/raid1/www/Hosts/bankrupt/CAR_Public/240109.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, January 9, 2024, Vol. 26, No. 7
Headlines
23ANDME HOLDING: Faces Bacus Class Suit Over Data Breach
23ANDME INC: Hu Sues Over Inadequate Data Security Measures
ADEX MEDICAL: Cutchon Sues Over Illegal Practices of Trapping
AKUMIN CORP: Baker Files Suit in S.D. Florida
ALASKA AIRLINES: Dolan Sues Over Breached Duties
ALEXANDRA URGUBY: Velazquez Files TCPA Suit in S.D. California
AMERICOLD LOGISTICS: Sheffler Files Suit in M.D. Florida
ASSOCIATED HOME CARE: Aubin Files Suit in Mass. Super. Ct.
BAYSIDE MARIN INC: Mejia Files Suit in Cal. Super. Ct.
BLOCK INC: Mora Sues Over Unfair Cash App Terms of Service
CANADA: Faces Class Suit Over Discrimination of Indigenous People
CBDMD INC: C.D. Cal. Stays Consumer Litigation Suit
CIGNA GROUP: Snyder Files Suit in D. Connecticut
CITRIX SYSTEMS: Hammond Files Suit in S.D. Florida
CLEMENTINE BAKERY: Martinez Files ADA Suit in E.D. New York
COLLINS FOODS: KFC Employees File Suit Over Unpaid Wages
COMCAST CABLE: Keung Files Suit in E.D. Pennsylvania
CYTODYN INC: Court OK's Payment of Attorney Fees in Schielke
DOLLAR TREE: Garland Sues Over Failure to Safeguard PII
ECOVIBE APPAREL: Mercedes Files ADA Suit in S.D. New York
ELI LILLY: City of Roanoke Joins Class Suit Over Insulin Prices
ESCAPOLOGY LLC: Crumwell Files ADA Suit in S.D. New York
ESSENCE INFORMATION: Court Settles China's Securities Industry Suit
GPB CAPITAL: Gentile Appeals Ruling in SEC Suit to 2nd Cir.
GUILFORD PUBLICATIONS: Mercedes Files ADA Suit in S.D. New York
HARRIMAN ARMY & NAVY: Suarez Files ADA Suit in S.D. New York
HEWLETT PACKARD: Settlement in Securities Suit Gets Final Nod
HILCORP ENERGY: AB's Seafood Suit Removed to E.D. Louisiana
HUB GROUP TRUCKING: Hague Sues Over Unpaid Wages
INLAND FRESH: Court Dismisses ESOP Class Action Suit
INSPIRE MEDICAL: Misleads Investors, Class Action Suit Says
JOHNSON & JOHNSON: Lawrence Suit Transferred to E.D. New York
JOHNSON & JOHNSON: Nelson Fraud Suit Transferred to E.D.N.Y.
JOHNSON & JOHNSON: Ward Suit Transferred to E.D. New York
L3HARRIS TECHNOLOGIES: Agrees to Settle 401(k) Plan Suit for $13.5B
LATTCO SERVICES: Molina Files Suit in Cal. Super. Ct.
LEGOLAND NEW YORK: Demmerle Files Suit in E.D. New York
LIVE VENTURES: Faces Sieggreen Securities Suit in Nevada Court
LOOK BRANDS: DeSimone Sues Over Unlawful Convenience Fee
MACS DESIGNS: Karim Files ADA Suit in S.D. New York
MAIDEN HOLDINGS: Wins Summary Judgment Bid vs Wigglesworth
MCDONALD'S CORP: Meyers Files False Ad Case Over Breakfast Meal
MERCURY AIR CARGO: Saucedo Alleges California Labor Code Violations
MID AMERICA PET FOOD: Filardi Sues Over Deceptive Marketing
MY TRUE IMAGE: Gonzalez Files ADA Suit in S.D. New York
NATIONAL ASSOCIATION: Umpa Sues Over Federal Antitrust Law Breaches
NATIONSTAR MORTGAGE: Garrigo Files Suit in N.D. Texas
NEW YORK, NY: 1600 Nelson Sues Over Unlawfully Taken Property
NORTHWEST OUTLET: Wahab Files ADA Suit in S.D. New York
ONCE UPON A BOOK: Wahab Files ADA Suit in S.D. New York
ORBALLO STUDIO: Murillo Sues Over Unpaid Overtime Wages
OSCAR INS: Bhasin Files Suit in Fla. Cir. Ct.
POLISH ON PEARL: Lee Sues Over Nail Technicians' Unpaid Wages
PRIME STRUCTURE: Hernandez Sues Over Unpaid Overtime Compensation
QUAKER OATS: Herendeen Sues Over Unsafe Granola Products
RB HEALTH: Page Product Liability Suit Transferred to E.D.N.Y.
REVCORE RECOVERY: Norfleet Files Suit in S.D. Florida
RIPPLE LABS: Kraken Bids to Intervene XRP Securities Class Suit
ROBLOX CORPORATION: DCPF Suit Transferred to N.D. Cal.
ROCKLAND CHIC BOUTIQUE: Gonzalez Files ADA Suit in S.D. New York
RUBY AND JENNA: Karim Files ADA Suit in S.D. New York
RXC ACQUISITION: Hernandez Suit Transferred to W.D. Pennsylvania
SARATOGA COUNTY, NY: Steele Files Suit in N.D. New York
SARATOGA COUNTY, NY: Sued Over Unconstitutional Foreclosure Law
SHOE PALACE: Kim Sues Over Website's Inaccessibility
SHOPIFY INC: 9th Circuit Affirms Dismissal of Data Privacy Suit
SIX FLAGS: Faces Class Action Suit Over ADA Violations
SIX FLAGS: I.L. Files ADA Suit in E.D. California
SOBER COMPANIONS: Krichmar Files Suit in Fla. Cir. Ct.
SOCK DRAWER INC: Karim Files ADA Suit in S.D. New York
SOUTHWEST AIRLINES: Faces Medical History Requirement Class Suit
STATE FARM: 5th Circuit Court Decertify Louisiana Driver Class Suit
STUHRLING ORIGINAL: Suarez Files ADA Suit in S.D. New York
SUGARED + BRONZED: Cohen Files Suit in Cal. Super. Ct.
TAYLOR COUNTY SCHOOL BOARD: Bellamy Files Suit in N.D. Florida
TUG HILL: Luna Suit Seeks to Recover Unpaid Overtime Wages
WANABANA LLC: Bell Files Suit in S.D. Florida
WM MIDDLE TENNESSEE: Martin Sues Over Unpaid Wages, Retaliation
ZEROED-IN TECHNOLOGIES: Neeley Files Suit in M.D. Florida
*********
23ANDME HOLDING: Faces Bacus Class Suit Over Data Breach
--------------------------------------------------------
Cook County Record reports that a class action lawsuit filed in
Chicago has become one of the latest local class actions amid many
cases nationwide accusing genetic screening company 23&Me of not
doing enough to protect customer data amid a data breach.
The company disclosed the breach to customers in October, according
to the lawsuit filed in Cook County Circuit Court.
"Hackers accessed profile information from its customers'
accounts—including information on their DNA ancestry and
relatives derived from
genetic testing and other personal identifying information," the
lawsuit states.
The company suspects the hackers used a technique called
"credential stuffing," the suit said. That involves "trying
combinations of usernames or emails and corresponding passwords
that are already public from other data breaches to break into
users' accounts on a large scale and then harvesting data from
those accounts," according to the suit.
Credential stuffing is a well-known tactic used by hackers, the
lawsuit states.
"Thus, 23andMe had actual and/or constructive notice of the need to
implement measures to protect against this type of attack," the
suit says. "There are multiple, widely available processes and
tools available to combat credential stuffing, and they are
commonly known and widely employed in the cybersecurity industry.
But 23andMe failed to implement adequate safeguards."
The lawsuit seeks damages and attorney fees.
The plaintiffs are represented in this case by attorneys Hassan A.
Zavareei, Glenn E. Chappell, David W. Lawler and Leora N. Friedman,
of Tycko & Zavareei LLP. [GN]
23ANDME INC: Hu Sues Over Inadequate Data Security Measures
-----------------------------------------------------------
Alyson Hu, individually and on behalf of all others similarly
situated v. 23ANDME, INC., Case No. 1:23-cv-17079 (N.D. Ill., Dec.
26, 2023), is brought for negligence and for violations of the
Illinois Genetic Information Privacy Act ("GIPA") as a result of
the Defendant's failure to implement adequate data security
measures with regard to the Plaintiff's sensitive personally
identifying information ("PII").
23andMe uses direct-to-consumer genetic testing to create unique,
personalized genetic reports on genetic ancestral origins, personal
genetic health risks, chances of passing on carrier conditions, and
pharmacogenetics. As a provider of genetic testing, 23andMe
understood it had the duty and responsibility to protect patients'
information that it collected, stored, and maintained, expressly
advertising to potential customers that "at 23andMe, Privacy is in
our DNA." Defendant failed to meet its duty and, as a direct
result, the sensitive customer information with which it was
entrusted was released, stolen, and offered for sale on the dark
web.
On October 6, 2023, in a blog post on its website, Defendant
announced that unauthorized threat actors had accessed 23andMe.com
accounts without authorization and compiled exfiltrated customers'
information, including information derived from genetic testing
(the "Data Breach"). The sensitive personally identifying
information ("PII") released to the threat actors included millions
of individuals' information derived from genetic testing, and
including, inter alia, records identifying names, usernames,
regional locations, profile photos, birth years, and data about
individuals' ethnicities.
In order to obtain Defendant's services, individuals must entrust
23andMe with sensitive, private information. Defendant requires
this information in order to perform its regular business
activities. Additionally, the reports generated by Defendant
contain sensitive, private information derived from genetic
testing. Since the Data Breach occurred, several news sources have
reported that threat actors listed mass amounts of the stolen data
for sale on the dark web. The Defendant has failed to address these
reports, failed to inform victims when and how the Data Breach
occurred, and has even failed to say whether the security threat is
still a risk to its customers.
As a result of Defendant's failure to implement adequate data
security measures, Plaintiff and Class Members have suffered actual
harm in the form of misuse of their PII and are subject to
increased risk of harm due to the exposure and publishing of their
PII on the dark web, including the certainly impending and
increased risk of identity theft, says the complaint.
The Plaintiff is a customer of 23andMe who received a notice from
Defendant, informing her that her PII provided to Defendant had
been compromised in the Data breach.
23andMe is a popular personal genomics and biotechnology
company.[BN]
The Plaintiff is represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER, LLP
111 W. Washington St., Suite 1240
Chicago IL 60602
Phone: 312.750.1265
Email: katrina@lcllp.com
- and -
Jonathan M. Jagher, Esq.
FREED KANNER LONDON & MILLEN LLC
923 Fayette Street
Conshohocken, PA 19428
Phone: 610.234.6486
Email: jjagher@fklmlaw.com
- and -
Michael E. Moskovitz, Esq.
Nia-Imara Barberousse Binns
FREED KANNER LONDON & MILLEN LLC
100 Tri-State International, Suite 128
Lincolnshire, IL 60069
Phone: 224.632.4506
Email: mmoskovitz@fklmlaw.com
ADEX MEDICAL: Cutchon Sues Over Illegal Practices of Trapping
-------------------------------------------------------------
Alfredo Cutchon, Zoneth Coralde, and Garner Pajunar, individually
and on behalf of all others similarly situated v. ADEX MEDICAL
STAFFING, LLC, Case No. 1:23-cv-11165 (S.D.N.Y., Dec. 22, 2023), is
brought under the Fair Labor Standards Act ("FLSA") seeking to end
Defendant's illegal practices of trapping immigrant nurses in
relatively low-paying jobs and to compensate victims through two
categories of claims.
Adex's business model involves trapping immigrant nurses in
relatively low-paying jobs when compared with what U.S. nurses are
earning. Further, Adex prohibits nurses from leaving their
employment for years unless they pay tens of thousands of dollars
in penalties, which it calls "termination fees" and "remainder
fees." Adex follows through on its threats to require these
payments from nurses by initiating legal action, including
arbitration proceedings, against those who dare to leave. The
Defendant profits from this scheme of placing immigrant nurses into
positions that the nurses cannot freely leave. The Plaintiffs all
wish to leave their jobs at Adex, for financial and personal
reasons, but fear financial and legal ruin if they do so.
The Defendant's threat of extraordinary financial penalties, and
its requirement that these penalties be enforced through
arbitration proceedings that could themselves result in further
penalties (through the requirement that the losing party in
arbitration pay arbitration costs and attorneys' fees), violates
the Trafficking Victims Protection Act ("TVPA"), 18 U.S.C. § 1589,
and contravenes the spirit of a competitive labor market, to the
detriment of Defendant's workers and their competitors who play by
the rules. These penalties are grossly disproportionate to any
actual expenses that Defendants incurred solely for the employees'
benefit. Rather, Defendant uses the money to pad its own profits.
The Defendant threatens workers through the financial burden of
arbitration, including seeking repayment of the costs of
arbitration and Defendant's attorneys' fees, if workers leave their
jobs before their contract periods are up without paying Defendant
the penalty for leaving, or if they attempt to bring suit to
enforce their rights. In other words, Defendant attempts to place
the burden of doing business squarely on the backs of the nurses
they profit from, in violation of the FLSA, says the complaint.
The Plaintiffs are immigrant nurses originally from the Philippines
who came to the United States on visas sponsored by Adex.
Adex Medical Staffing, LLC is a labor recruiter that recruits,
hires, and places foreign nurses and other healthcare workers to
work in healthcare facilities in the United States.[BN]
The Plaintiffs are represented by:
Hugh Baran, Esq.
Patricia Kakalec, Esq.
KAKALEC LAW PLLC
80 Broad Street, Suite 703
New York, NY 10004
Phone: (212) 705-8730
Email: Hugh@KakalecLaw.com
Patricia@KakalecLaw.com
- and -
Juno Turner, Esq.
TOWARDS JUSTICE
P.O. Box 371689, PMB 44465
Denver, CO 80237-5680
Phone: (720) 441-2236
Email: juno@towardsjustice.org
AKUMIN CORP: Baker Files Suit in S.D. Florida
---------------------------------------------
A class action lawsuit has been filed against Akumin Corp. The case
is styled as Fred Baker, on behalf of himself and all others
similarly situated v. Akumin Corp., Case No. 0:23-cv-62396-RLR
(S.D.N.Y., Dec. 22, 2023).
The nature of suit is stated as Other Contract.
Akumin Corp. -- http://www.akumin.com/-- provides radiology and
diagnostic imaging services.[BN]
The Plaintiff is represented by:
Jeffrey Miles Ostrow, Esq.
KOPELOWITZ OSTROW PA
1 W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301-4216
Phone: (954) 525-4100
Fax: (954) 525-4300
Email: ostrow@kolawyers.com
ALASKA AIRLINES: Dolan Sues Over Breached Duties
------------------------------------------------
Matthew Dolan, Theresa Stelter, Paul Stephen, individually and on
behalf of all others similarly situated, and DOES 1-76 v. ALASKA
AIRLINES, INC., a foreign profit corporation, and HORIZON AIR
INDUSTRIES, INC., a Washington profit corporation; Case No.
