/raid1/www/Hosts/bankrupt/CAR_Public/240404.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, April 4, 2024, Vol. 26, No. 69
Headlines
4 GUYS REALTY: Gomez Sues Over Labor Law Breaches
ABC PHONES: Alkarkhi Suit Removed to C.D. California
AETNA LIFE: Appeals Class Cert. Order in Howard Suit to 9th Cir.
ALCHEMEE LLC: Heermann et al. Sue Over Consumer Fraud
ALLIANCE SOLUTIONS: Perry Files Suit in N.D. Ohio
AMAZON.COM SERVICES: Milkes Suit Removed to N.D. Illinois
AMERICAN EXPRESS: 5-Star General et al. Sue Over Unlawful Card Rule
ANZ BANK: Settles Credit Card Class Action for $37.4MM
APPLE INC: Faces Class Action Over Alleged App Store Monopoly
ARMADA PROTECTIVE: Del Rio Files Suit in Cal. Super. Ct.
ASR GROUP: Faces Antritrust Lawsuit Over Price-Fixing Conspiracy
B. RILEY FINANCIAL: KL Kamholz Sues Over Misleading Statements
BANG ME BAKERY: Fails to Pay Proper OT Wages, Flores Says
BANNER HEALTH: Kelly Suit Removed to E.D. California
BAYER CORP: Perez-Hernandez Suit Transferred to N.D. California
BAYER HERITAGE: Millikens Seek Damages Over Data Breach
BBBB BONDING: Benton Files Suit in Cal. Super. Ct.
BEMKA CORP: Karim Files ADA Suit in S.D. New York
BIRD HOUSE GROUP: Erkan Files ADA Suit in E.D. New York
BISSELL HOMECARE: Faces Hoek Suit Over Labor Law Violations
BLST OPERATING COMPANY: Robinson Files FCRA Suit in N.D. California
BRIDGESTONE RETAIL: Consentino Sues for Deceptive Trade Practices
CAPITAL COMMUNITY: Budet Sues Over Debt Collection Practices
CARL’S JR RESTAURANTS: Faces Cohen Suit Over Privacy Violations
CARVANA MOTOR: Judge Denies Motion to Dismiss Fraud Class Suit
CASA COLLECTION: Anderson Files ADA Suit in E.D. New York
CAVIAR & CAVIAR: Liz Files ADA Suit in S.D. New York
CHANGE HEALTHCARE: Faces Luxe Dental Over Alleged Data Breach
CHANGE HEALTHCARE: Mt. Rainier Seek Damages for Data Breach
CHANGE HEALTHCARE: O’Bradovich Sues Over Data Breach
CHANGE HEALTHCARE: Shelor Sues Over Failure to Safeguard Data
CHARLOTTE'S WEB: Jurdi Suit Removed to C.D. California
CHEMOURS COMPANY: Taylor Sues Over Misleading Statements
CHENE GEAR CO: Sookul Files ADA Suit in S.D. New York
CHUG A LUG: Fails to Pay Proper OT Wages, Echeveste Suit Alleges
CITIBANK NA: Faces Class Action Suit Over Fees for Returned Checks
CITRIX SYSTEMS: Birnie Files Suit in E.D. Pennsylvania
CITRIX SYSTEMS: Wiley Seeks Damages Over Alleged Data Breach
COLUMBUS, OH: Seeks Dismissal in Data Privacy Class Action Suit
COMMUNICATION FEDERAL: Gardiner Files Suit in Okla. Dist. Ct.
CONTINENTAL AG: Doherty Alleges Antritrust Law Breaches
CONTINENTAL AG: Earls et al. Suit Alleges Antitrust Violations
COTTON ON USA: Wilkins Suit Removed to E.D. Pennsylvania
CRAFT AXE THROWING: Thompson TCPA Suit Removed to D. South Carolina
CROWN LABORATORIES: Del Toro Balks at Acne Treatment Products' Ads
CULTURAL CARE: Appeals Arbitration Bid Denial in Posada FLSA Suit
CURRANT ROLL SHOP: Erkan Files ADA Suit in E.D. New York
DAILY WIRE: Discloses Personal Info to Facebook, Wade Suit Says
DANONE WATERS: Dotson Suit Removed to C.D. California
DAYTON-PHOENIX GROUP: Peters Sues Over Machine Operators' Unpaid OT
DELAWARE COUNTY, PA: Johnson Sues Over First Amendment Violations
DIDI GLOBAL: Court Denies Dismissal Bid in Securities Class Suit
DOLLAR TREE INC: Garcia Suit Transferred to D. Maryland
DP DREAM PAIRS: Sookul Files ADA Suit in S.D. New York
DRAY STAFF INC: Miranda Sues Over Failure to Pay Minimum Wages
DRIL-QUIP INC: Steamfitters Sues Over Breach of Fiduciary Duties
DSV AIR: Fails to Pay Proper Wages, Chan Suit Alleges
DUKE UNIVERSITY: Appeals Denied Dismissal Bid in Franklin Suit
EASTERN RADIOLOGISTS: Jones et al. Seek Damages Over Data Breach
ELECTRIC FETUS: Beauchamp Files ADA Suit in S.D. New York
ERIE BASIN: Erkan Files ADA Suit in E.D. New York
ESHAVE LLC: Liz Files ADA Suit in S.D. New York
ESSENCE DE BEAUT: Erkan Files ADA Suit in E.D. New York
EVOLV TECHNOLOGIES: Raby Sues Over Exchange Act Violation
FERRARI NA: Nechev Sues Over Defective Brake System of Vehicles
FIDELITY NATIONAL: Tillis Suit Transferred to M.D. Florida
FIT FOODS: Mencia-Montes Balks at Mislabeled Whey Protein Products
FODERA GUITAR: Beauchamp Files ADA Suit in S.D. New York
FOOD LION: Jura Seeks Damages Over Deceptive Product Labeling
FOOTWEAR UNLIMITED: Sookul Files ADA Suit in S.D. New York
FREEDOM FROM PAIN: Blalock Files TCPA Suit in W.D. Oklahoma
FRESENIUS MEDICAL: Court Denies Dismissal Bid in Unpaid Wages Suit
FRESENIUS VASCULAR CARE: Banks Files Suit in E.D. Pennsylvania
FTS USA LLC: Monroe Suit Transferred to M.D. Pennsylvania
G8 EDUCATION: Settles Shareholder Class Action for $46.5-Million
GABOR SMATKO: Makuc Files Suit in D. Arizona
GALDERMA LABORATORIES: Williams Sues Over Sale of Unsafe Acne Cream
GATE CITY BANK: Churlik Appeals Case Dismissal to 8th Circuit
GEICO: Seeks to File Class Cert Opposition Under Seal
GEN DIGITAL INC: Cordon Suit Removed to C.D. California
GERSON LEHRMAN: Hansen Files Suit in S.D. New York
GERSON LEHRMAN: Whelan Sues Over Cyberattack and Data Breach
GLOBALTRANZ ENTERPRISES: Melin Seeks Overtime Pay Under FLSA
GRBAC ENTERPRISES: Faces Garcia and Raftery Wage & Hour Suit
GREAT AMERICAN: Freeman Sues Over Unpaid Wages, Illegal Tip Credit
GREENSBORO COLLEGE: Hedgecock Seeks Damages Over Data Breach
GREENSBORO COLLEGE: Stewart Sues Over Private Data Breach
GREENVINE INSURANCE: Ramsay Files TCPA Suit in N.D. Georgia
GROUND EFFECTS: Fails to Pay Proper Wages, Jordan Suit Alleges
GUNDERSEN LUTHERAN: Appeals Remand Order in Doe Suit to 7th Cir.
HB USA HOLDINGS: Thorne Sues Over Blind-Inaccessible Website
HEALTHCARE SOLUTIONS: UHG Files Bid to Quash Subpoena
HEALTHINSURANCE.COM: Santana Sues Over WARN Act Violation
HEALTHTRUST WORKFORCE: Gaskin Sues Over Discrimination, Retaliation
HELPING HANDS: Jordan Brings Claim for Labor Law Violations
HILCO REDEVELOPMENT: April 11 Deadline Set for Claims Filing
HOME DEPOT: Liu Suit Seeks Class Settlement Prelim. Approval
HOMESITE INSURANCE: Kuffel Sues Over Debt Collection Practices
HONDA MOTOR: Class Cert Bid Filing in Spencer Extended to June 28
HOWI INC: Liz Files ADA Suit in S.D. New York
ICEBERG LEARNING WEST: Walz Sues Over Unpaid Overtime Wages
IDS PROPERTY: MSPA Class Suit Remanded to Florida Court
IKEA US: Faces Class Suit Over Misrepresented Daybeds' Materials
ILLINOIS TOOL: Settlement Deal in Dufy Suit Gets Final Nod
ILLINOIS: Bid for Class Certification in Kainz Due Dec. 8
ILLUMINA INC: Icahn Brings Appeal to Del. Sup. Ct.
INCOMM FINANCIAL: Hearing on Summary Judgment Bid Set for June 10
INDIANA: Sparger-Withers Appeals Court Order in Civil Rights Suit
INSURANCE PIPELINE: Finke Files TCPA Suit in N.D. Georgia
INTEGRITY VEHICLE: Faces Kotlarsz Suit Over Unsolicited Calls
INTERCONTINENTAL HOTELS: Atkinson Suit Removed to E.D. Wisconsin
IOVATE HEALTH SCIENCES: Wong Sues Over False and Misleading Labels
IQVIA INC: Fischbein Seeks to Certify Rule 23 Class Action
IQVIA INC: Fischbein Seeks to File Memo and Exhibits Under Seal
ISAAC OUAZANA: Seeks Leave to File Sur-Reply Memorandum
ISAAC OUAZANA: Seeks to Strike Plaintiffs' Class Cert Affidavits
ISLAND HOSPITALITY: Garcia Suit Removed to C.D. California
J&C AMBULANCE: Plaintiffs Seek More Time to File Class Cert Reply
J. MENDEL INC: Erkan Files ADA Suit in E.D. New York
JAB EXPRESS: Class Cert. Bid Filing in Snide Due July 8
JAMO 31 INC: Kim Seeks Damages for Labor Law Violations
JAPPAREL INC: Erkan Files ADA Suit in E.D. New York
JENNIE'S KITCHEN: Faces Lopez et al. Suit Over Labor Law Breaches
JLM DECORATING: Court Certifies NYLL Class in Martinez Lawsuit
JUSTWORKS INC: Hackshaw Sues Over Worker Misclassification
K&C EXECUTIVE: Wall Must File Class Cert Bid by April 29
KALA BRAND MUSIC: Beauchamp Files ADA Suit in S.D. New York
KEMPER CORP: Hill & De Jesus Seek Damages Over WARN Act Violations
KITCHEN CLIQUE: Erkan Files ADA Suit in E.D. New York
KNIGHT-SWIFT TRANSPORTATION: Class Cert Bid Filing Due April 8
LABORATORY CORPORATION: Class Cert Reply Reset to April 10
LDI MECHANICAL INC: Hernandez Files Suit in Cal. Super. Ct.
LEGACY HEALTH: Hunter Can File First Amended Complaint
LEVEL 3 COMM: Court Tosses Bid to Certify Class w/o Prejudice
LIFECORE BIOMEDICAL: Johnson Fistel Investigates Securities Claim
LINCARE HOLDINGS: Morris Seeks to Extend Class Cert. Deadline
LIVE NATION: Faces Several Class Suits in Canada
LOANDEPOT.COM LLC: Bid Leave to File Oversize Class Cert Memo OK'd
LOS ANGELES TIMES: Mirmalek Suit Removed to N.D. California
LOVEVERY INC: Ramirez Sues Over Data Privacy Violations
LUMINAR TECHNOLOGIES: Smith Alleges Breach of Fiduciary Duty
LX HAUSYS AMERICA: Torres Sues Over Fraud and Discrimination
M&T BANK: Seeks Leave to Oppose Plaintiffs' Renewed Class Cert Bid
M.A.C. COSMETICS: Bid to Extend Class Cert Deadlines Tossed
MACEOO LLC: Sookul Files ADA Suit in S.D. New York
MADE IN MEXICO UPTOWN: Oropeza Sues Over Unpaid Overtime Wage
MADWIRE LLC: Kelly FLSA & FMLA Suit Removed to D. Colorado
MANGWA INVESTMENTS: Mello Files Suit in Mass. Super. Ct.
MCE AUTOMOTIVE: Mboh Suit Removed to D. South Carolina
MEDICAL MANAGEMENT: Anderson Files Suit in D. Arizona
MEDICAL MANAGEMENT: Pelt and Pelt Sue Over Unprotected Private Info
MEDQ INC: Everett Files Suit in E.D. Texas
MERITAS HEALTH: Ballard Suit Transferred to E.D. New York
MIHON CORP: Keegan Balks at Mislabeled Male Enhancement Supplements
MINNESOTA: Agrees to Settle Property Forfeiture Suit for $109-MM
MINNESOTA: Dalen Appeals Case Dismissal to 8th Cir.
MINNESOTA: Settles Property Forfeiture Class Suit for $109M
MOLSON COORS: Court Directs Parties to Confer Class Cert. Deadlines
NEW WORLD: Breedlove et al. Sue Over Apartment Mismanagement
NEW YORK DRESS: Erkan Files ADA Suit in E.D. New York
NEW YORK, NY: Plaintiffs Seek to Certify Class & Subclass
NICE GUYS: Fails to Pay Proper Wages, Cabrera Alleges
NORDICTRACK INC: Barclay Bid to Strike Pleading OK'd
NORTH STAR INSURANCE: Friel Files TCPA Suit in M.D. Pennsylvania
NORTHEAST WORK: Obermeier Conditional Cert Bid Granted in Part
OFFICE DEPOT: Yount Suit Removed to W.D. Washington
PEET'S COFFEE: Munoz et al. Sue Over Discriminatory Surcharges
PETROPLEX ACIDIZING: Appeals Court Order in Dahl Suit to 10th Cir.
PHILIP MORRIS: Kelly Sues Over Nicotine-Based Products' False Ads
PODIUM CORP: Fails to Pay Overtime Wages, Hawthorne et al. Allege
PRUCO LIFE INSURANCE: Faces California Advocates Class Suit
PUBLIC PARTNERSHIPS: Quitero FLSA Suit Removed to S.D. Florida
QUALITY INSTALLATIONS: Wilk Conditional Cert Bid Partly OK'd
REDWIRE CORP: Continues to Defend Exchange Act Class Suit
REDWIRE CORP: Court Extends Class Certification Deadlines
REDWIRE CORP: Parties Seek More Time for Class Cert Response
REPUBLIC SERVICES: Plaintiffs Seek to Certify 2 Classes
SAMUEL SON & CO: Henderson Labor Suit Removed to C.D. California
SECURITY ENFORCEMENT: Herrera Seeks Security Guards' Unpaid Wages
SEWON AMERICA: Heredia & Mondragon Sue Over Unfair Work Conditions
SIKA CORP: Jon Tate et al. Sue Over Price Fixing of CCAs
SINCLAIR INC: Discloses Personal Info Third Parties, Hyman Claims
SOLAREDGE TECHNOLOGIES: Hirani Alleges Breach of Fiduciary Duties
STATE FARM: Chadwick Wins Bid for Class Certification
SYMBRIA INC: Employee Stock Plan Class Suit Goes Trial
T&T FARMS: Porter Seeks to Certify Class of Drivers
THOMPSON MATCHBOX: Cosham Sues Over Servers' Unpaid Wages
TRANS UNION: Faces Reyes Suit Over FCRA Violations
TUBI INC: Appeals Arbitration Bid Denial in VPPA Suit to 7th Cir.
UNITED AIRLINES: Fails to Pay Proper Wages, Ogboroge Suit Claims
UNITED STATES: Fogg Sues for Racial Discrimination in Employment
UNITED STATES: Rodriguez et al. Seek Humanitarian Parole
UNITED SUGAR: WNT LLC Sues Over Inflated Granulated Sugar Prices
VERIZON COMMUNICATIONS: April 15 Deadline Set for Claims Filing
WALGREENS BOOTS: Faces Pemberton Suit Over Consumer Fraud
WALTON COUNTY, FL: Tancredi Sues Over Unlawful Property Taking
WELLS FARGO: Nowlin et al. Seek Damages Over SCRA Violations
[*] Free Webinar on AI, Crypto Class Actions Today
[*] Levine Law Sponsors 8th Annual Class Action Conference
[^] ATTICUS Sponsors 8th Annual Class Action Conference
[^] Broadridge Sponsors 8th Annual Class Action Conference
*********
4 GUYS REALTY: Gomez Sues Over Labor Law Breaches
-------------------------------------------------
JAVIER SOTO GOMEZ, individually and on behalf of others similarly
situated, Plaintiff v. 4 GUYS REALTY, INC. (D/B/A GRILL ZONE),
FARES KASSIM YAFAI, MANSOOR KASSIM SHAIBI, and AISHA NASER SALEH,
Defendants, Case No. 1:24-cv-01972 (E.D.N.Y., March 18, 2024)
accuses the Defendants of violating the Fair Labor Standards Act
and the New York Labor Law.
Plaintiff Gomez was employed as s stocker, cook, and cleaner at
Defendants' deli. He worked for Defendants in excess of 40 hours
per week, without appropriate overtime and spread of hours
compensation for the hours that he worked. Rather, Defendants
failed to maintain accurate recordkeeping of the hours worked and
failed to pay Plaintiff Soto appropriately for any hours worked,
either at the straight rate of pay or for any additional overtime
premium.
The 4 Guys Realty, Inc. owns and operates a deli, located at 54
Avenue C, New York, NY 10009, and after September 2018, relocated
to 5418 New Utrecht Avenue, Brooklyn, NY 11219, under the name
"Grill Zone." [BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
ABC PHONES: Alkarkhi Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Mustafa Alkarkhi, on behalf of himself and
all others similarly situated, v. ABC PHONES OF NORTH CAROLINA,
INC., a North Carolina Corporation, and DOES 1 through 50,
inclusive, Case No. CVRI2400933 was removed from the Superior Court
in the State of California, County of Riverside, to the United
States District Court for the Central District of California on
March 25, 2024, and assigned Case No. 5:24-cv-00625.
In his Complaint, Plaintiff alleged claims for: Failure to Pay All
Overtime Wages, Meal Period Violations, Rest Period Violations,
Failure to Pay All Sick Time, Wage Statement Violations, Waiting
Time Penalties, and Unfair Competition.[BN]
The Defendants are represented by:
Robert L. Shipley, Esq.
Brandon S. Gray, Esq.
ROBERT L. SHIPLEY, APLC
2784 Gateway Road, Suite 104
Carlsbad, CA 92009
Phone: 1.760.438.5199
Email: rshipley@shipleylaw.com
bgray@shipleylaw.com
AETNA LIFE: Appeals Class Cert. Order in Howard Suit to 9th Cir.
----------------------------------------------------------------
AETNA LIFE INSURANCE COMPANY is taking an appeal from a court order
granting the Plaintiff's motion to certify class in the lawsuit
entitled Andrew Howard, individually and on behalf of all others
similarly situated, Plaintiff, v. Aetna Life Insurance Company,
Defendant, Case No. 2:22-cv-01505, in the U.S. District Court for
the Central District of California.
As previously reported in the Class Action Reporter, the lawsuit is
brought pursuant to the Employee Retirement Income Security Act of
1974 arising from the Defendant's systemic practice of denying
services for lumbar artificial disc replacement surgery (L-ADR) on
the basis that such services are "experimental and
investigational."
On Dec. 11, 2023, the Plaintiff filed a motion to certify class,
which the Defendant opposed on Dec. 18, 2023. The Defendant also
filed unopposed application for leave to file portions of
opposition to the Plaintiff's motion to certify class action and
supporting exhibits under seal.
On Dec. 19, 2023, the Court granted the Defendant's unopposed
application for leave to file portions of opposition to the
Plaintiff's motion to certify class action and supporting exhibits
under seal.
On Jan. 29, 2024, the Plaintiff filed a renewed notice of motion
and motion to certify class, which the Court granted through an
Order entered by Judge Cormac J. Carney on Feb. 27, 2024. Plaintiff
Andrew Howard was appointed as Class Representatives and his
counsel, Gianelli & Morris, was appointed as Class Counsel.
The appellate case is captioned Howard v. Aetna Life Insurance
Company, Case No. 24-1481, in the United States Court of Appeals
for the Ninth Circuit, filed on March 13, 2024. [BN]
ALCHEMEE LLC: Heermann et al. Sue Over Consumer Fraud
-----------------------------------------------------
JAMIE HEERMANN, BIANCA JACKSON, and COLE SCROGGS, Individually,
and on behalf of all others similarly situated v. ALCHEMEE, LLC;
TARO PHARMACEUTICALS U.S.A, INC., TARO PHARMACEUTICALS INDUSTRIES,
LTD, and RB HEALTH (US) LLC, Case No. 4:24-cv-00195BCW (W.D. Mo.,
March 19, 2024) accuses the Defendants of engaging in unlawful,
unfair, and/or fraudulent business practices.
The Plaintiffs bring this class action over Defendants'
manufacturing, distribution, advertising, marketing, and sale of
Proactiv Cream1 and Clearasil Cream2 benzoyl peroxide products (BPO
Products) that contain dangerously high levels of benzene, a
carcinogen that has been linked to leukemia and other blood
cancers. Plaintiffs and Class members purchased the BPO Products
without knowing that they contained benzene as Defendants did not
include benzene on the labels or warn consumers about its presence.
The Plaintiffs allege that Defendants engaged in fraudulent,
unfair, deceptive, misleading, and/or unlawful conduct from their
misrepresentations and omissions regarding the presence of benzene
in their BPO Products.
The Plaintiffs seek relief and damages for Defendants' violation of
the Missouri Merchandising Practices Act, fraud by
omission/concealment, negligent misrepresentation, and unjust
enrichment.
Alchemee LLC is a manufacturer of skin care products headquartered
in Hawthorne, NY. [BN]
The Plaintiffs are represented by:
Thomas P. Cartmell, Esq.
Melody R. Dickson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
mdickson@wcllp.com
ALLIANCE SOLUTIONS: Perry Files Suit in N.D. Ohio
-------------------------------------------------
A class action lawsuit has been filed against Alliance Solutions
Group, LLC. The case is styled as Charles Leland Perry, III, on
behalf of himself individually and on behalf of all others
similarly situated v. Alliance Solutions Group, LLC doing business
as: TalentLaunch, Case No. 1:24-cv-00535-DAP (N.D. Ohio, March 22,
2024).
The nature of suit is stated as Other Personal Property for
Property Damage.
Alliance Solutions Group, LLC doing business as TalentLaunch --
https://mytalentlaunch.com/ -- is a nationwide network of
independently-operated staffing and recruitment firms.[BN]
The Plaintiff is represented by:
Terence Coates, Esq.
MARKOVITS STOCK & DEMARCO LLC
119 E Court Street Ste., 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: tcoates@msdlegal.com
AMAZON.COM SERVICES: Milkes Suit Removed to N.D. Illinois
---------------------------------------------------------
The case captioned as Michael Milkes, Shari C. White, individually
and on behalf of all others similarly situated v. AMAZON.COM
SERVICES LLC, a foreign corporation, Case No. 2024-CH-00923 was
removed from the Circuit Court of Cook County, Illinois, County
Department, Chancery Division, to the United States District Court
for the Northern District of Illinois on March 21, 2024, and
assigned Case No. 1:24-cv-02337.
In the Complaint, Plaintiffs seek damages, injunctive relief,
reasonable litigation expenses, attorneys' fees, and other relief
individually and on behalf of a class of similarly situated
Illinois consumers based on allegations that Amazon violated the
Illinois Consumer Fraud and Deceptive Practices Act ("ICFA") when
it added advertisements to its Prime Video streaming service, which
was previously ad-free for Amazon Prime members.[BN]
The Defendants are represented by:
Elizabeth B. Herrington, Esq.
Alborz Hassani, Esq.
MORGAN, LEWIS & BOCKIUS LLP
110 North Wacker Drive, Suite 2800
Chicago, IL 60606-1511
Phone: (312) 324-1445
Fax: (312) 324-1001
Email: beth.herrington@morganlewis.com
al.hassani@morganlewis.com
- and -
Brian D. Buckley, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Phone: 206.389.4510
Facsimile: 206.389.4511
Email: bbuckley@fenwick.com
AMERICAN EXPRESS: 5-Star General et al. Sue Over Unlawful Card Rule
-------------------------------------------------------------------
5-STAR GENERAL STORE aka BENTO LLC, MARC ALLEN, INC., FAST FORWARD
MEDIA, INC., MEZE LLC, KENNEDY'S IRISH PUB INC., CARDEN, INC.,
FRENCH FLORIST, LLC, LUXE FURNITURE, INC., LUNA'S HOSPITALITY
GROUP, LLC, and THE GENT'S PLACE MEN'S FINE GROOMING LLC, on behalf
of themselves and others similarly situated, Plaintiffs v.
AMERICAN EXPRESS COMPANY and AMERICAN EXPRESS TRAVEL RELATED
SERVICES CO. INC., Defendants, Case No. 1:24-cv-00106 (D.R.I.,
March 21, 2024) seeks injunctive and declaratory relief against
American Express (Amex) on behalf of a class consisting of 5,155
merchants as to whom Amex has waived the right to compel
arbitration.
The Plaintiffs bring this action as a class action to restrain
Amex's ongoing unlawful practices and to obtain a judicial
declaration establishing Amex's liability and enabling class
members to prosecute their claims for compensation in separate
proceedings before courts and/or arbitral bodies of competent
jurisdiction. Allegedly, Amex has implemented rules that prohibit
U.S. merchants from using discounts, surcharges, verbal prompting,
signage, and other techniques to incentivize shoppers to use
cheaper payment cards, says the suit.
Headquartered in New York, NY, American Express Company is a bank
holding company and multinational financial services company. Its
wholly owned subsidiary, American Express Travel Related Services
Company, Inc., is generally responsible for all aspects of the
payment card business conducted under the American Express brand,
including the operation of the American Express network. [BN]
The Plaintiffs are represented by:
Anthony Leone, Esq.
LEONE LAW LLC
1345 Jefferson Blvd.
Warwick, Rhode Island 02886
Telephone: (401) 921-6684
E-mail: aleone@leonelawllc.com
- and -
Deepak Gupta, Esq.
Eric F. Citron, Esq.
Thomas Scott-Railton, Esq.
GUPTA WESSLER PLLC
2001 K Street, NW North Tower, Suite 850
Washington, DC 20006
Telephone: (202) 888-1741
E-mail: deepak@guptawessler.com
thomas@guptawessler.com
- and -
Scott C. Harris, Esq.
Dan K. Bryson, Esq.
MILBERG COLEMAN PHILLIPS BRYSON GROSSMAN PLLC
900 West Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: sharris@milberg.com
- and -
Peggy J. Wedgworth, Esq.
MILBERG COLEMAN PHILLIPS BRYSON GROSSMAN PLLC
405 East 50th Street
New York, NY 10020
Telephone: (212) 594-5300
E-mail: pwedgworth@milberg.com
- and -
Tracey Kitzman, Esq.
SONG P.C.
26 Broadway, 8th Floor
New York, NY 10004
Telephone: (212) 599-0700
E-mail: tkitzman@song.law
- and -
Robert W. Cohen, Esq.
LAW OFFICES OF ROBERT W. COHEN, P.C.
1901 Avenue of the Stars, Suite 1901
Los Angeles, CA 90067
Telephone: (310) 282-7586
Facsimile: (310) 282-7589
E-mail: rwc@robertwcohenlaw.com
ANZ BANK: Settles Credit Card Class Action for $37.4MM
------------------------------------------------------
Himanshi Akhand, writing for wtvbam.com, reports that Australia's
ANZ Group said it had agreed to settle a class action suit related
to interest charged on personal credit cards for A$57.5 million
($37.44 million).
The settlement is without admission of liability and remains
subject to court approval, ANZ said in a statement.
The class action was brought against the lender by law firm Phi
Finney McDonald in 2021.
The lawsuit alleged "unfair contract terms and unconscionable
conduct" by the bank in charging interest between July 2010 and
January 2019 on credit card purchases that should have been
interest free.
($1 = 1.5356 Australian dollars) [GN]
APPLE INC: Faces Class Action Over Alleged App Store Monopoly
-------------------------------------------------------------
Malcolm Owen, writing for appleinsider.com, reports that A day
after the US Department of Justice filed its omnibus antitrust
lawsuit against Apple, consumers filed a trio of class-action
lawsuits for allegedly monopolizing the smartphone market.
On March 20, the U.S. Department of Justice unleashed its lawsuit
against Apple, following a five-year antitrust investigation into
the iPhone maker's business practices. Mere days later, lawsuits
are attempting to jump on the anti-Apple bandwagon.
At least three attempted class-action lawsuits have been filed in
California and New Jersey since the DoJ's own lawsuit, reports
Reuters. Filed in federal courts, the lawsuits accuse Apple of
violating antitrust laws, and fundamentally costing consumers
money.
It is alleged in the suits that Apple suppressed technologies for
messaging apps, wallets, and similar functions and features. If it
had made them more open, Apple could've increased competition in
the smartphone market.
As a byproduct of Apple's supposed anti-competitive activity, Apple
allegedly allowed the cost of products and services to inflate.
Apple did not respond to the report's request for comment.
Hagens Berman Sobol Shapiro, a law firm behind one of the new
suits, claimed it was "pleased that the DOJ agrees with our
approach." The firm previously sued Apple over anti-competitive
behavior over its mobile wallet, and previously reached settlements
with Apple over App Store policies and eBook pricing.
The three lawsuit, as well as the DoJ's own legal action, follow
behind other lawsuits against Apple over anticompetitiveness. In
February, one accusing Apple of using its App Store to keep prices
high was granted class-action status. [GN]
ARMADA PROTECTIVE: Del Rio Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Armada Protective
Services Inc., et al. The case is styled as Alfonso Del Rio, an
individual and on behalf of all others similarly situated v. Armada
Protective Services Inc., Does 1 Through 50, Case No. CGC24613352
(Cal. Super. Ct., San Francisco Cty., March 25, 2024).
The case type is stated "Other Non-Exempt Complaints (Minimum Wage
Violations; Overtime Wage Violations; Meal Period Violation; Rest
Period Violations; Wage Statement Penalties; Waiting Time
Penalties)."
Armada Protective Services (Armada Security) --
https://armadasecurity.com/ -- is rated as the best security
company in San Francisco.[BN]
The Plaintiff is represented by:
William C. Sung, Esq.
Justice for Workers, P.C.
600 Wilshire Blvd., Ste. 1815
Los Angeles, CA 90010-2622
Phone: 323-922-2000
Email: william@justiceforworkers.com
ASR GROUP: Faces Antritrust Lawsuit Over Price-Fixing Conspiracy
----------------------------------------------------------------
QUARTERBACK CLUB and GLADYS' RESTAURANT, LLC d/b/a GLADYS', a
Mississippi corporation, individually and on behalf of all others
similarly situated, Plaintiff v. ASR GROUP INTERNATIONAL, INC.,
AMERICAN SUGAR REFINING, INC., DOMINO FOODS, INC., UNITED SUGAR
PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION,
MICHIGAN SUGAR COMPANY, CARGILL, INC., COMMODITY INFORMATION, INC.,
and RICHARD WISTISEN, Defendants, Case No. 0:24-cv-01017 (D. Minn.,
March 21, 2024) arises under the Sherman Antitrust Act and the
Clayton Act. Plaintiffs seek treble damages, injunctive relief, and
other relief pursuant to the federal antitrust laws.
Allegedly, the Defendants and their co-conspirators conspired to
artificially inflate the price of granulated sugar in the United
States. To implement their price-fixing conspiracy, Defendants
exchanged detailed, competitively sensitive, non-public information
about granulated sugar prices, capacity, sales volume, supply, and
demand. As a result of Defendants' unlawful agreement, commercial
indirect purchasers of granulated sugar in the United States and
its territories, including Plaintiff and the Class members, paid
supra-competitive prices for granulated sugar sold by Defendants in
the United States and its territories beginning no later than
January 1, 2019, and running through the present, says the suit.
Based in West Palm Beach, FL, ASR Group International, Inc. is a
privately held Florida corporation and global producer and seller
of Granulated Sugar. In North America, the company owns and
operates six sugar refineries, located in New York, California,
Maryland, Louisiana, Canada and Mexico. [BN]
The Plaintiffs are represented by:
Jon A. Tostrud, Esq.
Anthony M. Carter, Esq.
TOSTRUD LAW GROUP, P.C.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 278-2600
Facsimile: (310) 278-2640
E-mail: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
- and -
Don Barrett, Esq.
Sarah Sterling Aldridge, Esq.
Katherine Barrett Riley, Esq.
BARRETT LAW GROUP, P.A.
P.O. Box 927
404 Court Square North
Lexington, MS 39095-0927
Telephone: (662) 834-9168
Facsimile: (662) 834-2628
E-mail: donbarrettpa@gmail.com
saldridge@barrettlawgroup.com
kbriley@barrettlawgroup.com
- and -
J. Barton Goplerud, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C.
5015 Grand Ridge Drive Suite 100
West Des Moines, IA 50265
Telephone: (515) 223-4567
E-mail: goplerud@sagwlaw.com
marty@sagwlaw.com
B. RILEY FINANCIAL: KL Kamholz Sues Over Misleading Statements
--------------------------------------------------------------
THE KL KAMHOLZ JOINT REVOCABLE TRUST, individually and on behalf of
all others similarly situated, Plaintiff v. B. RILEY FINANCIAL,
INC., BRYANT RILEY, TOM KELLEHER, and PHILLIP J. AHN, Defendants,
Case No. 2:24-cv-02121 (C.D. Cal., March 15, 2024) arises from the
Defendants' materially false and/or misleading statements about the
B. Riley's business, operations, and prospects in violation of the
Securities Exchange Act of 1934.
This is a federal securities class action on behalf of persons and
entities that purchased or otherwise acquired B. Riley securities
between February 28, 2022 and November 9, 2023, inclusive Among
other things, the Plaintiff alleges that Defendants failed to
disclose to investors that one the company's client, Brian Kahn,
the Chief Executive Officer of Franchise Group, Inc. f/k/a Liberty
Tax, was engaged in illicit business activities and that Kahn had
been credibly implicated in a conspiracy to defraud investors of
millions of dollars.
Headquartered in Los Angeles, CA, B. Riley is a financial services
platform. The company, through its subsidiaries, provides services
including investment banking, brokerage, wealth management, asset
management, direct lending, business advisory, valuation, and asset
disposition. The company's common stock and 6% Senior Notes trade
in an efficient market on the NASDAQ exchange under the ticker
symbols "RILY" and "RILYT", respectively. [BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Joshua E. Fruchter, Esq.
WOHL & FRUCHTER LLP
25 Robert Pitt Drive, Suite 209G
Monsey, NY 10952
Telephone: (845) 290-6818
Facsimile: (718) 504-3773
E-mail: jfruchter@wohlfruchter.com
BANG ME BAKERY: Fails to Pay Proper OT Wages, Flores Says
---------------------------------------------------------
DARNY FLORES, and all other similarly situated employees of
Defendants, Plaintiffs v. BANG ME BAKERY LLC d/b/a BANG COOKIES,
and GEORGE KUAN, individually, Defendants, Case No. 2:24-cv-03791
(D.N.J., March 18, 2024) seeks recovery against the Defendants for
their violations of the Fair Labor Standards Act, the New Jersey
State Wage and Hour Law, and the New Jersey Wage Payment Law.
Plaintiff Flores was employed by the Defendants beginning in
approximately 2015 and continuing through February 2024 as a baker
in furtherance of the Defendants' cookie business. The Plaintiff
generally worked approximately 66 hours per workweek. Regardless of
the number of hours that Plaintiff worked each week in excess of
40, the Defendants improperly paid Plaintiff and did not pay her at
the overtime rate of pay.
The Plaintiff seeks to recover overtime compensation that Plaintiff
and similarly situated employees were deprived of, overtime wages,
liquidated damages, attorneys' fees, and costs.
Bang Me Bakery is a New Jersey limited liability company that
produces organic and natural cookies. [BN]
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
300 Carnegie Center, Suite 150
Princeton, NJ 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
jjaffe@jaffeglenn.com
BANNER HEALTH: Kelly Suit Removed to E.D. California
----------------------------------------------------
The case captioned as Vincent Kelly, on behalf of himself and all
others similarly situated, and the general public v. BANNER HEALTH,
an Arizona corporation; BH CORPORATE OFFICE, a business entity of
unknown form; and DOES 1 through 50, inclusive, Case No.
2024-CV-0076552 was removed from the Superior Court of California
for the County of Lassen, to the United States District Court for
the Eastern District of California on March 22, 2024, and assigned
Case No. 2:24-at-00358.
The Complaint asserts the following causes of action: Failure to
Provide Meal Periods; Failure to Provide Rest Periods; Failure to
Pay Hourly Wages and Overtime; Failure to Pay Proper Sick Pay;
Failure to Provide Accurate Written Wage Statements; Failure to
Timely Pay All Final Wages; Failure to Indemnify; Unfair
Competition.[BN]
The Defendants are represented by:
Timothy J. Long, Esq.
GREENBERG TRAURIG, LLP
400 Capitol Mall, Ste. 2400
Sacramento, CA 95814
Phone: 916-442-1111
Email: LongT@gtlaw.com
BAYER CORP: Perez-Hernandez Suit Transferred to N.D. California
---------------------------------------------------------------
The case styled as Jonas Perez-Hernandez, Isabel Paz-Hernandez,
Moises Perez-Paz, Allison Perez-Paz, and Abigail Perez-Paz,
individually and on behalf of all others similarly situated v.
BAYER AKTIENGESELLSCHAFT, a German joint-stock company; BAYER
CORPORATION, an Indiana corporation; and MONSANTO COMPANY, a
Delaware corporation, Case No. 2:24-cv-01425 was transferred from
the U.S. District Court for the Central District of California, to
the U.S. District Court for the Northern District of California on
March 21, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01736-VC to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability.
The Bayer AG -- https://www.bayer.com/en/ -- is a German
multinational pharmaceutical and biotechnology company and is one
of the largest pharmaceutical companies and biomedical companies in
the world.[BN]
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Christopher K. L. Young, Esq.
Itak K. Moradi, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Phone: (415) 500-6800
Facsimile: (415) 395-9940
Email: jsaveri@saverilawfirm.com
cyoung@saverilawfirm.com
imoradi@saverilawfirm.com
- and -
Robert L. Lieff, Esq.
P.O. Box A
Rutherford, CA 94573
Phone: (415) 250-4800
Email: rlieff@lieff.com
The Defendant is represented by:
Jeffrey Scott Wilkerson, Esq.
WINSTON & STRAWN/CHARLOTTE
300 South Tryon Street, 16th Floor
Charlotte, NC 28202
Phone: (704) 350-7700
Fax: (704) 350-7800
Email: jwilkerson@winston.com
- and -
John J. Rosenthal, Esq.
WINSTON & STRAWN LLP
1901 L St., NW
Washington, DC 20036
Phone: (202) 282-5000
Fax: (202) 282-5100
Email: jrosenthal@winston.com
- and -
Michael Woodrum, Esq.
WINSTON & STRAWN LLP
2121 North Pearl Street, Suite 900
Dallas, TX 75201
Phone: (214) 453-6530
Email: mwoodrum@winston.com
- and -
Shawn R. Obi, Esq.
WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
Los Angeles, CA 90071
Phone: (213) 615-1700
Fax: (213) 615-1750
Email: sobi@winston.com
BAYER HERITAGE: Millikens Seek Damages Over Data Breach
-------------------------------------------------------
Charles Milliken Jr and Mary Kay Milliken, on behalf of themselves
and all others similarly situated v. Bayer Heritage Federal Credit
Union, Case No. 5:24-cv-00057-JPB-JPM (N.D.W. Va., March 20,
2024)accuses the Defendants of violating the California Invasion of
Privacy Act.
This action arises from a recent cyberattack and data security
breach on Defendant's network wherein Plaintiffs' and Class
members' sensitive personal information was unlawfully accessed.
The Plaintiffs and Class members suffered ascertainable losses,
including the imminent risk of future harm caused by the compromise
of their sensitive personal information.
The Plaintiffs bring this class action over Defendant's inadequate
safeguarding of Plaintiffs' and Class Members' private information,
and for Defendant's failure to provide timely and adequate notice
to affected individuals and failure to identify precisely what
specific type of information was accessed.
Headquartered in Martinsville, WV, Bayer Heritage Federal Credit
Union operates as a financial cooperative, providing financial
solutions to clients.[BN]
The Plaintiffs are represented by:
Lee A. Floyd, Esq.
BREIT BINIAZAN, PC
2100 E. Cary Street, Suite 310
Richmond, VA 23223
Telephone: (804) 351-9040
Facsimile: (757) 670-3939
E-mail: Lee@bbtrial.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: pkrzeski@chestnutcambronne.com
BBBB BONDING: Benton Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against BBBB Bonding
Corporation, et al. The case is styled as Michael Benton, on behalf
of himself and all persons similarly situated v. BBBB Bonding
Corporation, Robert Hill-Venn, Clifford Jeffrey Stanley, Case No.
