/raid1/www/Hosts/bankrupt/CAR_Public/231115.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, November 15, 2023, Vol. 25, No. 229
Headlines
18 BEDFORD AVE: Melendez Files ADA Suit in E.D. New York
23ANDME INC: Furia Sues Over Data Breach Involving Customer's Info
3M COMPANY: McPherson Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Rodriquez Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Ulmer Sues Over Exposure to Toxic Chemicals
3M COMPANY: Weinrick Sues Over Exposure to Toxic Foams & Chemicals
ABBI TUXEDOS: Hernandez Files ADA Suit in E.D. New York
ADOBE INC: Pembroke Pines Fund Files Securities Class Action in NY
ANESKI INC: Bunting Sues Over Blind-Inaccessible Website
ARAMARK UNIFORM: Fernandez Sues Over Labor Code Breaches
ARCHIE COMIC: Zelvin Files ADA Suit in S.D. New York
ATC MEDICAL: Morales Sues Over Drivers' Unpaid Overtime
ATHENE ANNUITY: Seiler Suit Transferred to D. Massachusetts
BANK OF AMERICA: Morris Sues Over Deceptive Collection Practices
BANK OF NEW YORK MELLON: Court Rules on Class Certification Bid
BROADWAY PLAY: Mercedes Files ADA Suit in S.D. New York
BROOKLYN PREMIER: Johnson Sues Over Alleged Data Breach
CAMPANIA OF SI: Durantas Files ADA Suit in E.D. New York
CENTER AT LINCOLN: Fails to Pay Proper Wages, Commissiong Alleges
CEPHEID: Hall Sues Over Labor Law Violations, Unfair Business Acts
CHIDDY'S CHEESESTEAKS: Stroude Files ADA Suit in E.D. New York
CITYWIDE HEALTH: Stroude Files ADA Suit in E.D. New York
COMPLETE TILE: Melendez Files ADA Suit in E.D. New York
CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit
CONVIVE BRANDS: McAlmon Sues Over Unlawful Labor Practices
CONVOY INC: Siu Sues Over Mass Layoffs Without Prior Notice
COSTCO WHOLESALE: Lock Sues Over Junior Managers' Unpaid Overtime
DANA INC: Fails to Provide Proper Overtime Pay, Lee Claims
DISCORD INC: Still Charges Canceled Subscriptions, Zarecor Says
E&E TRUCK: Villareal Sues Over Unpaid Wages and Retaliation
EATING RECOVERY: Faces Suit Over Disclosure of Private Medical Info
ENGAGESMART INC: Franchi Sues Over Breaches of Fiduciary Duty
FARFETCH LTD: Faces Ragan Suit Over Decline in Share Price
FORD MOTOR: Faces Soehnlein Suit Over Vehicles' Transmission Defect
FROM YOU FLOWERS: Abrego Sues Over False Discount Ads
G & A BAKING: Luna Sues Over Miscalculated Wages
INTERNAL HEALTH: Fails to Provide Proper Wages, Taylor Claims
KYBENCO DISPOSALS: Fails to Pay Overtime Premiums, Goleman Claims
LAKELAND COMMUNITY: Golden Sues Over Alleged Privacy Breach
MAV BEAUTY: Nersisyan Sues Over Misleading Product Labeling
MAY WEST: Harold and Sutton Sue Over Unlawful Labor Practices
MCLAREN HEALTH: Failed to Secure Private Health Info, Wells Says
MOUNT SINAI: Cooper et al. Sue Over Disclosure of Private Info
NEXT NET MEDIA: Swartz Seeks Unpaid Minimum, Overtime Wages
NIRC INC: Faces Jaycox Suit Over Unlawful Labor Practices
NUANCE COMMUNICATIONS: Lacks Personal Data Security, Farrar Says
OTSUKA AMERICA: Fails to Pay Overtime Premiums, Caston Suit Claims
PEPSICO INC: Website Inaccessible to Blind Users, Martinez Says
PHILADELPHIA FIREFIGHTERS: Misled Firefighters on Pension Benefits
PRESIDENTIAL STAFFING: Misclassifies Nurses, Olabinjo Says
RIVERBAY CORP: Gregory et al. Sue Over Labor Law Violations
ROSS STORES: Lyle Sues Over Failure to Pay Proper Overtime
STUDY.COM LLC: Discloses Personal Info to Facebook, Lacasse Says
SUNPOWER CORP: Craven Sues Over Securities Law Breaches
UNIVERSAL CITY: Faces Parker Suit Over Misleading Film Ad
VIA RENEWABLES: Continues to Defend Gilkin Class Suit
VIBRANT HORIZONS: Granison Sues Over Unpaid Wages, Retaliation
VITAL FARMS INC: Continues to Defend Usler Class Suit
VOYA FINANCIAL: Continues to Defend Ravarino Class Suit
ZOA ENERGY: Gershzon Sues Over Energy Drinks' False Labels
*********
18 BEDFORD AVE: Melendez Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against 18 Bedford Ave, LLC.
The case is styled as Rhondine Melendez, on behalf of herself and
all others similarly situated v. 18 Bedford Ave, LLC, Case No.
1:23-cv-08076 (E.D.N.Y., Oct. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
18 BEDFORD AVE, LLC doing business as Five Leaves --
http://www.fiveleavesny.com/-- is a restaurant located in
Greenpoint, Brooklyn and offers a diverse menu of breakfast, lunch,
and dinner options, with a focus on fresh, locally sourced
ingredients.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
23ANDME INC: Furia Sues Over Data Breach Involving Customer's Info
------------------------------------------------------------------
Nicholas Furia, on behalf of himself and all others similarly
situated, Plaintiff v. 23ANDME, Inc., Defendant, Case No.
4:23-cv-05565-DMR (N.D. Cal., October 27, 2023) arises from the
recent cyberattack and data breach involving the personally
identifiable information and personal health information of
customers of Defendant, alleging claims against the Defendant for
negligence, breach of implied contract, invasion of privacy, unjust
enrichment, and for violations of the Federal Trade Commission
Act.
On or about October 6, 2023, Defendant announced, that unauthorized
access to customer PII had taken place. However, the Defendant
failed to state in its Notice whether it successfully contained or
ended the cybersecurity threat and how the breach itself occurred,
says the suit.
23andMe is a biotechnology company that maps the unique individual
genomes of customers to create personalized genetic reports on
subjects including ancestry and genetic health risks. [BN]
The Plaintiff is represented by:
Daniel E. Gustafson , Esq.
David A. Goodwin, Esq.
Matt Jacobs, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
dgoodwin@gustafsongluek.com
mjacobs@gustafsongluek.com
- and -
Matthew Smith, Esq.
MIGLIACCIO & RATHOD LLP
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: (831) 687-8255
E-mail: msmith@classlawdc.com
3M COMPANY: McPherson Sues Over Exposure to Toxic Aqueous Foams
---------------------------------------------------------------
Paul McPherson, 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 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.
2:23-cv-05508-RMG (D.S.C., Oct. 30, 2023), 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, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent'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
colorectal cancer as a result of exposure to 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:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 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
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Rodriquez Sues Over Exposure to Toxic Aqueous Foams
---------------------------------------------------------------
Anthony Rodriquez, 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; CLARIANT CORPORATION; CORTEVA, INC.;
DEEPWATER CHEMICALS, INC. DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT,
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY,
individually and as successor in interest to DuPont Chemical
Solutions Enterprise; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY, individually and as successor in
interest to Du Pont Chemical Solutions Enterprise; TYCO FIRE
PRODUCTS L.P.; and UTC FIRE & SECURITY AMERICAS CORPORATION, INC.,
Case No. 2:23-cv-05533-RMG (D.S.C., Oct. 31, 2023), 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, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to 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 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:
Tessa G. Cuneo, Esq.
Alexandra W. Robertson, Esq.
ASK LLP
2600 Eagan Woods Drive, Suite 400
St. Paul, MN 55121
Phone: (651) 406-9665
Fax: (651) 406-9676
Email: tcuneo@askllp.com
arobertson@askllp.com
3M COMPANY: Ulmer Sues Over Exposure to Toxic Chemicals
-------------------------------------------------------
James Ulmer, 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 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.), WILLFIRE HC
LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No.
2:23-cv-05511-RMG (D.S.C., Oct. 30, 2023), 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, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to 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 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:
Scott M. Hendler, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway
Bldg. 1, Ste 300
Austin, TX 78746
Phone: (512) 439-3202
Fax: (512) 439-3201
Email: shendler@hendlerlaw.com
3M COMPANY: Weinrick Sues Over Exposure to Toxic Foams & Chemicals
------------------------------------------------------------------
Ronald Weinrick, 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 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.), WILLFIRE HC
LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No.
2:23-cv-05510-RMG (D.S.C., Oct. 30, 2023), 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, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to 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 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:
Scott M. Hendler, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway
Bldg. 1, Ste 300
Austin, TX 78746
Phone: (512) 439-3202
Fax: (512) 439-3201
Email: shendler@hendlerlaw.com
ABBI TUXEDOS: Hernandez Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Abbi Tuxedos, LLC.
The case is styled as Timothy Hernandez, on behalf of himself and
all others similarly situated v. Abbi Tuxedos, LLC, Case No.
1:23-cv-08066-FB-SJB (E.D.N.Y., Oct. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Abbi Tuxedos, LLC doing business as Tuxedo By Sarno --
https://www.tuxedobysarno.com/ -- is the Northeastern United
States' premier provider of tuxedo rental suits and formal wear for
weddings, quinceaneras, prom, and special events.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
ADOBE INC: Pembroke Pines Fund Files Securities Class Action in NY
------------------------------------------------------------------
PEMBROKE PINES FIREFIGHTERS & POLICE OFFICERS PENSION FUND and the
CITY OF HOLLYWOOD POLICE OFFICERS' RETIREMENT SYSTEM, individually
and on behalf of all others similarly situated, Plaintiffs v. ADOBE
INC., SHANTANU NARAYEN, JOHN MURPHY, DANIEL DURN, DAVID WADHWANI,
and JONATHAN VAAS, Defendants, Case No. 1:23-cv-09260 (S.D.N.Y.,
Oct. 20, 2023) is a federal securities class action that Plaintiffs
bring on behalf of themselves and a class consisting of all persons
and entities that purchased or otherwise acquired the common stock
of Adobe between July 23, 2021 and September 15, 2022, inclusive,
asserting claims for violations of the Securities Exchange Act of
1934 and the rules and regulations promulgated thereunder.