23-2-21460-9 KNT (Super. Ct. Wash., King Cty., Nov. 2, 2023) is
brought against the Defendants' actions and omissions and breached
their duties to refrain from boarding the aircraft with malicious
intent.
Alaska Airlines' public statement about the incident is
disappointingly self-serving. It reads, in part, "On Oct. 22,
Alaska Airlines Flight 2059 operated by Horizon Air from Everett,
WA (PAE) to San Francisco, CA (SFO) reported a credible security
threat related to an off-duty Alaska Airlines pilot, identified as
Captain Joseph Emerson, who was traveling in the flight deck
jumpseat. Captain Emerson unsuccessfully attempted to disrupt the
operation of the engines. The Horizon Captain and First Officer
quickly responded, and the crew secured the aircraft without
incident."
However, the clever rhetoric attempts to soften the undeniable: An
attempt to crash an airliner actually was not merely a "security
threat"; an actual security breach occurred; Emerson attempted to
kill everyone aboard. And the aircraft was not, in fact, secured
"without incident." Rather, there was a struggle in the cockpit and
later Emerson tried again to sabotage the airplane. As Alaska
Airlines admits, "Our crew also confirmed that Emerson attempted to
grab the handle of the emergency exit during the aircraft's descent
before being stopped by a Flight Attendant." The statement goes on:
"Upon exiting the flight deck, both Flight Attendants confirmed
that Emerson was escorted by a Flight Attendant to the rear of the
aircraft where Emerson was placed in wrist restraints and belted
into the aft jumpseat. Our crew also confirmed that Emerson
attempted to grab the handle of the emergency exit during the
aircraft's descent before being stopped by a Flight Attendant."
Clearly, in the airline's narrative, the only wrongdoer is Emerson.
However, this is the defendant airlines' way of misdirecting
attention not only from the fact that even while not assigned to
fly but traveling in the cockpit's jumpseat, Emerson had
responsibilities for aircraft safety that made him an agent of both
airlines, but also from their own failures of their primary
responsibility as common carriers to their passengers and crew;
namely, their apparent failures to even question whether he was fit
to fly shortly before he was allowed to occupy thethe cockpit for
the duration of the flight. Had they done so, he more likely than
not would have been denied admission and could not have been in
position to nearly kill everyone aboard.
The actions and omissions of the Defendants as described above
breached their duties to refrain from boarding the aircraft with
malicious intent or in any other state of mind that could lead to
aircraft sabotage; to refrain from travel in the cockpit jumpseat
while unqualified to act as a pilot if necessary and/or while in a
dangerous state of mind; to report Emerson's lack of sleep, drug
abuse, and mental health condition; to challenge his fitness to be
in the cockpit; to educate and train their employees to prevent the
foregoing breaches; and otherwise to keep their passengers safe;
and were a proximate cause of Plaintiffs' injuries., says the
complaint.
The Plaintiffs were a passenger on October 22, 2023, Horizon
Airlines Flight 2059.
Horizon Airlines is a corporation organized and existing under the
laws of the state of Washington and has been owned by Alaska Air
Group, Inc. since 1986.[BN]
The Plaintiff is represented by:
Daniel R. Laurence, Esq.
Furhad Sultani, Esq.
STRITMATTER KESSLER KOEHLER MOORE
3600 15th Ave W, Ste. 300
Seattle, WA 98119
Phone: 206.448.1777
ALEXANDRA URGUBY: Velazquez Files TCPA Suit in S.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against Alexandra Urguby. The
case is styled as Elizabeth Velazquez, individually and on behalf
of all others similarly situated v. Alexandra Urguby, Case No. 1
3:23-cv-02334-LL-SBC (S.D. Cal., Dec. 26, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Alexandra is a Real Estate Agent at eXp Realty, LLC.[BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN PA
237 South Dixie Highway. 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
AMERICOLD LOGISTICS: Sheffler Files Suit in M.D. Florida
--------------------------------------------------------
A class action lawsuit has been filed against Americold Logistics,
LLC. The case is styled as Sean Sheffler, on behalf of himself and
all others similarly situated v. Americold Logistics, LLC, Case No.
1:23-cv-05950-TWT (M.D. Fla., Dec. 23, 2023).
The nature of suit is stated Other Contract for Breach of Fiduciary
Duty.
Americold Realty Trust, Inc. -- https://www.americold.com/ -- is an
American temperature controlled warehousing and transportation
company based in Atlanta, Georgia.[BN]
The Plaintiff is represented by:
Gregory John Bosseler, Esq.
MORGAN & MORGAN, PLLC - ATL
191 Peachtree Street Northeast. Suite 4200
P.O. Box 57007
Atlanta, GA 30343
Phone: (404) 496-7318
Email: gbosseler@forthepeople.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Phone: (813) 223-5505
Fax: (813) 222-2434
Email: jyanchunis@forthepeople.com
- and -
Ryan D. Maxey, Esq.
MAXEY LAW FIRM, P.A.
107 N. 11th St. #402
Tampa, FL 33602
Phone: (813) 448-1125
Email: ryan@maxeyfirm.com
ASSOCIATED HOME CARE: Aubin Files Suit in Mass. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Associated Home Care,
LLC. The case is styled as Katherine Newell Saint Aubin, on behalf
of Herself and all others similarly situated v. Associated Home
Care, LLC, Case No. 2377CV01040 (Mass. Super. Ct., Essex Cty., Nov.
2, 2023).
The case type is stated as "Contract / Business Cases."
Associated Home Care -- https://www.associatedhomecare.com/ --
provides high-quality in-home senior care for seniors in 100
communities in greater Boston, MA & Massachusetts areas.[BN]
The Plaintiffs are represented by:
Raymond Dinsmore, Esq.
HAYBER, MCKENNA AND DINSMORE, LLC
One Monarch Place Suite 1340
Springfield, MA 01144
BAYSIDE MARIN INC: Mejia Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Bayside Marin, Inc.
The case is styled as Juan Tizol Mejia, individually, and on behalf
of all others similarly situated v. Bayside Marin, Inc., Does 1
Through 10, Inclusive, Case No. CGC23611263 (Cal. Super. Ct., San
Francisco Cty.,
Dec. 22, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Bayside Marin -- https://www.baysidemarin.com/ -- offers high
quality, comprehensive care to individuals seeking treatment for
addiction and mental health issues.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
1055 W 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
BLOCK INC: Mora Sues Over Unfair Cash App Terms of Service
----------------------------------------------------------
GILBERT MORA, an individual; STACY DOZIER, an individual; DIANNA
PEREZ, an individual; and ALAN STARZINSKI, an individual, on behalf
of themselves and all others similarly situated, Plaintiffs V.
BLOCK, INC., a Delaware corporation; and DOES 1 through 100,
inclusive, Defendants, Case No. 23STCV30869 (Cal. Super., Los
Angeles Cty., Dec. 19, 2023) is a class action brought for the
benefit and protection of Plaintiffs, and all other similarly
situated consumers who are residents of California and who visited
or completed transactions using Defendants' financial platform,
which includes mobile applications, websites, software, cloud-based
solutions, and other products and services.
In order to use and benefit from the Service, Service users are
informed that they must agree to the Cash App Terms of Service. The
Defendants assert that merely by accessing or using the Services,
users agree to be bound by the Terms.
The Defendants' conduct is unlawful, including among other reasons,
because it is aimed to stifle California consumers' right to free
speech, and the right of the California public to hear lawful
discourse. The Defendants' strong-arm tactics to silence injured
parties were and continue to be intentionally exercised to protect
Defendants' self-promoting public image for commercial and other
benefits. The Defendants' unlawful business practices, purposefully
designed to maintain and increase their consumers and prop up their
stock price, all while denying public, consumers, and potential
consumers accurate information so that they may make informed
decisions as consumers, says the suit.
By way of this action, Plaintiffs, and all others similarly
situated, seek damages, restitution, injunctive relief, public
injunctive relief, and other relief necessitated by Defendants'
unlawful and unfair actions in violation of California Civil Code
section 1670.8 and California Business and Professions Code section
17200. The Plaintiffs on behalf of themselves and all others
similarly situated seek an order permanently enjoining Defendants
from engaging in these ongoing unlawful and unfair practices, and
civil penalties and damages available under California law.
Block, Inc. operates as a financial services and digital payments
company.[BN]
The Plaintiffs are represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
3023 First A venue
San Diego, CA 92103
Telephone: (619) 291-1900
CANADA: Faces Class Suit Over Discrimination of Indigenous People
-----------------------------------------------------------------
Jacob Serebrin of Canadian News reports that a Quebec Superior
Court judge has authorized a class-action lawsuit on behalf of
Indigenous people who allege they received lower-quality education
than other Quebecers at day schools where abuse was rampant.
Thousands of First Nations and Inuit children were required by the
provincial or federal government to attend the schools.
"The plaintiffs assert that the day school system had a stated goal
of cultural assimilation and that the children who attended them
were victims of acculturation as well as, for many, psychological,
physical and sexual abuse by teachers, administrators, other
employees and other children at these schools," Justice Sylvain
Lussier wrote in his Dec. 8 decision.
The lawsuit includes all First Nations people who were required
between 1951 and 2014 to attend day schools that were run by the
Quebec government and its school boards in Indigenous communities
for the federal government.
It also includes all Inuit who were required to attend Quebec
government-run schools in their communities between 1963 and 1978.
Get the latest National news. Sent to your email, every day.
Lussier said the plaintiffs allege the way the schools were run
intentionally violated their rights to integrity, dignity and
safety, as well to maintain and advance their cultural life with
members of their community, as guaranteed by Quebec's Charter of
Human Rights and Freedoms.
Two representative plaintiffs, identified as J.J. and A. Je. in
court documents, both allege they suffered abuse at the schools.
A. Je., who attended an on-reserve school in Lac Simon, Que., which
was run by a school board based in the nearby city of Val-d'Or,
Que., on behalf of the federal government.
In court documents, A. Je. described the climate at the school she
attended between 1972, when she was four years old, and 1982 as
"hellish" and "like a residential school inside the community."
"While she attended the Lac Simon school, A. Je. suffered physical,
psychological and sexual abuse at the hands of school employees.
She also witnessed such about being inflicted on other students,"
according to a summary of the allegations in Lussier's decision.
Non-Indigenous students who attended the school were not subject to
the same violence and were allowed to physically attack Indigenous
students, while Indigenous students were severely punished if they
attacked a non-Indigenous student, according to the summary.
In 2019, the federal government settled with survivors of
federally-run schools for $1.47 billion, however that settlement
didn't include provincially-run schools, such as those in Quebec.
The class action is seeking at least $20,000 in damages for every
person who was forced to attend the schools, as well as for their
direct family members.
It seeks additional damages for people who suffered specific abuse.
[GN]
CBDMD INC: C.D. Cal. Stays Consumer Litigation Suit
---------------------------------------------------
cbdMD, Inc. disclosed in its Form 10-K report for the fiscal year
ended September 30, 2023, filed with the Securities and Exchange
Commission on October 11, 2023, that a purported collective and
class action lawsuit in the United States District Court for the
Central District of California has currently been stayed by the
court.
In December 2019, Cynthia Davis filed said case against cbdMD and
certain of its competitors alleging violations of the California's
Unfair Competition Law, California's False Advertising Law and
California's Consumer Legal Remedies Act, as well as claims for
Breach of Express Warranties, Breach of Implied Warranty of
Merchantability and Declaratory Relief.
On March 4, 2021 the court granted cbdMD's motion to stay the case
until the FDA or Congress takes definitive action on the regulatory
status of CBD and the case remains in this status as of this
filing.
cbdMD, Inc. owns and operates the nationally recognized CBD
(cannabidiol) brands "cbdMD," "Paw CBD" and "hempMD." It sources
cannabinoids, including CBD, which are extracted from non-GMO hemp
grown on farms in the United States. In addition to its core
brands, it also operates cbdMD Therapeutics, LLC.
CIGNA GROUP: Snyder Files Suit in D. Connecticut
------------------------------------------------
A class action lawsuit has been filed against Cigna Group, et al.
The case is styled as Amy Snyder, James Wingo, Staci Foster
Whitney, on behalf of themselves and all others similarly situated
v. Cigna Group, Cigna Health and Life Insurance Company, Cigna
Health Management, Inc., Case No. 3:23-cv-01451-OAW (D. Conn., Nov.
2, 2023).
The nature of suit is stated as Insurance for Insurance Contract.
Cigna Group -- https://www.thecignagroup.com/ -- are a global
health company, focused on improving the health and vitality of
those we serve.[BN]
The Plaintiffs are represented by:
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-6444
Fax: (212) 223-6334
Email: jguglielmo@scott-scott.com
- and -
Erin Green Comite, Esq.
SCOTT & SCOTT LLP - CT
156 South Main Street
P. O. Box 192
Colchester, CT 06415
Phone: (860) 537-5537
Fax: (869) 537-4432
Email: ecomite@scott-scott.com
The Defendants are represented by:
Kevin P. Daly, Esq.
Theodore J. Tucci, Esq.
ROBINSON & COLE, LLP-HTFD
280 Trumbull St.
Hartford, CT 06103
Phone: (860) 275-8200
Fax: (860) 275-8299
Email: kdaly@rc.com
ttucci@rc.com
- and -
Joshua B. Simon, Esq.
Warren Haskel, Esq.
MCDERMOTT WILL & EMERY LLP
One Vanderbilt Avenue
New York, NY 10017
Phone: (212) 547-5630
Email: jsimon@mwe.com
whaskel@mwe.com
CITRIX SYSTEMS: Hammond Files Suit in S.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against Citrix Systems, Inc.,
et al. The case is styled as Brittany Hammond, Tamia Charles, on
behalf of themselves and all others similarly situated v. Citrix
Systems, Inc., Comcast Cable Communications, LLC doing business as:
Xfinity, Case No. 0:23-cv-62409-DMM (S.D. Fla., Dec. 26, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Citrix Systems, Inc. -- http://www.citrix.com/-- is an American
multinational cloud computing and virtualization technology company
that provides server, application and desktop virtualization,
networking, software as a service, and cloud computing
technologies.[BN]
The Plaintiffs are represented by:
Jonathan Betten Cohen, Esq.
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: (865) 247-0080
Fax: (865) 522-0049
Email: jcohen@milberg.com
CLEMENTINE BAKERY: Martinez Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Clementine Bakery,
LLC. The case is styled as Silvia Martinez, on behalf of herself
and all others similarly situated v. Clementine Bakery, LLC, Case
No. 1:23-cv-09453 (E.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Clementine -- https://www.clementinebakery.com/ -- is a
plant-based, community-rooted Brooklyn bakery, cafe, and grocer
offering vegan pastries, custom cakes, to-go meals, and
provisions.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
COLLINS FOODS: KFC Employees File Suit Over Unpaid Wages
--------------------------------------------------------
Victoria Batchelor of Bloomberg Law reports that Gordon Legal filed
a class action in the Federal Court of Australia on behalf of
certain KFC employees, Collins Foods says in a statement to the
ASX.
