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C L A S S A C T I O N R E P O R T E R
Friday, January 12, 2024, Vol. 26, No. 10
Headlines
3M COMPANY: AFFF & TOG Contain Toxic PFAS, Metz Class Suit Alleges
3M COMPANY: AFFF & TOG Contain Toxic PFAS, Worth Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Brinton Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Brown Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Carter Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Crimson Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Deering Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Garrison Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Godfrey Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Hall Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Herman Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Hughes Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Lee Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Ludlam Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Mally Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Merciez Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Mix Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Moser Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Norman Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Norris Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Pardue Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Pecevich Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Perky Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Pierce Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Quick Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Roper Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Rorke Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Scott Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Stroud Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Sysak Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Tanner Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Tatel Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Worden Class Suit Alleges
3M COMPANY: Foster Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Gill Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Green Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Harfman Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Viertel Sues Over Exposure to Film-Forming Foams
3M COMPANY: Wagner Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Warnick Sues Over Exposure to Toxic Chemicals
3M COMPANY: Watson Sues Over Exposure to Chemicals & Foams
3M COMPANY: Young Sues Over Exposure to Toxic Aqueous Foams
AEGIS SECURITY: Gamez Files Class Suit in Cal. State Court
ANGI HOMESERVICES: Shinkle Suit Removed to E.D. New York
ASURION INSURANCE: Tan Files Class Suit in Cal. State Court
BAKER CHIROPRACTIC: Trueba Files TCPA Suit in M.D. Florida
BLIND AMBITION: Sends Unwanted Telemarketing Calls, Miller Claims
BLOOMINGDALES.COM LLC: Daghaly Appeals Dismissal Order to 9th Cir.
CELTIC COMMUNICATIONS: Kuehn Sues Over Illegal Background Check
CHA GENERAL: Hoye & Jimenez Sue Over Fiduciary Duty Breach
CHURCH & DWIGHT: Website Inaccessible to Blind Users, Karim Says
CIELITO CORP: Palomar Sues Over Sexual Harassment & Wage Violations
CINFED FEDERAL: Davis Files Suit in S.D. Ohio
CITIBANK NA: Daibyan Files Suit in C.D. California
CITIBANK NA: Hakopyan Files Suit in C.D. California
ESO SOLUTIONS: Fails to Protect Health, Personal Info, Love Claims
ESO SOLUTIONS: Smith Sues Over Personal Injury Claim in W.D. Tex.
ESO SOLUTIONS: Todd Sues Over Breach of Contract in W.D. Texas
FLORIDA PREPAID: Faces Lavina Civil Rights Suit in S.D. Florida
GENERATIONS PAINTING: Perez-Garcia Files Suit in Cal. State Court
GOODLEAP LLC: Bueno Suit Removed to S.D. Florida
GROWIN ESTATE: Rosser Files TCPA Suit in M.D. Florida
GUEST SERVICES: Matthews Sues Over Unlawful Leave Pay Plan Terms
GUESTOLOGY GROUP: Fails to Pay Proper Wages, Casadeli Alleges
HANCOCK REGIONAL: Appeals Remand Ruling in Fleece Wiretapping Suit
HOLLY RIDGE, NC: Paul Sues Over Exposure to Mold
HOWARD LUTNICK: Siseles Files Suit in Del. Chancery Ct.
HYPHEN LLC: Layne Files FDCPA Suit in D. New Jersey
INSTRON INC: Faces Warren Torts Suit in Cal. Superior Court
INTEGRIANT VENTURES: Bishop Files TCPA Suit in E.D. Virginia
INTER & CO: Verri Sues Over Unsolicited Marketing Calls in Florida
LAWRENCE RECRUITING: Gilson Files Class Suit in Cal. State Court
MARRIOTT INT'L: Appeals Class Cert. Order in Data Breach Suit
MERCEDES-BENZ FINANCIAL: Dematties Sues Over Unfair Debt Collection
MILLAN ENTERPRISES: Wahab Sues Over ADA Violations in S.D.N.Y.
MINNESOTA: Sagataw Files Civil Rights Complaint in D. Minnesota
MR. COOPER: Joens Files Suit in M.D. Florida
MR. COOPER: Short Sues Over Failure to Secure and Safeguard PII
NATIONAL FOOTBALL: Franz Alleges Licensed Products' Conspiracy
NORTHWELL HEALTH: Lowery Sues Over Failure to Safeguard PII & PHI
PERRY JOHNSON & ASSOCIATES: Colon Sues Over Data Breach
PROGRESS SOFTWARE: Clarke Files Suit in W.D. New York
PROGRESS SOFTWARE: Mendez Files Property Damage Suit in S.D.N.Y.
REAL ESTATE BOARD: Friedman Sues Over Alleged Antitrust Conspiracy
REFRESCO BEVERAGES: Alonzo Files Suit in D. New Jersey
SEATTLE SERVICE: Rivera FDCPA Suit Removed to M.D. Florida
SHARKNINJA OPERATING: Potvin Sues Over Negligence
SLT LENDING SPV: Keifer Suit Transferred to C.D. Indiana
STANFORD HEALTH: Appeals Remand Ruling in Gibson Privacy Suit
SUMMIT PROTECTIVE: Gilson Files Class Suit in Cal. State Court
SUPERGOOP LLC: Dunning Sues Over Mislabeled Sunscreen Products
SUPERIOR STAFFING: Appeals Judgment in Voyles FLSA Suit to 5th Cir.
SUTTER HEALTH: O'Connor Sues Over Failure to Secure PII & PHI
UNITED AIRLINES: McKnight Suit Removed to N.D. Illinois
UNITED STATES: German Files Civil Class Suit in Cal. State Court
UNITED STATES: Sinkfield Suit Moved From E.D. Pa. to D. Minn.
UNITED STATES: Woodley Apppeals Ruling in Haggart Suit to Fed. Cir.
USA CARSHIP: Has Made Unsolicited Calls, Barrow-Rivas Suit Claims
VALET LIVING: Franklin Files Suit in Cal. Super. Ct.
VIRIBUS INC: Fails to Pay Overtime Wages, Duckwyler and Hurd Allege
Asbestos Litigation
ASBESTOS UPDATE: Judge Allows J&J Class Action Over Talc Disclosure
ASBESTOS UPDATE: Trane Subsidiaries May Remain in Bankruptcy
*********
3M COMPANY: AFFF & TOG Contain Toxic PFAS, Metz Class Suit Alleges
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PAUL METZ v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06337-RMG (D.S.C., Dec. 7, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) and firefighter
turnout gear (TOG) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Metz is a resident and citizen of Wisconsin. He regularly used,
and was thereby directly exposed to, AFFF and TOG in training and
to extinguish fires during his working career as a military and/or
civilian firefighter. He was diagnosed with prostate cancer and
ulcerative colitis as a result of exposure to the Defendants' AFFF
or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF & TOG Contain Toxic PFAS, Worth Class Suit Alleges
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MICHAEL WORTH v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06336-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Worth is a resident and citizen of Idaho. He regularly used,
and was thereby directly exposed to, AFFF and TOG in training and
to extinguish fires during his working career as a military and/or
civilian firefighter. He was diagnosed with renal cancer as a
result of exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Brinton Class Suit Alleges
----------------------------------------------------------------
ROSS BRINTON v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06382-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Ross Brinton is a resident and citizen of Oregon. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was diagnosed with thyroid cancer as a result of
alleged exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Brown Class Suit Alleges
--------------------------------------------------------------
LORRAINE BROWN, as Personal Representative/Administrator/Executor
of the Estate of FRANK A. BROWN III deceased, v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company), et al., Case No.
2:23-cv-06412-RMG (D.S.C., Dec. 11, 2023) is a class action seeking
for damages for personal injury and death resulting from exposure
to aqueous film-forming foams (AFFF) and firefighter turnout gear
(TOG) containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Frank A. Brown III was, at the time of death, an adult resident
and citizen of Saugus, Massachusetts. The Decedent regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter. Prior to death, the Decedent was diagnosed
with pancreatic cancer as a result of exposure to the Defendants'
AFFF products. The Decedent's diagnosis allegedly caused and/or
contributed to his death. The Decedent passed away on November 17,
2021.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Carter Class Suit Alleges
---------------------------------------------------------------
NICHOLAS CARTER v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06339-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Carter is a resident and citizen of Georgia. He regularly used,
and was thereby directly exposed to, AFFF and TOG in training and
to extinguish fires during his working career as a military and/or
civilian firefighter. He was diagnosed with testicular cancer as a
result of exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Crimson Class Suit Alleges
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KARA CRIMSON, as Surviving Spouse and Heir to the Estate of DAVID
CRIMSON deceased, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06415-RMG (D.S.C.,
Dec. 11, 2023) is a class action seeking for damages for personal
injury and death resulting from exposure to aqueous film-forming
foams (AFFF) and firefighter turnout gear (TOG) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. David Crimson was, at the time of death, an adult resident and
citizen of Bridgeton, Missouri. The Decedent regularly used, and
was thereby directly exposed to, AFFF in training and to extinguish
fires during his working career as a military and/or civilian
firefighter. Prior to death, the Decedent was allegedly diagnosed
with testicular cancer as a result of exposure to the Defendants'
AFFF products. The Decedent's diagnosis caused and/or contributed
to his death. The Decedent passed away on August 18, 2023.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Deering Class Suit Alleges
----------------------------------------------------------------
MICHAEL DEERING, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06383-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Michael Deering is a resident and citizen of Colorado.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF during his employment as a military and/or civilian
firefighter. The Plaintiff was allegedly diagnosed with testicular
cancer as a result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Garrison Class Suit Alleges
-----------------------------------------------------------------
MATTHEW GARRISON, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06350-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Garrison is a resident and citizen of Florida. He regularly
used, and was thereby directly exposed to, AFFF and TOG in training
and to extinguish fires during his working career as a military
and/or civilian firefighter. He was diagnosed with hypothyroidism
as a result of exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Godfrey Class Suit Alleges
----------------------------------------------------------------
MARIA QUINTANS GODFREY, as Personal
Representative/Administrator/Executor of the Estate of DONALD REID
GODFREY deceased v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06411-RMG (D.S.C.,
Dec. 11, 2023) is a class action seeking for damages for personal
injury and death resulting from exposure to aqueous film-forming
foams (AFFF) and firefighter turnout gear (TOG) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Donald Reid Godfrey was, at the time of death, an adult
resident and citizen of Chesapeake, Virginia. The Decedent
regularly used, and was thereby directly exposed to, AFFF in
training and to extinguish fires during his working career as a
military and/or civilian firefighter. Prior to death, the Decedent
was allegedly diagnosed with pancreatic cancer, prostate cancer, &
colon cancer as a result of exposure to the Defendants' AFFF
products. The Decedent's diagnosis caused and/or contributed to his
death. The Decedent passed away on August 11, 2022.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Hall Class Suit Alleges
-------------------------------------------------------------
STANLEY HALL v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06335-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Stanley Hall is a resident and citizen of North Carolina.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. The Plaintiff
Stanley Hall was diagnosed with prostate cancer as a result of
exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; and W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Herman Class Suit Alleges
---------------------------------------------------------------
THOMAS HERMAN v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06330-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Herman is a resident and citizen of New York. He regularly
used, and was thereby directly exposed to, AFFF and TOG in training
and to extinguish fires during his working career as a military
and/or civilian firefighter. He was diagnosed with prostate cancer
as a result of exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Hughes Class Suit Alleges
---------------------------------------------------------------
JOHN HUGHES v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06384-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff John Hughes is a resident and citizen of Florida. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
allegedly diagnosed with kidney cancer and prostate cancer as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Lee Class Suit Alleges
------------------------------------------------------------
PERRY LEE v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06385-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Perry Lee is a resident and citizen of Texas. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with thyroid disease as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Ludlam Class Suit Alleges
---------------------------------------------------------------
MELVIN LUDLAM v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06334-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Melvin Ludlam is a resident and citizen of Nebraska. He
regularly used, and was thereby directly exposed to, AFFF and TOG
in training and to extinguish fires during his working career as a
military and/or civilian firefighter. He was diagnosed with
prostate cancer and urinary incontinence as a result of exposure to
the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Mally Class Suit Alleges
--------------------------------------------------------------
LUCIA MALLY v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06386-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Lucia Mally is a resident and citizen of Colorado. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with thyroid disease as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Merciez Class Suit Alleges
----------------------------------------------------------------
TED MERCIEZ v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06387-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Ted Merciez is a resident and citizen of Michigan. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with thyroid disease as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Mix Class Suit Alleges
------------------------------------------------------------
JOHN MIX v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06388-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff John Mix is a resident and citizen of Alabama. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with thyroid disease as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Moser Class Suit Alleges
--------------------------------------------------------------
ROBERT MOSER v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06347-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Moser is a resident and citizen of Washington. He regularly
used, and was thereby directly exposed to, AFFF and TOG in training
and to extinguish fires during his working career as a military
and/or civilian firefighter. He was diagnosed with prostate cancer
as a result of exposure to the Defendants' AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Norman Class Suit Alleges
---------------------------------------------------------------
MICHAEL NORMAN v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06345-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Norman is a resident and citizen of North Carolina. He
regularly used, and was thereby directly exposed to, AFFF and TOG
in training and to extinguish fires during his working career as a
military and/or civilian firefighter. He was diagnosed with bladder
cancer as a result of exposure to the Defendants' AFFF or TOG
products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Norris Class Suit Alleges
---------------------------------------------------------------
GLENDA NORRIS, as Surviving Spouse and Heir to the Estate of JAMES
RAY NORRIS deceased, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06409-RMG (D.S.C.,
Dec. 11, 2023) is a class action seeking for damages for personal
injury and death resulting from exposure to aqueous film-forming
foams (AFFF) and firefighter turnout gear (TOG) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. James Ray Norris was, at the time of death, an adult resident
and citizen of St. Louis, Missouri. The Decedent regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter. Prior to death, the Decedent was allegedly
diagnosed with liver cancer & bladder cancer as a result of
exposure to the Defendants AFFF products. The Decedent's diagnosis
caused and/or contributed to his death. The Decedent passed away on
January 6, 2021.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Pardue Class Suit Alleges
---------------------------------------------------------------
RALPH PARDUE v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06331-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Pardue is a resident and citizen of South Carolina. He
regularly used, and was thereby directly exposed to, AFFF and TOG
in training and to extinguish fires during his working career as a
military and/or civilian firefighter. He was diagnosed with
prostate cancer as a result of exposure to the Defendants' AFFF or
TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: AFFF Contains Toxic PFAS, Pecevich Class Suit Alleges
-----------------------------------------------------------------
WALTER PECEVICH, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06390-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Walter Pecevich is a resident and citizen of Florida. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with thyroid disease as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Perky Class Suit Alleges
--------------------------------------------------------------
DAVID PERKY, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06391-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff David Perky is a resident and citizen of New York. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
diagnosed with thyroid cancer as a result of exposure to the
Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Pierce Class Suit Alleges
---------------------------------------------------------------
RON PIERCE v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06392-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Ron Pierce is a resident and citizen of Mississippi. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter.
