/raid1/www/Hosts/bankrupt/CAR_Public/240410.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, April 10, 2024, Vol. 26, No. 73
Headlines
1661 INC: Toro Files Civil Rights Class Suit in S.D.N.Y.
ALBERTSONS COMPANIES: Nguyen Sues Over Unlawful Charges
ALLENDALE LIQUORS: Faces Toro ADA Class Suit in S.D.N.Y.
ALUMINUM PRECISION: Moran Sues Over Mismanaged ESOP Stock Assets
AMYLYX PHARMACEUTICALS: Faces Shih Securities Suit Over Neuro Meds
APACHE CANADA: Faces Kulp Action Over Late Oil, Gas Payments
APACHE CANADA: Settles Ex-Employees' Suit Over Sale-Purchase Deal
APPLE INC: Collins et al. Sue Over Anticompetitive Practices
APPLE INC: Dwyer and Halim Sue Over Smartphone Market Monopoly
APPLE INC: Goldfus Suit Alleges Conspiracy in Smartphone Market
APPLE INC: Monopolizes Smartphone Relevant Markets, Kolinsky Says
ARTIZAN COFFEE: Violates ADA, Toro Suit Alleges
ASR GROUP: Golden Goose Alleges Price Fixing of Granulated Sugar
ATHIRA PHARMA: To Settle Consolidated Securities Case
BANKERS LIFE: Alison Files Suit in S.D. Indiana
BIOXCEL THERAPEUTICS: Bid to Dismiss Martin Class Suit Pending
BLACK KNIGHT: Atlas Class Suit Removed to D. New Jersey
BLOOMBERG: Sancruzado Suit Removed to S.D. Florida
BLUEMERCURY INC: Cedeno Sues Over Failure to Pay Weekly Wages
BRIGHTHOUSE FINANCIAL: Faces Kennedy Data Breach Suit in MA Court
BROOKLYN DENIM: Hernandez Sues Over ADA Violations in E.D.N.Y.
BUNKER HILL: Morgan Sues Over Failure to Safeguard PII
CABELAS INC: Frost Files ADA Suit in D. Minnesota
CAMELOT ALT ED-ILLINOIS: Lucchesi Suit Removed to N.D. Illinois
CAMPBELL SOUP: Hussain Sue Over False Potato Chip Product Labels
CANTOR FITZGERALD: Siegel Files Suit in Del. Chancery Ct.
CIIG MERGER: Hardy and Schachter Sue Over False Proxy Statements
CITRIX SYSTEMS: Estevez Files Suit in E.D. Pennsylvania
CLEARSTAR INC: Runyon Files Suit in E.D. New York
CLOVER HEALTH: Taylor Suit Seeks to Nullify Advance Notice Bylaw
COLEMAN PROFESSIONAL: Lambert Files Suit in N.D. Ohio
COMCAST CABLE: Remark Sues Over Failure to Safeguard PII
COURSERA INC: Ghazizadeh Suit Over Video Privacy Ongoing
COVENANT HEALTH: Suit Filed in E.D. Tennessee
CROSSROADS EQUIPMENT: Luke Sues Over Unprotected Personal Info
CROWN LABORATORIES: Flores Sues Over Benzene in Benzoyl Peroxide
CS DISCO INC: Faces Securities Suit in W.D. Texas
CS DISCO INC: Securities Suit Dismissed w/o Prejudice
CVS PHARMACY: Newport Suit Removed to E.D. Missouri
DANONE WATERS: Dotson Sues Over Illegal Advertising
DAY ONE BIOPHARMACEUTICALS: Smith Sues Over Advance Notice Bylaw
DIAMONDS ON WABASH: Ramos Files ADA Suit in N.D. Illinois
DOLLAR THRIFTY: Stern Files Consumer Credit Suit in E.D.N.Y.
DUN BRADSTREET: Faces Batis Securities Suit in California
EARLY AUTUMN INC: Demaio Sues Over Caller ID Rules Violations
ECO-CHIC LLC: Ramos Files ADA Suit in N.D. Illinois
EMERALD INVESTMENTS: Crespo Sues Over Unpaid Minimum, Overtime Wage
EQUIFAX INC: Faces Data Breach Suits in Canada
FAMILY DOLLAR: Childers Sues Over Deceptive Sale of Medicines
FERRARI NORTH AMERICA: Mirti Sues Over Undisclosed Brake Defect
FIDELITY NATIONAL: Peralta Suit Moved From C.D. Cal. to M.D. Fla.
FRESH DIRECT: Toro Sues Over ADA Violation in S.D.N.Y.
FRESNO SPORTS: Johnson Files Class Suit in California State Court
GENTLE ANGELS: Fails to Pay Proper OT Wages, Hibbard Claims
GOLDENCORR SHEETS: Duarte Sues Over Unpaid Minimum, Overtime Wages
GOOSEHEAD INSURANCE: To Settle Dollens Stockholder Suit
GRAND AVENUE HEALTHCARE: Jimenez Sues Over Unpaid Overtime Wages
GREENLIGHT BOOKSTORE: Faces Hernandez ADA Class Suit in E.D.N.Y.
HAZA FOODS: Townsend ADA Suit Moved From N.D.N.Y. to W.D.N.Y.
HOMEDELIVERYLINK INC: German Sues Over Unlawful Misclassifying
HOPSKIPDRIVE INC: McIntosh Files Suit in C.D. California
HUMANA INC: Bahar FDCPA Suit Removed to M.D. Florida
HYZON MOTORS: Parties in Kauffmann Await Ruling on Bid to Dismiss
ITW FOOD EQUIPMENT: Abid-Castelo Sues Over Unpaid Minimum, OT Wages
IV MEDIA LLC: Dalton Files ADA Suit in D. Minnesota
JOSH ROSEBROOK SKIN: Fernandez Files ADA Suit in S.D. New York
JUMIO INC: Smith Files Suit in N.D. California
KAHALA FRANCHISING: Hernandez Files ADA Class Suit in E.D.N.Y.
KEENAN & ASSOCIATES: Thomas Files Suit C.D. California
KELLER WILLIAMS: Faces Ortiz Contract Suit in D. Colorado
KIMPTON HOTEL: Latourette Files Suit in California State Court
KING COUNTY, WA: Zimmerman Files Petition for Writ of Mandate
KITH RETAIL: Hernandez Sues ADA Violation in E.D.N.Y.
KNIGHT BARRY TITLE: Lewandowski Sues Over Failure to Secure Data
KROGER CO: McConnon Sues Over False and Deceptive Advertising
LANDMARK MEDICAL: Zepeda Sues Over Failure to Pay Overtime Wages
LEAD GENESIS: Tom Files TCPA Suit in M.D. Florida
MARY ANNE CITRINO: Garfield Sues Over Problematic Bylaw
MCKINLEY PACKAGING: Flores Sues Over Unpaid Wages
METRO FORD: Kransaint Sues Over Undisclosed Shop Supplies Fees
NEWTON TEACHERS: Asher-Dotan Sues Over Illegal Strike
NFL ENTERPRISES: Chrum Sues Over Unsolicited Text Messages
NORTH RESTAURANTS: Jaramillo Seeks Unpaid OT for Bartenders/Servers
NORTHERN GENESIS: Faces Jaar Suit Over Securities Law Violations
NOVOCURE LTD: Faces Securities Suit Over Clinical Trial Disclosure
OFFICE DEPOT: Yount Sues Over Undisclosed Wage Scale or Salary
PACIFIC MARKET: Moses Files Suit in W.D. North Carolina
PINI INSURANCE: Pinn Files TCPA Suit in S.D. Florida
PNC BANK: Porwal Suit Removed to D. New Jersey
POLAR FUSION: Faces Thorne Suit Over ADA Violations in S.D.N.Y.
PORT OF MORROW: Pearson Files Suit in D. Oregon
PRESTIGE CARE INC: Perry Files Suit in W.D. Washington
PRIMARY ARMS: McQueen Sues Over Interception of Communications
PRIMO WATER: Moore Suit Removed to D. Massachusetts
PRODUCTION BUILDER: Engelhardt Sues Over Piece Rate Pay Scheme
PROGRESS SOFTWARE: Buck Sues Over Failure to Safeguard PII
PROGRESS SOFTWARE: Faces Buck Suit Over Unprotected Personal Info
PUBMATIC INC: O'Connor Seeks to Invalidate Advance Notice Bylaw
PURPLE INNOVATION: Licea Suit Removed to C.D. California
RING LLC: Thorne Files Civil Rights Suit in S.D.N.Y.