During the Class Period, the Defendants repeatedly downplayed the
competitive pressure Adobe was experiencing from companies like
Figma, which provides a simple web-based tool for designing user
interfaces. Figma's success was exploding, as it reached a $10
billion valuation just before the beginning of the Class Period.
Despite this, Defendants cast Figma as merely a "point" player in
the wider digital design market, and maintained that Figma's
customers would eventually graduate (and switch) to Adobe's more
advanced products. In that vein, Defendants wrongly led investors
to believe that Figma's only potential threat was as a minor
disruption of Adobe's funnel for new paying customers, and they
described Adobe's "Express" app -- which focuses on video and photo
editing -- as a simple product that was successfully filling that
role. Meanwhile, Defendants concealed that Adobe's own
user-interface design app, "XD," was the true competitor to Figma
but was failing to gain traction with customers, says the suit.
In light of these misstatements, investors were stunned when, on
September 15, 2022, Adobe announced that it would acquire Figma for
$20 billion -- double Figma's valuation from just one year prior
and at a multiple of 50 times Figma's revenues. With this
announcement, investors learned for the first time that they had
been misled: Adobe management, in fact, saw Figma as not only a
major competitor, but as an existential threat, and Adobe's own
in-house products were not effectively serving their intended
purpose. The market sent Adobe's stock down nearly 17% and wiped
out billions of dollars of investor value in a single trading day,
the suit asserts.
The Plaintiffs and class members purchased Adobe common stock at
artificially inflated prices created and/or maintained by
Defendants' alleged materially false or misleading statements and
omissions throughout the Class Period. When the truth concerning
the Company was belatedly revealed to the market, Plaintiffs and
class members suffered monetary damages. This action seeks to
recover those damages.
Adobe, Inc. is a software company that offers tools on a
subscription basis for, among other things, sharing documents,
editing pictures, and designing web pages.[BN]
The Plaintiffs are represented by:
Daniel L. Berger, Esq.
Caitlin M. Moyna, Esq.
GRANT & EISENHOFER, P.A.
485 Lexington Avenue
New York, NY 10017
Telephone: (646) 722-8500
Facsimile: (610) 722-8501
E-mail: dberger@gelaw.com
cmoyna@gelaw.com
- and -
Robert D. Klausner, Esq.
KLAUSNER KAUFMAN JENSEN & LEVINSON
7080 NW 4th Street
Plantation, FL 33317
Telephone: (954) 916-1202
Facsimile: (954) 916-1232
E-mail: bob@robertdklausner.com
ANESKI INC: Bunting Sues Over Blind-Inaccessible Website
--------------------------------------------------------
RASHETA BUNTING, on behalf of herself and all other persons
similarly situated, Plaintiff v. ANESKI, INC., Defendant, Case No.
530497/2023 (N.Y. Sup., Kings Cty., Oct. 20, 2023) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its website, aneskihome.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of the New York
State Human Rights Law, the New York State Civil Rights Law, and
the New York City Human Rights Law.
The Plaintiff browsed and intended to make an online purchase of
the Cloud Percale Basics Set and the Dream Sateen Flat Sheet on
aneskihome.com. However, unless Defendant remedies the numerous
access barriers on its website, Plaintiff will continue to be
unable to independently navigate, browse, use, and complete a
transaction on the website. By failing to make the website
accessible to blind persons, Defendant is violating basic equal
access requirements under both state and city law, says the suit.
Aneski, Inc. is a U.S.-based online retail business that offers
Egyptian cotton bedding.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
ARAMARK UNIFORM: Fernandez Sues Over Labor Code Breaches
--------------------------------------------------------
JERRI ANTOINETTE FERNANDEZ, individually, and on behalf of all
others similarly situated, Plaintiff v. ARAMARK UNIFORM & CAREER
APPAREL, LLC, a California corporation; and DOES 1 through 10,
inclusive, Defendants, Case No. 23STCV26252 (Cal. Super., October
26, 2023) seeks for civil penalties, reasonable attorneys' fees and
costs of suit incurred pursuant to the California Labor Code.
The Plaintiff worked for Defendants in the County of Los Angeles as
a folder and ironer from approximately November 2022 to January
2023. During the statutory period, the Defendants classified
Plaintiff as non-exempt from California’s overtime requirements,
and paid Plaintiff an hourly wage. However, during the said period,
the Defendants failed to pay Plaintiff for all hours worked
(including minimum wages and overtime wages), failed to provide
Plaintiff with uninterrupted meal periods, failed to authorize and
permit Plaintiff to take uninterrupted rest periods, failed to
indemnify Plaintiff for necessary business expenses, failed to
timely pay all final wages to Plaintiff when Defendants terminated
Plaintiff's employment, and failed to furnish accurate wage
statements to Plaintiff, says the suit.
Headquartered in California, Aramark provides food service,
facilities and uniform services to hospitals, universities, school
districts, stadiums and other businesses.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Lilit Ter-Astvatsatryan, Esq.
Yudi "Annie" Ruan, Esq.
MOON LAW GROUP, PC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kmoon@moonlawgroup.com
lilit@moonlawgroup.com
aruan@moonlawgroup.com
ARCHIE COMIC: Zelvin Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Archie Comic
Publications, Inc. The case is styled as Lynn Zelvin, on behalf of
himself and all others similarly situated v. Archie Comic
Publications, Inc., Case No. 1:23-cv-09506 (S.D.N.Y., Oct. 30,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Archie Comic Publications, Inc. -- https://archiecomics.com/ -- is
an American comic book publisher headquartered in Pelham, New
York.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ATC MEDICAL: Morales Sues Over Drivers' Unpaid Overtime
-------------------------------------------------------
BARBARO MORALES, and other similarly individuals, Plaintiff v. ATC
MEDICAL TRANSPORT CORP, IVANIA ARQUEZ, and ALFREDO TEJEDOR,
Defendants, Case No. 1:23-cv-24049-JEM (S.D. Fla., Oct. 23, 2023)
is an action against the Defendants to recover money damages for
Plaintiff's unpaid overtime wages under the Fair Labor Standards
Act.
The Plaintiff was employed by the Defendants as a driver from
approximately January 2022 to approximately July 2023. The
Plaintiff contends that he worked approximately an average of 72
hours per week without being compensated at a rate of not less than
one- and one-half times the regular rate at which he was employed.
ATC Medical Transport Corp. is a transportation service provider in
Hialeah, Florida.[BN]
The Plaintiff is represented by:
Ruben Martin Saenz, Esq.
THE SAENZ LAW FIRM, P.A.
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 482-1475
E-mail: martin@legalopinionusa.com
ATHENE ANNUITY: Seiler Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case captioned as Noah Seiler, Individually and on behalf of
all others similarly situated v. Athene Annuity and Life Company,
Pension Benefit Information, LLC, Progress Software Corporation,
Case No. 4:23-cv-00336 was transferred from the U.S. District Court
for the Southern District of Iowa, to the U.S. District Court for
the District of Massachusetts on Oct. 31, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12594-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Athene Annuity & Life Company -- http://www.athene.com/-- is a
leading provider of products in the retirement savings market.[BN]
The Plaintiff is represented by:
Nicholas J. Mauro, Esq.
CARNEY & APPLEBY PLC
303 Locust St, 400 Homestead Bldg
Des Moines, IA 50309
Phone: (515) 282-6803
Fax: (515) 282-4700
Email: mauro@carneyappleby.com
- and -
David S. Almeida, Esq.
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
333 W. Wacker Dr., Suite 1900
Chicago, IL 60606
Phone: (312) 212-4954
- and -
Elena A. Belov, Esq.
ALMEIDA LAW FIRM
849 W. Webster Avenue
Chicago, IL 60614
Phone: (917) 716-7132
Email: elena@almeidalawgroup.com
The Defendant is represented by:
Angel Anna West, Esq.
MAYNARD NEXSEN, P.C.
801 Grand Avenue, Suite 100
Des Moines, IA 50309
Phone: (515) 686-8223
Fax: (205) 254-1999
Email: awest@maynardnexsen.com
BANK OF AMERICA: Morris Sues Over Deceptive Collection Practices
----------------------------------------------------------------
KIMBERLY MORRIS, ALGER JASON RYAN MORRIS, JAMES BAKER, and EDITH
BAKER, individually and on behalf of all others similarly situated,
Plaintiffs v. KENNETH DEAN SUGARMAN, BANK OF AMERICA, N.A., and
JOHN AND JANE DOES 1-25, Defendants, Case No. 1:23-cv-09327-KPF
(S.D.N.Y., Oct. 24, 2023) is a class action brought by the
Plaintiffs seeking in excess of $75,000 from attorney, Kenneth Dean
Sugarman, Bank of America, N.A. and John and Jane Does 1-25, based
on a lawsuit Sugarman filed against them in New York state court,
in which he obtained a default judgment against them based on false
affidavits on behalf of a non-existent entity.
On February 11, 2021, Sugarman filed an action against the
Plaintiffs in the Civil Court of New York County (Case No.
CV-002410-21) captioned Omega Factoring Alliance, as Assignee of
Chef Creations L.L.C. Against James Baker, Edith Baker, Ryan Morris
& Kimberly Baker Morris d b a One Source Foods. The lawsuit claimed
that Plaintiffs owed $24,000 to a company called Chef Creations LLC
and that "Right, Interest, and Title to this Receivable" was
subsequently transferred from Chef Creations LLC, the Assignor, to
Omega Factoring Alliance, the Assignee.
On October 14, 2022, Sugarman served BOA with a Restraining Notice
and Information Subpoena bearing the case number of the Lawsuit
against Plaintiffs in New York County. In response, BOA restrained
a personal account containing funds belonging to the Morrises at a
BOA branch in Conyers, Georgia.
In this complaint, Sugarman allegedly violated New York Judicial
Law, which prohibits an attorney to engage in deceit with intent to
deceive the court, by: (a) bringing the lawsuit on behalf of a
non-existent entity; (b) asserting claims in a New York court
against persons without any connection to New York; (c) falsely
claiming that persons owe money to pay money to a non-existent
entity; (d) filing affidavits of service falsely purporting to show
that Plaintiffs had been served with the summons and complaint,
obtaining a default judgment thereby. Sugarman has been filing
cases on behalf of Omega since 2004, demonstrating a chronic
pattern of extreme and egregious deceit with the intent to deceive
the court, says the suit.
Plaintiffs Kimberly Morris and Ryan Morris were injured in that the
lawsuit and the default judgment caused them to lose access to
funds in their joint personal bank account for a period of up to
three and half months, the suit alleges.