Like the claim filed by Shine Lawyers, this competing claim also
alleges that those employees weren't provided with paid 10-minute
rest breaks pursuant to certain industrial instruments.
The franchiser and 88 franchisee entities, five of which are part
of the Collins Foods group, have been joined as respondents to the
claim.
This class action raises substantially the same claims as the Shine
Lawyers class action.
Collins Foods takes all its obligations. [GN]
COMCAST CABLE: Keung Files Suit in E.D. Pennsylvania
----------------------------------------------------
A class action lawsuit has been filed against Comcast Cable
Communications LLC, et al. The case is styled as Jacqueline Keung,
on behalf of herself and all others similarly situated v. Comcast
Cable Communications LLC, Citrix Systems, Inc., Case No.
2:23-cv-05110 (E.D. Pa., Dec. 22, 2023).
The nature of suit is stated as Other Contract.
Comcast Cable Communications, LLC, doing business as Xfinity --
http://www.xfinity.com/-- is an American telecommunications
business segment and division of Comcast Corporation used to market
consumer cable television, internet, telephone, and wireless
services provided by the company.[BN]
The Plaintiff is represented by:
Anthony M. Christina, Esq.
LOWEY DANNENBERG PC
One Tower Bridge
100 Front Street, Suite 520
West Conshohocken, PA 19428
Phone: (215) 399-4770
Email: achristina@lowey.com
CYTODYN INC: Court OK's Payment of Attorney Fees in Schielke
------------------------------------------------------------
Cytodyn Inc. disclosed in its Form 8-K report for December 19,
2023, filed with the Securities and Exchange Commission on December
22, 2023, that in December 2023, through arm's-length negotiations,
plaintiffs and the company reached an agreement under which the
company agreed to pay $59,500 in attorneys' fees and reimbursement
of expenses to plaintiffs' counsel, inclusive of a $500 service
award to the plaintiffs with regards to a purported class action
lawsuit, captioned "Schielke, et al. v. CytoDyn Inc., et al.," C.A.
No. 2021-0818-MTZ, filed against the company and its then-directors
in the Court of Chancery of the State of Delaware on or about
September 22, 2021.
Plaintiffs alleged that a clause in the company's Amended and
Restated Certificate of Incorporation, which provides that
directors may be removed from office only with cause, is
inconsistent with provisions of the Delaware General Corporate Law,
which plaintiffs allege would permit removal with or without
cause.
On August 24, 2017, at the company's annual meeting of
stockholders, the latter had the opportunity to vote on a proposal
to amend the company's certificate of incorporation by deleting
said clause. The stockholders did not approve the proposed
amendment at that annual meeting. Thereafter, the plaintiffs filed
the action, seeking a declaration that it is invalid and to enjoin
the defendants from enforcing it, as well as a reasonable allowance
of attorneys' fees and expenses.
On January 7, 2022, the court entered an order providing that it is
invalid, entering a final judgment, and retaining jurisdiction
solely for the purpose of adjudicating plaintiffs' counsel's
then-anticipated application for an award of attorneys' fees and
reimbursement of expenses. Further, on April 11, 2022, the company
filed a Form 10-Q with the U.S. Securities and Exchange Commission
(SEC) and filed therewith a Certificate of Correction of the
company's Certificate of Incorporation, dated April 7, 2022, which,
in accordance with the court's January 7, 2022 Order, corrected the
Charter by striking the clause.
In December 2023, through arm's-length negotiations, plaintiffs and
the company reached an agreement under which the company agreed to
pay $59,500 in attorneys' fees and reimbursement of expenses to
plaintiffs' counsel, inclusive of a $500 service award to the
plaintiffs. The court has not expressed an opinion on the amount of
fees and expenses. The foregoing disclosure was required to be made
pursuant to the court order closing the case.
Cytodyn Inc. is a clinical-stage biotechnology company based in
Washington.
DOLLAR TREE: Garland Sues Over Failure to Safeguard PII
-------------------------------------------------------
Dominick Garland, individually and on behalf of all others
similarly situated v. DOLLAR TREE, INC. d/b/a DOLLAR TREE and
ZEROED-IN TECHNOLOGIES, LLC, Case No. 2:23-cv-01208-SPC-KCD (M.D.
Fla., Dec. 22, 2023), is brought against Defendants for their
failure to secure and safeguard the personally identifiable
information ("PII") of thousands of individuals who are, or were,
employees of Dollar Tree, Inc.
Zeroed-In is a data technology company, headquartered in Fort
Myers, Florida, that sells workforce analytical software to its
clients, including Dollar Tree. The software uses artificial
intelligence to "monetize HR's data science activities" so that its
clients can "make accurate and timely HR decisions."
Dollar Tree is required to provide and maintain reasonable and
adequate security measures to secure, protect, and safeguard the
PII of its current and former employees against unauthorized access
and disclosure.
The Plaintiff and Class Members entrusted Defendants with, and
allowed Defendants to gather, highly sensitive information as part
of employment. They did so in confidence, and they had the
legitimate expectation that Defendants would respect their privacy
and act appropriately, including only sharing their information
with vendors and business associates who legitimately needed the
information and were equipped to protect it through having adequate
processes in place to safeguard it.
The Defendant Dollar Tree required its employees to provide it with
their sensitive PII and failed to protect it. Defendants had an
obligation to secure Dollar Tree's employees' PII by implementing
reasonable and appropriate data security safeguards. This was part
of the bargain between Plaintiff and Class Members and Defendants.
As a result of Defendants' failure to provide reasonable and
adequate data security, Plaintiff's and the Class Members'
unencrypted, non-redacted PII has been exposed to unauthorized
third parties. Plaintiff and the Class are now at much higher risk
of identity theft and cybercrimes of all kinds, especially
considering the highly sensitive PII stolen here and the fact that
the compromised PII is likely already being sold on the dark web.
This risk constitutes a concrete injury suffered by Plaintiff and
the Class, as they no longer have control over their PII, which PII
is likely now in the hands of third-party cybercriminals. This
substantial and imminent risk of identity theft has been recognized
by numerous courts as a concrete injury sufficient to establish
standing, says the complaint.
The Plaintiff is a resident of Baltimore, Baltimore County,
Maryland, whose Personal Information was compromised in the Data
Breach.
Dollar Tree is a discount variety store.[BN]
The Plaintiff is represented by:
Sharon J. Zinns, Esq.
ZINNS LAW, LLC
4243 Dunwoody Club Drive, Suite 104
Atlanta, GA 30350
Phone: (404)882-9002
Email: sharon@zinnslaw.com
- and -
Maureen M. Brady, Esq.
Lucy McShane, Esq.
MCSHANE & BRADY, LLC
1656 Washington Street, Suite
120 Kansas City, MO 64108
Phone: (816) 888-8010
Facsimile: (816) 332-6295
Email: mbrady@mcshanebradylaw.com
lmcshane@mcshanebradylaw.com
- and -
John A. Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Suite 330
Alpharetta, GA 30009
Phone: 404.855.3600
Fax: 404.301.2300
Email: tlove@loveconsumerlaw.com
ECOVIBE APPAREL: Mercedes Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Ecovibe Apparel, Inc.
The case is styled as Luis Mercedes, on behalf of himself and all
others similarly situated v. Ecovibe Apparel, Inc., Case No.
1:23-cv-11114 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ECOVIBE -- https://ecovibestyle.com/ -- is a black-owned and family
operated lifestyle brand based in Portland, Oregon offering a
thoughtfully curated selection of home decor, houseplants, and
gifts.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
Stein Saks, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
ELI LILLY: City of Roanoke Joins Class Suit Over Insulin Prices
---------------------------------------------------------------
Odyssey Fields of WFXR News reports that the City of Roanoke and
the Roanoke City School Board have joined a class action federal
lawsuit against several pharmaceutical companies over an alleged
"insulin pricing scheme."
The city filed the suit in Federal Court on Dec. 18. Roanoke
alleges more than 10 companies including Eli Lilly and Company,
Sanofi-Aventis U.S. LLC., Express Scripts, Novo Nordisk, and CVS
Health Corporation, have conspired to inflate prices.
A statement from the Roanoke City Attorney's Office says, "The City
of Roanoke has decided to participate in a class action lawsuit
bringing claims under the federal Racketeer Influenced and Corrupt
Organizations Act ("RICO"). The City has a larger than average
number of employees suffering from diabetes. The City's outside
legal counsel believes the City can demonstrate that the defendants
artificially inflated prices in violation of the law. The City
believes it can show that manufacturers and pharmacy benefit
managers have artificially inflated the prices of nineteen insulin
and insulin-analog diabetes medications far beyond their reasonable
market value. The City is seeking to recover the unfair cost it has
unfairly incurred in providing this necessary life-saving drug to
its employees as well as such other damages and the City might be
due under RICO."
Court documents show that the price of insulin has skyrocketed in
recent years. Documents contend a vial of insulin costs the
manufacturer about $2 to produce, however, it sells for about $300
to $700.
According to the Virginia Department of Health's diabetes data,
more than 10% of Virginia's population suffers from diabetes.
Natural Bridge Zoo findings revealed by investigators in Rockbridge
County Court
A Sanofi spokesperson told WFXR News that the company's prices have
always complied with the law and they are committed to helping
patients access the medicine they need a the lowest price
possible.
They gave the following statement:
Following through on that commitment requires Sanofi to navigate a
complex environment. Under the current system, fees and savings
negotiated by health insurance companies and PBMs through rebates
are not consistently passed through to patients in the form of
lower co-pays or coinsurance. As a result, patients' out-of-pocket
costs continue to rise while -- between 2012 and 2022 -- the
average net price of our insulins declined by 58%. Sanofi believes
that no one should struggle to pay for their insulin, regardless of
their insurance status or income level, which is why we have a
suite of innovative and patient-centric savings programs to help
people reduce their prescription medicine costs."
Henrico, Alexandria sue insulin manufacturers alleging they
conspired to jack up prices
A spokesperson with Novo Nordisk told WFXR that they believe the
allegations are without merit.
While we will not comment further about ongoing litigation, we
recognize that not all patient situations are the same and we have
a number of different insulin affordability offerings available
through NovoCare. Importantly, we continually review and revise our
offerings as well as work with diverse stakeholders to create
solutions for differing patient needs."
The company said it recently announced that it will be lowering the
U.S. list prices of several insulin products by up to 75% for
people with type 1 and type 2 diabetes. These changes will go into
effect on Jan. 1, 2024.
We also reached out to Eli Lilly and Company but it had no comment
on the lawsuit.
WFXR News will update this story as more information is released.
[GN]
ESCAPOLOGY LLC: Crumwell Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Escapology, LLC. The
case is styled as Denise Crumwell, on behalf of herself and all
other persons similarly situated v. Escapology, LLC, Case No.
1:23-cv-11109 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Escapology, LLC -- https://www.escapology.com/en/ -- is the world's
largest and fastest growing escape room franchise with exclusive
licensed titles like Batman, Scooby Doo, Star Trek, and more..[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
ESSENCE INFORMATION: Court Settles China's Securities Industry Suit
-------------------------------------------------------------------
Huang Siyu of Yicai Global reports that a Shanghai court has
settled the first class-action lawsuit of China's securities
industry, which is also the first special representative litigation
case with a company listed on the Shanghai Stock Exchange's Star
Market as the main defendant.
Essence Information Technology will pay each of the 7,195 investors
participating in the class suit an average compensation of
CNY38,900 (USD5,440), with the maximum amount being CNY5 million
(USD699,370), the Shanghai court ruled on December 26, 2023. The
total compensation amount exceeded CNY280 million (USD39.2
million).
Essence, which went public in June 2020, received an administrative
punishment on suspicion of fabricating operating data and
fraudulent listing by the China Securities Regulatory Commission on
April 21. On June 30, the Tianjin-based firm announced it would
delist on July 7 under order of the Shanghai bourse.
Twelve Essence investors sued the company, its actual controller,
executives, and intermediate agencies on April 28, asking the court
to require Essence to compensate them for losses of various types.
In July, China Securities Small and Medium Investors Service Center
won special authorizations from some of the investors and
participated in the lawsuit as a representative.
Ending the trial in the form of a settlement can effectively lower
investors' costs to safeguard their rights, maximize the guarantee
of investors' rights and interests from winning the litigation,
give the defendants opportunities to make up for their mistakes,
and reduce illegal events' negative impact on the capital market,
especially the Star Market, said Li Xiaonie, the lawsuit's
presiding judge and deputy head of the Shanghai Financial Court.
The court opted for a settlement to push for the dispute's
substantive resolution because the lawsuit's claim is relatively
clear, and the listed firms' actual controller, executives,
intermediate agencies, and people directly involved have the
ability and willingness to compensate, Lin noted. [GN]
GPB CAPITAL: Gentile Appeals Ruling in SEC Suit to 2nd Cir.
-----------------------------------------------------------
DAVID GENTILE, et al. are taking an appeal from a court order
adopting a report and recommendations (R&R) in the lawsuit
captioned entitled Securities and Exchange Commission, Plaintiff,
v. GPB Capital Holdings, LLC, et al., Defendants, Case No.
1:21-cv-00583-MKB-VMS, in the U.S. District Court for the Eastern
District of New York.
This case concerns an allegedly long-running and multi-faceted
fraudulent scheme perpetrated by GPB Capital, a registered
investment adviser; its owner and CEO, David Gentile; AAS, a
registered broker-dealer, and its branch office, Ascendant Capital;
Jeffry Schneider, the owner and CEO of Ascendant Capital; and
Jeffrey Lash, a former managing partner of GPB Capital. The
Defendants directly or indirectly, singly or in concert, violated
and are otherwise liable for violations of the federal securities
laws, asserts the lawsuit.
On July 28, 2023, Magistrate Judge Vera M. Scanlon issued a Report
and Recommendations recommending that the motion by Plaintiff
Securities and Exchange Commission for Relief from the Amended
Order Appointing a Monitor be denied as moot; and that the motion
to Convert the Monitorship to a Receivership and for the Imposition
of a Litigation Injunction be granted, subsequent to the
clarification to be provided by Plaintiff, with Paragraph 18 of the
Proposed Order modified to add, as a final sentence, the following:
"Any person or entity may seek leave of this Court to proceed
against the Receiver, in such capacity; the Retained Personnel, in
such capacity; the Ordinary Course Professionals, in such capacity;
the Receivership Estate; the Receivership Entities; and the
Receivership Assets."
On December 7, 2023, Chief Judge Margo K. Brodie entered an order
adopting the Report and Recommendations granting the SEC's motion
to convert the monitorship into a receivership and impose a
litigation injunction; adopting the Amended Proposed Order; and
denying a motion to show cause filed by David Gentile as moot.