SGG USA: Knapp Farms Files Class Contract Suit in W.D.N.Y.
SSR MINING: Lindemann Sues Over Misleading Statements on Securities
STAR PEAK: Misleads Stockholders to Approve Merger, Ouyang Claims
SUNNYVALLEY SMOKED: Martinez Files Suit in California State Court
TELEFLORA LLC: Fails to Secure Customers' Info, Cummings Alleges
TEXAS: Fails to Detect Ballot Box Fraud, Pressley Suit Claims
THOMA BRAVO: Eisenberg Sues Over Unlawful Use of Corporate Funds
TOLUCA LAKE: Mamsaang Sues Over Illegal Employment Practices
TOP GUN: Faces Hernandez ADA Class Suit in E.D.N.Y.
TRACTOR SUPPLY: Frost Files ADA Suit in D. Minnesota
TRANSFORM SR: Faces Toro Suit Over ADA Violations in S.D.N.Y.
TRISTAR INSURANCE: Riggs Files Suit in C.D. California
TRUSTEES OF EMMANUEL COLLEGE: Hamdan Sues Over Data Breach
UNIVERSITY OF ROCHESTER: Fiacco Suit Transferred to D. Mass.
VERADIGM INC: Hogan Alleges Breach of Fiduciary Duties
WAHL CLIPPER: Thorne Sues Over ADA Violations in S.D.N.Y.
WALGREENS BOOTS: Acne Treatment Products Contain BPO, Bodunde Says
WILDFISH CANNERY: Toro Files ADA Class Suit in S.D.N.Y.
YARDI SYSTEMS: Frank and Nagireddi Sue Over Unlawful Price Fixing
[*] Giftogram Sponsors 8th Annual Class Action Conference
[*] Simpluris Sponsors 8th Annual Class Action Conference
[^] Davis Wright Sponsors 8th Annual Class Action Conference
*********
1661 INC: Toro Files Civil Rights Class Suit in S.D.N.Y.
--------------------------------------------------------
A class action lawsuit has been filed against 1661, Inc. The case
is captioned as ANDREW TORO, individually and on behalf of all
others similarly situated, v. 1661, INC., Case No. 1:24-cv-02251
(S.D.N.Y., March 26, 2024).
The suit alleges the Defendant's violation of the Americans with
Disabilities Act.
1661, Inc. is a company that retails apparel and footwear products,
doing business in New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
ALBERTSONS COMPANIES: Nguyen Sues Over Unlawful Charges
-------------------------------------------------------
Tuan Nguyen, individually and on behalf of all others similarly
situated v. ALBERTSONS COMPANIES, INC., Case No.
30-2024-01381273-CU-NP-CXC (Cal. Super. Ct., Orange Cty., Feb. 26,
2024), is brought against the Defendant's unlawful surreptitiously
charges EBT card users for reusable plastic bags.
In 2016, California voters passed Proposition 67, which prohibits
retailers from providing single use, carry-out plastic bags to
consumers in the State of California. The measure requires stores
to charge 10-cents for recycled, compostable, and reusable grocery
bags. Albertsons surreptitiously charges EBT card users for
reusable plastic bags at 10-cents per bag, when in fact,
Proposition 67 prohibits such conduct. As a result, Plaintiff and
members of the class have been improperly charged for plastic
reusable bags. The Defendant's conduct constitutes as a violation
of the California Unfair Competition Law. Plaintiff seeks to stop
these fraudulent practices.
Unless otherwise indicated, the use of Defendant's names in this
Complaint includes all agents, employees, officers, members,
directors, heirs, successors, assigns, principals, trustees,
sureties, subrogees, representatives, and insurers of the
Defendant, respectively.
The Plaintiff paid for the Purchased using his EBT card but
Defendant still charged Plaintiff 10-cents for the reusable plastic
bag. Despite Plaintiff's use of his EBT Card for the Purchases,
Defendant did not reverse the 10-cent charge for the reusable
plastic bag, Defendant would not allow Plaintiff to continue with
the Purchases until Plaintiff paid the 10-cents for the reusable
plastic bag, says the complaint.
The Plaintiff shops at Defendant's grocery stores on a regular
basis.
Albertsons is a supermarket chain with over 500 stores in the state
of California, has used California's ban on single-use plastic bags
to unfairly profit off of consumers.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
Gustavo Ponce, 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
gustavo@kazlg.com
ALLENDALE LIQUORS: Faces Toro ADA Class Suit in S.D.N.Y.
--------------------------------------------------------
A class action lawsuit has been filed against Allendale Liquors,
Inc. The case is captioned as ANDREW TORO, individually and on
behalf of all others similarly situated, v. ALLENDALE LIQUORS,
INC., Case No. 1:24-cv-02252 (S.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Allendale Liquors, Inc. is a liquor company doing business in New
York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
ALUMINUM PRECISION: Moran Sues Over Mismanaged ESOP Stock Assets
----------------------------------------------------------------
GUSTAVO MORAN, as the representative of a class of similarly
situated persons, and on behalf of the Aluminum Precision Products,
Inc. Employee Stock Ownership Plan, Plaintiff v. ESOP COMMITTEE OF
THE ALUMINUM PRECISION PRODUCTS, INC. EMPLOYEE STOCK OWNERSHIP
PLAN, Defendant, Case No. 8:24-cv-00642 (C.D. Cal., March 26, 2024)
is a class action against the Defendant for violations of the
Employee Retirement Income Security Act of 1974 (ERISA).
The case arises from the Defendant's breach of its fiduciary duties
under ERISA by failing to invest the non-employer stock assets of
the Advanced Precision Products, Inc. Employee Stock Ownership Plan
(ESOP) prudently and for the exclusive benefit of ESOP
participants. According to the complaint, the Defendant's practice
of keeping over $5 million of the ESOP's assets in short-term
investments and dutifully using those funds, instead of company
funds, to repurchase stock demonstrates that the Defendant's
process for selecting and monitoring Other Investments Account
(OIA) investments is driven by company interests and not solely by
the interest of ESOP participants in increasing their retirement
benefits.
Aluminum Precision Products, Inc. is a manufacturer of aluminum and
titanium forged and machined components based in California. [BN]
The Plaintiff is represented by:
Charles C. Gokey, Esq.
Carl F. Engstrom, Esq.
ENGSTROM LEE LLC
323 N Washington Ave., Suite 200
Minneapolis, MN 55401
Telephone: (612) 305-8349
Facsimile: (612) 677-3050
Email: cgokey@engstromlee.com
cengstrom@engstromlee.com
AMYLYX PHARMACEUTICALS: Faces Shih Securities Suit Over Neuro Meds
------------------------------------------------------------------
Amylyx Pharmaceuticals, Inc. disclosed in its Form 10-K for the
fiscal year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 22, 2024, that on February 9, 2024,
a putative class action lawsuit was filed in the U.S. District
Court for the Southern District of New York against the company and
certain of its current and former officers, captioned "Shih v.
Amylyx Pharmaceuticals, Inc., et al.," Case Number 1:24-CV-00988.
The complaint asserts a claim against all defendants for alleged
violations of Section 10(b) of the Exchange Act and Rule 10b-5
promulgated thereunder and a claim under Section 20(a) against
certain current and former officers as alleged controlling persons.
It alleges that defendants made materially false and misleading
statements related to the commercial results and prospects for
neurodegenerative disease drug sodium phenylbutyrate and
taurursodiol.
Amylyx Pharmaceuticals, Inc. is a commercial-stage biotechnology
company into the treatment of amyotrophic lateral sclerosis and
neurodegenerative diseases.
APACHE CANADA: Faces Kulp Action Over Late Oil, Gas Payments
------------------------------------------------------------
APA Corporation disclosed in its Form 10-Q for the quarterly period
ended March 31, 2023, filed with the Securities and Exchange
Commission on May 10, 2023, that APA's subsidiary, Apache Canada
LTD was sued in a purported class action in New Mexico styled "Kulp
Minerals LLC v. Apache Corporation," Case No. D-506-CV-2023-00352
in the Fifth Judicial District on April 7, 2023.