Bank of America, N.A. is a federally chartered bank with its
headquarters in Charlotte, North Carolina.[BN]
The Plaintiffs are represented by:
Abraham Kleinman, Esq.
KLEINMAN LLC
626 RXR Plaza
Uniondale, NY 11556-0626
Telephone: (516) 522-2621
Facsimile: (888) 522-1692
E-mail: akleinman@kleinmanllc.com
- and -
Francis R. Greene, Esq.
GREENE CONSUMER LAW
1954 First St. #154
Highland Park, IL 60035
Telephone: (312) 847-6979
Facsimile: (312) 847-6978
E-mail: francis@greeneconsumerlaw.com
BANK OF NEW YORK MELLON: Court Rules on Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as SERGIO MOGOLLON, et al.,
v. THE BANK OF NEW YORK MELLON, Case No. 3:19-cv-03070-N-BQ (N.D.
Tex.), the Hon. Judge David C. Godbey entered an order granting
stipulation and agreed-to order regarding timing of service of the
Plaintiffs' motion for class certification.
The Plaintiffs Sergio Mogollon and Colleen Lowe and Defendant The
Bank of New York Mellon stipulate to the following regarding the
timing for service of the Plaintiffs' forthcoming class
certification motion, and request that the Court issue an Order
approving the following stipulation:
1. The Court is considering Plaintiffs' Motion for Suggestion of
Remand and the parties are currently briefing Defendant's
recently filed Motion to Stay Merits Discovery.
2. Specifically, the parties stipulate and agree that in the
event:
(a) the Court has not ruled upon Plaintiff's Motion for
Suggestion of Remand before it rules upon Defendant's
Motion
to Stay Merits Discovery; or
(b) the Court denies Plaintiffs' Motion for Suggestion of
Remand, the due date for Plaintiffs to serve a Rule 23
motion for class certification shall be 60 days after the
Court issues an order on Defendant's Motion to Stay
Merits
Discovery.
3. In the event the Court grants Plaintiffs' Motion for
Suggestion
of Remand, the due date for Plaintiffs to serve a Rule 23
motion
for class certification shall be set by the United States
District Court for the District of New Jersey.
Bank of New York Mellon Corporation is an American investment
banking services holding company headquartered in New York City.
A copy of the Court's order dated Oct. 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3QKbA36 at no extra charge.[CC]
The Plaintiffs are represented by:
Eugene E. Stearns, Esq.
Jay B. Shapiro, Esq.
Joshua Munn, Esq.
Veronica L. de Zayas, Esq.
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A.
Museum Tower
150 W Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 789-3200
Facsimile: (305) 789-3395
E-mail: estearns@stearnsweaver.com
jshapiro@stearnsweaver.com
jmunn@stearnsweaver.com
vdezayas@stearnsweaver.com
- and -
Michael E. Criden, Esq.
Lindsey C. Grossman, Esq.
CRIDEN & LOVE, P.A.
7301 S.W. 57th Court, Suite515
South Miami, FL 33143
Telephone: (305) 357-3900
Facsimile: (305) 357-9050
E-mail: mcriden@cridenlove.com
lgrossman@cridenlove.com
James E. Cecchi, Esq.
CARELLA BYRNE CECCH
OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
The Defendant is represented by:
Thomas M. Farrell, Esq.
Jeffrey J. Chapman, Esq.
MCGUIREWOODS LLP
845 Texas Avenue, 24th Floor
Houston, TX 77002
Telephone: (713) 571-9191
Facsimile: (713) 571-9652
E-mail: tfarrell@mcguirewoods.com
jchapman@mcguirewoods.com
BROADWAY PLAY: Mercedes Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Broadway Play
Publishing, Inc. The case is styled as Luis Mercedes, on behalf of
himself and all others similarly situated v. Broadway Play
Publishing, Inc., Case No. 1:23-cv-09519 (S.D.N.Y., Oct. 30,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Broadway Play Publishing Inc. --
https://www.broadwayplaypublishing.com/ -- was established in New
York City in 1982 to publish and license the stage performance
rights of contemporary American plays.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
BROOKLYN PREMIER: Johnson Sues Over Alleged Data Breach
-------------------------------------------------------
MARQUITA WASHINGTON JOHNSON, on behalf of herself individually and
on behalf of all others similarly situated, Plaintiff v. BROOKLYN
PREMIER ORTHOPEDICS AND PAIN MANAGEMENT PLLC, Defendant, Case No.
1:23-cv-07990-NRM-JAM (E.D.N.Y., October 26, 2023) arises out of
the recent cyberattack and data breach resulting from Defendant's
failure to implement reasonable and industry standard data security
practices.
The Defendant's letter sent on or about October 5, 2023 failed to
include the critical facts, such as the dates of the data breach,
the dates of Defendant's investigation, the date Defendant detected
the data breach, the details of the root cause of the data breach,
the vulnerabilities exploited, and the remedial measures undertaken
to ensure such a breach does not occur again, says the suit.
Brooklyn Premier Orthopedics and Pain Management PLLC is a
healthcare limited liability company formed under the state laws of
New York, with its principal place of business located in Brooklyn,
NY. [BN]
The Plaintiff is represented by:
Vicki J. Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (212) 594-5300
E-mail: vmaniatis@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
5335 Wisconsin Avenue NW
Washington, DC 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
CAMPANIA OF SI: Durantas Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Campania of Si, Inc.
The case is styled as Hakan Durantas, on behalf of himself and all
others similarly situated v. Campania of Si, Inc., Case No.
1:23-cv-08090 (E.D.N.Y., Oct. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Campania of Si, Inc. -- https://campaniacoalfiredpizza.com/ -- is
an Italian restaurant specializing in authentic coal-fired Italian
pizza and antipasto.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CENTER AT LINCOLN: Fails to Pay Proper Wages, Commissiong Alleges
-----------------------------------------------------------------
CELINE COMMISSIONG, individually and for others similarly situated,
Plaintiff v. THE CENTER AT LINCOLN, LLC, Defendant, Case No.
1:23-cv-02834 (D. Colo., October 27, 2023) arises out of the The
Center at Lincoln's violations of the Fair Labor Standards Act.
Plaintiff Commissiong worked for TCL as a certified nursing
assistant and licensed practical nurse from approximately December
2015 until April 2021. As of TCL's patient care workers, Plaintiff
regularly worked more than 40 hours a week. However, TCL did not
pay its patient care workers for all their hours worked. It also
automatically deducted 30 minutes a day from Plaintiff's and other
patience care workers' recorded work time for so-called meal
breaks, says the suit.
Headquartered in Parker, CO, TCL offers physical rehabilitation and
nursing care to patients. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
CEPHEID: Hall Sues Over Labor Law Violations, Unfair Business Acts
------------------------------------------------------------------
Darryl Hall, individually and on behalf of all similarly situated
individuals, Plaintiff, v. Cepheid, a California Corporation; Vitor
Rocha, an individual; Deborah Gonyea, an individual; and Does
1-100; Defendants, Case No. 23CV424954 (Cal. Super., Santa Clara
Cty., October 26, 2023) alleges claims against the Defendants for
violations of the California Labor Code and the California Business
and Professions Code.
Plaintiff Hall worked for Cepheid as a non-exempt employee from
approximately 2021 to 2023. Allegedly, Cepheid has implemented a
uniform time clock rounding policy and practice that results in
Plaintiff Hall and Class Members being denied minimum wages and
overtime compensation for all hours worked. In addition, Cepheid
failed to authorize and/or permit non-exempt employees, including
Plaintiff, to take bona fide meal and rest breaks pursuant to Labor
Code Section 226.7 by interrupting employees on their meal and/or
rest periods, providing meal and rest periods late, or not at all,
and by providing meal and rest periods that are not a net-30
minutes or net-10 minutes in length.
Headquartered in Sunnyvale, California, Cepheid is an American
molecular diagnostics company that develops and sells automated
nucleic acid tests. [BN]
The Plaintiff is represented by:
Elliot J. Siegel, Esq.
Julian Burns King, Esq.
KING & SIEGEL LLP
724 South Spring Street, Suite 201
Los Angeles, CA 90014
Telephone: (213) 465-4802
Facsimile: (213) 465-4803
E-mail: elliot@kingsiegel.com
julian@kingsiegel.com
CHIDDY'S CHEESESTEAKS: Stroude Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Chiddy's
Cheesesteaks, Inc. The case is styled as Colette Stroude, on behalf
of himself and all others similarly situated v. Chiddy's
Cheesesteaks, Inc., Case No. 1:23-cv-08085 (E.D.N.Y., Oct. 30,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chiddy's Cheesesteaks, Inc. -- https://www.chiddyscheesesteaks.com/
-- is a Cheesesteak restaurant.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
CITYWIDE HEALTH: Stroude Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Citywide Health
Management, Inc. The case is styled as Colette Stroude, on behalf
of himself and all others similarly situated v. Citywide Health
Management, Inc., Case No. 1:23-cv-08080-EK-RML (E.D.N.Y., Oct. 30,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
CITYWIDE HEALTH MANAGEMENT, INC. is a New York Domestic Business
Corporation.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
COMPLETE TILE: Melendez Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Complete Tile
Collection, LLC. The case is styled as Rhondine Melendez, on behalf
of herself and all others similarly situated v. The Complete Tile
Collection, LLC, Case No. 1:23-cv-08074 (E.D.N.Y., Oct. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Complete Tile Collection -- https://www.completetile.com/ -- is a
tile and stone products showroom that sells ceramic, stone, glass,
mosaic, and porcelain.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit
-----------------------------------------------------------------
ConocoPhillips disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2023 filed with the Securities and
Exchange Commission on November 2, 2023, that the Company continues
to defend itself from the federal securities class suit in the
United States District Court for the Southern District of Texas.
In July 2021, a federal securities class action was filed against
Concho, certain of Concho's officers, and ConocoPhillips as
Concho’s successor in the United States District Court for the
Southern District of Texas.
On October 21, 2021, the court issued an order appointing Utah
Retirement Systems and the Construction Laborers Pension Trust for
Southern California as lead plaintiffs (Lead Plaintiffs).
On January 7, 2022, the Lead Plaintiffs filed their consolidated
complaint alleging that Concho made materially false and misleading
statements regarding its business and operations in violation of
the federal securities laws and seeking unspecified damages,
attorneys' fees, costs, equitable/injunctive relief, and such other
relief that may be deemed appropriate.