STK-CV-UOE-2024-0003820 (Cal. Super. Ct., San Joaquin Cty., March
25, 2024).
The case type is stated as "Unlimited Civil Other Employment."
BBBB Bonding Corporation doing business as Bad Boys Bail Bonds --
https://www.badboysbailbonds.com/ -- offers bail rates at 5% of the
total bond.[BN]
The Plaintiff is represented by:
Spencer Douglas Sinclair, Esq.
LAW OFFICES OF CORREN & CORREN
3425 Brookside Rd. Ste. B
Stockton, CA 95219-2388
Phone: 209-478-2621
Fax: 209-478-3038
Email: Ssinclair@correnlaw.com
BEMKA CORP: Karim Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Bemka Corp. The case
is styled as Jessica Karim, on behalf of herself and all others
similarly situated v. Bemka Corp., Case No. 1:24-cv-02165
(S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bemka Corp. -- https://bemka.com/ -- are direct importers of
selected world's best caviar and fine foods sources.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
BIRD HOUSE GROUP: Erkan Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Bird House Group,
LLC. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. The Bird House Group, LLC, Case
No. 1:24-cv-02143-CBA-LB (E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Bird House Group, LLC -- https://birdhousenyc.com/ -- is a
top-rated, luxury Brooklyn hair salon since 2011.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
BISSELL HOMECARE: Faces Hoek Suit Over Labor Law Violations
-----------------------------------------------------------
STACY HOEK, individually and on behalf of all others similarly
situated, Plaintiff v. BISSELL HOMECARE, INC., a Michigan
corporation, Defendant, Case No. 1:24-cv-00273 (W.D. Mich., March
15, 2024) seeks to recover unpaid wages, liquidated damages,
interest, attorney's fees, costs, and other relief as appropriate
under the Fair Labor Standards Act and the common law claim of
unjust enrichment.
In approximately June 2021, Defendant hired Plaintiff as an hourly
shipping and receiving coordinator. Defendant promised its hourly
employees shift premium pay and other forms of non-discretionary
remuneration. Throughout Plaintiff's employment with Defendant, she
earned a shift premium of an additional $0.75 cents per hour.
However, Defendant failed to incorporate any shift premiums and
other non-discretionary remuneration into its hourly employees'
regular hourly rate calculation. Plaintiff and those similarly
situated have regularly worked in excess of 40 hours a week and
have been paid some overtime for those hours but at a rate that
does not include Defendant's shift premiums and other
non-discretionary remuneration as required by the FLSA. In
addition, Defendant allegedly maintains an unlawful rounding policy
that results to its failure to pay Plaintiff and its other hourly
employees for all time worked, says the suit.
Based in Michigan, Bissell Homecare manufactures household vacuum
cleaners and cleaning products. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
1 Towne Sq., 17th Floor
Southfield, MI 48375
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
BLST OPERATING COMPANY: Robinson Files FCRA Suit in N.D. California
-------------------------------------------------------------------
A class action lawsuit has been filed against BLST Operating
Company, LLC. The case is styled as Felicia Lum Robinson,
individually and on behalf of those similarly situated v. BLST
Operating Company, LLC doing business as: Fingerhut, Case No.
3:24-cv-01784-PHK (N.D. Cal., March 22, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
BLST Operating Company, LLC doing business as Fingerhut --
https://www.fingerhut.com/ -- is an American catalog/online
retailer.[BN]
The Plaintiffs are represented by:
Julie A. Pollock, Esq.
BERGER MONTAGUE PC
505 Montgomery St, Suite 625
San Francisco, CA 94111
Phone: (415) 906-0684
Fax: (215) 875-4604
Email: jpollock@bm.net
BRIDGESTONE RETAIL: Consentino Sues for Deceptive Trade Practices
-----------------------------------------------------------------
ELISA CONSENTINO, individually and on behalf of all others
similarly situated v. BRIDGESTONE RETAIL OPERATIONS, LLC d/b/a
FIRESTONE COMPLETE AUTO CARE, Case No. CACE-24-003753 (Fla. Cir.,
17th Judicial, Broward Cty., March 19, 2024) accuses the Defendant
of violating Florida's Deceptive and Unfair Trade Practices Act and
the Florida Motor Vehicle Repair Act.
This action arises from Defendant's alleged deceptive practice of
automatically including "optional" services in its tire estimates.
This was the subject of a legal action initiated by Washington
State which ended in a settlement with Defendant in December 2005.
According to Washington State's complaint, Defendant failed to
inform shoppers that its road hazard warranty and tire replacement
certificate were optional, and charged customers for the cost of
the products without their explicit consent. Despite being sued by
Washington State for that illegal practice, Defendant has allegedly
continued such practice as part of its standard operating procedure
throughout the State of Florida.
On or about March 28, 2022, Plaintiff visited one of Defendant's
facilities in Plantation, Florida for tire replacement. Based on
the "Final Invoice" received by Plaintiff, Defendant included
charges for "Road Hazard Protection", which was at issue in
Washington State's complaint, and other charges that were supposed
to be optional. Defendant's employees did not disclose to Plaintiff
that such services were optional. As a standard operating
procedure, employees would only explain such if the customer
inquires at the time of purchase. The Plaintiff would not have
agreed to those services if she was informed during purchase that
such services were optional. The Plaintiff seeks damages and
injunctive relief for Defendant's alleged violations.
Headquartered in Nashville, TN, Bridgestone Retail Operations, LLC
operates the world's largest chain of company-owned auto care and
tire stores. [BN]
The Plaintiff is represented by:
Daniel DeSouza, Esq.
COPYCAT LEGAL PLLC
3111 N. University Drive, Suite 301
Coral Springs, FL 33065
Telephone: (877) 437-6228
E-mail: dan@copycatlegal.com
CAPITAL COMMUNITY: Budet Sues Over Debt Collection Practices
------------------------------------------------------------
CAROLYN BUDET, individually and on behalf of all others similarly
situated, Plaintiff v. CAPITAL COMMUNITY BANK D/B/A QUICK CREDIT
CONNECT, Defendant, Case No. CACE-24-003647 (Fla. Cir., Broward
Cty., March 17, 2024) seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
CAPITAL COMMUNITY BANK, INC. operates as a full-service bank. The
Bank provides checking and savings accounts, loans, debit and
credit cards, cash management, online banking, and other related
products and 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
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
CARL’S JR RESTAURANTS: Faces Cohen Suit Over Privacy Violations
-----------------------------------------------------------------
TRAVIS COHEN, individually and on behalf of all others similarly
situated v. CARL'S JR. RESTAURANTS, LLC, Case No. 2:24-cv-2299
(C.D. Cal., March 20, 2024) accuses the Defendant of violating the
California Invasion of Privacy Act by enabling the wiretapping of
the electronic communications of its California customers.
The Plaintiff is among customers who ordered at Defendant's
drive-thru locations in California via Presto Voice, the automated
drive-thru assistant from AI firm Presto. During the processing of
Plaintiff's order, Presto wiretapped Plaintiff's communication with
Defendant without Plaintiff's knowledge and consent.
The Defendant allegedly aided, agreed with, employed, procured, or
otherwise enabled Presto's wiretapping of Plaintiff's
communications, for the purpose of improperly increasing the
efficiency of Presto Voice, and, by extension, the profits of both
parties, in violation of CIPA, says the suit.
Headquartered in Franklin, TN, Carl's Jr. Restaurants, LLC operates
fast food restaurants throughout California and the United States.
[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Joshua R. Wilner, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
jwilner@bursor.com
CARVANA MOTOR: Judge Denies Motion to Dismiss Fraud Class Suit
--------------------------------------------------------------
Barry Sims, writing for wbaltv.com, reports that a class action
lawsuit against a national car dealer is moving forward.
A judge gave the green light for the lawsuit against Carvana to
advance. Marylanders and thousands of others nationwide claim they
had serious problems getting registration and title information for
their purchases.
The decision is not final, but Carvana had wanted the lawsuit
dismissed or to have the parties go into arbitration. Both requests
were denied, so the case will move forward.
"I want to be able to have transportation I don't have to look over
my shoulder with," customer Shawn Thorn said.
Thorn, a Baltimore resident, bought a car online through Carvana.
Attorney Phillip Robinson represents him and consumers across the
country who did business with Carvana.
"Ultimately, our case is about consumers who bought a car from who
they thought was a legitimate dealership and it turned out they
couldn't get a title and registration and they couldn't drive their
cars," Robinson said.
In 2022, 11 News Investigates spoke with Jo Riedel, of Aberdeen,
after a tow truck repossessed his Mitsubishi Outlander he got from
Carvana. Riedel stopped making payments on the vehicle after
Carvana repeatedly sent him temporary tags that kept expiring.
The class action lawsuit filed in Pennsylvania alleges violations
under the state's Unfair and Deceptive Trade Practices Act.
Thorn said he also stopped making loan payments after getting
temporary tags from other states that expired. He was pulled over
by police and received citations.
"It was more principle than anything. I paid for this. I'm paying
for this and I can't use it at all. It didn't make sense to me," he
said.
In court filings, Carvana has denied any and all liability and
contends the plaintiffs' allegations are entirely without merit. 11
News Investigates requested a response about the court's latest
ruling. An attorney for Carvana declined to comment. [GN]
CASA COLLECTION: Anderson Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Casa Collection
Design Group, Inc. The case is styled as Derrick Anderson, on
behalf of himself and all others similarly situated, v. Casa
Collection Design Group, Inc., Case No. 1:24-cv-02149 (E.D.N.Y.,
March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Casa Collection -- http://www.casacollection.com/-- is a custom
furniture company based in Red Hook, Brooklyn.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CAVIAR & CAVIAR: Liz Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Caviar & Caviar, LLC.
The case is styled as Pedro Liz, on behalf of himself and all
others similarly situated v. Caviar & Caviar, LLC, Case No.
1:24-cv-02179 (S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Caviar & Caviar is recognized as the leading source for the finest
selection of imported and domestic Caviar.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
CHANGE HEALTHCARE: Faces Luxe Dental Over Alleged Data Breach
-------------------------------------------------------------
LUXE DENTAL SPA, LLC, individually and on behalf of all others
similarly situated v. CHANGE HEALTHCARE INC., a Delaware
corporation, UNITEDHEALTH GROUP INCORPORATED, a Delaware
corporation, UNITEDHEALTHCARE, INC., a Delaware Corporation, and
OPTUM, INC., a Delaware Corporation, Case No. 2:24-cv-04044
(D.N.J., March 20, 2024) seeks damages over a data breach allegedly
caused by Defendants' failure to adequately protect their
information systems.
The Plaintiff brings this action over Defendants' failure to secure
and safeguard their information systems from a massive foreseeable
cyberattack that impacted Plaintiff's and Class members' business
operations. On or about February 21, 2024, Defendant Change
Healthcare's computer systems were targeted by cybercriminals,
disrupting Change's services. Thousands of healthcare providers
across the US, including Plaintiff, were left scrambling without
access to Change's mission-critical services, resulting in overdue
payments, interest accumulation, and other financial harm, says the
Plaintiff.
The Plaintiff alleges that Defendants failed to implement adequate
security practices and protocols to protect their systems from such
foreseeable incidents. As a direct and proximate result of
Defendants' failures, Plaintiff and Class members have suffered and
will continue to suffer serious injury. The Plaintiff seeks
appropriate monetary, equitable, injunctive, and declaratory relief
for negligence, negligent undertaking, and negligent failure to
warn.
Change Healthcare is a healthcare technology company that provides
revenue and payment cycle management services for healthcare
providers across the U.S. It is a unit of UnitedHealth's Optum
subsidiary and is headquartered in Nashville, TN. [BN]
The Plaintiff is represented by:
Jennifer R. Scullion, Esq.
Christopher L. Ayers, Esq.
Justin M. Smigelsky, Esq.
Nigel Halliday , Esq.
SEEGER WEISS LLP
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
Facsimile: (973) 639-9393
E-mail: jscullion@seegerweiss.com
cayers@seegerweiss.com
jsmigelsky@seegerweiss.com
nhalliday@seegerweiss.com
- and -
Bill Matsikoudis, Esq.
Derek Fanciullo, Esq.
MATSIKOUDIS & FANCIULLO, LLC
128 Monticello Avenue
Jersey City, NJ 07304
Telephone: (201) 915-0407
E-mail: bmatsikoudis@mf-legal.com
dfanciullo@mf-legal.com
CHANGE HEALTHCARE: Mt. Rainier Seek Damages for Data Breach
-----------------------------------------------------------
MT. RAINIER EMERGENCY PHYSICIANS, PLLC, RIVER ROCK WELLNESS, AND
JENNA WOLFSON, individually and on behalf of all similarly situated
persons v. CHANGE HEALTHCARE, Case No. 3:24-cv-00323 (M.D. Tenn.,
March 20, 2024) accuses the Defendant of failing to implement
adequate security practices and protocols, making it vulnerable to
cyberattacks.
The Plaintiff brings this action over Defendant's alleged failure
to secure its systems and data from cyberattacks. On February 21,
2024, Defendant experienced a data breach caused by a ransomware
attack carried out by prominent group Blackcat. The security
incident disrupted Defendant's services and prevented healthcare
providers, including Plaintiffs, from conducting their routine and
ordinary business, including but not limited to, receiving payment
for healthcare services rendered to the public. This has resulted
in significant business interruption, financial harm, and lost
revenues for Plaintiffs.
The Plaintiffs allege that Defendant failed to implement
appropriate processes that could have prevented or minimized the
effects of the ransomware attack. Plaintiffs seek damages and
relief for Defendant's alleged unlawful actions.
Headquartered in Nashville, TN, Change Healthcare is a prominent
provider of revenue and payment cycle management that connects
payers, providers, and patients within the U.S. healthcare system.
[BN]
The Plaintiff is represented by:
Kathryn E. Barnett, Esq.
MORGAN & MORGAN
810 Broadway Ste. 105
Nashville, TN 37203-3808
Telephone: (615) 490-0943
E-mail: kbarnett@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ronald Podolny, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: jyanchunis@ForThePeople.com
ronald.podolny@forthepeople.com
CHANGE HEALTHCARE: O’Bradovich Sues Over Data Breach
------------------------------------------------------
Michael O'Bradovich, individually and on behalf of all others
similarly situated v. CHANGE HEALTHCARE INC.; OPTUM, INC.; and
UNITEDHEALTH GROUP INC., Case No. 2:24-cv-00452 (W.D. Pa., March
25, 2024), is brought against the Defendants failure to implement
adequate data security measures which resulted to a Data Breach.
On February 21, 2024, UnitedHealth discovered threat actors had
breached part of Change’s information technology network, forcing
Defendants to take Change’s systems offline (the "Data Breach").
The threat actors responsible for the Data Breach claim to have
stolen six terabytes of information during the Data Breach,
including the personally identifying information ("PII") and
protected health information ("PHI") of millions of individuals,
including but not limited to: medical records, insurance records,
dental records, payment information, claims information, health
data, contract information, and Social Security Numbers.
The Data Breach and the disruption to patients’ access to their
needed medications was foreseeable and the direct and proximate
result of Defendants’ failure to implement adequate data security
measures to protect its systems from unauthorized access.
As healthcare business associates under federal law, Defendants
knowingly obtain, collect, and store patient PII and PHI—and have
a duty to secure, maintain, protect, and safeguard the PII and PHI
in their possession against unauthorized access and disclosure
through reasonable and adequate data security measures. Defendants
are also well-aware that the PII and PHI is highly valuable to
cybercriminals, making it highly foreseeable that Defendants would
be the target of a cyberattack.
Despite these duties and the foreseeability of a data breach,
however, Defendants failed to implement adequate data security
measures, leading to a data breach of "unprecedented magnitude" and
the disruption of patients’ access to their medications. In order
to recover to Defendants’ wrongful conduct, Plaintiff on behalf
of himself and a similarly situated class of individuals, brings
claims for negligence, negligence per se, and declaratory judgment,
seeking actual and putative damages, with attorneys’ fees, costs,
and expenses, and appropriate injunctive and declaratory relief,
says the complaint.
The Plaintiff discovered the Data Breach and has since learned that
his PII and/or PHI in Change’s possession has likely been
compromised in the Data Breach.
Change, a subsidiary of UnitedHealth’s Optum division, offers
healthcare technology services including, inter alia, revenue cycle
management, healthcare analytics, and payment processing for
patients, healthcare providers, and pharmacies.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: gary@lcllp.com
CHANGE HEALTHCARE: Shelor Sues Over Failure to Safeguard Data
-------------------------------------------------------------
Mary Shelor, individually and on behalf of all others similarly
situated v. CHANGE HEALTHCARE INC., Case No. 3:24-cv-00340 (M.D.
Tenn., March 25, 2024), is brought as a result of Defendant’s
failure to properly secure and safeguard highly sensitive personal
information which was accessed and/or exfiltrated by unauthorized
third parties during a data breach that exploited a vulnerability
in its software technology on February 21, 2024 (the "Data
Breach").
The information compromised in the Data Breach includes both
personally identifiable information ("PII") and protected health
information ("PHI"), such as, patient medical and patient payment
information. As a sophisticated and leading provider of health
information technology services Defendant is or should have been
aware, this type of personal and sensitive data is highly targeted
and sought after by hackers who seek to exploit that data for
nefarious purposes. In the wrong hands, these types of sensitive
data allow criminals to cause significant harm to individuals
including Plaintiff and the Class Members.
The Data Breach was a direct and proximate result of Defendant’s
failure to implement and follow reasonable security procedures and
practices and failed to disclose material facts surrounding its
deficient security protocols, procedures and practices. As a result
of Defendant’s negligence, patients and healthcare providers will
be impacted and feel the effects that the shutdown and network
outage for weeks. And Plaintiff’s and Class Members’ whose PII
and PHI was stolen and is now in the hands of criminals will feel
the impact for the rest of their respective lives.
As a result of Defendant’s failure to protect the confidential
and sensitive information it was entrusted to safeguard , Plaintiff
and Class members did not receive the benefit of their bargain with
Defendant and now face a significant risk of medical related theft
and fraud, financial fraud, and other identity-related fraud now
and into the indefinite future. The Plaintiff brings this Complaint
on behalf of herself and all persons whose PII and/or PHI was
stolen during the Data Breach. Plaintiff asserts claims for
negligence, negligence per se, and declaratory judgment, says the
complaint.
The Plaintiff is a citizen and resident of the Commonwealth of
Pennsylvania who fills her prescription at a local CVS pharmacy
that uses Change Healthcare's platform and systems.
Change Healthcare Inc. is a health technology company that provides
pharmacies and health care providers in the United States with
tools that allow them to electronically process claims and other
essential payment and revenue management practices.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, Esq.
Michael Iadevaia, Esq.
Emily Schiller, 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
miadevaia@stranchlaw.com
eschiller@stranchlaw.com
- and -
Jeffrey K. Brown, Esq.
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514-1851
Phone: (516) 873-9550
Email: jbrown@leedsbrownlaw.com
bcohen@leedsbrownlaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut St., Ste 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Email: cschaffer@lfsblaw.com
- and -
Jeffrey S. Goldenberg, Esq.
Todd B. Naylor, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Dr., Ste. 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Email: jgoldenberg@gs-legal.com
tnaylor@gs-legal.com
CHARLOTTE'S WEB: Jurdi Suit Removed to C.D. California
------------------------------------------------------
The case styled as Lillian Jurdi, individually and on behalf of all
others similarly situated v. Charlotte's Web, Inc., Does 1 through
25, inclusive, Case No. 24STCV04402 was removed from the Los
Angeles County Superior Court, to the U.S. District Court for the
Central District of California on March 25, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02446 to the
proceeding.
The nature of suit is stated as Other P.I.
Charlotte's Web -- https://www.charlottesweb.com/ -- specializes in
the development and distribution of hemp-derived cannabidiol
wellness products.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Abigail Augus Barrera, Esq.
GIBSON, DUNN AND CRUTCHER LLP
One Embarcader Center, Suite 2600
San Francisco, CA 94111
Phone: (415) 393-8262
Fax: (415) 393-8306
Email: abarrera@gibsondunn.com
- and -
John D. W. Partridge
GIBSON DUNN AND CRUTCHER LLP
1801 California Street Suite 4200
Denver, CO 80202
Phone: (303) 298-5931
Fax: (303) 298-5907
Email: JPartridge@gibsondunn.com
CHEMOURS COMPANY: Taylor Sues Over Misleading Statements
--------------------------------------------------------
ROBERT H. TAYLOR JR., individually and on behalf of all others
similarly situated, Plaintiff v. THE CHEMOURS COMPANY, MARK NEWMAN,
JONATHAN LOCK, CAMELA WISEL, and SAMEER RALHAN, Defendants, Case
No. 1:24-cv-00361-UNA (D. Del., March 21, 2024) accuses the
Defendants of violating the Securities Exchange Act of 1934 and
Securities and Exchange Commission's Rule 10b-5.
Plaintiff Taylor brings this federal securities class action on
behalf of a class of all persons and entities who purchased or
otherwise acquired Chemours common stock between February 10, 2023,
and February 28, 2024, inclusive. Throughout the said period, the
Defendants made materially false and/or misleading statements, as
well as failed to disclose material adverse facts, about the
Chemours' business and operations. Among other things, Defendants
misrepresented and/or failed to disclose that certain of the
Chemours' senior executive officers manipulated Free Cash Flow
targets as a means to maximize additional cash and stock incentive
compensation applicable to executive officers pursuant to the
Chemours' Annual Incentive Plans and Long-Term Incentive Plans,
says the Plaintiff.
Headquartered in Wilmington, Delaware, Chemours is an industrial
and specialty chemical company for a number of markets including,
among others, the "coatings, plastics, refrigeration and air
conditioning, transportation, semiconductor and consumer
electronics, general industrial, and oil and gas" markets.
Chemours' common stock trades in the United States on the New York
Stock Exchange under the ticker symbol "CC." [BN]
The Plaintiff is represented by:
Gregory V. Varallo, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
500 Delaware Avenue, Suite 901
Wilmington, DE 19801
Telephone: (302) 364-3600
E-mail: greg.varallo@blbglaw.com
CHENE GEAR CO: Sookul Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Chene Gear Co., LLC.
The case is styled as Sanjay Sookul, on behalf of himself and all
others similarly situated v. Chene Gear Co., LLC, Case No.
1:24-cv-02186 (S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chene Gear -- https://chenegear.com/ -- exists to manufacture
quality waterfowl gear and to deliver the best customer service
experience possible.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CHUG A LUG: Fails to Pay Proper OT Wages, Echeveste Suit Alleges
----------------------------------------------------------------
MICHELLE SANCHEZ ECHEVESTE, an individual, on behalf of herself and
all other plaintiffs similarly situated, known and unknown,
Plaintiff v. CHUG A LUG, INC., an Illinois corporation d/b/a CHUG A
LUG PUB & GRILL, and SILKEN N. PATEL, an individual, Defendants,
Case No. 1:24-cv-02201 (N.D. Ill., March 18, 2024) arises under the
Fair Labor Standards Act and the Illinois Minimum Wage Law for
Defendants' failure to pay Plaintiff, and other similarly situated
employees, overtime compensation for hours worked over 40 in a
workweek, and for Defendants' retaliation in terminating Plaintiff
because her father filed his own FLSA lawsuit for unpaid wages.
Plaintiff Echeveste worked as a busser at Defendants' Chug A Lug
Pub & Grill restaurant from October, 2022 through December 4, 2023.
Allegedly, Defendants did not compensate Plaintiff at one and
one-half times their regular hourly rate of pay for hours worked in
excess of 40 in individual work weeks. Instead, Defendants paid
Plaintiff's overtime compensable hours at her straight-time hourly
rate of pay.
Chug A Lug, Inc. is an Illinois corporation that operates the Chug
A Lug Pub & Grill restaurant located on South Halsted Street in
Glenwood, IL. [BN]
The Plaintiff is represented by:
Timothy M. Nolan, Esq.
NOLAN LAW OFFICE
53 W. Jackson Blvd., Ste. 1137
Chicago, IL 60604
Telephone: (312) 322-1100
E-mail: tnolan@nolanwagelaw.com
CITIBANK NA: Faces Class Action Suit Over Fees for Returned Checks
------------------------------------------------------------------
"Trouble comes in threes" is an old saying that may occur to some
bankers regarding the latest wave of class action lawsuits against
banks.
Three large Wall Street banks -- Citibank, JP Morgan Chase and
Wells Fargo Bank -- have all been sued recently over charging the
same type of fees to customers for depositing checks that are later
returned.
The type of fee in question is a charge against a bank customer for
depositing a check written by a third party that is later returned
unpaid because, for example, the check has bounced, or the
third-party check originator has stopped payment on the check or
has closed the checking account prior to the check being
presented.
As bankers have learned over the years, consumer class action
lawsuit trends in the banking industry tend to begin with suits
against the largest banks, like the three banks mentioned above,
but then those same lawsuits are gradually filed against
super-regional banks, then regional banks and eventually some
unlucky community banks.
Lawsuit Theory. The theory behind these third-party returned check
lawsuits is that the depositing bank customer has no way of knowing
whether the third-party check will be returned and, therefore, no
way of avoiding the fee.
Of course, the customer’s bank that accepts the check for deposit
also has no way of knowing whether the check will be returned by
the check originator’s bank, and the depositing customer would
usually have more knowledge than the depository bank about the
writer of the check and the validity of the payment it represents.
In addition, there are also scenarios in which the customer
depositing the check is actually in collusion with the originator
of the check or may otherwise have knowledge that the check may be
returned.
Legal Claims in Suits. Among the allegations in the lawsuits are
claims for breach of contract (based on alleged failure to properly
disclose and authorize the fees in the applicable deposit account
agreement), breach of the implied covenant of good faith and fair
dealing and unjust enrichment, as well as claims under state
consumer protection laws. The Chase lawsuit has fewer types of
claims than the other two.
CFPB Cited by Plaintiffs. Each of the lawsuits cites the Consumer
Financial Protection Bureau's (CFPB) guidance issued in CFPB
Bulletin 2022-06, which indicates that "blanket policies" by banks
that impose fees on customers depositing checks that are later
returned are likely unfair under federal law if the fees are
imposed "irrespective of the circumstances of the transaction or
patterns of behavior on the account." The CFPB also states in the
Bulletin that disclosures made by a bank about the fees may not be
able to remedy the perceived violation.
Outlook. One of the law firms representing plaintiffs in each of
the three class actions against the Wall Street banks has already
stated publicly that it is looking into similar class action
lawsuits against more than two dozen other financial institutions.
Of course, Citi, Chase, Wells and future bank defendants may
prevail in these suits and may even get them tossed early. However,
assuming the initial lawsuits against the three big banks are
harbingers of a spate of similar suits against banks across the
country, other banks may want to review their fee structures,
deposit account agreements, fee disclosures and policies to see if
preemptive action would be appropriate or could potentially
mitigate risk. [GN]
CITRIX SYSTEMS: Birnie Files Suit in E.D. Pennsylvania
------------------------------------------------------
A class action lawsuit has been filed against Citrix Systems, Inc.
The case is styled as Michelle Birnie, Lauren Wilkinson, on behalf
of themselves and all others similarly situated v. Citrix Systems,
Inc., Case No. 5:24-cv-01201 (E.D. Pa., March 20, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Citrix Systems, Inc. -- http://www.citrix.com/-- is an American
multinational cloud computing and virtualization technology company
that provides server, application and desktop virtualization,
networking, software as a service, and cloud computing
technologies.[BN]
The Plaintiffs are represented by:
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Ste. 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
CITRIX SYSTEMS: Wiley Seeks Damages Over Alleged Data Breach
------------------------------------------------------------
LAURA WILEY, on behalf of herself and all others similarly situated
v. CITRIX SYSTEMS, INC. and COMCAST CABLE COMMUNICATIONS, LLC, Case
No. 2:24-cv-01198 (E.D. Pa., March 20, 2024) accuses the Defendants
of negligence, negligence per se, breach of implied contract,
breach of third-party beneficiary contract, and unjust enrichment
arising from a data breach.
The Plaintiff's personally identifiable information (PII) was
compromised in a ransomware attack that affected Comcast's systems
between October 16 and October 19, 2023. The perpetrators carried
out the cyberattack by exploiting a vulnerability in one of
Citrix's software products used by Comcast. The PII of
approximately 36 million customers, including that of Plaintiff,
was illegally accessed in the data breach and Defendants only began
sending victims a notice of the data security incident on or about
January 2, 2024 (and perhaps as early as December 18, 2023).
The Plaintiff alleges that the data breach came as a result of
Defendants' failure to adequately protect their customers' PII.
Further, Defendants failed to give affected customers timely,
adequate notice of the data breach's occurrence.
Citrix Systems, Inc. is a cloud computing company based in Fort
Lauderdale, FL. [BN]
The Plaintiff is represented by:
Mark B. DeSanto, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3046
Facsimile: (310) 566-9886
E-mail: mdesanto@bm.net
- and -
E. Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
E-mail: emdrake@bm.net
COLUMBUS, OH: Seeks Dismissal in Data Privacy Class Action Suit
---------------------------------------------------------------
Andy East of The Republic reports that a Marion County judge has
scheduled a status conference in a proposed class-action lawsuit
filed against Columbus Regional Health over alleged data privacy
violations, while the hospital system challenges the lawsuit in
state court and a federal appeals court considers whether the case
should be litigated in federal court.
Last week, Marion County Superior Court Judge Christina R. Klineman
scheduled a status conference on April 5 in Marion Superior Court 1
in Indianapolis following a request by attorneys for the plaintiffs
"to address the orderly progression of this matter," according to
court filings.
The lawsuit, filed on the Indiana Commercial Court docket in Marion
Superior Court 1 in Indianapolis, claims that CRH embedded tracking
technology on its website that collects and shares information
about its patients with Meta, Google, Microsoft, Adobe Inc.,
DoubleClick, Marchex and "potentially others," according to an
amended complaint filed in January.
This allegedly includes the content that users searched for on
CRH's website, the buttons they clicked on, the forms they
submitted, the events they registered for, when they accessed the
patient portal and paid bills, the terms they searched for and the
doctors they sought, the lawsuit states.
The complaint further alleges that CRH's use of the technology
violates HIPAA, the federal patient privacy law, as well as Federal
Trade Commission standards and the Indiana Deceptive Consumer Sales
Act.
Columbus residents and CRH patients Brian and Annie Elkins are
listed as plaintiffs in the lawsuit. Annie Elkins was identified in
the original complaint as a former CRH employee. The lawsuit
proposes a class made up of any Indiana resident whose private
information was disclosed by CRH through the tracking technology
without authorization.
"When plaintiffs and class members used defendant's website and
online platforms, they thought they were communicating exclusively
with their trusted healthcare provider," the amended complaint
states. “Unbeknownst to them, defendant embedded pixels from
Facebook, Google, Microsoft, Adobe, DoubleClick and Marchex on its
website and online platforms, surreptitiously forcing plaintiff and
class members to transmit intimate details about their medical
treatment to third parties without their consent.”
Since being filed in May, the lawsuit has bounced between the state
and federal court systems. CRH has sought to move the lawsuit to
federal court, arguing, among other things, that the complaint
involves alleged violations of federal privacy standards, court
records show.
Attorneys representing CRH said in a court filing they planned to
argue in federal court that the hospital system did not violate
federal privacy standards, and the "specific information that is
purportedly 'disclosed' are outside of the purview of protected
health information."
However, a federal judge sent the lawsuit back to Marion Superior
Court on Oct. 10, finding, among other things, that using alleged
violations of federal standards as evidence for civil liability
under state law does not, by default, confer jurisdiction to a
federal court.
In November, CRH appealed the order to remand the case to state
court. The hospital system also filed a motion to, among other
things, pause the order sending the case to state court until the
federal appeals court weighs in.
In February, a federal judge denied CRH's motion, determining,
among other things, that the hospital system "is unlikely to face
prejudice in state court" and that "delay here only benefits" CRH.
The appeal was still pending before the U.S. Court of Appeals for
the Seventh Circuit as of March 26, 2024 morning.
"There is no harm to either party for the litigation to carry on in
state court while the remand order is reviewed on appeal. The same
things would be happening in either place; it does not matter
where," U.S. District Judge James R. Sweeney II states in an order
dated Feb. 21.
Earlier this month, CRH filed a separate motion in state court
seeking to dismiss the lawsuit on procedural grounds, arguing that
the plaintiffs did not comply with state laws on bringing tort
claims against a local governmental entity.
More specifically, CRH argues that the plaintiffs did not file a
notice of a tort claim or give the hospital system 90 days as
required by law to investigate the claim before they filed the
lawsuit. A tort is an act or omission that results in injury or
damage that may entitle an affected party to seek damages, often in
the form of monetary compensation, according to the Cornell Law
School's Legal Information Institute.
The plaintiffs "did not wait 90 days to initiate a suit -- they
sued immediately, then amended their complaint 90 days later to
formally list their tort theories," the motion states. No decision
had been made on the motion as of March 26, 2024 morning.
CRH officials have declined to comment on the lawsuit, citing the
pending litigation.
"In order to protect the integrity of a pending case, Columbus
Regional Health refrains from comment on active litigation
matters," CRH spokeswoman Kelsey DeClue said previously in a
statement to The Republic. "However, our organization intends to
vigorously defend against these claims."
The allegations against CRH come as a growing number of hospitals
and health systems across the country face lawsuits that allege
they disclosed private patient data to tech giants through tracking
technology on their website and other online platforms.
The lawsuits largely involve the use of tracking technology called
tracking pixels, which are pieces of computer code embedded into a
website that can track and record a range of personal data on how a
user interacts with the website, including information that users
have typed in a form while on the website, according to the Federal
Trade Commission's Office of Technology.
Pixels can be hidden from view, and blocking third-party cookies
may not prevent pixels from collecting and sharing information.
Businesses commonly use them to track consumer behavior and target
them with advertisements based on their online activity.
Many of the lawsuits, including the one filed against CRH, mention
the use of the Meta Pixel, a tracking pixel developed by Facebook
parent company Meta.
Meta has described the Meta Pixel as "a snippet of JavaScript code
that loads a small library of functions" that can track Facebook
ad-driven visitor activity on a website and "match website visitors
to their respective Facebook user accounts."
Court filings have alleged that the Meta Pixel can track
information about a visitor's device, including IP address and the
pages viewed. It also can be configured to track search terms,
button clicks and form submissions.
However, it is unclear how CRH had configured those tools or if it
even used them at all. The original complaint and amended complaint
do not specify how the plaintiffs concluded that CRH uses the
tracking pixels, though the amended complaint provides alleged
examples of the tools being used.
"Defendant revealed to Facebook the content that patients viewed
and the buttons they clicked. For example, when a user clicked on
'Cancer Center' under the 'Service Centers' tab on the website,
defendant reported to Facebook the title, page description and URL
viewed by the user, thereby reporting that the individual was
seeking cancer care," the amended complaint states. "…Likewise,
when a user loaded defendant's 'Diabetes Care' page, CRH reported
to Facebook that user was viewing a page about diabetes. If the
user then submitted a 'DIABETES REFERRAL FORM,' CRH also shared
that event with Facebook. And if the user clicked a button labelled
'READ MORE ABOUT OUR WOUND CARE CENTER,' this also was reported to
Facebook."
The issue of tracking technologies in health care settings came to
light in June 2022 after a report by tech publication The Markup
found that the Meta Pixel was installed on 33 of Newsweek's top 100
hospitals in the country, including Johns Hopkins Hospital, UCLA
Reagan Medical Center and Duke University Hospital.
The publication said former regulators, health data security
experts and privacy advocates reviewed the report's findings and
found the hospitals' use of the tracking tool may have violated
HIPAA.
In December 2022, the U.S. Department of Health and Human Services
warned that website trackers could violate HIPAA and that
"regulated entities are not permitted to use tracking technologies
in a manner that would result in impermissible disclosures."
"Such disclosures can reveal incredibly sensitive information about
an individual, including diagnoses, frequency of visits to a
therapist or other health care professionals and where an
individual seeks medical treatment," HHS said in December.
In June 2022, anonymous plaintiffs filed a proposed class-action
lawsuit against Meta in federal court, alleging that the tech giant
violated the medical privacy of patients through its Meta Pixel
tool. That lawsuit is currently pending in federal court.
When the lawsuit was filed, attorneys for the plaintiffs alleged
that they had identified through experts at least 664 hospital
systems or medical provider web properties in the United States
where Facebook had received patient data via the Metal Pixel.
Since then, lawsuits have been filed against Cedars-Sinai Health
System in Los Angeles, Rush University System for Health in
Chicago, U of L Health in Louisville, LCMC Health in New Orleans,
among several others across the country.
By April 2023, at least 18 hospitals and health systems were facing
similar lawsuits, according to Becker's Health IT. [GN]
COMMUNICATION FEDERAL: Gardiner Files Suit in Okla. Dist. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Communication Federal
Credit Union. The case is styled as Altin Gardiner, on behalf of
himself and all others similarly situated v. Communication Federal
Credit Union, Case No. CJ-2024-1967 (Okla. Dist. Ct., Oklahoma
Cty., March 25, 2024).
The case type is stated as "Civil relief more than $10,000: CLASS
ACTION."
Communication Federal Credit Union -- https://www.comfedcu.org/ --
is committed to providing the best overall value of financial
products and services available to our members.[BN]
The Plaintiff is represented by:
Jacob Rowe, Esq.
Andrea R. Rust, Esq.
Matthew J. Sill, Esq.
SILL LAW GROUP
1101 N BROADWAY, #102 OKC, OK 73103
CONTINENTAL AG: Doherty Alleges Antritrust Law Breaches
-------------------------------------------------------
DONALD DOHERTY, individually and on behalf of all others similarly
situated, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL
TIRE THE AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS;
MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC;
NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER
COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE
CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100,
Defendants, Case No. 6:24-cv-01304-JDA (D.S.C., March 18, 2024)
seeks for equitable relief under the Sherman Antitrust Act against
certain tire manufacturers who were allegedly conspiring to fix the
prices of replacement tires.
Plaintiff Doherty alleges that the Defendants have entered into and
engaged in a continuing combination, conspiracy or agreement to
unreasonably restrain trade or commerce in violation of Section 1
of the Sherman Act, by artificially restraining competition with
respect to the price of new replacement tires for passenger cars,
vans, trucks and buses sold within the United States, with the
purpose and effect of raising prices.
Headquartered in Hannover, Germany, Continental AG manufactures and
distributes a complete line of passenger, light truck, and
commercial tires for both the original equipment and replacement
markets. [BN]
The Plaintiff is represented by:
James L. Ward, Jr., Esq.
MCGOWAN, HOOD, FELDER & PHILLIPS, LLC
10 Shem Drive, Suite 300
Mount Pleasant, SC 29464
Telephone: (843) 388-7202
Facsimile: (843) 388-3194
E-mail: jward@mcgowanhood.com
- and -
Jennifer Spragins Burnett, Esq.
HARBIN & BURNETT, LLP
2124 Highway 81 North (29261)
Post Office Box 35
Anderson, SC 29622-0035
Telephone: (864) 964-0333
Facsimile: (864) 964-0930
E-mail: jennifer@harbinlaw.com
CONTINENTAL AG: Earls et al. Suit Alleges Antitrust Violations
--------------------------------------------------------------
CHRIS EARLS, RYAN FRITZINGER, TODD SEROTTE, WILLIAM SANTOYO and
JOSHUA DUTTON, individually and on behalf of all others similarly
situated v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE
AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS; MICHELIN
NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN
TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY;
PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION;
BRIDGESTONE AMERICAS, INC.; AND DOES 1-100, Case No.
0:24-cv-1332-JDA (D.S.C., March 19, 2024) accuses Defendants of
price-fixing, in violation of antitrust laws.
The Plaintiffs bring this action over Defendants' alleged unlawful
agreements to fix the prices of replacement tires. Plaintiffs claim
that Defendants conspired to increase the price of tires between
2021 and 2023, at a rate 70% higher than the core inflation. The
prices have remained high even while inflation eased and the
effects of the COVID-19 pandemic dissipated. On January 30, 2024,
the European Commission, in collaboration with national competition
authorities from European Union Member States, conducted
unannounced inspections of the premises of several tire companies,
including Defendants. Investigations found that price coordination
may have occurred between Defendants, in violation of EU antitrust
rules, say the Plaintiffs.
The Plaintiffs seek equitable relief under the Sherman Antitrust
Act as well as damages and/or restitution under state antitrust
laws.
Continental AG is a German multinational automotive parts
manufacturing company headquartered in Hannover, Germany. [BN]
The Plaintiffs are represented by:
James L. Ward, Jr., Esq.