The appellate case is captioned Securities and Exchange Commission
v. GPB Capital Holdings, LLC, Case No. 23-8035, in the United
States Court of Appeals for the Second Circuit, filed on December
18, 2023. [BN]
GUILFORD PUBLICATIONS: Mercedes Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Guilford
Publications, Inc. The case is styled as Luis Mercedes, on behalf
of himself and all others similarly situated v. Guilford
Publications, Inc., Case No. 1:23-cv-11112 (S.D.N.Y., Dec. 22,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Guilford Press or Guilford Publications, Inc. --
https://www.guilford.com/ -- is a New York City-based independent
publisher founded in 1973 that specializes in publishing books and
journals in psychology, psychiatry, the behavioral sciences,
education, geography, and research methods.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
HARRIMAN ARMY & NAVY: Suarez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Harriman Army & Navy
Store, Inc. The case is styled as Alvin Suarez, on behalf of
himself and all others similarly situated v. Harriman Army & Navy
Store, Inc., Case No. 1:23-cv-11140 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Harriman Army & Navy Store, Inc. --
https://www.harrimanarmynavy.com/ -- is a longtime, family-owned
site with police uniforms & equipment, plus premium footwear &
survival gear.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
HEWLETT PACKARD: Settlement in Securities Suit Gets Final Nod
-------------------------------------------------------------
Hewlett Packard Enterprise Company (HPE) disclosed in its Form 10-K
report for the fiscal year ended October 31, 2023, filed with the
Securities and Exchange Commission on December 22, 2023, that on
April 28, 2023, the Superior Court of California, County of Santa
Clara granted plaintiffs' Motion for Final Approval of the Class
Action Settlement and Certification of the Settlement Class.
The court has scheduled a compliance hearing for February 8, 2024,
to assess the distribution of a settlement fund to the class
members and resolve any final issues.
On November 8, 2018, a putative class action complaint was filed in
said court alleging that HPE pays its California-based female
employees "systemically lower compensation" than HPE pays male
employees performing substantially similar work.
The complaint alleges various California state law claims,
including California's Equal Pay Act, Fair Employment and Housing
Act, and Unfair Competition Law, and seeks certification of a
California-only class of female employees employed in certain
"covered positions." The parties subsequently reached an agreement
to resolve this class action. The terms of the settlement are
reflected in plaintiff's Motion for Preliminary Approval of Class
Action Settlement and Certification of Settlement Class, which was
filed with the Court on September 26, 2022.
On November 3, 2022, the court granted plaintiff's motion and
preliminarily approved the terms of the class settlement, which
defines the settlement class as all "women actively employed in
California by Defendant at any point from November 1, 2015, through
the date of Preliminary Approval" who were employed in a covered
job code. The settlement class excludes certain individuals,
including those who previously executed an arbitration agreement
with HPE or an agreement that resulted in a release or waiver of
claims.
HPE is focused on developing intelligent solutions that allow
customers to capture, analyze and act upon data seamlessly from
edge to cloud and enables customers to accelerate business outcomes
by driving new business models, creating new customer and employee
experiences, and increasing operational efficiency today and into
the future.
HILCORP ENERGY: AB's Seafood Suit Removed to E.D. Louisiana
-----------------------------------------------------------
The case styled as AB's Seafood, LLC, David Chauvin's Seafood
Compnay, Dulac Oyster Co., Dardar Oysters, LLC, Faith Family Shrimp
Co., Shrimp Kingdom Seafood, LLC, Terry Luke, Jr., Luke's Seafood,
LLC, Benny J. Blanchard, Jason Cabanilla, Ricky Trahan, Otis
Cantrelle, Jr., James G. Laughlin, Percy Dardar Sr LLC, Corina
Corina Seafood LLC, individually and on behalf of others similarly
situated v. Hilcorp Energy Company, Case No. 197242 Div Ewas
removed from Terrebonne, to the U.S. District Court for the Eastern
District of Louisiana on Nov. 2, 2023.
The District Court Clerk assigned Case No. 2:23-cv-06653-ILRL-KWR
to the proceeding.
The nature of suit is stated as Other Personal Property for
Property Damage.
Hilcorp -- https://www.hilcorp.com/ -- is one of the largest,
privately held exploration and production companies in the United
States.[BN]
The Plaintiff is represented by:
Charles Clarence Bourque, Jr., Esq.
Christopher John St. Martin, Esq.
Joseph G. Jevic, III, Esq.
ST. MARTIN & BOURQUE
315 Barrow St
Houma, LA 70360
Phone: (985) 876-3891
Email: cbourque@stmblaw.com
cstmartin@stmblaw.com
jjevic@stmblaw.com
- and -
David Winston Ardoin, Esq.
Matthew David Ory, Esq.
AMO TRIAL LAWYERS, LLC
213-B East Bayou Road
Thibodaux, LA 70301
Phone: (985) 446-3333
Fax: (985) 446-3300
Email: david@amotriallawyers.com
matt@amotriallawyers.com
- and -
Ellen Daigle Doskey, Esq.
TERREBONNE PARISH DISTRICT ATTORNEY'S OFFICE
Courthouse Annex
7856 Main Street, Suite 220
Houma, LA 70360
Phone: (985) 873-6500
Email: ellendoskey@tpda.org
- and -
Gary Williams, Jr., Esq.
Huntington B. Downer, Jr., Esq.
Joseph Lee Waitz, III, Esq.
Mary W. Riviere, Esq.
WAITZ & DOWNER
423 Goode Street
Houma, LA 70630
Phone: (985) 876-0870
Fax: (985) 876-0213
Email: willgary8@gmail.com
hunt.downer@waitz-downer.com
josephwaitziii@waitz-downer.com
mriviere@waitz-downer.com
- and -
Joseph Lee Waitz, Jr., Esq.
Joseph L. Waitz, Jr., Esq.
P.O. Box 2454
Houma, LA 70361
Phone: (985) 876-0131
Fax: (985) 876-9732
Email: pdavis_1959@yahoo.com
- and -
Preston Lee Hayes, Esq.
Ryan Paul Monsour, Esq.
AMO TRIAL LAWYERS, LLC
3850 N. Causeway Blvd, Suite 590
Metairie, LA 70002
Phone: (504) 356-0110
Fax: (504) 356-0112
Email: plh@amotriallawyers.com
rpm@amotriallawyers.com
- and -
William Stevens Bordelon, Esq.
THE LAW OFFICES OF WILLIAM S. BORDELON
407 Roussell St.
Houma, LA 70360
Phone: (985) 851-4241
Fax: (985) 851-4385
Email: billy@wsbordelon.com
The Defendants are represented by:
Craig Isenberg, Esq.
Alexandra Leigh Gjertson, Esq.
BARRASSO USDIN KUPPERMAN FREEMAN & SARVER LLC
909 Poydras Street, Suite 2350
New Orleans, LA 70112
Phone: (504) 589-9753
Fax: (504) 589-9701
Email: cisenberg@barrassousdin.com
agjertson@barrassousdin.com
- and -
Charles A. Mouton, Esq.
Jared L. Foti, Esq.
MAHTOOK & LAFLEUR (LAFAYETTE)
600 Jefferson St., Suite 1000
P. O. Box 3089
Lafayette, LA 70502
Phone: (337) 266-2189
Email: cmouton@mandllaw.com
jfoti@mandllaw.com
- and -
Michael A. Balascio, Esq.
BARRASSO, USDIN, KUPPERMAN, FREEMAN & SARVER, LLC
LL&E Tower
909 Poydras St., Suite 2350
New Orleans, LA 70112
Phone: (504) 589-9773
Email: mbalascio@barrassousdin.com
HUB GROUP TRUCKING: Hague Sues Over Unpaid Wages
------------------------------------------------
Alex Hague, individually and on behalf of all others similarly
situated v. HUB GROUP TRUCKING, INC., a Delaware Corporation; and
DOES 1 through 50, inclusive, Case No. CIVSB2328153 (Cal. Super.
Ct., San Bernardino, Nov. 2, 2023), is brought pursuant to the
Applicable Industrial Welfare Commission Wage Orders, and Labor
Codes seeking unpaid wages, penalties, equitable relief, and
reasonable attorneys' fees and costs.
The Plaintiff regularly worked shifts of 40 hours or more each week
and was paid an hourly wage of $26.60. The Defendants' failure to
maintain accurate timekeeping, failure to keep and maintain
accurate, reliable payroll procedures, and/or failure to implement
effective "downtime procedures" resulted in non-payment of overtime
compensation, and/or non-payment of earned bonuses, and/or
non-payment of holiday pay, and/or inaccurate itemized wage
statements for Plaintiff and all proposed Class Members, says the
complaint.
The Plaintiff was employed by the Defendants as a non-exempt,
hourly paid Company Driver.
The Defendant is a Delaware corporation with employees throughout
California.[BN]
The Plaintiff is represented by:
Robert A. Waller, Jr., Esq.
Ryan Stygar, Esq.
CENTURION TRIAL ATTORNEYS, APC
8880 Rio San Diego Dr., Ste. 800
San Diego, CA 92108
Phone: (888) 225-5792
Facsimile: (760) 753-3206
Email: robert@centurionta.com
ryan@centurionta.com
INLAND FRESH: Court Dismisses ESOP Class Action Suit
----------------------------------------------------
Sydney L. Juliano and Joseph E Clark of Proskauer Rose LLP of
National Law Review report that the decision in Bolton v. Inland
Fresh Seafood Corp. of America Inc., No. 22-cv-4602 (N.D. Ga. Dec.
5, 2023) should serve as a reminder to all ERISA practitioners
that, if litigating in courts of the Eleventh Circuit, participants
must exhaust a plan's claims procedures before commencing a
lawsuit—regardless of the type of ERISA claim asserted.
In this case, several former employees and participants in Inland
Fresh Seafood Corporation of America, Inc.'s Employee Stock
Ownership Plan ("ESOP") sued the company, its ESOP fiduciary
committee, and others, alleging that they breached their fiduciary
duties under ERISA and violated ERISA's prohibited transaction
rules by causing the ESOP to purchase 100,000 shares of company
stock from company board members for more than fair market value.
The defendants moved to dismiss the complaint on the ground that
the ESOP participants failed to exhaust the ESOP's administrative
review requirements. The court granted the motion on the grounds
that, in the Eleventh Circuit, plaintiffs must exhaust
administrative remedies prior to filing a lawsuit seeking any claim
for relief under ERISA. In so ruling, the court rejected
plaintiffs' argument that exhaustion would be futile, and thus not
required, given that the ESOP fiduciary committee was a
self-interested entity whose interests were aligned with other
defendants. The court explained, in relevant part, that the
futility exception to the exhaustion requirement "protects
participants who are denied meaningful access to administrative
procedures, not those whose claims would be heard by an interested
party." Furthermore, the court emphasized the role of the
administrative process in reducing the number of frivolous ERISA
disputes, minimizing the cost of resolving disputes, allowing
fiduciaries to carry out their duties without premature judicial
intervention, and allowing the fully considered outcome to aid a
court should litigation follow.
Proskauer's Perspective
This decision reiterates the Eleventh Circuit's views on the role
of the administrative process in weeding out frivolous claims and
ensuring that a developed record can assist the court in subsequent
litigation, including in more complex ERISA suits involving
allegations of fiduciary breach and prohibited transactions. It
also serves as a reminder that although ERISA is intended to create
uniform rules governing employee benefits, there remain regional
differences in how claims are litigated—differences that could
very well influence a plaintiff's selection of a forum when
commencing a lawsuit. Plan sponsors, fiduciaries and their counsel
therefore should take care to evaluate laws of the particular
jurisdiction in which a case is litigated, as they relate to any
procedural (or other) defenses to litigation, including exhaustion.
[GN]
INSPIRE MEDICAL: Misleads Investors, Class Action Suit Says
-----------------------------------------------------------
Ben Miller of Bloomberg Law reports that Inspire Medical Systems
Inc. and two of its top executives allegedly concealed issues with
prior authorization for insurance coverage of its implantable sleep
apnea therapy device, a shareholder class action lawsuit says.
The company allegedly misled investors for six months, failing to
disclose that customers were encountering challenges with
submitting for prior authorization and scheduling appointments,
which led to a shortfall in hundreds of procedures to implant the
device, according to the complaint filed Dec. 22 in US District
Court for the District of Minnesota.
Patients seeking to receive insurance coverage for Inspire's sleep
apnea therapy are required to visit. [GN]
JOHNSON & JOHNSON: Lawrence Suit Transferred to E.D. New York
-------------------------------------------------------------
The case captioned as Kristin Lawrence, individually and on behalf
of all others similarly situated v. Johnson & Johnson Health Care
Systems, Inc., Case No. 3:23-cv-20551 was transferred from the U.S.
District Court for the District of New Jersey, to the U.S. District
Court for the Eastern District of New York on Dec. 22, 2023.
The District Court Clerk assigned Case No. 1:23-cv-09299-BMC to the
proceeding.
The nature of suit is stated as Other Contract for Fraud.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Philip Furia, Esq.
The Sultzer Law Group, P.C.
85 Civic Plaza, Suite 200
Poughkeepsie, NY 12601
Phone: (201) 744-0064
Email: furiap@thesultzerlawgroup.com
The Defendant is represented by:
Jeffrey A.N. Kopczynski, Esq.
O'MELVENY & MEYERS LLP
7 Times Square
New York, NY 10036
Phone: (212) 326-2000
Email: jkopczynski@omm.com
JOHNSON & JOHNSON: Nelson Fraud Suit Transferred to E.D.N.Y.
------------------------------------------------------------
The case styled as JORDAN NELSON and REGINA PERALTA, individually
and on behalf of all others similarly situated, Plaintiffs v.
KENVUE, INC., MCNEIL CONSUMER HEALTHCARE, JOHNSON & JOHNSON
CONSUMER, INC., CVS PHARMACY, INC., HALEON US CAPITAL LLC, GSK PLC,
ALBERTSONS COMPANIES, INC., TARGET CORPORATION, WALMART INC., and
PERRIGO COMPANY PLC, Defendants, Case No. 4:23-cv-04875, was
transferred from the United States District Court for the Northern
District of California to the United States District Court for the
Eastern District of New York on December 19, 2023.
The Clerk of Court for the Eastern District of New York assigned
Case No. 1:23-cv-09261-BMC to the proceeding.
The Plaintiffs assert claims on behalf of themselves and similarly
situated purchasers of Defendants' nasal decongestant products for
violations of the California Consumers Legal Remedies Act, the
Unfair Competition Law, the False Advertising Law, breach of
implied warranty of merchantability, and unjust enrichment.
Kenvue, Inc. is an American consumer health company.[BN]
The Plaintiffs are represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave., Suite 1420
Miami, FL 33131-2800
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
E-mail: swestcot@bursor.com
- and -
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
JOHNSON & JOHNSON: Ward Suit Transferred to E.D. New York
---------------------------------------------------------
The case captioned as John Jeffrey Ward, Ruta Taito, Dr. Karen
Schwartz, individually and on behalf of all others similarly
situated v. Johnson & Johnson, Johnson & Johnson Consumer Inc.,
Kenvue Inc., McNeil Consumer Healthcare, Case No. 3:23-cv-20818 was
transferred from the U.S. District Court for the District of New
Jersey, to the U.S. District Court for the Eastern District of New
York on Dec. 22, 2023.