The defendants filed a motion to dismiss the consolidated complaint
on March 8, 2022.
On June 23, 2023, the court denied defendants' motion as to most
defendants including Concho/ConocoPhillips.
The Company believes the allegations in the action are without
merit and are vigorously defending this litigation.
ConocoPhillips is an exploration and production company based in
Texas. On January 15, 2021, it completed the acquisition of Concho
Resources Inc. (Concho), an independent oil and gas exploration
and production company with operations in New Mexico and West
Texas
focused on the Permian Basin.
CONVIVE BRANDS: McAlmon Sues Over Unlawful Labor Practices
----------------------------------------------------------
NIYASHA MCALMON, on behalf of herself and all others similarly
situated, Plaintiff v. CONVIVE BRANDS, LLC, and LPQ SAILBOAT POND,
INC., Defendants, Case No. 160323/2023 (N.Y. Sup., New York Cty.,
Oct. 23, 2023) seeks damages and other legal and equitable relief
against Defendants for violations of the New York State Labor Law,
the New York Code of Rules and Regulations, the New York Wage Theft
Prevention Act, and the New York City Administrative Code or Fair
Workweek Law.
The complaint alleges that Defendants committed a violation of the
Fair Workweek Law each time it failed to provide a written good
faith estimate to any employees hired to work in New York City and
provide each employee with that employee's written work schedule 14
days in advance. The Defendant also failed to provide uniform
maintenance pay or reimbursement for the cost of maintaining
uniforms.
The Plaintiff was employed by Defendants from approximately May
2023 through July 2023 as a fast food employee.
Convive Brands, LLC operates restaurants that prepare and offer
food and beverage for customer consumption.[BN]
The Plaintiff is represented by:
Mark Gaylord, Esq.
BOUKLAS GAYLORD LLP
357 Veterans Memorial Highway
Commack, NY 11725
Telephone: (516) 742-4949
E-mail: mark@bglawny.com
CONVOY INC: Siu Sues Over Mass Layoffs Without Prior Notice
-----------------------------------------------------------
KRISTY SIU on behalf of herself and all others similarly situated;
Plaintiff v. CONVOY, INC. Defendant, Case No. 1:23-cv-01198-UNA (D.
Del., Oct. 22, 2023) is a civil action brought by the Plaintiff for
collection of unpaid wages and benefits from the Defendant for 60
calendar days pursuant to the Worker Adjustment and Retraining
Notification Act of 1988.
The Plaintiff was an employee of Defendant until she were
terminated as part of, or as a result of a mass layoff and/or plant
closing ordered by Defendant. As such, Defendant is liable under
the WARN Act for the failure to provide Plaintiff and the other
similarly situated former employees at least 60 days' advance
written notice of termination, as required by the WARN Act, says
the suit.
Plaintiff Siu was employed by Defendant and worked at or reported
to a facility located in Seattle, Washington until her termination
without cause on October 19, 2023.
Convoy, Inc. operates a technology-enabled trucking company.[BN]
The Plaintiff is represented by:
James E. Huggett, Esq.
MARGOLIS EDELSTEIN
300 Delaware Avenue Suite 800
Wilmington, DE 19801
Telephone: (302) 888-1112
Facsimile: (302) 888-1119
- and -
Stuart J. Miller, Esq.
LANKENAU & MILLER, LLP
100 Church Street, 8th Fl
New York, NY 10078
Telephone: (212) 581-5005
Facsimile: (212) 581-2122
- and -
Mary E. Olsen, Esq.
M. Vance McCrary, Esq.
THE GARDNER FIRM, PC
182 St. Francis Street Suite 103
Mobile, AL 36602
Telephone: (251) 433-8100
Facsimile: (251) 433-8181
COSTCO WHOLESALE: Lock Sues Over Junior Managers' Unpaid Overtime
-----------------------------------------------------------------
KAI LOCK, KYLE STRAKER, MICHAEL NICKICH, and on behalf of
themselves and all others similarly situated, Plaintiffs v. COSTCO
WHOLESALE CORPORATION, Defendant, Case No. 2:23-cv-07904 (E.D.N.Y.,
Oct. 23, 2023) seeks to recover Plaintiffs' unpaid overtime wages
and other damages on behalf of all of Costco's Junior Managers,
based on Defendant's violation of the Fair Labor Standards Act and
the New York Labor Law, and appropriate rules and regulations.
According to the complaint, the Plaintiffs and other similarly
situated Junior Managers consistently worked over 40 hours per week
without receiving premium overtime pay for all the hours they
worked. The Defendant also failed to keep accurate time records for
all hours worked by Plaintiffs and the Class, says the suit.
Plaintiffs Lock, Straker, and Nickich were employed by the
Defendant as salaried Junior Managers from June 2021 through
January 2022, from 2020 through 2022, and from December 2020
through June 2022, respectively.
Costco Wholesale Corporation owns and operates a chain of
membership warehouses.[BN]
The Plaintiffs are represented by:
Troy L. Kessler, Esq.
Tana Forrester, Esq.
Garrett Kaske, Esq.
KESSLER MATURA P.C.
534 Broadhollow Road, Suite 275
Melville, NY 11747
Telephone: (631) 499-9100
E-mail: tkessler@kesslermatura.com
tforrester@kesslermatura.com
gkaske@kesslermatura.com
DANA INC: Fails to Provide Proper Overtime Pay, Lee Claims
----------------------------------------------------------
TYRONE LEE, on behalf of himself and all others similarly situated,
Plaintiff v. DANA INCORPORATED, Defendant, Case No.
3:23-cv-02072-JJH (N.D. Ohio, Oct. 23, 2023) arises from the
Defendant's practices and policies of not paying its hourly,
non-exempt employees, including Plaintiff and other similarly
situated employees, wages for all hours worked, including overtime
compensation at the rate of one and one-half times their regular
rate of pay for all the hours they worked over 40 each workweek, in
violation of the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as a manufacturing
employee at Defendant's St. Clair, Michigan plant from
approximately August 2022 through February 7, 2023.
Dana Incorporated is a global manufacturer of drive train system
components which operates manufacturing plants at various locations
in the United States.[BN]
The Plaintiff is represented by:
Matthew S. Grimsley, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: matthew@lazzarolawfirm.com
anthony@lazzarolawfirm.com
lori@lazzarolawfirm.com
DISCORD INC: Still Charges Canceled Subscriptions, Zarecor Says
---------------------------------------------------------------
ZHEA ZHEA ZARECOR as personal representative of ZHEA ZARECOR
SALAZAR, on behalf of herself and all others similarly situated,
Plaintiff v. DISCORD INC., Defendant, Case No. 3:23-cv-05385-AGT
(N.D. Cal., Oct. 20, 2023) is a class action brought on behalf of
the Plaintiff, the general public, and a class of similarly
situated consumers against Discord, regarding its automatic renewal
scheme with respect to its Discord Nitro subscriptions.
According to the complaint, Discord cancels users' subscriptions
for its Discord Nitro services on its own volition, and then
continues to charge subscribers for months after the cancellation.
In so doing, Discord systematically violates state automatic
renewal laws, including those of California, by engaging in a
pattern and practice of exploiting its members by continuing to
charge them monthly fees, without consumers' consent, after their
subscriptions have been canceled, says the suit.
Discord, Inc. is a San Francisco, California-based company which
provides software solutions.[BN]
The Plaintiff is represented by:
Jeffrey D. Kaliel, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 280-4783
E-mail: jkaliel@kalielpllc.com
- and -
Sophia G. Gold, Esq.
KALIELGOLD PLLC
950 Gilman Street, Suite 200
Berkeley, CA 94710
Telephone: (202) 350-4783
E-mail: sgold@kalielgold.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
E&E TRUCK: Villareal Sues Over Unpaid Wages and Retaliation
-----------------------------------------------------------
LUIS VILLAREAL, individually and on behalf of all others similarly
situated, Plaintiff v. E&E TRUCK & TRAILER REPAIR, INC. and EVELIO
PRIETO, Defendants, Case No. 2:23-cv-21331 (D.N.J., Oct. 20, 2023)
is an action seeking equitable and legal relief for Defendants'
violations of the Fair Labor Standards Act, the New Jersey Wage and
Hour Law, the New Jersey Wage Payment Law, and the New Jersey
Conscientious Employee Protection Act.
The complaint alleges Defendants' failure to pay Plaintiff and the
FLSA Collective Plaintiffs the required overtime wages, failure to
pay minimum wages in compliance with the law, failure to timely pay
wages, and engagement in unlawful retaliation.
The Plaintiff was employed by the Defendants as an auto mechanic
from May 1, 2006 until August 27, 2022.
E&E Truck & Trailer Repair, Inc. provides mechanic and auto-repair
services. It serves customers and orders supplies within New Jersey
and also from out of state.[BN]
The Plaintiff is represented by:
Nicole Grunfeld, Esq.
KATZ MELINGER PLLC
370 Lexington Avenue, Suite 1512
New York, NY 10017
Telephone: (212) 460-0047
Facsimile: (212) 428-6811
E-mail: ndgrunfeld@katzmelinger.com
EATING RECOVERY: Faces Suit Over Disclosure of Private Medical Info
-------------------------------------------------------------------
JANE DOE, individually and on behalf of a class of similarly
situated individuals, Plaintiff v. EATING RECOVERY CENTER LLC,
Defendant., Case No. 3:23-cv-05561-LB (N.D. Cal., October 27, 2023)
asserts claims against the Defendant Eating Recovery Center for
unjust enrichment and for violations of the California Invasion of
Privacy Act and the California's Confidentiality of Medical
Information Act.
ERC is a health care provider offering virtual and in-person
treatment for eating disorders and mental disorders. Through its
websites, users can access, schedule, or learn about these services
and do things like take diagnostic quizzes or research symptoms,
conditions, and treatment through the internal search bar. When
conducting many of these actions, users communicate private and
medical information to ERC and reasonably assume ERC protects this
information. Unbeknownst to users, ERC has embedded the MetaPixel
on its websites, which is a snippet of code that enables Meta to
intercept communications between users and ERC in real time, the
suit alleges.
ERC is a health care provider offering virtual and in-person
treatment for eating disorders and mental disorders. [BN]
The Plaintiff is represented by:
Daniel J. Mogin, Esq.
Timothy Z. LaComb, Esq.