MCGOWAN, HOOD, FELDER & PHILLIPS, LLC
10 Shem Drive, Suite 300
Mount Pleasant, SC 29464
Telephone: (843) 388-7202
Facsimile: (843) 388-3194
E-mail: jward@mcgowanhood.com
COTTON ON USA: Wilkins Suit Removed to E.D. Pennsylvania
--------------------------------------------------------
The case styled as Andrew Wilkins, on behalf of himself and all
others similarly situated v. Cotton On USA, Inc., Case No.
23-09542-TT was removed from the Chester County Court of Common
Pleas, to the U.S. District Court for the Eastern District of
Pennsylvania on March 21, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01216-KSM to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Cotton on USA Inc. -- https://cottonon.com/US/ -- provides clothing
apparel. The Company offers t-shirt, pants, swimwear, lingerie,
sleepwear, baby clothes, shoes, and accessories.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
660 Broadway
Paterson, NJ 07514
Phone: (862) 227-3106
Fax: (973) 525-2552
Email: dz@zemellawllc.com
The Defendants are represented by:
John A. Greenhall, Esq.
COHEN, SEGLIAS, PALLAS , GREENHALL & FURMAN
30 South 17th St., 19th Fl.
Philadelphia, PA 19103
Phone: (215) 564-1700
Fax: (215) 564-3066
Email: jgreenhall@cohenseglias.com
CRAFT AXE THROWING: Thompson TCPA Suit Removed to D. South Carolina
-------------------------------------------------------------------
The case styled as Clay A. Thompson, Jr., individually, and on
behalf of all others similarly situated v. Craft Axe Throwing, LLC,
Case No. 2024-CP-42-00719 was removed from the Spartanburg County
Court of Common Pleas, to the U.S. District Court for the District
of South Carolina on March 22, 2024.
The District Court Clerk assigned Case No. 7:24-cv-01380-TMC to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Craft Axe Throwing -- https://craftaxethrowing.com/ -- is a venue
for entertainment, gaming, and event services.[BN]
The Plaintiff is represented by:
Michael A. Timbes, Esq.
Sarah Danielle Baum, Esq.
Thomas J. Rode, Esq.
THURMOND KIRCHNER AND TIMBES PA
15 Middle Atlantic Wharf, Suite 101
Charleston, SC 29401
Phone: (843) 937-8000
Email: michael@tktlawyers.com
sarah@tktlawyers.com
thomas@tktlawyers.com
The Defendant is represented by:
Andrew Addison Mathias, Esq.
Konstantine Peter Diamaduros, Esq.
MAYNARD NEXSEN
104 South Main Street, Suite 900
Greenville, SC 29601
Phone: (864) 282-1195
Fax: (864) 477-2697
Email: AMathias@maynardnexsen.com
KDiamaduros@maynardnexsen.com
- and -
Connor Bentley Bauknight, Esq.
RICHARDSON PLOWDEN AND ROBINSON (COL)
PO Drawer 7788
Columbia, SC 29202
Phone: (803) 771-4400
Email: cbauknight@richardsonplowden.com
CROWN LABORATORIES: Del Toro Balks at Acne Treatment Products' Ads
------------------------------------------------------------------
ERIN DEL TORO and LOUISA ROMO, individually and on behalf of all
others similarly situated v. CROWN LABORATORIES, INC., Case No.
8:24-cv-00573 (C.D. Cal., March 19, 2024) accuses the Defendant of
violating consumer fraud laws by failing to disclose benzene
presence in acne treatment products.
The Plaintiffs bring this class action over Defendant's
manufacturing, distribution, advertising, marketing, and sale of
PanOxyl branded benzoyl peroxide ("BPO") acne treatment products
(the BPO Products) that contain dangerously high levels of benzene,
a carcinogenic impurity that has been linked to leukemia and other
cancers. Defendant allegedly misrepresented, omitted, and concealed
this fact to consumers, including Plaintiff and Class members, by
failing to disclose on the labels or warn that the BPO Products
contain benzene. The Plaintiffs and Class members relied on
Defendant's representations that the products were safe and did not
contain any carcinogens.
The Plaintiffs seek damages for Defendants' alleged violations of
State Consumer Fraud Acts, California Business and Professions
Code, and the Consumer Legal Remedies Act, as well as unjust
enrichment and negligent misrepresentation/omission.
Crown Laboratories is a global skin care company based in Johnson
City, TN. [BN]
The Plaintiffs are represented by:
Kristen Lake Cardoso, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW PA
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (310) 566-9886
E-mail: cardoso@kolawyers.com
ostrow@kolawyers.com
CULTURAL CARE: Appeals Arbitration Bid Denial in Posada FLSA Suit
-----------------------------------------------------------------
CULTURAL CARE, INC. is taking an appeal from a court order denying
its motion to compel arbitration in the lawsuit entitled Morales
Posada, et al., individually and on behalf of all others similarly
situated, Plaintiffs, v. Cultural Care, Inc., Defendant, Case No.
1:20-cv-11862-IT, in the U.S. District Court for the District of
Massachusetts.
As previously stated in the Class Action Reporter, the Plaintiffs
allege that Cultural Care, through its failure to adequately pay
them and to provide certain disclosures, has violated the Fair
Labor Standards Act ("FLSA"), 29 U.S.C. Section 201, et seq., and
New York, California, New Jersey, and Illinois minimum wage,
overtime, and wage statement laws. They also allege that Cultural
Care has engaged in deceptive trade practices.
On Aug. 18, 2023, the Defendant filed a motion to compel
arbitration, which the Court denied as to the International Care
Contract and denied without prejudice as to the 2023 Contract
through an Order entered by Judge Indira Talwani on Feb. 28, 2024.
The Court held that Cultural Care may not enforce the International
Care Contract's arbitration clause pursuant to the doctrine of
equitable estoppel.
The appellate case is captioned Morales Posada, et al. v. Cultural
Care, Inc., Case No. 24-1248, in the United States Court of Appeals
for the First Circuit, filed on March 13, 2024. [BN]
Plaintiffs-Appellees KAREN MORALES POSADA, et al., individually and
on behalf of all others similarly situated, are represented by:
Helen Clara Coleman, Esq.
NICHOLS KASTER PLLP
4700 IDS Center
80 S. 8th St.
Minneapolis, MN 55402
Telephone: (612) 256-3200
- and -
Matthew C. Helland, Esq.
NICHOLS KASTER LLP
235 Montgomery St., Suite 810
San Francisco, CA 94104
Telephone: (415) 277-7235
- and -
Alexander N. Hood, Esq.
David Hollis Seligman, Esq.
TOWARDS JUSTICE
P.O. Box 371680
PMB 44465
Denver, CO 80237
Telephone: (720) 441-2236
(720) 248-8426
- and -
Peter Rukin, Esq.
RUKIN HYLAND LLP
1939 Harrison St., Ste. 925
Oakland, CA 94612
Telephone: (415) 421-1800
Defendant-Appellee CULTURAL CARE, INC. is represented by:
Alexander S. Del Nido, Esq.
Gavin Frisch, Esq.
Matthew Mazzotta, Esq.
Aliki Sofis, Esq.
Zi Chun Michelle Wang, Esq.
Harvey J. Wolkoff, Esq.
QUINN EMANUEL URQUHART & SULLIVAN LLP
111 Huntington Ave., Ste. 520
Boston, MA 02199
Telephone: (617) 712-7100
(617) 712-7116
(617) 951-7000
- and -
Kathleen M. Sullivan, Esq.
QUINN EMANUEL URQUHART & SULLIVAN LLP
865 S. Figueroa St., 10th Fl.
Los Angeles, CA 90017
Telephone: (213) 443-3000
CURRANT ROLL SHOP: Erkan Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against The Currant Roll Shop
By Allans Bakery, LLC. The case is styled as Nihal Erkan, on behalf
of herself and all others similarly situated v. The Currant Roll
Shop By Allans Bakery, LLC, Case No. 1:24-cv-02144 (E.D.N.Y., March
25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Currant Roll Shop By Allans Bakery, LLC --
https://www.allansbakery.com/store/ -- offers puff pastry rolled up
with currants and spices.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
DAILY WIRE: Discloses Personal Info to Facebook, Wade Suit Says
---------------------------------------------------------------
JAMES WADE, on behalf of himself and all others similarly situated,
Plaintiff v. THE DAILY WIRE, LLC, Defendant, Case No.
CACE-24-003886 (Fla. Cir., 17th Judicial, Broward Cty., March 21,
2024) arises from Defendant's practice of knowingly disclosing to a
third party, Meta Platforms, Inc. (Facebook), data containing its
digital subscribers' personally identifiable information of
Facebook ID and the computer file containing video and its
corresponding URL that subscribers, including Plaintiff, viewed via
Defendant's website, www.dailywire.com.
Plaintiff Wade alleges that the Defendant violated the federal
Video Privacy Protection Act by disclosing its digital subscribers'
identities and video media to Facebook without proper consent.
Headquartered in Tennessee, Daily Wire is an online resource and
media company that provides news, food, pop culture, and commerce
information to consumers. It produces 250 pieces of content daily
and has approximately 890,000 paid subscribers. [BN]
The Plaintiff is represented by:
Jonathan B. Cohen, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
3833 Central Ave.
St. Petersburg, FL 33713
E-mail: jcohen@milberg.com
- and -
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Telephone: (786) 879-8200
Facsimile: (786) 879-7520
E-mail: mweekes@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
DANONE WATERS: Dotson Suit Removed to C.D. California
-----------------------------------------------------
The case styled as Michael Dotson, individually and on behalf of
all others similarly situated v. Danone Waters of America, LLC,
Case No. 24STCV04928 was removed from the Superior Court of the
County of Los Angeles, to the U.S. District Court for the Central
District of California on March 25, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02445-RGK-MAA to
the proceeding.
The nature of suit is stated as Other Fraud.
Danone -- https://www.danone.com/ -- is a leading multi-local food
and beverage company.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian Robert Bacon, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
21031 Ventura Blvd Suite 340
Woodland Hills, CA 91364
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
The Defendant is represented by:
Jesse Colin Medlong, Esq.
George John Gigounas, Esq.
DLA PIPER LLP
555 Mission Street Suite 2400
San Francisco, CA 94105
Phone: (415) 836-2594
Fax: (415) 659-7370
Email: jesse.medlong@dlapiper.com
george.gigounas@us.dlapiper.com
DAYTON-PHOENIX GROUP: Peters Sues Over Machine Operators' Unpaid OT
-------------------------------------------------------------------
VALERIE PETERS, on behalf of herself and all others similarly
situated, Named Plaintiff v. DAYTON-PHOENIX GROUP, INC., Defendant,
Case No. 3:24-cv-00090-WHR-CHG (S.D. Ohio, March 21, 2024) arises
from the Defendant's failure to pay Plaintiff and other similarly
situated employees overtime wages as well as failure to comply with
all other requirements of the Fair Labor Standards Act of 1938, the
Ohio Prompt Pay Act, and Ohio unjust enrichment common law.
Plaintiff Peters has been working for Defendant primarily as a
machine operator from approximately the beginning of 2011 until the
present. Allegedly, Defendant shortchanged its non-exempt
employees, including Plaintiff, and failed to pay overtime
compensation through unlawful practices that do not pay all
overtime hours worked at one and one-half times their regular
hourly rates for hours more than 40 hours per workweek.
Dayton-Phoenix Group manufactures and supplies electrical and
locomotive components to the industrial and railroad markets
through its manufacturing facilities in Ohio and Indiana. [BN]
The Plaintiff is represented by:
Daniel I. Bryant, Esq.
BRYANT LEGAL, LLC
4400 N. High St., Suite 310
Columbus, OH 43214
Telephone: (614) 704-0546
Facsimile: (614) 573-9826
E-mail: dbryant@bryantlegalllc.c
- and -
Esther E. Bryant, Esq.
BRYANT LEGAL, LLC
3450 W Central Ave., Suite 370
Toledo, OH 43606
Telephone: (419) 824-4439
Facsimile: (419) 932-6719
E-mail: Ebryant@bryantlegalllc.com
- and -
Joseph F. Scott, Esq.
Ryan A. Winters, Esq.
SCOTT & WINTERS LAW FIRM, LLC
50 Public Square, Suite 1900
Cleveland, OH 44113
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
E-mail: jscott@ohiowagelawyers.com
rwinters@ohiowagelawyers.com
- and -
Kevin M. McDermott II, Esq.
SCOTT & WINTERS LAW FIRM, LLC
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
11925 Pearl Rd., Suite 310
Strongsville, OH 44136
E-mail: kmcdermott@ohiowagelawyers.com
DELAWARE COUNTY, PA: Johnson Sues Over First Amendment Violations
-----------------------------------------------------------------
ALBERT JOHNSON, SR., individually and on behalf of others similarly
situated, Plaintiff v. Delaware County Pennsylvania, Jail Oversight
Board of Delaware County Pennsylvania, George W. Hill Correctional
Facility, Kevin Madden, individually and in his official capacity
as Delaware County Councilman and Chair of the Jail Oversight
Board, Laura Williams, Warden - individually and in her official
capacity as chief administrator of the George W. Hill Correctional
Facility, Cheyenne Marquette, individually and in her official
capacity as Human Resources Manager of the George W. Hill
Correctional Facility, Defendants, Case No. 2:24-cv-01214 (E.D.
Pa., March 21, 2024) arises out of the unlawful and hostile
violation of Plaintiffs' rights under the First Amendment by
Defendants since Defendants subjected and/or caused to be subjected
Plaintiffs to the deprivation of myriad rights, privileges, and
immunities secured by the Constitution and laws.
According to the complaint, by refusing, failing, and neglecting to
deduct dues from the members of the Delaware County Prison
Employees Independent Union, even after receiving more than one
hundred 100 signed cards directing her to do so, Defendants
deprived them of their Constitutional right to freedom of speech,
freedom of association, and freedom to petition under the First
Amendment of the United States Constitution.
Delaware County Pennsylvania is a public entity duly organized and
existing pursuant to the laws of the Commonwealth of Pennsylvania
with a business address at 201 West Front Street, Media, PA. It
operates and maintains the George Hill Correctional Facility
located in Delaware County, PA. [BN]
The Plaintiff is represented by:
Timothy J. Prol, Esq.
DEREK SMITH LAW GROUP, PLLC
1835 Market Street, Suite 2950
Philadelphia, PA 19103
Telephone: (267) 857-0834
E-mail: tim@dereksmithlaw.com
DIDI GLOBAL: Court Denies Dismissal Bid in Securities Class Suit
----------------------------------------------------------------
Shearman & Sterling LLP of JD Supra reports that on March 14, 2024,
Judge Lewis Kaplan of the United States District Court for the
Southern District of New York denied defendants' motions to dismiss
a putative class action against a China-based ride hailing company,
certain of its officers and directors, and the underwriters of the
company's IPO, asserting claims under the Securities Act of 1933
and the Securities Exchange Act of 1934. In re Didi Global Inc.
Sec. Litig., 2024 WL 1119483 (S.D.N.Y. Mar. 14, 2024). Plaintiffs
alleged that the company omitted from its filings in connection
with its New York Stock Exchange ("NYSE") IPO that the Chinese
government had directed it to postpone its IPO, with the Chinese
government imposing penalties after the company allegedly
disregarded this directive. The Court held that plaintiffs'
allegations were adequate to state a claim with respect to nearly
all of their asserted claims.
Plaintiffs alleged that the Chinese government directed the company
to postpone its IPO, purportedly until the company resolved various
cybersecurity policies and privacy issues, and that when the
company chose to go ahead with the IPO despite receiving these
directives, the Chinese government prohibited the company from
signing up new customers and was ultimately forced to delist its
shares from the NYSE. Id. at *2. The announcement of the Chinese
government's actions allegedly caused the company's stock price to
fall to approximately 14% of the IPO price. Id. at *2-3.
The Court first held that plaintiffs' Securities Act claims against
the company largely sounded in fraud and therefore needed to be
assessed pursuant to the same heightened pleading standard
applicable to the Exchange Act claims. Id. at *5-6. The Court
observed that the Securities Act claims against the company were
nearly identical to the Exchange Act claims and that, despite
plaintiffs' attempt to disclaim allegations of fraud in pleading
the Securities Act claims, the underlying conduct at issue was
still the same with respect to both sets of claims. Id. With
respect to plaintiffs' Securities Act claims against the company's
officers, directors, and underwriters, however, the Court concluded
that these allegations did not sound in fraud and would be assessed
under the more lenient notice pleading standard, because plaintiffs
did not allege as a basis for their Securities Act claims against
those defendants that they had actual knowledge of the Chinese
government's directive in advance of the IPO. Id. at *6.
The Court then explained that plaintiffs met the heightened
pleading standard with respect to their Securities Act claims
against the company. Id. at *6-7. The Court held that plaintiffs
specifically and adequately alleged the company was directed to
postpone its IPO, alleging that Chinese government officials met in
person with the company and directed the company to postpone the
IPO until the company had completed a cybersecurity review. Id. at
*6. The Court noted that plaintiffs cited news articles reporting
these details and credited plaintiffs' contention that the speed at
which the company was sanctioned following the IPO also supported
the allegation that the company had been told to postpone the IPO
but failed to disclose this in the offering materials for the IPO.
Id. at *7.
The Court held that this omission was material. The Court rejected
defendants' argument that the company had no obligation to disclose
the specific directive at issue because it generally disclosed that
there was a risk of government penalties if the company failed to
comply with laws or regulations. Id. at *8. The Court explained
that this general risk disclosure was inadequate because it failed
to warn about the specific risks the company could face if it
disregarded the Chinese government's specific directive regarding
the IPO. Id.
The Court further held that plaintiffs adequately alleged an
actionable omission under Regulation S-K Items 303 and 105. With
respect to Item 303, the Court emphasized that it requires
disclosure of known trends and uncertainties, that it specifically
requires foreign private issuers to disclose "pertinent
governmental economic, fiscal, monetary, or political policies or
factors that have materially affected or could materially affect,
directly or indirectly, its operations," and that disclosure is
required unless the company determines that the trend or
uncertainty "is not reasonably likely to occur." Id. at *9. The
Court held that disclosure was required under Item 303 because
plaintiffs plausibly alleged that the company was reasonably likely
to be sanctioned by the Chinese government and that such sanctions
were reasonably likely to have a material effect on the company.
Id. at *10. For the same reasons, the Court concluded that
plaintiffs' allegations were sufficient to allege an omission under
Item 105, which requires the disclosure of "the material factors
that make an investment in the registrant or offering speculative
or risky." Id. Moreover, the Court concluded that this omission was
also actionable because it rendered misleading the company's more
general risk disclosures about potential regulatory risks,
including disclosure of other contacts with Chinese regulators.
Id.
In addition, the Court held that alleged contractual
misrepresentations the company made to the underwriters in the
underwriting agreement for the IPO could support a claim under
Section 11 of the Securities Act because the underwriting agreement
was filed as an attachment to the registration statement. Id. at
*11. The Court explained that, if statements in such documents
attached to a registration statement were non-actionable, that
could allow a company to include statements in its public filings
"with an eye toward influencing investors without incurring Section
11 liability." Id. at *13. Thus, the Court held that the
representations made in the underwriting agreement that the
registration statement would not "omit to state a material fact,"
that the company had no undisclosed "governmental actions," and
that the company was "in material compliance with all applicable
laws," were actionable based on the same underlying factual
allegations supporting plaintiffs' other claims. Id. at *13-14.
Moreover, while the Court held that statements in the underwriting
agreement did not support a claim under Section 12 of the
Securities Act—because Section 12 relates to misrepresentations
in a prospectus and the underwriting agreement was not filed with
the prospectus—the Court declined to dismiss the Section 12 claim
in light of similar allegations of material omission in the
prospectus itself. Id. at *14.
Turning to the Exchange Act claims, the Court held plaintiffs
adequately pleaded scienter and loss causation. As to scienter, the
Court concluded that the company and the officer and director
defendants were plausibly alleged to have known about the Chinese
government's directives and were also plausibly alleged to have the
requisite motive and opportunity because they stood to make
billions from the IPO. Id. at *16. While the Court noted that a
generalized motive to earn a profit is not sufficient to allege
scienter, the allegations here were sufficient to allege a concrete
and personal benefit because the alleged omission related to the
company's ability to go forward with an IPO at all and that, absent
the IPO, it was possible that the Chinese government would not
permit the company to raise capital. Id. The Court further held
that, in the alternative, plaintiffs adequately alleged scienter on
a theory of recklessness because the company defendants allegedly
knew that proceeding with the IPO in disregard of the Chinese
government's directive could be devastating to the company. Id. at
*17-18.
The Court further determined that plaintiffs adequately alleged
loss causation based on (i) news reports regarding the Chinese
government's pre-IPO communications with the company, which
amounted to a corrective disclosure, and (ii) the Chinese
government's regulatory actions and penalties, which were a
materialization of an allegedly concealed risk and therefore
amounted to a "constructive" disclosure. Id. at *18. The Court
explained that, although this information was allegedly revealed
over the course of several months, loss causation may be based on
both "corrective and constructive disclosures, particularly where,
as here, the full contours of the allegedly fraudulent omission
emerged in dribs and drabs." Id. at *19. [GN]
DOLLAR TREE INC: Garcia Suit Transferred to D. Maryland
-------------------------------------------------------
The case captioned as Dylan Garcia, individually and on behalf of
all others similarly situated v. Dollar Tree, Inc., Zeroed-In
Technologies, LLC, Doe Defendants 1-100, Case No. 2:24-cv-00570 was
transferred from the U.S. District Court for the Central District
of California, to the U.S. District Court for the District of
Maryland on March 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00872-BAH to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Dollar Tree, Inc. -- https://www.dollartree.com/ -- is an American
multi-price-point chain of discount variety stores.[BN]
The Defendants are represented by:
Daniel E. Raymond, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4321
Phone: (312) 583-2379
Email: daniel.raymond@arnoldporter.com
- and -
Kenneth L Chernof, Esq.
ARNOLD AND PORTER LLP
601 Massachusetts Avenue, N.W.
Washington, DC 20001
Phone: (202) 942-5000
Fax: (202) 942-5999
Email: ken.chernof@arnoldporter.com
- and -
Meagan VanderWeele, Esq.
GORDON REES SCULLY MANSUKHANI
One North Franklin, Suite 800
Chicago, IL 60606
Phone: (312) 619-4931
Fax: (312) 565-6511
Email: mvanderweele@grsm.com
DP DREAM PAIRS: Sookul Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against DP Dream Pairs Inc.
The case is styled as Sanjay Sookul, on behalf of himself and all
others similarly situated v. DP Dream Pairs Inc., Case No.
1:24-cv-02181 (S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Dream Pairs -- https://www.dreampairshoes.com/ -- brings
fashionable and comfortable shoes, sandals, heels, boots, flats,
sneakers and more for women and kids.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
DRAY STAFF INC: Miranda Sues Over Failure to Pay Minimum Wages
--------------------------------------------------------------
Diego Miranda, and other similarly situated aggrieved employees v.
DRAY STAFF, INC.; DANIEL LINARES; and DOES 1 to 25, inclusive, Case
No. 24STCV07036 (Cal. Super. Ct., Los Angeles Cty., March 20,
2024), is brought for failure to compensate for all hours worked;
failure to pay minimum wages; failure to pay overtime; failure to
provide accurate itemized wage statements; failure to pay wages
owed every pay period; failure to give rest breaks; failure to give
meal breaks; failure to reimburse for business expenses; Private
Attorneys General Act ("PAGA"); failure to provide personnel
records; failure to provide pay records; and violation of Business
and Professions Code.
The Defendants violated Labor because it failed to pay Plaintiff
and other similarly situated aggrieved employees for all hours
worked, including the statutory minimum wage for all hours worked
and for "off the clock" work. This is so because Plaintiff was not
paid for all hours worked. In fact, in a pay period in
November/December 2023, Plaintiff's paycheck reflected that he
worked under 40 hours in the week, even though he worked over 40
hours. Plaintiff brought up the discrepancy to the company,
however, nothing was done to rectify the issue. As such, Plaintiff
was not paid for all hours worked, which is a minimum wage
violation, says the complaint.
The Plaintiff started working at DRAY STAFF in or around mid-2023
as a driver and machine operator.
DRAY STAFF, INC. is a California corporation, doing business in the
County of Los Angeles, State of California, and which employed
Plaintiff.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Phone: (818) 484-6531
Facsimile: (818) 956-1983
DRIL-QUIP INC: Steamfitters Sues Over Breach of Fiduciary Duties
----------------------------------------------------------------
STEAMFITTERS LOCAL 449 PENSION FUND, on behalf of itself and all
others similarly situated, Plaintiff v. DRIL-QUIP, INC., TERRENCE
B. JUPP, CARRI A. LOCKHART, JOHN V. LOVOI, AMY B. SCHWETZ, DARRYL
K. WILLIS, INNOVEX DOWNHOLE SOLUTIONS, INC., and AMBERJACK CAPITAL
PARTNERS, L.P., Defendants, Case No. 2024-0284 (Del. Ch., March 21,
2024) asserts that Dril-Quip's board of directors breached their
fiduciary duties for tacking on unreasonable entrenching provisions
to an all-stock merger with Innovex Downhole Solutions, Inc. and
that Amberjack and Innovex have aided and abetted those breaches.
Among other things, the merger's stockholders agreement requires
that Amberjack must vote in favor of the incumbent Board's nominees
at the Dril-Quip's 2025 annual stockholder meeting. Moreover, this
incumbent voting requirement will severely disenfranchise
stockholders because locking up Amberjack's 43% voting block makes
any dissident challenge practically impossible. Additionally, the
agreement also prohibits Amberjack from selling its shares to any
activist investor as long as it maintains at least 10% of the
Dril-Quip's outstanding common stock. Accordingly, Plaintiff, on
behalf of itself and similarly situated stockholders of Dril-Quip,
seeks an injunction enjoining the enforcement of the incumbent
voting requirement and the anti-activism transfer restrictions.
Headquartered in Houston, TX, Innovex Downhole Solutions, Inc.is
engaged in the business of designing, manufacturing, selling, and
rental of oilfield equipment. [BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
Mark D. Richardson, Esq.
Brendan W. Sullivan, Esq.
222 Delaware Ave., Suite 1510
Wilmington, DE 19801
Telephone: (302) 573-2540
E-mail: nweinberger@labaton.com
mrichardson@labaton.com
bsullivan@labaton.com
- and -
Domenico Minerva, Esq.
John Vielandi, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
- and -
Jeremy Friedman, Esq.
David Tejtel, Esq.
Lindsay La Marca
FRIEDMAN OSTER & TEJTEL PLLC
493 Bedford Center Road, Suite 2D
Bedford Hills, NY 10507
Telephone: (888) 529-1108
- and -
Joel Fleming, Esq.
Amanda Crawford, Esq.
EQUITY LITIGATION GROUP LLP
101 Arch Street, 8th Floor
Boston, MA 02110
Telephone: (617) 468-8602
DSV AIR: Fails to Pay Proper Wages, Chan Suit Alleges
-----------------------------------------------------
RODOLFO CHAN; MATTHEW PEREZ; and JOSE VACA, individually and on
behalf of all others similarly situated, Plaintiffs v. DSV AIR &
SEA, INC.; and DOES 1-50, inclusive, Defendants, Case No.
24STCV06592 (Cal. Super., Los Angeles Cty., March 15, 2024) is an
action against the Defendants 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 staffs.
DSV AIR & SEA, INC. is a transport and logistics company offering
global transport services by road, air, sea and train. [BN]
The Plaintiffs are represented by:
Nazo Koulloukian, Esq.
Hilary Silvia, Esq.
KOUL LAW FIRM, APC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
Email: nazo@koullaw.com
hilary@koullaw.com
DUKE UNIVERSITY: Appeals Denied Dismissal Bid in Franklin Suit
--------------------------------------------------------------
DUKE UNIVERSITY, et al. are taking an appeal from a court order
denying their motion to dismiss the lawsuit entitled Joy G.
Franklin, individually and on behalf of all others similarly
situated, Plaintiff, v. Duke University, et al., Defendants, Case
No. 1:23-cv-00833-CCE-JLW, in the U.S. District Court for the
Middle District of North Carolina.
As previously stated in the Class Action Reporter, the lawsuit is
brought against the Defendant for violations of the Employee
Retirement Income Security Act of 1974. Plaintiff Franklin accuses
the Defendants of unlawfully shortchanging retirees of the
Employees' Retirement Plan of Duke University by millions of
dollars through their use of outdated mortality tables. By using
outdated mortality tables to calculate joint and survivor annuities
and pre-retirement survivor annuities for Plan participants prior
to July 1, 2023, the Defendants allegedly harmed the financial
security of its former employees and their loved ones, to the
Defendants' financial gain.
On Dec. 8, 2023, the Defendants filed a motion to dismiss for
failure to state a claim.
On Dec. 28, 2023, the Plaintiff filed a motion to certify class.
On Jan. 2, 2024, the Defendants filed a joint motion to stay class
certification, which the Court granted through an Order entered by
Chief District Judge Catherine C. Eagles on Jan. 3, 2024. The
Plaintiff's motion to certify class was withdrawn.
On Feb. 29, 2024, the Court denied the Defendants' motion to
dismiss the Plaintiff's Sec. 1132(a)(2) claims for lack of subject
matter jurisdiction and to compel arbitration of the Sec.
1132(a)(3) claims. The Defendants' motion to dismiss for failure to
state a claim remains under advisement.
The appellate case is captioned Joy G. Franklin v. Duke University,
et al., Case No. 24-1205, in the United States Court of Appeals for
the Fourth Circuit, filed on March 11, 2024. [BN]
EASTERN RADIOLOGISTS: Jones et al. Seek Damages Over Data Breach
----------------------------------------------------------------
GENEVIEVE JONES, ELAINE QUITTKAT, JAMIE PERKINS and LYNN CAVERLY,
on behalf of all others similarly situated v. EASTERN RADIOLOGISTS,
INC., Case No. 4:24-cv-49 (E.D.N.C., March 20, 2024) accuses the
Defendants of failing to safeguard patients' personal information,
resulting in a data breach.
The Plaintiffs' personally identifiable information (PII) and
protected health information (PHI) was compromised in a data breach
caused by a cyberattack on Defendant's IT systems which occurred
between November 20, 2023 and November 24, 2023. The Defendant only
began notifying those affected by the data breach, including
Plaintiffs, on March 4, 2024, three months after discovering the
incident. The Plaintiffs allege that Defendant failed to safeguard
patients' PII and PHI and failed to provide timely notice of the
data breach. The Plaintiffs and other individuals affected by the
data breach are, and remain, at risk of harm for identity theft,
identity fraud, and/or medical fraud.
Thus, the Plaintiffs seek damages for negligence, negligence per
se, breach of implied contract, unjust enrichment, invasion of
privacy, violation of the North Carolina Unfair Trade Practices
Act, and violation of the North Carolina Identity Theft Protection
Act.
Eastern Radiologists, Inc. is a healthcare services provider based
in Greenville, NC. [BN]
The Plaintiffs are represented by:
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
1 N. Market Street
Asheville, NC 28801
Telephone: (828) 258-2991
Facsimile: (828) 257-2767
E-mail: dwilkerson@vwlawfirm.com
- and -
Eduard Korsinsky, Esq.
Mark S. Reich, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: ek@zlk.com
mreich@zlk.com
ELECTRIC FETUS: Beauchamp Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against The Electric Fetus
Company. The case is styled as Kevin Beauchamp, on behalf of
himself and all others similarly situated v. The Electric Fetus
Company, Case No. 1:24-cv-02217 (S.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Electric Fetus -- https://electricfetus.com/ -- is a retail store
featuring recorded disks, clothing, jewelry, accessories,
housewares, and unique gifts.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ERIE BASIN: Erkan Files ADA Suit in E.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Erie Basin, LLC. The
case is styled as Nihal Erkan, on behalf of herself and all others
similarly situated v. Erie Basin, LLC, Case No. 1:24-cv-02136
(E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Erie Basin -- https://eriebasin.com/ -- opened in 2006 and quickly
became an international destination for its thoughtful and
surprisingly modern selection of antique jewelry and
furniture.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ESHAVE LLC: Liz Files ADA Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Eshave, LLC. The case
is styled as Pedro Liz, on behalf of himself and all others
similarly situated v. Eshave, LLC, Case No. 1:24-cv-02183
(S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
eShave -- https://eshave.com/ -- carries a selection of wholesale
men's grooming products, personal care products, grooming products,
and more.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
ESSENCE DE BEAUT: Erkan Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Essence De Beaut,
Inc. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. Essence De Beaut, Inc., Case No.
1:24-cv-02137-NRM-TAM (E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Essence de Beaute -- https://essencedebeaute.com/ -- offers
products that quickly and gently rejuvenate skin texture and tone
without the irritation of expensive commercial products.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
EVOLV TECHNOLOGIES: Raby Sues Over Exchange Act Violation
---------------------------------------------------------
Gerald Raby, Individually and on behalf of all others similarly
situated v. EVOLV TECHNOLOGIES HOLDINGS, INC. F/K/A NEWHOLD
INVESTMENT CORP., PETER GEORGE, MARIO RAMOS, MARK DONOHUE, KEVIN
CHARLTON, and ADAM DEUTSCH, Case No. 1:24-cv-10761 (D. Mass., March
25, 2024), is brought on behalf of persons or entities who
purchased or otherwise acquired publicly traded Evolv securities
between June 28, 2021 and March 13, 2024, inclusive (the "Class
Period"), seeking to recover compensable damages caused by
Defendants’ violations of the federal securities laws under the
Securities Exchange Act of 1934 (the "Exchange Act").
The statements made by the Defendants were materially false and/or
misleading because they misrepresented and failed to disclose the
following adverse facts pertaining to the Company’s business,
operations and prospects, which were known to Defendants or
recklessly disregarded by them. Specifically, Defendants made false
and/or misleading statements and/or failed to disclose that: Evolv
materially overstated the efficacy of its products; the lack of
effectiveness of Evolv’s products with regard to detecting knives
and guns led to an increased risk of undetected weapons entering
locations such as schools; Evolv deceived the general public, its
customers, and its investors regarding the effectiveness of its
products; and as a result, Defendants’ statements about its
business, operations, and prospects, were materially false and
misleading and/or lacked a reasonable basis at all relevant times,
says the complaint.
The Plaintiff purchased Evolv securities during the Class Period
and was economically damaged thereby.
Evolv describes itself as a "leader in Artificial Intelligence
("AI")-based weapons detection for security screening.[BN]
The Plaintiff is represented by:
Joshua Baker, Esq.
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: jbaker@rosenlegal.com
pkim@rosenlegal.com
lrosen@rosenlegal.com
FERRARI NA: Nechev Sues Over Defective Brake System of Vehicles
---------------------------------------------------------------
ILIYA NECHEV, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. FERRARI NORTH AMERICA, INC., a Delaware
Corporation; FERRARI S.P.A.; ROBERT BOSCH, LLC, a Delaware
Corporation; and ROBERT BOSCH GMBH, Defendants, Case No.
3:24-cv-00516-JO-MSB (S.D. Cal., March 18, 2024) arises from the
Defendants' defective braking system of certain vehicles and
asserts claims for fraud by concealment or omission, negligent
misrepresentation, unjust enrichment, breach of implied warranty of
merchantability, and for violations of the Song-Beverly Consumer
Warranty Act, California's Consumer Legal Remedies Act and
California's Unfair Competition Law.
Plaintiff Nechev purchased a used 2010 Ferrari 458 Italia, in
December 2020 from Ferrari of Washington, an authorized Ferrari
dealership, located at 45235 Towlern Place, Sterling, VA.
Allegedly, Defendants failed to disclose that the said vehicle
suffers from the brake defect and omitted the existence of the
brake defect from the materials provided to the general public and
consumers of that vehicle.
Ferrari NA is the wholly owned North American subsidiary of Ferrari
SpA. Ferrari NA is responsible for marketing, sales, distribution,
repairs, replacements, regulatory compliance, and management of
Ferrari's authorized dealership network and is responsible for all
things Ferrari within the United States.[BN]
The Plaintiff is represented by:
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two CityPlace Drive
St. Louis, MO 63141
Telephone: (314) 226-1015
E-mail: mflannery@cuneolaw.com
- and -
Gary K. Burger, Esq.
BURGER LAW, LLC
500 North Broadway Suite 1860
St. Louis, MO 63102
Telephone: (314) 542-2222
E-mail: gary@burgerlaw.com
- and -
Charles J. LaDuca, Esq.
Alexandra C. Warren, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Avenue, NW Suite 200
Washington, DC 20016
Telephone: (202) 789-3960
E-mail: charles@cuneolaw.com
awarren@cuneolaw.com
- and -
James E. Cecchi, Esq.
Caroline F. Bartlett, Esq.
Jordan M. Steele, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: jcecchi@carellabyrne.com
cbartlett@carellabyrne.com
jsteele@carellabyrne.com
- and -
Zachary S. Bower, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
2222 Ponce De Leon Blvd.
Miami, FL 33134
Telephone: (973) 994-1700
E-mail: zbower@carellabyrne.com
- and -
W. Daniel "Dee" Miles, III, Esq.
H. Clay Barnett, III, Esq.
Mitchell Williams, Esq.
Dylan T. Martin, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, P.C.
218 Commerce St
Montgomery, AL 36104
Telephone: (334) 269-2343
E-mail: dee.miles@beasleyallen.com
clay.barnett@beasleyallen.com
mitch.williams@beasleyallen.com
dylan.martin@beasleyallen.com
FIDELITY NATIONAL: Tillis Suit Transferred to M.D. Florida
----------------------------------------------------------
The case styled as Teneika Tillis, individually an on behalf of all
others similarly situated v. FIDELITY NATIONAL FINANCIAL, INC.; AND
LOANCARE, LLC, Case No. 5:23-cv-02537 was transferred from the U.S.
District Court for the Central District of California, to the U.S.
District Court for the Middle District of Florida on March 21,
2024.
The District Court Clerk assigned Case No. 3:24-cv-00285-MMH-PDB to
the proceeding.
The nature of suit is stated as Other Statutory Actions.
Fidelity National Financial, Inc. -- https://www.fnf.com/ -- is an
American provider of title insurance and settlement services to the
real estate and mortgage industries.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
david@kazlg.com
mona@kazlg.com
- and -
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
Facsimile: (619) 338-1101
Email: tblood@bholaw.com
jmacpherson@bholaw.com
The Defendant is represented by:
Adriane Kayoko Peralta, Esq.
SIDLEY AUSTIN LLP
350 South Grand Avenue
Los Angeles, CA 90071
Phone: (213) 896-6000
FIT FOODS: Mencia-Montes Balks at Mislabeled Whey Protein Products
------------------------------------------------------------------
RUBEN MENCIA-MONTES, individually and on behalf of all other
persons similarly situated, Plaintiff v. FIT FOODS DISTRIBUTION
INC., Defendant, Case No. 5:24-cv-01768-NC (N.D. Cal., March 21,
2024) arises from the Defendants' false, deceptive, and misleading
food product label statements, which violated the Federal Food,
Drug, and Cosmetic Act and the state Unfair and Deceptive Acts and
Practices Statutes and/or Consumer Protection Acts, including
California's False Advertising Law and Consumers Legal Remedies
Act.
Allegedly, its "Mass Extreme 2500" product in a systematically
misleading manner, by misrepresenting that this product has a
specific amount of protein that it does not in fact contain. The
product's front labels plainly state that they are fortified with
92 grams of protein. Despite Defendant's representations, however,
the product only contains 30 grams of protein (per one serving with
water) or 60 grams of protein (per two servings with water per
day), says the suit.
Based in White House, TN, Fit Foods Distribution Inc. formulates,
manufactures, advertises and sells the popular "Mutant" supplements
that offer a wide range of products for muscle growth, fat loss,
wellness and performance, throughout the United States. [BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
- and -
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC.
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
Facsimile: (212) 884-4230
E-mail: adrian@gr-firm.com
FODERA GUITAR: Beauchamp Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Fodera Guitar
Partners, LLC. The case is styled as Kevin Beauchamp, on behalf of
himself and all others similarly situated v. Fodera Guitar
Partners, LLC, Case No. 1:24-cv-02213 (S.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Fodera -- https://fodera.com/ -- specializes in making fully
customizable, hand crafted electric basses and guitars.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
FOOD LION: Jura Seeks Damages Over Deceptive Product Labeling
-------------------------------------------------------------
PATRICK JURA, individually and on behalf of all others similarly
situated v. FOOD LION LLC, Case No. 1:24-cv-00808-GLR (D. Md.,
March 19, 2024) accuses the Defendant of violating the Maryland
Consumer Protection Act.
This action arises from Defendant's alleged use of false,
deceptive, and/or misleading labeling regarding its Fruit & Grain
Cereal Bars product sold under its Food Lion brand. The product's
packaging states that the product is "Blueberry Naturally Flavored"
and "Made with Real Fruit Flavored Filling". These claims are false
and deceptive as the product uses artificial flavoring ingredients
to simulate its filling's blueberry taste. This fact is not
disclosed on the front label or the fine print on the back or side
in the ingredient list. Based on the ingredient list, the filling
contains more artificial blueberry flavor than natural blueberry
flavor, says the suit.