The Plaintiff was allegedly diagnosed with kidney cancer as a
result of exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Quick Class Suit Alleges
--------------------------------------------------------------
VICKI M. QUICK, as Personal Representative/Administrator/Executor
of the Estate of GEORGE BURNUM QUICK deceased v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company), et al., Case No.
2:23-cv-06407-RMG (D.S.C., Dec. 11, 2023) is a class action seeking
for damages for personal injury and death resulting from exposure
to aqueous film-forming foams (AFFF) and firefighter turnout gear
(TOG) containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. George Burnum Quick was, at the time of death, an adult
resident and citizen of Springville, Alabama. The Decedent
regularly used, and was thereby directly exposed to, AFFF in
training and to extinguish fires during his working career as a
military and/or civilian firefighter. Prior to death, the Decedent
was diagnosed with kidney cancer as a result of exposure to the
Defendants' AFFF products. The Decedent's diagnosis allegedly
caused and/or contributed to his death. The Decedent passed away on
September 21, 2023.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Roper Class Suit Alleges
--------------------------------------------------------------
JOHN ROPER v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06393-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
The Plaintiff John Roper is a resident and citizen of Alabama. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
allegedly diagnosed with thyroid disease as a result of exposure to
the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Rorke Class Suit Alleges
--------------------------------------------------------------
BRANDON RORKE v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06394-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Brandon Rorke is a resident and citizen of Kansas. The
Plaintiff regularly used, and was thereby directly exposed to, AFFF
during his employment as a military and/or civilian firefighter. He
was allegedly diagnosed with thyroid disease as a result of
exposure to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Scott Class Suit Alleges
--------------------------------------------------------------
RUTH SCOTT, as Surviving Spouse and Heir to the Estate of LELAND K.
SCOTT deceased, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06414-RMG (D.S.C.,
Dec. 11, 2023) is a class action seeking for damages for personal
injury and death resulting from exposure to aqueous film-forming
foams (AFFF) and firefighter turnout gear (TOG) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Leland Scott was, at the time of death, an adult resident
and citizen of Council Grove, Kansas. The Decedent regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter. Prior to death, the Decedent was diagnosed
with pancreatic cancer as a result of exposure to the Defendants'
AFFF products. The Decedent's diagnosis allegedly caused and/or
contributed to his death. The Decedent passed away on June 6,
2023.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Stroud Class Suit Alleges
---------------------------------------------------------------
DENNIS STROUD v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06395-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Dennis Stroud is a resident and citizen of Florida. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
allegedly diagnosed with thyroid disease as a result of exposure to
the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Sysak Class Suit Alleges
--------------------------------------------------------------
PETER SYSAK, NADIA SYSAK GONZALEZ, TIM SYSAK, RICK SYSAK, & EDWIN
SYSAK, as Heirs to the Estate of, RANDY K. SYSAK deceased v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company), et al.,
Case No. 2:23-cv-06410-RMG (D.S.C., Dec. 11, 2023) is a class
action seeking for damages for personal injury and death resulting
from exposure to aqueous film-forming foams (AFFF) and firefighter
turnout gear (TOG) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Mr. Randy K. Sysak was, at the time of death, an adult resident and
citizen of Arroyo Grande, California. The Decedent regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter. Prior to death, the Decedent was diagnosed
with pancreatic cancer as a result of exposure to the Defendants'
AFFF products. The Decedent's diagnosis allegedly caused and/or
contributed to his death. The Decedent passed away on December 23,
2021.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Decedent's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; and WITMER PUBLIC SAFETY GROUP.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Contains Toxic PFAS, Tanner Class Suit Alleges
---------------------------------------------------------------
LOYD TANNER v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company), et al., Case No. 2:23-cv-06396-RMG (D.S.C., Dec. 8, 2023)
is a class action seeking for damages for personal injury resulting
from exposure to aqueous film-forming foams (AFFF) containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Loyd Tanner is a resident and citizen of Mississippi. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
allegdly diagnosed with ulcerative colitis as a result of exposure
to the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Tatel Class Suit Alleges
--------------------------------------------------------------
HONESTO TATEL v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06397-RMG (D.S.C.,
Dec. 8, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFAS, which would expose end users
of the product to the risks associated with PFAS, the Plaintiff
contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting. PFAS includes
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS. PFAS are highly toxic and carcinogenic chemicals. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, the suit says.
Plaintiff Honesto Tatel is a resident and citizen of California. He
regularly used, and was thereby directly exposed to, AFFF during
his employment as a military and/or civilian firefighter. He was
allegedly diagnosed with thyroid cancer as a result of exposure to
the Defendants' AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
3M COMPANY: AFFF Contains Toxic PFAS, Worden Class Suit Alleges
---------------------------------------------------------------
MICHAEL WORDEN v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-06346-RMG (D.S.C.,
Dec. 7, 2023) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting. PFAS are highly
toxic and carcinogenic chemicals. PFAS includes perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and related
chemicals including those that degrade to PFOA and/or PFOS. PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals, says the suit.
Plaintiff Michael Worden is a resident and citizen of Wisconsin.
Mr. Worden regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. Mr. Worden was
diagnosed with thyroid disease, sleep apnea, high blood
pressure and diabetes as a result of exposure to the Defendants'
AFFF or TOG products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); ALLSTAR
FIRE EQUIPMENT; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; LION GROUP, INC.; MALLORY
SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL
EMERGENCY SERVICES, INC. PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; W.L. GORE & ASSOCIATES INC.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
3M COMPANY: Foster Sues Over Exposure to Toxic Foams & Chemicals
----------------------------------------------------------------
David Foster, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05674-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with
hypothyroidism; and prostate cancer as a result of exposure to the
Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Gill Sues Over Exposure to Toxic Film-Forming Foams
---------------------------------------------------------------
Samuel James Gill, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S., INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER
GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT
DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING
COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION
GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES
CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.;
RAYTHEON TECHNOLOGIES CORPORATION; SOUTHERN MILLS, INC.; STEDFAST
USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS L.P. as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and W.L.GORE & ASSOCIATES, INC., Case No.
2:23-cv-05643-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
the Decedent in their intended manner, without significant change
in the products' condition. Decedent was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Decedent's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Decedent to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with Thyroid Disease as a result of exposure to Defendants' AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Stephen "Buck" Daniel, Esq.
RUEB STOLLER DANIEL, LLP
225 Ottley Drive NE, Suite 110
Atlanta, GA 30624
Phone: 404-381-2888
Email: buck@lawrsd.com
3M COMPANY: Green Sues Over Exposure to Toxic Foams & Chemicals
---------------------------------------------------------------
John S. Green, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05675-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with thyroid
cancer, vascular cancer, and colon cancer as a result of exposure
to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Harfman Sues Over Exposure to Toxic Foams & Chemicals
-----------------------------------------------------------------
Joseph Harfman, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), WILLFIRE HC
LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No.
2:23-cv-05789-RMG (D.S.C., Nov. 9, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
in the military and/or as a civilian and was diagnosed with
prostate cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Scott M. Hendler, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway
Bldg. 1, Ste 300
Austin, TX 78746
Phone: (512) 439-3202
Fax: (512) 439-3201
Email: shendler@hendlerlaw.com
3M COMPANY: Viertel Sues Over Exposure to Film-Forming Foams
------------------------------------------------------------
Walter A. Viertel, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-05691-RMG (D.S.C., Nov. 6,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with kidney cancer;
and renal cell carcinoma, resulitng in kidney removal as a result
of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Wagner Sues Over Exposure to Toxic Foams & Chemicals
----------------------------------------------------------------
Cyrus Wagner, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S.,
INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; RAYTHEON
TECHNOLOGIES CORPORATION; SOUTHERN MILLS, INC.; STEDFAST USA, INC.;
THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS L.P. as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and W.L.GORE & ASSOCIATES, INC., Case No.
2:23-cv-05624-RMG (D.S.C., Nov. 3, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
the Decedent in their intended manner, without significant change
in the products' condition. Decedent was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Decedent's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Decedent to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with Prostate Cancer as a result of exposure to Defendants' AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Stephen "Buck" Daniel, Esq.
RUEB STOLLER DANIEL, LLP
225 Ottley Drive NE, Suite 110
Atlanta, GA 30624
Phone: 404-381-2888
Email: buck@lawrsd.com
3M COMPANY: Warnick Sues Over Exposure to Toxic Chemicals
---------------------------------------------------------
Aaron Warnick, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company), Case No.
2:23-cv-05694-RMG (D.S.C. Nov. 7, 2023), is brought for damages for
personal injury resulting from exposure to the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
The Defendant collectively designed, marketed, developed,
manufactured, distributed, released, promoted, sold, and/or
otherwise inappropriately disposed of PFAS chemicals with knowledge
that it was highly toxic and bio persistent, which would expose
plaintiff to the risks associated with PFAS.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendant knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Plaintiff was unaware of the dangerous PFAS in his drinking
water and unaware of the toxic nature of the Defendant's PFAS in
general. Plaintiff's consumption of PFAS from Defendant's
contamination and inappropriate disposal caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendant's
PFAS at various locations. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff was exposed to PFAS chemicals through drinking water
both at home and at his place of work, due to contamination on
behalf of the 3M plant in Decatur, Alabama and potential AFFF
sources, and was diagnosed with testicular cancer as a result of
exposure to Defendant's PFAS contamination.
The Defendant is a designer, marketer, developer, manufacturer,
distributor, releaser, promotors and seller of PFAS chemicals.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
- and -
Hunter Garnett, Esq.
GARNETT PATTERSON INJURY LAWYERS
100 Jefferson St S #300
Huntsville, AL 35801
Phone: 256-539-8686
3M COMPANY: Watson Sues Over Exposure to Chemicals & Foams
----------------------------------------------------------
Waymond Henry Watson III, and other similarly situated v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.;
ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-05692-RMG (D.S.C., Nov. 6,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with prostate
cancer as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Young Sues Over Exposure to Toxic Aqueous Foams
-----------------------------------------------------------
Norman J. Young, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05693-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with prostate
cancer as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
AEGIS SECURITY: Gamez Files Class Suit in Cal. State Court
----------------------------------------------------------
A class action lawsuit has been filed against Aegis Security &
Investigations Inc., a California Corporation, et al. The case is
captioned as JOHN GAMEZ, et al., individually and on behalf of all
others similarly situated, v. AEGIS SECURITY & INVESTIGATIONS INC.,
A CALIFORNIA CORPORATION, et al., Case No. 24CV000022 (Cal. Super.,
Sacramento Cty., January 2, 2024).
A case management conference is set for December 20, 2024, before
Judge Christopher E. Krueger.
Aegis Security & Investigations Inc. is a provider of high-end
security, investigation, training, and consulting solutions in
California. [BN]
ANGI HOMESERVICES: Shinkle Suit Removed to E.D. New York
--------------------------------------------------------
The case styled as Amos Shinkle, Nika Mosenthal, individually and
on behalf of others similarly situated v. Angi Homeservices, Handy
Technologies, I, Case No. 530099/2023 was removed from the Supreme
Court of the State of New York, County of Kings, to the U.S.
District Court for the Eastern District of New York on Nov. 24,
2023.
The District Court Clerk assigned Case No. 1:23-cv-08700-FB-SJB to
the proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending.
Angi Inc. -- https://www.angi.com/ -- is an internet services
company formed in 2017 by the merger of Angie's List and
HomeAdvisor.[BN]
The Plaintiffs are represented by:
Michael J.S. Pontone, Esq.
THE LAW OFFICES OF MICHAEL J.S. PONTONE, ESQ.
233 Broadway, Suite 2340
New York, NY 10279
Phone: 917-648-8784
F: 718-228-8459
Email: michael@pontonelaw.com
The Defendants are represented by:
Grant MacQueen, Esq.
MORGAN LEWIS & BOCKIUS, LLP
101 Park Avenue
New York, NY 10178
Phone: (212) 309-6000
Fax: (212) 309-6001
Email: grant.macqueen@morganlewis.com
ASURION INSURANCE: Tan Files Class Suit in Cal. State Court
-----------------------------------------------------------
A class action lawsuit has been filed against Asurion Insurance
Services, Inc., a Tennessee Corporation, et al. The case is
captioned as NATALIA TAN, et al., individually and on behalf of all
others similarly situated, v. ASURION INSURANCE SERVICES, INC., A
TENNESSEE CORPORATION, et al., Case No. 24CV000032 (Cal. Super.,
Sacramento Cty., January 2, 2024).
A case management conference is set for January 3, 2025, before
Judge Richard K. Sueyoshi.
Asurion Insurance Services, Inc. is a provider of consumer mobile
and technology protection services doing business in California.
[BN]
BAKER CHIROPRACTIC: Trueba Files TCPA Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Baker Chiropractic,
LLC. The case is styled as Annette Trueba, individually and on
behalf of all others similarly situated v. Baker Chiropractic, LLC
doing business as: Baker Chiropractic and Wellness, Case No.
8:23-cv-02855-VMC-TGW (M.D. Fla., Nov. 20, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Baker Chiropractic -- https://bakerfamilychiro.com/ -- is a local
Chiropractor in Orlando.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
Garrett O. Berg, Esq.
Scott Adam Edelsberg, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
gberg@shamisgentile.com
scott@edelsberglaw.com
BLIND AMBITION: Sends Unwanted Telemarketing Calls, Miller Claims
-----------------------------------------------------------------
A class action lawsuit has been filed against Blind Ambition STL,
LLC. The case is captioned as CRICKETT MILLER, individually and on
behalf of all others similarly situated, v. against BLIND AMBITION
STL, LLC, Case No. 4:24-cv-00001 (E.D. Mo., January 2, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act.
Blind Ambition STL, LLC is a shutter services provider in Saint
Peters, Missouri. [BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave., Ste. 705
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
E-mail: ashamis@shamisgentile.com
BLOOMINGDALES.COM LLC: Daghaly Appeals Dismissal Order to 9th Cir.
------------------------------------------------------------------
Plaintiff AMANDA DAGHALY filed an appeal from the District Court's
Order dated October 6, 2023 entered in the lawsuit entitled AMANDA
DAGHALY, individually and on behalf of all others similarly
situated, Plaintiff v. BLOOMINGDALES.COM, LLC, and any related
entities, Defendants, Case No. 3:23-cv-00129-L-WVG, in the United
States District Court for the Southern District of California.