MOGINRUBIN LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 687-6611
Facsimile: (619) 687-6610
E-mail: dmogin@moginrubin.com
tlacomb@moginrubin.com
- and -
Don Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
ENGAGESMART INC: Franchi Sues Over Breaches of Fiduciary Duty
-------------------------------------------------------------
ANTHONY FRANCHI, Plaintiff v. ENGAGESMART, INC., ROBERT BENNETT,
DEBORAH DUNNAM, MATTHEW HAMILTON, DAVID MANGUM, PRESTON MCKENZIE,
RAPH OSNOSS, DIEGO RODRIGUEZ, PAUL G. STAMAS, GENERAL ATLANTIC
(IC), L.P., GENERAL ATLANTIC (IC) SPV, L.P., VISTA EQUITY PARTNERS
MANAGEMENT, LLC, VISTA EQUITY PARTNERS FUND VIII, L.P., ICEFALL
PARENT, LLC, and ICEFALL MERGER SUB, INC., Defendants, Case No.
2023-1093 (IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE,
October 27, 2023) is a class action brought by the Plaintiff
asserting claims against the Defendants for breaches of
EngageSmart's Amended and Restated Certificate of Incorporation,
tortious interference with that contract, breaches of fiduciary
duty, and aiding-and-abetting those breaches of fiduciary duty.
General Atlantic, EngageSmart's controlling stockholder, seeks an
unfair, second control premium and entered into a merger agreement
with Vista that will see Plaintiff and other public stockholders
cashed out for $23 per share while General Atlantic will roll over
a substantial portion of its equity in exchange for 35% of the
post-closing private entity. Because the merger agreement treats
the common shares owned by public stockholders differently than the
common shares owned by General Atlantic, it violates the
Equal-Treatment Provision. Furthermore, Plaintiff brings this
action to enjoin the closing of the transaction unless and until
Defendants comply with the Equal-Treatment Provision, says the
suit.
Headquartered in Massachusetts, EngageSmart is a Delaware
corporation that provides vertically tailored customer engagement
software and integrated payments solutions. [BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
Mark Richardson, Esq.
LABATON SUCHAROW LLP
222 Delaware Ave., Suite 1510
Wilmington, DE 19801
Telephone: (302) 573-2540
E-mail: nweinberger@labaton.com
mrichardson@labaton.com
- and -
Kimberly A. Evans, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
E-mail: kim@blockleviton.com
robby@blockkleviton.com
- and -
John Vielandi, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
- and -
Jeremy Friedman, Esq.
David Tejtel, Esq.
Christopher Windover, Esq.
FRIEDMAN OSTER & TEJTEL PLLC
493 Bedford Center Road, Suite 2D
Bedford Hills, NY 10507
Telephone: (888) 529-1108
- and -
Joel Fleming, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
FARFETCH LTD: Faces Ragan Suit Over Decline in Share Price
----------------------------------------------------------
MICHAEL RAGAN, individually and on behalf of all others similarly
situated, Plaintiff v. FARFETCH LIMITED, JOSE NEVES, ELLIOT JORDAN,
and STEPHANIE PHAIR, Defendants, Case No. 8:23-cv-02857-TDC (D.
Md., Oct. 20, 2023) is a federal securities class action on behalf
of the Plaintiff and a class consisting of all persons and entities
other than Defendants that purchased or otherwise acquired Farfetch
securities between March 9, 2023 and August 17, 2023, both dates
inclusive, seeking to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder, against the Company and certain of its top
officials.
Throughout the Class Period, the Defendants made materially false
and misleading statements regarding the Company's business,
operations, and prospects. Specifically, Defendants made false
and/or misleading statements and/or failed to disclose that: (i)
Farfetch was experiencing a significant slowdown in growth in the
U.S. and China; (ii) Farfetch also faced onboarding challenges
impacting the launch of its Reebok partnership; (iii) Farfetch
downplayed challenges it faced with respect to, and/or overstated
its ability to manage, its supply chain and inventory; (iv) all the
foregoing was having a significant negative impact on Farfetch's
revenue and gross merchandise value growth; (v) accordingly,
Farfetch was unlikely to meet market expectations for its Q2 2023
financial results or its own FY 2023 revenue guidance; and (vi) as
a result, the Company's public statements were materially false and
misleading at all relevant times, says the suit.
On August 18, 2023, media outlets reported that multiple analysts
had downgraded Farfetch based on its poor Q2 2023 results and
disappointing guidance for FY 2023. Following these developments,
Farfetch's Class A ordinary share price fell $2.15 per share, or
45.17%, to close at $2.61 per share on the same day.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the suit asserts.
Farfetch Ltd. operates a global platform for the luxury fashion
industry.[BN]
The Plaintiff is represented by:
Daniel S. Sommers, Esq.
S. Douglas Bunch, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue N.W.
Suite 500, East Tower
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: dsommers@cohenmilstein.com
dbunch@cohenmilstein.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
FORD MOTOR: Faces Soehnlein Suit Over Vehicles' Transmission Defect
-------------------------------------------------------------------
MARK SOEHNLEIN, TERESSA KOHMAN, and RICHARD BUNGER, individually
and on behalf of all others similarly situated, Plaintiffs v. FORD
MOTOR COMPANY, Defendant, Case No. 1:23-cv-09262 (S.D.N.Y., Oct.
20, 2023) is a class action against the Defendant for breach of
express warranty, breach of implied warranty, negligence, unjust
enrichment, and violations of the Magnuson-Moss Warranty Act and
the New York General Business Law.
The Plaintiffs bring this case individually and on behalf of all
similarly situated persons who purchased or leased a Ford vehicle
equipped with a 10R80 10-speed transmission that was designed,
manufactured, distributed, advertised, marketed, sold, and/or
leased by Ford or Ford’s parent, subsidiary, or affiliates.
According to the complaint, Ford knew or should have known the
Vehicles contain one or more design and/or manufacturing defects,
including but not limited to defects contained in the Vehicles'
10R80, a 10-speed automatic transmission that can shift harshly and
erratically, causing the vehicle to jerk, lunge, clunk, hesitate,
surge, or slip between gears. Nevertheless, Ford failed to disclose
this defect to Plaintiffs and Class Members at the time of purchase
or lease, or thereafter. This common design and/or manufacturing
defect in Ford's 10R80 Transmissions is a potentially
life-threatening safety issue, and Ford has refused to recall or
replace the defective, says the suit.
As a result of their reliance on Ford's omissions and/or
misrepresentations, Plaintiffs, and other owners and/or lessees of
the Class Vehicles have suffered ascertainable loss of money,
property, and/or loss in value of their Class Vehicles, the suit
alleges.
Ford Motor Company is an American multinational automobile
manufacturer headquartered in Dearborn, Michigan.[BN]
The Plaintiffs are represented by:
Tyler Litke, Esq.
Mitchell Breit, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
405 E. 50th Street
New York, NY 10022
Telephone: (212) 946-9306
E-mail: tlitke@milberg.com
mbreit@milberg.com
- and -
Luis Munoz, Esq.
John R. Fabry, Esq.
THE CARLSON LAW FIRM, P.C.
1717 N. Interstate Highway 35, Suite 305
Round Rock, TX 78664
Telephone: (512) 671-7277
Facsimile: (512) 238-0275
E-mail: lmunoz@carlsonattorneys.com
JFabry@carlsonattorneys.com
- and -
Mark R. Miller, Esq.
WALLACE MILLER LLP
150 N. Wacker Dr., Suite 1100
Chicago, IL 60606
Telephone: (312) 589-6280
Facsimile: (312) 275-8174
E-mail: mrm@wallacemiller.com
FROM YOU FLOWERS: Abrego Sues Over False Discount Ads
-----------------------------------------------------
MARIA ABREGO, individually and on behalf of all others similarly
situated, Plaintiff v. FROM YOU FLOWERS, LLC, Defendant, Case No.
5:23-cv-02204-AB-KK (C.D. Cal., October 26, 2023) arises from the
Defendant's fake sales or discounts offered on its website and
asserts claims against the Defendant for breach of contract, breach
of express warranty, quasi-contract, negligent misrepresentation,
intentional misrepresentation, and for violations of California's
False Advertising Law, Consumer Legal Remedies Act, and Unfair
Competition Law.
Among other things, the Defendant allegedly made false or
misleading statements of fact concerning the existence of and
amounts of price reductions, including the existence of steep
discounts and the amounts of price reductions resulting from those
discounts.
Headquartered in Old Saybrook, CT, From You Flowers, LLC sells and
markets flower and fruit arrangement products online through the
From You Flowers website, www.fromyouflowers.com. [BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Simon Franzini, Esq.
Grace Bennett, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
simon@dovel.com
grace@dovel.com
G & A BAKING: Luna Sues Over Miscalculated Wages
------------------------------------------------
IVAN LUNA, individually and on behalf of all others similarly
situated, Plaintiff v. G & A BAKING COMPANY, LLC, a Michigan
limited liability company, Defendant, Case No.
2:23-cv-12718-JEL-KGA (E.D. Mich., October 26, 2023) seeks to
recover unpaid overtime compensation, liquidated damages,
attorney's fees, costs, and other relief as appropriate under the
Fair Labor Standards Act.
The Plaintiff was employed with Defendant from approximately July
2023 through September 6, 2023 as a non-exempt, hourly employee.
Allegedly, the Defendant failed to incorporate any shift
differentials into its hourly employees' regular hourly rate
calculation, resulting in prima facie violations of the FLSA.
Located at 26986 Trolley Industrial Drive, Taylor, MI, G & A Baking
Company is a Michigan limited liability company that produces
commercIal and artisan bread products for restaurant and food
service industry. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
INTERNAL HEALTH: Fails to Provide Proper Wages, Taylor Claims
-------------------------------------------------------------
LINDA TAYLOR, individually, and on behalf of herself and others
similarly situated, Plaintiff v. INTERNAL HEALTH AND MEDICAL
SERVICES, LLC, a Tennessee Limited Liability Company, Defendant,
Case No. 2:23-cv-02663 (W.D. Tenn., Oct. 20, 2023) is a collective
action for violations of the Fair Labor Standards Act brought
against the Defendant on behalf of Plaintiff, individually, and on
behalf of herself and other similarly situated who were employed by
Defendant during the three years preceding the filing of this
complaint.
The Plaintiff and potential Plaintiffs were employed by Defendant
as hourly-paid health care employees (nurse practitioners and
medical assistants). The Plaintiff asserts that Defendant has
refused to pay her any wages, both minimum wages and overtime, for
the work she performed during her employment.