The Kulp Minerals case has not been certified and seeks to
represent a group of owners allegedly owed statutory interest under
New Mexico law as a result of purported late oil and gas payments.
APA Corporation is into crude petroleum and natural gas and is
based in Houston, Texas.
APACHE CANADA: Settles Ex-Employees' Suit Over Sale-Purchase Deal
-----------------------------------------------------------------
APA Corporation disclosed in its Form 10-Q for the quarterly period
ended March 31, 2023, filed with the Securities and Exchange
Commission on May 10, 2023, that APA's subsidiary, Apache Canada
LTD, has agreed to a settlement under which Apache will pay $7
million USD to resolve all claims against the company asserted by
the class. The settlement was approved by the court on October 26,
2023.
On September 11, 2019, four ex-employees of Apache Canada LTD, on
behalf of themselves and individuals employed by Apache Canada LTD
on July 6, 2017, filed an Amended Statement of Claim in a matter
styled "Stephen Flesch et. al. v Apache Corporation et. al.," No.
1901-09160 Court of Queen's Bench of Alberta against the company
and others seeking class certification and a finding that the Sale
and Purchase Agreement dated July 6, 2017 amounted to a Change of
Control of the company, entitling them to accelerated vesting under
the company's equity plans. In the suit, the class seeks
approximately $60 million USD and punitive damages.
In said Sale and Purchase Agreement, the company and its
subsidiaries divested their remaining Canadian operations to
Paramount Resources LTD. Closing occurred on August 16, 2017.
APA Corporation is into crude petroleum and natural gas and is
based in Houston, Texas.
APPLE INC: Collins et al. Sue Over Anticompetitive Practices
------------------------------------------------------------
DEBORAH COLLINS; HUNTER COLLINS; and HENRY MORALES, Plaintiffs v.
APPLE INC., Defendant, Case No. 3:24-cv-01796 (N.D. Cal., March 22,
2024), is a class action accusing the Defendant of engaging in
anticompetitive practices that violate Sherman Act.
According to the complaint, Apple has willfully monopolized and
illegally maintained such monopoly of the performance smartphone
market in the United States through an exclusionary course of
conduct and the anticompetitive acts, which include its contractual
restrictions against app creation, distribution, and access to APIs
that have impeded apps and technologies including, but not limited
to, super apps, cloud streaming, messaging, wearables, and digital
wallets.
Headquartered in Cupertino, CA, Apple is a global technology
company and is considered as one of the world’s most valuable
public companies with a market capitalization over $2.5 trillion.
[BN]
The Plaintiffs are represented by:
Ben M. Harrington, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 300
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: benh@hbsslaw.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
- and -
Eamon P. Kelly, Esq.
Joseph M. Vanek, Esq.
SPERLING & SLATER, LLC
55 W. Monroe Street, 32nd Floor
Chicago, IL 60603
Telephone: (312) 676-5845
Facsimile: (312) 641-6492
E-mail: ekelly@sperling-law.com
jvanek@sperling-law.com
jbergman@sperling-law.com
- and -
Phillip F. Cramer, Esq.
SPERLING & SLATER, LLC
1221 Broadway, Suite 2140
Nashville, TN 37203
Telephone: (312) 224-1512
Facsimile: (312) 641-6492
E-mail: pcramer@sperling-law.com
APPLE INC: Dwyer and Halim Sue Over Smartphone Market Monopoly
--------------------------------------------------------------
RICHARD DWYER and AIMEN HALIM, individually and on behalf of all
others similarly situated, Plaintiffs v. APPLE INC., Defendant,
Case No. 5:24-cv-01844 (N.D. Cal., March 25, 2024) demands a trial
by jury and treble damages, injunctive relief, and other
appropriate relief based on Apple's illicit monopolization.
Plaintiff Dwyer alleges that Apple has willfully monopolized and
illegally maintained a monopoly of the performance smartphone
market in the United States through an exclusionary course of
conduct and the anticompetitive acts that include contractual
restrictions against app creation, distribution, and access to
Application Programming Interfaces or APIs that have impeded apps
and technologies including super apps, cloud streaming, messaging,
wearables, and digital wallets.
Headquartered in Cupertino, CA, Apple Inc. is a global technology
company and smartphone manufacturer. [BN]
The Plaintiffs are represented by:
Dena C. Sharp, Esq.
Adam E. Polk, Esq.
Jordan Elias, Esq.
Namita Dhawan, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: dsharp@girardsharp.com
apolk@girardsharp.com
jelias@girardsharp.com
ndhawan@girardsharp.com
APPLE INC: Goldfus Suit Alleges Conspiracy in Smartphone Market
---------------------------------------------------------------
SHOSHI GOLDFUS, individually and on behalf of all others similarly
situated, Plaintiff v. APPLE INC., Defendant, Case No.
2:24-cv-04108 (D.N.J., March 22, 2024) seeks to address Apple’s
anticompetitive and exclusionary conduct and to alleviate harm to
competition and consumers. Plaintiff Goldfus claims that the
Defendant violated the Sherman Act.
The Plaintiff alleges that Apple reduces competition in the markets
for performance smartphones and smartphones generally by delaying,
degrading, or outright blocking technologies that would increase
competition in the smartphone markets by decreasing barriers to
switching to another smartphone. Moreover, Apple has used its
anticompetitive strategies to suppress super apps, cloud streaming
game apps, messaging apps, smartwatches, and digital wallets, says
the suit.
Headquartered in Cupertino, CA, Apple is a global technology
company with a market capitalization over $2.5 trillion. It's one
of the largest publicly traded companies in the world, generating
hundreds of billions of dollars from the sale of smartphones,
computers, tablets, and related services and accessories. [BN]
The Plaintiff is represented by:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: jcecchi@carellabyrne.com
- and -
Michael D. Hausfeld, Esq.
Melinda R. Coolidge, Esq.
Sarah R. LaFreniere, Esq.
Nick Murphy, Esq.
Theodore DiSalvo, Esq.
HAUSFELD LLP
888 16th Street, NW Suite 300
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
E-mail: mhausfeld@hausfeld.com
mcoolidge@hausfeld.com
slafreniere@hausfeld.com
nmurphy@hausfeld.com
tdisalvo@hausfeld.com
- and -
Katie R. Beran, Esq.
HAUSFELD LLP
325 Chestnut Street Suite 900
Philadelphia, PA 19106
Telephone: (215) 985-3270
Facsimile: (215) 985-3271
E-mail: kberan@hausfeld.com
- and -
Scott D. Martin, Esq.
Daniel P. Weick, Esq.
HAUSFELD LLP
33 Whitehall Street
14th Floor
New York, NY 10004
Telephone: (646) 357-1100
Facsimile: (212) 202-4322
E-mail: smartin@hausfeld.com
dweick@hausfeld.com
- and -
Michael P. Lehman, Esq.
Megan E. Jones, Esq.
HAUSFELD LLP
600 Montgomery Street Suite 3200
San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 633-4980
E-mail: mlehman@hausfeld.com
mjones@hausfeld.com
APPLE INC: Monopolizes Smartphone Relevant Markets, Kolinsky Says
-----------------------------------------------------------------
CHRISTINA KOLINSKY and SIDNEY ROSSI, individually and on behalf of
all others similarly situated, Plaintiffs v. APPLE INC., Defendant,
Case No. 2:24-cv-04232 (D.N.J., March 26, 2024) is a class action
against the Defendant for violations of several antitrust laws in
the U.S.
The case arises from the Defendant's indirect monopolization or
illegal attempt to retain monopoly of the iPhone through the use of
illegal exclusionary tactics in the U.S. Apple has used its
anticompetitive strategies to suppress technologies that would have
increased competition among smartphones, including super apps,
cloud streaming game apps, messaging apps, smartwatches, and
digital wallets. As a result of the Defendant's continuing conduct
in abusing its market power, contractual restrictions, fees, and
other means to maintain their monopoly in the relevant markets, the
Plaintiffs and members of the Classes have incurred damages from
the purchase of their iPhones, says the suit.
Apple, Inc. is a global technology company with its principal place
of business in Cupertino, California. [BN]
The Plaintiffs are represented by:
William G. Caldes, Esq.