The District Court Clerk assigned Case No. 1:23-cv-09302-BMC to the
proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER LLP
111 W. Washington, STE 1240
Chicago, IL 60602
Phone: (312) 750-1265
Email: katrina@lcllp.com
The Defendant is represented by:
Jeffrey A.N. Kopczynski, Esq.
O'MELVENY & MEYERS LLP
7 Times Square
New York, NY 10036
Phone: (212) 326-2000
Email: jkopczynski@omm.com
L3HARRIS TECHNOLOGIES: Agrees to Settle 401(k) Plan Suit for $13.5B
-------------------------------------------------------------------
Jacklyn Wille of Bloomberg Law reports that L3Harris Technologies
Inc. plans to settle a class action by employees challenging how
the defense and aerospace contractor manages its $13.5 billion
401(k) plan.
The parties came to an agreement during a private mediation session
and plan to file details of the deal for court approval by the end
of January, they said in a Dec. 22 court filing.
The development comes six months after Judge Paul Byron of the US
District Court for the Middle District of Florida certified the
case as a class action covering about 52,000 participants in the
L3Harris plan who either paid recordkeeping fees. [GN]
LATTCO SERVICES: Molina Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Lattco Services Inc.,
et al. The case is styled as Ana Molina, on behalf of all similarly
situated individuals v. NEC Corporation Of America, et al., Case
No. 23CV010964 (Cal. Super. Ct., Sacramento Cty., Nov. 1, 2023).
Lattco Services Inc. specialize with high quality of janitorial
services with over 20 years of experience.[BN]
LEGOLAND NEW YORK: Demmerle Files Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Legoland New York,
LLC. The case is styled as Christopher Demmerle, Ronniery de la
Cruz, individually and on behalf of all others similarly situated
v. Legoland New York, LLC, Case No. 7:23-cv-11141 (S.D.N.Y., Dec.
22, 2023).
The nature of suit is stated as Other Real Property.
Legoland New York Resort -- https://www.legoland.com/new-york/ --
is a theme park in Goshen, New York owned by Merlin
Entertainments.[BN]
The Plaintiffs are represented by:
Philip Lawrence Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Email: pfraietta@bursor.com
LIVE VENTURES: Faces Sieggreen Securities Suit in Nevada Court
---------------------------------------------------------------
Live Ventures Incorporated disclosed in its Form 10-K report for
the fiscal year ended September 30, 2023, filed with the Securities
and Exchange Commission on December 23, 2023, that it is currently
facing a class action complaint for violation of federal securities
laws in the United States District Court for the District of
Nevada, naming the Company, Jon Isaac, the company's current
President and Chief Executive Officer, and Virland Johnson, the
company's former Chief Financial Officer, as defendants.
It was filed on August 13, 2021 by Daniel E. Sieggreen,
individually and on behalf of all others similarly situated
claimants.
Among other sought relief, the complaint seeks damages in
connection with the purchases and sales of the company's securities
between December 28, 2016 and August 3, 2021. As of December 17,
2021, the judge granted a stipulation to stay proceedings pending
the resolutions of the motions to dismiss in the SEC Complaint. On
February 1, 2023, the final motion to dismiss relating to the SEC
Complaint was denied, which was subsequently noticed in the
Sieggreen action on February 2, 2023. Plaintiff filed an Amended
Complaint on March 6, 2023. On May 5, 2023, the company defendants
filed a Motion to Dismiss the Amended Complaint, and the briefing
on that motion is now complete.
Live Ventures Incorporated is a diversified holding company with a
strategic focus on value-oriented acquisitions of domestic
middle-market companies. It looks for opportunities to partner with
management to build increased stockholder value through a
disciplined buy-build-hold, long-term focused strategy.
LOOK BRANDS: DeSimone Sues Over Unlawful Convenience Fee
--------------------------------------------------------
Michael DeSimone, individually and on behalf of all others
similarly situated v. LOOK BRANDS, LLC, Case No. 7:23-cv-11144
(S.D.N.Y., Dec. 22, 2023), is brought seeking for actual and/or
statutory damages, reasonable attorneys' costs and fees, and
injunctive relief under New York Arts and Cultural Affairs Law as a
result of the Defendant's ambushed "convenience fee."
For over a year, Defendant has been nickel and diming movie goers
on its website in violation of the New York State Arts and Cultural
Affairs Law. Whenever a movie-goer selects a ticket on the website
https://www.lookcinemas.com, they are quoted a fee-less price, only
to be ambushed by a $1.95 "convenience fee" per ticket at checkout
after clicking through the various screens required to make a
purchase. This cheap trick has enabled Defendant to swindle
substantial sums of money from its customers.
To stop this hustle, New York passed Arts and Cultural Affairs Law
which provides that "every operator of a place of entertainment
shall disclose the total cost of the ticket, inclusive of all
ancillary fees that must be paid in order to purchase the ticket."
"Such disclosure of the total cost and fees shall be displayed in
the ticket listing prior to the ticket being selected for
purchase." And "the price of the ticket shall not increase during
the purchase process." For these reasons, Plaintiff seeks for
actual and/or statutory damages, reasonable attorneys' costs and
fees, and injunctive relief under New York Arts and Cultural
Affairs Law, says the complaint.
The Plaintiff purchased a ticket to see a movie at a cinema in
Dobbs Ferry, New York operated by the Defendant on March 5, 2023
through Defendant's website, https://www.lookcinemas.com.
The Defendant operates brick and mortar cinemas throughout the
United States, including several in the state of New York.[BN]
The Plaintiffs are represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Facsimile: (212) 989-9163
Email: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: sbogdanovich@bursor.com
MACS DESIGNS: Karim Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Macs Designs, LLC.
The case is styled as Jessica Karim, on behalf of herself and all
others similarly situated v. Macs Designs, LLC, Case No.
1:23-cv-11146-JGK (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
MAC Design LLC -- https://macdllc.com/ -- pride themselves on
delivering practical and responsive architectural design solutions
that exceed our clients' expectations.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
MAIDEN HOLDINGS: Wins Summary Judgment Bid vs Wigglesworth
----------------------------------------------------------
Maiden Holdings, Ltd. disclosed in its Form 8-K report for the
fiscal year ended September 3, 2023, filed with the Securities and
Exchange Commission on October 11, 2023, that on December 19, 2023,
the U.S. District Court for the District of New Jersey granted
summary judgment on plaintiffs' claim for securities fraud under
Section 10(b) of the Securities Exchange Act to Maiden Holdings,
Ltd. and individual defendants Arturo Raschbaum, Karen Schmitt, and
John Marshalek, in the class action titled "Wigglesworth v. Maiden
Holdings, Ltd."
The court held that the factual record failed to support, as a
matter of law, plaintiffs' allegations that the defendants had made
false statements regarding the company's loss reserves. The court
also dismissed plaintiffs' claims that the individual defendants
were liable as control persons under Section 20(a) of the
Securities Exchange Act for any such alleged false statements.
Plaintiffs have 30 days to appeal if they choose.
Maiden Holdings Ltd. is a Bermuda based holding company with
insurance subsidiaries that provides specialty reinsurance products
for the global property and casualty market.
MCDONALD'S CORP: Meyers Files False Ad Case Over Breakfast Meal
---------------------------------------------------------------
AMBER MEYERS, an individual; and ROES 1-50, on behalf of themselves
and all others similarly situated, Plaintiff v. MCDONALD'S
CORPORATION, a Delaware corporation; MCDONALD'S USA, LLC, a
Delaware limited liability company; and DOES 1-10, Defendants, Case
No. 5:23-cv-02589 (C.D. Cal., Dec. 19, 2023) is a class action
brought by the Plaintiff, on behalf of herself and all others
similarly situated, who purchased a breakfast combo meal with an
orange juice based on alleged false and misleading advertisements
by Defendants, in violation of various state consumer protection
laws.
According to the complaint, the Plaintiff frequently goes to
McDonald's, and orders the two-Sausage Egg McMuffin meal, with an
orange juice. Plaintiff Meyers never realized that she was charged
for the orange juice, until recently learning about it. If she knew
about the surcharge, she would not have purchased an orange juice
every time she went to McDonald's.
McDonald's deceptively misleads consumers by advertising breakfast
combination meals to include an orange juice on its menu boards, at
a cost that differs from the advertised price, adding a surcharge
to customers who order an orange juice as a part of the breakfast
meal, the suit contends.
McDonald's Corporation is an American multinational fast food
chain.[BN]
The Plaintiff is represented by:
Cameron Nazemi, Esq.
CWN, INC., A PROFESSIONAL LAW CORPORATION
122 Waterford Circle
Rancho Mirage, CA 92270
Telephone: (949) 677-5296
Facsimile: (760) 770-6810
E-mail: cwnfirm@gmail.com
MERCURY AIR CARGO: Saucedo Alleges California Labor Code Violations
-------------------------------------------------------------------
SERGIO SAUCEDO, as an individual and on behalf of all other
aggrieved employees v. MERCURY AIR CARGO, LLC, a California limited
liability company; and DOES 1 through 100, Defendants, Case No.
23STCV31703 (Cal. Super., Los Angeles Cty., December 27, 2023)
alleges violations of the California Labor Code and seeks to
recover civil penalties under the Private Attorneys General Act.
The Plaintiff was employed by Defendants from approximately March
1996, through approximately September 2023. During his employment
with Defendants, Plaintiff has held various positions, including as
a "quality assurance" and/or "customer service representative" at
Defendant's location at the LAX airport. Among other things,
Plaintiff and other aggrieved employees were not provided with full
30-minute meal periods of net rest in an area appropriate for rest
away from the workstation. Additionally, Defendants failed to
provide him and other aggrieved employees with a second duty free
full 30 minutes of "net rest" meal period for shifts of over 10
hours in violation of California law, says the Plaintiff.
Mercury Air Cargo provides a range of transportation services of
various airlines and freight forwarders. [BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Aden M. Khachadoorian, Esq.
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
akhachadoorian@haineslawgroup.com
MID AMERICA PET FOOD: Filardi Sues Over Deceptive Marketing
-----------------------------------------------------------
James Filardi, individually and on behalf of all others similarly
situated v. Mid America Pet Food LLC, Case No. 7:23-cv-11170
(S.D.N.Y., Dec. 22, 2023), is brought to remedy the deceptive and
misleading business practices of the Defendant with respect to the
manufacturing, marketing, and sale of Defendant's Pet Food products
throughout the state of New York (hereinafter the "Products").
The Defendant has improperly, deceptively, and misleadingly labeled
and marketed its Products to reasonable consumers, like Plaintiff,
by omitting and not disclosing to consumers on its packaging that
consumption of the Products may increase the risk of contracting
Salmonella. The Products contain Salmonella, which could lead to
serious and life-threatening adverse health consequences.
The Defendant specifically lists the ingredients in the Products on
the labeling; however, Defendant fails to disclose that the
Products contain, or are at the risk of containing, Salmonella.
Salmonella is recognized to be a dangerous substance. Salmonella
can cause diarrhea, fever, abdominal cramping, chills, headache,
and nausea/vomiting. Consumers like the Plaintiff trust
manufacturers such as Defendant to sell products that are safe and
free from harmful known substances, including Salmonella.
The Plaintiff certainly expect that the pet food products they
purchase will not contain, or risk containing, any knowingly
harmful substances that cause disease including Salmonella.
Unfortunately for consumers like Plaintiff, contrary to their
reasonable expectations, the pet food Products they purchased
contained Salmonella. In fact, Defendant recently conducted a
Product recall on October 20, 2023 and then expanded the recall on
November 9, 2023 (collectively as the "Recall").
The Defendant's advertising and marketing campaign is false,
deceptive, and misleading because the Products do contain, or risk
containing, Salmonella, which is dangerous to health and well-being
or both the pets who consume the food and the humans who are
handling the food. Nevertheless, Defendant does not list or mention
Salmonella anywhere on the Products' packaging or labeling. The
Plaintiff and Class Members relied on Defendant's
misrepresentations and omissions of the safety of the Products and
what is in the Products when they purchased them.
As a result of the Products' contamination, purchasers of the
Products, including Plaintiff, sustained additional damages through
their pets' Salmonella infections and by being forced to care for
pets that became ill, with many paying significant expenditures for
medical care including, but not limited to, vet bills, hospital
bills, and/or medicine. Further, because Defendant then stopped
producing the Products, Plaintiff and Class Members were forced to
find other pet food to feed to their pets and ended up paying more
money to feed their pets. The sudden change in diet also raises the
potential for health issues for their pets, says the complaint.
The Plaintiff purchased the Products in New York.
The Defendant manufactures, markets, advertises, and sells pet food
products.[BN]
The Plaintiff is represented by:
Michael R. Reese, Esq.
Sue J. Nam, Esq.
Carlos F. Ramirez, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Phone: (212) 643-500
Email: mreese@reesellp.com
snam@reesellp.com
cramirez@reesellp.com
- and -
Charles Moore, Esq.
REESE LLP
100 South 5th Street, Suite 1900
Minneapolis, Minnesota 55402
Email: cmoore@reesellp.com
- and -
George V. Granade, Esq.
REESE LLP
8484 Wilshire Boulevard, Suite 515
Los Angeles, California 90211
Phone: (310) 393-0070
Email: ggranade@reesellp.com
- and -
Jason P. Sultzer, Esq.
Daniel Markowitz, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Phone: (845) 483-7100
Email: sultzerj@thesultzerlawgroup.com
markowitzd@thesultzerlawgroup.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Road, Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
- and -
Trenton R. Kashima, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
401 West C St., Suite 1760
San Diego, California 92101
Phone: (714) 651-8845
Email: tkashima@milberg.com
- and -
Russell Busch, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, New York 10022
Phone: (630) 796-0903
Email: rbusch@milberg.com
MY TRUE IMAGE: Gonzalez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against My True Image
Manufacturing, Inc. The case is styled as Yanilza Gonzalez, on
behalf of herself and all others similarly situated v. My True
Image Manufacturing, Inc., Case No. 1:23-cv-11130 (S.D.N.Y., Dec.
22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
True Image Manufacturing, Inc. doing business as Design Veronique
-- https://www.designveronique.com/ -- presents a unique line of
Maternity and postpartum intimate clothing, designed to support a
women's body as she transitions into motherhood.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
NATIONAL ASSOCIATION: Umpa Sues Over Federal Antitrust Law Breaches
-------------------------------------------------------------------
DANIEL UMPA, on behalf of himself and all others similarly
situated, Plaintiff v. THE NATIONAL ASSOCIATION OF REALTORS,
HOMESERVICES OF AMERICA, INC., BHH AFFILIATES, LLC, HSF AFFILIATES,
LLC, THE LONG & FOSTER COMPANIES, INC., KELLER WILLIAMS REALTY,
INC., COMPASS, INC., EXP WORLD HOLDINGS, INC., EXP REALTY, LLC,
REDFIN CORPORATION, WEICHERT REALTORS, UNITED REAL ESTATE, HANNA
HOLDINGS, INC, DOUGLAS ELLIMAN, INC., DOUGLAS ELLIMAN REALTY, LLC,
AT WORLD PROPERTIES, LLC, THE REAL BROKERAGE, INC., REAL BROKER,
LLC, REALTY ONE GROUP, INC., HOMESMART INTERNATIONAL, LLC
Defendants, Case No. 4:23-cv-00945-FJG (W.D. Mo., December 27,
2023) accuses the Defendants of violating the federal antitrust
law.