As a result of Defendant's misrepresentations and omissions,
Plaintiff was allegedly injured and suffered damages by paying a
premium price for the product.
Food Lion LLC is a retail grocery store chain headquartered in
Salisbury, N.C. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
Sheehan & Associates P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
FOOTWEAR UNLIMITED: Sookul Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Footwear Unlimited,
Inc. The case is styled as Sanjay Sookul, on behalf of himself and
all others similarly situated v. Footwear Unlimited, Inc., Case No.
1:24-cv-02166 (S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Footwear Unlimited, Inc. -- https://footwearunlimited.com/ --
manufactures and retails footwear. The Company operates out of
Missouri and serves customers and clients throughout the United
States.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
FREEDOM FROM PAIN: Blalock Files TCPA Suit in W.D. Oklahoma
-----------------------------------------------------------
A class action lawsuit has been filed against Freedom From Pain
Institute LLC. The case is styled as Carrol Blalock, individually
on behalf of all others similarly situated v. Freedom From Pain
Institute LLC, Case No. 5:24-cv-00294-R (W.D. Okla., March 22,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Freedom From Pain Institute LLC is dedicated to education &
treatment of chronic pain patterns; offering CE hours, MAT courses
& MMT certifications.[BN]
The Plaintiff is represented by:
Manuel S Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
FRESENIUS MEDICAL: Court Denies Dismissal Bid in Unpaid Wages Suit
------------------------------------------------------------------
Mike Vilensky of Bloomberg Law reports that a former Fresenius
Medical Care Holdings Inc. nurse can proceed with his proposed
federal class action lawsuit over allegedly unpaid wages, even as a
similar suit takes place in state court, a federal judge said.
The company, one of the nation's largest kidney dialysis providers,
and subsidiary, Bio-Medical Applications of California Inc., failed
to persuade the US District Court for the District of Massachusetts
that Jonathan Azurin's lawsuit should be dismissed or paused until
a ruling comes down in a separate proposed class action against the
companies, Calderon v. Bio-Medical Applications of Mission Hills.
[GN]
FRESENIUS VASCULAR CARE: Banks Files Suit in E.D. Pennsylvania
--------------------------------------------------------------
A class action lawsuit has been filed against Fresenius Vascular
Care, Inc. The case is styled as Tyrone Banks, individually and on
behalf of all others similarly situated v. Fresenius Vascular Care,
Inc. d/b/a Azura Vascular Care, Case No. 2:24-cv-01195-MMB (E.D.
Pa., March 20, 2024).
The nature of suit is stated as Other Contract for Breach of
Fiduciary Duty.
Fresenius Vascular Care, Inc. doing business as Azura Vascular Care
-- https://www.azuravascularcare.com/ -- specializes in minimally
invasive outpatient procedures for the treatment & management of a
wide range of vascular conditions.[BN]
The Plaintiff is represented by:
Andrea Bonner, Esq.
SHUB & JOHNS LLC
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Phone: (610) 477-8380
Email: abonner@shublawyers.com
- and -
Samantha E. Holbrook, Esq.
Benjamin F. Johns, Esq.
SHUB & JOHNS LLC
Four Tower Bridge
200 Barr Harbor Drive, Suite 400
West Conshohocken, PA 19428
Phone: (610) 477-8380
Email: sholbrook@shublawyers.com
bjohns@shublawyers.com
FTS USA LLC: Monroe Suit Transferred to M.D. Pennsylvania
---------------------------------------------------------
The case styled as Edward Monroe, Fabian Moore, Timothy Williams,
on behalf of, themselves and all other similarly situated employees
v. FTS USA, LLC, UniTek USA, LLC, Case No. 2:22-mc-00047 was
transferred from the U.S. District Court for the Eastern District
of Pennsylvania, to the U.S. District Court for the Middle District
of Pennsylvania on March 25, 2024.
The District Court Clerk assigned Case No. 1:24-mc-00243-CCC to the
proceeding.
The nature of suit is stated as Motion to Quash.
FTS USA, a UniTek Global Services Company, provides engineering
services, cable installation, maintenance, splicing, sweep,
certification, balancing, disconnect and customer service to the
evolving cable television industry.[BN]
The Plaintiff is represented by:
Krysten Leigh Connon, Esq.
Sarah R. Schalman-Bergen, Esq.
LICHTEN & LISS-RIORDAN
729 Boylston St 2000
Boston, MA 02116
Phone: (617) 994-5800
Email: kconnon@llrlaw.com
ssb@llrlaw.com
- and -
Patrick J. Troy, Esq.
SIRLIN, LESSER & BENSON, PC
123 S. Broad St., Ste. 2100
Philadelphia, PA 19109
Phone: (215) 864-9700
Email: ptroy@sirlinlaw.com
- and -
Rachhana T. Srey, Esq.
NICHOLS KASTER PLLP
80 S. 8th Street, Suite 4600
Minneapolis, MN 55402
Phone: (612) 256-3239
The Defendant is represented by:
Colin D. Dougherty, Esq.
FOX ROTHSCHILD LLP
980 Jolly Road
P.O. Box 3001., Ste. 110
Blue Bell, PA 19422-3001
Phone: (610) 397-6500
Fax: (610) 397-0450
Email: cdougherty@foxrothschild.com
G8 EDUCATION: Settles Shareholder Class Action for $46.5-Million
----------------------------------------------------------------
Business News Australia reports that Slater and Gordon Lawyers has
secured a $46.5 million settlement from childcare provider G8
Education (ASX: GEM) after launching a class action more than three
years ago on behalf of shareholders who suffered losses from an
earnings downgrade in 2017.
The class action, launched on behalf of lead plaintiffs Paul and
Monika Allen, had been due to go to trial in the Victorian Supreme
Court in three weeks.
While G8 says the settlement has been reached "without admission of
liability", the company concedes that a commercial settlement is
"in the best interests of G8 and its shareholders".
Slater and Gordon brought the class action against G8 following
losses suffered by shareholders when the company downgraded its
earnings guidance for calendar 2017 on 4 December 2017, and
subsequently on 26 February 2018 when it officially announced its
earnings result.
The class action alleged G8 had engaged in misleading or deceptive
conduct and breached its continuous disclosure obligations based on
the earnings guidance it provided the market on 23 May 2017 and 21
August 2017.
In its original statement of claim, Slater and Gordon had alleged
that when G8 made its May 2017 earnings forecast it knew it faced
an increase in costs as a result of regulatory changes affecting
staffing levels at the time.
As such, the firm alleged that G8 knew it was unlikely to increase
its occupancy rate to the level required to meet the May 2017
forecast and did not alert shareholders to that fact.
In a joint statement, Paul and Monika Allen have described the
settlement as "a good outcome for group members who invested in G8
shares".
"All companies listed on the ASX should comply with their duties
and obligations to disclose information that is material to the
market. We are pleased with this outcome," they say.
The settlement is now subject to court approval.
G8 estimates the net cash impact after tax and insurance
contributions from the $46.5 million settlement will be about $24.5
million.
"The available indemnity from G8's insurers and existing provisions
will be applied to the settlement payment and there will be no
profit and loss impact to the group's expected 2024 financial
results," says the Gold Coast-based company.
Slater and Gordon also reveals that the G8 class action was the
first in Victoria in which the court made a "group costs order",
which was set at 27.5 per cent.
The order, made by Justice Lisa Nichols on 26 November 2021, allows
the legal costs of the lead plaintiffs and group members to be
calculated as a percentage of any award or settlement reached in
the proceeding.
"We are pleased to have been able to reach this outcome for group
members before the matter proceeded to a trial that was expected to
last seven weeks or more," says Slater and Gordons's class actions
senior associate Kathryn Browne. [GN]
GABOR SMATKO: Makuc Files Suit in D. Arizona
--------------------------------------------
A class action lawsuit has been filed against Gabor Smatko, et al.
The case is styled as Mary Makuc, and all similarly situated
persons v. Gabor Smatko, Monica Smatko, Mobilityless LLC,
Epizontech LLC, Fountainmoons LLC, Hillsunion LLC, Mobilitytrend
LLC, Mogavike2020 LLC; Unknown Parties named as: John Does I-X,
Case No. 2:24-cv-00633-ROS (D. Ariz., March 22, 2024).
The nature of suit is stated as Other Fraud for Racketeering (RICO)
Act.[BN]
The Plaintiff is represented by:
Adam Deutsch, Esq.
Northeast Law Group LLC
P.O. Box 60717
Longmeadow, MA 01106
Phone: (413) 285-3646
- and -
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC - ASBURY PARK, NJ
701 Cookman Ave., Ste. 300
Asbury Park, NJ 07712
Phone: (732) 695-3282
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
GALDERMA LABORATORIES: Williams Sues Over Sale of Unsafe Acne Cream
-------------------------------------------------------------------
SKYLAR WILLIAMS, individually and on behalf of all others similarly
situated, Plaintiff v. GALDERMA LABORATORIES, L.P., Defendant, Case
No. 1:24-cv-02222 (N.D. Ill., March 18, 2024) arises from
Defendant's manufacturing, distribution, advertising, marketing and
sale of Differin brand acne cream products that contain the active
ingredient benzoyl peroxide, which degrades over time, directly
into benzene, a carcinogenic impurity that has been linked to
leukemia and other cancers.
The presence of benzene in these acne cream products renders them
adulterated and misbranded, and therefore illegal to sell under
both federal and state law. As a result, these products are unsafe
and illegal to sell under federal law, and therefore worthless.
Although Defendant lists both active and inactive ingredients on
the products' labels, benzene is not among those ingredients
listed. Thus, Defendant misrepresents that these products do not
contain benzene, or otherwise Defendant fails to disclose that the
Products contain benzene, says the suit.
Headquartered in Dallas, TX, Galderma Laboratories, L.P. is a Texas
limited partnership that markets, distributes, and sells acne brand
cream products. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
Russell M. Busch, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
rbusch@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Telephone: (630) 796-0903
E-mail: hbryson@milberg.com
- and -
Luis Cardona, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
1311 Ponce de Leon Avenue
San Juan, PR 00907
Telephone: (516) 862-0194 Ext 5861.
E-mail: lcardona@milberg.com
- and -
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
GATE CITY BANK: Churlik Appeals Case Dismissal to 8th Circuit
-------------------------------------------------------------
TRACILEE CHURLIK is taking an appeal from a court order dismissing
her lawsuit entitled Tracilee Churlik, individually and on behalf
of all others similarly situated, Plaintiff, v. Gate City Bank,
Defendant, Case No. 0:23-cv-00637-WMW, in the U.S. District Court
for the District of Minnesota.
The lawsuit, which was removed from the Morrison County to the U.S.
District Court for the District of Minnesota, is brought against
the Defendant for (1) breach of contract, including breach of the
implied covenant of good faith and fair dealing; (2) unjust
enrichment; and (3) violations of the Minnesota Consumer Fraud Act
(MCFA).
On July 19, 2023, the Defendant filed a motion to dismiss for
failure to state a claim, which the Court granted through an Order
entered by Judge Wilhelmina M. Wright on Feb. 6, 2024. The Court
found no ambiguity as to the plain meaning of the Account
Agreement's terms. Because the contract claim fails, the
Plaintiff's claims for breach of implied covenant of good faith and
fair dealing, unjust enrichment, and violations of the MCFA also
fail.
The appellate case is captioned Tracilee Churlik v. Gate City Bank,
Case No. 24-1495, in the United States Court of Appeals for the
Eighth Circuit, filed on March 11, 2024.
The briefing schedule in the Appellate Case states that:
-- Transcript is due on or before April 22, 2024;
-- Appendix is due on April 30, 2024;
-- Appellant Tracilee Churlik's brief is due on April 30, 2024;
and
-- Appellee brief is due 30 days from the date the court issues
the Notice of Docket Activity filing the brief of appellant. [BN]
Plaintiff-Appellant TRACILEE CHURLIK, individually and on behalf of
all others similarly situated, is represented by:
Kate M. Baxter-Kauf, Esq.
Karen Riebel, Esq.
LOCKRIDGE & GRINDAL
100 Washington Avenue, S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
- and -
Christopher Duran Jennings, Esq.
JENNINGS, PLLC
P.O. Box 25972
Little Rock, AR 72221
Telephone: (501) 247-6267
- and -
James Gerard Stranch, IV, Esq.
STRANCH & JENNINGS
Suite 200, Freedom Building
223 Rosa L. Parks Avenue
Nashville, TN 37203
Telephone: (615) 254-8801
- and -
Lynn A. Toops, Esq.
COHEN & MALAD
One Indian Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Defendant-Appellee GATE CITY BANK is represented by:
Bradley R. Bultman, Esq.
LARSON & KING
30 E. Seventh Street, Suite 2800
Saint Paul, MN 55101
Telephone: (651) 312-6500
- and -
Sarah N. Davis, Esq.
James R. McGuire, Esq.
ORRICK & HERRINGTON
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 619-3421
(415) 619-3415
- and -
Lauren L. Erker, Esq.
ORRICK & HERRINGTON
777 S. Figueroa Street, Suite 3200
Los Angeles, CA 91344
Telephone: (310) 424-3916
GEICO: Seeks to File Class Cert Opposition Under Seal
-----------------------------------------------------
In the class action lawsuit captioned as MAO-MSO RECOVERY II, LLC,
SERIES PMPI, et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et
al., Case No. 8:17-cv-00964-TDC (D. Md.), the Defendants request
that the Court grant their motion and allow them to file the
opposition under seal with a redacted version of the opposition to
be filed at a later date.
The Defendants contend that they have met and conferred with the
Plaintiffs, and the Plaintiffs do not object to (1) sealing the
unredacted copy of the Opposition that has been filed; and (2)
filing a publicly available version of the Opposition with
confidential information redacted. However, because the Opposition
contains information that both sides have designated as
confidential under the Protective Order, the parties will need to
meet and confer as to which portions of the Opposition can be made
public once Plaintiffs have had an opportunity to review the
Opposition.
On March 19, 2018, the Court entered a Protective Order governing
the designation and use of confidential information exchanged in
the litigation.
Government Employees Insurance is a private American auto insurance
company headquartered in Chevy Chase, Maryland.
A copy of the Defendants' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=lBWQBl at no extra
charge.[CC]
The Defendants are represented by:
Laura A. Cellucci, Esq.
Joseph L. Beavers, Esq.
Michael L. Haslup, Esq.
Alexander P. Creticos, Esq.
MILES & STOCKBRIDGE P.C.
100 Light Street
Baltimore, MD 21202
Telephone: (410) 727-6464
E-mail: lcellucci@milesstockbridge.com
jbeavers@milesstockbridge.com
mhaslup@milesstockbridge.com
acreticos@milesstockbridge.com
GEN DIGITAL INC: Cordon Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Francisco Cordon, on behalf of himself and all
other similarly situated v. Gen Digital, Inc. erroneously sued as
Norton Lifelock Inc., Does 1-20, Case No. 24STCV04070 was removed
from the Los Angeles Superior Court, to the U.S. District Court for
the Central District of California on March 25, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02434-RGK-MAA to
the proceeding.
The nature of suit is stated as Other Contract for Contract
Default.
Gen Digital Inc. -- https://www.gendigital.com/ -- is a
multinational software company co-headquartered in Tempe, Arizona
and Prague, Czech Republic.[BN]
The Plaintiff is represented by:
John K. Ly, Esq.
LIANG LY LLP
601 South Figueroa Street Suite 1950
Los Angeles, CA 90017
Phone: (213) 262-8000
Fax: (213) 335-7776
Email: jly@lianglyllp.com
The Defendant is represented by:
Artin Betpera, Esq.
Adeline Tungate, Esq.
BUCHALTER, A PROFESSIONAL CORPORATION
18400 Von Karman Avenue Suite 800
Irvine, CA 92612
Phone: (949) 760-1121
Fax: (949) 720-0182
Email: abetpera@buchalter.com
atungate@buchalter.com
GERSON LEHRMAN: Hansen Files Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Gerson Lehrman Group,
Inc. The case is styled as Wesley Hansen, on behalf of himself and
all others similarly situated v. Gerson Lehrman Group, Inc., Case
No. 1:24-cv-02194 (S.D.N.Y., March 22, 2024).
The nature of suit is stated as Other Personal Property for
Personal Injury.
Gerson Lehrman Group, Inc. (GLG) -- http://glginsights.com/-- is a
financial and global information services company headquartered in
New York City.[BN]
The Plaintiff is represented by:
Mason Adams Barney, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Email: mbarney@sirillp.com
GERSON LEHRMAN: Whelan Sues Over Cyberattack and Data Breach
------------------------------------------------------------
Frederick F. Whelan, Jr. Douglas R. Emerick, and Jason Albert, on
behalf of themselves individually and on behalf of all others
similarly situated v. GERSON LEHRMAN GROUP, INC., Case
1:24-cv-02202 (S.D.N.Y., March 25, 2024), is brought arising from a
recent cyberattack resulting in a data breach of sensitive
information in the possession and custody and/or control of
Defendant (the "Data Breach").
The Data Breach resulted in the unauthorized disclosure,
exfiltration, and theft of consumers’ highly personal
information, including names and Social Security numbers,
("personal identifying information" or "PII"). GLG Data Breach not
only affects current and former employees and job applicants, but
also affects consumers who had no direct employment or client
relationship with GLG, never sought one, and never consented to GLG
collecting and storing their information.
On information and belief, the Data Breach occurred on November 12,
2023. However, GLG did not become aware of suspicious activity on
its network until February 5, 2024, an appalling 85 days after the
Data Breach had first begun. On March 12, 2024, GLG finally
notified state Attorneys General and many putative Class Members
about the widespread Data Breach ("Notice Letter").
GLG waited over a month after discovering the Data Breach before
informing Class Members, even though Plaintiffs and a staggering
152,621 Class Members had their most sensitive personal information
accessed, exfiltrated, and stolen, causing them to suffer
ascertainable losses in the form of the loss of the benefit of
their bargain and the value of their time reasonably incurred to
remedy or mitigate the effects of the attack.
The Defendant’s failure to timely detect and report the Data
Breach made its employees, applicants, and consumers vulnerable to
identity theft without any warnings to monitor their financial
accounts or credit reports to prevent unauthorized use of their
PII. Defendant knew or should have known that each victim of the
Data Breach deserved prompt and efficient notice of the Data Breach
and assistance in mitigating the effects of PII misuse. In failing
to adequately protect Plaintiffs’ and the Class’s PII, failing
to adequately notify them about the breach, and by obfuscating the
nature of the breach, Defendant violated state and federal law and
harmed an unknown number of its current and former employees,
applicants and consumers, says the complaint.
The Plaintiffs are Data Breach victims.
GLG touts itself to be the "world’s largest insight network" and
works with "thousands of clients, companies, and experts to develop
the world’s most robust compliance framework for primary
research."[BN]
The Plaintiff is represented by:
James Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
raina@turkestrauss.com
GLOBALTRANZ ENTERPRISES: Melin Seeks Overtime Pay Under FLSA
------------------------------------------------------------
David Melin v. GlobalTranz Enterprises LLC, and WWEX Franchise
Holdings, LLC, Case No. 2:24-cv-00610-JZB (D. Ariz., March 20,
2024) is a class action accusing the Defendants of violating the
overtime provisions of the Fair Labor Standards Act.
The Plaintiff worked for Defendants as a "salaried" carrier sales
representative from July 8, 2022 to June 28, 2023. He alleges that
Defendants failed to compensate him and other similarly situated
employees for all overtime hours worked despite consistently
working more than 40 hours per week, in violation of the FLSA.
Headquartered in Dallas, TX, GlobalTranz Enterprises LLC provides
technology-driven logistics services & supply chain management
solutions. [BN]
The Plaintiff is represented by:
Nicholas J. Enoch, Esq.
Clara S. Bustamante, Esq.
Margot Veranes, Esq.
LUBIN & ENOCH, P.C.
349 North Fourth Avenue
Phoenix, AZ 85003-1505
Telephone: (602) 234-0008
Facsimile: (602) 626-3586
E-mail: nick@lubinandenoch.com
clara@lubinandenoch.com
margot@lubinandenoch.com
GRBAC ENTERPRISES: Faces Garcia and Raftery Wage & Hour Suit
------------------------------------------------------------
MADELINE GARCIA and DANIELLE RAFTERY v. GRBAC ENTERPRISES LLC aka
THE CLEANING AUTHORITY OF SOLON and ELVIS GRBAC, Case No.
1:24-cv-00509 (N.D. Ohio, March 19, 2024) is a class action seeking
unpaid minimum and overtime wages under the Fair Labor Standards
Act.
The Plaintiffs worked for Defendants within the last three years,
performing cleaning or maid duties in various households throughout
Northeast Ohio. The Plaintiffs allege that over the past three
years, Defendants have engaged in practices and policies of not
paying Plaintiffs and similarly situated employees for all time for
which they were on the clock, not paying them for
off-the-clock-work, and failing to pay overtime wages for all work
performed more than 40 hours per week, in violation of the FLSA and
the Ohio Revised Code.
GRBAC ENTERPRISES LLC offers house cleaning services and is
headquartered in Ohio. [BN]
The Plaintiffs are represented by:
Stephan I. Voudris, Esq.
VOUDRIS LAW LLC
8401 Chagrin Road, Suite 8
Chagrin Falls, OH 44023
Telephone: (440) 543-0670
Facsimile: (440) 543-0721
E-mail: svoudrislaw.com
csams@voudrislaw.com
GREAT AMERICAN: Freeman Sues Over Unpaid Wages, Illegal Tip Credit
------------------------------------------------------------------
MARY FREEMAN, on behalf of herself and all others similarly
situated v. THE GREAT AMERICAN DREAM, INC. d/b/a PIN UPS,
SLICKVIC'S LLC d/b/a SLICK VIC ENTERTAINMENT, ASHLEY FOWLER and
VICTOR DAVIDSON, individually, Case No. 1:24-cv-01198-TWT (N.D.
Ga., March 19, 2024) accuses the Defendants of violating the Fair
Labor Standards Act.
The Plaintiff worked for Defendants as a dancer at Pin Ups for
approximately 20 years until her termination in November 2023. The
Defendants allegedly failed to properly compensate Plaintiff and
similarly situated employees and failed to allow Plaintiff and
other dancers to retain all of their tips.
In the last three years, the Plaintiff was compensated solely
through customer tips and was not paid minimum wage or overtime by
Defendants. Further, Defendants misappropriated and retained a
portion of Plaintiff's tips without providing Plaintiff with a tip
credit notice. The Defendants also failed to keep records of the
weekly or monthly amounts of tips received by Plaintiff and other
dancers nor the time they worked at Pin Ups, says the suit.
The Great American Dream, Inc. is engaged in the adult
entertainment business and operates under the name "Pin Ups"
located in Decatur, GA. [BN]
The Plaintiff is represented by:
Beth A. Moeller, Esq.
MOELLER BARBAREE LLP
1175 Peachtree Street NE, Suite 1850
Atlanta, GA 30361
Telephone: (404) 748-9122
E-mail: bmoeller@moellerbarbaree.com
- and -
Justin M. Scott, Esq.
Jake Knanishu, Esq..
RADFOR SCOTT LLP
160 Clairemont Avenue, Suite 610
Decatur, GA 30030
Telephone: (404) 400-3600
Facsimile: (478) 575-2590
E-mail: jscott@radfordscott.com
jknanishu@radfordscott.com
GREENSBORO COLLEGE: Hedgecock Seeks Damages Over Data Breach
------------------------------------------------------------
ABIGAIL HEDGECOCK, individually and on behalf of all others
similarly situated v. GREENSBORO COLLEGE, Case No. 1:24-cv-00243
(M.D.N.C., March 19, 2024) accuses the Defendant of failing to
protect Plaintiff's private information, resulting in a data
breach.
This action arises from a ransomware attack that hit Defendant's
computer system wherein Plaintiff's private information was
illegally accessed and exfiltrated by cyberthieves. The Defendant
first became aware of the data breach on or around August 2023 but
only notified the affected individuals approximately six months
later on or around February 29, 2024.
The Plaintiff alleges that the data breach was a direct result of
Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to safeguard
Plaintiff's and Class member's private information. As a result of
the data breach, Plaintiff and Class members suffered injury and
ascertainable losses and face the present and imminent threat of
fraud and identity theft. Plaintiff accuses Defendant of
negligence, negligence per se, breach of implied contract, and
unjust enrichment.
Greensboro College is a liberal arts college located in Greensboro,
NC. [BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5003
E-mail: sharris@milberg.com
- and -
Bryan L. Bleichner, Esq.
Philip Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
GREENSBORO COLLEGE: Stewart Sues Over Private Data Breach
---------------------------------------------------------
ALBERTA STEWART, on behalf of herself and all others similarly
situated, Plaintiff v. GREENSBORO COLLEGE, INC., Defendant, Case
No. 1:24-cv-00260-WO-LPA (M.D.N.C., March 21, 2024) arises from a
recent cyberattack resulting in a data breach of sensitive
information in the possession and custody and/or control of
Defendant and asserts claims for negligence, negligence per se,
breach of contract, unjust enrichment, and for violations of the
North Carolina Unfair Trade Practices Act.
The said data breach occurred on August 10, 2023. However,
Greensboro did not become aware of suspicious activity on its
network until August 17, 2023, and cybercriminals had unfettered
access to its network system until August 21, 2023. On February 29,
2024 -- or over six months after the data breach was discovered --
Greensboro finally began notifying the data breach victims. As a
result, Defendant's failure to timely detect and report the data
breach made the victims vulnerable to identity theft without any
warnings to monitor their financial accounts or credit reports to
prevent unauthorized use of their personally identifiable
information, says the suit.
Greensboro College is a private liberal arts college located in
Greensboro, NC. It employs 45 full-time faculty who teach 38 majors
and more than 1,000 different courses. [BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5003
E-mail: sharris@milberg.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@turkestrauss.com
raina@turkestrauss.com
GREENVINE INSURANCE: Ramsay Files TCPA Suit in N.D. Georgia
-----------------------------------------------------------
A class action lawsuit has been filed against Greenvine Insurance
LLC. The case is styled as Twanya Ramsay, individually and on
behalf of all others similarly situated v. Greenvine Insurance LLC,
Case No. 1:24-cv-01264-JPB (N.D. Ga., March 24, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GreenVine -- https://www.greenvinegrp.com/ -- is a dedicated
holding company with expertise in investment and business
acquisition, propelling enterprises towards their next phase of
growth.[BN]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
- and -
Steven Howard Koval, Esq.
THE KOVAL FIRM, LLC
Building 15, Suite 120
3575 Piedmont Rd.
Atlanta, GA 30305
Phone: (404) 513-6651
Fax: (404) 549-4654
Email: Steve@KovalFirm.com
GROUND EFFECTS: Fails to Pay Proper Wages, Jordan Suit Alleges
--------------------------------------------------------------
TALMESHIA JORDAN, individually and on behalf of all others
similarly situated, Plaintiff v. GROUND EFFECTS LLC, a Delaware
limited liability company, Defendant, Case No.
2:24-cv-10727-SDK-EAS (E.D. Mich., March 21, 2024) seeks to recover
unpaid wages, liquidated damages, interest, attorney's fees, costs,
and other relief as appropriate under the Fair Labor Standards Act
and the common law claim of unjust enrichment.
The Plaintiff was employed to work on the manufacturing of truck
beds which required the use of specific tools, including drills and
glue. Defendant required Plaintiff to wear company-issued
protective clothing during her work shifts for her safety. The
Defendant, however, did not pay him for the time she spent each day
in donning and doffing the personal protective equipment and
prepping her tools and cleaning her station before and after her
work shifts, says the Plaintiff.
Ground Effects LLC is a Delaware limited liability company that
manufactures automotive products and provides solutions for
OEM-level vehicle accessorization in a production environment.
[BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
Kathryn E. Milz, Esq.
SOMMERS SCHWARTZ, P.C.
1 Towne Sq., 17th Floor
Southfield, MI 48375
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
kmilz@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
GUNDERSEN LUTHERAN: Appeals Remand Order in Doe Suit to 7th Cir.
----------------------------------------------------------------
GUNDERSEN LUTHERAN HEALTH SYSTEM, INC. is taking an appeal from a
court order remanding the lawsuit entitled John Doe, individually
and on behalf of all others similarly situated, Plaintiff, v.
Gundersen Lutheran Health System, Inc., Defendant, Case No.
3:23-cv-00694-wmc, pending in the U.S. District Court for the
Western District of Wisconsin.
In this putative class action, Plaintiff John Doe claims that
Defendants Gundersen Lutheran Health System, Inc., as well as Does
1-20, allowed the use of tracking technologies in Gundersen's
patient portal website to transmit personally identifiable
information and protected health information to third parties
without patients' consent in violation of their statutory and
common law medical privacy rights.
The Plaintiff originally filed this action in the Circuit Court of
La Crosse County on Sept. 7, 2023, but Gundersen removed it to
federal district court under 28 U.S.C. Section 1442(a)(1), commonly
referred to as the "federal officer removal statute."
On Nov. 6, 2023, the Plaintiff filed a motion to remand the case to
state court, which the Court granted through an Order entered by
District Judge William M. Conley on Feb. 8, 2024.
The Court finds that because Gundersen has failed to show that it
was "acting under" the government, it has thus failed to show all
four requirements for removal under 28 U.S.C. Sec. 1442(a)(1);
removal is not appropriate under that statute. Accordingly, the
court granted the Plaintiff's motion and remanded the case to state
court.
The appellate case is captioned Doe v. Gundersen Lutheran Health
System, Inc., Case No. 24-1378, in the United States Court of
Appeals for the Seventh Circuit, filed on March 12, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant Gundersen Lutheran Health System, Inc.'s docketing
statement was due on March 18, 2024;
-- Transcript information sheet was due on March 26, 2024; and
-- Appellant Gundersen Lutheran Health System, Inc.'s brief is
due on or before April 22, 2024. [BN]
Plaintiff-Appellee JOHN DOE, individually and on behalf of all
others similarly situated, is represented by:
Nicole Ramirez Jones, Esq.
KIESEL LAW LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211
Telephone: (310) 854-4444
- and -
Samuel J. Strauss, Esq.
TURKE & STRAUSS, LLP
613 Williamson Street
Madison, WI 53703
Telephone: (608) 237-1775
Defendant-Appellant GUNDERSEN LUTHERAN HEALTH SYSTEM, INC. is
represented by:
Kendall W. Harrison, Esq.
GODFREY & KAHN S.C.
One E. Main Street
P.O. Box 2719
Madison, WI 53703
Telephone: (608) 284-2627
- and -
Amy Lynn Lenz, Esq.
BAKER & HOSTETLER LLP
One N. Wacker Drive
Chicago, IL 60606
Telephone: (312) 416-6200
HB USA HOLDINGS: Thorne Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Braulio Thorne, on behalf of himself and all other persons
similarly situated, v. HB USA HOLDINGS, INC., Case No.
1:24-cv-02239-PAE (S.D.N.Y., March 25, 2024), is brought against
the Defendant for its failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant’s denial of full and equal access to its website,
and therefore denial of its products and services offered thereby,
is a violation of Plaintiff’s rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://hudabeauty.com/us/en, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant’s
website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant’s corporate policies,
practices, and procedures so that Defendant’s website will become
and remain accessible to blind and visually-impaired consumers. By
failing to make its Website available in a manner compatible with
computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services—all benefits it affords nondisabled
individuals thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
HB USA HOLDINGS, INC., operates the Huda Beauty online retail
store, as well as the Huda Beauty interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Phone: 212.228.9795
Fax: 212.982.6284
Email: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
HEALTHCARE SOLUTIONS: UHG Files Bid to Quash Subpoena
-----------------------------------------------------
The case captioned as Adam Ailion, individually and on behalf of a
class of all others similarly situated v. Healthcare Solutions
Team, LLC, Case No. 21-cv-6231 was motioned to squash from the
United States District Court for the Northern District of Illinois,
to the United States District Court for the District of Minnesota
on March 22, 2024, and assigned Case No. 0:24-mc-00017-DJF.
Pursuant to Federal Rules of Civil Procedure 26 and 45 and other
applicable legal authority, non-party UnitedHealth Group
Incorporated ("UHG") hereby moves the Court for an order granting
its Motion to Quash Plaintiff's Subpoena in Ailion v. Healthcare
Solutions Team, LLC, Case No. 21-cv-6231, pending in the Northern
District of Illinois, awarding UHG its reasonable attorneys' fees
and costs incurred in connection with the Subpoena and this Motion,
and granting any other relief the Court deems just and
appropriate..[BN]
The Defendants are represented by:
Jaime Stilson, Esq.
DORSEY & WHITNEY LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
Phone: (612) 340-2600
Facsimile: (612) 340-2868
Email: stilson.jaime@dorsey.com
- and -
Jeffrey A. Backman, Esq.
Roy Taub, Esq.
GREENSPOON MARDER LLP
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, FL 33301
Phone: 954.491.1120
Email: jeffrey.backman@gmlaw.com
roy.taub@gmlaw.com
HEALTHINSURANCE.COM: Santana Sues Over WARN Act Violation
---------------------------------------------------------
Jessica Santana, on behalf of herself and all others similarly
situated v. HEALTHINSURANCE.COM, LLC, Case No. 8:24-cv-00750 (M.D.
Fla., March 25, 2024), is brought against Defendant for violation
of the Worker Adjustment and Retraining Notification Act (the "WARN
Act") as a result of the Defendants failure to provide 60 days
advance written notice and pay their wages and benefits for 60
days.
The Plaintiffs were employees of Defendant who were terminated
without cause on their part on or about February 22, 2024, or
within 30 days thereof, as part of or as the reasonably expected
consequence of a mass layoff or plant closing, which was
effectuated by Defendant on or about that date. The Defendant
failed to provide Plaintiffs with the 60 days advance written
notice that is required by the WARN Act. In fact, Defendant
provided Plaintiffs with 0 days of advance notice, says the
complaint.
The Plaintiff was an employee of the Defendant.
The Defendant was a Florida limited liability company with its main
office in Tampa, Florida.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Phone: (813) 337-7992
Fax: (813) 229-8712
Email: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
gdesane@wfclaw.com
HEALTHTRUST WORKFORCE: Gaskin Sues Over Discrimination, Retaliation
-------------------------------------------------------------------
YOLANDA GASKIN, and other similarly situated individuals v.
HEALTHTRUST WORKFORCE SOLUTIONS, Case No. 0:24-cv-60431 (S.D. Fla.,
March 19, 2024) seeks damages for Defendant's alleged violations of
the Civil Rights Act, the Americans with Disabilities Act, and the
Florida Civil Rights Act of 1992.
The Plaintiff, a professional Black, African American, disabled
woman, was employed by Defendant as a Senior Program Manager from
March 12, 2017, until her wrongful termination on March 30, 2023.
The Plaintiff alleges that during her employment with Defendant,
she was subjected to race, color, and disability/handicap
discrimination, and retaliation.
Based in Broward County, FL, HealthTrust Workforce Solutions is the
largest healthcare managed services provider in the U.S. [BN]
The Plaintiff is represented by:
Tanesha W. Blye, Esq.
LAW OFFICES OF T. WALLS BLYE, PLLC
66 West Flagler Street, Ste. 900
Miami, FL 33130
Telephone: (305) 482-1475
Assistant Phone: (305) 209-5779
Secondary Phone: (786) 796-1814
E-mail: tanesha@legalopinionusa.com
- and –
R. Martin Saenz, Esq.
THE SAENZ LAW FIRM, PA
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 482-1475
E-mail: martin@legalopinionusa.com
HELPING HANDS: Jordan Brings Claim for Labor Law Violations
-----------------------------------------------------------
TRACIE JORDAN, on behalf of herself and others similarly situated
v. HELPING HANDS HOME CARE OF COLUMBUS LLC, CONTINENTAL HOME HEALTH
CARE INC., 1 AMAZING HOME HEALTH CARE LLC, MOHAMED HUSSIEN, and
MOHAMED AHMED, Case No. 2:24-cv-01289-SDM-CMV (S.D. Ohio, March 20,
2024) accuses the Defendants of violating the Fair Labor Standards
Act (FLSA) and Ohio labor laws.
The Plaintiff worked as a home health aide for Defendants,
providing companionship services, domestic services, home care, and
other in-home services to Defendants' clients. The Plaintiff
regularly worked more than 40 hours per week but Defendants failed
to pay her one-and-one-half times her regular rate of pay for all
overtime hours worked. The Defendants therefore failed to
compensate Plaintiff and similarly situated employees overtime pay
for all overtime hours worked as required by law.
Further, Defendants did not compensate Plaintiff and other
similarly situated employees travel time, including time spent
traveling between clients. The Defendants also failed to provide
Plaintiff with her last paycheck after termination, resulting in
unpaid minimum wages, says the suit.
Helping Hands Home Care of Columbus LLC provides home health care
services and is based in Columbus, OH. [BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Kelsie N. Hendren, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd Suite #126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
khendren@mcoffmanlegal.com
takers@mcoffmanlegal.com
HILCO REDEVELOPMENT: April 11 Deadline Set for Claims Filing
------------------------------------------------------------
Heather Cherone, writing for wttw.com, reports that Chicagoans
enveloped in the dust that blanketed much of Little Village in the
early morning hours of April 11, 2020, after the botched implosion
of the smokestack at the Crawford Power Plant face a deadline to
submit a claim for a portion of a $12.25 million class action
lawsuit.
Edith Tovar, of the Little Village Environmental Justice
Organization, said her organization expects approximately 130,000
people submit a claim for damages. Many who turned to the community
group for help submitting their claims said they and their families
had been plagued by respiratory illnesses since the implosion,
Tovar added.
"It was difficult to listen to these stories," Tovar said.
Many of those who have their claims approved will likely get no
more than $500, according to the lawyers who brought the suit on
behalf of those who live and work in Little Village between 33rd
Street and Kedzie Avenue west to Kilbourn Avenue, north to Cermak
Road, east to Ogden Avenue, northeast to California Avenue, south
to 26th Street, west to Sacramento Avenue, south to 31st Street,
west to Kedzie Avenue, and south to 33rd Street.
"That's such a low amount of money compared to the lasting impact
of the implosion," Tovar said.
Claims can be filed online at littlevillagesmokestack.com.
When demolition crews used explosives to bring down the smokestack
at the defunct coal power plant, near 33rd Street and Pulaski Road,
a plume of dust coated six blocks of homes in Little Village just
as the COVID-19 pandemic was beginning to slam Chicago.
City officials with the Department of Buildings should have
required the firms doing the work to get a new permit that allowed
them to use explosives, according to a confidential report by the
city's watchdog obtained by WTTW News.
In addition, city health officials were warned 213 days before the
demolition that the "dust from an event like this is almost
cataclysmic," according to the watchdog's probe. Fifty-one days
before the demolition, health officials were told that dust would
be "an unpreventable byproduct" of the operation, according to the
report.
Former Mayor Lori Lightfoot rejected former Inspector General
Joseph Ferguson's recommendation to fire Dave Graham, who was then
an assistant commissioner in the Chicago Department of Public
Health.
In October 2023, under Mayor Brandon Johnson, Graham was promoted
to director of environmental health and safety compliance for the
department. Graham is responsible for managing the health
department's environmental inspections and enforcement.
Lightfoot also rejected Ferguson's recommendation to discipline
Marlene Hopkins, who was the top official from the city's Buildings
Department charged with overseeing the implosion of the smokestack
at the former Crawford Power Plant in Little Village.
Johnson nominated Hopkins to lead the Buildings Department earlier
March. She must be confirmed by the Chicago City Council.
It has been difficult for people who endured the botched implosion
to see the people who greenlighted it be promoted, Tovar said.
"It is disrespectful," Tovar said. "We have never had a chance to
heal. April 11 was an environmental disaster that could have been
prevented."
Three firms involved in the implosion of the smokestack at the
former Crawford Power Plant paid $370,000 to settle a lawsuit filed
by Illinois Attorney General Kwame Raoul. In addition, city
officials hit Hilco and two other firms involved in the implosion
with 16 citations, which officials told the news media came with
$68,000 in fines.
Hilco paid $19,500 to resolve five citations, according to city
records.
Two other firms -- MCM Management and Controlled Demolition Inc. --
each paid an additional $17,000 to resolve citations related to the
implosion.
The renewed focus on the implosion comes just a few weeks before
the fourth anniversary of the implosion. The Little Village
Environmental Justice Organization is planning several events,
including a community altar, Tovar said.
The implosion prompted the Chicago City Council to adopt new laws
and regulations on its books designed to improve the quality of air
on Chicago's South and West sides, which is significantly more
polluted than the air in wealthier neighborhoods, data shows.
However, Johnson has yet to fulfill his campaign promise to ask the
City Council to approve what he calls the Cumulative Impact
Assessment Ordinance, which would allow the city to take into
account the amount of existing air, water and soil pollution in a
community -- not just what the proposed project is expected to add
if it is approved -- when considering allowing additional polluting
industries.
Johnson campaigned on a platform that promised to put an end to
what he called "literal sacrifice zones" -- neighborhoods home to
Black and Latino Chicagoans where industrial firms are allowed to
pollute the air, water and soil with impunity, making residents
sick and degrading their quality of life.