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
SPECTOR ROSEMAN & KODROFF, PC
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (215) 496-6611
Email: bcaldes@srkattorneys.com
jcorrigan@srkattorneys.com
jspector@srkattorneys.com
- and -
Gordon Ball, Esq.
GORDON BALL, PLLC
3728 West End Avenue
Nashville, TN 37205
Telephone: (865) 525-7028
Email: gball@gordonball.com
- and -
Thomas H. Bienert, Jr., Esq.
Daniel Goldman, Esq.
BIENERT KATZMAN LITTRELL WILLIAMS
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Telephone: (949) 369-3700
Facsimile: (949) 369-3701
Email: tbienert@bklwlaw.com
dgoldman@bklwlaw.com
ARTIZAN COFFEE: Violates ADA, Toro Suit Alleges
-----------------------------------------------
A class action lawsuit has been filed against Artizan Coffee
Company. The case is captioned as ANDREW TORO, individually and on
behalf of all others similarly situated, v. ARTIZAN COFFEE COMPANY,
Case No. 1:24-cv-02253 (S.D.N.Y., March 26, 2024).
The suit is brought over Defendant's alleged violation of the
Americans with Disabilities Act.
Artizan Coffee Company is a coffee products company doing business
in New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
ASR GROUP: Golden Goose Alleges Price Fixing of Granulated Sugar
----------------------------------------------------------------
GOLDEN GOOSE MARKETS, INC., 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, COMMODITY INFORMATION, INC.,
and RICHARD WISTISEN, Defendants, Case No. 1:24-cv-02159 (S.D.N.Y.,
March 22, 2024) accuses the Defendants of violating the Sherman
Antitrust Act and the Massachusetts Consumer Protection Act.
The class action lawsuit arises from Defendants' unlawful agreement
to fix prices for granulated sugar in the United States. As a
result of Defendants’ unlawful agreement, direct purchasers of
granulated sugar -- including food and beverage manufacturers,
retailers, food service companies, and distributors -- paid
supracompetitive 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.
ASR Group is a privately held Florida corporation and global
producer and seller of granulated sugar based in West Palm Beach,
FL. [BN]
The Plaintiff is represented by:
Mark C. Rifkin, Esq.
Thomas H. Burt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
E-mail: burt@whafh.com
- and -
Fred T. Isquith, Esq.
ISQUITH LAW PLLC
270 Madison Avenue
New York, NY 10016
Telephone: (718) 775-6478
E-mail: isquithlaw@gmail.com
- and -
Richard J. Vita, Esq.
VITA LAW OFFICES P.C.
100 State Street, Suite 900
Boston, MA 02109
Telephone: (617) 426-6566
E-mail: rjv@vitalaw.com
ATHIRA PHARMA: To Settle Consolidated Securities Case
-----------------------------------------------------
Athira Pharma, Inc. disclosed in its Form 10-K for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that settlement hearings have been
heard with regards to a consolidated securities case filed against
the company, following a mediation and the parties' agreement in
principle to settle the securities class action for $10.0 million.
On June 25, 2021, plaintiffs Timothy Slyne and Tai Slyne filed a
putative securities class action lawsuit in the U.S. District Court
for the Western District of Washington against the company, its
former chief executive officer, Dr. Leen Kawas, the company's then
chief financial officer, and the same members of the company's
board of directors and underwriters captioned "Slyne v. Athira
Pharma, Inc. et al.," No. 2:21-cv-00864. The complaint asserts
violations of Sections 11 and 15 of the Securities Act, alleging
that purported issues with Dr. Kawas's doctoral research should
have been disclosed in the company's IPO registration statement.
Plaintiffs seek unspecified compensatory damages, reasonable costs
and expenses, including attorneys' fees, and injunctive and other
equitable relief.
On August 9, 2021, the court issued an order consolidating the case
with two other cases. On October 5, 2021, the district court issued
an order appointing lead plaintiffs and approved their selection of
lead and liaison counsel.
On January 7, 2022, lead plaintiffs filed a consolidated amended
complaint, which asserts violations of Sections 10(b) and 20(a) of
the Exchange Act and SEC Rule 10b-5 and Sections 11, 12, and 15 of
the Securities Act. The consolidated amended complaint is brought
against the company, Dr. Kawas, the company's then chief financial
officer, certain members of the company's board of directors at the
time of the company's IPO and secondary public offering, or SPO,
and the IPO and SPO underwriters. Lead plaintiffs seek unspecified
compensatory damages, as well as equitable and injunctive relief on
behalf of themselves and the purported class.
On March 8, 2022, the defendants filed a motion to dismiss lead
plaintiffs' consolidated amended complaint for failure to state a
claim under the federal securities laws. On July 29, 2022, the
court issued an order granting in part and denying in part the
motion to dismiss. The order dismissed the Section 10(b) and
Section 20(a) claims arising under the Exchange Act, dismissed the
Section 11 claim arising under the Securities Act as to all
defendants other than the company and Dr. Kawas, dismissed the
Section 12(a)(2) claim arising under the Securities Act as to the
lead plaintiffs, and dismissed the Section 15 claim arising under
the Securities Act against all defendants other than Dr. Kawas. The
order permitted lead plaintiffs until August 19, 2022 to file a
second consolidated amended complaint. Lead plaintiffs did not file
a second consolidated amended complaint.
On August 12, 2022, defendant Dr. Kawas filed a motion for partial
reconsideration of the court's July 29, 2022 order. On October 4,
2022, the court denied the motion. On October 24, 2022, the parties
filed a (1) joint status report and discovery plan and (2)
stipulation and case scheduling order, wherein the parties proposed
deadlines for material case events, including the completion of
fact discovery, expert discovery, and dispositive motion practice.
On November 2, 2022, the court entered an order setting certain
case deadlines. On November 4, 2022, the company and Dr. Kawas
filed the company's individual answers to the consolidated amended
complaint. In mid-November 2022, the parties began conducting fact
discovery.
On March 10, 2023, following a mediation and the parties' agreement
in principle to settle the securities class action for $10.0
million, the court entered a stipulated order setting a deadline of
April 28, 2023 for the parties to file a stipulation of settlement
and for lead plaintiffs to file a motion for preliminary approval
of the settlement, which the parties filed on that date. The
settlement is subject to preliminary and final approval by the U.S.
District Court for the Western District of Washington. On May 31,
2023, the court issued a minute order requiring the parties to file
a joint status report on or before June 30, 2023 addressing several
aspects of the proposed settlement, including revision of certain
notices to putative class members regarding the settlement, which
the parties filed on that date. On September 27, 2023, the court
issued an order denying plaintiffs' motion for preliminary approval
without prejudice, citing the motion's failure to satisfy the
court's questions and concerns regarding traceability of certain
Securities Act claims. The court permitted plaintiffs to file a
renewed motion for preliminary approval, which plaintiffs filed on
December 15, 2023.
On February 15, 2024, the court issued an order granting in part
and deferring in part plaintiffs' renewed motion for preliminary
approval and ordered the parties to submit a joint status report
last March 15, 2024 proposing a date on which the court may
schedule the final approval hearing, among other things. In its
order, the court preliminarily approved the proposed settlement and
certified a class and two subclasses. The court deferred ruling in
part as to the proposed notices and claim form relating to the
settlement.
Athira is a late clinical-stage biopharmaceutical company focused
on developing small molecules engineered to restore neuronal health
and slow neurodegeneration.
BANKERS LIFE: Alison Files Suit in S.D. Indiana
-----------------------------------------------
A class action lawsuit has been filed against Bankers Life and
Casualty Company. The case is styled as Renae Alison, on behalf of
herself, and all others similarly situated v. Bankers Life and
Casualty Company, Case No. 1:24-cv-00330-JMS-MJD (S.D. Ind., Feb.
22, 2024).
The nature of suit is stated as Other Contract for Contract
Default.
The Bankers Life and Casualty Company doing business as Bankers
Life -- https://www.bankerslife.com/ -- is a private American
health insurance company headquartered in Chicago, Illinois.[BN]
The Plaintiff is represented by:
Amina A Thomas, Esq.
Lynn Antoinette Toops, Esq.
COHEN & MALAD LLP
1 Indiana Sq-Ste 1400
Indianapolis, IN 46206-0627
Phone: (317) 636-6481
Email: athomas@cohenandmalad.com
ltoops@cohenandmalad.com
The Defendants appear pro se.