As previously reported in the Class Action Reporter, the class
action, filed on January 24, 2023, is brought against Defendants
for secretly recording the electronic communications of visitors to
their website, www.bloomingdales.com, including their scrolling,
clicking, and keystrokes, in violation of the Wiretap Act, the
California Invasion of Privacy Act, the California Business &
Professions Code and an invasion of the privacy rights of website
visitors.
According to the complaint, the Defendants use recent developments
in session replay technology to surreptitiously record visitors to
its website using JavaScript software code that continuously
wiretap Internet users' keystrokes, mouse movements, clicks,
webpage locator data, and/or other electronic communications. These
scripts are placed on a website or app and are responsible for
recording the user's actions. When a user visits
www.bloomingdales.com, the Session Replay Code begins recording
their interactions for storage in video form on a server for
playback, including by third parties such as FullStory. FullStory
developed some of the session recording technology that
Bloomingdale is using, says the suit.
On June 27, 2023, the Defendant filed a motion to dismiss the case
for failure to state a claim and motion to dismiss for lack of
jurisdiction.
On October 6, 2023, Judge M. James Lorenz entered an Order granting
Defendant's motion to dismiss with leave to amend.
The appellate case is captioned as Daghaly v. Bloomingdales.com,
LLC, Case No. 23-4122, in the United States Court of Appeals for
the Ninth Circuit, filed on Dec. 12, 2023.
The briefing schedule in the Appellate Case states that:
-- Opening Brief for Appellant is due on February 23, 2024;
-- Answering Brief for Appellee is due on March 25, 2024;
-- Optional Reply Brief is due 21 days after service of
Answering Brief. All briefs shall be served and filed pursuant to
Federal Rules of Appellate Procedure 31 and 9th Cir. R. 31-2.1.[BN]
CELTIC COMMUNICATIONS: Kuehn Sues Over Illegal Background Check
---------------------------------------------------------------
MICHAEL KUEHN, on behalf of himself and all others similarly
situated, Plaintiff v. CELTIC COMMUNICATIONS, LLC, Defendant, Case
No. CACE-23-022975 (Fla. Cir., 17th Judicial, Broward Cty.,
December 29, 2023) arises from the Defendant's alleged violation of
the Fair Credit Reporting Act of 1970.
Plaintiff Kuehn asserts that the Defendant had taken adverse
employment action based on undisclosed consumer report information
against Plaintiff and other putative class members without first
providing them with a copy of the pertinent consumer report and a
summary of their rights.
Defendant operates a custom communications company and is
headquartered in Coconut Creek, FL. Defendant does business across
the country, including in Broward County, Florida. [BN]
The Plaintiff is represented by:
Luis A. Cabassa, Esq.
Brandon J. Hill, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, PA
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: lcabassa@wfclaw.com
bhill@wfclaw.com
aheystek@wfclaw.com
gdesane@wfclaw.com
- and -
Craig C. Marchiando, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd.. Suite 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: craig@clalegal.com
CHA GENERAL: Hoye & Jimenez Sue Over Fiduciary Duty Breach
----------------------------------------------------------
SUSAN J. HOYE and LEONARDO JIMENEZ, individually and as the
representatives of a class of similarly situated persons, and on
behalf of The Cambridge Health Alliance Partnership Plan,
Plaintiffs v. CHA GENERAL SERVICES, INC.; RETIREMENT PLAN
COMMITTEE; and JOHN and JANE DOES 1-10, Defendants, Case No.
1:23-cv-13238 (D. Mass., December 29, 2023) alleges that the
Defendants have breached their fiduciary duties to the Plan in
violation of the Employee Retirement Income Security Act of 1974,
to the detriment of the Plan, its participants, and its
beneficiaries.
The Defendants have failed to ensure that the over 3,600
participants in the Plan have had appropriate investment options
and have failed to ensure the fees they pay for plan services are
reasonable -- during the class period, participants paid as much as
$93 for services materially identical to those for which
participants in similar plans paid less than half that amount. The
Plaintiffs bring this action to remedy this unlawful conduct,
recover losses to the Plan, and obtain other appropriate relief as
provided by ERISA.
Headquartered in Middlesex County, Massachusetts, Cambridge Health
is a medical institution that provides healthcare services to
Cambridge, Somerville and Boston's metro-north communities in
Massachusetts. [BN]
The Plaintiffs are represented by:
Osvaldo Vazquez, Esq.
Stephen Churchill, Esq.
Osvaldo Vazquez, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 607-3260
Facsimile.(617) 488-2261
E-mail: steve@fairworklaw.com
oz@fairworklaw.com
CHURCH & DWIGHT: Website Inaccessible to Blind Users, Karim Says
----------------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiff v. Church & Dwight Co., Inc., Defendant, Case
No. 1:23-cv-11279-DEH (S.D.N.Y., December 29, 2023) arises from the
Defendant's failure to design, construct, maintain, and operate
their website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired persons in violation
of Plaintiff's rights under the Americans with Disabilities Act,
the New York State Human Rights Law, and the New York City Human
Rights Law.
The Plaintiff seeks a permanent injunction to cause a change in
Church & Dwight's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. The class action also seeks
compensatory damages to compensate Class members for having been
subjected to unlawful discrimination.
Church & Dwight Co. owns and operates Herocosmetics.us, a
commercial website that sells skin care products in New York and
throughout the United States. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GRABRIEL A. LEVY P.C.
1129 Northern Blvd, Suite 404
Telephone:+1 (347) 941-4715
E-mail: Glevyfirm@gmail.com
CIELITO CORP: Palomar Sues Over Sexual Harassment & Wage Violations
-------------------------------------------------------------------
Cristina Palomar, on behalf of herself and all other similarly
situated Aggrieved Employees v. CIELITO CORP dba EL REY DEL MAR; a
California corporation; MANUEL VAZQUEZ, an individual, and DOES
1-100, Case No. 23VEC05233 (Cal. Super. Ct., Los Angeles Cty., Nov.
22, 2023), is brought for Sexual Harassment, Retaliation in
Violation of FEHA; Failure to Prevent Discrimination and
Retaliation from Occurring; Meal Break Violations; Rest Break
Violations; Wage Statement Penalties; Waiting Time Penalties; and
Violation of Unfair Competition Law; Private Attorneys General
Act.
During Plaintiff's employment, she was subjected to severe and
pervasive sexual harassment by the owner, MANUEL, including
unwelcome hugging, groping, pressing of his body against hers, and
attempts to kiss her. MANUEL'S harassment began in or around
November 2019 and continued through the end of her employment in
August 2021. MANUEL'S harassment occurred in the workplace,
including when Ms. Mendoza Palomar was cleaning the bathroom and
Defendant Manuel would enter the bathroom and sexually accost her.
Plaintiff complained about the sexual harassment to co-workers, but
no action was taken to prevent or correct the harassment. The
Plaintiff asked the line cooks to stay late and wait for her so
that MANUEL could not be alone with her and continue the
harassment. In the small workplace environment of Defendants,
Plaintiff's only avenue to oppose the harassment was to complain to
co-workers. Instead, MANUEL retaliated against Plaintiff by
prohibiting her from giving rides to cooks so that she would be
left alone with him.
During her employment, Plaintiff and the Aggrieved Employees
regularly worked shifts over 5 hours in length, often 12-13 hours,
without receiving an uninterrupted 30-minute meal period in which
they were relieved of all duties prior to the 5th hour of work.
Plaintiff and the Aggrieved Employees also did not receive
10-minute rest breaks for every 4 hours of work. Plaintiff and the
Aggrieved Employees regularly worked over 8 hours in a day and/or
40 hours in a week but were not paid any overtime premiums for this
overtime work. They were paid a daily rate that did not vary
regardless of how many hours they worked.
When Plaintiff quit her employment in or around August 2021,
Defendants did not pay her final wages immediately upon termination
as required by law. Aside from not being paid in a timely fashion,
Plaintiff and the Aggrieved Employees were necessarily denied all
payment due and owing at the time of termination, or within 72
hours of resignation, because Defendants failed to provide
Plaintiff and the Aggrieved Employees with premium pay for missed
breaks, wages for all hours worked, or overtime for all overtime
hours worked.
Similarly, Plaintiff and the Aggrieved Employees were not provide
compliant wage statements, as those wage statements did not reflect
Plaintiff and the Aggrieved Employees' premium pay for missed
breaks, full wages for all hours worked, or overtime wages for
overtime hours worked, says the complaint.
The Plaintiff was employed by Defendants as a waitress at the El
Rey Del Mar restaurant.
EL REY DEL MAR is a business of unknown form, doing business in Los
Angeles, California.[BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Joseph Gross, Esq.
FRONTIER LAW CENTER
23901 Calabasas Road, Suite 1084
Calabasas, CA 91302
Phone: (818) 914-3433
Facsimile: (818) 914-3433
Email: Manny@frontierlawcenter.com
Joseph@frontierlawcenter.com
- and -
Janelle Carney, Esq.
JANELLE CARNEY-ATTORNEY AT LAW, APC
14758 Pipeline Ave., Suite E,
Chino Hills, CA 91709
Phone: (909) 521-9609
Facsimile: (909) 393-0471
Email: janelle@janellecarneylaw.com
CINFED FEDERAL: Davis Files Suit in S.D. Ohio
---------------------------------------------
A class action lawsuit has been filed against Cinfed Federal Credit
Union, et al. The case is styled as Valencia R. Davis, individually
and on behalf of all others similarly situated v. Cinfed Federal
Credit Union, Case No. 1:23-cv-00776-DRC (S.D. Ohio, Nov. 22,
2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Cinfed Federal Credit Union provides banking and financial
services. The Union offers financial solutions such as loans,
investment, savings, credit and debit cards, online banking, and
other related services.[BN]
The Plaintiffs are represented by:
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 767-3613
Fax: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
CITIBANK NA: Daibyan Files Suit in C.D. California
--------------------------------------------------
A class action lawsuit has been filed against Citibank, N.A., et
al. The case is styled as Mkritch Daibyan, Rebeka Grigoryan, on
behalf of himself and all others similarly situated v. Citibank,
N.A., Does 1-10, inclusive, Case No. 2:23-cv-09962-PA-SSC (S.D.
Fla., Nov. 26, 2023).
The nature of suit is stated as Truth in Lending.
Citibank, N. A. -- http://www.citi.com/-- is the primary U.S.
banking subsidiary of financial services multinational
Citigroup.[BN]
The Plaintiffs are represented by:
Ara Ray Jabagchourian, Esq.
LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
1650 South Amphlett Boulevard, Suite 216
San Mateo, CA 94402
Phone: (650) 437-6840
Email: ara@arajlaw.com
CITIBANK NA: Hakopyan Files Suit in C.D. California
---------------------------------------------------
A class action lawsuit has been filed against Citibank, N.A., et
al. The case is styled as Anna Hakopyan, Aram Sargsyan, Anna
Abrahamyan, on behalf of themselves and others similarly situated
v. Citibank, N.A., Does 1-10, inclusive, Case No.
2:23-cv-09954-ODW-MRW (S.D. Fla., Nov. 22, 2023).
The nature of suit is stated as Other Civil Rights for Civil
Rights.
Citibank, N. A. -- http://www.citi.com/-- is the primary U.S.
banking subsidiary of financial services multinational
Citigroup.[BN]
The Plaintiffs are represented by:
Gabriel Barenfeld, Esq.
Gretchen M. Nelson, Esq.
NELSON AND FRAENKEL LLP
601 South Figueroa Suite 2050
Los Angeles, CA 90017
Phone: (844) 622-6469
Fax: (213) 622-6019
Email: gbarenfeld@nflawfirm.com
gnelson@nflawfirm.com
- and -
Arin Pezeshkian, Esq.
Raffi Kassabian, Esq.
Sareen Bezdikian, Esq.
BEZDIK KASSAB LAW GROUP
301 N Lake Avenue Suite 600
Pasadena, CA 91101
Phone: (626) 499-6998
Email: raffi@bezdikkassab.com
sareen@bezdikkassab.com
ESO SOLUTIONS: Fails to Protect Health, Personal Info, Love Claims
------------------------------------------------------------------
BILLY LOVE, individually and on behalf of all others similarly
situated, Plaintiff v. ESO Solutions, Inc., Defendant, Case No.
1:23-cv-01577 (W.D. Tex., December 29, 2023) arises from the ESO
Solutions' failure to properly secure and safeguard protected
health information of Plaintiff as defined by the Health Insurance
Portability and Accountability Act, medical information, and other
personally identifiable information. and brings claims for
negligence, breach of implied contract, and breach of fiduciary
duty.
On or about October 23, 2023, ESO discovered a data security
incident where unauthorized third parties accessed and stole
patient private information. However, ESO failed to comply with
industry standards to protect information systems that contain that
private information and failed to provide timely, accurate, and
adequate notice to Plaintiff and other Class members that their
private information had been compromised.
The Plaintiff seeks, among other things, orders requiring Defendant
to fully and accurately disclose the nature of the information that
has been compromised and to adopt reasonably sufficient security
practices and safeguards to prevent incidents like the disclosure
in the future.
Based in Austin, TX, ESO offers an integrated suite of software
products for EMS agencies, fire departments, and hospitals. It
offers cloud-based logistical software, including management for
billing, electronic health records, asset management, and more.
[BN]
The Plaintiff is represented by:
Bruce W. Steckler, Esq.
Paul D. Stickney, Esq.
STECKLER WAYNE & LOVE PLLC
12720 Hillcrest Rd., Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
Facsimile: (972) 387-4041
E-mail: bruce@swclaw.com
judgestick@gmail.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 318-5189
Facsimile: (813) 222-2496
ESO SOLUTIONS: Smith Sues Over Personal Injury Claim in W.D. Tex.
-----------------------------------------------------------------
A class action lawsuit has been filed against ESO Solutions, Inc.,
et al. The case is captioned as MICHAEL SMITH, et al., individually
and on behalf of his minor children J.S., B.S., T.S., and B.S., and
on behalf of all others similarly situated, v. ESO SOLUTIONS, INC.,
et al., Case No. 1:24-cv-00003-RP (W.D. Tex., January 2, 2024).
The nature of suit is stated as 360 Torts - Personal Injury - Other
Personal Injury.
ESO Solutions, Inc. is a software company based in Austin, Texas.
[BN]
The Plaintiffs are represented by:
Austin P. Smith, Esq.
Bruce W. Steckler, Esq.