That ordinance will be based on an assessment the city was ordered
to complete under the terms of an agreement reached by former Mayor
Lori Lightfoot with the U.S. Department of Housing and Urban
Development. That agreement required the city to stop allowing
industrial businesses to continue to pollute the already dirty air,
water and soil on Chicago's South and West sides.
Ald. Maria Hadden (49th Ward), the chair of the Environmental
Protection and Energy Committee, said she hoped to advance the
measure sometime this summer. [GN]
HOME DEPOT: Liu Suit Seeks Class Settlement Prelim. Approval
------------------------------------------------------------
In the class action lawsuit captioned as TRACEY LIU and KRISTIE
RUDHAM, each individually and on behalf of all others similarly
situated, v. HOME DEPOT U.S.A., INC., Case No. 2:23-cv-01217-JLR
(W.D. Wash.), the Plaintiffs move this Court for entry of an
order:
1. Granting preliminary approval of the proposed class action
settlement set forth in the Settlement Agreement, attached as
Exhibit 1;
2. Preliminarily certifying, for settlement purposes only, a
settlement class that is comprised of:
"All persons who, while in the state of California,
purchased
one or more products advertised as being subject to a
purported
discount on the Defendant's websites Blinds.com,
JustBlinds.com,
and AmericanBlinds.com from Jan. 26, 2020, to Dec. 5, 2023
("California Settlement Subclass"); and
"All persons who, while in the State of Washington, purchased
one or more products advertised as being subject to a
purported
discount on the Defendant's websites Blinds.com,
JustBlinds.com,
and AmericanBlinds.com from Aug. 9, 2019, to Dec. 5, 2023
("Washington Settlement Subclass")."
3. Preliminarily appointing the Plaintiffs Tracey Liu and
Kristie
Rudham as Class Representatives for settlement purposes;
4. Preliminarily appointing Dovel & Luner, LLP as Class
Counsel;
5. Preliminarily finding that the terms of the Settlement are
fair,
reasonable and adequate, and comply with Rule 23(e) of the
Federal Rules of Civil Procedure; and
6. Approving that the proposed Notice Plan complies with the
requirements of Rule 23 and due process, and that the Notice
is
to be sent to the Settlement Class Members as set forth in
the
Settlement Agreement and pursuant to the deadlines in the
Agreement.
The Plaintiffs allege that when they made their purchases, the
Defendant's website was advertising limited-time, percent-off
discounts. But, the Plaintiffs allege, the Defendant "always offers
discounts off the list prices it advertises," and, as a result,
"the Products are never sold at the purported regular prices, and
the sales are not limited in time." So, Plaintiffs allege, the
Defendant's advertised discounts were not real discounts, and were
instead false and misleading.
The Plaintiffs both purchased window coverings from the Defendant
for use in their homes.
The Defendant sells custom blinds and shades through its websites,
Blinds.com, AmericanBlinds.com, and JustBlinds.com.
A copy of the Plaintiffs' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=7pJuCz at no extra
charge.[CC]
The Plaintiffs are represented by:
Simon C. Franzini, Esq.
Grace Bennett, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: simon@dovel.com
grace@dovel.com
- and -
Wright A. Noel, Esq.
CARSON & NOEL, PLLC
20 Sixth Ave. NE
Issaquah WA 98027
Telephone: (425) 395-7786
Facsimile: (425) 837-5396
E-mail: wright@carsonnoel.com
HOMESITE INSURANCE: Kuffel Sues Over Debt Collection Practices
--------------------------------------------------------------
CHRISTEN KUFFEL, individually and on behalf of all others similarly
situated, Plaintiff v. HOMESITE INSURANCE COMPANY, Defendant, Case
No. 24-001220-CI (Fla. Cir., Pinellas Cty., March 15, 2024) seeks
to stop the Defendant's unfair and unconscionable means to collect
a debt.
HOMESITE INSURANCE COMPANY operates as an insurance services. The
Company offers homeowners, renters, life, business, and flood
insurance products and 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
HONDA MOTOR: Class Cert Bid Filing in Spencer Extended to June 28
-----------------------------------------------------------------
In the class action lawsuit captioned as Spencer v. Honda Motor
Corp., Ltd. et al., Case No. 2:21-cv-00988 (E.D. Cal., Filed June
2, 2021), the Hon. Judge Troy L. Nunley entered an order extending
the deadline for the Plaintiff to file his motion for class
certification to June 28, 2024.
The nature of suit states contract product liability.
Honda is a Japanese manufacturer of motorcycles and a major
producer of automobiles.[CC]
HOWI INC: Liz Files ADA Suit in S.D. New York
---------------------------------------------
A class action lawsuit has been filed against Howi, Inc. The case
is styled as Pedro Liz, on behalf of himself and all others
similarly situated v. Howi, Inc., Case No. 1:24-cv-02185 (S.D.N.Y.,
March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Howi Inc. distributes, retails and wholesales the Parker Safety
Razor, Taconic Shave, and other leading brands of men's grooming
products.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
ICEBERG LEARNING WEST: Walz Sues Over Unpaid Overtime Wages
-----------------------------------------------------------
Kathleen Walz, on behalf of herself and all others similarly
situated v. ICEBERG LEARNING WEST LLC d/b/a LILY POND COUNTRY DAY
SCHOOL, DAY ROSENBERG, EDWARD IMPERIOSI, CHRISTINE IMPERIOSI, JOHN
DOES 1 – 5, and ABC CORPS. 1 – 5 (names being fictitious and
previously unknown), Case No. 2:24-cv-04072 (D.N.J., March 21,
2024), is brought arising under the Fair Labor Standards Act of
1938 ("FLSA") and the New Jersey Wage and Hour Law ("NJWHL"), as a
result of the failure of Defendants to pay Plaintiff all earned
wages including overtime.
The Defendants willfully violated the FLSA and the NJWHL by
regularly requiring Plaintiff and other teachers to work more than
40 hours per week without paying an overtime premium, says the
complaint.
The Plaintiff was employed by Defendants as a pre-school teacher
from April 2021 through December 1, 2023.
Lily Pond is a preschool for infant through toddler aged children
that has, upon information and belief, been operating since
1998.[BN]
The Plaintiff is represented by:
Alex A. Pisarevsky, Esq.
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
Park 80 West – Plaza One
250 Pehle Ave., Suite 401
Saddle Brook, NJ 07663
Phone: (201)845-9600
Email: ap@njlawfirm.com
IDS PROPERTY: MSPA Class Suit Remanded to Florida Court
-------------------------------------------------------
In the class action lawsuit captioned as MSPA Claims 1, LLC v. IDS
Property Casualty Insurance Company, Case No. 1:23-cv-24265-BB
(S.D. Fla.), the Hon. Judge Beth Bloom entered an order remanding
case as follows:
1. The Plaintiff's motion to remand is granted. Thes case is
remanded to the Circuit Court for the Eleventh Judicial
Circuit
for Miami-Dade County, Florida;
2. The Defendant's motion to dismiss state court complaint is
denied as moot;
3. The Clerk of Court is directed to close this case; and
4. To the extent not otherwise disposed of, any scheduled
hearings
are canceled, all pending motions are denied as moot, and all
deadlines are terminated.
The Court concludes that, while remand is appropriate, the
Defendant's basis for removal is not objectively unreasonable such
that an award of attorney's fees is justified. The Defendant relied
on Plaintiff's Demand Letter and pointed to the attorney's fees
likely accrued in this action and in MSPA Claims.
The court granted Plaintiff's motion for class certification, and
certified the following class:
"All non-governmental organizations (including, but not limited
to
MAOs, firsttier and downstream entities, and their assignees,
collectively "Medicare Payers"), that provided Medicare benefits
under Part C in the State of Florida to beneficiaries that were
covered by IDS for No-Fault Benefits, for which IDS under a no-
fault/PIP insurance policy had a primary obligation, and thus,
had
an affirmative duty to: (a) determine whether its insured were
entitled to Medicare benefits under Part C to enable the proper
coordination of benefits; (b) alert Medicare Payers of its
primary
obligation; and (c) prevent Medicare Payers from paying for
accident-related medical items and services for which IDS has a
primary obligation or reimburse them."
The Plaintiff originally filed this action against the Defendant on
Sept. 28, 2023. The Plaintiff's complaint asserts one Count for
statutory bad faith against the Defendant pursuant to Florida
Statutes § 626.9541(1)(i)(3)(a). Plaintiff alleges it is the
current assignee of an assignment originally obtained from Florida
Health Care Plus ("FHCP") to pursue claims against the Defendant
for its failure to fully reimburse FHCP for conditional payments it
made for treatment and services on behalf of a Medicare enrollee
referred to as "M.A."
M.A. was injured in a personal injury accident in January 2014
while enrolled in a "Medicare Advantage plan issued and
administered by FHCP" as well as a "no-fault/PIP policy issued by
Defendant."
IDS offers property and casualty insurance services.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=3QTJKv at no extra
charge.[CC]
IKEA US: Faces Class Suit Over Misrepresented Daybeds' Materials
----------------------------------------------------------------
Abraham Jewett of Top Class Actions reports that a new class action
lawsuit alleges Ikea misrepresents the materials used in the
construction of the company's Hemnes and Brimnes daybeds.
Plaintiff Bo Zhang's class action lawsuit claims Ikea represents
the bed frames as being made of solid wood when they are
constructed with comb, or finger, joints that do not offer the same
structural support as solid wood would.
"As a result of the misrepresentation, owners of the Class Beds
received a product with less structural integrity than they paid
for, and rightly expected," the class action says.
Zhang is seeking to represent a nationwide class and a California
subclass of consumers who are current or former owners and/or
financiers of a Hemnes or Brimnes daybed.
Ikea class action: daybeds misrepresented in floor models,
catalogs, web descriptions
Ikea misrepresents that its Hemnes and Brimnes daybed frames are
made of solid wood via its floor models, catalogs and website
descriptions, the Ikea class action lawsuit alleges.
"Ikea caused to be made or disseminated through California and the
United States, through advertising, marketing, and other
publications, statements that were untrue or misleading," the
daybed materials class action says.
Zhang claims Ikea is guilty of breaching express warranty and
implied warranty of merchantability, as well as violating several
California consumer protection laws.
The plaintiff demands a jury trial and requests injunctive and/or
declaratory relief and an award of monetary and treble damages for
themself and all class members.
In November 2023, Ikea expanded a recall to include an additional
25,100 Lettan mirrors. The recall was initiated over concerns
plastic fittings that attach the mirrors to a wall can break and
cause the mirror to fall.
The plaintiff is represented by Robert Mackey of the Law Offices of
Robert Mackey and Nicholas A. Migliaccio and Jason S. Rathod of
Migliaccio & Rathod LLP.
The daybeds class action lawsuit is Zhang, et al. v. Ikea US Retail
LLC, et al., Case No. 3:24-cv-01641, in the U.S. District Court for
the Northern District of California. [GN]
ILLINOIS TOOL: Settlement Deal in Dufy Suit Gets Final Nod
----------------------------------------------------------
In the class action lawsuit captioned as JOHN DUFFY III,
individually and on behalf of all others similarly situated, v.
ILLINOIS TOOL WORKS, INC., and South/WIN LTD., Case No.
2:15-cv-07407-NGG-SIL (E.D.N.Y.), the Hon. Judge Nicholas Garaufis
entered an order granting the parties' joint motion for final
approval of the Settlement Agreement.
In accordance with the terms of the Settlement Agreement, the
Defendants shall pay $1,859.18 to be distributed to Class Members
who submitted valid claims.
The court reserves judgment on the Plaintiffs incentive award
petition. The Plaintiffs counsel is directed to file evidence, in
the
form of an affidavit or otherwise, reviewing Plaintiffs
participation in the litigation.
The Settlement Class is now finally certified for purposes of
settlement pursuant to Federal Rule of Civil Procedure 23(a) and
(b)(3), and includes:
(a) persons (b) with vehicles (c) that are equipped with
continuity prong windshield washer fluid sensors (d) who
purchased and used Rain-X windshield washer fluid in such
vehicles (e) whose continuity prong windshield washer
sensors
in such vehicles was then repaired or replaced any time
after
Dec. 30, 2012 and before Jan. 1, 2017 (f) if either the
vehicle
was registered in New York (state), the repairs were done in
New York (state), or the Rain-X was purchased in New York
(state).
The Plaintiff commenced this class action against the Defendants,
alleging that the Defendants manufactured and sold Rain-X
windshield washer fluid, which caused damage to his vehicle's
"continuity prong washer sensor," and certain other motor vehicles
equipped with this sensor, requiring repairs between $100 and $200
in cost.
The court preliminarily approved the motion for settlement on Oct.
20, 2023, and held a fairness hearing on March 15, 2024.
Illinois Tool produces engineered fasteners and components,
equipment and consumable systems, and specialty products.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=cGPStv at no extra
charge.[CC]
ILLINOIS: Bid for Class Certification in Kainz Due Dec. 8
---------------------------------------------------------
In the class action lawsuit captioned as Kainz, et al., v. Illinois
Department of Corrections (IDOC), et al., Case No. 1:21-cv-01250
(C.D. Ill., Filed Sept. 8, 2021), the Hon. Judge Joe Billy Mcdade
entered an order on motion for extension of time to complete
discovery as follows:
-- Class Discovery period is extended to: July 29, 2024
-- The deadline for expert discovery Aug. 30 2024
relevant to class certification to:
-- A Motion for class certification is to Dec. 8, 2024
be filed by:
The nature of suit states Employment Discrimination.
ILLUMINA INC: Icahn Brings Appeal to Del. Sup. Ct.
--------------------------------------------------
ICAHN PARTNERS LP, et al. are taking an appeal from two
interlocutory rulings of the Court of Chancery of the State of
Delaware in the lawsuit entitled Icahn Partners LP, et al.,
derivatively on behalf of Illumina, Inc. and individually and on
behalf of all other similarly situated stockholders, Plaintiffs, v.
Francis deSouza, et al., Defendants, Case No. 2023-1045-PAF.
On October 17, 2023, the Plaintiffs filed a complaint against the
Defendants for breach of their fiduciary duties.
The appellate case is captioned Icahn Partners LP, et al.,
Plaintiffs-Appellants v. Francis deSouza, et al.,
Defendants-Appellees, and Illumina, Inc., Nominal
Defendant-Appellee, Case No. 24-107, in the Supreme Court of the
State of Delaware, filed on March 14, 2024. [BN]
Plaintiffs-Appellants ICAHN PARTNERS LP, et al., derivatively on
behalf of Illumina, Inc. and individually and on behalf of all
other similarly situated stockholders, are represented by:
C. Barr Flinn, Esq.
M. Paige Valeski, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
1000 North King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
- and -
Michael A. Hanin, Esq.
Christian T. Becker, Esq.
Andrew L. Schwartz, Esq.
Andrew M. Meerwarth, Esq.
KASOWITZ BENSON TORRES LLP
1633 Broadway
New York, NY 10019
Telephone: (212) 506-1700
Defendants-Appellees FRANCIS DESOUZA, et al. are represented by:
A. Thompson Bayliss, Esq.
Eric A. Veres, Esq.
Michael T. Manuel, Esq.
ABRAMS & BAYLISS LLP
20 Montchanin Road, Suite 200
Wilmington, DE 19807
Telephone: (302) 778-1000
- and -
Peter J. Walsh, Jr., Esq.
Michael A. Pittenger, Esq.
Justin T. Hymes, Esq.
POTTER ANDERSON & CORROON LLP
Hercules Building
1313 North Market Street, 6th Floor
Wilmington, DE 19801
Telephone: (302) 984-6037
INCOMM FINANCIAL: Hearing on Summary Judgment Bid Set for June 10
-----------------------------------------------------------------
In the class action lawsuit captioned as CAROLYN CLARK, et al.; v.
INCOMM FINANCIAL SERVICES, INC., a Delaware corporation, Case No.
5:22-cv-01839-JGB-SHK (C.D. Cal.), the Hon. Judge Jesus Bernal
entered the following order for alternative briefing schedule
regarding Incomm
Financial Services' motion for summary judgment or, in the
alternative, to deny class certification:
1. The hearing for the Defendant's Motion is scheduled for June
10,
2024 at 9:00 a.m.;
2. The Plaintiff's opposition to the Defendant's motion is due
no
later than May 3, 2024; and
3. The Defendant's reply to the Plaintiffs' opposition is due no
later than May 24, 2024.
InComm offers prepaid cards, switch payment processing, and
transaction products and services.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=zvqQr8 at no extra
charge.[CC]
INDIANA: Sparger-Withers Appeals Court Order in Civil Rights Suit
-----------------------------------------------------------------
AMYA SPARGER-WITHERS has filed an appeal in the lawsuit entitled
Amya Sparger-Withers, on behalf of herself and all others similarly
situated, Plaintiff, v. Joshua N. Taylor, in his personal capacity
and in his official capacity as civil-forfeiture prosecutor, et
al., Defendants, Case No. 1:21-cv-02824-JRS-CSW, in the U.S.
District Court for the Southern District of Indiana.
The nature of the suit is stated as 440 Civil Rights - Other Civil
Rights.
The appellate case is captioned Amya Sparger-Withers v. Joshua
Taylor, et al., Case No. 24-1367, in the United States Court of
Appeals for the Seventh Circuit, filed on March 11, 2024.
The briefing schedule in the Appellate Case states that:
-- Docketing Statement for Appellant Amya Sparger-Withers was
due on March 14, 2024;
-- Transcript information sheet was due on March 25, 2024; and
-- Appellant Amya Sparger-Withers's brief is due on or before
April 22, 2024. [BN]
Plaintiff-Appellant AMYA SPARGER-WITHERS, individually and on
behalf of all others similarly situated, is represented by:
Samuel B. Gedge, Esq.
Anthony Brian Sanders, Esq.
INSTITUTE FOR JUSTICE
901 N. Glebe Road
Arlington, VA 22203
Telephone: (703) 682-9320
(651) 278-0257
- and -
J. Lee McNeely, Esq.
MCNEELY LAW LLP
2177 Intelliplex Drive
Shelbyville, IN 46176
Telephone: (317) 825-5110
Defendants-Appellees JOSHUA N. TAYLOR, in his personal capacity and
in his official capacity as civil-forfeiture prosecutor, et al. are
represented by:
William N. Riley, Esq.
RILEYCATE, LLC
11 Municipal Drive
Fishers, IN 46038
Telephone: (317) 588-2866
- and -
James A. Barta, Esq.
Katelyn E. Doering, Esq.
OFFICE OF THE ATTORNEY GENERAL
302 W. Washington Street
Indiana Government Center South
Indianapolis, IN 46204
Telephone: (317) 232-0709
(317) 234-3417
INSURANCE PIPELINE: Finke Files TCPA Suit in N.D. Georgia
---------------------------------------------------------
A class action lawsuit has been filed against Insurance Pipeline
Inc. The case is styled as Brandon Finke, individually and on
behalf of all others similarly situated v. Insurance Pipeline Inc.,
Case No. 1:24-cv-01263-ELR (N.D. Ga., March 24, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Insurance Pipeline Inc. -- https://theinspipeline.com/ -- is a
health insurance agency specializing in senior healthcare products
and solutions.[BN]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
- and -
Steven Howard Koval, Esq.
THE KOVAL FIRM, LLC
Building 15, Suite 120
3575 Piedmont Rd.
Atlanta, GA 30305
Phone: (404) 513-6651
Fax: (404) 549-4654
Email: Steve@KovalFirm.com
INTEGRITY VEHICLE: Faces Kotlarsz Suit Over Unsolicited Calls
-------------------------------------------------------------
MELANIE KOTLARSZ, on behalf of herself and all others similarly
situated, Plaintiff v. INTEGRITY VEHICLE SERVICES, INC., Defendant,
Case No. 8:24-cv-00569 (C.D. Cal., March 18, 2024) accuses the
Defendant of violating the Telephone Consumer Protection Act and
seeks to stop Defendant’s practices of calling persons listed on
the National Do Not Call Registry.
The Plaintiff's residential phone number has been registered with
the National Do-Not-Call Registry since August 21, 2004. The
purpose of all calls Defendant made to Plaintiff's residential
telephone number was to solicit auto warranty business. Moreover,
the Defendant knowingly made (and continues to make) unsolicited
telemarketing calls to the telephones of Plaintiff and other
consumers without the prior express written consent of the call
recipients, says the suit.
Based in Costa Mesa, CA, Integrity Vehicle Services, Inc is a
California corporation engaged in the business of selling vehicle
service contracts or warranties. Its website can be found at
integrityautowarranty.com. [BN]
The Plaintiff is represented by:
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Str STE 1500-1507
San Francisco, CA 94108
Telephone: 415-839-7077
Facsimile: (888) 410-0415
E-mail: yeremey@skclassactions.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street 5th Floor #1520
Boston, MA 02116
Telephone: 617-377-4704
Facsimile: (888) 410-0415
E-mail: joel@skclassactions.com
INTERCONTINENTAL HOTELS: Atkinson Suit Removed to E.D. Wisconsin
----------------------------------------------------------------
The case captioned as Jacob Atkinson, individually and on behalf of
all others similarly situated v. INTERCONTINENTAL HOTELS GROUP
RESOURCES, LLC, a foreign limited liability company doing business
as STAYBRIDGE SUITES BY HOLIDAY INN and STAYBRIDGE SUITES
VANCOUVER-PORTLAND METRO; PML SERVICES, LLC, a foreign limited
liability company doing business as HOLIDAY INN EXPRESS; and DOES
1-20, Case No. 23-2-19649-0 was removed from Superior Court of the
State of Washington, County of King, to the United States District
Court for the Eastern District of Wisconsin on March 22, 2024, and
assigned Case No. 2:24-cv-00398.
On October 17, 2023, commenced a civil suit against
InterContinental Hotels Group Resources, LLC ("IHG Resources")
which asserts three causes of action for: Violation of RCW
49.58.110; Injunctive Relief; and Declaratory Relief.[BN]
The Defendants are represented by:
Andrew R. Escobar, Esq.
Helen M. McFarland, Esq.
SEYFARTH SHAW LLP
999 Third Avenue, Suite 4700
Seattle, WA 98104
Phone: (206) 946-4910
Email: aescobar@seyfarth.com
hmcfarland@seyfarth.com
IOVATE HEALTH SCIENCES: Wong Sues Over False and Misleading Labels
------------------------------------------------------------------
Brandon Wong, individually and on behalf of all other persons
similarly situated v. IOVATE HEALTH SCIENCES U.S.A. INC., Case No.
2:24-at-00346 (E.D. Cal., March 21, 2024), is brought with regard
to the Defendant's "Muscletech" dietary supplements (the
"Products") which contains false and misleading labels.
The Defendant markets and sells the Products throughout the United
States, including in California. In so doing, Defendant markets its
Products in a systematically misleading manner by misrepresenting
that the Products have specific amounts of protein that they do not
contain.
Because Defendant's sales are driven by consumers seeking to
increase their protein intake, Defendant prominently displays the
total protein content of its Products' front labels. Despite this,
the Products do not contain the advertised protein amounts (which
can only be obtained by adding "milk"). Plaintiff and those
similarly situated ("Class Members") accordingly suffered an injury
in fact as a result of Defendant's misleading and deceptive
practices, says the complaint.
The Plaintiff Wong purchased the Products for his personal use
during the applicable statute of limitations in Sacramento,
California.
The Defendant formulates, manufactures, advertises, and sells its
"Muscletech" dietary supplements which are designed to promote
muscle growth, fat loss, wellness, and performance.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
- and -
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC.
140 Broadway, Suite 4667
New York, NY 10005
Phone: (212) 884-4230
Facsimile: (212) 884-4230
Email: adrian@gr-firm.com
IQVIA INC: Fischbein Seeks to Certify Rule 23 Class Action
----------------------------------------------------------
In the class action lawsuit captioned as RICHARD E. FISCHBEIN, MD,
individually and on behalf of all others similarly-situated, v.
IQVIA, INC., Case No. 2:19-cv-05365-NIQA (E.D. Pa.), the Plaintiff
moves the Court to certify a class under Federal Rule of Civil
Procedure 23(b)(3) defined as follows:
All persons: (1) who were sent one or more facsimiles between
Nov. 16, 2015, and Jan. 10, 2019, inviting a
healthcare professional to register or participate
in the National Disease and Therapeutic Index or
Channel Dynamics survey in exchange for points to
be
redeemed for rewards; (2) who never registered or
participated in either survey; (3) for whom the
Defendant has produced no evidence of consent to
be
sent the invitation by facsimile transmission; and
(4) who are listed in Exhibit B to the
"(Supplemental
Sur-Rebuttal) Expert Report of Lee Howard" dated
Feb. 8, 2024.
The Plaintiff alleges that the Defendant violated the Telephone
Consumer Protection Act ("TCPA") by sending form advertisements in
fax broadcasts to the Plaintiff and a class of more than 25,000
other healthcare providers more than 40,000 times without prior
express invitation or permission.
The Defendant's faxes uniformly solicited healthcare providers to
register and participate in its "National Disease and Therapeutic
Index" or "Channel Dynamics" survey in exchange for points
redeemable for gift cards and merchandise in Defendant’s rewards
program, the suit says.
The Plaintiff is a psychiatrist who practices in Wilkes-Barre,
Pennsylvania.
The Defendant is a global provider of advanced analytics,
technology solutions and clinical research services to the life
sciences industry.
A copy of the Plaintiff's motion dated March 15, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ms0TXO at no extra
charge.[CC]
The Plaintiff is represented by:
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
New Castle, PA 16107
Telephone: (412) 716-5800
E-mail: rshenkan@shenkanlaw.com
- and -
Lawrence F. Stengel, Esq.
SAXTON & STUMP, LLC
280 Granite Run Dr., Ste. 300
Lancaster, PA 17601
Telephone: (717) 556-1080
E-mail: lfs@saxtonstump.com
- and -
Phillip A. Bock, Esq.
Jonathan B. Piper, Esq.
BOCK HATCH & OPPENHEIM, LLC
203 N. La Salle St., Ste. 2100
Chicago, IL 60601
Telephone: (312) 658-5501
E-mail: service@classlawyers.com
IQVIA INC: Fischbein Seeks to File Memo and Exhibits Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as RICHARD E. FISCHBEIN, MD,
individually and on behalf of all others similarly-situated, v.
IQVIA, INC., Case No. 2:19-cv-05365-NIQA (E.D. Pa.), the Plaintiff
moves the Court to enter an order permitting the Plaintiff to file
under seal unredacted copies of the Plaintiff's memorandum in
support of its motion for class certification, as well as certain
of its exhibits.
1. This is a case asserting claims under the Telephone Consumer
Protection Act, relating to faxes sent by the Defendant.
2. Pursuant to the Stipulated Protective Order entered in this
action Defendant has designated certain documents in the
case
as "Confidential."
By so designating, the Defendant represents that the unredacted
information contained in each such document is not available to the
public and falls within one or more of the following categories:
(a) information prohibited from disclosure by statute, court
rules, case decisions or common law;
(b) information that reveals trade secrets;
(c) research, technical, commercial, business, financial or
other
proprietary information;
(d) medical information concerning any individual;
(e) personal identity information;
(f) income tax returns (including attached schedules and
forms), W-2 forms and 1099 forms;
(g) personnel or employment records of a person who is not a
party to the case; or
(h) information regarding confidential business practices or
other confidential research, development or commercial
information (including information implicating privacy
rights
of third parties).
The Defendant is a global provider of advanced analytics,
technology solutions and clinical research services to the life
sciences industry.
A copy of the Plaintiff's motion dated March 15, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=PiGBkl at no extra
charge.[CC]
The Plaintiff is represented by:
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
New Castle, PA 16107
Telephone: (412) 716-5800
E-mail: rshenkan@shenkanlaw.com
- and -
Lawrence F. Stengel, Esq.
SAXTON & STUMP, LLC
280 Granite Run Dr., Ste. 300
Lancaster, PA 17601
Telephone: (717) 556-1080
E-mail: lfs@saxtonstump.com
- and -
Phillip A. Bock, Esq.
Jonathan B. Piper, Esq.
BOCK HATCH & OPPENHEIM, LLC
203 N. La Salle St., Ste. 2100
Chicago, IL 60601
Telephone: (312) 658-5501
E-mail: service@classlawyers.com
ISAAC OUAZANA: Seeks Leave to File Sur-Reply Memorandum
-------------------------------------------------------
In the class action lawsuit captioned as GERARD LAYANI, et al., v.
ISAAC OUAZANA, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the
Defendants ask the Court to enter an order granting their motion
for leave to file a sur-reply memorandum in opposition to the
Plaintiffs' motion for class certification:
The Defendants request that their motion for leave be granted for
the following reasons.
1. On March 8, 2024, the Plaintiffs filed a reply memorandum in
support of class certification.
2. The Plaintiffs have attached a May 17, 2017, Settlement
Agreement and Consent Order signed by Benjamin Ouazana as an
exhibit in support of their Amended Complaint and motion for
class certification.
3. On Feb. 23, 2024, after the Defendants had filed their
Opposition to Plaintiffs' motion for class certification, the
Honorable Shannon Avery granted Defendants' motion for
judgment
after the Maryland Department of the Environment presented
its
case against the Defendants in MDE v. Ouazanas, Case No.
24-C-
21-002486.
A copy of the Defendants' motion dated March 18, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Twfnmb at no extra
charge.[CC]
The Defendants are represented by:
William C. Parler, Jr., Esq.
THE LAW OFFICES OF
WILLIAM C. PARLER, JR., LLC
311 Gailridge Road
Timonium, MD 21093
Telephone: (410) 832-1885
E-mail: w.parler@parlerlaw.com
ISAAC OUAZANA: Seeks to Strike Plaintiffs' Class Cert Affidavits
----------------------------------------------------------------
In the class action lawsuit captioned as GERARD LAYANI, et al., v.
ISAAC OUAZANA, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the
Defendants ask the Court to enter an order striking the Plaintiffs'
affidavits and exhibits submitted in support of the Plaintiffs'
motion for class certification and memorandum of grounds and
authorities in support.
The Defendants include Benjamin Ouazana, Isaac Ouazana, I&B Capital
Investments LLC, WAZ Brothers, LLC, WAZ Investments, LLC, and WAZ
Management, LLC.
The Plaintiffs Complaint and motion for class certification rely
heavily on the May 17, 2017 Settlement Agreement and Consent Order
entered into between the Defendants and the Maryland Department of
the Environment involving 264 rental property units in Baltimore
City, with some of those units owned by the Plaintiffs in this
case.
The Brothers did not disclose these cases to victims who had a
right to know about them because the presence of lead paint
violations would have revealed that the Brothers did not perform
renovations for which they were paid, exposing a big part of the
Brothers' fraud.
A copy of the Defendants' motion dated March 15, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=xPtHUJ at no extra
charge.[CC]
The Defendants are represented by:
William C. Parler, Jr.
THE LAW OFFICES OF
WILLIAM C. PARLER, JR., LLC
311 Gailridge Road
Timonium, MD 21093
Telephone: (410) 832-1885
E-mail: w.parler@parlerlaw.com
ISLAND HOSPITALITY: Garcia Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Teresa Garcia, an individual, on behalf of
herself and others similarly situated v. ISLAND HOSPITALITY
MANAGEMENT III, LLC, a Delaware corporation; and, DOES 1 through
50, inclusive, Case No. 30-2023-01347951-CU-OE-CXC was removed from
the Superior Court of the State of California for the County of
Orange, to the United States District Court for the Central
District of California on March 19, 2024, and assigned Case No.
8:24-cv-00583.
In this action, Plaintiff's Complaint asserts eight causes of
action for: "Failure To Pay All Wages Including Minimum and
Overtime Wages"; "Failure To Provide Meal Periods"; "Failure To
Provide Rest Periods"; "Failure To Reimburse For Necessary Business
Expenditures"; "Failure To Provide Accurate Itemized Wage
Statements"; "Waiting Time Penalties"; "Violation of California's
Quota Laws"; and (8) "Unfair Business Practices."[BN]
The Defendants are represented by:
Brian T. Ashe, Esq.
Bailey K. Bifoss, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Facsimile: (415) 397-8549
Email: bashe@seyfarth.com
bbifoss@seyfarth.com
- and -
Michael Afar, Esq.
Miguel A. Ramirez, Esq.
SEYFARTH SHAW LLP
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: mafar@seyfarth.com
mramirez@seyfarth.com
J&C AMBULANCE: Plaintiffs Seek More Time to File Class Cert Reply
-----------------------------------------------------------------
In the class action lawsuit captioned as KARA FIRST, et al., v. J&C
AMBULANCE SERVICES, INC., et al., Case No. 2:22-cv-03296-MHW-KAJ
(S.D. Ohio), the Plaintiffs file unopposed motion for an extension
of time to file their reply brief in support of their motion for
class Certification.
The Plaintiffs request that the Court afford an additional 14 days
to file their reply brief in support of their motion for class
certification.
The current deadline is March 15, 2024. The Plaintiffs request an
additional fourteen days and a new deadline of March 29, 2024.
J & C provides ambulance services with paramedics and emergency
medical technicians.
A copy of the Plaintiffs' motion dated March 15, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=OrIERa at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason E. Starling, Esq.
WILLIS SPANGLER STARLING
4635 Trueman Boulevard, Suite 100
Hilliard, OH 43026
Telephone: (614) 586-7915
Facsimile: (614) 586-7901
E-mail: jstarling@willisattorneys.com
- and -
John C. Camillus, Esq.
LAW OFFICES OF JOHN C. CAMILLUS, LLC
Columbus, OH 43214
Telephone: (614) 558-7254
Facsimile: (614) 559-6731
E-mail: jcamillus@camilluslaw.com
J. MENDEL INC: Erkan Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against J. Mendel, Inc. The
case is styled as Nihal Erkan, on behalf of herself and all others
similarly situated v. J. Mendel, Inc., Case No. 1:24-cv-02139
(E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
J. Mendel -- https://jmendel.com/ -- is a luxury apparel and
fashion company specializing in bridal couture.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
JAB EXPRESS: Class Cert. Bid Filing in Snide Due July 8
-------------------------------------------------------
In the class action lawsuit captioned as Snide, et al., v. JAB
Express, Inc., et al., Case No. 3:22-cv-01373 (N.D.N.Y., Filed Dec.
20, 2022), the Hon. Judge David N. Hurd entered an order granting
letter motion insofar as and to the extent that:
(1) mandatory mediation shall be April 18, 2024
completed by:
(2) All Discovery shall be completed June 7, 2024
by:
(3) The Class Certification Motion July 8, 2024
shall be filed by:
(4) Dispositive Motions shall be Aug. 16, 2024
filed by:
The nature of suit states Diversity -- Other Contract.[CC]
JAMO 31 INC: Kim Seeks Damages for Labor Law Violations
-------------------------------------------------------
AJ W. KIM, on behalf of himself, FLSA Collective Plaintiffs, and
the Class v. JAMO 31 INC. d/b/a OSAMIL, JAMO 31 PLUS INC. d/b/a
OSAMIL UPSTAIRS, MOKWOO KIM, WON CHUL SEO a/k/a LION SEO, and IRENE
LEE a/k/a SOOKYUNG LEE, Case No. 1:24-cv-02062 (S.D.N.Y., March 19,
2024) accuses the Defendants of violating the Fair Labor Standards
Act and the New York Labor Law.
The Plaintiff was employed as a bartender at Osamil Upstairs, a
high-end cocktail bar in Manhattan's Koreatown operated by
Defendants. The Plaintiff alleges that throughout his employment at
Osamil Upstairs, Defendants paid bartenders, servers, and bussers
the tipped minimum wage rate without satisfying the strict tip
requirements of the FLSA and the NYLL. The Defendants also
allegedly failed to pay Plaintiff and similarly situated employees
spread-of-hours pay and failed to provide them with wage notices
and accurate wage statements. The Plaintiff further accuses
Defendants of retaliation as he was terminated after complaining
about Defendants' unlawful tip sharing practices.
Jamo 31 Inc. owns, operates and does business as Osamil, a modern
Korean gastropub and restaurant located in Manhattan, NY. [BN]
The Plaintiff is represented by:
Younghoon Ji, Esq.
AHNE & JI, LLP
45 East 34th Street, 5th Floor
New York, NY 10016
Telephone: (212) 594-1035
E-mail: yji@ahnejillp.com
JAPPAREL INC: Erkan Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Japparel, Inc. The
case is styled as Nihal Erkan, on behalf of herself and all others
similarly situated v. Japparel, Inc., Case No. 1:24-cv-02140
(E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Japparel, Inc. -- https://www.japparelny.com/ -- is a clothing
store in New York.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
JENNIE'S KITCHEN: Faces Lopez et al. Suit Over Labor Law Breaches
-----------------------------------------------------------------
CARLOS ALBERTO LOPEZ, MARGARITA ALVAREZ, LETICIA MATA LAZARO, and
MARIEL BADILLO HOYOS, individually and on behalf of others
similarly situated, Plaintiffs v. JENNIE'S KITCHEN LLC (D/B/A
JENNIE'S KITCHEN), JENNIFER DENISE PINEDA, and ERIK PINEDA,
Defendants, Case No. 1:24-cv-02092 (E.D.N.Y., March 21, 2024)
arises under the Fair Labor Standards Act and the New York Labor
Law.
One of the Plaintiffs, Carlos Alberto Lopez, was employed by
Defendants as a dishwasher and food preparer from approximately
September 6, 2021, until on or about February 14, 2023. Throughout
his employment with Defendants, Plaintiff Lopez regularly worked in
excess of 40 hours per week, but was not provided with appropriate
minimum wage, overtime, and spread of hours compensation for the
hours that he worked.
Jennie's Kitchen LLC is a meal prep subscription company, located
at 648 39th Street, Brooklyn, NY 11232 under the name "Jennie's
Kitchen". [BN]
The Plaintiffs are represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
JLM DECORATING: Court Certifies NYLL Class in Martinez Lawsuit
--------------------------------------------------------------
In the class action lawsuit captioned as ISRAEL MARTINEZ, on behalf
of himself, individually, and on behalf of all others
similarly-situated, v. JLM DECORATING, INC., JLM DEOCRATING NYC
INC., COSMOPOLITAN INTERIOR NY CORPORATION, MOSHE GOLD,
individually, and JOSAFATH ARIAS, individually, Case No.
1:20-cv-02969-RA-SN (S.D.N.Y.), the Hon. Judge Ronnie Abrams
entered an order certifying an New York Labor Law (NYLL) class
consisting of:
"current and former non-managerial employees, who at any time
from
April 10, 2014, through the present, performed any manual work,
including but not limited to, painting and renovation work, for
Defendants, in New York, and who were paid on an hourly basis."
Additionally, the Plaintiff Israel Martinez is appointed as Class
Representative and Borrelli & Associates, P.L.L.C. is appointed as
Class Counsel.
The court further orders that the Plaintiffs submit a revised
notice to Judge Netburn within 14 days.
The Court shares Judge Netburn's conclusion that Plaintiffs'
previous proposed notice was deficient under Rule 23(c)(2)(B).
Mr. Martinez alleges that the Defendants, operating as a single
enterprise, violated the Fair Labor Standards Act ("FLSA") and the
New York Labor Law ("NYLL") by failing to adequately compensate him
and other hourly employees who performed manual labor for the
Defendants' painting and renovation business.
Specifically, the Plaintiffs claim that the Defendants
systematically underpaid them, primarily by failing to pay overtime
wages when they exceeded 40 hours of work in any given week; not
compensating the Plaintiffs' overtime hours at a higher overtime
premium rate; and making some payments "off the books" in cash.
JLM is a full-service painting, wallcovering & decorative firm.
A copy of the Court's opinion and order dated March 20, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=4x3U3e
at no extra charge.[CC]
JUSTWORKS INC: Hackshaw Sues Over Worker Misclassification
----------------------------------------------------------
DAYNER HACKSHAW, on behalf of herself and all other persons
similarly situated, Plaintiff v. JUSTWORKS INC., Defendant, Case
No. 1:24-cv-02013 (S.D.N.Y., March 18, 2024) arises from
Defendant's misclassification and refusal to pay overtime at the
rate of time and one half times the regular rate to Plaintiff and
all other similarly situated employees for hours worked beyond 40
in a given workweek in violation of the Fair Labor Standards Act
and the New York Labor Law.
In or about February 2018, Ms. Hackshaw began working for Defendant
as a sales representative. In October 2018, Ms. Hackshaw moved to
Defendant's Payroll Operations department as a coordinator. As a
coordinator in Payroll Operations from October 2018 to December
2019, Ms. Hackshaw was paid hourly, and was instructed by Defendant
to report no more than 40 hours of work each week regardless of how
many hours she actually worked. Moreover, Plaintiff alleges that
Defendant has consistent policies and patterns or practices, of
failing to pay Plaintiff and the FLSA Collective the proper
overtime compensation of 1.5 times their regular rates of pay for
all hours worked in excess of 40 per workweek.