The Plaintiff brings this action against the National Association
of Realtors and thirteen of the largest families of national real
estate brokerages, brokerage owners, and franchisors in the United
States for agreeing, combining and conspiring to impose, implement
and enforce anticompetitive restraints that cause home sellers to
pay inflated commissions on the sale of their homes.
Headquartered in Chicago, IL, NAR has over 1.5 million individual
members and is one of the largest lobbying groups in the country,
advocating for the interests of real estate brokers. NAR oversees
54 state and territorial realtor associations and around 1,200
local realtor associations are members of, and overseen by, NAR.
The Plaintiff is represented by:
Benjamin D. Brown, Esq.
Robert A. Braun, Esq.
Brian E. Johnson, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Fifth Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: bbrown@cohenmilstein.com
rbraun@cohenmilstein.com
BEJohnson@cohenmilstein.com
- and -
Daniel Silverman, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
769 Centre Street Suite 207
Boston, MA 02130
Telephone: (617) 858-1990
E-mail: dsilverman@cohenmilstein.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
- and -
Rio S. Pierce, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
E-mail: riop@hbsslaw.com
- and -
Nathan Emmons, Esq.
Jeannie Evans, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
455 North Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
Telephone: (708) 628-4949
E-mail: nathane@hbsslaw.com
jeannie@hbsslaw.com
- and -
Marc M. Seltzer, Esq.
Steven G. Sklaver, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 789-3100
E-mail: mseltzer@susmangodfrey.com
ssklaver@susmangodfrey.com
- and -
Beatrice C. Franklin, Esq.
SUSMAN GODFREY L.L.P.
1301 Avenue of the Americas
32nd Floor
New York, NY 10019
Telephone: (212) 336-8330
E-mail: bfranklin@susmangodfrey.com
- and-
Matthew R. Berry, Esq.
Floyd G. Short, Esq.
Alexander W. Aiken, Esq.
SUSMAN GODFREY L.L.P.
401 Union St., Suite 3000
Seattle, WA 98101
Telephone: (206) 516-3880
E-mail: mberry@susmangodfrey.com
fshort@susmangodfrey.com
aaiken@susmangodfrey.com
NATIONSTAR MORTGAGE: Garrigo Files Suit in N.D. Texas
-----------------------------------------------------
A class action lawsuit has been filed against Nationstar Mortgage
LLC. The case is styled as Jose Ignacio Garrigo, individually and
on behalf of all others similarly situated v. Nationstar Mortgage
LLC doing business as: Mr. Cooper, Case No. 3:23-cv-02842-L (N.D.
Tex., Dec. 22, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Nationstar Mortgage LLC, doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
NEW YORK, NY: 1600 Nelson Sues Over Unlawfully Taken Property
-------------------------------------------------------------
1600 Nelson Avenue Housing Development Fund Corporation,
individually and on behalf of those individuals and families
entitled to homeownership and/or occupancy in its housing project
developed pursuant to Article XI of the New York State Private
Housing Finance Law; and each of ISABEL ADON, WALKIRIA COLON,
RAFAEL COTTO, ERENIA FERMIN GUZMAN, LORANI GARCIA, JOSE GONZALEZ,
JOSE JUNIOR GONZALEZ, MATILDE GONZALEZ, VIOLETA GUERRERO KENIA
MINIER, YADIRA POLANCO, GILBERTO RIVERA, DINORA VELASQUEZ and DORIS
VELASQUEZ, individually and on behalf of all other
similarly-situated persons v. CITY OF NEW YORK, ADOLFO CARRION, Jr.
(Commissioner of the New York City Department of Housing
Preservation and Development), and PRESTON NIBLACK (Commissioner of
the New York City Department of Finance), NEIGHBORHOOD RESTORE
HOUSING DEVELOPMENT FUND CORPORATION, and BRONX PRO GROUP, LLC,
Case No. 1:23-cv-09616 (S.D.N.Y., Nov. 1, 2023), is brought seeking
to recover their homes and other private properties--i.e., their
homestead, real, personal and other tangible and intangible private
property appurtenant thereto and the value thereof (collectively
"Plaintiffs' Properties" or the "properties") that were unlawfully
taken by the City through seizures of said properties under a
program that the City has described and advanced since 1996 as its
Third Party Transfer Program (the "TPT Program").
The seizures of Plaintiffs' Properties under and for the TPT
Program violated and continues to violate the Takings Clause of the
Fifth Amendment (as made applicable to the states through the
Fourteenth Amendment) thereof, the Equal Protection Clause ofthe
Fourteenth Amendment (Section 1) thereof, the Due Process Clause of
the Fourteenth Amendment (Section l) thereof, and the protections
afforded provided private property owners thereunder against
unconstitutionally excessive fines (under the Eighth Amendment
thereof). In addition and at all relevant times, the law under
which the City has been permitted to enforce said seizures and
unlawful takings of private property, including Plaintiffs'
Properties violated the 14th Amendment prohibition against the
deprivation of property without due process of law, says the
complaint.
The Plaintiff HDFC is a cooperative corporation, for the purpose of
housing improvement and long-term affordable homeownership for and
families.
Municipal Defendants are the City and its agents, including the
Commissioner(s) of HPD and the Commissioner(s) of DOF, who have
administered and operated the TPT Program by selecting and seizing
numerous properties pursuant to The Local Law, or that or who
otherwise contribute and participate in the scheme to take
Plaintiffs' Properties without just compensation and otherwise
illegally or unlawfully.[BN]
The Plaintiff is represented by:
Himmelstein McConnell, Esq.
GRIBBEN & JOSEPH LLP
15 Maiden Lane — Suite 1700
New York, NY 10038-4003
Phone: 212.349.3000
NORTHWEST OUTLET: Wahab Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Northwest Outlet,
Inc. The case is styled as Angela Wahab, on behalf of herself and
all others similarly situated v. Northwest Outlet, Inc., Case No.
1:23-cv-11118 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Northwest Outlet -- https://www.northwestoutlet.com/ -- provides a
full line of sporting goods - from fishing and hunting items,
camping gear, footwear, clothing and outerwear.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
ONCE UPON A BOOK: Wahab Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Once Upon a Book
Club, LLC. The case is styled as Angela Wahab, on behalf of herself
and all others similarly situated v. Once Upon a Book Club, LLC,
Case No. 1:23-cv-11120 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Once Upon a Book Club -- https://www.onceuponabookclub.com/ -- is a
unique, interactive online community that offers a monthly
subscription service where readers will receive a monthly box in
the mail containing a newly released book to read for the month,
along with 3-5 individually wrapped gifts.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
ORBALLO STUDIO: Murillo Sues Over Unpaid Overtime Wages
-------------------------------------------------------
Ramon Murillo, Alex Gamio, Carlos Murillo, Nelson, Andino, and
Angel Murillo, on behalf of themselves and all others similarly
situated v. ORBALLO STUDIO, LLC f/k/a DESIGN E'TE, LLC, a Florida
for profit Corporation, MARIBEL MUNIZ, an individual, and JOAO
CARLOS ROCHA, an individual, Case No. 1:23-cv-24888-XXXX (S.D.
Fla., Dec. 26, 2023), is brought under the Fair Labor Standards Act
("FLSA") for wage violations arising out of Defendants' intentional
misclassification of their employees as Independent Contractors and
unpaid overtime wages in violation of the FLSA.
The Plaintiffs were never paid 1.5 times their hourly rate for the
hours he worked, over 40 hours in a week. The Plaintiffs tracked
their hours and would submit the hours worked to Defendants for
payment. The Defendants were in absolute control of their schedule
and activities. The Defendants knew the hours that Plaintiffs and
other similarly situated individuals were working. Therefore,
Defendants willfully failed to pay Plaintiffs overtime wages, at
the rate of time and a half their regular rate, for every hour that
he worked in excess of 40. As a result of Defendants, reckless
disregard of the laws, Plaintiffs had to hire counsel to bring this
lawsuit. The Plaintiffs seek to recover unpaid overtime wages for
every hour worked over 40 during their employment, liquidated
damages, and any other relief as allowable by law, says the
complaint.
The Plaintiffs worked for ORBALLO and were an employee of ORBALLO
and misclassified as an independent contractor.
ORBALLO, is a for profit limited liability company formed and
organized under the laws of Florida.[BN]
The Plaintiff is represented by:
Suhaill M. Morales, Esq.
SMM Law P.A.
5803 NW 151 Street, Suite 205
Miami Lakes, FL 33014
Phone: 305-518-7026
Email: Smorales@smmlawfirm.com
OSCAR INS: Bhasin Files Suit in Fla. Cir. Ct.
---------------------------------------------
A class action lawsuit has been filed against Oscar Ins. Co. of
Fla. The case is styled as Nikhil Bhasin, individually and on
behalf of all those similarly situated v. Oscar Ins. Co. of Fla.,
Case No. CACE23022882 (Fla. Cir. Ct., Broward Cty., Dec. 26,
2023).
Oscar Insurance Company of Florida -- https://www.hioscar.com/ --
sells health insurance in 21 states and offers unique telehealth
options.[BN]
The Plaintiff is represented by:
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: 954-907-1136
Email: zane@jibraellaw.com
POLISH ON PEARL: Lee Sues Over Nail Technicians' Unpaid Wages
-------------------------------------------------------------
Elexis Lee, on behalf of herself and all other Plaintiffs similarly
situated, known and unknown Plaintiff v. Polish on Pearl, Inc., a
Colorado Corporation and Amanda Van't Hul, individually, Case No.
1:23-cv-03343 (D. Colo., Dec. 19, 2023) is a class action brought
against the Defendants under the Fair Labor Standards Act, the
Colorado Minimum and Pay Standards Order, the Colorado Wage Act,
and the Denver Citywide Minimum Wage Ordinance due to alleged
unlawful labor practices.
The Plaintiff worked for POP as a nail technician from
approximately March 2023 to December 2023. She asserts the
Defendants' failure to pay minimum wages and overtime compensation
and engagement in unlawful wage deductions.
Polish on Pearl, Inc. is a Colorado corporation that owns and
operates a beauty and nail salon by the same name.[BN]
The Plaintiff is represented by:
Samuel D. Engelson, Esq.
BILLHORN LAW FIRM
53 W. Jackson Blvd., Suite 1137
Chicago, IL 60604
Telephone: (312)-853-1450
- and -
John William Billhorn, Esq.
BILLHORN LAW FIRM
7900 E. Union Ave., Suite 1100
Denver, CO 80237
Telephone: (720)-386-9006
PRIME STRUCTURE: Hernandez Sues Over Unpaid Overtime Compensation
-----------------------------------------------------------------
Alejandro Rivera Hernandez, on behalf of himself and others
similarly situated v. PRIME STRUCTURE, INC., PRIME STRUCTURE NY,
INC., NYC BEST SQUAD CONSTRUCTION CORP, MARATHON BUILDERS, INC.,
BIG APPLE DESIGNERS NY LLC, GOLD EDGE CONTRACTORS INC., ISREAL
STERN, and SUBCONTRACTORS 1-50, Case No. 1:23-cv-09487 (E.D.N.Y.,
Dec. 26, 2023), is brought pursuant to the Fair Labor Standards Act
("FLSA") and the New York Labor Law ("NYLL") that he and others
similarly situated are entitled to recover from Defendants: unpaid
overtime premiums; unpaid wages, including overtime compensation,
due to time-shaving, unpaid wages, including overtime compensation,
due to an impermissible policy of rounding, liquidated damages, and
attorneys' fees and costs.
Throughout Plaintiff's employment, Defendants failed to properly
compensate Plaintiff and similarly situated employees' proper
overtime premiums for time worked in excess of 40 hours per week as
clearly indicated on Plaintiff's pay stub. Both the FLSA and NYLL
require that non-exempt employees are entitled to overtime premiums
of time and a half of their regular hourly rate for all hours
worked exceeding 40 hours during any particular week. Similarly,
FLSA Collective Plaintiffs and Class members were also not paid
overtime premiums, says the complaint.
The Plaintiff was employed by Defendants as a laborer.
PRIME STRUCTURE INC. is a domestic corporation organized under the
laws of the state of New York.[BN]
The Plaintiff is represented by:
CK Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Phone: 212-465-1188
Fax: 212-465-1181
QUAKER OATS: Herendeen Sues Over Unsafe Granola Products
--------------------------------------------------------
TERESA HERENDEEN, individually on behalf of herself, and on behalf
of all others similarly situated, Plaintiff v. THE QUAKER OATS
COMPANY, Defendant, Case No. 1:23-cv-17103 (N.D. Ill., December 27,
2023) arises from the Defendant's failure to ensure the quality and
safety of its granola products leading to the recall of over 90
different formulations of Defendant's products due to bacterial
contamination concerns.
Plantiff Herendeen asserts claims against the Defendant's
negligence, breach of express warranty, breach of implied warranty
of merchantability, fraudulent misrepresentation, fraud by
omission, and unjust enrichment.
The Quaker Oats Company manufactures, markets, advertises, labels,
and distributes granola products across the country and
internationally. [BN]
The Plaintiff is represented by:
Roy T. Willey IV, Esq.
Blake G. Abbott, Esq.
Paul J. Doolittle, Esq
POULIN I WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: blake.abbott@poulinwilley.com
paul.doolittle@poulinwilley.com
RB HEALTH: Page Product Liability Suit Transferred to E.D.N.Y.
--------------------------------------------------------------
The case styled Martha A. Page, on behalf of herself and all others
similarly situated, Plaintiff v. RB HEALTH (US) LLC, KENVUE INC.,
MCNEIL CONSUMER HEALTHCARE, JOHNSON & JOHNSON CONSUMER, INC.
Defendants, Case No. 2:23-cv-20962, was transferred from the United
States District Court for the District of New Jersey to the United
States District Court for the Eastern District of New York on
December 19, 2023.
The Clerk of Court for the Eastern District of New York assigned
Case No. 1:23-cv-09290 to the proceeding.
By this complaint, Plaintiff seeks to remedy harms on behalf of
herself and all similarly situated individuals who purchased
over-the-counter nasal decongestant products containing
phenylephrine developed, marketed, distributed, sold and/or
manufactured by Defendants. She asserts that Defendants'
misrepresentations regarding the products are false, misleading,
and likely to deceive the public.
RB Health (US) LLC is a healthcare company based in Parsippany, New
Jersey.[BN]
The Plaintiff is represented by:
James E. Cecchi, Esq.
CARELLA, BYRNE, CECCHI, BRODY, & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
- and -
Cari Campen Laufenberg, Esq.