STECKLER WAYNE & LOVE PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
E-mail: austin@swclaw.com
ESO SOLUTIONS: Todd Sues Over Breach of Contract in W.D. Texas
--------------------------------------------------------------
A class action lawsuit has been filed against ESO Solutions, Inc.
The case is captioned as DEBORAH TODD, individually and on behalf
of all others similarly situated, v. ESO SOLUTIONS, INC., Case No.
1:24-cv-00006-DII (W.D. Tex., January 2, 2024).
The nature of suit is stated as 190 Contract - Other Contract.
ESO Solutions, Inc. is a software company based in Austin, Texas.
[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
FLORIDA PREPAID: Faces Lavina Civil Rights Suit in S.D. Florida
---------------------------------------------------------------
A class action lawsuit has been filed against Florida Prepaid
College Board, et al. The case is captioned as ERICA LAVINA,
individually and on behalf of all others similarly situated, v.
FLORIDA PREPAID COLLEGE BOARD, et al., Case No. 0:24-cv-60001-DMM
(S.D. Fla., January 2, 2024).
The nature of suit is stated as 440 Civil Rights - Other Civil
Rights.
Florida Prepaid College Board is a board that allows families to
prepay the cost of college tuition in Florida. [BN]
The Plaintiff is represented by:
Alec Huff Schultz, Esq.
HILGERS GRABEN PLLC
1221 Brickell Avenue, Suite 900
Miami, FL 33131
Telephone: (305) 630-8304
E-mail: aschultz@hilgersgraben.com
- and -
Edward Herbert Zebersky, Esq.
ZEBERSKY PAYNE SHAW LEWENZ LLC
110 SE 6th Street, Ste. 2900
Ft. Lauderdale, FL 33301
Telephone: (954) 989-6333
Facsimile: (954) 989-7781
E-mail: ezebersky@zpllp.com
- and -
Mark S. Fistos, Esq.
ZEBERSKY PAYNE LLP
110 Southeast 6th Street, Suite 2150
Ft. Lauderdale, FL 33301
Telephone: (954) 933-5083
Facsimile: (954) 989-7781
E-mail: mfistos@zpllp.com
GENERATIONS PAINTING: Perez-Garcia Files Suit in Cal. State Court
-----------------------------------------------------------------
A class action lawsuit has been filed against Generations Painting
Group, et al. The case is captioned as JOSE NORBERTO PEREZ-GARCIA,
et al., individually and on behalf of all others similarly
situated, v. GENERATIONS PAINTING GROUP, et al., Case No.
24CV000037 (Cal. Super., Sacramento Cty., January 2, 2024).
A case management conference is set for January 3, 2025, before
Judge Richard K. Sueyoshi.
Generations Painting Group is a paint contractor in California.
[BN]
GOODLEAP LLC: Bueno Suit Removed to S.D. Florida
------------------------------------------------
The case styled as Ana Bueno, and all others similarly situated v.
GoodLeap, LLC, Modern Concepts Construction, LLC, Case No.
2023-CA-025256 was removed from the 11th Judicial Circuit in and
for Miami-Dade County, to the U.S. District Court for the Southern
District of Florida on Nov. 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-24484-RAR to the
proceeding.
The nature of suit is stated as Other Contract.
GoodLeap -- https://goodleap.com/ -- formerly Loanpal is a finance
technology company that provides financing options for the
residential solar energy industry.[BN]
The Plaintiffs are represented by:
Andres Felipe Vidales, Esq.
Reginald John Clyne, Esq.
QUINTAIROS, PRIETO, WOOD, AND BOYER
9300 S. Dadeland Blvd., Fourth Floor
Miami, FL 33156
Phone: (786) 344-9764
Email: andres.vidales@qpwblaw.com
Reginald.Clyne@qpwblaw.com
The Defendants are represented by:
Sophie Madeleine Labarge, Esq.
NELSON MULLINS
100 SE 3rd Ave., Suite 2700
Fort Lauderdale, FL 33394
Phone: (954) 745-5284
Email: sophie.labarge@nelsonmullins.com
- and -
Terrance Wayne Anderson, Jr., Esq.
NELSON MULLINS
1905 NW Corporate Boulevard, Suite 310
Boca Raton, FL 33431
Phone: (561) 483-7000
Email: tw.anderson@nelsonmullins.com
- and -
Joseph Kennett, Esq.
BRICK BUSINESS LAW, P.A.
3413 W. Fletcher Ave
Tampa, FL 33618
Phone: (813) 816-1816
GROWIN ESTATE: Rosser Files TCPA Suit in M.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against Growin Estate LLC.
The case is styled as Dianna Rosser, individually and on behalf of
all others similarly situated v. Growin Estate LLC, Case No.
2:23-cv-01107-SPC-KCD (M.D. Fla., Nov. 22, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Growin Estate -- https://growinestate.com/ -- is digital Real
Estate Referral Network that provides pre-screened, geo-targeted,
Double Verified leads to Realtors.[BN]
The Plaintiff is represented by:
Joseph E. Parrish, Esq.
PARRISH & GOODMAN PLLC
915 N. Franklin Street, Unit 2302
Tampa, FL 33602
Phone: (813) 643-4529
Fax: (813) 315-6535
Email: jparrish@parrishgoodman.com
- and -
Megan E. Shaw, Esq.
Robert Henry Goodman
PARRISH & GOODMAN
13031 McGregor Boulevard, Suite 8
Fort Myers, FL 33908-6003
Phone: (239) 410-1052
Email: mshaw@parrishgoodman.com
rgoodman@parrishgoodman.com
- and -
William F. King, Esq.
GALLAGHER & KENNEDY
2375 E. Camelback Road, Ste 1100
Phoenix, AZ 85016
Phone: (602) 530-8000
Email: bill.king@gknet.com
GUEST SERVICES: Matthews Sues Over Unlawful Leave Pay Plan Terms
----------------------------------------------------------------
Robert Matthews et al., Plaintiffs v. Guest Services, Inc; Guest
Services, Inc. Termination Pay Plan; and Gerard T.Gabrys,
Defendants, Case No. 3:23-cv-00910 (W.D.N.C., December 29, 2023) is
a class action arising under the Employee Retirement Income
Security Act in connection with Guest Services' failure to pay
Plaintiffs benefits under a Terminal Leave Pay Plan and seeking to
recover damages for violation of North Carolina Wage and Hour Act's
wage payment provisions.
Among other things, Plaintiffs allege that the Defendants
misrepresented Plan terms and condition to participants, applied
unlawful plan terms, including but not limited to purported terms
that would result in a cutback of Plan participants' benefits, and
failed to make proper disclosures and provide appropriate
information and disclosures to Plan participants and the US
Department of Labor, including but not limited to appropriate
disclosures of purported changes to Plan terms under ERISA.
Headquartered in Fairfax, VA, Guest Services, Inc. provides
hospitality management and business support services. Founded in
1917, the company is one of the longest-running contractors for the
United States government. [BN]
The Plaintiffs are represented by:
Victoria T. Kepes, Esq.
THE NOBLE LAW FIRM, PLLC
141 Providence Road, Suite 210
Chapel Hill, NC 27514
Telephone: (919) 251-6008
Facsimile: (919) 869-2079
E-mail: vkepes@thenoblelaw.com
- and -
Bryan L. Tyson, Esq.
Hannah Auckland, Esq.
MARCELLINO & TYSON, PLLC
2200 East 7th Street, Suite 100
Charlotte, NC 28204
Telephone: (704) 919-1519
Facsimile: (980) 219-7025
E-mail: bryan@yourncattorney.com
hauckland@yourncattorney.com
GUESTOLOGY GROUP: Fails to Pay Proper Wages, Casadeli Alleges
-------------------------------------------------------------
TRISTAN CASADEI; and KELLIE SOLES, individually and on behalf of
all others similarly situated, Plaintiffs v. THE GUESTOLOGY GROUP,
INC.; and DOES 1 through 50, inclusive, Defendants, Case No. 23SM
CV06045(Cal. Sup., Los Angeles Cty., Dec. 28, 2023) is an action
against the Defendant for failure to pay minimum wages, overtime
compensation, provide meals and rest periods, and provide accurate
wage statements.
The Plaintiffs were employed by the Defendants as staff.
THE GUESTOLOGY GROUP, INC. owns and operates Calamigos Ranch Hotel
in Malibu, California. [BN]
The Plaintiffs are represented by:
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
Nicholas J. De Blouw, Esq.
Christine T. LeVu, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858)551-1223
Facsimile: (858) 551-1232
Website: www.bamlawca.com
HANCOCK REGIONAL: Appeals Remand Ruling in Fleece Wiretapping Suit
------------------------------------------------------------------
The BOARD OF TRUSTEES OF THE HANCOCK REGIONAL HOSPITAL filed an
appeal from a court ruling entered in the lawsuit entitled JENNIFER
FLEECE, Individually, and on behalf of all others similarly
situated, Plaintiff v. BOARD OF TRUSTEES OF THE HANCOCK REGIONAL
HOSPITAL, Defendant, Case No. 1:23-cv-01235-MPB-TAB, in the United
States District Court for the Southern District of Indiana.
As previously reported in the Class Action Reporter, the suit was
removed from the Hancock Circuit Court, Hancock County, Indiana, to
the Southern District of Indiana on Aug. 18, 2023.
The Plaintiffs allege that Hancock engaged in unlawful wiretapping
and invaded their privacy by allegedly using the Meta Pixel on
Hancock's website. The Plaintiffs allege that the conduct described
above resulted in the unlawful disclosure of private information to
unauthorized third parties, alongside the individuals IP address
and Facebook IDs.
The Defendant, pursuant to Rules 3 and 4 of the Federal Rules of
Appellate Procedure, filed this appeal to review the Court's Order
granting remand back to the Marion Superior Court County Court,
which was entered in this action on November 17, 2023.
The appellate case is captioned as JENNIFER FLEECE,
Plaintiff-Appellee v. BOARD OF TRUSTEES OF THE HANCOCK REGIONAL
HOSPITAL, Defendant-Appellant, Case No. 23-3363, in the United
States Court Of Appeals for the Seventh Circuit, filed on December
13, 2023.
The briefing schedule in the Appellate Case states that Appellant's
brief is due on January 22, 2024.[BN]
Defendant-Appellant BOARD OF TRUSTEES OF THE HANCOCK REGIONAL
HOSPITAL is represented by:
Paul G. Karlsgodt, Esq.
Michelle R. Gomez, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Ste. 4400
Denver, CO 80202
Telephone: (303) 861-0600
Facsimile: (303) 861-7805
E-mail: MGomez@bakerlaw.com
PKarlsgodt@bakerlaw.com
- and -
Tyler Moorhead, Esq.
Philip R. Zimmerly, Esq.
BOSE MCKINNEY & EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Telephone: (317) 684-5000
Facsimile: (317) 684-5173
E-mail: TMoorhead@boselaw.com
PZimmerly@boselaw.com
HOLLY RIDGE, NC: Paul Sues Over Exposure to Mold
------------------------------------------------
Brianna Paul, individually; Brianna Paul, as guardian of A.P, A.P.,
R.K. Jr., and A.F., her minor children; and Brianna Paul, as class
representative on behalf of the class defined herein v. THE TOWN OF
HOLLY RIDGE; HOLLY RIDGE HOUSING AUTHORITY; THE PENDERGRAPH
COMPANIES, LLC; PENDERGRAPH DEVELOPMENT, LLC; FRANKIE W.
PENDERGRAPH; and JOHN DOE CONTRACTORS 1 through 10, Case No.
4:23-cv-00196-M-RJ (E.D.N.C., Nov. 27, 2023), is brought on behalf
former residents of Holly Plaza Apartments who were exposed by mold
and will face the holiday season living in hotel rooms in another
town with the knowledge that on January 1, 2024, they will have no
home as a result of the Defendants' failure to implement repairs to
take care of mold.
For an unknown period of time, these residents have been exposed to
mold that Defendants allowed to invade their homes to the point
that their apartments are unrepairable. In addition to the
disruption of their lives, the residents are suffering from
personal injuries caused by exposure to mold.
In 2020, the Town of Holly Ridge took over the board of the Holly
Ridge Housing Authority with the members of the Town Council
becoming the Board of the Housing Authority. The Authority's
contract with Pendergraph was then assigned to the Town.
As a proximate result of the failure to repair and/or otherwise
improper repairs, water intruded into the structures of Holly Plaza
and mold began to develop in the walls and ceilings of units at
Holly Plaza, says the complaint.
The Plaintiff and her children are former tenants of the Holly
Plaza Apartments.
Holly Ridge caused Holly Plaza to be constructed in 1980.[BN]
The Plaintiff is represented by:
Anna C. Majestro, Esq.
Benjamin S. Chesson, Esq.
J. Douglas Grimes, Esq.
David N. Allen, N.C. Bar # 9095
ALLEN, CHESSON & GRIMES PLLC
505 N. Church St.
Charlotte, NC 28202
Phone: 704.755.6010
Email: amajestro@allenchesson.com
bchesson@allenchesson.com
dgrimes@allenchesson.com
dallen@allenchesson.com
- and -
David S. Miller Jr., Esq.
MILLER LAW, LLC
81 Columbus Street, Unit A
Charleston, SC 29403
Phone: 843-822-131
Email: david@attorneymiller.com
- and -
Anthony J. Majestro, Esq.
West Virginia Bar No. 5165
POWELL & MAJESTRO PLLC
405 Capitol Street, Suite P-1200
Charleston, WV 25301
Phone: (304) 346-2889
Fax: (304) 346-2895
Email: amajestro@powellmajestro.com
HOWARD LUTNICK: Siseles Files Suit in Del. Chancery Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Howard Lutnick, et
al. The case is styled as Mariano Siseles and Zalmon Uvaydov, on
behalf of themselves and similarly situated v. HOWARD LUTNICK,
ANSHU JAIN, PAUL PION, ROBERT HOCHBERG, CHARLOTTE BLECHMAN, ALICE
CHAN, CF FINANCE HOLDINGS II LLC, CANTOR FITZGERALD L.P., and
CANTOR FITZGERALD & CO.,, Case No. 2023-1152-JTL (Del. Chancery
Ct., Nov. 13, 2023).
The case type is stated as "Breach of Fiduciary Duties."
Howard William Lutnick is an American billionaire businessman, who
succeeded Bernard Gerald Cantor as the head of Cantor
Fitzgerald.[BN]
The Plaintiff is represented by:
Christine M. Mackintosh, Esq.
Kelly L. Tucker, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, DE 19801
Phone: (302) 622-7000
Phone: (302) 622-7000
Fax: (302) 622-7100
- and -
David Wissbroecker, Esq.
GRANT & EISENHOFER P.A.