Headquartered in New York, NY, Justworks, Inc. is a Delaware
corporation that employs approximately 1360 people to provide a
cloud-based software platform that gives small and medium-sized
businesses access to benefits, payroll, human resources, and
compliance support. [BN]
The Plaintiff is represented by:
Alexander Granovsky, Esq.
GRANOVSKY & SUNDARESH PLLC
48 Wall Street
New York, NY 10005
Telephone: (646) 524-6001
E-mail: delson@g-s-law.com
ag@g-s-law.com
K&C EXECUTIVE: Wall Must File Class Cert Bid by April 29
--------------------------------------------------------
In the class action lawsuit captioned as ANDREW WALLS, BRIANNA
BREWER, TERRANCE PETERS, BRIANNA HILL, DAYRICE BREWER, DAIQUAN
GREEN, JAMES CLARK, KENNETH HARPER, HIKEEM KEITH, DAMIR MITCHELL,
RAFIAH CANNON, BIANCA LIVINGSTON, ELIJAH DODSON, IZJAE CARTER, v.
K&C EXECUTIVE PROTECTION LLC, Case No. 2:23-cv-01110-JFM (E.D.
Pa.), the Hon. Judge Murphy entered an order amending the Dec. 19,
2023 order as follows:
1. The Plaintiff shall file any motion for class certification
no
later than April 29, 2024.
2. All fact discovery shall be completed no later than July 1,
2024.
3. Affirmative expert reports shall be served no later than
July
15, 2024. Responsive expert reports, if any, shall be served
no
later than Aug. 12, 2024. Expert depositions, if any, shall
be
concluded no later than Aug. 19, 2024.
4. Motions for summary judgment shall be filed no later than
Sept.
3, 2024. Responses shall be filed no later than Sept. 17,
2024.
Motions for summary judgment and responses shall be filed
in
the form prescribed in Judge Murphy's Scheduling and Motion
Policies and Procedures.
K&C is a security provider.
A copy of the Court's order dated March 15, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ke5Gfq at no extra
charge.[CC]
KALA BRAND MUSIC: Beauchamp Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Kala Brand Music Co.
The case is styled as Kevin Beauchamp, on behalf of himself and all
others similarly situated v. Kala Brand Music Co., Case No.
1:24-cv-02214 (S.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kala -- https://kalabrand.com/ -- offers the largest selection of
ukulele available anywhere.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
KEMPER CORP: Hill & De Jesus Seek Damages Over WARN Act Violations
------------------------------------------------------------------
ASHLEY HILL and ANALI DE JESUS, on behalf of themselves and all
others similarly situated v. KEMPER CORPORATION, Case No.
6:24-cv-00541 (M.D. Fla., March 20, 2024) accuses the Defendant of
violating the Worker Adjustment and Retraining Notification Act.
The Plaintiffs were employees of Defendant who were terminated as
an expected consequence of a mass layoff or plant closing
effectuated by Defendant on or about January 17, 2024. The
Defendant allegedly provided Plaintiffs with only 15 days of
advance notice, instead of the 60 days required by the WARN Act.
The Defendant's actions deprived Plaintiffs and similarly situated
employees of some transition time to adjust to the prospective loss
of employment, to seek and obtain alternative jobs, and, if
necessary, to enter skill training or retraining that will allow
them to successfully compete in the job market. The Plaintiffs seek
to recover damages in the amount of 60 days' compensation and
benefits arising from Defendant's violation.
Kemper Corporation is an American insurance provider headquartered
in Chicago, IL. [BN]
The Plaintiffs are represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Direct No: (813) 379-2565
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
KITCHEN CLIQUE: Erkan Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against The Kitchen Clique,
Inc. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. The Kitchen Clique, Inc., Case No.
1:24-cv-02145 (E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Kitchen Clique -- https://shopkitchenclique.com/ -- offers all
the tools needed to perpare gourmet meals - cookware, bakeware,
kitchen tools and small appliances as well as tabletop and giftware
products.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
KNIGHT-SWIFT TRANSPORTATION: Class Cert Bid Filing Due April 8
--------------------------------------------------------------
In the class action lawsuit captioned as Hobbs v. Knight-Swift
Transportation Holdings, Inc., et ano., Case No.
1:21-cv-01421-JLR-SDA (S.D.N.Y.), the Hon. Judge Stewart Aaron
entered an order granting in part and denying in part the parties'
joint letter motion:
-- No later than April 8, 2024, the Plaintiffs shall file their
motion for class certification;
-- No later than April 29, 2024, the Defendants shall file their
opposition; and
-- No later than May 10, 2024, the Plaintiffs shall file any
reply.
The Court said, "The case was filed over three years ago and must
be brought to resolution. In addition, class certification issues
previously were extensively briefed by the parties and the Court
did not find helpful in its disposition of the prior motion to have
two sets of briefing."
Knight-Swift is a publicly traded, American motor carrier holding
company.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=n4ZmdR at no extra
charge.[CC]
The Defendants are represented by:
Brian D. Murphy, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
30 Rockefeller Plaza
New York, NY 10112-0015
Telephone: (212) 653-8700
Facsimile: (212) 653-8701
E-mail: bmurphy@sheppardmullin.com
LABORATORY CORPORATION: Class Cert Reply Reset to April 10
----------------------------------------------------------
In the class action lawsuit captioned as McDonald v. LABORATORY
CORPORATION OF AMERICA HOLDINGS, Case No. 1:22-cv-00680 (M.D.N.C.,
Filed Aug. 18, 2022), the Hon. Judge entered an order resetting
response and reply deadlines motion to certify class:
-- Response to motion due by: April 10, 2024
-- Replies due by: April 17, 2024
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA) involving breach of fiduciary duties.
Laboratory Corporation is an American healthcare company
headquartered in Burlington, North Carolina.[CC]
LDI MECHANICAL INC: Hernandez Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against LDI Mechanical, Inc.
The case is styled as Falcao Rivelino Hernandez, individually and
on behalf of others similarly situated v. LDI Mechanical, Inc.,
Does 1 through 50, inclusive, Case No. CVRI2401542 (Cal. Super.
Ct., Riverside Cty., March 22, 2024).
The case type is stated as "Unlimited Civil Other Employment."
LDI Mechanical Inc. -- https://ldimechanical.com/ -- is a
full-service heating and air company committed to providing quality
services and products to our customers.[BN]
The Plaintiff is represented by:
Amir Nayebdadash, Esq.
PROTECTION LAW GROUP, LLP
237 California St.
El Segundo, CA 90245-4310
Phone: 424-290-3095
Fax: 866-264-7880
Email: amir@protectionlawgroup.com
LEGACY HEALTH: Hunter Can File First Amended Complaint
------------------------------------------------------
In the class action lawsuit captioned as JULIANNE HUNTER, v. LEGACY
HEALTH and LEGACY EMANUEL HOSPITAL & HEALTH CENTER, Case No.
3:18-cv-02219-AR (D. Or.), the Hon. Judge Adrienne Nelson entered
an order granting Plaintiff's motion for leave to file amended
complaint.
The Plaintiff is ordered to file the first amended complaint within
14 days of this order.
The Court disagrees that plaintiff knew of the facts underlying the
proposed amendments at the time she filed the original complaint.
Additionally, the Judge Armistead found that Legacy would not
suffer unfair prejudice because "the same evidence will be used to
prove the Washington claims and is largely in Legacy's hands" and
"the parties have not yet briefed class certification, merits
discovery has not closed, and no trial date has been set."
The Judge Jeff Armistead issued his Findings and Recommendations
("F&R") in this case on Jan. 31, 2024.
The Plaintiff initiated this case on Dec. 26, 2018, alleging that
Legacy, "including all of the Oregon and Washington hospital
facilities and clinics" under Legacy's control, violated the Fair
Labor Standards Act ("FLSA") and Oregon law.
The Plaintiff moved for conditional certification of an FLSA
collective action on May 26, 2020. The Judge Acosta granted that
motion on January 4, 2021.
The proposed FAC defines the Washington class as:
"All current and former hourly, non-exempt employees,
including
but not limited to nursing staff, nursing aides, nursing
assistants, or other employees with similar job duties
employed by the Defendants in Washington, and subjected to an
automatic time deduction policy and practice at any time
starting four years prior to the filing of this Complaint
until
resolution of this action."
Legacy Health is a non-profit hospital system.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=5tobZy at no extra
charge.[CC]
LEVEL 3 COMM: Court Tosses Bid to Certify Class w/o Prejudice
-------------------------------------------------------------
In the class action lawsuit captioned as Johnson v. Level 3
Communications, LLC, Case No. 9:22-cv-81066 (S.D. Fla., Filed July
21, 2022), the Hon. Judge Bruce E. Reinhart entered an order
denying without prejudice the Plaintiff's motion to certify class.
-- The Plaintiff may move to reinstate this motion when filing
his
supplemental brief.
The suit alleges violation of the Fair Labor Standards Act.[CC]
LIFECORE BIOMEDICAL: Johnson Fistel Investigates Securities Claim
-----------------------------------------------------------------
Shareholder rights law firm Johnson Fistel, LLP is investigating
potential violations of securities laws by Lifecore Biomedical,
Inc. (NASDAQ: LFCR). ("Lifecore" or the "Company"). We are looking
into whether the Company or its executives failed to disclose vital
information to investors, leading to losses on their investments.
If you have purchased Lifecore securities and have experienced
losses, we encourage you to join our investigation to potentially
make claims and recover under federal securities laws.
What if I purchased Lifecore securities? If you believe that you
may have a potential claim against Lifecore and would like to
participate in the investigation or learn more about your legal
rights and options, please contact Johnson Fistel, LLP at (619)
814-4471) or join the investigation online. There is no cost or
obligation to you.
What is Johnson Fistel investigating? On March 20, 2024, Lifecore
issued its Annual Report on Form 10-K/A for the year ended May 29,
2022, the Company's unaudited consolidated financial statements as
of and for the periods ending August 30, 2020, November 29, 2020,
February 28, 2021, August 29, 2021, November 28, 2021, February 27,
2022, August 28, 2022, November 27, 2022 and February 26, 2023
included in the Company's Quarterly Reports on Form 10-Q filed with
the SEC. Per the Company, the "restatements correct errors
involving the calculation of capitalized interest, valuation of
inventories, and certain other adjustments related to previously
divested businesses".
Following this news, Lifecore stock closed 30% lower on March 20,
2024.
What if I have relevant nonpublic information? Individuals with
nonpublic information about the Company should consider whether to
assist our investigation or take advantage of the SEC Whistleblower
program. Under the SEC program, whistleblowers who provide original
information may, under certain circumstances, receive rewards
totaling up to thirty percent of any successful recovery made by
the SEC. For more information, contact Jim Baker at (619) 814-4471
or jimb@johnsonfistel.com.
About Johnson Fistel, LLP | Top Law Firm, Securities Fraud,
Investors Rights:
Johnson Fistel, LLP is a nationally recognized shareholder rights
law firm with offices in California, New York, Georgia, and
Colorado. The firm represents individual and institutional
investors in shareholder derivative and securities class action
lawsuits. We also extend our services to foreign investors who have
purchased on US exchanges. Stay updated with news on stock drops
and learn how Johnson Fistel, LLP can help you recover your losses.
For more information about the firm and its attorneys, please visit
http://www.johnsonfistel.com.[GN]
LINCARE HOLDINGS: Morris Seeks to Extend Class Cert. Deadline
-------------------------------------------------------------
In the class action lawsuit captioned as JANET MORRIS, individually
and on behalf of all others similarly situated, v. LINCARE
HOLDINGS, INC., Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the
Plaintiff requests the Court to enter an order extending the class
certification deadline to May 6, 2024.
Pursuant to Local Rule 3.01(e), the Plaintiff requests a ruling on
the instant motion on or before March 25, 2024. The basis for this
request is due to the Defendant's refusal to comply with the
Court's Order compelling discovery, and Plaintiff's deadline of
April 5, 2024, to file her motion for class certification.
The Defendant's refusal to comply with its discovery obligations
and the Court's Order have prejudiced the Plaintiff and her ability
to move for class certification.
On Jan. 12, 2024, the Court granted in part Plaintiff's motion to
compel discovery.
On Feb. 2, 2024, the Parties filed a joint motion to modify
scheduling order [DE 96] in which they requested the Court extend
the class certification deadline to May 6, 2024. The Defendant has
no objection, and has already consented to the extension.
Lincare is a provider of oxygen and other respiratory therapy
services to patients in the home.
A copy of the Plaintiff's motion dated March 18, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=x0am30 at no extra
charge.[CC]
The Plaintiff is represented by:
Rachel Dapeer, Esq.
HIRALDO P.A.
20900 NE 30th Avenue, #417
Aventura, FL 33180
Telephone: (954) 799-5914
E-mail: rachel@dapeer.com
LIVE NATION: Faces Several Class Suits in Canada
------------------------------------------------
Live Nation Entertainment, Inc. disclosed in its Form 10-K report
for the fiscal year ended December 31, 2023, filed with the
Securities and Exchange Commission in February 21, 2024, that it is
facing putative class action lawsuits in Canada, namely,
"Thompson-Marcial and Smith v. Ticketmaster Canada Holdings ULC"
(Ontario Superior Court of Justice, filed September 2018), "McPhee
v. Live Nation Entertainment, Inc., et al." (Superior Court of
Quebec, District of Montreal, filed September 2018), "Crystal Watch
v. Live Nation Entertainment, Inc., et al." (Court of Queen's Bench
for Saskatchewan, by amendments filed September 2018) and "Gomel v.
Live Nation Entertainment, Inc., et al." (Supreme Court of British
Columbia, Vancouver Registry, filed October 2018).
The Canadian lawsuits make factual allegations that Live Nation
engaged in conduct that is intended to encourage the resale of
tickets on secondary ticket exchanges at elevated prices. Based on
these allegations, each plaintiff asserts violations of different
provincial and federal laws. Each plaintiff also seeks to represent
a class of individuals who purchased tickets on a secondary ticket
exchange, as defined in each plaintiff's complaint. The complaints
seek a variety of remedies, including unspecified compensatory
damages, punitive damages, restitution, injunctive relief and
attorneys' fees and costs.
In April 2021, the court in the Gomel lawsuit declined to certify
all claims other than those pled under British Columbia's Business
Practices and Consumer Protection Act and claims for punitive
damages. The court did certify a class of British Columbia
residents who purchased tickets to an event in Canada on any
secondary market exchange from June 2015 through April 2021 that
were initially purchased on Ticketmaster.ca. In May 2021, Live
Nation filed a notice of appeal of the class certification ruling,
and the plaintiff filed a cross-appeal shortly thereafter. The
appeals were heard in early February 2023. In July 2023, the court
of Appeal for British Columbia issued its ruling, finding that the
trial court erred by certifying common issues related to damages in
the absence of any evidence supporting a plausible methodology to
determine damages on a class-wide basis and remitted the matter
back to the motion judge to reconsider his ruling. The Court of
Appeal also allowed plaintiff's cross-appeal in part, certified
plaintiff's proposed common issue regarding restoration, and
remitted the plaintiff's proposed common issues regarding his
Competition Act and Unjust Enrichment claims to the motion judge
for reconsideration.
In December 2022, the parties filed cross-motions with the Court of
Appeal for Saskatchewan, seeking leave to appeal the court’s
ruling. A hearing on the parties' motions for leave to appeal took
place in March 2023, and in July 2023, the Court of Appeal granted
leave to appeal to both parties. The appeals are fully briefed, and
a hearing is scheduled for April 2024.
In September 2023, Live Nation filed an application for leave to
appeal the Court of Appeal decision to the Supreme Court of Canada.
The court declined to certify and dismissed all claims other than
those pled under provincial consumer protection statutes relating
to drip pricing and certified a class of consumers who purchased
tickets between September 2015 and June 2018 from Ticketmaster.ca
on the primary market.
The class certification hearing in the Thompson-Marcial matter has
been scheduled for March 2024. The McPhee matter is stayed pending
the outcome of the Watch matter.
Live Nation Entertainment, Inc. is the largest live entertainment
company in the world, connecting over 765 million fans to ticketing
platforms in 49 countries. It is the largest producer of live music
concerts in the world, based on total fans that attend Live Nation
events as compared to events of other promoters, connecting over
145 million fans to more than 6,800 artists at over 50,000 events
in 2023. Live Nation owns, operates, has exclusive booking rights
in 373 venues globally. It is one of the world's leading artist
management companies based on the number of artists represented. It
is the world's leading live entertainment ticketing sales and
marketing company, based on the number of tickets sold.
LOANDEPOT.COM LLC: Bid Leave to File Oversize Class Cert Memo OK'd
------------------------------------------------------------------
In the class action lawsuit captioned as JEFFREY KEARNS,
individually, and on behalf of all others similarly situated, v.
LOANDEPOT.COM, LLC, Case No. 8:22-cv-01217-JWH-JDE (C.D. Cal.), the
Hon. Judge John Holcomb entered an order granting Loandepot.com's
ex parte application for leave to file an oversize memorandum in
opposition to the Plaintiff's motion for class certification.
LoanDepot is a nonbank holding company which sells mortgage and
non-mortgage lending products.
A copy of the Court's order dated March 15, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=QPzApO at no extra
charge.[CC]
LOS ANGELES TIMES: Mirmalek Suit Removed to N.D. California
-----------------------------------------------------------
The case styled as Taliah Mirmalek, individually and on behalf of
all others similarly situated v. Los Angeles Times Communications
LLC, Case No. 24CV063701 was removed from the Alameda County
Superior Court, to the U.S. District Court for the Northern
District of California on March 22, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01797 to the
proceeding.
The nature of suit is stated as Other Contract.
The Los Angeles Times -- https://www.latimes.com/ -- is the largest
metropolitan daily newspaper in the country.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Ann Marie Mortimer, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071
Phone: (213) 532-2103
Email: amortimer@HuntonAK.com
LOVEVERY INC: Ramirez Sues Over Data Privacy Violations
-------------------------------------------------------
BRITTNEY RAMIREZ, individually and on behalf of all others
similarly situated, Plaintiff v. LOVEVERY, INC.; and DOES 1 through
25, inclusive, Defendant, Case No. 24STCV06517 (Cal. Super., Los
Angeles Cty., March 15, 2024) alleges that the Defendant violates
the California Invasion of Privacy Act ("CIPA") and the California
Trap and Trace Law.
The Plaintiff alleges in the complaint that the Defendant has
installed multiple data collection applications on the Website in
collaboration with TikTok and other data companies that serve to
gather data, develop secret profiles, learn "tendencies" and "draw
inferences" about visitors to their website.
The Defendant's data collection is done without the knowledge or
consent of website users, who are unwittingly sharing information
about their newborns and toddlers to data companies worldwide, says
the suit.
LOVEVERY, INC. education software solutions. The Company offers
educational play products and toys designed by child development
experts for stage-based learning. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Matthew J. Smith, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
Email: robert@taulersmith.com
matthew@taulersmith.com
LUMINAR TECHNOLOGIES: Smith Alleges Breach of Fiduciary Duty
------------------------------------------------------------
JAMES SMITH, on behalf of himself and all similarly situated
stockholders of LUMINAR TECHNOLOGIES, INC., Plaintiff v. ALEC
GORES, JUN HONG HENG, MARY LOU JEPSON, SHAUN MAGUIRE, KATHARINE
MARTIN, MATTHEW SIMONCINI, DANIEL D. TEMPESTA, AUSTIN RUSSELL, and
LUMINAR TECHNOLOGIES, INC., Defendants, Case No. 2024-0285 (Del.
Ch., March 21, 2024) seeks declaratory relief invalidating the
Luminar's Advance Notice Bylaw, which allegedly contained
provisions that serve as an unlawful deterrent to those seeking to
meaningfully participate in the nomination process--a fundamental
right of stockholders of a Delaware corporation.
The Plaintiff asserts a claim for breach of fiduciary duty against
the Director Defendants for incorporating an "Acting in Concert"
definition with a "Daisy Chain" provision into the Advance Notice
Bylaw. Such incorporation of the Acting in Concert definition
forecloses a dissident stockholder’s ability to successfully wage
a proxy contest, says the Plaintiff.
Headquartered in Florida, Luminar is a global automotive technology
company. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Daniel M. Baker, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
E-mail: kim@blockleviton.com
irene@blockleviton.com
daniel@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street Suite 700R
Stamford, CT 06902
LX HAUSYS AMERICA: Torres Sues Over Fraud and Discrimination
------------------------------------------------------------
Sinuhe Cabrera Torres and Pedro Dominguez Balderas, individually
and on behalf of all others similarly situated v. LX HAUSYS
AMERICA, INC.; CL GLOBAL, LLC; and TOTAL EMPLOYEE SOLUTION SUPPORT,
LLC, Case No. 1:24-cv-01283-MLB-RDC (N.D. Ga., March 25, 2024), is
brought involving fraud, discrimination, breach of contract, and
wage violations against foreign workers of Mexican ancestry and
national origin who were exploited as part of an illegal scheme for
cheap labor in LX Hausys's production plant, seeking lost wages,
liquidated damages, and attorney’s fees and costs against
Defendants for violations of the Fair Labor Standards Act of 1938
("FLSA").
Defendant LX Hausys associated with the recruitment and staffing
agencies CL Global and TESS for the common purpose of recruiting
Plaintiffs and other foreign professionals from Mexico under the
"Trade NAFTA" or "TN" visa program and housing them in Georgia so
that they could provide labor for Defendant LX Hausys in the U.S.
All Defendants knew that TN visas would not and could not be
granted for the manual labor positions they wanted to fill at a
manufacturing plant. Rather, TN visas are strictly regulated and
available only to professional-level foreign workers with
specialized education and experience who will come to the U.S. to
work professional-level scientific and technical jobs.
The Defendants therefore hatched a scheme to recruit highly skilled
Mexican engineers and technicians for non-existent
professional-level positions that would qualify for the TN visa
program. The plan was a bait and switch accomplished by fraud
against the foreign workers and the U.S. government: hire the
professional-level Mexican engineers and technicians for
non-existent engineer and technician jobs; assist the engineers and
technicians with securing the TN visas by submitting fraudulent
documents to the U.S. government; and when the foreign workers
arrive in the United States, require the workers to perform manual
labor with lower and discriminatory pay and excessive mandatory
work hours.
The Plaintiffs and other Mexican engineers and technicians were
victims of this fraudulent scheme. They relied upon Defendants’
misrepresentations, paid money for fraudulently-obtained visas,
spent money to travel to the U.S. Consulate for interviews, and
moved from Mexico to the U.S. for jobs they reasonably believed
qualified for the TN visa program and would utilize their
specialized education, experience, and skill, says the complaint.
The Plaintiffs are residents of Mexico and worked for Defendants LX
Hausys and CL Global.
LX Hausys is a foreign profit corporation with its principal place
of business.[BN]
The Plaintiff is represented by:
Rachel Berlin Benjamin, Esq.
Brian J. Sutherland, Esq.
BEAL SUTHERLAND BERLIN & BROWN LLC
945 East Paces Ferry Rd. NE, Suite 2000
Atlanta, GA 30326
Phone: (404) 476-5305
- and -
Daniel Werner, Esq.
James Radford, Esq.
RADFORD SCOTT, LLP
315 W. Ponce de Leon Ave., Suite 1080
Decatur, GA 30030
Phone: (678) 271-0300
Email: dwerner@radfordscott.com
jradford@radfordscott.com
- and -
Christopher B. Hall, Esq.
Ricardo Gilb, Esq.
HALL & LAMPROS, LLP
300 Galleria Parkway, Suite 300
Atlanta, GA 30339
Phone: (404) 876-8100
Facsimile: (404) 876-3477
Email: chall@hallandlampros.com
M&T BANK: Seeks Leave to Oppose Plaintiffs' Renewed Class Cert Bid
------------------------------------------------------------------
In the class action lawsuit captioned as DAVID JAROSLAWICZ,
individually and on behalf of all others similarly situated, v. M&T
BANK CORPORATION, et al., Case No. 1:15-cv-00897-EJW (D. Del.), the
Defendants ask the Court to enter an order granting them motion for
leave to incorporate by reference certain prior submissions in
connection with their opposition to the Plaintiffs' renewed motion
for class certification.
1. On June 8, 2022, the Defendants filed their Opposition to the
Plaintiffs' original motion for class certification, and
their
motion to exclude the expert report and opinions of M. Travis
Keath and David DeRosa.
2. Contemporaneously with these filings, the Defendants filed
the
Declaration of Katherine A. Hardiman in support of the
Defendants' original opposition and the Defendants' Daubert
motion, attaching Exhibits 1-37 cited in the Original
Opposition
and Daubert Motion.
3. On Aug. 28, 2023, the Court issued a memorandum opinion and
order granting-in-part and denying-in-part the original class
certification motion.
6. On Nov. 1, 2023, the Court announced its intention to review
and
amend its Aug. 28, 2023 Order.
M&T Bank is a multi-state community-focused bank.
A copy of the Defendants' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=BEZ8L4 at no extra
charge.[CC]
The Defendants are represented by:
Kevin R. Shannon, Esq.
POTTER ANDERSON & CORROON LLP
Hercules Plaza
1313 N. Market Street, 6th Floor
Wilmington, DE 19899-0951
Telephone: (3020 984-6000
- and -
Tracy Richelle High, Esq.
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004-2498
Telephone: (212) 558-4000
- and -
Brian M. Rostocki, Esq.
REED SMITH LLP
1201 Market Street, Suite 1500
Wilmington, DE 19801
Telephone: (302) 778-7500
- and -
Jonathan K. Youngwood, Esq.
Janet A. Gochman, Esq.
V. Noah Gimbel
Katherine A. Hardiman
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, NY 10017
Telephone: (212) 455-2000
M.A.C. COSMETICS: Bid to Extend Class Cert Deadlines Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as Maciel et al v. M.A.C.
Cosmetics, Inc., Case No. 3:23-cv-03718 (N.D. Cal., Filed July 26,
2023), Hon. Judge Araceli Martinez-Olguin entered an order denying
stipulation to extend discovery and class certification deadlines.
-- The parties fail to show good cause for the amount of time
requested as the stipulation largely repeats the same reasons
stated in the parties' Jan. 4, 2024, scheduling modification
request, which the Court granted.
The nature of suit states Civil Rights -- Employment
Discrimination.[CC]
MACEOO LLC: Sookul Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Maceoo LLC. The case
is styled as Sanjay Sookul, on behalf of himself and all others
similarly situated v. Maceoo LLC, Case No. 1:24-cv-02175 (S.D.N.Y.,
March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Maceoo -- https://maceoo.com/ -- offers luxury menswear featuring
designer dress shirts and French cuff shirts.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
MADE IN MEXICO UPTOWN: Oropeza Sues Over Unpaid Overtime Wage
-------------------------------------------------------------
Salomon Oropeza, and all other similarly situated v. MADE IN MEXICO
UPTOWN CORP (DBA MADE IN MEXICO) and ISMAEL BOURDIER, Individually,
Case No. 1:24-cv-02236 (S.D.N.Y., March 25, 2024), is brought
pursuant to the Fair Labor Standards Act ("FLSA"), the New York
Labor Law ("NYLL") as recently amended by the Wage Theft Prevention
Act ("WTPA"), seeks to recover, inter alia, unpaid overtime wage
compensation for Plaintiff.
The Defendants were required, under relevant New York State law, to
compensate Plaintiff with overtime pay at one and one-half the
regular rate for work in excess of 40 hours per work week. However,
despite such mandatory pay obligations, Defendants only initially
compensated Plaintiff at a rate of $18 and $22 per hour and failed
to pay Plaintiff his lawful overtime pays for that period from
February 2015 until March 16, 2024, where he consistently worked in
excess of 40 hours per workweek. Plaintiff also brings this action
under the Wage Theft Prevention Act for Defendants’ failure to
provide timely and accurate written notice of wage rates in
violation of said laws. Moreover, the Defendants failed to maintain
accurate record keeping as required by the FLSA and the NYLL, says
the complaint.
The Plaintiff was employed as a cook.
MADE IN MEXICO UPTOWN CORP (DBA MADE IN MEXICO) is a duly organized
New York Corporation.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.StillmanLegalPC.com
MADWIRE LLC: Kelly FLSA & FMLA Suit Removed to D. Colorado
----------------------------------------------------------
The case styled ELIZABETH KELLY, on behalf of herself and all
similarly situated persons v. MADWIRE LLC., Case No. 2024CV30166,
was removed from the District Court for Larimer County, Colorado to
the United States District Court for the District of Colorado on
March 20, 2024.
The Clerk of Court for the District of Colorado assigned Case No.
1:24-cv-00781-RMR to the proceeding.
The case arises from the Defendant's alleged violations of the Fair
Labor Standards Act, the Family and Medical Leave Act, and Colorado
state law.
Headquartered in Fort Collins, CO, Madwire LLC is a technology
company that provides business management and marketing software
and services for SMBs and franchises. [BN]
The Defendant is represented by:
Kelli Riley, Esq.
RILEW LAW, LLC
1748 Topaz Drive
Loveland, CO 80537
Telephone: (970) 509-3732
E-mail: kelli@rileylawllc.com
MANGWA INVESTMENTS: Mello Files Suit in Mass. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Mangwa Investments
Inc., et al The case is styled as Wiliam Mello, on behalf of
himself and others similarly situated v. Mangwa Investments Inc.
doing business as Savoy Nursing, Didie Watsop, Hortance Watsop,
Case No. 2473CV00233 (Mass. Super. Ct., Bristol Cty., March 20,
2024).
The case type is stated as "Contract / Business Cases."
Mangwa Investments Inc. doing business as Savoy Nursing &
Rehabilitation Center is a nursing home in New Bedford,
Massachusetts.[BN]
The Plaintiff is represented by:
Eric J. Walz, Esq.
Kenneth G. Wybieracki, Esq.
RUDOLPH FRIEDMANN LLP
92 State St.
Boston, MA 02109
MCE AUTOMOTIVE: Mboh Suit Removed to D. South Carolina
------------------------------------------------------
The case styled as Corie Mboh, individually, and on behalf of all
others similarly situated v. MCE Automotive, Inc., Case No.
2024-CP-42-00469 was removed from the Spartanburg County Court of
Common Pleas, to the U.S. District Court for the District of South
Carolina on March 21, 2024.
The District Court Clerk assigned Case No. 7:24-cv-01359-JDA to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
MCE Automotive, Inc., doing business as Hyundai of Greer --
https://www.hyundaiofgreer.com/ -- offers new and used cars, vans,
trucks, and sport utility vehicles along with financing, leasing,
and maintenance services.[BN]
The Plaintiff is represented by:
Michael A. Timbes, Esq.
Sarah Danielle Baum, Esq.
Thomas J. Rode, Esq.
THURMOND KIRCHNER AND TIMBES PA
15 Middle Atlantic Wharf, Suite 101
Charleston, SC 29401
Phone: (843) 937-8000
Email: michael@tktlawyers.com
sarah@tktlawyers.com
thomas@tktlawyers.com
The Defendants are represented by:
Robert E Sumner, IV, Esq.
BUTLER SNOW - CHAS SC
25 Calhoun Street, Suite 250
Charleston, SC 29401
Phone: (843) 277-3700
Fax: (843) 277-3701
Email: robert.sumner@butlersnow.com
MEDICAL MANAGEMENT: Anderson Files Suit in D. Arizona
-----------------------------------------------------
A class action lawsuit has been filed against Medical Management
Resource Group LLC. The case is styled as Lynnae Anderson, Michael
Martinez, individually and on behalf of all others similarly
situated v. Medical Management Resource Group LLC doing business
as: American Vision Partners, Case No. 2:24-cv-00628-ROS (D. Ariz.,
March 21, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Medical Resources Group, LLC -- https://www.mrgllc.net/ -- provides
medical billing and collections services and solutions to the
healthcare industry.[BN]
The Plaintiffs are represented by:
Brett R Cohen, Esq.
Jeffrey K Brown, Esq.
LEEDS BROWN LAW PC
1 Old Country Rd., Ste. 347
Carle Place, NY 11514
Phone: (516) 873-9550
- and -
Charles E Schaffer
LEVIN SEDRAN & BERMAN LLP
510 Walnut St., Ste. 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
- and -
Cristina Perez Hesano
PEREZ LAW GROUP PLLC
7508 N 59th Ave.
Glendale, AZ 85301
Phone: (623) 826-5593
Email: cperez@perezlawgroup.com
- and -
Jeffrey Scott Goldenberg
GOLDENBERG SCHNEIDER LPA
4445 Lake Forest Dr., Ste. 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Fax: (513) 345-8294
Email: jgoldenberg@gs-legal.com
MEDICAL MANAGEMENT: Pelt and Pelt Sue Over Unprotected Private Info
-------------------------------------------------------------------
Latricia Pelt and Barry Pelt, individually and on behalf of all
others similarly situated, Plaintiffs v. Medical Management
Resource Group, LLC, d/b/a American Vision Partners, Defendant,
Case No. 2:24-cv-00564-SPL (D. Ariz., March 18, 2024) arises from
the Defendant's failure to properly secure Plaintiffs' and Class
Members' personally identifiable information and personal health
information.
Medical Management Resource Group (MMRG) failed to comply with
industry standards to protect information systems that contain PII
and PHI. The Plaintiffs seek, among other things, orders requiring
MMRG to fully and accurately disclose the nature of the information
that has been compromised and to adopt sufficient security
practices and safeguards to prevent incidents like the disclosure.
The complaint alleges that MMRG disclosed the incident having
become aware of outsiders having accessed Class Members' data on
November 14, 2023. But it did not disclose the said incident until
February 6, 2024, when it reported having sent notification letters
to people whose PII and PHI was exposed by the data breach.
Headquartered in Tempe, AZ, MMRG offers medical billing and
collections services and solutions to its clients in the healthcare
industry. [BN]
The Plaintiffs are represented by:
Cristina Perez Hesano, Esq.
PEREZ LAW GROUP, PLLC
7508 North 59th Avenue
Glendale, AZ 85301
E-mail: cperez@perezlawgroup.com
- and -
William "Billy" Peerce Howard, Esq.
THE CONSUMER PROTECTION FIRM, PLLC
301 East Jackson Street, Suite 2340
Truist Place
Tampa, FL 33602
Telephone: (813) 500-1500
E-mail: billy@TheConsumerProtectionFirm.com
- and -
Bart D. Cohen, Esq.
BAILEY GLASSER LLP
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 274-9420
E-mail: bcohen@baileyglasser.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
MEDQ INC: Everett Files Suit in E.D. Texas
------------------------------------------
A class action lawsuit has been filed against medQ, Inc. The case
is styled as Debra Everett, individually and on behalf of all
others similarly situated v. medQ, Inc., Case No. 4:24-cv-00261
(E.D. Tex., March 25, 2024).
The nature of suit is stated as Other Contract.
medQ -- https://www.medq.com/ -- helps medical imaging teams reduce
patient turnaround time and maximize revenue with
automation-assisted Workflow Software tailored perfectly to meet
their needs.[BN]
The Plaintiff is represented by:
Bruce William Steckler, Esq.
STECKLER WAYNE COCHRAN PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Fax: (972) 387-4041
Email: bruce@swclaw.com
MERITAS HEALTH: Ballard Suit Transferred to E.D. New York
---------------------------------------------------------
The case styled as Gary Ballard, Mary Devling, individually and on
behalf of all others similarly situated v. Meritas Health
Corporation, Board of Trustees of North Kansas City Hospital, Perry
Johnson & Associates, Inc., Case No. 4:24-cv-00154 was transferred
from the U.S. District Court for the Western District of Missouri,
to the U.S. District Court for the Eastern District of New York on
March 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02065-RPK-LGD to
the proceeding.
The nature of suit is stated as Other Contract.
Meritas Health, a multi-specialty group has nearly 30 medical
clinics located primarily in Clay and Platte counties.[BN]
The Plaintiffs are represented by:
Andrew B Protzman, Esq.
David D. Burkhead, Esq.
Protzman Law Firm
4001 W 114th St, Suite 110
Leawood, KS 66211
Phone: (816) 421-5100
Fax: (816) 421-5105
Email: andy@protzmanlaw.com
david@protzmanlaw.com
MIHON CORP: Keegan Balks at Mislabeled Male Enhancement Supplements
-------------------------------------------------------------------
BRIAN KEEGAN, individually and on behalf of those similarly
situated v. MICHAEL LEE, TRAVIS MYERS, and MIHON CORP., Case No.
3:24-cv-10698 (N.D. Cal., March 19, 2024) accuses the Defendants of
common law fraud and violation of the California Consumers Legal
Remedies Act.
The Plaintiff brings this class action over Defendants' alleged use
of fraudulent or deceptive information regarding their product
named "EnduranceXtra", which is distributed by Mihon Corp
throughout the United States. Defendants represent to the public,
in writing on the product label, as well as on its website, that
EnduranceXtra is a "natural male enhancement supplement", a "blue
pill", and effective for erectile dysfunction. Defendants claim
that the product contains only natural and herbal ingredients,
including Ginseng. However, laboratory testing of EnduranceXtra
found that it is adulterated with Sildenafil, a PDE5 inhibitor
available only under the supervision of a physician and by
prescription only. PDE inhibitors are used to treat erectile
dysfunction.
The Plaintiff suffers from high blood pressure and high blood sugar
and takes maintenance medication. Due to his medical conditions,
Plaintiff is prohibited from ingesting Sildenafil. In January 2024,
he purchased EnduranceXtra in reliance on Defendant's claim that it
contained only natural ingredients and suffered adverse effects
after ingesting the product, says the Plaintiff.
Michael Lee serves as the Chief Financial Officer of the corporate
Defendant, Mihon Corp which is located in San Francisco, CA. [BN]
The Plaintiff is represented by:
Lesley F. Portnoy, Esq.
PORTNOY LAW FIRM
1100 Glendon Ave., 15th Floor
Los Angeles, CA 90024
Telephone: (310) 692-8883
E-mail: lesley@portnoylaw.com
- and -
Harold M. Hoffman, Esq.
240 Grand Avenue
Englewood, NJ 07631
Telephone: (201) 410-8223
E-mail: hoffman.esq@verizon.net
MINNESOTA: Agrees to Settle Property Forfeiture Suit for $109-MM
----------------------------------------------------------------
Michelle Griffith, writing for Minnesota Reformer, reports that
Minnesota taxpayers are on the hook for $109 million in recently
settled class action lawsuits after a 2023 U.S. Supreme Court case
that found state law regarding property forfeiture was
unconstitutional.
The U.S. Supreme Court last year ruled 9-0 in Tyler v. Hennepin
County that the county violated a woman's constitutional rights
when it sold her forfeited property for more than she owed in taxes
and pocketed the difference, or the surplus.
After the ruling, two class action lawsuits were filed against the
state on behalf of Minnesotans who lost their properties to tax
forfeiture and the counties keep the surpluses.
The hefty budget item raises a question: Why is the state paying
for the counties' illegal takings?
Liz Kramer, Minnesota's solicitor general, said the counties kept a
portion of the funds, but they were acting in accordance to state
statute and the properties were taken in the name of the state of
Minnesota.
Because of that involvement in the forfeitures, the Legislature is
poised to pay the $109 million settlement amount.
Democratic-Farmer-Labor leaders released a budget agreement
detailing how much lawmakers will spend this year over and above
last year's two-year $72 billion budget. Gov. Tim Walz, House
Speaker Melissa Hortman, DFL-Brooklyn Park, and Senate Majority
Leader Erin Murphy, DFL-St. Paul, announced a $477 million
agreement, which included the settlement. But it explained nothing
about it, even though it takes up nearly 23% of the spending
agreement.
"This is a responsible, thoughtful agreement that maintains a
balanced budget while funding our state's most urgent needs for
critical infrastructure, public safety, and emergency services,"
Walz said in a statement.
Last week, Walz also released his own budget proposal; it did not
include the settlement.
Kramer said the Office of the Attorney General has been in "a lot
of regular communication" with leaders about the need to pay for
the settlement. The state and the plaintiffs' lawyers in the class
action suits came to an agreement of the settlement's basic terms
on Feb. 28, Kramer said.
The parties agreed to a settlement that includes properties
affected by the tax forfeiture practice going back seven years,
which covers about 6,000 Minnesota properties, Kramer said.
The $109 million will go into a fund, and Kramer said the
Legislature should allocate the funds as soon as possible so the
state saves money on interest.
Although the Supreme Court struck down the current forfeiture law,
the Legislature hasn't passed a new one yet, leaving many
properties in legal limbo. Once the Legislature passes a new tax
forfeiture law, counties will begin to sell the properties they've
seized in the past few years and give the surplus to the state,
which will be about $26 million back into the state's general
fund.
As part of the settlement, most property owners who file a claim
will be entitled to about 90% of the value of their property's
surplus, or the difference between what they owned in taxes and the
price at which the county sold it, Kramer said.
DFL lawmakers are carrying bills this session related to the
settlement. Sen. Grant Hauschild, DFL-Hermantown, is chief author
of the bill (SF4936) to create the account in which to deposit the
$109 million settlement. Rep. Sandra Feist, DFL-New Brighton, is
carrying a bill (HF4822/SF4985) to change the state's tax
forfeiture statutes in an attempt to make them constitutional in
light of the Supreme Court decision.