BIOXCEL THERAPEUTICS: Bid to Dismiss Martin Class Suit Pending
--------------------------------------------------------------
BioXcel Therapeutics, Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2023 filed with the
Securities and Exchange Commission on March 22, 2024, that the
defendants' motion to dismiss the Martin class suit is pending in
the United States District Court for the District of Connecticut.
On July 7, 2023, plaintiff Katelyn Martin filed a class action
complaint against the Company and certain executives in the United
States District Court for the District of Connecticut, captioned
Martin v. BioXcel Therapeutics, et al., 3:23-cv-00915 (D. Conn).
On October 4, 2023, pursuant to the Private Securities Litigation
Reform Act, the court appointed two co-Lead Plaintiffs.
The co-Lead Plaintiffs filed an amended complaint on December 5,
2023, alleging violations of Sections 10(b) and 20A of the
Securities and Exchange Act of 1934 (the "Exchange Act") and SEC
Rule 10b-5 promulgated thereunder.
The amended complaint alleges that defendants made false or
misleading statements regarding the TRANQUILITY II trial and the
development of BXCL501 for an expanded indication related to the
treatment of certain Alzheimer's-related agitation.
Defendants filed a motion to dismiss on February 6, 2024, which has
not been decided.
New Haven, CT-based BioXcel Therapeutics, Inc. is a
biopharmaceutical company utilizing artificial intelligence to
develop transformative medicines in neuroscience and, through the
Company's wholly owned subsidiary, OnkosXcel Therapeutics LLC,
immuno-oncology. The Company is focused on utilizing cutting-edge
technology and innovative research to develop high-value
therapeutics aimed at transforming patients' lives.
BLACK KNIGHT: Atlas Class Suit Removed to D. New Jersey
-------------------------------------------------------
The case styled ATLAS DATA PRIVACY CORPORATION, as assignee of
individuals who are Covered Persons, JANE DOE-1, a law enforcement
officer, JANE DOE-2, a law enforcement officer, SCOTT MALONEY,
JUSTYNA MALONEY, PATRICK COLLIGAN, PETER ANDREYEV, and WILLIAM
SULLIVAN, individually and on behalf of all others similarly
situated v. BLACK KNIGHT TECHNOLOGIES, LLC, BLACK KNIGHT, INC.,
RICHARD ROES 1-10, fictitious names of unknown individuals and ABC
COMPANIES 1-10, fictitious names of unknown entities, Case No.
MER-L-000271-24, was removed from the Superior Court of New Jersey,
Law Division, Mercer County, to the U.S. District Court for the
District of New Jersey on March 26, 2024.
The Clerk of Court for the District of New Jersey assigned Case No.
3:24-cv-04233 to the proceeding.
The case arises from Black Knight's alleged violations of Daniel's
Law by failing to cease making available the home addresses and
unpublished home telephone numbers of covered persons in response
to emailed requests made to Black Knight.
Atlas Data Privacy Corporation is a privacy services provider based
in New Jersey.
Black Knight Technologies, LLC is a software, data and analytics
company based in Florida.
Black Knight, Inc. is financial services company based in Florida.
[BN]
The Defendants are represented by:
Scott S. Christie, Esq.
McCARTER & ENGLISH, LLP
Four Gateway Center
100 Mulberry St.
Newark, NJ 07172
Telephone: (973) 848-5388
Facsimile: (973) 297-3981
Email: schristie@mccarter.com
BLOOMBERG: Sancruzado Suit Removed to S.D. Florida
--------------------------------------------------
The case captioned as Richard Sancruzado, individually and on
behalf of all those similarly situated v. BLOOMBERG LIMITED
PARTNERSHIP d/b/a BLOOMBERG.COM, Case No. 2024-000373-CA-01 was
removed from the Circuit Court of the Eleventh Judicial Circuit in
and for Miami-Dade County, to the United States District Court for
the Southern District of Florida on Feb. 16, 2024, and assigned
Case No. 1:24-cv-20627-KMM.
The Plaintiff alleged in the State Court Action that BLP sent an e
mail communication to him between 9:00 PM and 8:00 AM, in violation
of the Florida Consumer Collection Practices Act ("FCCPA").[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
Phone: (954) 907-1136
Email: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
The Defendants are represented by:
Brandon T. White, Esq.
HOLLAND & KNIGHT LLP
701 Brickell Ave., Suite 3300
Miami, FL 33131
Phone: (305) 374-8500
Fax: (305) 789-7799
Email: brandon.white@hklaw.com
practiceassistantteam@hklaw.com
- and -
Hilary Lane, Esq.
HOLLAND & KNIGHT LLP
100 North Tampa Street, Suite 4100
Tampa, FL 33602
Phone: (813) 227-8500
Email: hilary.lane@hklaw.com
- and -
Matthew J. Borello, Esq.
HOLLAND & KNIGHT LLP
50 N Laura Street, Suite 3900
Jacksonville, FL 32202
Phone: (904) 798-5460
Fax: (904) 358-1872
Email: matt.borello@hklaw.com
BLUEMERCURY INC: Cedeno Sues Over Failure to Pay Weekly Wages
-------------------------------------------------------------
Madeleine Cedeno, individually and on behalf of all others
similarly situated v. BLUEMERCURY, INC., Case No. 1:24-cv-01186
(S.D.N.Y., Feb. 16, 2024), is brought under the New York Labor Law
("NYLL") as a result of the Defendants failure to pay the Plaintiff
on a weekly basis.
New York Law requires companies to pay their manual workers on a
weekly basis unless they receive an express authorization to pay on
a semi-monthly basis from the New York State Department of Labor
Commissioner. The Defendant violated this law by paying its manual
workers every other week rather than on a weekly basis. The
Plaintiff therefore demands liquidated damages, interest, and
attorneys' fees on behalf of herself and a putative class comprised
of all manual workers employed by Defendant in New York State over
the last six years and 228 days, says the complaint.
The Plaintiff was employed by Defendant as a Sales Associate at a
Bluemercury store in New York, New York.
The Defendant owns and operates a chain of Bluemercury retail
stores and employs hundreds, if not thousands of manual workers in
the State of New York.[BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Phone: (646) 837-7150
Facsimile: (212) 989-9163
Email: ykopel@bursor.com
aleslie@bursor.com
BRIGHTHOUSE FINANCIAL: Faces Kennedy Data Breach Suit in MA Court
-----------------------------------------------------------------
Brighthouse Financial, Inc. (BHF) disclosed in its Form 10-Q for
the fiscal year ended December 31, 2023, filed with the Securities
and Exchange Commission on February 21, 2024, that it has been
named as a defendant in a purported class action lawsuit captioned
"Kennedy v. Progress Software Corporation, et al." (U.S. District
Court, District of Massachusetts, filed October 3, 2023).
The action relates to a data security incident at an alleged
third-party vendor, PBI Research Services and allegedly involves
the "MOVEit" file transfer system that PBI uses in its provision of
services. As it relates to BHF, plaintiff seeks to certify a
subclass of persons whose private information was allegedly
maintained by BHF and accessed or acquired in connection with the
MOVEit incident. Plaintiff alleges, among other things, that BHF
negligently chose to utilize PBI to store and transfer plaintiff's
and purported class members' private information despite PBI's use
of the MOVEit software which plaintiff contends contained security
vulnerabilities.
The complaint asserts claims against BHF for negligence, negligence
per se, and unjust enrichment, and plaintiff seeks declaratory and
injunctive relief, damages, attorneys' fees and prejudgment
interest.
Brighthouse Financial, Inc. and together with its subsidiaries, is
a holding company formed in 2016 to own the legal entities that
historically operated a substantial portion of MetLife, Inc.'s
former retail segment until becoming a separate, publicly-traded
company in August 2017. Brighthouse Financial is a provider of
annuity and life insurance products in the U.S. through multiple
independent distribution channels and marketing arrangements with a
diverse network of distribution partners.
BROOKLYN DENIM: Hernandez Sues Over ADA Violations in E.D.N.Y.