2325 3rd Street, Suite 329
San Francisco, CA 94107
Phone: (302) 622-7000
Fax: (302) 622-7100
- and -
Christopher H. Lyons, Esq.
Tayler D. Bolton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
1521 Concord Pike, Suite 301
Wilmington, DE 19803
Phone: (302) 467-2660
- and -
Randall J. Baron, Esq.
Benny Goodman, Esq.
Erik Luedeke, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Phone: (619) 231-1058
- and -
Brian J. Robbins, Esq.
Gregory Del Gaizo, Esq.
Marion D. Valdovinos, Esq.
ROBBINS LLP
5060 Shoreham Place, Suite 300
San Diego, CA 92122
Phone: (619) 525-3990
- and -
Leonid Kandinov, Esq.
Aaron Morris, Esq.
MORRIS KANDINOV LLP
550 West B Street, 4th Floor
San Diego, CA 92101
Phone: (619) 780-3993
HYPHEN LLC: Layne Files FDCPA Suit in D. New Jersey
---------------------------------------------------
A class action lawsuit has been filed against HYPHEN LLC, et al.
The case is styled as Alverson Layne, on behalf himself and all
others similarly situated v. HYPHEN LLC doing business as: HELIX
FINANCIAL, LEAD BANK, Case No. 2:23-cv-22394-MCA-JBC (D.N.J., Nov.
15, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
The Plaintiff is represented by:
Lawrence C Hersh, Esq.
17 Sylvan Street, Suite 102b
Rutherford, NJ 07070
Phone: (201) 507-6300
Email: lh@hershlegal.com
INSTRON INC: Faces Warren Torts Suit in Cal. Superior Court
-----------------------------------------------------------
A class action lawsuit has been filed against Instron, Inc. The
case is captioned as JASON WARREN, individually and on behalf of
all others similarly situated, v. INSTRON, INC., Case No.
2482CV00007 (Cal. Super., Norfolk Cty., January 2, 2024).
The suit is brought over alleged tort law violation.
Instron, Inc. is a provider of mechanical testing systems in
California. [BN]
The Plaintiff is represented by:
Michael S. Appel, Esq.
KETTERER BROWNE AND ASSOCIATES LLC
336 South Main St.
Bel Air, MD 21014
Telephone: (855) 522-5297
INTEGRIANT VENTURES: Bishop Files TCPA Suit in E.D. Virginia
------------------------------------------------------------
A class action lawsuit has been filed against Integriant Ventures
Insurance Services, Inc. The case is styled as Quiana Bishop,
individually and on behalf of all others similarly situated v.
Integriant Ventures Insurance Services, Inc., Case No.
1:23-cv-01609-TSE-LRV (E.D. Va., Nov. 27, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Integriant -- https://www.integriant.com/ -- is a developer of an
insurance marketing and sales platform designed for the life and
medicare insurance industries.[BN]
The Plaintiff is represented by:
William Peter Robinson, III, Esq.
1934 Old Gallows Road, Suite 350K
Vienna, VA 22181
Phone: (703) 789-4800
Email: william@robinsonslaw.com
INTER & CO: Verri Sues Over Unsolicited Marketing Calls in Florida
------------------------------------------------------------------
A class action lawsuit has been filed against Inter & Co Payments,
Inc. The case is captioned as EDDIE VERRI, individually and on
behalf of all others similarly situated, v. INTER & CO PAYMENTS,
INC., Case No. 1:24-cv-20006 (S.D. Fla., January 2, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act (TCPA).
Inter & Co Payments, Inc. is a digital bank company doing business
in Florida. [BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave., Ste. 1205
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
E-mail: ashamis@sflinjuryattorneys.com
LAWRENCE RECRUITING: Gilson Files Class Suit in Cal. State Court
----------------------------------------------------------------
A class action lawsuit has been filed against Lawrence Recruiting
Specialists, Inc., et al. The case is captioned as LAUREN HAMILTON,
individually and on behalf of all others similarly situated, v.
LAWRENCE RECRUITING SPECIALISTS, INC., et al., Case No. CGC24611347
(Cal. Super., San Francisco Cty., January 2, 2024).
A case management conference is set for June 5, 2024, before Judge
Anne-Christine Massullo.
Lawrence Recruiting Specialists, Inc. is a medical staffing agency
in California. [BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP, APC
515 S. Figueroa St., Ste. 1250
Los Angeles, CA 90071
Telephone: (213) 488-6555
Facsimile: (213) 488-6554
MARRIOTT INT'L: Appeals Class Cert. Order in Data Breach Suit
-------------------------------------------------------------
Marriott International, Incorporated filed an appeal from the
District Court's Order dated November 29, 2023 entered in the
lawsuit styled IN RE: MARRIOTT INTERNATIONAL CUSTOMER DATA SECURITY
BREACH LITIGATION, Case No. 19-md-2879, in the United States
District Court for the District of Maryland.
In September 2016, Marriott acquired Starwood. Unbeknownst to
Marriott, an unauthorized third party had accessed Starwood's
reservation database. Over 80 potentially related actions were
filed in courts across the country. In re Marriott Int'l, Inc.,
Customer Data Sec. Breach Litig., 363 F.Supp.3d 1372, 1373
(J.P.M.L. 2019). The Judicial Panel on Multidistrict Litigation
determined that pretrial proceedings should occur via an MDL sited
in the District of Maryland. The Plaintiffs filed a consolidated
complaint bringing 96 claims under the laws of all 50 states.
Litigation proceeded on ten "bellwether" claims. Pursuant to the
district court's direction to agree to a bellwether process, the
parties expressly reserved choice-of-law arguments in selecting
bellwether claims.
Marriott moved to dismiss. In its motion, Marriott reaffirmed the
parties' agreement to reserve choice-of-law arguments. Marriott
also noted that "Plaintiffs' generic pleading style makes it
difficult to sort out what terms and conditions apply to their
dealings with Starwood or Marriott, which could include arbitration
provisions, class-action waivers, choice-of-law provisions, and
limitations on liability."
The district court denied dismissal largely based on Plaintiffs'
identity theft allegations. Marriott then answered and raised
Plaintiffs' waiver of class relief as an affirmative defense.
During discovery, Marriott asked Plaintiffs what contracts they
were relying on for their class claims. The Plaintiffs kept their
options open, naming 31 contracts potentially at issue. Some
contained class-action waivers; others did not. And some contained
inconsistent choice-of-law and venue provisions.
The Plaintiffs, in turn, asked Marriott to explain why their class
claims were barred by a class-action waiver. Marriott responded by
pointing to the Starwood Preferred Guest Program Terms &
Conditions, among other contracts.
Discovery failed to substantiate Plaintiffs' allegations of
class-wide identity theft. The Plaintiffs nevertheless moved to
certify sprawling classes encompassing every consumer who provided
information to Starwood during the relevant period. But in so
doing, Plaintiffs had to change their theory of the case. The
Plaintiffs rested their standing and class-wide damages on an
"overpayment" theory: They would have paid less for their hotel
rooms had they known about the data-security incident. And, for the
first time in this litigation, Plaintiffs identified the SPG Terms
as the sole basis for defining their class contract claims.
Marriott opposed certification on various grounds, including the
classaction waiver in the SPG Terms. All bellwether plaintiffs had
enrolled in the SPG Program, the late-breaking centerpiece of
plaintiffs' class contract claims. That meant all bellwether
plaintiffs had agreed to resolve disputes "individually without any
class action" and could not bring class claims.
The district court nonetheless certified damages classes covering
Maryland (breach of contract, consumer fraud), New York (same), and
California (consumer fraud). Because the SPG class-action waiver
applied only to SPG members and thus raised typicality problems,
the court sua sponte redefined the non-contract classes to include
only SPG members, as the contract classes did. The court deferred
addressing the effect of the class-action waiver on class
certification. It also certified Rule 23(c)(4) negligence classes
limited to duty and breach. The certified classes encompass
approximately 20 million individuals.
This Court's review is urgently needed once again to address one of
the largest class certification orders ever issued in a
data-security case. This Court previously vacated class
certification because the district court failed to address the
parties' class-action waiver before certifying. On remand, Judge
Bailey "respectfully disagree[d]" with key aspects of the panel's
ruling and recertified identical classes consisting entirely of
individuals who had expressly agreed not to pursue class relief.
The recertification order rests on two unprecedented holdings.
First, the court held that Marriott relinquished its class-waiver
defense simply by participating in multidistrict litigation, even
though Marriott timely and repeatedly invoked the waiver defense.
Second, the court held that Federal Rule of Civil Procedure 23(f)
prohibits class-action waivers unaccompanied by arbitration
provisions.
The questions presented are: 1. Whether a party waives its
contractual class-action waiver, venue, and choice-of-law
provisions by participating in multidistrict litigation; 2. Whether
Federal Rule of Civil Procedure 23 prohibits class action waivers
unaccompanied by arbitration agreements; 3. Whether a class may be
certified where ascertaining standing and class membership requires
millions of mini-trials; 4. Whether a class may be certified where
the class-wide damages theory rests on a premise that was proven
incorrect; and 5. Whether Rule 24(c)(4) can be used to certify
issue classes containing millions of individuals who lack
standing.
The appellate case is captioned as Marriott International,
Incorporated v. Peter Maldini, Case No. 23-299, in the United
States Court of Appeals for the Fourth Circuit, filed on Dec. 13,
2023.[BN]
Defendant-Petitioner MARRIOTT INTERNATIONAL, INCORPORATED is
represented by:
Lindsay Claire Harrison, Esq.
Matthew S. Hellman, Esq.
Zachary C. Schauf, Esq.
JENNER & BLOCK, LLP
1099 New York Avenue, NW
Washington, DC 20001-4412
Telephone: (202) 639-6000
Plaintiffs-Respondents PETER MALDINI, et al., individually and on
behalf of all others similarly situated, are represented by:
MaryBeth V. Gibson, Esq.
FINLEY FIRM, PC
3535 Piedmont Road, NE
Atlanta, GA 30305
Telephone: (404) 320-9979
- and -
Amy Elisabeth Keller, Esq.
DICELLO LEVITT LLP
10 North Dearborn Street
Chicago, IL 60602
Telephone: (312) 214-7900
- and -
James Joseph Pizzirusso, Esq.
HAUSFELD, LLP
888 16th Street, NW
Washington, DC 20006
Telephone: (202) 540-7200
MERCEDES-BENZ FINANCIAL: Dematties Sues Over Unfair Debt Collection
-------------------------------------------------------------------
BERNADETTE DEMATTIES, individually and on behalf of all others
similarly situated, Plaintiff v. MERCEDES-BENZ FINANCIAL SERVICES
USA LLC, Defendant, Case No. CACE-23-022961 (Fla. Cir., Broward
Cty., Dec. 28, 2023) seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
MERCEDES-BENZ FINANCIAL SERVICES USA LLC provides financial
services. The Company offers financing and leasing services. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Email: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
MILLAN ENTERPRISES: Wahab Sues Over ADA Violations in S.D.N.Y.
--------------------------------------------------------------
A class action lawsuit has been filed against Millan Enterprises,
LLC. The case is captioned as ANGELA WAHAB, individually and on
behalf of all others similarly situated, v. MILLAN ENTERPRISES,
LLC, Case No. 1:24-cv-00001 (S.D.N.Y., January 2, 2024).
The nature of the suit is stated as 446 Civil Rights: Americans
with Disabilities - Other.
Millan Enterprises, LLC is a residential and commercial real estate
company doing business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: mrozenberg@steinsakslegal.com
MINNESOTA: Sagataw Files Civil Rights Complaint in D. Minnesota
---------------------------------------------------------------
A class action lawsuit has been filed against Mayor Jacob Frey, in
his individual and official capacity. The case is captioned as
CHERYL SAGATAW, et al., on behalf of themselves and all others
similarly situated, v. MAYOR JACOB FREY, in his individual and
official capacity, Case No. 0:24-cv-00001-ECT-TNL (D. Minn.,
January 2, 2024).
The nature of suit is stated as 440 Civil Rights - Other Civil
Rights. [BN]
The Plaintiffs are represented by:
Kira Aakre Kelley, Esq.
238 Emerald St.
Minneapolis, MN 55414
Telephone: (802) 683-4086
E-mail: kira@climatedefenseproject.org
MR. COOPER: Joens Files Suit in M.D. Florida
--------------------------------------------
A class action lawsuit has been filed against Mr. Cooper, et al.
The case is styled as Janet Joens, and all others similarly
situated v. Mr. Cooper, Pingora Loan Servicing, LLC, Case No.
8:23-cv-02717-MSS-UAM (M.D. Fla., Nov. 28, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Mr. Cooper -- https://www.mrcooper.com/ -- offers mortgage
services.[BN]
The Plaintiff is represented by:
Bryant Dunivan, Jr., Esq.
THE CONSUMER PROTECTION ATTORNEY, PA
301 W. Platt St., #216
Tampa, FL 33606
Phone: (813) 252-0239
Email: bryant@theconsumerprotectionattorney.com
MR. COOPER: Short Sues Over Failure to Secure and Safeguard PII
---------------------------------------------------------------
Jerold Short and Carlette Short, on behalf of themselves and all
others similarly situated v. MR. COOPER GROUP INC., Case No.
3:23-cv-02592-S (N.D. Tex., Nov. 22, 2023), is brought against Mr.
Cooper for its failure to secure and safeguard customers'
personally identifiable information ("PII") and for failing to
provide timely, accurate, and adequate notice to Plaintiffs and
Class members that their PII had been compromised.
On November 2, 2023, Mr. Cooper posted on its website and filed an
8-K statement announcing that it had sustained a potentially
massive data breach in which unauthorized actors gained access to
its networks (the "Data Breach"). While admitting the actors
"gained access to certain of our technology systems," Mr. Cooper
failed to disclose which systems were affected, what information
was accessed, and how many of its 4.3 million customers were
impacted. Mr. Cooper also omitted when the breach began, disclosing
only that it discovered the unauthorized access on October 31,
2023. It is unclear from Mr. Cooper's statements whether the breach
has actually been contained.
Although Mr. Cooper's disclosures have been scarce, the available
evidence suggests the Data Breach is massive in size and scope.
Millions of customers went days without being able to make mortgage
payments, and other customers report having experienced
unauthorized bank transactions they believe are directly tied to
the Data Breach.
As a result of Mr. Cooper's failure to protect the sensitive
information it was entrusted to safeguard, Plaintiffs and Class
members have suffered harm and have been exposed to a significant
and continuing risk of identity theft, financial fraud, and other
identity-related fraud indefinitely, says the complaint.
The Plaintiffs have been customers of Mr. Cooper since 2022.