Rep. Aisha Gomez, DFL-Minneapolis, who is also chair of the House
Taxes Committee, told the Reformer that the Legislature must
fulfill its obligations by approving money for the settlement given
the state's role in crafting the law that's since been struck down
by the court.
"Definitely not an election year winner or something that anyone
was really excited to spend so much money on, but I've thought that
we should at least help very significantly all along, and there
wasn't much dissension about that" among other DFL lawmakers, she
said.
Kramer said the settlement was an example of "good government at
work."
"If this magically -- I'm knocking on wood here -- gets through the
Legislature . . . it feels like a miracle," Kramer said. "It's a
lot of money at stake and it just takes so many people to be
willing to put the public interest ahead of what might be their own
personal interests, and so we're really lucky that all these
different parties and entities are willing to do that." [GN]
MINNESOTA: Dalen Appeals Case Dismissal to 8th Cir.
---------------------------------------------------
KYLE DALEN is taking an appeal from a court order dismissing his
amended complaint in the lawsuit entitled Kyle Dalen, individually
and on behalf of all others similarly situated, Plaintiff, v. Jodi
Harpstead, Commissioner of the Minnesota Department of Human
Services, in her individual and official capacities, Defendant,
Case No. 0:23-cv-01877-ECT, in the U.S. District Court for the
District of Minnesota.
The nature of the suit is stated as 440 Civil Rights - Other Civil
Rights.
On July 5, 2023, the Plaintiff filed an amended complaint, which
the Defendant moved to dismiss on July 19, 2023.
On Sept. 11, 2023, the Plaintiff filed a motion for preliminary
injunction.
On Jan. 16, 2024, the Court granted in part the Defendant's motion
to dismiss the amended complaint through an Order entered by Judge
Eric C. Tostrud. The Plaintiff's claims arising under 42 U.S.C.
Sec. 1983 and/or the U.S. Constitution were dismissed without
prejudice. The Plaintiff's motion for preliminary injunction was
denied.
The Court held that the amended complaint does not allege facts
plausibly showing the violation of a fundamental right or
conscience-shocking conduct. Mr. Dalen cites no authority holding
that a state official's successful legislative advocacy might
trigger a substantive-due-process violation.
On Feb. 7, 2024, the Court ordered that the Plaintiff's claims in
his amended complaint arising under 42 U.S.C. Sec. 1983 and/or the
U.S. Constitution are dismissed with prejudice. To the extent the
amended complaint asserts state-law claims, the case is remanded to
Dakota County District Court.
The appellate case is captioned Kyle Dalen v. Jodi Harpstead, Case
No. 24-1498, in the United States Court of Appeals for the Eighth
Circuit, filed on March 11, 2024.
The briefing schedule in the Appellate Case states that:
-- Transcript is due on or before April 22, 2024;
-- Appendix is due on April 30, 2024;
-- Appellant Kyle Jerome Dalen's brief is due on April 30, 2024;
and
-- Appellee brief is due 30 days from the date the court issues
the Notice of Docket Activity filing the brief of appellant. [BN]
Plaintiff-Appellant KYLE JEROME DALEN, individually and on behalf
of all others similarly situated, is represented by:
James P. Conway, Esq.
Kevin J. Wetherille, Esq.
JASPERS & MORIARTY
206 Scott Street
Shakopee, MN 55379
Telephone: (952) 445-2817
- and -
David A. Goodwin, Esq.
Daniel E. Gustafson, Esq.
Joseph Nelson, Esq.
Anthony James Stauber, Esq.
GUSTAFSON & GLUEK
120 S. Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
- and -
Jason D. Gustafson, Esq.
THRONDSET & MICHENFELDER
222 S. Ninth Street, Suite 1600
Minneapolis, MN 55402
Telephone: (763) 515-6110
- and -
Hannah L. Scheidecker, Esq.
FREMSTAD LAW
3003 32nd Avenue, S., Suite 240
Fargo, ND 58103
Telephone: (701) 478-7620
Defendant-Appellee JODI HARPSTEAD, Commissioner of the Minnesota
Department of Human Services, in her individual and official
capacities, is represented by:
Leaf Dilts McGregor, Esq.
Aaron Edward Winter, Esq.
ATTORNEY GENERAL'S OFFICE
445 Minnesota Street, Suite 1100
Saint Paul, MN 55101
Telephone: (651) 757-1258
651) 296-9412
MINNESOTA: Settles Property Forfeiture Class Suit for $109M
-----------------------------------------------------------
The Mighty 790 KFGO reports that Minnesota taxpayers are on the
hook for $109 million in recently settled class action lawsuits
after a 2023 U.S. Supreme Court case that found state law regarding
property forfeiture was unconstitutional.
The U.S. Supreme Court last year ruled 9-0 in Tyler v. Hennepin
County that the county violated a woman's constitutional rights
when it sold her forfeited property for more than she owed in taxes
and pocketed the difference, or the surplus.
After the ruling, two class action lawsuits were filed against the
state on behalf of Minnesotans who lost their properties to tax
forfeiture and the counties keep the surpluses.
The hefty budget item raises a question: Why is the state paying
for the counties' illegal takings?
Liz Kramer, Minnesota's solicitor general, said the counties kept
the funds, but they were acting in accordance with state statute
and the properties were taken in the name of the state of
Minnesota.
Because of that involvement in the forfeitures, the Legislature is
poised to pay the $109 million settlement amount.
On March 22, 2024, Democratic-Farmer-Labor leaders released a
budget agreement detailing how much lawmakers will spend this year
over and above last year's two-year $72 billion budget. Gov. Tim
Walz, House Speaker Melissa Hortman, DFL-Brooklyn Park, and Senate
Majority Leader Erin Murphy, DFL-St. Paul, announced a $477 million
agreement, which included the settlement. But it explained nothing
about it, even though it takes up nearly 23% of the spending
agreement.
"This is a responsible, thoughtful agreement that maintains a
balanced budget while funding our state's most urgent needs for
critical infrastructure, public safety, and emergency services,"
Walz said in a statement.
Last week, Walz also released his own budget proposal; it did not
include the settlement.
Kramer said the Office of the Attorney General has been in "a lot
of regular communication" with leaders about the need to pay for
the settlement. The state and the plaintiffs' lawyers in the class
action suits came to an agreement of the settlement's basic terms
on Feb. 28, Kramer said.
The parties agreed to a settlement that includes properties
affected by the tax forfeiture practice going back seven years,
which covers about 6,000 Minnesota properties, Kramer said.
The $109 million will go into a fund, and Kramer said the
Legislature should allocate the funds as soon as possible so the
state saves money on interest.
Although the Supreme Court struck down the current forfeiture law,
the Legislature hasn't passed a new one yet, leaving many
properties in legal limbo. Once the Legislature passes a new tax
forfeiture law, counties will begin to sell the properties they've
seized in the past few years and give the surplus to the state,
which will be about $26 million back into the state's general
fund.
As part of the settlement, most property owners who file a claim
will be entitled to about 90% of the value of their property's
surplus, or the difference between what they owned in taxes and the
price at which the county sold it, Kramer said.
DFL lawmakers are carrying bills this session related to the
settlement. Sen. Grant Hauschild, DFL-Hermantown, is chief author
of the bill (SF4936) to create the account in which to deposit the
$109 million settlement. Rep. Sandra Feist, DFL-New Brighton, is
carrying a bill (HF4822/SF4985) to change the state's tax
forfeiture statutes in an attempt to make them constitutional in
light of the Supreme Court decision.
Rep. Aisha Gomez, DFL-Minneapolis, who is also chair of the House
Taxes Committee, told the Reformer that the Legislature must
fulfill its obligations by approving money for the settlement given
the state's role in crafting the law that's since been struck down
by the court.
"Definitely not an election year winner or something that anyone
was really excited to spend so much money on, but I've thought that
we should at least help very significantly all along, and there
wasn't much dissension about that" among other DFL lawmakers, she
said.
Kramer said the settlement was an example of "good government at
work."
"If this magically -- I'm knocking on wood here -- gets through the
Legislature . . . it feels like a miracle," Kramer said. "It's a
lot of money at stake and it just takes so many people to be
willing to put the public interest ahead of what might be their own
personal interests, and so we're really lucky that all these
different parties and entities are willing to do that." [GN]
MOLSON COORS: Court Directs Parties to Confer Class Cert. Deadlines
-------------------------------------------------------------------
In the class action lawsuit captioned as Krechting, et al., v.
Molson Coors Beverage Company USA, LLC, Case No. 6:24-cv-00520
(M.D. Fla., Filed March 15, 2024), Hon. Judge Paul G. Byron entered
an order directing to confer regarding deadlines pertinent to a
motion for class certification and advise the Court of agreeable
deadlines in their case management report.
The deadlines should include a deadline for (1) disclosure of
expert reports - class action, plaintiff and defendant; (2)
discovery - class action; (3) motion for class certification; (4)
response to motion for class certification; and (5) reply to motion
for class certification.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Molson operates as a brewery. The Company brews, produces, and
markets beer in the United States.[CC]
NEW WORLD: Breedlove et al. Sue Over Apartment Mismanagement
------------------------------------------------------------
LAWONDA BREEDLOVE, CATRESA MONTGOMERY, LOVESTER MONTGOMERY, FUQUAN
THOMAS, SHEKITA WHITFIELD, GRECIA BOZEMAN, and JOANNA MANZI, on
behalf of themselves and all others similarly situated, Plaintiffs,
v. NEW WORLD CONDOMINIUM APARTMENTS CONDOMINIUM ASSOCIATION, INC.,
individually and in a representative capacity on behalf of all
owners/members of the association, Defendant, Case No. 194284228
(Fla. Cir., 11th Judicial, Miami-Dade Cty., March 18, 2024) arises
from New World Condominium Apartments Condominium Association's and
Prestige Management's failures to address the fire alarm system,
fire safety measures, and make improvements to the roof and
cockloft area, among other things, contributed to the rapid spread
or exacerbation of the condominium fire and its damages on January
28, 2023.
The class action is brought on behalf of tenants who were displaced
and who lost all or most of their earthly belongings as a result of
a fire that should not have happened. In addition, the
association's property management company, Prestige Management,
acquired, hired, or secured the contractor, D.J.T.H, LLC, who was
unlicensed to perform work on the roof of a heavily populated
condominium, which presented a foreseeable risk of fire and loss.
New World Condominium Apartments Condominium Association, Inc. is a
Florida not-for-profit corporation based in Miami-Dade County,
Florida. The association is charged with maintaining and operating
the condominium property that has 86 residential units in 1996 per
the Declaration of Condominium recorded in the Official Records
Book of Miami-Dade County. [BN]
The Plaintiffs are represented by:
Dwayne A. Robinson, Esq.
Benjamin J. Widlanski, Esq.
Abe Andrew Bailey, Esq.
KOZYAK TROPIN & THROCKMORTON LLP
2525 Ponce de Leon Blvd., 9th Floor
Miami, FL 33134
Telephone: (305) 372-1800
Facsimile: (305) 372-3508
E-mail: drobinson@kttlaw.com
bwidlanski@kttlaw.com
abailey@kttlaw.com
- and -
Michael E. Levine, Esq.
STEWART TILGHMAN FOX BIANCHI & CAIN, P.A.
1 SE Third Avenue Suite 3000
Miami, FL 33131
Telephone: (305) 358-6644
Facsimile: (305) 358-4707
E-mail: mlevine@stfblaw.com
NEW YORK DRESS: Erkan Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against New York Dress
Online, LLC. The case is styled as Nihal Erkan, on behalf of
herself and all others similarly situated v. New York Dress Online,
LLC, Case No. 1:24-cv-02141 (E.D.N.Y., March 25, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NewYorkDress -- https://www.newyorkdress.com/ -- carries beautiful
dresses from top designers for weddings, prom, evening events and
more.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
NEW YORK, NY: Plaintiffs Seek to Certify Class & Subclass
---------------------------------------------------------
In the class action lawsuit captioned as L.T., on Behalf of Herself
and as Next Friend to Her Child, C.T., et al., v. New York City
Department of Education, et al., Case No. 1:23-cv-09826-MMG
(S.D.N.Y.), the Plaintiffs move the Court to enter an order,
pursuant to Federal Rule of Civil Procedure 23, certifying a class
and subclass.
The Plaintiffs' motion is based on all pleadings filed in this
action, the accompanying Memorandum of Law in Support of the Motion
for Class Certification, Subclass Certification, and for a
Preliminary Injunction, and the declarations of Jason H. Kim, Esq.
and Elisa F. Hyman, Esq. in support, as well as the exhibits
attached thereto, and such oral arguments and evidence as may be
presented at the hearing on the motion.
New York City Department of Education (NYCDOE) is the department of
the government of New York City that manages the city's public
school system.
The Plaintiffs include E.W., on Behalf of Herself and as Next
Friend to Her Child, Z.K.; M.C., on Behalf of Herself and as Next
Friend to Her Child, G.L.; J.M., on Behalf of Herself and as Next
Friend to Her Children, J.M.1, T.M., and D.M.; C.B, on Behalf of
Herself and as Next Friend to Her Child, T.O.; K.D., on Behalf of
Herself and as Next Friend to Her Child, V.D.
The Defendants include The Board of Education of the City School
District of the City of New York; Chancellor David Banks, In His
Official Capacity, The City of New York.
A copy of the Plaintiffs' motion dated March 20, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=otoSsP at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason H. Kim, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY
300 S. Grand Ave., Suite 2700
Los Angeles, CA 90071
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: jkim@schneiderwallace.com
- and -
Elisa F. Hyman, Esq.
THE LAW OFFICE OF ELISA HYMAN, P.C.
1115 Broadway, 12th Floor
New York, NY 10010
Telephone: (646) 572-9064
Facsimile: 646-572-9065
E-mail: elisahyman@gmail.com
NICE GUYS: Fails to Pay Proper Wages, Cabrera Alleges
-----------------------------------------------------
ALEJANDRO CABRERA, individually and on behalf of all others
similarly situated, Plaintiff v. NICE GUYS LLC, Defendant, Case No.
CACE-24-003621 (Fla. Cir., Broward Cty., March 15, 2024) seeks to
recover from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Cabrera was employed by the Defendant as a driver.
NICE GUYS LLC is a Florida-based trucking company that provides
transportation and logistics services throughout the continental
United States. [BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
REMER, GEORGES-PIERRE &
HOOGERWOERD PLLC
2745 Ponce De Leon Blvd.
Coral Gables, FL 33134
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
Email: jremer@rgph.law
NORDICTRACK INC: Barclay Bid to Strike Pleading OK'd
-----------------------------------------------------
In the class action lawsuit captioned as Teeda Barclay, Nicole
Nordick, and Jay Ovsak, individually and on behalf of all others
similarly situated, v. NordicTrack, Inc., and iFit Health &
Fitness, Inc., formerly known as Icon Health & Fitness, Inc., Case
No. 0:19-cv-02970-ECT-DJF (D. Minn.), the Hon. Judge Eric Tostrud
entered an order granting the Plaintiffs' motion to strike pleading
as follows:
1. When deciding the Plaintiffs' motion for class certification
[ECF No. 195], the following submissions will not be
considered:
ECF Nos. 213-1, 213-2, 213-5, 213-6, 213-12, 213-13, 213-14.
2. The Plaintiffs' reply in support of class certification is
due
March 29, 2024.
The Plaintiffs allege that NordicTrack treadmills each of them
purchased cannot achieve or maintain the continuous horsepower the
Defendants represented the treadmills were capable of.
The Plaintiffs assert claims on their own behalf and on behalf of
proposed multi-state and Minnesota-specific classes of persons who
also purchased NordicTrack treadmills.
A hearing on the Plaintiffs' class-certification motion is
scheduled for April 22, 2024.
To oppose certification, the Defendants filed and relied on reports
prepared by the Defendants' merits experts. Plaintiffs contend that
this is improper under the operative scheduling order and move to
exclude the Defendants' merits expert reports under Federal Rule of
Civil Procedure Rule 16(f). The motion will be granted.
The parties' joint Rule 26(f) report and the Court's scheduling
order bifurcated class-certification expert discovery and merits
expert
discovery.
The deadlines for class-certification expert discovery were roughly
six months earlier than the deadlines for merits expert discovery.
The only good faith interpretation of the scheduling order is that
class-certification experts, and not merits experts, would be
considered when deciding Plaintiffs' motion for class
certification. Plaintiffs disclosed three class-certification
experts. Defendants disclosed none.
NordicTrack manufactures treadmills, strength training equipment,
ellipticals, exercise bikes, and accessories.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=9MrfXl at no extra
charge.[CC]
The Plaintiffs are represented by:
Christopher P. Renz, Esq.
Karl L. Cambronne, Esq.
Bryan L. Bleichner, Esq.
Jeffrey D. Bores, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Ave S UNIT 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
- and -
Wilbert B. Markovits, Esq.
Terence Coates, Esq.
Dylan J. Gould, Esq.
Justin C. Walker, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
19 E Court St 530
Cincinnati, OH 45202
Telephone: (855) 843-5442
- and -
Nathan D. Prosser, Esq.
HELLMUTH & JOHNSON PLLC
050 W 78th St
Minneapolis, MN 55439
Telephone: (952) 941-4005
The Defendants are represented by:
Courtney E. Ward-Reichard, Esq.
Amanda M. Cialkowski, Esq.
Cortney G. Sylvester, Esq.
NILAN JOHNSON LEWIS PA
250 Marquette Avenue South, Suite 800
Minneapolis, MN 55401
Telephone: (612) 305-7500
Facsimile: (612) 305-7501
- and -
Austin James Riter, Esq.
Andrew Collins, Esq.
Bryan Johansen, Esq.
Kade N. Olsen, Esq.
Terry Eugene Welch, Esq.
PARR BROWN GEE & LOVELESS
101 S 200 E 700
Salt Lake City, UT 84111
Telephone: (801) 532-7840
NORTH STAR INSURANCE: Friel Files TCPA Suit in M.D. Pennsylvania
----------------------------------------------------------------
A class action lawsuit has been filed against North Star Insurance
Advisors, LLC. The case is styled as Joseph Friel, individually and
on behalf of a class of all persons and entities similarly situated
v. North Star Insurance Advisors, LLC, Case No. 3:24-cv-00481-JKM
(M.D. Pa., March 19, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
North Star Insurance Advisors, LLC -- https://northstaria.com/ --
is a Life insurance agency and premium Final Expense Telesales
Insurance Agency.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
- and -
Jeremy C. Jackson, Esq.
BOWER LAW ASSOCIATES, PLLC
403 South Allen Street, Suite 210
State College, PA 16801
Phone: (814) 234-2626
Fax: (814) 237-8700
Email: jjackson@bower-law.com
NORTHEAST WORK: Obermeier Conditional Cert Bid Granted in Part
--------------------------------------------------------------
In the class action lawsuit captioned as DAVID OBERMEIER,
individually and on behalf of all others similarly situated, v.
NORTHEAST WORK & SAFETY BOATS, LLC, JACK CASEY, and LINDA CASEY,
Case No. 3:23-cv-00046-SVN (D. Conn.), the Hon. Judge Sarala Nagala
entered an order granting in part and denying in part the
Plaintiff's motion for conditional certification:
-- The motion is granted insofar as it seeks conditional
certification of Fair Labor Standards Act ("FLSA"), collective
and
denied insofar as it seeks conditional certification of
state-law
sub-collectives.
By March 29, 2024, the parties shall submit a revised proposed
notice and consent form in compliance with this ruling.
By April 9, 2024, the Defendants shall produce to Plaintiff's
counsel a list of the names, last known addresses, cell phone
numbers, and email addresses of all potential members of the FLSA
collective.
The Plaintiff alleges, individually and on behalf of all others
similarly situated, that Defendants failed to pay required overtime
wages in violation of the FLSA and failed to pay prevailing minimum
wages as required by New Jersey and Pennsylvania law.
The Plaintiff alleges that he is considered "on the clock" only
when the boat arrives at the bridge construction site. However, he
and other similarly situated employees were required to conduct
pre-travel safety checks on boats at the marina where they were
docked, and then take the boats from the marina to the worksite,
all of which took at least one hour per day, according to
Plaintiff. The Plaintiff alleges he and other similarly situated
employees should been compensated for that time pursuant to federal
law and, because they were not, they are owed unpaid wages and
overtime compensation under the FLSA.
The Plaintiff Obermeier was employed as a deckhand and boat captain
by Defendants.
Northeast is a subcontractor, providing safety and inspection crews
and work boats to general contractors who work on publicly-funded
bridge inspection, construction, and repair projects.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EH7uch at no extra
charge.[CC]
OFFICE DEPOT: Yount Suit Removed to W.D. Washington
---------------------------------------------------
The case captioned as Nicole Yount, individually and on behalf of
all others similarly situated v. OFFICE DEPOT, LLC, a Delaware
limited liability company doing business as OFFICE DEPOT; THE
OFFICE CLUB, LLC, a Delaware limited liability company doing
business as OFFICE DEPOT; and DOES 1-20, inclusive, was removed
from the Superior Court of the State of Washington in and for the
County of King, to the United States District Court for the Western
District of Washington on March 22, 2024, and assigned Case No.
2:24-cv-00392-RSL.
The Complaint set forth one cause of action against Defendants,
premised on Defendants' alleged use of job postings that do not
include the wage scales or salary ranges to be offered to hired
applicants. The Complaint is styled as a class action and asserts
allegations on behalf of a putative class under Washington Civil
Rule 23.[BN]
The Defendants are represented by:
Breanne Martell, Esq.
Derek Bishop, Esq.
Rebecca Schach, Esq.
LITTLER MENDELSON P.C.
One Union Square
600 University Street, Suite 3200
Seattle, WA 98101.3122
Email: bsmartell@littler.com
debishop@littler.com
rschach@littler.com
PEET'S COFFEE: Munoz et al. Sue Over Discriminatory Surcharges
--------------------------------------------------------------
VERONICA MUNOZ, JENNIFER WILKINSON, KATHERINE HETHERTON, and
MICHELLE IRWIN, individually and on behalf of all those similarly
situated, Plaintiffs v. PEET’S COFFEE, INC., a Virginia
Corporation, Defendant, Case No. 3:24-cv-01764-AGT (N.D. Cal.,
March 21,2024) arises from the Defendant's conduct that violated
the Americans with Disabilities Act, California Unruh Civil Rights
Act, Texas Human Resource Code, Massachusetts Anti-Discrimination
Law, and constituted common law unjust enrichment.
According to the complaint, the Defendant discriminates against
Plaintiffs and the putative class members by levying a Surcharge
for its Non-Dairy Alternatives in the form of Non-Dairy
Alternatives added to its coffee-based drinks and other beverages.
Accordingly, Plaintiffs also seek declaratory and injunctive relief
to ensure that Defendant charges the same price to lactose
intolerant customers and customers with milk allergies for the same
menu items as regular customers and that it does not add a
Surcharge for Non-Dairy Alternatives such as almond milk, oat milk
or other lactose-free "milk."
Headquartered in Emeryville, CA, Peet's operates over 280 coffee
stores in the United States and over 200 in the state of
California. [BN]
The Plaintiffs are represented by:
William M. Aron, Esq.
ARON LAW FIRM
15 West Carrillo Street, Suite 217
Santa Barbara, CA 93101
Telephone: (805) 618-1768
E-mail: bill@aronlawfirm.com
- and -
Bogdan Enica, Esq.
KEITH GIBSON LAW, P.C.
1200 N. Federal Highway, Suite 375
Boca Raton, FL 33432
Telephone: (305) 306-4989
E-mail: bogdan@keithgibsonlaw.com
- and -
Keith L. Gibson, Esq.
KEITH GIBSON LAW, P.C.
490 Pennsylvania Avenue Suite 1
Glen Ellyn, IL 60137
Telephone: (630) 677-6745
E-mail: keith@keithgibsonlaw.com
PETROPLEX ACIDIZING: Appeals Court Order in Dahl Suit to 10th Cir.
------------------------------------------------------------------
PETROPLEX ACIDIZING, INC. is taking an appeal from a court order in
the lawsuit entitled Darvin Dahl, individually and on behalf of all
others similarly situated, Plaintiff, v. Petroplex Acidizing, Inc.,
Defendant, Case No. 2:22-CV-00252-GJF-DLM, in the U.S. District
Court for the District of New Mexico.
The Plaintiff filed a complaint against the Defendant for its
failure to properly pay wages for all hours worked in violation of
the Fair Labor Standards Act.
On May 22, 2022, the Defendant filed a motion to dismiss, which the
Court denied through an Order entered by Magistrate Judge Gregory
J. Fouratt on Jan. 19, 2023. The Court concluded that (1) it has
personal jurisdiction over Defendant, (2) venue is proper in this
District, and (3) venue should not be transferred to the Western
District of Texas.
The Plaintiff then filed a motion for conditional certification,
which the Court granted in part and reserved ruling in part through
an Order entered by Judge Fouratt on Jan. 2, 2024.
On Jan. 16, 2024, the Defendant filed a motion to stay proceedings
in order to pursue interlocutory appeal, which the Court granted on
Jan. 22, 2024.
On Jan. 30, 2024, the Defendant filed a motion for certification
of interlocutory appeal, which the Court granted on Feb. 2, 2024.
The appellate case is captioned Dahl v. Petroplex Acidizing, Inc.,
Case No. 24-2038, in the United States Court of Appeals for the
Tenth Circuit, filed on March 12, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant Petroplex Acidizing, Inc.'s docketing statement,
transcript order form, notice of appearance, and disclosure
statement were due on March 26, 2024; and
-- Appellee Darvin Dahl's notice of appearance was due on March
26, 2024. [BN]
Plaintiff-Appellee DARVIN DAHL, individually and on behalf of all
others similarly situated, is represented by:
Curt Christopher Hesse, Esq.
Melissa Moore, Esq.
MOORE & ASSOCIATES
440 Louisiana Street, Suite 1110
Houston, TX 77002
Telephone: (713) 222-6775
Defendant-Appellant PETROPLEX ACIDIZING, INC. is represented by:
Jonathan C. Bond, Esq.
Miguel A. Estrada, Esq.
Lochlan Francis Shelfer, Esq.
GIBSON, DUNN & CRUTCHER
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: (202) 887-3704
(202) 955-8257
(443) 824-2122
- and -
Chelsea R. Green, Esq.
Richard E. Olson, Esq.
HINKLE SHANOR
P.O. Box 10
Rosewell, NM 88202
Telephone: (575) 622-6510
PHILIP MORRIS: Kelly Sues Over Nicotine-Based Products' False Ads
-----------------------------------------------------------------
ZACHARY KELLY v. PHILIP MORRIS INTERNATIONAL, INC., and SWEDISH
MATCH NORTH AMERICA, LLC, Case No. 0:24-cv-60437 (S.D. Fla., March
19, 2024) is a class action accusing the Defendants of engaging in
unlawful, unfair and deceptive business practices.
This action arises from Defendants' alleged false and deceptive
advertising of its product, "Zyn" nicotine pouches. Plaintiff
claims that Zyn has become increasingly popular especially among
teens, due to Defendants' increased marketing, with the product
often promoted as less harmful than other nicotine-based products
like cigarettes.
The Defendants falsely maintain that Zyn is a smokeless nicotine
replacement therapy from cigarettes or e-cigarettes. However, the
nicotine concentration levels in Zyn exceed the levels found in
other nicotine replacement therapies. Further, Defendants claim
that Zyn is "tobacco-free", which is a lie, because the nicotine in
Zyn is derived from tobacco. Defendants allegedly use various
flavors that appeal to young people in an attempt to lure them,
including non-tobacco users, into buying the product. The Plaintiff
began using Zyn as a teenager and was enticed by the flavors and
Defendants' deceptive advertising. The Plaintiff brings a claim for
design defect (strict liability), failure to warn (strict
liability), negligence, and fraud.
Headquartered in Stamford CN, Philip Morris is one of the world's
leading international tobacco companies. Philip Morris bought the
Zyn brand in 2022 after acquiring Zyn's maker, Swedish Match.
[BN]
The Plaintiff is represented by:
Jeffrey L. Haberman, Esq.
Scott P. Schlesinger, Esq.
Jonathan R. Gdanski, Esq.
SCHLESINGER LAW OFFICES, P.A.
1212 SE Third Avenue,
Fort Lauderdale, FL 33316
Telephone: (954) 467-8800
E-mail: jhaberman@schlesingerlaw.com
PODIUM CORP: Fails to Pay Overtime Wages, Hawthorne et al. Allege
-----------------------------------------------------------------
AUSTIN HAWTHORNE, ROSS MITCHELL, ZACHARY FOTIS, BRAYDEN CAMPBELL,
JOSH BAUMAN, SHAWN PEPPER, JOE CULLAR, JAKE MOSS, and MADELINE
CELL, individually and on behalf of all others similarly situated,
Plaintiffs v. PODIUM CORPORATION, INC., Defendant, Case No.
2:24-cv-00196 (D. Utah, March 15, 2024) seeks all available
remedies under the Fair Labor Standards Act.
One of the Plaintiffs, Austin Hawthorne, was employed by Podium in
California from approximately April 2022 through September 2022 as
a sales development representative. Plaintiff Hawthorne alleges
Podium did not pay overtime wages for hours worked over 40 in a
workweek even though Hawthorne worked more than 40 hours in a
workweek.
Based in Lehi, UT, Podium is incorporated in Delaware sells a
cloud-based software. [BN]
The Plaintiffs are represented by:
April Hollingsworth, Esq.
Katie Panzer, Esq.
HOLLINGSWORTH LAW OFFICE
1881 South 1100 East
Salt Lake City, UT 84105
Telephone: (801) 415-9909
Facsimile: (801) 303-7324
E-mail: april@aprilhollingsworthlaw.com
katie@aprilhollingsworthlaw.com
- and -
Sally J. Abrahamson, Esq.
WERMAN SALAS P.C.
335 18th Pl. NE
Washington D.C. 20002
Telephone: (202) 830-2016
Facsimile: (312) 419-1025
E-mail: sabrahamson@flsalaw.com
PRUCO LIFE INSURANCE: Faces California Advocates Class Suit
-----------------------------------------------------------
Pruco Life Insurance Co. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on March 20, 2023, that the Company faces
the California Advocates for Nursing class suit in California
Superior Court, Alameda County.
In January 2024, a putative class action complaint entitled
California Advocates for Nursing Home Reform v. The Prudential
Insurance Company of America and Pruco Life Insurance Company, et
al., was filed in California Superior Court, Alameda County,
alleging that the Company has failed to comply with California laws
requiring that life insurance policies issued or delivered in
California: (i) provide for a contractual 60-day grace period
pre-lapse during which a policy must stay in force; (ii) provide
policyholders and designees with notice of payment default within
30 days and a 30-day advance written notice of pending lapse; and
(iii) notify policyholders annually of their right to designate
additional recipients for lapse notices.
The complaint asserts claims for violation of California's Unfair
Competition law and seeks unspecified damages along with
declaratory and injunctive relief.
Pruco Life Insurance Co. offers individual life insurance,
variable
life insurance,term life insurance, and individual variable
annuities.[CC]
PUBLIC PARTNERSHIPS: Quitero FLSA Suit Removed to S.D. Florida
--------------------------------------------------------------
The case styled CARMEN VALDEZ QUITERO, and all others similarly
situated under 29 U.S.C. 216 (b), v. PUBLIC PARTNERSHIPS, LLC.,
Case No. 2023-000441-CA-01, was removed from the Circuit Court of
the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, to the United States District Court for the Southern
District of Florida, Miami Division on March 20, 2024.
The Clerk of Court for the Southern District of Florida assigned
Case No. 1:24-cv-21082 to the proceeding.
The case arises from the Defendant's alleged violations of the Fair
Labor Standards Act.
Public Partnerships, LLC is a financial management services
provider based in Alpharetta, GA. [BN]
The Defendant is represented by:
Dion J. Cassata, Esq.
JACKSON LEWIS P.C.
One Biscayne Tower, Suite 3500
Two South Biscayne Boulevard
Miami, FL 33131
Telephone: (305) 577-7600
Facsimile: (305) 373-4466
E-mail: dion.cassata@jacksonlewis.com
QUALITY INSTALLATIONS: Wilk Conditional Cert Bid Partly OK'd
------------------------------------------------------------
In the class action lawsuit captioned as PATRYK WILK, PAWEL
KOTWICA, PAWEL WIACEK, TOMASZ WISLOCKI AND FELIX LEWIS,
individually and on behalf of all other persons similarly situated,
v. QUALITY INSTALLATIONS OF NY, INC., et al., Case No.
1:23-cv-06945-NRM-JAM (E.D.N.Y.), the Hon. Judge Joseph Marutollo
entered an order granting in part and denying in part the
Plaintiffs' motion for conditional certification as a collective
action under the Fair Labor Standards Act ("FLSA").
The Court further entered an order that:
(1) by April 2, 2024, the Defendants are to produce to the
Plaintiffs a spreadsheet including the names, dates of
employment, positions held, last known addresses, and email
addresses for all furniture installers and drivers who were
employed by the Corporate Defendants at any time from
Sept. 19, 2020 to the present;
(2) the parties shall meet and confer in good faith, and, by
April
9, 2024, the parties shall file a revised Proposed Notice,
Proposed Consent to Join Form, and Proposed Reminder Notice
that complies with the directives set forth herein;
(3) by May 1, 2024, Plaintiffs or their designated
representative
shall cause a copy of the Notice and Consent to Join Form to
be
disseminated to the covered employees by first class mail
and email. The Reminder Notice shall be disseminated to the
covered employees by first class mail and email by June 15,
2024.
The Plaintiffs seek conditional certification of a collective class
of "furniture installers and drivers who were and are currently
employed by the Corporate Defendants at any time between Sept. 19,
2017 through the present."
The Plaintiffs commenced this action on Sep. 19, 2023, alleging
that their former employers, Corporate Defendants, along with
individually-named defendants, failed to pay them regular wages and
overtime wages for work performed in violation of the FLSA, and New
York Labor Law ("NYLL"), and failed to provide them with wage
statements and notices. The Plaintiffs also bring breach of
contract and quantum meruit claims.
Quality is engaged in the business of carpentry, construction
services, and office furniture installation.
The Defendants include QUALITY INSTALLATIONS OF NEW YORK 2, INC.,
EAST COAST OFFICE FURNITURE INC., ANTONY PERLICKI, DANIEL PERLICKI,
MAREK BABULA, ANNA PERLICKA, GRZEGORZ NOWAK, GRZEGORZ ZUBER,
SEBASTIAN PLOSZEJ, PIOTR MILEWKI, RONALD RAMCHARRAN, RACH KLEPADLO,
and SYLVESTER SADOWSKI.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=bGDdwL at no extra
charge.[CC]
REDWIRE CORP: Continues to Defend Exchange Act Class Suit
---------------------------------------------------------
Redwire Corp. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on March 20, 2023, that the Company continues
to defend itself from the Exchange Act-related class suit in the
United States District Court for the Middle District of Florida.
On December 17, 2021, the Company, its CEO, Peter Cannito, and, its
then current, but now former CFO, William Read, were named as
defendants in a putative class action complaint filed in the United
States District Court for the Middle District of Florida.
In the complaint, the plaintiff alleges that the Company and
certain of its directors and officers made misleading statements
and/or failed to disclose material facts about the Company's
business, operations, and prospects, allegedly in violation of
Section 10(b) (and Rule 10b-5 promulgated thereunder) and Section
20(a) of the Exchange Act.
As relief, the plaintiffs are seeking, among other things,
compensatory damages.
The defendants believe the allegations are without merit and intend
to defend the suit vigorously.
On August 16, 2022, the defendants moved to dismiss the complaint
in its entirety, and such motion was denied by the Court on March
22, 2023.
However, given the current stage of the proceedings, a reasonable
estimate of the amount of any possible loss or range of loss cannot
be made at this time.
Redwire is an American aerospace manufacturer and space
infrastructure technology company.[CC]
REDWIRE CORP: Court Extends Class Certification Deadlines
---------------------------------------------------------
In the class action lawsuit captioned as LEMEN v. REDWIRE
CORPORATION, et al., Case No. 3:21-cv-01254 (M.D. Fla., Filed Dec.
17, 2021), Hon. Judge Timothy J. Corrigan entered an order granting
joint time-sensitive motion for extension of outstanding deadlines
as to lead Plaintiff's motion for class certification to the extent
that the deadline for defendants to respond to plaintiffs' motion
for class certification is extended until April 24, 2024 and
plaintiffs' reply will be due no later than June 20, 2024.
The suit alleges violation of Securities Exchange Act.
Redwire is an American aerospace manufacturer and space
infrastructure technology company headquartered in Jacksonville,
Florida.
The company was formed on June 1, 2020, by the private equity firm
AE Industrial Partners.[CC]
REDWIRE CORP: Parties Seek More Time for Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as JED LEMEN, Individually
and on Behalf of All Others Similarly Situated, v. REDWIRE
CORPORATION f/k/a GENESIS PARK ACQUISITION CORP., PETER CANNITO,
and WILLIAM READ, Case No. 3:21-cv-01254-TJC-PDB (M.D. Fla.), the
Parties request the Court to enter an order:
(a) extending the Defendants' deadline to respond to the Class
Certification motion to April 24, 2024;
(b) extending Lead Plaintiff's deadline to file a reply to June
20,
2024; and
(c) granting any such further relief as the Court deems
necessary
and proper.
The deposition of Lead Plaintiff was originally scheduled for March
6, 2024. However, due to unforeseen medical circumstances that
arose the evening before the deposition relating to Lead
Plaintiff's wife, who is pregnant, the deposition was cancelled,
the Parties said.
The Lead Plaintiff and the Defendants are not able to reschedule
the deposition of Lead Plaintiff until April 10, 2024, which is
after the Defendants' response to the class certification motion is
currently due.
Redwire is an American aerospace manufacturer and space
infrastructure technology company.
A copy of the Parties' motion dated March 20, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=EmoEc5 at no extra
charge.[CC]
The Plaintiff is represented by:
Reed R. Kathrein, Esq.
Lucas E. Gilmore, Esq.
Steve W. Berman, Esq.
Peter A. Schaefffer, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw.com
lucasg@hbsslaw.com
steve@hbsslaw.com
PeterSh@hbsslaw.com
- and -
Brian Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 90067
Telephone: (424) 303-1964
E-mail: brian@schallfirm.com
- and -
David M. Buckner, Esq.
BUCKNER + MILES
2020 Salzedo Street, Suite 302
Coral Gables, FL 33134
Telephone: (305) 964-8003
Facsimile: (786) 523-0485
E-mail: david@bucknermiles.com
The Defendants are represented by:
Alfred J. Bennington, Jr., Esq.
Glennys Ortega Rubin, Esq.
H. Timothy Gillis, Esq.
Jeffrey S. York, Esq.
SHUTTS & BOWEN LLP
300 South Orange Avenue, Suite 1600
Orlando, FL 32801
Telephone: (407) 835-6755
Facsimile: (407) 849-7255
E-mail: bbennington@shutts.com
grubin@shutts.com
tgillis@shutts.com
jyork@shutts.com
REPUBLIC SERVICES: Plaintiffs Seek to Certify 2 Classes
--------------------------------------------------------
In the class action lawsuit captioned as BUFFALO SEAFOOD HOUSE LLC,
BUDGET INNS OF PENSACOLA, INC. d.b.a. PALM COURT INN, and GARIBIAN
& ASSOCIATES ACCOUNTANCY CORPORATION, v. REPUBLIC SERVICES, INC.,
et alCase No. 7:22-cv-01242-RMG (D.S.C.), the Plaintiffs asks the
Court to enter an order granting their motion and certifying the
proposed classes:
-- The Rate Increase Class
"All entities and people who reside in the United States who,
from
January 1, 2017 through the date of class notice, entered into
a
Rate Adjustments provision that allows for increases to "adjust
for" increases in costs or CPI and paid rates to Republic in
excess of those originally listed in the written contract as a
result of Republic's YMP policy;"
-- The Fees Class
"All entities and people who reside in the United States who,
from
Jan. 1, 2017 through the date of class notice, entered into a
Rate Adjustments provision that allows for increases to "adjust
for" increases in costs or CPI and paid Fuel Recovery Fees
and/or
Environmental Recovery Fees to Republic."
The Plaintiffs also seek certification of two subclasses for
entities and people who reside in California and Florida. Excluded
from these Classes are entities and people who reside in Alabama,
Arkansas,
Missouri, New Jersey, Oklahoma and Kentucky.
The Plaintiffs' proposed Rate Increase Class and Fees Class satisfy
the requirements for class certification. Numerosity is satisfied
as the class exceeds 100,000 members. Numerous common questions
exist because the Plaintiffs' claims turn on Republic's YMP Rate
Increase and Fee policies and practices, as well as a standardized
Rate Adjustments contractual provision.
The Plaintiffs also seek that Duffy & Young, LLC and Price
Armstrong, LLC will continue to fairly and adequate represent the
Classes after certification.