Internal Health and Medical Services, LLC is a primary care
healthcare provider.[BN]
The Plaintiff is represented by:
J. Russ Bryant, Esq.
JACKSON SHIELDS YEISER HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: rbryant@jsyc.com
KYBENCO DISPOSALS: Fails to Pay Overtime Premiums, Goleman Claims
-----------------------------------------------------------------
Austin Goleman, individually and on behalf of all others similarly
situated, Plaintiff v. Kybenco Disposals, LLC, Defendant, Case No.
5:23-cv-00978-JD (W.D. Okla., October 26, 2023) arises from the
Defendant's labor practices that violated the Fair Labor Standards
Act and the Portal-to-Portal Act.
Plaintiff Goleman was employed by the Defendant as a saltwater
disposal operator on or about February 1, 2023 to October 20, 2023.
He was paid on a day rate basis and routinely worked in excess of
40 hours per workweek for Defendant. The Plaintiff’s weekly work
schedule typically encompassed about 48 to 60 hours per week.
However, Defendant did not pay Plaintiff time and one-half the
regular rate of pay for all hours worked over 40 during each and
every workweek, says the Plaintiff.
Located in Lindsay, OK, Kybenco Disposals is a limited liability
company engaged in oil and/or natural gas production. [BN]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
LAKELAND COMMUNITY: Golden Sues Over Alleged Privacy Breach
-----------------------------------------------------------
DESIREE GOLDEN, individually and on behalf of all others similarly
situated, Plaintiff v. LAKELAND COMMUNITY COLLEGE, Defendant, Case
No. 1:23-cv-02109-CEF (N.D. Ohio, October 26, 2023), arises from
the Defendant's failure to properly secure and safeguard the
personally identifiable information of former and current students,
employees, and applicants for admission or employment that was
stored on the Defendant's network. Plaintiff asserts claims against
the Defendant for negligence, breach of implied contract, and
unjust enrichment.
Based on Defendant's investigation, there was an unauthorized
access to its network that occurred between March 7, 2023 and March
31, 2023 and that PII was compromised in the Data Breach included
Plaintiff's and approximately 285,000 other individuals'
information.
Located at 7700 Clocktower Drive, Kirtland, OH, Lakeland Community
College provides more than 135 associate degree and technical
certificate programs. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
MAV BEAUTY: Nersisyan Sues Over Misleading Product Labeling
-----------------------------------------------------------
DAVIT NERSISYAN, individually and on behalf of all others similarly
situated, Plaintiff v. MAV BEAUTY BRANDS, INC., MARC ANTHONY
COSMETICS, INC. and RENPURE, LLC, Defendants, Case No.
2:23-cv-09035 (C.D. Cal., October 26, 2023) alleges claims against
the Defendants for breach of warranty, unjust enrichment, and for
violations of California's Unfair Competition Law, the False
Advertising Law, and the Consumers Legal Remedies Act in connection
with its false and misleading labels and packages of certain of its
Renpure brand hair care products.
The Defendants allegedly made "plant-based representations" of
their products' labels and misled reasonable consumers, including
Plaintiff, to incorrectly believe that the said products are only
composed of natural plants and water ingredients. However, contrary
to the labeling, the Products contain numerous ingredients that do
not come from plants or water, and instead, are artificial and/or
synthetic, says the suit.
Headquartered in Vaughan, Ontario, MAV Beauty Brands, Inc., MAV is
one of the owners, manufacturers, marketers, and/or distributors of
the Renpure brand hair care products. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Katherine A. Bruce, Esq.
Kelsey J. Elling, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
kelling@clarksonlawfirm.com
MAY WEST: Harold and Sutton Sue Over Unlawful Labor Practices
-------------------------------------------------------------
MARQUEL HAROLD and DALLAS SUTTON, on behalf of themselves and all
similarly situated employees, Plaintiffs v. MAY WEST and ALMOST
FAMOUS SALOON, LLC d/b/a FAMOUS NASHVILLE, Defendants, Case No.
3:23-cv-01133 (M.D. Tenn., October 26, 2023) seeks to recover
unpaid wages, liquidated damages, attorneys' fees, and costs under
the Fair Labor Standards Act of 1938 and to recover damages on
behalf of themselves and similarly situated current and former
employees under Tennessee common law.
Plaintiff Harold worked for Defendants at Famous Nashville from
approximately April 2021 until March 2023 in roles including head
of security and assistant general manager, while Plaintiff Sutton
worked from approximately February 2022 until January 2023 as a
bartender and server and as event staff. Allegedly, the Defendants
failed to satisfy the FLSA's requirements for utilizing the tip
credit to meet their minimum-wage and overtime obligations to their
tipped employees, such as Sutton. In addition, the Defendants also
required Plaintiff Sutton and other tipped employees to provide
their own uniforms and tools of the trade without reimbursement,
says the suit.
May West previously owned and operated Famous Nashville, a live
music venue, rooftop bar, and restaurant located at 110 2nd Ave. N,
Nashville, TN.
The Plaintiffs are represented by:
Charles P. Yezbak, III, Esq.
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq.
YEZBAK LAW OFFICES PLLC
P.O. Box 159033
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: yezbak@yezbaklaw.com
mel@yezbaklaw.com
teeples@yezbaklaw.com
MCLAREN HEALTH: Failed to Secure Private Health Info, Wells Says
----------------------------------------------------------------
Tamyra Wells, individually and on behalf of all others similarly
situated, Plaintiff v. McLaren Health Care Corporation, Defendant,
Case No. 2:23-cv-12650-JJCG-EAS (E.D. Mich., Oct. 20, 2023) is a
class action arising from the October 2023 ransomware attack and
data breach due to McLaren's failure to implement reasonable and
industry standard data security practices.
McLaren collected and maintained certain personally identifiable
information and/or protected health information of Plaintiff and
the putative Class Members who are (or were) patients at McLaren.
The Plaintiff brings this class action lawsuit on behalf of all
those similarly situated to address Defendant's inadequate
safeguarding of Class Members' private information that it
collected and maintained, and for failing to provide timely and
adequate notice to Plaintiff and other Class Members that their
information had been subject to the unauthorized access by an
unknown third party and precisely what specific type of information
was accessed. Through this complaint, Plaintiff seeks to remedy
these harms on behalf of herself and all similarly situated
individuals whose private information was accessed during the data
breach, says the suit.
McLaren Health Care Corporation is an integrated health care
delivery system.[BN]
The Plaintiff is represented by:
Nick Suciu, III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
- and -
James J. Pizzirusso, Esq.
Amanda V. Boltax, Esq.
HAUSFELD LLP
888 16th Street N.W. Suite 300
Washington, D.C. 20006
Telephone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
mboltax@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Suite 1400
New York, NY 10004
Telephone: (646) 357-1100
E-mail: snathan@hausfeld.com
MOUNT SINAI: Cooper et al. Sue Over Disclosure of Private Info
--------------------------------------------------------------
RONDA COOPER, CORAL FRASER, DAVID GITLIN and GILBERT MANDA, on
behalf of themselves and all others similarly situated, Plaintiffs
v. MOUNT SINAI HEALTH SYSTEM, INC., Defendant, Case No.
1:23-cv-09485 (S.D.N.Y., October 27, 2023) alleges claims against
the Defendant for invasion of privacy, breach of contract, breach
of fiduciary duty, unjust enrichment, breach of implied contract,
breach of confidence, bailment, and for violations of the New York
Deceptive Trade Practices Act, the Electronic Communications
Privacy Act, and the Computer Fraud and Abuse Act.
According to the complaint, Defendant Mount Sinai systematically
violates its patients' medical privacy rights, exposing their
highly sensitive information to third parties without their
knowledge or consent. Designed by Epic Software Systems, the
Defendant's patient portal, MyChart, has embedded custom analytics
scripts, such as Facebook Pixel and Google Analytics, which are all
for the transmission of personal identifiable information,
including medical and health-related information and communications
to third parties, the suit says.
Headquartered in New York, NY, Mount Sinai is a registered
non-profit entity and is one of the oldest and largest teaching
hospitals in the United States, with eight hospital campuses and
thirteen free-standing joint venture centers. [BN]
The Plaintiffs are represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
E-mail: jbilsborrow@weitzlux.com
- and -
Elena A. Belov, Esq.
David S. Almeida, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
E-mail: david@almeidalawgroup.com
elena@almeidalawgroup.com
NEXT NET MEDIA: Swartz Seeks Unpaid Minimum, Overtime Wages
-----------------------------------------------------------
JENNIFER SWARTZ, individually and on behalf of all persons
similarly situated, Plaintiff v. NEXT NET MEDIA, LLC, d/b/a The
Hoth; CLEARVIEW CAPITAL, LLC Defendants, Case No. 3:23-cv-21349
(D.N.J., Oct. 20, 2023) seeks all available relief under the Fair
Labor Standards Act and the Michigan Improved Workforce Opportunity
Wage Act arising from the Defendants' alleged unlawful labor
practices.
The complaint alleges that Defendants knowingly failed to
compensate Plaintiff and the FLSA Class with wages of at least the
federal minimum wage and with overtime premium pay for each hour of
overtime worked in excess of 40 hours per week.
The Plaintiff was employed by Defendants as a content creator from
approximately April 2019 through approximately September 2023 and
during this time period worked remotely for Defendants from her
residence in Michigan.
Next Net Media, LLC owns the online content creation and marketing
brand property, "The Hoth."[BN]
The Plaintiff is represented by:
James E. Goodley, Esq.
Ryan P. McCarthy, Esq.
GOODLEY MCCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 394-0541
E-mail: james@gmlaborlaw.com
ryan@gmlaborlaw.com
NIRC INC: Faces Jaycox Suit Over Unlawful Labor Practices
---------------------------------------------------------
CARRIE JAYCOX, individually, and on behalf of others similarly
situated, Plaintiff v. NIRC, INC. and, RUSSELL FADEN, Defendants,
Case No. 1:23-cv-01310-FJS-DJS (N.D.N.Y., October 26, 2023) seeks
recovery of unpaid wages, overtime and straight time wages, unpaid
"spread of hours" premium compensation, liquidated damages, pre-
and post-judgment interest, and attorneys' fees and costs under
Fair Labor Standards Act and the New York Labor Law.
The Plaintiff worked for Defendants as an hourly-paid sandwich
artist/maker and manager from approximately August 26, 2022,
through approximately February 18, 2023. Among other things, she
was subjected to the Defendants' company-wide policy of
automatically deducting 30 minutes of pay for meal breaks
irrespective of whether their workers worked through their shifts
and did not receive uninterrupted bona fide meal breaks, says the
Plaintiff.