Mr. Cooper is a Texas based loan servicer that "provides servicing,
origination and transaction-based services related to single family
residences throughout the United States."[BN]
The Plaintiffs are represented by:
Sara Hollan Chelette, Esq.
Christopher W. Patton, Esq.
LYNN PINKER HURST & SCHWEGMANN LLP
2100 Ross Avenue, Suite 2700
Dallas, TX 75201
Phone: (214) 981-3800
Facsimile: (214) 981-3839
Email: schelette@lynnllp.com
cpatton@lynnllp.com
- and -
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Tanner J. Edwards, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Phone: (816) 714-7100
Email: siegel@stuevesiegel.com
moore@stuevesiegel.com
tanner@stuevesiegel.com
NATIONAL FOOTBALL: Franz Alleges Licensed Products' Conspiracy
--------------------------------------------------------------
Charles Franz, individually and on behalf of all others similarly
situated, Plaintiff v. National Football League et al., Defendants,
Case No. 1:23-cv-11288 (S.D.N.Y., December 29, 2023) seeks to
recover recover treble damages and the litigation costs, including
reasonable attorneys’ fees, as well as for injunctive relief,
pursuant to the Sherman Act and the Clayton Act.
The Plaintiff alleges that Defendants, directly and through their
agents, were engaged in anticompetitive activities affecting all
states, as Defendants coordinated activities related to marketing,
design and manufacture, pricing, sales, and shipments of National
Football League Licensed Products to customers throughout the
country. Thus, the Defendants' conspiracy and anticompetitive
conduct caused, and continues to cause, him and the Class members
to pay unlawfully inflated prices for NFL Licensed Products
purchased from Defendants, says the Plaintiff.
Headquartered in New York, NY, NFL is an association of 32
professional football teams in the United States. NFL and its
member teams created NFL Properties LLC, which serves as their
representative for the licensing of their trademarks and logos.
[BN]
The Plaintiff is represented by:
Warren T. Burns, Esq.
BURNS CHAREST LLP
900 Jackson Street, Suite 500
Dallas, TX 75202
Telephone: (469) 904-4550
Facsimile: (469) 444-5002
E-mail: wburns@burnscharest.com
- and -
Christopher J. Cormier, Esq.
Spencer Cox, Esq.
BURNS CHAREST LLP
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Telephone: (202) 577-3977
Facsimile: (469) 444-5002
E-mail: ccormier@burnscharest
scox@burnscharest
- and -
Claire Curwick, Esq.
BURNS CHAREST LLP
365 Canal Street, Suite 1170
New Orleans, LA 70130
Telephone: (504) 799-2845
Facsimile: (504) 881-1765
E-mail: ccurwick@burnscharest.com
- and -
Matthew S. Tripolitsiotis, Esq.
Cristina Delise, Esq.
BURNS CHAREST LLP
757 Third Ave., 20th Floor
New York, NY 10017
Telephone: (469) 904-4550
Facsimile: (469) 444-5002
E-mail: mtripolitsiotis@burnscharest.com
cdelise@burnscharest.com
NORTHWELL HEALTH: Lowery Sues Over Failure to Safeguard PII & PHI
-----------------------------------------------------------------
Ratiek Lowery, individually and on behalf of all others similarly
situated v. NORTHWELL HEALTH, INC. and PERRY JOHNSON & ASSOCIATES,
INC., Case No. 2:23-cv-01857-RFB-NJK (D. Nev., Nov. 13, 2023), is
brought against Defendants for their failure to secure and
safeguard his and approximately 3.9 million other individuals'
personally identifying information ("PII") and personal health
information ("PHI"), including names, Social Security numbers,
dates of birth, addresses, medical record numbers, encounter
numbers, medical information, and dates/times of service.
Between approximately March 27, 2023, and May 2, 2023, an
unauthorized third party gained access to PJA's network system and
obtained files containing information about Northwell's current and
former patients (the "Data Breach").
The Defendants owed a duty to Plaintiff and Class members to
implement and maintain reasonable and adequate security measures to
secure, protect, and safeguard their PII/PHI against unauthorized
access and disclosure. Defendants breached that duty by, among
other things, failing to implement and maintain reasonable security
procedures and practices to protect Northwell's patients' PII/PHI
from unauthorized access and disclosure.
As a result of Defendants' inadequate security and breach of their
duties and obligations, the Data Breach occurred, and Plaintiff's
and Class members' PII/PHI was accessed and disclosed. This action
seeks to remedy these failings and their consequences. Plaintiff
brings this action on behalf of himself and all persons whose
PII/PHI was exposed as a result of the Data Breach, which occurred
between approximately March 27, 2023, and May 2, 2023.
The Plaintiff, on behalf of himself and all other Class members,
asserts claims for negligence, negligence per se, breach of
fiduciary duty, breach of implied contract, unjust enrichment, and
violations of the New York Deceptive Acts and Practices Act, and
seeks declaratory relief, injunctive relief, monetary damages,
statutory damages, punitive damages, equitable relief, and all
other relief authorized by law, says the complaint.
The Plaintiff obtained healthcare or related services from
Northwell.
Northwell is the largest health system in New York.[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
Nevada State Bar No. 12078
STRANCH, JENNINGS & GARVEY, PLLC
3100 W. Charleston Boulevard, Suite 208
Las Vegas, NV 89102
Phone: (725) 235-9750
Email: lasvegas@stranchlaw.com
- and -
J. Gerard Stranch IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: 615-254-8801
Email: gstranch@stranchlaw.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Phone: 312-621-2000
Fax: 312-641-5504
Email: b.barnow@barnowlaw.com
aparkhill@barnowlaw.co
PERRY JOHNSON & ASSOCIATES: Colon Sues Over Data Breach
-------------------------------------------------------
Byron Colon and Edward Miller, Jr., individually and on behalf of
all similarly situated persons v. PERRY, JOHNSON, & ASSOCIATES,
INC., Case No. 2:23-cv-01910-RFB-EJY (D. Nev., Nov. 20, 2023), is
brought to address Defendant's inadequate safeguarding of Class
Members' Private Information that it collected and maintained, and
for failing to provide timely and adequate notice to Plaintiffs and
Class Members that their information had been subject to the
unauthorized access of an unknown third party and precisely what
specific type of information was accessed.
This class action arises out of the recent targeted cyberattack and
data breach ("Data Breach") at PJA, a healthcare-focused
information technology company. As a result of the Data Breach,
Plaintiffs and approximately 9 million Class Members suffered
ascertainable losses in the form of the loss of the benefit of
their bargain, out-of-pocket expenses and the value of their time
reasonably incurred to remedy or mitigate the effects of the
attack. In addition, Plaintiffs' and Class Members' sensitive
personal information--which was entrusted to Defendant for safe
keeping --was compromised and unlawfully accessed due to the Data
Breach.
Information compromised in the Data Breach includes patient contact
information (such as patient names, dates of birth, and
addresses,); Social Security numbers; medical and/or treatment
information (dates of services, locations, services requested or
procedures performed, diagnosis, physician names, and Medical
Record Numbers). The Data Breach included protected health
information ("PHI") as defined by the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA"), and personally
identifiable information ("PII") that Defendant collected and
maintained (collectively "Private Information").
The Defendant collected and maintained Private Information in a
reckless manner. In particular, Private Information was collected
by Defendant and maintained on its computer network in a condition
vulnerable to cyberattacks. As a result of the Data Breach,
Plaintiffs and Class Members have been exposed to a heightened and
imminent risk of fraud and identity theft. Plaintiffs and Class
Members must now and in the future closely monitor their financial
accounts to guard against identity theft, says the complaint.
The Plaintiff is a patient who received health care services from
one of Defendant's customers.
PERRY, JOHNSON, & ASSOCIATES, INC. is a company that provides
healthcare-focused information technology services.[BN]
The Plaintiff is represented by:
Miles N. Clark, Esq.
LAW OFFICES OF MILES N. CLARK, LLC
5510 S. Fort Apache Rd, Suite 30
Las Vegas, NV 89148-7700
Phone: (702) 856-7430
Fax: (702) 552-2370
Email: miles@milesclarklaw.com
- and -
Jean S. Martin, Esq.
Francesca K. Burne, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Phone: (813) 559-4908
Facsimile: (813) 222-4795
Email: jeanmartin@forthepeople.com
fburne@forthepeople.com
PROGRESS SOFTWARE: Clarke Files Suit in W.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is styled as Kimberly Clarke,
Alexander Hagen, on behalf of her minor child and on behalf of all
others similarly situated v. Progress Software Corporation, Greater
Rochester Independent Practice Association Inc., Cadence Bank, Case
No. 6:23-cv-06665-FPG (W.D.N.Y., Nov. 22, 2023).
The nature of suit is stated as Other Personal Property for Other
Contract.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiffs are represented by:
Frederic D. Ostrove, Esq.
LEEDS BROWN LAW, PC
One Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
Fax: (516) 747-5024
Email: rostrove@lmblaw.com
PROGRESS SOFTWARE: Mendez Files Property Damage Suit in S.D.N.Y.
----------------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is captioned as JESSICA MENDEZ,
individually and on behalf of all others similarly situated, v.
PROGRESS SOFTWARE CORPORATION, et al., Case No. 1:24-cv-00018-JHR
(S.D.N.Y., January 2, 2024).
The nature of suit is stated as 380 Torts - Personal Property -
Other Personal Property Damage.
Progress Software Corporation is a software company doing business
in New York. [BN]
The Plaintiff is represented by:
Michael Alexander Tompkins, Esq.
LEEDS BROWN LAW PC
1 Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Facsimile: (516) 747-5024
E-mail: mtompkins@lmblaw.com
REAL ESTATE BOARD: Friedman Sues Over Alleged Antitrust Conspiracy
------------------------------------------------------------------
ROBERT FRIEDMAN, individually and on behalf of other similarly
situated persons, Plaintiff v. REAL ESTATE BOARD OF NEW YORK,
DOUGLAS ELLIMAN, INC., CHRISTIE’S INTERNATIONAL REAL ESTATE LLC,
THE CORCORAN GROUP, INC., SOTHEBY’S INTERNATIONAL REALTY
AFFILIATES LLC, BROWN HARRIS STEVENS, LLC, SERHANT LLC, COMPASS,
INC., NEST SEEKERS LLC, THE AGENCY IP HOLDCO, LLC d/b/a THE AGENCY
RE, ELEGRAN LLC, ENGEL & VOLKERS NEW YORK REAL ESTATE LLC, R NEW
YORK, ANYWHERE REAL ESTATE, INC., TERRA HOLDINGS, LLC and LESLIE J.
GARFIELD & CO., INC., Defendants, Case No. 1:23-cv-09601 (E.D.N.Y.,
December 29, 2023) arises out of an alleged horizontal antitrust
conspiracy among major residential real estate firms not to compete
over broker commissions in Brooklyn, New York's most expensive
neighborhoods.
Allegedly, the Defendants perpetrated this conspiracy through the
Real Estate Board Of New York (REBNY), New York City's real estate
trade organization. As REBNY members, Defendants devised and agreed
in writing to a set of rules requiring a real estate broker
representing a home seller to split the commission from a real
estate transaction equally with the broker representing the home
buyer -- a commission that must be paid by the home seller. As a
result, the Defendants' conspiracy has artificially inflated broker
commissions to a range of 5% to 6% of the sale price in nearly all
residential real estate transactions in REBNY Brooklyn -- half of
which automatically goes to the buyer broker--an overcharge that is
borne entirely by the home seller, says the suit.
Headquartered in New York, NY, REBNY is a private trade association
comprised of a vast majority of New York’s real estate agents and
brokerages. [BN]
The Plaintiff is represented by:
Steven L. Groopman, Esq.
Steven J. Buttacavoli, Esq.
Kristie A. LaSalle, Esq.
Brooke E. Lowell, Esq.
BERMAN TABACCO
One Liberty Square
Boston, MA 02109
Telephone: (617) 542-8300
Facsimile: (617) 542-1194
E-mail: sgroopman@bermantabacco.com
sbuttacavoli@bermantabacco.com
klasalle@bermantabacco.com
blowell@bermantabacco.com
- and -
Daniel Goldman, Esq.
BIENERT KATZMAN LITRELL WILLIAMS LLP
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Telephone: (973) 476-5485
E-mail: dgoldman@bklwlaw.com
- and -
Todd A. Seaver, Esq.
Carl N. Hammarskjold, Esq.
BERMAN TABACCO
425 California St, Suite 2300
San Francisco, CA 94104
Telephone: (415) 433-3200
Facsimile: (415) 433-6382
E-mail: tseaver@bermantabacco.com
chammarskjold@bermantabacco.com
REFRESCO BEVERAGES: Alonzo Files Suit in D. New Jersey
------------------------------------------------------
A class action lawsuit has been filed against Cinfed Federal Credit
Union, et al. The case is styled as Anna Villa Alonzo, on behalf of
herself and all others similarly situated v. Cinfed Federal Credit
Union, Case No. 3:23-cv-22695-GC-JBD (S.D. Ohio, Nov. 28, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Refresco -- https://www.refresco.com/en -- is the world's largest
independent bottler of beverages for leading retailers and A-brands
with production in Europe, North America and Mexico.[BN]
The Plaintiffs are represented by:
Gaetano Joseph Dipersia, I, Esq.
Charles Joseph Kocher, Esq.
MCOMBER MCOMBER & LUBER, P.C.
50 Lake Center Drive, Suite 400
Marlton, NJ 08053
Phone: (856) 985-9800
Email: gjd@njlegal.com
cjk@njlegal.com
SEATTLE SERVICE: Rivera FDCPA Suit Removed to M.D. Florida
----------------------------------------------------------
The case styled as Vanessa Rivera, individually and on behalf of
all those similarly situated v. Seattle Service Bureau, Inc., Case
No. 2023-CA-016283-O was removed from the 9th Judicial Circuit, In
and For Orange County, to the U.S. District Court for the Middle
District of Florida on Nov. 28, 2023.
The District Court Clerk assigned Case No. 6:23-cv-02278-PGB-DCI to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Seattle Service Bureau, Inc., doing business as National Service
Bureau, operates as a debt recovery agency.[BN]
The Plaintiff is represented by:
Jennifer Gomes Simil, Esq.
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 S.E. 6TH Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (954) 628-5793
Fax: (954) 507-9974
Email: jen@jibraellaw.com
jibrael@jibraellaw.com
The Defendants are represented by:
Marc S. Dobin, Esq.
DOBIN LAW GROUP, PA
500 University Blvd., Suite 205
Jupiter, FL 33458
Phone: (561) 575-5880
Fax: (561) 203-4153
Email: mdobin@dobinlaw.com
SHARKNINJA OPERATING: Potvin Sues Over Negligence
-------------------------------------------------
Timothy Potvin, indiviually and others similarly situated V.