Republic is a North American waste disposal company whose services
include non-hazardous solid waste collection, waste transfer, waste
disposal, recycling, and energy services.
A copy of the Plaintiffs' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=VLD9tC at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian C. Duffy, Esq.
Patrick C. Wooten, Esq.
DUFFY & YOUNG, LLC
96 Broad Street
Charleston, SC 29401
Telephone: (843) 720-2044
E-mail: bduffy@duffyandyoung.com
pwooten@duffyandyoung.com
- and -
Oscar M. Price, IV, Esq.
Nicholas W. Armstrong, Esq.
PRICE ARMSTRONG, LLC
1919 Cahaba Road
Birmingham, AL 35223
Telephone: (205) 208-9588
E-mail: oscar@pricearmstrong.com
nick@pricearmstrong.com
- and -
T. Ryan Langley, Esq.
HODGE & LANGLEY, PC
229 Magnolia Street
Spartanburg, SC 29304
Telephone: (850) 222-2000
E-mail: rlangley@hodgelawfirm.com
- and -
H. Ryan Lutz, Esq.
CORY WATSON PC
2131 Magnolia Avenue South
Birmingham, AL 35205
Telephone: (205) 328-2200
E-mail: rlutz@corywatson.com
SAMUEL SON & CO: Henderson Labor Suit Removed to C.D. California
----------------------------------------------------------------
The case styled RODERICK HENDERSON v. SAMUEL, SON & CO. USA, INC.,
et al., Case No. CVR12400772, was removed from the Superior Court
of the State of California for the County of Riverside, to the
United States District Court for the Central District of California
on March 20, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 5:24-cv-00595 to the proceeding.
The case arises from the Defendants' alleged labor law violations,
including, among others, failure to pay hourly wages and overtime,
failure to provide meal and rest periods, failure to pay proper
sick pay, failure to provide accurate wage statements, and failure
to timely pay all final wages.
Headquartered in Woodridge, IL, Samuel, Son, & Co. is a Canadian
multinational company specializing in metal, processing,
distribution, and industrial products. [BN]
The Defendant is represented by:
Christopher W. Decker, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239-9045
E-mail: christopher.decker@ogletree.com
SECURITY ENFORCEMENT: Herrera Seeks Security Guards' Unpaid Wages
-----------------------------------------------------------------
GUILLERMO HERRERA, individually and on behalf of all others
similarly situated v. SECURITY ENFORCEMENT ALLIANCE, INC., a
California Corporation and DOES 1-50, inclusive, Case No.
24CV068272 (Cal. Super., Alameda Cty., March 19, 2024) accuses the
Defendants of multiple violations of the California Labor Code.
The Plaintiff was employed by Defendant Security Enforcement
Alliance in August 2023 as a non-exempt security guard at its
Oakland, CA location until his separation from Defendant's
employment in approximately January 2024. The Plaintiff alleges
that Defendant failed to compensate its non-exempt employees,
including Plaintiff, for all hours worked, resulting in
underpayment of minimum and overtime wages. The Defendant allegedly
committed several other Labor Code violations, including failure to
provide meal and rest periods, failure to provide accurate wage
statements, and failure to reimburse necessary business expenses,
says the Plaintiff.
Security Enforcement Alliance operates as a security company and is
headquartered in California. [BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
Lauren Falk, Esq.
Ava Issary, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
Lauren@jameshawkinsaplc.com
Ava@jameshawkinsaplc.com
SEWON AMERICA: Heredia & Mondragon Sue Over Unfair Work Conditions
------------------------------------------------------------------
JIMMY RUIZ HEREDIA and EDGAR EMMANUEL SERRANO MONDRAGON,
individually and on behalf of all others similarly situated,
Plaintiffs v. SEWON AMERICA, INC., and TOTAL EMPLOYEE SOLUTION
SUPPORT, LLC, Defendants, Case No. 3:24-cv-00050-TCB-RGV (N.D. Ga.,
March 15, 2024) arises from the Defendants' alleged fraud,
discrimination, and wage violations against foreign workers who
were exploited as part of an illegal scheme for cheap labor in the
automotive manufacturing facility operated by Defendant Sewon
America, Inc. in Lagrange, GA.
The Plaintiffs are professional engineers from Mexico who were
promised professional-level engineering jobs that would qualify for
the "Trade NAFTA" or "TN" visa program but were instead lured to
the U.S. to perform non-qualifying manual labor under
discriminatory and unsafe working conditions. Moreover, Plaintiffs
assert claims for breach of contracts of employment and for
violations of the Fair Labor Standards Act and Georgia Racketeer
Influenced and Corrupt Organizations Act.
Based in LaGrange, GA, Sewon America, Inc. is a Georgia limited
liability company that operates an automotive parts manufacturing
plant. It is a subsidiary of the Sewon Technology Co., Ltd., one of
the affiliated companies of South Korea's Sewon Group. [BN]
The Plaintiffs are represented by:
Brian J. Sutherland, Esq.
Rachel Berlin Benjamin
BEAL, SUTHERLAND, BERLIN & BROWN, LLC
2200 Century Parkway NE Suite 100
Atlanta, GA 30345
Telephone: (678) 439-0330
E-mail: brian@beal.law
rachel@beal.law
- and -
Justin B. Connell, Esq.
Andrew C. Suarez, Esq.
ELARBEE, THOMPSON, SAPP & WILSON, LLP
800 International Tower
229 Peachtree Street, N.E.
Atlanta, GA 30303
Telephone: (404) 659-6700
E-mail: connell@elarbeethompson.com
suarez@elarbeethompson.com
SIKA CORP: Jon Tate et al. Sue Over Price Fixing of CCAs
--------------------------------------------------------
JON TATE CONSTRUCTION, LLC and JON S. GARRETT d/b/a BLACK RIVER
MASONRY, on behalf of themselves and all others similarly situated,
Plaintiffs v. SIKA CORPORATION; SIKA AG; CHRYSO, INC.; GCP APPLIED
TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT- GOBAIN
NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC;
MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN,
INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; and DOES
1-10, Defendants, Case No. 3:24-cv-00164-CWR-LGI (S.D. Miss., March
21, 2024) arises from Defendants' unlawful agreement to fix the
prices for (a) concrete admixtures, (b) cement additives, and (c)
admixtures for mortar (collectively, "CCAs").
The Defendants' unlawful agreement caused indirect purchasers of
CCAs in the United States, including Plaintiffs and the Class, to
pay supra-competitive prices for CCAs sold by Defendants in the
United States and its territories since May 11, 2018, in violation
of state antitrust, consumer protection, and unjust enrichment
laws, as well as Sections 1 and 3 of the Sherman Act. Moreover,
Defendants' scheme included both price increases and the imposition
of surcharges on CCAs sold in the United States.
The origins of Defendants' conspiracy can be traced to 2014, when
Compagnie de Saint-Gobain S.A. launched a hostile takeover of Sika
AG. Over the next four years, Compagnie de Saint-Gobain S.A.
attempted to consolidate its control of Sika AG, ultimately
acquiring nearly a quarter of Sika AG’s stock; however, on May
11, 2018, Compagnie de Saint-Gobain S.A. abandoned its takeover
attempt, and agreed to reduce its stake to more than ten percent
that it would hold for at least two years, says the suit.
Headquartered in Lyndhurst, NJ, Sika Corporation is a New Jersey
corporation that manufactures and sells CCAs in the United States,
directly and/or through its predecessors, affiliates, or
subsidiaries. It has approximately 36 locations throughout North
America, including 28 in the United States. [BN]
The Plaintiffs are represented by:
Sarah Sterling Aldridge, Esq.
John W. ("Don") Barrett, Esq.
Katherine Barrett Riley, Esq.
BARRETT LAW GROUP, P.A.
P.O. Box 927
404 Court Square North
Lexington, MS 39095-0927
Telephone: (662) 834-9168
Facsimile: (662) 834-2628
E-mail: saldridge@barrettlawgroup.com
dbarrett@barrettlawgroup.com
kbriley@barrettlawgroup.com
SINCLAIR INC: Discloses Personal Info Third Parties, Hyman Claims
-----------------------------------------------------------------
TRACY HYMAN, individually and on behalf of similarly situated
individuals, Plaintiff v. SINCLAIR, INC. a Maryland corporation,
Defendant, Case No. 2:24-cv-02168 (C.D. Cal., March 18, 2024) seeks
to stop Defendant's unlawful disclosure of its customers'
personally identifiable information (PII) and seeks redress for all
those who have been harmed by Defendant's misconduct under the
Video Privacy Protection Act, which prohibits the disclosure of
consumers' video viewing history without their informed, written
consent.
Despite not obtaining informed, written consent from its
Subscribers which is distinct and separate from any form setting
forth other legal obligations, Defendant discloses its Subscribers'
PII to various third parties. A live data-traffic analysis of
Defendant's website shows that Defendant discloses its Subscribers'
PII to Alphabet, Inc. (Google) by utilizing a Google Analytics
Pixel to track every interaction that a Subscriber has while
viewing Tennischannel.com, as well as to Easelive.tv, a provider of
ad-integration services to streaming companies such as Defendant,
says the suit.
Headquartered in Hunt Valley, MD, Sinclair, Inc. is the operator of
Tennischannel.com, one of the most popular sports streaming
services in the country dedicated to providing prerecorded and live
coverage of tennis and other racquetball sports. [BN]
The Plaintiff is represented by:
Eugene Y. Turin, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, IL 60601
Telephone: (312) 893-7002 Ex. 3
Facsimile: (312) 275-7895
E-mail: eturin@mcgpc.com
SOLAREDGE TECHNOLOGIES: Hirani Alleges Breach of Fiduciary Duties
-----------------------------------------------------------------
ABDUL HIRANI, Derivatively on Behalf of Nominal Defendant SOLAREDGE
TECHNOLOGIES, INC., Plaintiff v. ZVI LANDO, RONEN FAIER, NADAV
ZAFRIR, BETSY ATKINS, MARCEL GANI, DANA GROSS, DIRK HOKE, AVERY
MORE, and TAL PAYNE, Defendants, and SOLAREDGE TECHNOLOGIES, INC.,
Nominal Defendant, Case No. 1:24-cv-01948 (S.D.N.Y., March 15,
2024) seeks to remedy Defendants' breaches of fiduciary duties and
violations of federal law.
Plaintiff Hirani brings this shareholder derivative action on
behalf of SolarEdge against certain current and former officers and
members of the Company's Board for breaches of their fiduciary
duties to the Company and its stockholders between May 3, 2023 and
October 19, 2023. Throughout the said period, the Individual
Defendants continuously touted the Company's financial success,
particularly the growth of the Company's market in Europe, and the
increased business revenue. Specifically, the Individual Defendants
failed to disclose to investors that: the Company's European
distribution channels had high inventory levels; the Company was
experiencing a significant amount of cancellations and pushouts of
existing backlog from its European distributors; and that the
Company's backlog and guidance was overstated, says the suit.
SolarEdge is a Delaware corporation that designs, develops, and
sells an intelligent inverter solution designed to maximize power
generation at the individual photovoltaic module level. Its common
stock trades on the NASDAQ under the ticker symbol "SEDG." [BN]
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Timothy J. MacFall, Esq.
Gina M. Serra, Esq.
Vincent A. Licata, Esq.
RIGRODSKY LAW, P.A.
825 East Gate Boulevard, Suite 300
Garden City, NY 11530
Telephone: (516) 683-3516
E-mail: sdr@rl-legal.com
tjm@rl-legal.com
gms@rl-legal.com
vl@rl-legal.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
E-mail: jgrabar@grabarlaw.com
STATE FARM: Chadwick Wins Bid for Class Certification
------------------------------------------------------
In the class action lawsuit captioned as ROSE CHADWICK, on behalf
of herself and all others similarly situated, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, Case No. 4:21-cv-01161-DPM (E.D.
Ark.), the Hon. Judge D.P. Marshall Jr. entered an order:
-- Denying the motions to exclude expert;
-- Partly granting and partly denying State Farm's motion for
summary
judgment; and
-- Granting Chadwick's motion for class certification.
The Court certifies the class as defined to pursue Chadwick's
breach claim. The Court directs the parties to do some targeted
discovery to provide the Court a firmer number on class size. The
Court also directs the parties to confer and make a proposal about
the
form, substance, and method of notice. Joint report on class size
and
notice issues due by 30 April 2024.
The suit states that Rose Chadwick totaled her car in an accident.
State Farm Mutual Automobile Insurance Company was her insurer.
State Farm had promised to pay her the actual cash value of her
car, minus a deductible. State Farm used Audatex, an appraisal
vendor, to calculate that amount.
Audatex issued a report specifying the actual cash value of
Chadwick's car based on several factors. The report listed the
prices of four comparable vehicles advertised for sale online.
Audatex applied a "typical negotiation adjustment" of nine percent
to the listed
price of each. Chadwick says that this adjustment improperly
assumed that an insured like her would always be able to negotiate
a reduction in the list price of a comparable used vehicle. This
adjustment, she says, resulted in State Farm paying her less than
her car's pre-accident actual cash value.
Chadwick has sued State Farm, bringing claims for breach of
contract and declaratory judgment. State Farm moves to exclude two
of Chadwick's experts. She moves to exclude one of State Farm's
experts. State Farm also requests summary judgment on her claims.
Chadwick says the case should go forward and seeks certification of
a class of folks situated like her.
The Court certifies the following class under Fed. R. Civ. P.
23(b)(3):
"All persons who made a first-party claim on a policy of
insurance issued by State Farm Mutual Automobile Insurance
Company to an Arkansas resident where, from 29 November
2016
through the date an Order granting class certification is
entered, State Farm Mutual Automobile Insurance Company
determined that the vehicle was a total loss and based its
claim payment on an appraisal report from Audatex where a
typical negotiation deduction was applied to at least one
comparable vehicle."
State Farm is a group of mutual insurance companies throughout the
United States.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=XQke3d at no extra
charge.[CC]
SYMBRIA INC: Employee Stock Plan Class Suit Goes Trial
------------------------------------------------------
Jacklyn Wille of Bloomberg Law reports that Participants in Symbria
Inc.'s employee stock ownership plan can go to trial in their class
action saying they were forced to overpay for stock in the company
during a 2015 transaction.
The participants proved their underlying claims for prohibited
transactions under the Employee Retirement Income Security Act, and
a trial is needed to determine whether the lone defendant in the
case, stock plan trustee Argent Trust Co., can escape liability by
relying on one of the statute's exemptions, Judge Sara L. Ellis of
the US District Court for the Northern District of Illinois said.
[GN]
T&T FARMS: Porter Seeks to Certify Class of Drivers
---------------------------------------------------
In the class action lawsuit captioned as MICHAEL PORTER, an
individual, individually and on behalf of all others similarly
situated, v. T&T FARMS, INC., an Indiana Corporation; and THOMAS
HALLECK, JR., an individual, Case No. 3:21-cv-00529-DRL-MGG (N.D.
Ind.), the Plaintiff asks the Court to enter an order certifying
the following Plaintiff Class:
"All current and former Drivers who leased trucks and drove
for
T&T Farms pursuant to an Independent Contractor Agreement
and
had deductions taken from their compensation for a truck
lease
payment in any week within the United States at any time
during
the period beginning six years prior to the filing of this
Complaint, and continuing through the resolution of this
action."
The Plaintiff further moves the Court to appoint him Class
Representative, and to appoint his attorneys as Class Counsel.
T&T is an active interstate freight carrier.
A copy of the Plaintiff's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=4RhCMZ at no extra
charge.[CC]
The Plaintiff is represented by:
Richard E. Shevitz, Esq.
Scott D. Gilchrist, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2495
E-mail: rshevitz@cohenandmalad.com
sgilchrist@cohenandmalad.com
- and -
Robert S. Boulter, Esq.
LAW OFFICES OF ROBERT S. BOULTER
1101 5th Ave 310
San Rafael, CA 94901
Telephone: (415) 233-7100
E-mail: rsb@boulter-law.com
THOMPSON MATCHBOX: Cosham Sues Over Servers' Unpaid Wages
---------------------------------------------------------
JON R. COSHAM, ELIZABETH COSHAM, JULIO LOARCA, HAILEE CARDENAS,
PHILLIP YOUNG, EVELIN REYES and ARIA PALOMO individually and on
behalf of all others similarly situated v. THOMPSON MATCHBOX
VENTURES LLC D/B/A MATCHBOX RESTON STATION and THOMPSON HOSPITALITY
CORPORATION, Case No. 1:24-cv-00430 (E.D. Va., March 19, 2024)
accuses the Defendants of violating the Fair Labor Standards Act,
the Virginia Minimum Wage Act, and the Virginia Wage Payment Act.
The Plaintiffs were employed as "tipped employees" by Defendants,
working as servers and/or bartenders at Matchbox Reston Station
between November 2021 and August 2022. Throughout their respective
periods of employment, Plaintiffs and similarly situated employees
spent a substantial amount of their time performing non-tipped
duties relating to or supporting their tipped duties, occupying an
average of approximately 30% of Plaintiffs' time during any given
workweek. However, Defendants failed to pay Plaintiffs the minimum
wages mandated by the FLSA and the VMWA and instead sought to avail
themselves of the "tip credit" provisions of those statutes, paying
Plaintiffs at a rate below the applicable minimum wage. The
Defendants also allegedly withheld tips from some of the Plaintiffs
on several occasions, says the suit.
Based in Reston, VA, Thompson Matchbox Ventures LLC operates
restaurants in multiple states, including the Matchbox Reston
Station in Reston, VA. [BN]
The Plaintiffs are represented by:
J. Barrett Kelly, Esq.
ALAN LESCHT & ASSOCIATES, P.C.
1825 K St., NW, Suite 750
Washington, DC 20006
Telephone: (202) 315-1742
Facsimile: (202) 463-6067
E-mail: Barrett.kelly@leschtlaw.com
TRANS UNION: Faces Reyes Suit Over FCRA Violations
--------------------------------------------------
MARVIN REYES, individually and on behalf of all others similarly
situated, Plaintiff v. TRANS UNION, LLC, Defendant, Case No.
1:24-cv-21045-XXXX (S.D. Fla., March 18, 2024) seeks redress for
the Defedant's violations of the Fair Credit Reporting Act.
According to the complaint, Trans Union has violated the
requirements of FCRA Sections 1681i(a)(1) and (2) by failing to
reinvestigate disputed inquiries and failing to notify the source
of the inquiry about the consumer’s dispute. As a result, Trans
Union harmed Plaintiff and thousands like him across the United
States, and undercut the healthy functioning of the consumer credit
system by providing inaccurate and misleading credit history
information about consumers to potential creditors and service
providers.
Headquartered in Chicago, IL, Trans Union, LLC is one of the
largest credit reporting agencies in the United States and is
engaged in the business of assembling and disseminating credit
reports concerning hundreds of millions of consumers. [BN]
The Plaintiff is represented by:
Joseph H Kanee, Esq.
MARCUS & ZELMAN, LLC
4000 Ponce de Leon, Suite 470
Coral Gables, FL 33146
Telephone: (786) 369-1122
Facsimile: (732) 298-6256
E-mail: joseph@marcuszelman.com
TUBI INC: Appeals Arbitration Bid Denial in VPPA Suit to 7th Cir.
-----------------------------------------------------------------
TUBI, INC. is taking an appeal from a court order in the lawsuit
entitled Sylvia Campos, individually and on behalf of all others
similarly situated, Plaintiff, v. Tubi, Inc., Defendant, Case No.
1:23-cv-03843, in the U.S. District Court for the Eastern District
of Illinois.
As previously stated in the Class Action Reporter, the lawsuit is
brought against the Defendant for violations of the Video Privacy
Protection Act ("VPPA"), which prohibits the disclosure of
consumers' video viewing history without their informed, written
consent.
The Defendant filed a motion to compel arbitration. In the
alternative, meaning that if the Court declines to compel
arbitration, Tubi seeks dismissal of Campos's amended class action
complaint for failure to state a claim pursuant to Rule 12(b)(6).
In examining all the relevant circumstances, the Court finds that
Tubi has not established that it reasonably communicated the
existence of its Terms of Use ("TOU") to Campos. Accordingly,
Tubi's motions to compel arbitration and to dismiss were both
denied.
The appellate case is captioned Sylvia Campos v. Tubi, Inc., Case
No. 24-1368, in the United States Court of Appeals for the Seventh
Circuit, filed on March 11, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant Tubi, Inc.'s Docketing Statement was due on March
15, 2024;
-- Transcript information sheet was due on March 25, 2024;
-- Appellant's brief is due on or before April 29, 2024;
-- Appellee's brief due on or before May 29, 2024; and
-- Appellant's reply brief, if any, is due on or before June 20,
2024. [BN]
Plaintiff-Appellee SYLVIA CAMPOS, individually and on behalf of all
others similarly situated, is represented by:
Eugene Y. Turin, Esq.
MCGUIRE LAW P.C.
55 W. Wacker Drive
Chicago, IL 60601
Telephone: (312) 893-7002
Defendant-Appellant TUBI, INC. is represented by:
David C. Layden, Esq.
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, IL 60654
Telephone: (312) 923-2796
UNITED AIRLINES: Fails to Pay Proper Wages, Ogboroge Suit Claims
----------------------------------------------------------------
JONATHAN OGBOROGE, individually and on behalf of all others
similarly situated, Plaintiff v. UNITED AIRLINES, INC., Defendant,
Case No. 1:24-cv-02087 (E.D.N.Y., March 21, 2024) accuses the
Defendant of violating the New York Labor Law.
From 2015 to 2019, Plaintiff Ogboroge was employed by United as a
nonexempt, hourly paid Flight Attendant and was based out of
United's LaGuardia -Newark hub in New York City and Newark, New
Jersey. Plaintiff was required to clock in an hour prior to his
first flight of the day for domestic flights and an hour and
fifteen minutes prior for international flights. Plaintiff received
a certain stipend for this pre-flight wait time. The Plaintiff was
not paid their regular rate of pay until the doors close on the
plane prior to take off. In addition, the Defendant implemented a
practice of paying Flight Attendants based on a "Flight Advance"
without providing the actual hours worked and the applicable rates
of pay, every wage statement issued by United to the Flight
Attendants fails to reflect the actual hours worked with the
applicable rates of pay for the stated pay period. Additionally,
Plaintiff was, at all times, not paid for work performed within the
pay period within seven days of the end of their pay periods as
required by New York law, says the suit.
Headquartered in Chicago, IL, United Airlines, Inc. provides retail
air transportation in New York and on a national and international
basis. [BN]
The Plaintiff is represented by:
Catherine E. Anderson, Esq.
GISKAN SOLOTAROFF & ANDERSON LLP
90 Broad Street, 2nd Floor
New York, NY 10004
Telephone: (212) 847-8315
E-mail: canderson@gslawny.com
- and -
David R. Markham, Esq.
Maggie Realin, Esq.
THE MARKHAM LAW FIRM
888 Prospect St., Suite 200
La Jolla, CA 92037
Telephone: (619) 399-3995
Facsimile: (619) 615-2067
E-mail: dmarkham@markham-law.com
mrealin@markham-law.com
- and -
Ian Pancer, Esq.
THE LAW OFFICE OF IAN PANCER
105 West F St. #400
San Diego, CA. 92101
Telephone: (619) 955-6644
Facsimile: (619) 374-7410
E-mail: ian@sandiegolegal.net
- and -
Roosevelt N. Nesmith, Esq.
LAW OFFICE OF ROOSEVELT N. NESMITH LLC
400 Broadacres Drive, Suite 260
Bloomfield, NJ 07003
Telephone: (973) 259-6990
Facsimile: (866) 848-1368
E-mail: roosevelt@nesmithlaw.com
UNITED STATES: Fogg Sues for Racial Discrimination in Employment
----------------------------------------------------------------
MATTHEW FOGG, individually and on behalf of a class of all other
persons similarly situated v. MERRICK GARLAND, U.S. Attorney
General, Department of Justice, Case No. 1:24-cv-00792-CRC (D.D.C.,
March 19, 2024) accuses the Defendant of violating the Civil Rights
Act.
This action arises from the alleged longstanding policies and
practices of racial discrimination in employment implemented by the
United States Marshal Service. The Plaintiff is an African American
and a former Deputy United States Marshal (DUSM). He alleges that
Black employees are denied employment opportunities at the USMS in
favor of less senior, less qualified White employees. Black
employees are also handed down greater and more severe penalties
for infractions in disciplinary proceedings compared to their White
counterparts.
The USMS allegedly harassed and retaliated against Plaintiff and
similarly situated Class members because of their efforts to
enforce equal opportunity and non-discrimination in federal
employment. Plaintiff further claims that the USMS has a long,
documented history of continuing systematic discrimination against
African Americans. The Plaintiff seeks damages, litigation costs
and expenses, back pay, lost benefits and equitable monetary relief
for lost compensation, and any other equitable relief.
Merrick Garland is the Attorney General of the U.S. Department of
Justice, under which the USMS operates. [BN]
The Plaintiff, of Washington, DC, appears pro se.
UNITED STATES: Rodriguez et al. Seek Humanitarian Parole
--------------------------------------------------------
Mariselis FERRAL RODRIGUEZ et al., Plaintiffs v. ALEJANDRO
MAYORKAS, in his official capacity as the United States Secretary
of Homeland Security, ANTONY BLINKEN, in his official capacity as
the United States Secretary of State, Defendants, Case No.
4:24-cv-00977 (S.D. Tex., March 18, 2024) seeks declaratory and
injunctive relief against the Department of Homeland Security and
the United States Department of State on behalf of over 400,000
Cuban people who are fleeing from economic crisis and a
totalitarian regime.
The Plaintiffs brings this class action against the defendants for
refusing to comply with federally mandated duties under the Cuban
Refugee Adjustment Act of 1966, the Immigration and Nationality Act
of 1952, and Title 8 of the Code of Federal Regulations, and the
Administrative Procedure Act. The Plaintiffs allege that
Immigration and Customs Enforcement agents' blanket refusal to
grant humanitarian parole under Section 212(d)(5)(a) to the
proposed classes stands in opposition to agency guidance and
amounts to agency action that lacks reasoned consideration.
Alejandro Mayorkas is currently serving as the Secretary of the
DHS, a federal executive department responsible for public
security, roughly comparable to the interior or home ministries of
other countries. [BN]
The Plaintiffs are represented by:
Carlos Dantes Mejias
MEJIAS & ASSOCIATES PLLC
11451 Katy Freeway, Suite 505
Houston, TX 77079
Telephone: (832) 930-9983
E-mail: cdm@mejiasassociates.com
UNITED SUGAR: WNT LLC Sues Over Inflated Granulated Sugar Prices
----------------------------------------------------------------
WNT, LLC AND WNT FARMINGTON LLC, on behalf of themselves and all
others similarly situated, Plaintiffs v. UNITED SUGAR PRODUCERS &
REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION, AMERICAN
SUGAR REFINING, INC., ASR GROUP INTERNATIONAL, INC., DOMINO FOODS,
INC., CARGILL, INC., MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION,
INC., AND RICHARD WISTISEN, Defendants, Case No. 0:24-cv-00959 (D.
Minn., March 18, 2024) seeks to recover treble damages, injunctive
relief, and any other relief as appropriate, based on violations of
the Sherman Act and various state antitrust and consumer protection
laws by the Defendants.
Since at least January 1, 2019, Defendants and their
co-conspirators allegedly conspired and combined to fix, raise,
maintain, and stabilize prices for granulated sugar sold throughout
the United States. As a result of Defendants' combination and
conspiracy, granulated sugar prices in the United States have been
artificially inflated throughout the Class period, causing
Plaintiffs and other commercial, industrial, and institutional
indirect purchasers to suffer overcharges, says the suit.
Headquartered in Edina, MN, United Sugar Producers & Refiners
Cooperative sells granulated sugar primarily under the brand name
Crystal Sugar. The cooperative has four member-owners: United
States Sugar Corporation; American Crystal Sugar Company; Minn-Dak
Farmers Cooperative; and Wyoming Sugar Company, LLC. [BN]
The Plaintiffs are represented by:
Matthew W. Ruan, Esq.
Douglas A. Millen, Esq.
Michael E. Moskovitz, Esq.
FREED KANNER LONDON & MILLEN LLC
100 Tri-State International, Suite 128
Lincolnshire, IL 60069
Telephone: (224) 632-4500
E-mail: mruan@fklmlaw.com
dmillen@fklmlaw.com
mmoskovitz@fklmlaw.com
- and -
Kimberly A. Justice, Esq.
Jonathan M. Jagher, Esq.
FREED KANNER LONDON & MILLEN LLC
923 Fayette Street
Conshohocken, PA 19428
Telephone: (610) 234-6486
E-mail: kjustice@fklmlaw.com
jjagher@fklmlaw.com
- and -
Heidi M. Silton, Esq.
Jessica N. Servais, Esq.
Joseph C. Bourne, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: hmsilton@locklaw.com
jnservais@locklaw.com
jcbourne@locklaw.com
- and -
Kellie Lerner, Esq.
Benjamin D. Steinberg, Esq.
Ellen G. Jalkut, Esq.
Laura Song, Esq.
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Telephone: (212) 980-7400
E-mail: klerner@robinskaplan.com
bsteinberg@robinskaplan.com
ejalkut@robinskaplan.com
lsong@robinskaplan.com
- and -
Jonathan M. Shapiro, Esq.
AETON LAW PARTNERS LLP
311 Centerpoint Drive
Middletown, CT 06475
Telephone: (860) 724-2160
E-mail: jms@aetonlaw.com
VERIZON COMMUNICATIONS: April 15 Deadline Set for Claims Filing
---------------------------------------------------------------
Andrew Weil, writing for 9news.com, reports that some Verizon
wireless customers could soon be entitled to part of a proposed
$100 million settlement that the company has agreed to pay to
settle a class action lawsuit.
But in order to get any money, which could be up to $100 each but
will likely be a lot less, you have to file a claim and now have
less than a month to apply.
The case involves a lawsuit where customers claimed Verizon charged
a monthly administration fee that "was unfair and not adequately
disclosed," something the company has continued to deny, according
to a claims website set up by a settlement administrator.
While agreeing to the proposed settlement to resolve the lawsuit,
Verizon has denied any wrongdoing and plans to continue to charge
the administration fee at the center of the lawsuit. As part of the
settlement, the company plans to adjust its customer agreement to
include revised disclosures about the charge.
"Verizon clearly identifies and describes its wireless consumer
Admin Charge multiple times during the sales transaction, as well
as in its marketing, contracts and billing," Rich Young, a
spokesperson for Verizon, said in a statement when the settlement
was announced earlier this year. "This charge helps our company
recover certain regulatory compliance, and network related costs.
As always, our Company stands committed to transparency and the
clear disclosure of all consumer charges and fees."
Who is eligible for Verizon's class action settlement?
Anyone who received postpaid wireless or data services from Verizon
and paid an administrative charge or administration and telco
recovery charge between Jan. 1, 2016 and Nov. 8, 2023, according to
the settlement website.
Those who are eligible, according to Verizon's records, should
receive a notice of the settlement by mail or e-mail.
If you're eligible for the Verizon class action settlement but
don't file a claim, then you won't receive any payment.
How to submit a claim for Verizon's proposed class action
settlement
Eligible customers must fill out a two-page claim form either
online on the claims website or submitted through the mail.
The deadline to submit a claim or mail it is Monday, April 15,
2024.
How much could you get from the Verizon settlement?
According to the settlement agreement, each valid claim will start
at a minimum of $15, plus $1 for every month you were a Verizon
customer and paid the administration fee. The maximum payment is
$100 per customer.
However, the amount each person may receives could go down
depending on how many customers file valid claims.
Payments will be issued after the settlement is approved and
finalized, but that could take some time. According to Reuters,
lawyers for thousands of customers filed a motion back in January
to intervene in the lawsuit in the hope of forcing the company into
mass arbitration instead.
It'll be up to the courts to decide whether to approve the
settlement and when to greenlight payments. [GN]
WALGREENS BOOTS: Faces Pemberton Suit Over Consumer Fraud
---------------------------------------------------------
JASON PEMBERTON, individually and on behalf of all others similarly
situated v. WALGREENS BOOTS ALLIANCE, INC. and WALGREEN CO., Case
No. 1:24-cv-02312 (N.D. Ill., March 20, 2024) accuses the
Defendants of violating Illinois consumer protection laws.
This action arises from Defendants' alleged use of deceptive and
misleading labeling regarding its generic "Walgreens"
over-the-counter cough medicine. Such medicines contain the active
ingredient Dextromethorphan Hydrobromide which causes drowsiness.
However, Defendants misrepresented this fact by stating prominently
on the front label of their Walgreens products that they are
"Non-Drowsy". The Defendants allegedly misled Plaintiff and other
reasonable consumers about the effects of the Non-Drowsy Walgreen
products and overcharged them for the said products, says the
suit.
The Plaintiff brings a claim for breach of the Illinois Consumer
Fraud and Deceptive Business Practices Act, breach of express
warranty, breach of the Magnuson-Moss Warranty Act, and unjust
enrichment.
Walgreens Boots Alliance, Inc. is an integrated healthcare,
pharmacy and retail company based in Deerfield, IL. [BN]
The Plaintiff is represented by:
Jonas Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
E-mail: jonas@dovel.com
simon@dovel.com
WALTON COUNTY, FL: Tancredi Sues Over Unlawful Property Taking
--------------------------------------------------------------
ANTHONY AND STEPHANIE TANCREDI, Plaintiffs v. WALTON COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, Defendant, Case No.
3:24-cv-00118-TKW-HTC (N.D. Fla., March 18, 2024) is a class action
seeking relief under the Takings Clause of the Fifth Amendment to
the U.S. Constitution and the Takings Clause of Article X, Section
6(a) of the Florida Constitution.
The Plaintiffs own certain beachfront property that the County and
Sheriff physically occupied through officials of the County,
including Sheriff deputies, Walton County Code Enforcement, and
South Walton Fire District patrolling and occupying their private
properties for a total of 29 days via an Amended Ordinance. The
County and Sheriff, through threats of prosecution including fines
of up to $500 and jail (up to 60 days), physically prevented
Plaintiffs from being able to use or even set foot in their own
backyards. Moreover, they physically appropriated Plaintiffs'
beachfront properties for public use without the payment of
compensation to the Plaintiffs. Accordingly, Plaintiffs seek just
compensation for the temporary taking, attorney fees and costs, and
any and all other relief as may be appropriate.
Walton County is a political subdivision located on the Emerald
Coast in the northwestern part of the U.S. It is run by Board of
County Commissioners. [BN]
The Plaintiffs are represented by:
D. Kent Safriet, Esq.
Joshua E. Pratt, Esq.
HOLTZMAN VOGEL BARAN TORCHINSKY & JOSEFIAK
119 S. Monroe St. Suite 500
Tallahassee, FL 32301
Telephone: (850) 270-5938
E-mail: kent@holtzmanvogel.com
jpratt@holtzmanvogel.com
mfischer@holtzmanvogel.com
- and -
John Scarola, Esq.
Carter W. Scott, Esq.
SEARCY DENNEY SCAROLA BARNHART & SHIPLEY
517 N. Calhoun St.
Tallahassee, FL 32301
Telephone: (850) 224-7600
E-mail: jsx@searcylaw.com
cws@searcylaw.com
WELLS FARGO: Nowlin et al. Seek Damages Over SCRA Violations
------------------------------------------------------------
CARMIN NOWLIN, TAMIKA HALEY, and JESUS RODRIGUEZ, on behalf of
themselves and others similarly situated v. WELLS FARGO BANK, N.A.,
Case No. 5:24-cv-00179-BO (E.D.N.C., March 20, 2024) accuses the
Defendants of violating the Servicemembers Civil Relief Act.
Plaintiffs Nowlin, Haley, and Rodriguez are current and former
servicemembers who began serving the nation in 2001, 1994, and 2016
respectively. Each of the Plaintiffs had one or more
interest-bearing obligations to Defendant while on active duty that
qualified for reduced interest and/or fees under the SCRA. The
Defendant allegedly breached its statutory and contractual duties
to Plaintiffs and Class members by charging interest rates and fees
that were too high, which significantly increased Plaintiffs and
Class members' principal balances.
The Defendant eventually discovered that it had violated the SCRA
and its own Military Benefits Program by charging servicemembers
improperly high interest rates and fees during military service,
but Defendant never disclosed such violations to the affected
servicemembers. Instead, Defendant concealed its illegal practices
and made misrepresentations to Plaintiffs and Class members,
leading them to believe that Defendant was acting within the law.
Plaintiffs and Class members only discovered Defendant's SCRA
violations in 2022, says the suit.
The Plaintiffs seek to recover actual damages and secure injunctive
and declaratory relief ordering Defendant to cease and desist in
its unlawful practices.
Wells Fargo Bank, N.A. is a federal savings bank headquartered in
San Francisco, CA. [BN]
The Plaintiffs are represented by:
Paul J. Puryear, Esq.
Matthew D. Ballew, Esq.
Robert E. Zaytoun, Esq.
ZAYTOUN & BALLEW, PLLC
3130 Fairhill Drive, Suite 100
Raleigh, NC 27612
P.O. Box 6124
Raleigh, NC 27628
Telephone: (919) 832-6690
Facsimile: (919) 831-4793
E-mail: PJPuryear@zaytounlaw.com
MBallew@zaytounlaw.com
RZaytoun@zaytounlaw.com
- and -
Knoll D. Lowney, Esq.
Claire Tonry, Esq.
Marc Zemel, Esq.
Alyssa Koepfgen, Esq.
SMITH & LOWNEY, PLLC
2317 E. John Street
Seattle, WA 98112
Telephone: (206) 860-2883
Facsimile: (206) 860-4187
E-mail: Knoll@smithandlowney.com
Claire@smithandlowney.com
Marc@smithandlowney.com
Alyssa@smithandlowney.com
[*] Free Webinar on AI, Crypto Class Actions Today
--------------------------------------------------
Beard Group Inc. is hosting a FREE Class Action Webinar today,
April 4th from 1:00-2:30 pm ET! SIGN UP NOW!
The Webinar will cover two of the biggest topics of the year:
* The Rise In Artificial Intelligence Class Action
Litigations; and
* a Behind-The-Scenes Look at the Latest Crypto Class Action
Cases
The Webinar will be featuring:
* Gerald L. Maatman, Jr., Partner at Duane Morris LLP;
* Baldo Vinti, Partner at Proskauer Rose LLP;
* Jeff Warshafsky, Partner at Proskauer Rose LLP;
* Jennifer Yang, Senior Counsel at Proskauer Rose LLP;
* Candace Smith, Of Counsel at Herman Jones; and
* Lauren Humphries, Counsel at Buchanan Ingersol & Rooney PC
Register for FREE here https://lnkd.in/dZ7vTsCX
This complimentary Webinar is a run-up to the Class Action Money &
Ethics Conference on May 6th at the Harmonie Club in Manhattan. To
register for CAME 2024, please visit
https://www.classactionconference.com/
[*] Levine Law Sponsors 8th Annual Class Action Conference
----------------------------------------------------------
Levine Law, LLC is a sponsor of the Class Action Money & Ethics
Conference this May.
Levine Law -- https://lawlevine.com/ -- is a third generation law
firm providing legal representation in California, Michigan, New
York, Pennsylvania, and Ohio. It specializes in Personal Injury,
Probate Estate, Medicaid Planning, Business Planning, Real Estate
Closing, Estate Planning and Criminal Defense. Call (724) 658-5596
for the "People of PA's Lawyer."
Join Levine Law and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speakership opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[^] ATTICUS Sponsors 8th Annual Class Action Conference
-------------------------------------------------------
ATTICUS Administration, LLC, a class action notice campaign and
claims administration company, is one of the sponsors of the Class
Action Money & Ethics Conference this May.
ATTICUS -- https://www.atticusadmin.com/ -- is located in Mendota
Heights, Minnesota. The firm was founded by Christopher Longley and
James Hardy. Longley serves as its CEO and Hardy as COO. Prior to
co-founding Atticus, Longley was the CEO of Dahl Administration,
where he oversaw the administrative services for more than 200
settlements. Hardy held finance leadership positions in a variety
of industries, including contract manufacturing, medical devices,
sheet-fed printing, and commodity trading, for 20 years.
Registration is now open for the 8th Annual Class Action Money &
Ethics Conference. This year's event is also being sponsored by:
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
Join top professionals and thought leaders in the class action
industry for this one-day event.
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speakership opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[^] Broadridge Sponsors 8th Annual Class Action Conference
----------------------------------------------------------
Broadridge Financial Solutions (NYSE: BR), a global Fintech leader,
is one of the sponsors of the Class Action Money & Ethics
Conference this May.
New York-based Broadridge -- https://www.broadridge.com/ -- has
been providing critical infrastructure that powers corporate
governance, capital markets and wealth and investment management
for nearly six decades.
Broadridge recently launched its global Futures and Options
Software-as-a-Service (SaaS) platform, expanding its existing
derivatives trading capabilities. A top 3 FCM has signed as an
anchor client.
Join Broadridge and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit @ www.classactionconference.com/
For sponsorship or speakership opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***