With principal address at 29 Liz Ann Drive, Saratoga Springs, NY,
NIRC Inc. operates Subway restaurants in New York. [BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Edmund C. Celiesius, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) 582-5297
E-mail: jtb@jtblawgroup.com
ed.celiesius@jtblawgroup.com
NUANCE COMMUNICATIONS: Lacks Personal Data Security, Farrar Says
----------------------------------------------------------------
KAYLA FARRAR, individually and on behalf of all others similarly
situated, Plaintiff v. NUANCE COMMUNICATIONS, INC., Defendant, Case
No. 1:23-cv-12561 (D. Mass., October 27, 2023) arises from the
Defendant's inadequate data security, which caused the personal
information of Plaintiff and those similarly situated to be
exfiltrated by unauthorized access by cybercriminals between May 28
and May 29, 2023.
After the Data Breach, the Defendant failed to provide timely
notice to the affected Plaintiff and Class Members--thereby
exacerbating their injuries. Ultimately, the Defendant deprived
Plaintiff and Class Members of the chance to take speedy measures
to protect themselves and mitigate harm. In addition, the
Defendant's Breach Notice letter, as well as its website notice,
both omit the size and scope of the breach, says the suit.
The Plaintiff alleges claims against the Defendant for negligence,
negligence per se, and unjust enrichment.
Headquartered in Burlington, MA, Nuance is an American
multinational computer software technology corporation owned by
Microsoft that develops and markets speech recognition and
artificial intelligence software. [BN]
The Plaintiff is represented by:
Garret D. Lee, Esq.
MORGAN & MORGAN
155 Federal Street, Suite 1502
Boston, MA 02110
Telephone: (857) 383-4906
Facsimile: (813) 223-5402
E-mail: glee@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: JYanchunis@forthepeople.com
Ramen@forthepeople.com
OTSUKA AMERICA: Fails to Pay Overtime Premiums, Caston Suit Claims
------------------------------------------------------------------
ASHLEY CASTON, individually and on behalf all others similarly
situated, Plaintiff v. OTSUKA AMERICA PHARMACEUTICAL, INC.,
Defendant, Case No. CACE-23-020381 (Fla. Cir., 17th Judicial,
Broward Cty., October 27, 2023) arises from the Defendant's failure
to properly compensate its sales representatives while they are
engaged in training and product certification onboarding in
violation of the Fair Labor Standards Act.
Pursuant to corporate policy, the Defendant classified its sales
representatives as exempt from the overtime pay requirements of the
FLSA, including while they are engaged in training. As a result,
the Defendant's failed to pay its sales representatives overtime
premium compensation for hours worked over 40 in a single workweek,
says the suit.
Otsuka is a healthcare company that creates products to treat
medical conditions.
According to its website, Otsuka's product specialties include
neuroscience, digital innovation, nephrology, oncology, and medical
devices. [BN]
The Plaintiff is represented by:
Gregg I. Shavitz, Esq.
Paolo C. Meireles, Esq.
Tamra C. Givens, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
PEPSICO INC: Website Inaccessible to Blind Users, Martinez Says
---------------------------------------------------------------
PEDRO MARTINEZ, on behalf of himself and all other persons
similarly situated, Plaintiff v. PEPSICO, INC., Defendant, Case No.
530496/2023 (N.Y. Sup., Kings Cty., Oct. 20, 2023) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its website, snacks.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of the New York
State Human Rights Law, the New York State Civil Rights Law, and
the New York City Human Rights Law.
The Plaintiff browsed and intended to make an online purchase of
the Megan X Cheetos Flamin' Hot Crunchy Cheese Flavored Snacks and
the Variety Pack on snacks.com. However, unless Defendant remedies
the numerous access barriers on its website, Plaintiff will
continue to be unable to independently navigate, browse, use, and
complete a transaction on snacks.com. By failing to make the
website accessible to blind persons, Defendant is violating basic
equal access requirements under both state and city law, says the
suit.
PepsiCo, Inc. is an American multinational food, snack, and
beverage corporation headquartered in Harrison, New York.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
PHILADELPHIA FIREFIGHTERS: Misled Firefighters on Pension Benefits
------------------------------------------------------------------
JOSEPH FARRELL and PATRICK VIOLA, Plaintiffs v. PHILADELPHIA
FIREFIGHTERS' AND PARAMEDICS' UNION, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 22 and CITY OF PHILADELPHIA, Defendants, Case
No. 231002999 (Ct. Com. Pl., Philadelphia Cty., October 27, 2023)
is a class action seeking to address the Union's concealment of
increased pension benefits available to firefighters and paramedics
employed by the City of Philadelphia.
The Plaintiffs and proposed class members were unable to discover
these increased pension benefits and the Union's concealment of
them until at least November of 2021.
For decades, the Union and its officials have urged rank-and-file
members to not sell back unused vacation time. In addition, the
Union's officials claimed that selling back vacation time could
cause the City to seek the elimination or curtailment of that
benefit. Moreover, the Defendants' actions concealed the increased
pension benefits of vacation sellbacks and caused Plaintiffs and
proposed class members not to maximize their unused vacation
sellbacks until their retirement or DROP enrollment, says the
suit.
Local 22 is a labor organization with a principal place of business
at 415 North 5th Street, Philadelphia, PA 19123-4095. [BN]
The Plaintiffs are represented by:
Logan M. Hetherington, Esq.
THE FAIRNESS CENTER
500 North Third Street, Suite 600B
Harrisburg, PA 17101
Telephone: (844) 293-1001
E-mail: lmhetherington@fairnesscenter.org
PRESIDENTIAL STAFFING: Misclassifies Nurses, Olabinjo Says
----------------------------------------------------------
BOLAJI OLABINJO, individually and on behalf of all others similarly
situated, Plaintiff V. PRESIDENTIAL STAFFING SOLUTIONS, LLC,
Defendant, Case No. 5:23-cv-01335 (W.D. Tex., Oct. 20, 2023) arises
from the Defendant's violation of the Fair Labor Standards Act by
failing to pay Plaintiff and other non-exempt employees for all
hours in excess of 40 in a workweek at one and one-half times their
regular rate.
According to the complaint, the Defendant required Plaintiff
Olabinjo to work more than 40 hours in a work week as a nurse. The
Defendant misclassified Plaintiff as an independent contractor and
paid her the same hourly rate for her regular and overtime hours.
The Defendant also misclassified other nurses and healthcare
workers as independent contractors and likewise denied them their
proper overtime compensation, says the suit.
The Plaintiff worked for Defendant as a registered nurse from April
of 2021 to September of 2023.
Presidential Staffing Solutions, LLC is a staffing company that
primarily sources health care workers to various hospitals and
medical centers.[BN]
The Plaintiff is represented by:
Beatriz-Sosa Morris, Esq.
SOSA-MORRIS NEUMAN, PLLC
5612 Chaucer Drive
Houston, TX 77005
Telephone: (281) 885-8844
Facsimile: (281) 885-8813
E-mail: BSosaMorris@smnlawfirm.com
RIVERBAY CORP: Gregory et al. Sue Over Labor Law Violations
-----------------------------------------------------------
MILTON GREGORY, ANGEL RIVERA, CARL WRIGHT, and JOEL LUGO, on behalf
of themselves and others similarly situated, Plaintiffs v. RIVERBAY
CORP., and RESIDENTIAL MANAGEMENT GROUP LLC d/b/a DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, Defendants, Case No. 1:23-cv-09481 (S.D.N.Y.,
October 27, 2023) seeks to recover unpaid wages, unpaid overtime
compensation, and liquidated damages under the Fair Labor Standards
Act and New York Labor Law.
One of the Plaintiffs, Milton Gregory, has been employed by
Defendants as a Sergeant (officer) from January 2012 through the
present. Allegedly, the Defendants have implemented systemic policy
of intentionally misclassifying officers, including Plaintiffs, as
exempt and unlawfully denying them any and all overtime wages and
even failing to pay them for all hours worked. As a result,
Plaintiffs are never paid at one and one-half times their regular
rates of pay for any hours worked over 40 in a workweek, says the
suit.
Headquartered in New York, Riverbay is a privately held company
that currently manages 15,372 residential units in 35 high-rise
buildings and seven townhouse clusters consisting of garden and
duplex apartments. The company manages the Co-op City, which is the
largest residential housing development in the United States and
located in the Baychester section of the borough of the Bronx in
northeast New York City. [BN]
The Plaintiffs are represented by:
Innessa M. Huot, Esq.
Shawn R. Clark, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: ihuot@faruqilaw.com
sclark@faruqilaw.com
ROSS STORES: Lyle Sues Over Failure to Pay Proper Overtime
----------------------------------------------------------
JACQUELINE LYLE, individually, and on behalf of herself and other
similarly situated current and former employees, Plaintiff v. ROSS
STORES, INC., Defendant, Case No. 3:23-cv-01114 (M.D. Tenn., Oct.
23, 2023) is brought against the Defendant as a multi-plaintiff
action under the Fair Labor Standards Act to recover unpaid
overtime compensation and other damages owed to Plaintiff and
potential plaintiffs.
Plaintiff Lyle was employed by Defendant as a full-time hourly-paid
employee. She asserts that Defendant had a common practice of
failing to pay her and potential plaintiffs for all hours worked
over 40 per week within weekly pay periods at one and one-half
times their regular hourly rates of pay.
Ross Stores, Inc. owns, operates and manages numerous Ross Dress
for Less stores in Tennessee and 40 other states in the U.S.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
James L. Holt, Jr., Esq.
J. Joseph Leatherwood, IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jholt@jsyc.com
jleatherwood@jsyc.com
STUDY.COM LLC: Discloses Personal Info to Facebook, Lacasse Says
----------------------------------------------------------------
JENNIFER LACASSE, individually and on behalf of all others
similarly situated, Plaintiff v. STUDY.COM, LLC, Defendant, Case
No. 1:23-cv-24026 (S.D. Fla., Oct. 23, 2023) is a class action
under the Video Privacy Protection Act arising from Defendant's
practice of knowingly disclosing to Meta Platforms, Inc. or
Facebook information which identifies Plaintiff and the putative
Class Members as having requested or obtained specific video
materials or services from Defendant.
According to the complaint, the Defendant embedded within its
website a "Meta Pixel" that was provided to Defendant by Facebook.
That pixel tracked Plaintiff's and the Class Members' video viewing
history while on Defendant's website and reported the viewing
history to Facebook along with Plaintiff's and the Class Members'
unique Facebook Identification numbers.