--------------------------------------------------------------
A class action lawsuit has been filed against Brooklyn Denim Co.,
LLC. The case is captioned as TIMOTHY HERNANDEZ, individually and
on behalf of all others similarly situated, v. BROOKLYN DENIM CO.,
LLC, Case No. 1:24-cv-02215 (E.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Brooklyn Denim Co., LLC is a clothing retailer in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Email: pshaker@steinsakslegal.com
BUNKER HILL: Morgan Sues Over Failure to Safeguard PII
------------------------------------------------------
Destiny Morgan, individually and on behalf of all others similarly
situated v. BUNKER HILL COMMUNITY COLLEGE, (Mass. Commonwealth,
Feb. 20, 2024), is brought against BHCC for its failure to properly
secure and safeguard the personally identifiable information that
it collected and maintained as part of its regular business
practices, including, but not limited to: full names, dates of
birth, and Social Security numbers (collectively, "personally
identifiable information" or "PII").
Former and current students, employees, and applicants for
admission or employment are required to entrust Defendant with an
extensive amount of their PII, used for Defendant's business, in
order to enroll at BHCC or be eligible for employment. Defendant
retains this information for at least many years and even after the
relationship has ended.
On May 23, 2023, Defendant "detected irregular activity on certain
BHCC systems that was consistent with a ransomware attack."
Defendant's investigation concluded that the PII compromised in the
Data Breach included Plaintiff's and approximately 195,588 other
individuals' information.
By obtaining, collecting, using, and deriving a benefit from the
PII of Plaintiff and Class Members, Defendant assumed legal and
equitable duties to those individuals to protect and safeguard that
information from unauthorized access and intrusion. Defendant
failed to adequately protect Plaintiff's and Class Members PII--and
failed to even encrypt or redact this highly sensitive information.
This unencrypted, unredacted PII was compromised due to Defendant's
negligent and/or careless acts and omissions and its utter failure
to protect students' sensitive data. Hackers targeted and obtained
Plaintiff's and Class Members' PII because of its value in
exploiting and stealing the identities of Plaintiff and Class
Members. The present and continuing risk to victims of the Data
Breach will remain for their respective lifetimes.
The Defendant disregarded the rights 10. of Plaintiff and Class
Members by intentionally, willfully, recklessly, or negligently
failing to implement and maintain adequate and reasonable measures
to ensure that the PII of Plaintiff and Class Members was
safeguarded, failing to take available steps to prevent an
unauthorized disclosure of data, and failing to follow applicable,
required, and appropriate protocols, policies, and procedures
regarding the encryption of data, even for internal use. As a
result, the PII of Plaintiff and Class Members was compromised
through disclosure to an unknown and unauthorized third party, says
the complaint.
The Plaintiff's PII was compromised and disclosed as a result of
Defendant's inadequate data security, which resulted in the Data
Breach.
Bunker Hill Community College is a Massachusetts community college
with its principal place of business in Boston, Massachusetts.[BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (212) 594-5300
Email: rkassan@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
Phone: (866) 252-0878
Email: dlietz@milberg.com
CABELAS INC: Frost Files ADA Suit in D. Minnesota
-------------------------------------------------
A class action lawsuit has been filed against Cabelas, Inc. The
case is styled as Clarence Frost, Tammy Frost, individually and on
behalf of all others similarly situated v. Cabelas, Inc., Case No.
0:24-cv-00633-PJS-LIB (D. Minn., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Cabela's -- https://www.cabelas.com/ -- is home for quality
hunting, fishing, camping, recreational shooting and outdoor gear
at competitive prices.[BN]
The Plaintiffs are represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
CAMELOT ALT ED-ILLINOIS: Lucchesi Suit Removed to N.D. Illinois
---------------------------------------------------------------
The case styled as Marcy Lucchesi, individually and on behalf of
similarly situated individuals v. Camelot ALT ED-Illinois, LLC
doing business as: Camelot Education, CHG Alternative Education,
Inc., Specialized Education Services, Inc., FB Topco, Inc., Case
No. 2024-CH-00079 was removed from the Cook County Circuit Court,
to the U.S. District Court for the Northern District of Illinois on
Feb. 29, 2024.
The District Court Clerk assigned Case No. 1:24-cv-01732 to the
proceeding.
The nature of suit is stated as Other P.I.
Camelot ALT ED-Illinois, LLC doing business as Camelot Education
provides for-profit education services for K-12 students.[BN]
The Plaintiff is represented by:
Andrew T Heldut, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th FL
Chicago, IL 60601
Phone: (312) 893-7002
Email: aheldut@mcgpc.com
The Defendant is represented by:
Jennifer Ann Riley, Esq.
Tyler Zachary Zmick, Esq.
Gerald L. Maatman, Jr., Esq.
DUANE MORRIS LLP
190 S. LaSalle Street, Suite 3700
Chicago, IL 60603
Phone: (312) 499-6711
Fax: (312) 279-6767
Email: jariley@duanemorris.com
tzzmick@duanemorris.com
gmaatman@duanemorris.com
CAMPBELL SOUP: Hussain Sue Over False Potato Chip Product Labels
----------------------------------------------------------------
SYED HUSSAIN, an individual and on behalf of all other similarly
situated individuals Plaintiff v. CAMPBELL SOUP COMPANY, Defendant,
Case No. 3:24-cv-01776 (N.D. Cal., March 22, 2024) arises from the
Defendant's false, deceptive and misleading labeling of its potato
chip products in violation of the California's Unfair Competition
Law, False Advertising Law, and Consumers Legal Remedies Act.
According to the complaint, the "Air Fried" label caused consumers
to purchase Defendant's potato chip products, believing that it was
cooked exclusively by means of circulating convection currents in
air (and not oil fried) when in fact it was cooked by the oil
frying method. In addition, the Defendant also used another false
and ambigious phrase "Kettle Cooked" in its labeling. As a result
of the products' false and misleading labels, consumers are injured
by purchasing a product that the consumer would not have otherwise
purchased and/or by paying more to purchase the Kettle Brand
product as opposed to other less expensive brands. The Plaintiff
further alleges that some consumers are also injured by purchasing
a product that they believe is not oil fried, thereby eliminating
the risk of cancer potentially associated with foods deep fried in
oil.
Headquartered in New Jersey, Campbell Soup Company manufactures
various food products such as soups, meals, snacks and beverages.
[BN]
The Plaintiff is represented by:
JAMES PAZOS, Esq.
PAZOS LAW FIRM, A Prof. Law Corp.
1801 Century Park East, 24th Floor
Los Angeles, CA 90067
Telephone: (310) 556-1010
E-mail: jpazos@pazoslawfirm.com
- and -
Craig R. Smith, Esq.
SMITH LAW FIRM A Professional Law Corporation
21550 Oxnard Street, Suite 760
Woodland Hills, CA 91367
Telephone: (818) 703-6057
E-mail: csmith@smithlf.com
CANTOR FITZGERALD: Siegel Files Suit in Del. Chancery Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Cantor Fitzgerald,
L.P., et al. The case is styled as Martin J. Siegel, on behalf of
himself and similarly situated v. Cantor Fitzgerald, L.P. and
Howard Lutnick, Case No. 2024-0146-LWW (Del. Chancery Ct., Feb. 16,
2024).
The case type is stated as "Breach of Fiduciary Duties."
Cantor Fitzgerald, L.P. -- http://www.cantor.com/-- is an American
financial services firm that was founded in 1945.[BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Phone: (302) 499-3600
Email: kim@blockleviton.com
lindsay@blockleviton.com
irene@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Phone: (617) 398-5600
- and -
Jeremy Friedman, Esq.
David Tejtel, Esq.
Lindsay La Marca, Esq.
David Rosenfeld, Esq.
FRIEDMAN OSTER & TEJTEL PLLC
493 Bedford Center Road, Suite 2D
Bedford Hills, NY 10507
Phone: (800) 529-1108
CIIG MERGER: Hardy and Schachter Sue Over False Proxy Statements
----------------------------------------------------------------
JACK HARDY and AHUVA T. SCHACHTER, individually and on behalf of
all others similarly situated, Plaintiffs v. F. PETER CUNEO, GAVIN
M. CUNEO, MICHAEL MINNICK, DAVID FLOWERS, CHRIS ROGERS, KENNETH P.
WEST, KRISTEN M. O’HARA, DENIS SVERDLOV, and TIM HOLBROW,
Defendants, Case No. 2024-0297 (Del. Ch., March 22, 2024) asserts
breach of fiduciary duty claims arising from the CIIG’s merger
with Arrival S.à.r.l. and its wholly-owned subsidiary, ARSNL
Merger Sub Inc. against CIIG's Board of Directors and its former
Chief Executive Officer and former Chief Investment Officer.