SHARKNINJA OPERATING LLC, Case No. 1:23-cv-12809-WGY (D. Mass.,
Nov. 20, 2023), is brought against the Defendant's breach of duty
and negligence which caused the Plaintiff to sustain considerable
injury.
The Plaintiff was taking the cover off the 8-cup food processing
attachment off the subject product when the interior blade fell out
of the bowl and landed on Plaintiff's big toe of his right foot
causing a severe laceration. The Plaintiff was using the product
for its general purpose and its intended and ordinary uses. The
incident resulted in Plaintiff severing two tendons requiring
surgery and extensive rehabilitation treatment.
The Defendant has a duty to assure that the products will not be
unreasonably dangerous with normal intended use, and to warn
consumers of any potential dangers that may result with normal use.
The Defendant breached its duty to assure that products will not be
unreasonably dangerous with intended use, and warn consumers of
dangers of using the product as intended.
This breach includes, but is not limited to: allowing the blade of
the subject product to sit loosely within the bowl without anything
to prevent it from moving or falling out of the bowl, allowing the
cover the fit so tightly in the bowl that a large amount of force
must be used to remove the cover causing the blade to move around
and potentially fall out of the bowl, not designing the bowl deep
enough to prevent the blade from falling out of the bowl should the
blade move around, and not warning customers that the blade is not
secured to the bowl and its potential to fall out causing injury.
As a direct and proximate result of the Defendant's negligence,
Plaintiff sustained considerable injury. Mr. Potvin had to have
surgery could not bear weight on the toe for about six weeks. He
then attended physical therapy to improve range of motion, pain,
tenderness, muscle strength and edema resulting from this incident.
Mr. Potvin continues to suffer from his injuries and his way of
life, including raising of his young child has been affected, says
the complaint.
The Plaintiff purchased a Ninja Mega Kitchen System 1500 Model No.
BL770 (hereinafter "subject product")
The Defendant is the designer and manufacturer of the subject
product.[BN]
The Plaintiff is represented by:
Damien J. Martin, Esq.
2341 Boston Road
Wilbraham, MA 01095
Phone: (413) 433-5000
Email: Damien@djm-law.net
SLT LENDING SPV: Keifer Suit Transferred to C.D. Indiana
--------------------------------------------------------
The case captioned as David Keifer, individually and on behalf of
all others similarly situated v. SLT Lending SPV, Inc. doing
business as: Sur La Table, Inc., Case No. 3:23-cv-04790 was
transferred from the U.S. District Court for the Northern District
of California, to the U.S. District Court for the Northern District
of Indiana on Nov. 20, 2023.
The District Court Clerk assigned Case No. 2:23-cv-00394-JD-JPK to
the proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
SLT Lending SPV Inc doing business as Sur La Table, Inc. --
https://www.surlatable.com/ -- is a privately held retail company
based in Seattle, Washington, that sells kitchenware including
cookware, cutlery, cooks' tools, small electrics, tabletop and
linens, bakeware, glassware and bar, housewares, food, and outdoor
products.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
The Defendant is represented by:
Bonnie Keane DelGobbo, Esq.
BAKER & HOSTETLER LLP - CHI/IL
One North Wacker Drive Ste 4500
Chicago, IL 60606-1901
Phone: (312) 416-6200
Fax: (312) 416-6201
Email: bdelgobbo@bakerlaw.com
- and -
Victoria Leigh Weatherford, Esq.
BAKER & HOSTETLER LLP
600 Montgomery Street, Suite 3100
San Francisco, CA 94111
Phone: (415) 659-2634
Fax: (415) 659-2601
STANFORD HEALTH: Appeals Remand Ruling in Gibson Privacy Suit
-------------------------------------------------------------
Stanford Health Care filed an appeal from the District Court's
Order dated November 9, 2023 entered in the lawsuit entitled DAVINA
GIBSON, individually and on behalf of all other persons similarly
situated, Plaintiff v. STANFORD HEALTH CARE, Defendant, Case No.
5:23-cv-02320-BLF, in the United States District Court for the
Northern District of California.
Plaintiff Gibson filed this putative class action against Defendant
Stanford Health Care on May 11, 2023 in the Santa Clara County
Superior Court, asserting three state law privacy claims on behalf
of California residents who have used Stanford's online patient
portal. The Plaintiff claims that Stanford's website utilizes
certain code provided to it by Facebook -- "the Facebook Tracking
Pixel" -- that transmits patients' personally identifiable
information and protected health information to Facebook whenever
the patient portal is used, without the patients' consent and in
violation of their privacy rights.
Defendant Stanford removed the action to federal district court
pursuant to 28 U.S.C. Section 1442(a)(1), commonly referred to as
the federal officer removal statute, which in relevant part
provides for the removal of an action brought against a federal
officer or "any person acting under that officer" where the action
is "for or relating to any act under color of such office." Gibson
moved to remand the action to state court, arguing that Section
1442(a)(1) does not apply because Stanford was not "acting under" a
federal officer when Stanford violated patients' privacy rights.
Stanford opposed remand. The Court previously vacated the hearing
on the motion.
On November 9, 2023, Judge Beth Labson Freeman entered an Order
granting Plaintiff's motion to remand the case.
The appellate case is captioned as Gibson v. Stanford Health Care,
Case No. 23-4102, in the United States Court of Appeals for the
Ninth Circuit, filed on December 12, 2023.
The briefing schedule in the Appellate Case states that:
-- Mediation Questionnaire for Appellant was due on December 18,
2023;
-- Appeal Opening Brief for Appellant is due on January 22,
2024; and
-- Appeal Answering Brief for Appellee is due on February 21,
2024.[BN]
SUMMIT PROTECTIVE: Gilson Files Class Suit in Cal. State Court
--------------------------------------------------------------
A class action lawsuit has been filed against Summit Protective &
Investigative Services, Inc., a California Corporation, et al. The
case is captioned as ELIZABETH R. GILSON, et al., individually and
on behalf of all others similarly situated, v. SUMMIT PROTECTIVE &
INVESTIGATIVE SERVICES, INC., A CALIFORNIA CORPORATION, et al.,
Case No. 24CV000013 (Cal. Super., Sacramento Cty., January 2,
2024).
A case management conference is set for December 27, 2024, before
Judge Richard K. Sueyoshi.
Summit Protective & Investigative Services, Inc. is a provider of
security guard services in California. [BN]
SUPERGOOP LLC: Dunning Sues Over Mislabeled Sunscreen Products
--------------------------------------------------------------
MARCEANN DUNNING, individually and on behalf of all others
similarly situated, Plaintiff v. SUPERGOOP, LLC, Defendant, Case
No. 1:23-cv-11242 (S.D.N.Y., Dec. 28, 2023) alleges that the
Defendants sells a mislabeled Supergoop Unseen Sunscreen SPF 40
products for face or body (the "Products" or the "Unseen
Sunscreens").
According to the complaint, the Products' Principal Display Panels
prominently state that the Products are "SPF 40." As described
herein, the representation "SPF 40" on the PDPs is false and
misleading as the Products1 are not SPF 40 and, in fact, provide a
significantly lower SPF protection. Had the Plaintiff known the
truth that the Product contained a materially lower SPF, she would
not have purchased it, or would have paid significantly less for
it. As such, she has been injured as a direct result of Defendant's
conduct, says the Plaintiff.
SUPERGOOP, LLC provides personal care products. The Company offers
lotions, powders, setting sprays, oils, mousse, and skin care
products. [BN]
The Plaintiff is represented by:
Christian Levis, Esq.
Nicole A. Veno, Esq.
Amanda Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
Email: clevis@lowey.com
nveno@lowey.com
afiorilla@lowey.com
SUPERIOR STAFFING: Appeals Judgment in Voyles FLSA Suit to 5th Cir.
-------------------------------------------------------------------
SUPERIOR STAFFING, LLC, et al. are taking an appeal from a court
order granting the Plaintiffs' motion for default judgment in the
lawsuit entitled William Voyles, et al., individually and on behalf
of all others similarly situated, Plaintiffs, v. Superior Staffing,
LLC, et al., Defendants, Case No. 6:18-cv-1410, in the U.S.
District Court for the Western District of Louisiana.
The Plaintiffs filed a complaint against the Defendants for
violations of the Fair Labor Standards Act of 1938 (FLSA).
On Nov. 7, 2022, the Plaintiffs filed a motion for default
judgment, which the Court granted through an Order entered by Judge
Robert R Summerhays on Sept. 27, 2023.
On Oct. 24, 2023, the Defendants filed a first motion for
reconsideration on the default judgment order, which the Court
denied on Nov. 27, 2023.
The appellate case is captioned Voyles v. Superior Staffing, Case
No. 23-30920, in the United States Court of Appeals for the Fifth
Circuit, filed on December 27, 2023. [BN]
Plaintiffs-Appellees WILLIAM VOYLES, et al., individually and on
behalf of all others similarly situated, are represented by:
Kenneth W. Dejean, Esq.
LAW OFFICE OF KENNETH DEJEAN
417 W. University
Lafayette, LA 70506
Telephone: (337) 235-5294
Defendants-Appellants Superior Staffing, LLC, et al. are
represented by:
Lauren Ashley Noel, Esq.
LAUREN & COMPANY
P.O. Box 1362
Scott, LA 70583
Telephone: (337) 385-0543
SUTTER HEALTH: O'Connor Sues Over Failure to Secure PII & PHI
-------------------------------------------------------------
Catherine O'Connor and Frank Coats, individually, and on behalf of
all others similarly situated v. SUTTER HEALTH; WELLTOK, INC.;
PROGRESS SOFTWARE CORPORATION; and IPSWITCH, INC., Case No.
2:23-cv-02725-KJM-DB (E.D. Cal., Nov. 20, 2023), is brought against
Defendants for their failure to secure and safeguard their and
approximately 845,441 other similarly situated individuals'
personally identifiable information ("PII") and personal health
information ("PHI"), including but not limited to names, addresses,
telephone numbers, email addresses, Medicare/Medicaid ID numbers,
certain health insurance plan or group names, provider names,
prescription names, and treatment codes.
Sutter contracts with Welltok to provide communications to its
patients and shares its patients' PII/PHI with Welltok.Welltok
transferred Sutter's patients' PII/PHI through Ipswitch and PSC's
MOVEit Transfer software. Plaintiffs' and Class members' PII/PHI
was disclosed to unauthorized third parties during a massive data
breach compromising the MOVEit Transfer and MOVEit Cloud ("MOVEit")
software that occurred between approximately May 30, 2023, and May
31, 2023 (the "Data Breach"). During the Data Breach, and due to
Defendants' data security and privacy shortcomings, unauthorized
persons were able to gain access to files containing the PII/PHI of
Sutter's patients by exploiting a vulnerability in the MOVEit
platform.
The Defendants owed a duty to Plaintiffs and Class members to
implement and maintain reasonable and adequate security measures to
secure, protect, and safeguard their PII/PHI against unauthorized
access and disclosure. Defendants breached that duty by, among
other things, failing to implement and maintain reasonable security
procedures and practices to protect their PII/PHI from unauthorized
access and disclosure.
As a result of Defendants' inadequate security measures and breach
of their duties and obligations, the Data Breach occurred, and
Plaintiffs' and Class members' PII/PHI was accessed and disclosed.
This action seeks to remedy these failings and their consequences.
Plaintiffs bring this action on behalf of themselves and all of
Sutter's patients whose PII/PHI was exposed as a result of the Data
Breach, says the complaint.
The Plaintiff was required to provide her PII/PHI to Sutter in
connection with obtaining healthcare or other services
Sutter is a large healthcare system based in Sacramento,
California.[BN]
The Plaintiff is represented by:
Timothy G. Blood, Esq.
Jennifer L. Macpherson, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Phone: 619/338-1100
Fax: 619/338-1101
Email: tblood@bholaw.com
jmacpherson@bholaw.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Phone: 312/621-2000
Email: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
UNITED AIRLINES: McKnight Suit Removed to N.D. Illinois
-------------------------------------------------------
The case captioned as Ginnie McKnight, individually and on behalf
of herself and all others similarly situated v. UNITED AIRLINES,
INC., a Delaware corporation, and UNITED AIRLINES HOLDINGS, INC., a
Delaware corporation, Case No. 2023-CH-08820 was removed from the
Circuit Court of Cook County, Illinois, to the U.S. District Court
for the Northern District of Illinois on Nov. 20, 2023, and
assigned Case No. 1:23-cv-16118.
On October 17, 2023, Plaintiff filed a class action complaint
individually and on behalf of all others similarly situated, based
on alleged violations of the Illinois Genetic Information Privacy
Act ("GIPA").[BN]
The Defendants are represented by:
Ada W. Dolph, Esq.
Danielle Kays, Esq.
Ala Salameh, Esq.
SEYFARTH SHAW LLP
233 South Wacker Drive, Suite 8000
Chicago, IL 60606-6448
Phone: (312) 460-5000
Facsimile: (312) 460-7000
Email: adolph@seyfarth.com
dkays@seyfarth.com
asalameh@seyfarth.com
UNITED STATES: German Files Civil Class Suit in Cal. State Court
----------------------------------------------------------------
A class action lawsuit has been filed against United States Cold
Storage of California, a California Corporation, et al. The case is
captioned as JOSE GERMAN, individually and on behalf of all others
similarly situated, v. UNITED STATES COLD STORAGE OF CALIFORNIA, A
CALIFORNIA CORPORATION, et al., Case No. BCV-24-100005 (Cal.
Super., Kern Cty., January 2, 2024).
A case management conference is set for July 1, 2024, before Judge
Bernard C. Barmann, Jr.
United States Cold Storage of California is a logistics solutions
provider in California. [BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, A LAW CORPORATION
5950 Canoga Ave., Suite 550
Woodland Hills, CA 91367
Telephone: (818) 293-5623
E-mail: roman@olfla.com
UNITED STATES: Sinkfield Suit Moved From E.D. Pa. to D. Minn.
-------------------------------------------------------------
The case styled DEON SINKFIELD, JR., individually and on behalf of
all others similarly situated v. UNITED STATES OF AMERICA INC.,
Case No. 2:23-cv-04684, was transferred from the U.S. District
Court for the Eastern District of Pennsylvania to the U.S. District
Court for the District of Minnesota on January 2, 2024.
The Clerk of Court for the District of Minnesota assigned Case No.
0:24-cv-00002-DWF-DJF to the proceeding.
The nature of the suit is stated as 440 Civil Rights – Other
Civil Rights.