Derek W. Loeser, Esq.
KELLER ROHRBACK LLP
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: claufenberg@kellerrohrback.com
dloeser@kellerrohrback.com
REVCORE RECOVERY: Norfleet Files Suit in S.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against RevCore Recovery
Center Manhattan LLC, et al. The case is styled as Zoryha Norfleet,
Lisa Abbas and Valerie Janowski, on behalf of themselves and all
others similarly situated v. REVCORE RECOVERY CENTER MANHATTAN LLC,
REVCORE RECOVERY CENTER OF QUEENS LLC, REVCORE NYCATS LLC, and
REVCORE HOLDINGS LLC, Case No. 617754/2023 (N.Y. Sup. Ct., Nassau
Cty., Nov. 1, 2023).
The case type is stated as "Tort-Other."
RevCore -- https://revcorerecovery.com/ -- offers personalized,
comprehensive outpatient treatment, community-wide advocacy, and
behavioral health education throughout the five boroughs of
NYC.[BN]
The Plaintiff is represented by:
Troy L. Kessler, Esq.
Tana Forrester, Esq.
Garrett Kaske, Esq.
KESSLER MATURA PC
534 Broadhollow Road, Suite 275
Melville, NY 11747
Phone: (631) 499-9100
RIPPLE LABS: Kraken Bids to Intervene XRP Securities Class Suit
---------------------------------------------------------------
David Pimentel of Block Tribune reports that major U.S.
cryptocurrency exchange Kraken has entered the ongoing legal
dispute between Ripple and investors over the status of XRP. Kraken
filed a motion to intervene in the case in order to protect the
privacy of its customers' personal trading information.
The class action lawsuit was brought by plaintiff Bradley Zakinov,
who alleges that Ripple issued XRP as an unregistered security.
However, Ripple argues that XRP should be classified as a currency
like Bitcoin rather than a security. Despite Ripple's challenges,
the case has continued as a class action certified by Judge Phyllis
Hamilton.
In July, Ripple scored a key victory when a court dismissed the
SEC's claim that XRP is a security. The ruling established that XRP
is not a security, setting an important precedent for digital token
regulation in the US. However, the legal battle is still ongoing.
Kraken's involvement adds a new dimension, as the exchange is
fighting a court order that would require revealing customers'
identities and XRP transaction records. Prioritizing user privacy
over compliance, Kraken aims to safeguard sensitive client data
through its motion to intervene.
The case also has wider implications, as the ultimate
classification of XRP could influence other cryptocurrencies. While
Ripple denies any unlawful securities issuance, Kraken's
participation highlights the exchange's commitment to privacy amid
this pivotal debate around regulations for the crypto industry. All
eyes are now on whether Judge Hamilton will agree with the earlier
ruling that XRP is not a security. The outcome will impact both
Ripple and the future of cryptocurrency in the US market. [GN]
ROBLOX CORPORATION: DCPF Suit Transferred to N.D. Cal.
------------------------------------------------------
The case captioned as DeKalb County Pension Fund, individually and
on behalf of all others similarly situated v. Roblox Corporation,
David Baszucki, Michael Guthrie, Craig Donato, Eliza Jacobs, Case
No. 1:23-cv-10347 was transferred from the U.S. District Court for
the Southern District of New York, to the U.S. District Court for
the Eastern District of New York on Dec. 26, 2023.
The District Court Clerk assigned Case No. 3:23-cv-06618-RS to the
proceeding.
The nature of suit is stated as Securities/Commodities for
Securities Exchange Act.
Roblox Corporation -- http://corp.roblox.com/-- is an American
video game developer based in San Mateo, California.[BN]
The Plaintiff is represented by:
Francis Paul McConville, Esq.
LABATON & SUCHAROW LLP (NYC)
140 Broadway, 34th Floor
New York, NY 10005
Phone: (212) 907-0650
Fax: (212) 818-0477
Email: fmcconville@labaton.com
The Defendants are represented by:
Elena Hadjimichael, Esq.
FRESHFIELDS BRUCKHAUS DERINGER US LLP
855 Main Street
Redwood City, CA 94063
Phone: (650) 618-9250
Email: elena.hadjimichael@freshfields.com
ROCKLAND CHIC BOUTIQUE: Gonzalez Files ADA Suit in S.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Rockland Chic
Boutique, Inc. The case is styled as Yanilza Gonzalez, on behalf of
herself and all others similarly situated v. Rockland Chic
Boutique, Inc., Case No. 1:23-cv-11132 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rockland Chic Boutique, Inc. -- https://www.chicboutiqueny.com/ --
is one of the largest formal wear retailers.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
RUBY AND JENNA: Karim Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Ruby and Jenna, LLC.
The case is styled as Jessica Karim, on behalf of herself and all
others similarly situated v. Ruby and Jenna, LLC, Case No.
1:23-cv-11148 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ruby and Jenna, LLC -- https://www.rubyandjenna.com/ -- offers
trendy, contemporary clothing for the young and young-minded.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
RXC ACQUISITION: Hernandez Suit Transferred to W.D. Pennsylvania
----------------------------------------------------------------
The case captioned as Donna Hernandez, individually and on behalf
of all similarly situated individuals v. RxC Acquisition Company,
UNKNOWN PARTIES, Does 1- 10, Case No. 2:23-cv-00727 was transferred
from the U.S. District Court for the Middle District of Florida, to
the U.S. District Court for the Eastern District of New York on
Dec. 22, 2023.
The District Court Clerk assigned Case No. 2:23-cv-02154-RJC to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act for Denial of Overtime Compensation.
RXC Acquisition Company was founded in 2018. The company's line of
business includes providing business consulting services on a
contract and fee basis.[BN]
The Plaintiff is represented by:
Jacob R Rusch, Esq.
Zackary S Kaylor, Esq.
Timothy J. Becker, Esq.
JOHNSON BECKER PLLC
444 Cedar St., Ste. 1800
St. Paul, MN 55101
Phone: (612) 436-1800
Fax: (612) 436-1801
Email: jrusch@johnsonbecker.com
tbecker@johnsonbecker.com
- and -
Richard Phillip Traulsen
BEGAM MARKS & TRAULSEN PA
11201 N Tatum Blvd., Ste. 110
Phoenix, AZ 85028
Phone: (602) 254-6071
Fax: (602) 252-0042
Email: rtraulsen@BMT-law.com
The Defendants are represented by:
Amy Jo Gittler, Esq.
JACKSON LEWIS PC - PHOENIX, AZ
2111 E Highland Ave., Ste. B250
Phoenix, AZ 85016
Phone: (602) 714-7044
Fax: (602) 714-7045
Email: gittlera@jacksonlewis.com
SARATOGA COUNTY, NY: Steele Files Suit in N.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Saratoga County, New
York, et al. The case is styled as Alice Steele, on behalf of
themself and on behalf of others similarly situated v. Saratoga
County, New York, Andrew Jarosh, State of New York, Case No.
1:23-cv-01615-MAD-TWD (N.D.N.Y., Dec. 22, 2023).
The nature of suit is stated as Constitutional - State Statute for
Violation 5th & 8th Amendme.
Saratoga County -- https://www.saratogacountyny.gov/ -- is a county
in the U.S. state of New York, and is the fastest-growing county in
Upstate New York.[BN]
The Plaintiff is represented by:
Steven E. Cole, Esq.
ADAMS LECLAIR LLP
1200 Bausch & Lomb Place
Rochester, NY 14604
Phone: (585) 327-4100
Fax: (585) 327-4200
Email: scole@adamsleclair.law
SARATOGA COUNTY, NY: Sued Over Unconstitutional Foreclosure Law
---------------------------------------------------------------
Erik Uebelacker of Courthouse News Service reports that a New
Yorker claims the state unjustly took her property using its
foreclosure law which she calls unconstitutional in a federal class
action.
Ballston Spa resident Alice Steele claims her Saratoga County home
was foreclosed this year due to unpaid taxes. The county then sold
her property to the state at auction for $112,100, producing a
surplus Steele claims was "above and beyond the amount lawfully
owed by plaintiff for delinquent taxes and charges."
New York never returned the excess to her, which she says violates
the Fifth Amendment of the U.S. Constitution's taking clause.
"The Constitution's taking Ccause prohibits the 'taking of property
without just compensation,'" Steele claims in the lawsuit. "The
prohibition is not against states enacting laws to collect taxes
and other obligations, which is permitted to satisfy the citizen's
taxes. It is against taking more than is owed, as is happening in
this case."
Filed Dec. 22 but made publicly available on December 26, 2023,
Steele's 24-page lawsuit targets a provision of New York real
property tax law that she claims allows proceeds from the sale of
foreclosed property to be kept by the state, in excess of taxes
owed. This not only violates the taking clause, but numerous other
articles in both the U.S. and New York constitutions.
"This creates the constitutional violation here, because that the
citizen's property is foreclosed in a way that the citizen loses
all right to the property, including any property value in excess
of the taxes owed by the individual to the taxing entity," Steele
continues in the lawsuit, claiming New York came up with the
provision to "make money for nothing."
"It foreclosed on delinquent taxes and other legitimate
obligations, which it can do," Steele says. "But then New York used
this very frequent situation of foreclosures to enact a statute
that 'allowed' it to keep all the money from the foreclosure. Not
just the amount owed, but everything. Even the homeowner's excess
equity."
Steele cites U.S. Supreme Court case Tyler v. Hennepin County, a
ruling from this past May that found surplus equity to be a
"fundamental right" that is "not founded solely in state law and
cannot be taken away by enactment of a state statute."
"In Tyler v. Hennepin County, the United States Supreme Court, in a
9-0 decision, declared unconstitutional state laws like New York's
that authorize and result in the practice of taking and retaining
excess proceeds of tax foreclosures and tax sales," Steele claims.
The Tyler decision involved Minnesota state law, but New York and
at least 13 other states have similar laws surrounding foreclosure
that could be impacted by the ruling. Steele claims it's a
"straightforward" decision that clearly applies to New York, too.
Steele also claims that New York's foreclosure laws violate the
Eighth Amendment of the U.S. Constitution, which bars "excessive
fines" as government punishments. Taking excess equity is just
that, Steele says, since the amounts collected "had no correlation
to the amount owed to the government."
Defendants include Saratoga County, the state of New York and
Saratoga County Treasurer Andrew Jarosh. Steele brings the case on
behalf of herself and all New Yorkers who were not given their
excess taxes owed on their foreclosed properties in the state over
the past six years. She seeks a return of the excess and an order
blocking the provision.
Attorney Steven Cole of Adams Leclair in Rochester, New York,
represents Steele. [GN]
SHOE PALACE: Kim Sues Over Website's Inaccessibility
----------------------------------------------------
SON KIM, on behalf of himself and all others similarly situated,
Plaintiff v. SHOE PALACE CORPORATION, Defendant, Case No.
3:23-cv-06632-TSH (N.D. Cal., December 27, 2023) alleges violations
of the Americans with Disabilities Act and the California's Unruh
Civil Rights Act.
The ADA violations arises from its Defendant's failure to design
its website, www.shoeplace.com, to be fully and equally accessible
to blind and visually impaired consumers, says the suit.
Headquartered in California, Shoe Place Corporation sells shoes,
apparel and accessories through its physical stores and its
website. [BN]
The Plaintiff is represented by:
Robert Sibilia, Esq.
OCEANSIDE LAW CENTER APC
28202 Cabot Road, Ste. 300
Laguna Niguel, CA 92677
Telephone: (760) 666-1151
Facsimile: (818) 698-0300
SHOPIFY INC: 9th Circuit Affirms Dismissal of Data Privacy Suit
---------------------------------------------------------------
Stephanie Bedard of JD Supra reports that in a jurisdictional win
for online servicers and web-based platforms, the Ninth Circuit
affirmed the dismissal of a putative class action alleging that
Shopify violated California privacy and unfair competition laws by
deliberately concealing its involvement in online transactions.
Briskin v. Shopify, Inc., 87 F.4th 404 (9th Cir. 2023). The Ninth
Circuit affirmed that the district court in California lacked
personal jurisdiction because Shopify did not expressly aim its
conduct towards the state.
Californian plaintiff, Brandon Briskin, allegedly purchased fitness
apparel from the website of a California-based retailer, using his
phone, while physically located in California. Shopify, Inc., which
is headquartered and incorporated in Canada, processed the
transaction on behalf of the California retailer. Briskin alleged
that Shopify:
-- collected his personal and credit card information and
stored it for later use and analysis;
-- installed cookies on Briskin's phone;
-- connected Briskin's browser to Shopify's network;
-- generated payment forms requiring Briskin to enter personal
identifying information;
-- transmitted Briskin's payment information to a second
payment processor; and
-- used his information to create consumer profiles, which were
then shared with other merchant and business partners.
Briskin brought the lawsuit against Shopify and two of its
wholly-owned subsidiaries, neither of which was headquartered or
incorporated in California either (together, "Shopify"). Shopify
moved to dismiss the allegations for lack of personal jurisdiction,
and the district court agreed and dismissed the operative complaint
without leave to amend.
Because it was undisputed the district court did not have general
jurisdiction over any of the defendants, the Ninth Circuit looked
to whether the court could exercise specific jurisdiction, which
required the plaintiff to show that (1) Shopify directed activities
toward, or purposefully availed itself of the privileges of
conducting activities in, the forum state and (2) the claims arose
out of or related to Shopify's contacts with the state of
California. (citing Axiom Foods, Inc. v. Acerchem Int'l, Inc., 874
F.3d 1064, 1068 (9th Cir. 2017)).
Applying the test established by the U.S. Supreme Court in Calder
v. Jones, 465 U.S. 783 (1984), the Court of Appeals determined that
Briskin could not show that Shopify – a nationwide web-based
sales platform – had expressly aimed its conduct towards the
state of California. The Ninth Circuit held that Briskin's claims
did not arise out of any of Shopify's broader business actions in
the state, such as contracts with California merchants, physical
Shopify offices and fulfillment centers in California, or other
forum-related activities.
Even though Shopify "knowingly profit[ed] from consumers in the
forum state," the Court of Appeals held that alone was not
sufficient to show that Shopify expressly aimed its conduct toward
California, particularly when there were no allegations that
Shopify (1) "alter[ed] its data collection activities based on the
location of a given online purchaser" or (2) prioritized or
specifically targeted California customers.
In so ruling, the Ninth Circuit distinguished cases such as
Briskin, which involved only online services, from recent decisions
such as Herbal Brands, Inc. v. Photoplaza, Inc., 72 F.4th 1085 (9th
Cir. 2023), which involved the physical delivery of products in the
forum state. In Herbal Brands, the Court of Appeals held that an
Arizona district court had jurisdiction over claims that Herbal
Brands brought against New York-based Amazon merchants because
those sellers had sold physical products to Arizona customers.72
F.4th at 1088.