After agreeing to the Merger, on February 21, 2021, the Defendants
filed with the Securities and Exchange Commission and issued a
materially false and misleading Proxy Statement in connection with
the Merger. The Proxy falsely claimed that the value of CIIG's
stock being used for consideration in the Merger was $10 per share.
Due to dilution and dissipation of cash, however, those shares
actually contributed less than $8 net cash per share, says the
suit.
Accordingly, the Plaintiffs seek monetary and/or rescissory damages
against Defendants for their breaches of fiduciary duty owed to
CIIG stockholders arising out of the deprivation of their right to
make a fully informed decision about whether to redeem their CIIG
shares or to invest in the merger.
CIIG Merger. is a Delaware special purpose acquisition company
founded by Peter Cuneo, Gavin Cuneo and Michael Minnick. [BN]
The Plaintiffs are represented by:
Christopher H. Lyons, Esq.
Tayler D. Bolton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
1521 Concord Pike, Suite 301
Wilmington, DE 19803
Telephone(302) 467-2660
- and -
Randall J. Baron, Esq.
Benny C. Goodman III, Esq.
Erik W. Luedeke, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 W. Broadway. Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
- and -
Randall J. Baron, Esq.
Benny C. Goodman III, Esq.
Erik W. Luedeke, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 W. Broadway. Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
CITRIX SYSTEMS: Estevez Files Suit in E.D. Pennsylvania
-------------------------------------------------------
A class action lawsuit has been filed against Citrix Systems, Inc.,
et al. The case is styled as Vince Estevez, on behalf of himself
and all others similarly situated v. Citrix Systems, Inc., Comcast
Cable Communications, LLC, Case No. 5:24-cv-01201 (E.D. Pa., Feb.
23, 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:
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
Maureen Kane Berg, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 South Washington Avenue, Suite 2200
Minneapolis, MN 55401
Phone: (612) 339-6900
Email: Khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
mkberg@locklaw.com
- and -
Mark B. Desanto, Esq.
BERGER MONTAGUE PC
1818 Market Street, Ste. 3600
Philadelphia, PA 19103
Phone: (215) 875-3046
Email: mdesanto@bm.net
CLEARSTAR INC: Runyon Files Suit in E.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Clearstar, Inc., et
al. The case is styled as Carolyn Kay Runyon, individually and on
behalf of all others similarly situated v. Clearstar, Inc.,
Licedoctors LLC, Does 1-10, inclusive, Case No. 2:24-cv-01519-LGD
(E.D.N.Y., Feb. 29, 2024).
The nature of suit is stated as Consumer Credit.
ClearStar, Inc. -- https://www.clearstar.net/ -- is a leading Human
Resources (HR) technology company specializing in background, drug,
and health screening services for employment.[BN]
The Plaintiff is represented by:
Martin Skolnick, Esq.
SKOLNICK LEGAL GROUP
103 Eisenhower Parkway, Suite 305
Roseland, NJ 07068
Phone: (973) 403-0100
Fax: (973) 403-0100
Email: martin@skolnicklegalgroup.com
CLOVER HEALTH: Taylor Suit Seeks to Nullify Advance Notice Bylaw
----------------------------------------------------------------
BRUCE TAYLOR, on behalf of himself and all similarly situated
stockholders of CLOVER HEALTH INVESTMENTS, CORP., Plaintiff v.
CHELSEA CLINTON, CARLADENISE ARMBRISTER EDWARDS, VIVEK GARIPALLI,
DEMETRIOS L. KOUZOUKAS, ANNA U. LOENGARD, WILLIAM G. ROBINSON, JR.,
LEE A. SHAPIRO, ANDREW TOY, and CLOVER HEALTH INVESTMENTS, CORP.,
Defendants, Case No. 2024-0305 (Del. Ch., March 26, 2024) is a
class action against the Defendants for declaratory judgment and
breach of fiduciary duty.
The Plaintiff seeks declaratory relief invalidating Clover Health
Investments Corp.'s Advance Notice Bylaw. According to the
complaint, the Advance Notice Bylaw is highly problematic and
effectively serves as a deterrent to stockholder nominations
because of its definition of "Acting in Concert," which contains
both a "Wolf-Pack Provision," which deems stockholders to be Acting
in Concert with one another if they act in parallel with each
other, and a "Daisy Chain Provision," which deems two stockholders
working with the same third party to be Acting in Concert,
regardless of whether the two stockholders know about each other's
existence. As a result, the Advance Notice Bylaw is an effective
deterrent to any stockholder considering nominating candidates for
election to the board, impermissibly limits the scope of
stockholders' voting rights to voting for or against candidates
nominated by the board and is fundamentally inconsistent with the
notion that stockholders' right to vote includes the right to
nominate, says the Plaintiff.
Clover Health Investments Corp. is a physician enablement company,
headquartered in Tennessee. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Daniel 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
COLEMAN PROFESSIONAL: Lambert Files Suit in N.D. Ohio
-----------------------------------------------------
A class action lawsuit has been filed against Coleman Professional
Services, Inc. The case is styled as Kimberly Y. Lambert, on behalf
of herself and all others similarly situated v. Coleman
Professional Services, Inc., Case No. 5:24-cv-00310-JRA (N.D. Ohio,
Feb. 19, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Coleman Professional Services -- https://www.colemanservices.org/
-- is a nationally recognized organization.[BN]
The Plaintiffs are represented by:
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 767-3613
Fax: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
COMCAST CABLE: Remark Sues Over Failure to Safeguard PII
--------------------------------------------------------
Jaclyn Remark and Noah Birkett, Individually and on Behalf of All
Others Similarly Situated v. COMCAST CABLE COMMUNICATIONS, LLC
d/b/a XFINITY and CITRIX SYSTEMS, INC., Case No. 2:24-cv-00793-JMY
(E.D. Pa., Feb. 22, 2024), is brought against the Defendants for
their failure to adequately secure and safeguard Plaintiffs' and
nearly 36 million other individuals' personally identifying
information ("PII"), including their names, contact information,
dates of birth, portions of Social Security numbers, account
usernames and hashed passwords, and security question prompts and
answers, among other potentially sensitive, private, and
confidential data.
To obtain Xfinity's services and products, customers are required
to entrust Comcast with their PII and other private information,
which Comcast uses to perform its regular business activities.
Thus, Comcast maintains extensive files, servers, and networks
containing its customers' PII, and owes these individuals an
affirmative duty to adequately protect and safeguard this private
information against theft, misuse, and unauthorized access and
disclosure. Despite such duties created by statute, regulation, and
common law, at all relevant times, Comcast utilized deficient data
security practices—including by relying on Citrix's flawed
software applications— thereby allowing tens of millions of
persons' sensitive and private data to fall into the hands of
strangers and criminals.
Between October 16, 2023 and October 19, 2023, Comcast lost control
over the highly sensitive and confidential PII of Plaintiffs and
the Class Members by failing to timely mitigate the Citrix Bleed in
a massive and preventable data breach committed by cybercriminals
(the "Data Breach"). To perpetrate the Data Breach, hackers
exploited the unpatched Citrix Bleed security flaw to access
Comcast's internal systems during this four-day window and
exfiltrate massive amounts of valuable PII.
The Data Breach was directly and proximately caused by Comcast's
and Citrix's collective failure to implement basic, reasonable, and
industry-standard data security practices necessary to protect
their systems, software, and networks from a foreseeable and
preventable cyberattack. Through this wrongful conduct, the
sensitive PII of at least 35,879,455 individuals is now in the
hands of cybercriminals, who target this sensitive data for its
value to identity thieves. Plaintiffs and Class Members now must
contend with the fallout from their PII and other private
information being in the hands of unauthorized actors. They are now
at a significantly increased and impending risk of fraud, identity
theft, and similar forms of criminal mischief—risks which may
last the rest of their lives. Consequently, Plaintiffs and Class
Members must devote substantially more time, money, and energy to
protect themselves, to the extent possible, from these crimes.
Moreover, Plaintiffs and Class Members have lost the inherent value
of their private data, says the complaint.