United States of America Inc. is a company in the U.S. [BN]
The Plaintiff appears pro se.
UNITED STATES: Woodley Apppeals Ruling in Haggart Suit to Fed. Cir.
-------------------------------------------------------------------
Plaintiff DENISE LYNN WOODLEY filed an appeal from the court's
order entered in the lawsuit styled DANIEL HAGGART, KATHY HAGGART,
HUSBAND AND WIFE, FOR THEMSELVES AND AS REPRE-SENTATIVES OF A CLASS
OF SIMILARLY SITU-ATED PERSONS, GORDON ARTHUR WOODLEY, PERSONAL
COUNSEL FOR KIT-TINGER DEED CLAIMANTS, WESTPOINT PROP-ERTIES, LLC,
C/O FARAMARZ GHODDOUSSI, CLEVELAND SQUARE, LLC, RC TC MERIDIAN
RIDGE, LLC, TWOSONS LLC, GRETCHEN CHAM-BERS, WILLIAM AMES, DENNIS
J. CRISPIN, DEBLOIS PROPERTIES LLC, C/O DAVID AND DEBRA DEBLOIS,
STAR EVANS, MICHAEL B. JA-COBSEN, FRANCES JANE LEE, SUSAN B. LONG,
CLAUDIA MANSFIELD, FREDERICK P. MILLER, SUSAN L. MILLER, PBI
ENTERPRISES, LLC, MI-CHAEL G. RUSSELL, ELANA RUSSELL, JAMES M.
SATHER, KELLY J. SATHER, JAMES E. STRANG, D. MICHAEL YOUNG, JULIA
H. YOUNG, MOLLY A. JACOBSEN, LESLIE MILSTEIN, ALISON L. WEBB,
PATRICIA STRANG, Plaintiffs, DENISE LYNN WOODLEY,
Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee, Case No.
2021-1660, in the United States Court of Appeals for the Federal
Circuit.
The origins of the dispute underlying this case concern land in the
state of Washington that was converted into a recreational train
pursuant to Section 208 of the National Trails System Act
Amendments of 1983. The Plaintiffs filed suit over a decade ago,
alleging that the conversion constituted a taking of their property
without just compensation. The court certified an initial class of
over 500 members, which was subsequently split into six subclasses.
In 2012, the court ruled on cross-motions for summary judgment,
finding "the government liable to certain class members within
Subclass Two and Categories A through D of Subclass Four" while
also granting "the government summary judgment as to class
claimants in Subclass Four, Category E."
The Plaintiffs sought approval of a renewed notice to the class
regarding the settlement, which the government opposed to the same
grounds it had raised in its prior post-remand motions. The court
held a fairness hearing on December 18, 2017 in Seattle,
Washington, in which numerous class members participated. On
January 26, 2018, the court approved the settlement agreement and
entered a partial final judgment under Federal Rule of Civil
Procedure 54(b), enabling the government to appeal the settlement
approval immediately while reserving judgment on the matter of
whether the Plaintiffs could recover statutory legal fees and costs
beyond those already contained within the settlement agreement
itself. Effectively, the court employed Rule 54(b) to bifurcate its
approval of the settlement agreement from any determination
regarding legal fees and costs outside the settlement agreement.
On the government's subsequent appeal, the Federal Circuit affirmed
the court's approval of the settlement on November 27, 2019 but
declined to address the government's arguments regarding legal fees
and costs on the jurisdictional ground that this court had not
previously acted regarding them. The Federal Circuit's mandate was
issued on January 21, 2020. On March 2, 2020, the Plaintiffs filed
five separate motions, representing four different plaintiffs or
groups of plaintiffs, seeking statutory legal fees and costs
pursuant to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970. Following an additional round of
motions practice in which the government sought to compel the
production of retainer and fee agreements from class counsel, the
government individually responded to each of the fee motions on
June 22, 2020. The Plaintiffs filed replies on July 6, 2020.
A motion was filed separately by Plaintiff Denise Woodley for fees
and expenses. In the motion, she sought attorney's fees for work
performed by her attorney-spouse, Gordon Woodley, joint owner of
the property at issue and co-plaintiff in the case, explaining that
he was one of her lawyers throughout the proceeding, and she also
sought to recoup certain expenses. The Claims Court denied the
motion, reasoning that pro se litigants cannot recover attorney's
fees and expenses and that the work of Gordon Woodley, as a
co-plaintiff and joint owner of the property at issue, was pro se
and thus not compensable.
Denise Woodley appealed.
On June 22, 2022, the Court of Appeals for the Federal Circuit
affirmed the Claims Court's determination that Denise Woodley is
not entitled to attorney's fees for the legal work performed by her
attorney-spouse in this case. But the Court vacated the court's
determination that she is not entitled to any expenses on that
basis, and remanded for a determination of the proper
reimbursement, if any, of the claimed expenses.
The appellate case is captioned as Haggart v. United States, Case
No. 24-1256, in the U.S. Court of Appeals for the Federal Circuit,
filed on December 12, 2023.
The briefing schedule in the Appellate Case states that:
-- Entry of Appearance was due December 26, 2023;
-- Certificate of Interest was due December 26, 2023;
-- Docketing Statement was due January 11, 2024; and
-- Appellant/Petitioner's brief is due on February 12,
2024.[BN]
Plaintiff-Appellant DENISE LYNN WOODLEY is represented by:
Gordon Arthur Woodley, Esq.
PO Box 53043
53043 Bellevue, WA 98015
Telephone: (425) 802-1400
Defendant-Appellee UNITED STATES is represented by:
David A. Harrington, Esq.
UNITED STATES DEPARTMENT OF JUSTICE
PO Box 480
Ben Franklin Station
Washington, DC 20044
Telephone: (202) 616-0465
- and -
William B. Lazarus, Esq.
UNITED STATES DEPARTMENT OF JUSTICE
PO Box 7415
Washington, DC 20044
Telephone: (202) 514-4168
USA CARSHIP: Has Made Unsolicited Calls, Barrow-Rivas Suit Claims
-----------------------------------------------------------------
ALEXANDRA BARROW-RIVAS, individually and on behalf of all others
similarly situated, Plaintiff v. USA CARSHIP INC., Defendant, Case
No. 2:23-CV-279-RWS (N.D. Ga., Dec. 28, 2023) seeks to stop the
Defendants' practice of making unsolicited calls.
USA CARSHIP INC. provides auto transport service, with network of
hundreds of professional car carriers. [BN]
The Plaintiff is represented by:
Justin T. Holcombe, Esq.
SKAAR & FEAGLE LLP
133 Mirramont Lake Drive
Woodstock, GA 30189
Telephone: (70) 427-5600
Facsimile: (404) 601-1855
Email: jholcombe@skaarandfeagle.com
- and –
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (952) 336-2940
Email: pkrzeski@chestnutcambronne.com
- and -
Joseph M. Lyon, Esq.
Kevin M. Cox, Esq.
THE LYON FIRM
2754 Erie Avenue
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
Email: jlyon@thelyonfirm.com
kcox@thelyonfirm.com
VALET LIVING: Franklin Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Valet Living, LLC.
The case is styled as Lakeisha Franklin, on behalf of herself and
others similarly situated v. Valet Living, LLC, Case No. 23CV057101
(Cal. Super. Ct., Alameda Cty., Nov. 22, 2023).
The case type is stated as "Other Employment Complaint Case."
Valet Living, LLC provides property management services. The
Company offers building maintenance, security, waste and recycling
collection, and bill payment services for residential
communities.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
VIRIBUS INC: Fails to Pay Overtime Wages, Duckwyler and Hurd Allege
-------------------------------------------------------------------
REGINA DUCKWYLER and AYINDE HURD, individually, and on behalf of
themselves and others similarly situated, Plaintiffs v. VIRIBUS
INC., d/b/a Viribus Staffing LLC, SANDRA JADUSINGH ALLEN,
Individually, and TIANNA JADUSINGH COLE, individually, Defendants,
Case No. 3:23-cv-00466-TRM-DCP (E.D. Tenn., December 29, 2023)
brings claims under the Fair Labor Standards Act against the
Defendants for unpaid overtime and other damages owed to Plaintiffs
and other similarly situated current and former employees.
The complaint asserts that Plaintiffs Duckwyler and Hurd were
employed by Defendants as hourly-paid non-exempt employees but were
not paid overtime wages at a rate equal to at least one and
one-half time their regular rate of pay for all hours worked in
excess of 40 in any given workweek.
Viribus Inc. is staffing company that provides workers to
customers, primarily in the hospitality, food service,
construction, janitorial, warehousing, packaging, logistics and
light industrial and manufacturing industries. [BN]
The Plaintiffs are represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON SHIELDS YEISER HOLTOWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 759-1745
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
Asbestos Litigation
ASBESTOS UPDATE: Judge Allows J&J Class Action Over Talc Disclosure
-------------------------------------------------------------------
Jonathan Stempel, writing for Reuters.com, reports that a Federal
Judge said Johnson & Johnson (JNJ.N) shareholders may pursue as a
class action their lawsuit accusing the company of fraudulently
concealing how its talc products were contaminated by
cancer-causing asbestos.
U.S. District Judge Zahid Quraishi in Trenton, New Jersey, allowed
shareholders from Feb. 22, 2013, to Dec. 13, 2018, to pursue their
securities fraud claims as a group.
He rejected J&J's argument that any class period be at least a year
shorter because some events that allegedly caused its stock price
to fall contained no "new" information.
J&J's talc products have included its signature baby powder. The
company stopped selling talc-based baby powder globally this year,
switching to corn starch as the main ingredient. It has said its
talc products are safe and do not contain asbestos.
"Johnson & Johnson always strives to provide truthful and fulsome
disclosures," Erik Haas, J&J's worldwide vice president of
litigation, said in a statement. "We will continue to vigorously
litigate cases that challenge the safety of our product or the
accuracy of our public statements."
Lawyers for shareholders including the lead plaintiff San Diego
County Employees Retirement Association did not immediately respond
to requests for comment.
Class actions make it easier for shareholders to recover more
money, at lower cost, than if they sued individually. A longer
class period could increase the amount recovered.
Shareholders said J&J's stock price fell six times in late 2017 and
2018 following events that confirmed how the New Brunswick, New
Jersey-based company and various executives hid the truth about
asbestos in its talc products.
These events included a jury awarding $4.69 billion in July 2018 to
22 women who said asbestos caused them to develop ovarian cancer,
and a Reuters report five months later that said J&J knew about the
asbestos risks for decades.
J&J said the six events could not have hurt its stock price because
none contained new information that "corrected" its earlier
disclosures.
It said the only new information from the verdict was that jurors
accepted the women's arguments, and that all 56 internal documents
mentioned in the Reuters report were already public.
Quraishi was unpersuaded. Addressing the Reuters report, he said
its "careful analysis" and providing of "necessary context" made it
more than a rehash of "stale information."
The share price fell 10% the day the report was released.
J&J also faces mass tort litigation encompassing more than 50,000
lawsuits over its talc products.
Courts have rejected two efforts by the company to use the
bankruptcy process to limit its exposure to talc litigation.
The case is Hall v Johnson & Johnson et al, U.S. District Court,
District of New Jersey, No. 18-01833.
ASBESTOS UPDATE: Trane Subsidiaries May Remain in Bankruptcy
------------------------------------------------------------
Dietrich Knauth, writing for Reuters.com, reports that a U.S.
Bankruptcy Judge ruled that two Trane Technologies subsidiaries,
Aldrich Pump and Murray Boiler, may remain in bankruptcy despite
asbestos plaintiffs' arguments that the companies are not in
"financial distress."
The ruling is a sign that the Texas Two-step - a controversial
legal maneuver that allows solvent companies to dump legal
liabilities into shell companies that then file for bankruptcy - is
still alive, despite high-profile setbacks in 2023 cases involving
Johnson & Johnson and 3M.
Clay Thompson, an attorney who represents mesothelioma victims in
several Texas Two-step bankruptcies, said that he was disappointed
that Whitley did not follow the 3rd U.S. Circuit Court of Appeals
ruling in the J&J case, which found that bankruptcy protections are
not available to companies that are not in immediate "financial
distress."
"Bankruptcy is for people and companies in financial distress, not
multi-billionaires who want to pay less to their cancer victims,"
Thompson said in an email.
U.S. Bankruptcy Judge Craig Whitley in Charlotte, North Carolina,
declined to dismiss the bankruptcies, saying that his hands were
tied by precedent in the 4th Circuit, which requires a finding of
"objective futility" before bankruptcy cases are dismissed for bad
faith.
The Aldrich Pump and Murray Boiler bankruptcies were not
objectively futile, because the companies still might reach a
bankruptcy settlement that resolves 90,000 asbestos cases, Whitley
ruled. Those lawsuits accuse the companies of exposing customers to
asbestos through their historical sales of heating and air
conditioning systems.
Whitley's ruling said that the two companies were likely not in
"financial distress," given the fact that their parent companies
have reported a combined $16 billion in annual revenues since they
filed for bankruptcy. The two companies have estimated their total
asbestos liabilities at $547 million, with about half of that
amount covered by insurance, according to Whitley.
The "financial distress" requirement has compelling "common sense"
appeal, but it is not explicitly written into the U.S. Bankruptcy
Code, Whitley ruled.
"Obviously, using an artificially created subsidiary to obtain
bankruptcy relief for a prosperous non-debtor corporate
conglomerate is on the far reaches of the Congressional bankruptcy
power, if within it at all," Whitley wrote.
Whitley said that appeals courts must clarify the legality of the
"Texas Two-step" bankruptcies before any progress is made in the
Aldrich or Murray cases.
"These cases are simply spinning round and about, to the growing
frustration of all," Whitley wrote.
Aldrich Pump and Murray Boiler filed for bankruptcy in 2020, after
absorbing liabilities from their predecessor companies, Trane
Technologies and Ingersoll-Rand Company.
The case is In re: Aldrich Pump LLC et al, U.S. Bankruptcy Court
for the Western District of North Carolina, No. 20-30608.
For Aldrich and Murray: Greg Gordon, Brad Erens, Mark Cody and
Amanda Johnson of Jones Day; Rick Rayburn Jr. and Jack Miller Jr.
of Rayburn Cooper & Durham.
For the Official Committee of Asbestos Personal Injury Claimants:
Kevin Maclay, Todd Phillips and Jeffrey Liesemer of Caplin &
Drysdale; Natalie Ramsey and Davis Wright of Robinson + Cole; and
others.
For asbestos claimants represented by the Maune Raichle Hartley
French & Mudd law firm: Tom Waldrep, Jim Lanik and Ciara Rogers of
Waldrep Wall Babcock & Bailey.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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