Takeaways: The Shopify decision will likely have broad implications
for web-based platforms. Under the Ninth Circuit's reasoning,
providing online services to a customer in the forum state may not
be sufficient to establish jurisdiction unless there is evidence
the payment processor or other servicer directly targeted or sold
physical products to purchasers in the forum state. As a practical
matter, at least in the Ninth Circuit, online servicers and
web-based platforms remain most likely to face litigation in the
jurisdictions where they are headquartered or incorporated. [GN]
SIX FLAGS: Faces Class Action Suit Over ADA Violations
------------------------------------------------------
Alan Riquelmy of Courthouse News Service reports that a California
Army veteran accused Six Flags and Magic Mountain of violating the
Americans with Disabilities Act in a class action filed on December
26, 2023, claiming that they require disabled people to pass
through a series of bureaucratic steps before visiting their
amusement parks.
After taking those steps, and securing an Individual Accessibility
Card, the veteran said he then experienced "public humiliation"
when, on one occasion, a park employee ripped up his card.
The veteran, identified in the suit as "I.L.", asked for a judge to
certify the class and an order stating the companies' conduct
violated the law, as well as for compensatory, statutory and
punitive damages.
The veteran in his suit stated that Six Flags Entertainment Corp.
and Magic Mountain LLC discriminated against him by failing to
provide an opportunity to participate in their services and be free
from discrimination. They violated the Americans with Disabilities
Act, California's Unruh Civil Rights Act and the California
Disabled Persons Act, according to the plaintiff.
Guests with disabilities must give their information before a
visit, registering with the International Board of Credentialing
and Continuing Education Standards. The theme parks' "Attraction
Access Program," which requires guests to give sensitive personal
information and medical documentation, violates the Americans with
Disabilities Act, he wrote in the suit.
Guests must register online at least 48 hours before visiting a
park to get an Individual Accessibility Card.
"Particularly relevant here, public accommodations: (1) may not
impose 'eligibility criteria' that tend to screen out disabled
individuals; and (2) must make 'reasonable modifications in
polices, practices, or procedures, when such modifications are
necessary' to provide disabled individuals full and equal
enjoyment," the veteran wrote.
A representative for Six Flags couldn't immediately be reached for
comment.
The veteran -- a season ticket holder during the 2022-23 season at
Six Flags -- has several disabilities, including sciatic nerve
damage, post-traumatic stress disorder and a reflux disease. He has
difficulty grabbing objects, unsteady hands and diminished use of
his upper body, among other disabilities.
According to the veteran, in May 2022, he was told by a park
representative that he needed to go online and submit an
application for an Individual Accessibility Card. He completed the
steps, printed the card and brought a paper copy to Six Flags Magic
Mountain, in Valencia, California, in June 2022, during a birthday
celebration with his wife.
He then handed his documentation to an attendant at the park's
alternative entrance.
"However, upon doing so, the employee took plaintiff's paper card
and ripped it up into four pieces, then handed it back to plaintiff
and told him that he did 'not look disabled enough' to have the
listed accommodations, that he looked 'able-bodied,'" the veteran
wrote.
The veteran also experienced inappropriate treatment during July
and September 2022 visits.
In a November 2022 trip, he and his wife purposefully avoided
interacting with park staff. He only rode one ride. The veteran
didn't show his access card in a December 2022 trip, as he thought
staff would deny him accommodations, he wrote.
In June 2023, he went to Disneyland instead, as he didn't want
another birthday ruined over his disabilities and denial of
services, as well as the public humiliation. He last visited a
Magic Mountain park in September.
"Because disabled persons must gather the necessary medical
documentation and submit it with their application on the …
website prior to their park visit, persons with disabilities do not
have that same luxury afforded to nondisabled persons," the veteran
wrote. [GN]
SIX FLAGS: I.L. Files ADA Suit in E.D. California
-------------------------------------------------
A class action lawsuit has been filed against Six Flags
Entertainment Corp., et al. The case is styled as I.L.,
individually and on behalf of all others similarly situated v. Six
Flags Entertainment Corp., Magic Mountain LLC, Case No.
1:23-at-01058 (E.D. Cal., Dec. 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Six Flags Entertainment Corporation is an American amusement park
corporation, headquartered in Arlington, Texas.[BN]
The Plaintiff is represented by:
Neal J. Deckant, Esq.
Julia Kathryn Venditti, Esq.
BURSOR & FISHER P.A.
1900 California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (206) 491-2207
Fax: (925) 407-2700
Email: ndeckant@bursor.com
jvenditti@bursor.com
SOBER COMPANIONS: Krichmar Files Suit in Fla. Cir. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Sober Companions. The
case is styled as Ashlee Krichmar, an individual, on behalf of
herself and all similarly situated current and former employees of
Defendants v. Sober Companions, Kelly Knight, an individual; Does
1-10, business entit(ies), form(s) unknown; Does 11-20,
individual(s); Does 21-30, Inclusive; Case No. 23SMCV06039 (Fla.
Cir. Ct., Broward Cty., Dec. 26, 2023).
Sober Companions -- https://www.sobercompanions.com/ -- offer
personalized assistance, help clients stay sober, manage triggers
and cravings, and develop healthy coping strategies.[BN]
The Plaintiff is represented by:
Steven D. Waisbren, Esq., Esq.
LAW OFFICES OF STEVEN D. WAISBREN
5850 Canoga Ave., Suite 400
Woodland Hills, CA 91367
Phone: (818) 710-7102
Fax: (818) 532-1214
Email: steve@waisbrenlaw.com
SOCK DRAWER INC: Karim Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against The Sock Drawer, Inc.
The case is styled as Jessica Karim, on behalf of herself and all
others similarly situated v. The Sock Drawer, Inc., Case No.
1:23-cv-11152 (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Sock Drawer has fun, cool novelty socks for women, men and kids
online and at their shop.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
SOUTHWEST AIRLINES: Faces Medical History Requirement Class Suit
----------------------------------------------------------------
Cook County Record reports that a class action lawsuit has been
lodged against Southwest Airlines, making the airline the latest
large employer operating in Illinois to be targeted with a
potentially big money claim under the state's genetic information
privacy law for allegedly asking job applicants about their medical
histories.
"As a condition of employment, Defendant requires potential
employees to undergo a physical exam during which genetic
information in the form of their family medical history is
requested," says the suit, filed in Cook County Circuit Court.
The Illinois Genetic Information Privacy Act prohibits companies
from improperly collecting people's genetic information. The
lawsuit asserts this also prevents employees from asking potential
employees about their medical histories, according to the lawsuit.
"Genetic information, including familial health history, is a
uniquely private and sensitive form of personal information," the
lawsuit states. "The genetic information contained therein reveals
a trove of intimate information about that person's health, family,
and innate characteristics. In requiring prospective employees,
such as Plaintiff, to disclose their family medical histories,
Defendant has violated Plaintiff's and the other putative Class
members' statutory right to genetic privacy."
The suit seeks $15,000 for each intentional violation of the law
and $2,500 for each negligent violation plus attorney fees and
court costs.
The plaintiffs are represented by attorneys Timothy P. Kingsbury,
Andrew T. Heldut Colin P. Buscarini of McGuire Law P.C., of
Chicago. [GN]
STATE FARM: 5th Circuit Court Decertify Louisiana Driver Class Suit
-------------------------------------------------------------------
Jacklyn Wille of Bloomberg Law reports that lawsuit saying State
Farm Mutual Auto Insurance Co. shortchanges Louisiana drivers whose
cars have been totaled was incorrectly certified as a class action,
the Fifth Circuit ruled.
The class was defined to include drivers whose vehicles were valued
lower than they would have been under the National Automobile
Dealers Association Official Used Car Guide, but there are other
valuation methods that are equally legal and legitimate, the US
Court of Appeals for the Fifth Circuit said in a Dec. 22 opinion.
Because the class was defined using an "arbitrary choice of a
liability model," it doesn't satisfy federal. [GN]
STUHRLING ORIGINAL: Suarez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Stuhrling Original,
LLC. The case is styled as Alvin Suarez, on behalf of himself and
all others similarly situated v. Stuhrling Original, LLC, Case No.
1:23-cv-11143-MKV (S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Stuhrling Original LLC -- https://stuhrling.com/ -- operates as an
online store. The Company provides various styles of watches for
men and women, as well as offers shipping, return and exchange,
warranty, and repair services.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
SUGARED + BRONZED: Cohen Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Sugared + Bronzed,
LLC, et al. The case is styled as Jade Cohen, individually and on
behalf of all other Aggrieved Employees v. Sugared + Bronzed, LLC,
Does 1 to 50, Case No. 23STCV31338 (Cal. Super. Ct., Los Angeles
Cty., Dec. 22, 2023).
SUGARED + BRONZED -- https://sugaredandbronzed.com/ -- is the
nation's largest sugaring hair removal and sunless airbrush spray
tan destination.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Cathy Gonzalez, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Fax: 1-818-696-2307
Email: haig@hbklawyers.com
cathy@hbklawyers.com
TAYLOR COUNTY SCHOOL BOARD: Bellamy Files Suit in N.D. Florida
--------------------------------------------------------------
A class action lawsuit has been filed against TAYLOR COUNTY SCHOOL
BOARD FLORIDA. The case is styled as Amos Bellamy, Tommy B.
Williams, Willie E. Johnson, Charlie Mae Miller, Essie Mae
Anderson, Lillie M. Jones, Lessie M. Johnson, Mery Ann Jones, Annie
Lee Pigford, Shirley G. Curry, Veleta Curry, Ek Scott, Randolph
Woodfaulk, Wallace Nesbit, on behalf of themselves and all others
similarly situated v. TAYLOR COUNTY SCHOOL BOARD FLORIDA, their
successors and agents in their official capacities; BUCK MCLEOD,
chairman of the Taylor County School Board; WENDELL PARKER, vice
chairman of the Taylor County School Board; BILLY RICKETSON, member
of the taylor county school board; EDWARD HARVEY, member of the
Taylor County School Board; MICHAEL OSTEIN, member of the Taylor
County School Board, Case No. 4:83-cv-07124 (S.D.N.Y., Dec. 22,
2023).
The nature of suit is stated as Voting Civil Rights.
Taylor County School District provides free breakfast and lunch to
ALL students.[BN]
The Plaintiff appears pro se.
TUG HILL: Luna Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------
RANDY LUNA, individually and for others similarly situated v. TUG
HILL OPERATING, LLC is a collective action lawsuit brought by the
Plaintiff to recover unpaid overtime wages and other damages from
Tug Hill Operating under the Fair Labor Standards Act.
According to the complaint, Luna and the other day rate workers
regularly worked more than 40 hours a week. But Tug Hill did not
pay Luna and its other day rate workers overtime. Instead, Tug Hill
misclassified them as independent contractors and paid them a flat
amount for each day worked, regardless of the total number of hours
they worked in a workweek, says the suit.
Plaintiff Luna worked for Tug Hill as a safety coordinator in West
Virginia from approximately October 2021 until August 2023.
Tug Hill Operating, LLC is an oil & gas exploration company
headquartered in Ft. Worth, Texas.[BN]
The Plaintiff is represented by:
Anthony J. Majestro, Esq.
POWELL & MAJESTRO PLLC
405 Capitol Street, Suite 803
Charleston, WV 25301
Telephone: (304) 346-2889
Facsimile: (304) 346-2895
E-mail: amajestro@powellmajestro.com
- and -
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
WANABANA LLC: Bell Files Suit in S.D. Florida
---------------------------------------------
A class action lawsuit has been filed against Wanabana LLC, et al.
The case is styled as Jennifer Bell, Jennifer Buffan, Kaylee
Casillas, James Douglas, Jr., Charleta Hatchett, Jermaine Hoggard,
Jermaine Jackson, Javonney Kissi, Emmanuel Kissi, Michael Rozental,
Kelsey Scales, Rebecca Schuster, Emily Holmes Turner, Blake Turner,
Tammy Wagner, Thomas Wagner, Nancy Williamson, David Williamson,
individually and on behalf of themselves and all others similarly
situated v. Wanabana LLC, Wanabana USA LLC, Case No.
0:23-cv-62396-RLR (S.D.N.Y., Dec. 22, 2023).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
Wanabana LLC are a company focused on well-being and are dedicated
to the production, processing and finished product of fresh
fruit.[BN]
The Plaintiff is represented by:
Edward H. Maginnis, Esq.
Karl S. Gwaltney, Esq.
MAGINNIS HOWARD
7706 Six Forks Road, Suite 101
Raleigh, NC 27615
Phone: (919) 526-0450
Fax: (919) 882-8763
- and -
John Scarola, Esq.
Katherine Ann Kiziah, Esq.
SEARCY DENNEY SCAROLA BARNHART & SHIPLEY
2139 Palm Beach Lakes Boulevard
PO Drawer 3626
West Palm Beach, FL 33402-3626
Phone: (561) 686-6300
Fax: (561) 383-9451
Email: scarolateam@searcylaw.com
KKiziah@searcylaw.com
WM MIDDLE TENNESSEE: Martin Sues Over Unpaid Wages, Retaliation
---------------------------------------------------------------
DAVID MARTIN, BRITTANY BRACHEY, CHARLIE CREASY, WILL SMITH, BRITTON
VICKERS, and JULIE BEYOR, on behalf of themselves and all those
similarly situated, Plaintiffs v. WM MIDDLE TENNESSEE ENVIRONMENTAL
CENTER, LLC and HQ DIRECT, LLC, Defendants, Case No. 3:23-cv-01343
(M.D. Tenn., Dec. 19, 2023) is a collective action seeking unpaid
wages under the Fair Labor Standards Act as well as damages
relating to and resulting from the wrongful terminations of
Plaintiffs' employments with the Defendants in violation of the
Tennessee Public Protection Act.
The complaint alleges the Defendants' failure to pay Plaintiffs for
all minimum and overtime wages due to them. Specifically,
Defendants did not properly compensate Plaintiffs for hours worked
off the clock. The Defendants also terminated Plaintiffs'
employments because of their protected activities -- including but
not limited to Plaintiffs' refusals to remain silent about safety
violations and refusals to bury toxic waste that was clearly marked
for incineration that constitute illegal activities and close
associations with other employees who engaged in protected
activities, the suit says.
The Plaintiffs are former employees of WM and HireQuest Direct.
They worked for Defendants at the WM landfill and environmental
site located in Nashville, Tennessee.
WM MIDDLE TENNESSEE ENVIRONMENTAL CENTER, LLC is a Delaware company
registered to do business in Tennessee.[BN]
The Plaintiffs are represented by:
Delain L. Deatherage, Esq.
DLAW
1019 16th Avenue South
Nashville, TN 37212
Telephone: (615) 517-6008
E-mail: deatherage@dlaw-firm.com
ZEROED-IN TECHNOLOGIES: Neeley Files Suit in M.D. Florida
---------------------------------------------------------
A class action lawsuit has been filed against Zeroed-In
Technologies, LLC, et al. The case is styled as Thomas Neeley,
individually and on behalf of all others similarly situated v.
Zeroed-In Technologies, LLC, Dollar Tree, Inc., Case No.
2:23-cv-01219 (M.D. Fla., Dec. 26, 2023).
The nature of suit is stated Other Contract.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: nickc@lcllp.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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