The Defendant's unlawful conduct caused Plaintiff and the Class
Members concrete harm and injuries, including violations of their
substantive legal privacy rights under the VPPA and invasion of
their privacy, says the suit.
Plaintiff Lacasse has been a Facebook subscriber during the
relevant time period. Additionally, Plaintiff has used a digital
subscription to view video content on Defendant's website while
logged into the Facebook account.
Study.com, LLC offers an online education platform.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Telephone: (305) 336-7466
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW. P.A.
515 E las Olas Blvd., Ste 120
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
SUNPOWER CORP: Craven Sues Over Securities Law Breaches
-------------------------------------------------------
JACOB W. CRAVEN, individually and on behalf of all others similarly
situated, Plaintiff v. SUNPOWER CORPORATION, PETER FARICY, GUTHRIE
DUNDAS, and ELIZABETH EBY, Defendants, Case No. 3:23-cv-05544 (N.D.
Cal., October 27, 2023) alleges violations of the Securities
Exchange Act of 1934 and Ruleb-5 promulgated by the Securities and
Exchange Commission.
The Plaintiff brings claims against the Defendants for such
violations on behalf of the class of persons and entities that
purchased or otherwise acquired the securities of SunPower
Corporation between March 9, 2023 and October 24, 2023. Allegedly,
the Defendants misled investors by failing to disclose that, among
other things, due to a material weakness in its internal control
over financial reporting, the company had inaccurately reported
cost of revenue and inventory metrics and it was reasonably likely
to incur significant charges to restate prior reporting. Moreover,
the Defendants' positive statements about the company's business,
operations, and prospects were materially misleading and/or lacked
a reasonable basis, says the suit.
Headquartered in Richmond, CA, SunPower provides solar technology
and energy services. Its common stock trades on the NASDAQ under
the symbol "SPWR." [BN]
The Plaintiff is represented by:
Jacob A. Walker, Esq.
BLOCK & LEVITON LLP
400 Concar Drive
San Mateo, CA 94402
Telephone: (650) 781-0025
E-mail: jake@blockleviton.com
UNIVERSAL CITY: Faces Parker Suit Over Misleading Film Ad
---------------------------------------------------------
JOHN PARKER, individually and on behalf of all others similarly
situated, Plaintiff v. UNIVERSAL CITY STUDIOS LLC, Defendant, Case
No. 23SF-CC00205 (Mo. Cir., St. Francois Cty., Oct. 23, 2023) is a
class action against the Defendant for fraud, unjust enrichment,
and violation of the Missouri Merchandising Practices Act arising
from its misleading advertising and marketing of the film
"Yesterday."
According to the complaint, Plaintiff paid to view the film
expecting it would include Cuban-born actress Ana de Armas and the
scene in the Beatles' 1969 album Abbey Road and hit song,
"Something," but neither appeared in the film. The Defendant
misrepresented that De Armas and the "Something" scene were in the
movie for the express purpose of inducing Plaintiff and class
members to pay to view the film, and/or pay a substantial price
premium, in part based on the public familiarity with the actress,
says the suit.
As a result of Defendant's misrepresentations and omissions,
Plaintiff and class members suffered damages in the amount paid to
watch film and/or the price premium they paid based on the presence
of De Armas and the "Something" scene, the suit alleges.
Universal City Studios LLC operates as an entertainment company.
The Company produces and distributes motion pictures and television
programs, as well as movies, shows, theme parks, mini-series, and
other related services.[BN]
The Plaintiff is represented by:
Daniel F. Harvath, Esq.
HARVATH LAW GROUP, LLC
75 W Lockwood Ave Ste 1
Webster Groves, MO 63119
Telephone: (314) 550-3717
E-mail: dharvath@harvathlawgroup.com
VIA RENEWABLES: Continues to Defend Gilkin Class Suit
-----------------------------------------------------
Via Renewables Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on November 2, 2023, that the
Company continues to defend itself from the Gilkin variable rate
class suit in the United States District Court, Southern District
of New York.
On January 14, 2021, Glikin, et al. v. Major Energy Electric
Services, LLC, a purported variable rate class action was filed in
the United States District Court, Southern District of New York,
attempting to represent a class of all Major Energy customers
(including customers of companies Major Energy acts as a successor
to) in the United States charged a variable rate for electricity or
gas by Major Energy during the applicable statute of limitations
period up to and including the date of judgment.
The Company is vigorously defending this matter; however, given the
current early stage of this matter, the Company cannot predict the
outcome of this case at this time.
Via Renewables Inc. is an independent retail energy services
company. The Company provides residential and commercial customers
in competitive markets across the United States with an
alternative
choice for their natural gas and electricity.
VIBRANT HORIZONS: Granison Sues Over Unpaid Wages, Retaliation
--------------------------------------------------------------
ALEXANDER GRANISON, and others similarly situated, Plaintiff v.
VIBRANT HORIZONS, LLC d/b/a POMPANO YOUTH TREATMENT CENTER,
Defendant, Case No. CACE-23-020076 (Fla. Cir., 17th Judicial,
Broward Cty., Oct. 23, 2023) is an action for declaratory and
injunctive relief and damages for Defendant's unlawful, retaliatory
discharge of Plaintiff in violation of Fair Labor Standards Act and
under Florida's Wage Payment Law to recover unpaid minimum wage
and/or overtime compensation.
The Plaintiff performed work for Defendant from November 1, 2019
through September 18, 2020 as a youth care worker. He earned $17
per hour and regularly worked overtime between 56 and 64 hours a
week without overtime compensation. The Plaintiff was allegedly
fired for complaints of wages.
Vibrant Horizons, LLC, d/b/a Pompano Youth Treatment Center, is a
mental health service provider in Pompano Beach, Florida.[BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
REMER, GEORGES-PIERRE, & HOOGERWOERD, PLLC
2745 Ponce De Leon Blvd
Coral Gables, FL 33134
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: JRemer@rgph.law
VITAL FARMS INC: Continues to Defend Usler Class Suit
-----------------------------------------------------
Vital Farms Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on November 2, 2023, that the
Company continues to defend itself from the Usler class suit in the
United States District Court for the Western District of Texas.
On May 20, 2021, the Company and certain of its current and former
officers were named as defendants in a class action complaint
captioned Nicholas A. Usler et al. v. Vital Farms, Inc. et al. in
the United States District Court for the Western District of Texas.
The plaintiffs alleged false advertising claims on behalf of
themselves and a putative class of alleged consumers of the
Company's eggs.
The named officers of the Company were subsequently dismissed as
defendants in this matter.
In September 2023, the parties engaged in mediation to discuss
potential settlement of remaining claims, but no agreement was
reached and the lawsuit is ongoing.
The Company believes the claims are without merit and is vigorously
defending itself in this matter.
Vital Farms, Inc. packages, markets and distributes shell eggs,
butter and other products. These products are sold under the trade
names "Vital Farms," "RedHill Farms" and "Backyard Eggs,"
primarily
to retail and foodservice channels in the United States.
VOYA FINANCIAL: Continues to Defend Ravarino Class Suit
-------------------------------------------------------
Voya Financial, Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on November 2, 2023, that the
Company continues to defend itself from the Ravarino class suit in
the USDC District of Connecticut.
Litigation also includes Ravarino, et al. v. Voya Financial, Inc.,
et al. (USDC District of Connecticut, No. 3:21-cv-01658)(filed
December 14, 2021). In this putative class action, the plaintiffs
allege that the named defendants breached their fiduciary duties of
prudence and loyalty in the administration of the Voya 401(k)
Savings Plan.
The plaintiffs claim that the named defendants did not exercise
proper prudence in their management of allegedly poorly performing
investment options, including proprietary funds, and passed
excessive investment-management and other administrative fees for
proprietary and non-proprietary funds onto plan participants.
The plaintiffs also allege that the defendants engaged in
self-dealing through the inclusion of the Voya Stable Value Option
into the plan offerings and by setting the "crediting rate" for
participants' investment in the Stable Value Fund artificially low
in relation to Voya's general account investment returns in order
to maximize the spread and Voya’s profits at the participants'
expense.
The complaint seeks disgorgement of unjust profits as well as costs
incurred.
On June 13, 2023, the Court issued a ruling granting in part and
denying in part Voya's motion to dismiss.
The court largely dismissed the claims for breach of fiduciary
duty.
The remaining claims concern allegations of breaches of the ERISA
prohibited transactions rule and a claim for failure to monitor the
Voya Small Cap Growth fund.
The Company continues to deny the allegations, which it believes
are without merit, and intends to defend the case vigorously.
Voya Financial, Inc. and its subsidiaries is a financial services
organization that offers a broad range of retirement services,
investment management services, mutual funds, group insurance and
supplemental health products.
ZOA ENERGY: Gershzon Sues Over Energy Drinks' False Labels
----------------------------------------------------------
MIKHAIL GERSHZON, on behalf of himself and all others similarly
situated, Plaintiff v. ZOA ENERGY, LLC, Defendant, Case No.
3:23-cv-05444-LB (N.D. Cal., Oct. 23, 2023) is a proposed class
action on behalf of the Plaintiff and a California and nationwide
class of consumers seeking redress for Defendant's deceptive
practices associated with the advertising, labeling, and sale of
ZOA Energy drinks pursuant to California's Business and Professions
Code and California Civil Code.
According to the complaint, ZOA fully embraced the concept of
"clean label," promising products with a "cleaner energy formula"
free from "preservatives," "artificial flavors," and "synthetic
colors." Unfortunately, ZOA's claim that its products contain "0
Preservatives" is false, as each contains a significant amount of
the preservative citric acid, says the suit.
Throughout the applicable class periods, Defendant has falsely
represented the true nature of its products and as a result of this
false and misleading labeling, was able to sell these Products to
hundreds of thousands of unsuspecting consumers throughout
California and the United States, the suit asserts.
ZOA Energy, LLC manufactures and commercializes energy drinks.[BN]
The Plaintiff is represented by:
Michael D. Braun, Esq.
KUZYK LAW, LLP
2121 Avenue of the Stars, Ste. 800
Los Angeles, CA 90067
Telephone: (213) 401-4100
Facsimile: (213) 401-0311
E-mail: mdb@kuzykclassactions.com
- and -
Peter N. Wasylyk, Esq.
LAW OFFICES OF PETER N. WASYLYK
1307 Chalkstone Avenue
Providence, RI 02908
Telephone: (401) 831-7730
Facsimile: (401) 861-6064
E-mail: pnwlaw@aol.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. 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 ***