The Plaintiff has been a customer of Comcast.
Comcast is one of the largest telecommunications companies, and
provides internet services and products, cable television, a mobile
5G network, and landline telephone services and products to
individuals and businesses across the United States.[BN]
The Plaintiff is represented by:
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union Street, Suite 200
San Francisco, CA 94123
Phone: (415) 788-4220
Email: aschubert@sjk.law
- and -
Christian Levis, Esq.
Amanda G. Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
Email: clevis@lowey.com
afiorilla@lowey.com
- and -
Anthony M. Christina, Esq.
LOWEY DANNENBERG, P.C.
One Tower Bridge
100 Front Street, Suite 520
West Conshohocken, PA 19428
Phone: (215) 399-4770
Email: achristina@lowey.com
COURSERA INC: Ghazizadeh Suit Over Video Privacy Ongoing
--------------------------------------------------------
Coursera, Inc. disclosed in its Form 10-Q for the fiscal year ended
December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that in November 2023, a putative
class action complaint captioned "Iman Ghazizadeh, et al v.
Coursera, Inc., was filed against Coursera, Inc. in the United
States District Court for the Northern District of California (Case
No. 5:23-cv-05646) for alleged violations of the Video Privacy
Protection Act (VPPA).
The complaint alleges, among other things, that without consent or
knowledge of the plaintiff, Coursera disclosed the video viewing
history and certain other information of the plaintiff to a
third-party company and made similar disclosures without the
knowledge or consent of other unidentified users. The plaintiff
seeks monetary damages for certain violations under the VPPA,
including interest and reasonable attorney's fees. In January 2024,
the company filed a motion to dismiss, which is pending before the
Court.
Coursera is an online learning platform that connects learners,
educators, and institutions with the goal of providing world-class
educational content that is affordable, accessible, and relevant.
COVENANT HEALTH: Suit Filed in E.D. Tennessee
---------------------------------------------
A class action lawsuit has been filed against Covenant Health, Inc.
The case is styled as Jane Doe, individually and on behalf of all
others similarly situated v. Covenant Health, Inc., Fort Sanders
Regional Medical Center, Case No. 3:24-cv-00082-DCLC-DCP (E.D.
Tenn., Feb. 20, 2024).
The nature of suit is stated Other P.I.
Covenant Health -- http://www.covenanthealth.com/-- is an
integrated health system organization based in Knoxville,
Tennessee, with operations throughout the Knoxville metropolitan
area.[BN]
The Plaintiffs are represented by:
Andrew E. Mize, Esq.
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Ste 200
Freedom Building
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 250-3937
Email: amize@stranchlaw.com
gstranch@stranchlaw.com
- and -
Lynn A. Toops, Esq.
Mary Kate Dugan, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Fax: (317) 636-2593
Email: ltoops@cohenandmalad.com
mdugan@cohenandmalad.com
- and -
Raina C. Borrelli, Esq.
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Fax: (608) 509-4423
Email: raina@turkestrauss.com
sam@turkestrauss.com
The Defendants are represented by:
Robert Cuyler Haskins, Esq.
Brock Shipe Klenk, Esq.
WESLEY EDWARD SHIPE
265 Brookview Centre Way, Suite 604
Knoxville, TN 37919
Phone: (865) 338-9700
Fax: (865) 999-0377
Email: chaskins@bskplc.com
eshipe@bskplc.com
CROSSROADS EQUIPMENT: Luke Sues Over Unprotected Personal Info
--------------------------------------------------------------
CAREN LUKE, individually and on behalf of all others similarly
situated, Plaintiff v. CROSSROADS EQUIPMENT LEASE & FINANCE, LLC,
Defendant, Case No. 5:24-cv-00634 (C.D. Cal., March 26, 2024) is a
class action against the Defendant for negligence, negligence per
se, breach of implied contract, invasion of privacy, breach of
fiduciary duty, declaratory judgement, and violations of the
California Unfair Competition Law, the California Consumer Privacy
Act, and the California Consumer Records Act.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its system
following a data breach. The Defendant also failed to timely notify
the Plaintiff and similarly situated individuals about the data
breach. As a result, the private information of the Plaintiff and
Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Crossroads Equipment Lease & Finance, LLC is a transportation
equipment leasing company in California. [BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
CROWN LABORATORIES: Flores Sues Over Benzene in Benzoyl Peroxide
----------------------------------------------------------------
ANGELINA FLORES and HOLLY GROSSENBACHER, individually, and on
behalf of all others similarly situated, Plaintiffs, v. CROWN
LABORATORIES, INC., Defendant, Case No. 4:24-cv-00211-GAF (W.D.
Mo., March 22, 2024), arises out of Defendant's manufacturing,
distribution, advertising, marketing, and sale of PanOxyl branded
benzoyl peroxide products (BPO Products) that contain dangerously
high levels of benzene, a carcinogen that has been linked to
leukemia and other blood cancers in violation of the federal law as
well as the Missouri and Louisiana law.
The Defendant misrepresented, omitted, and concealed the fact that
its BPO Products contained benzene by not including benzene on the
BPO Products’ labels or otherwise warning consumers about its
presence. Additionally, Defendant has failed to issue a voluntary
recall of the BPO Products, says the suit.
Headquartered in Johnson City, TN, Crown Laboratories, Inc.
markets, distributes, and sells various skin care products,
including PanOxyl Acne Creamy Wash 4% BPO and PanOxyl Acne Foaming
Wash 10% BPO. [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
CS DISCO INC: Faces Securities Suit in W.D. Texas
-------------------------------------------------
CS Disco, Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that it is currently facing a
purported stockholder class action lawsuit filed against the
company and certain of its current and former officers in United
States District Court in the Western District of Texas.
Said case was filed on September 19, 2023, in the United States
District Court in the Southern District of New York, alleging
violations under Sections 10(b) and 20(a) of the Exchange Act.
The complaint alleges that the made materially false or misleading
statements about the factors that were driving its revenue growth
between July 21, 2021 and August 11, 2022. The complaint seeks an
unspecified amount of damages, interest, attorneys' fees, expert
fees, costs, and other relief as the court may deem just and
proper.
On December 12, 2023, the court appointed a lead plaintiff and lead
counsel. On January 8, 2024, the court transferred the case to the
United States District Court in the Western District of Texas.
DISCO provides cloud-native, artificial intelligence-powered legal
product offerings that simplify legal hold, legal request,
ediscovery, legal document review and case management for
enterprises, law firms, legal services providers and governments
with scalable, integrated product offerings enable legal
departments to easily collect, process and review enterprise data
that is relevant or potentially relevant to legal matters.
CS DISCO INC: Securities Suit Dismissed w/o Prejudice
-----------------------------------------------------
CS Disco, Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that on November 3, 2023, a
purported stockholder class action lawsuit was filed against the
company and certain of the company's current and former officers in
New York Supreme Court, County of New York, alleging violations
under Sections 11 and 12(a)(2) of the Securities Act of 1933. The
complaint alleged that the company made false or misleading
statements about the factors that were driving revenue growth
between July 21, 2021 and August 11, 2022. The case has been
dismissed without prejudice on January 18, 2024.
The complaint sought an unspecified amount of damages, interest,
attorneys' fees, expert fees, costs, rescission, equitable and
injunctive relief, and other relief as the court may deem just and
proper.
DISCO provides cloud-native, artificial intelligence-powered legal
product offerings that simplify legal hold, legal request,
ediscovery, legal document review and case management for
enterprises, law firms, legal services providers and governments
with scalable, integrated product offerings enable legal
departments to easily collect, process and review enterprise data
that is relevant or potentially relevant to legal matters.
CVS PHARMACY: Newport Suit Removed to E.D. Missouri
---------------------------------------------------
The case styled as Amy Newport, individually and on behalf of all
others similarly situated v. CVS Pharmacy, Inc., CVS Health
Corporation, Does 1 through 10, Case No. 24SL-CC00165 was removed
from the Circuit Court for St. Louis, Missouri, to the U.S.
District Court for the Eastern District of Missouri on Feb. 16,
2024.
The District Court Clerk assigned Case No. 4:24-cv-00252-HEA to the
proceeding.
The nature of suit is stated as Other Contract for Contract
Dispute.
CVS Pharmacy, Inc. -- https://www.cvs.com/ -- is an American retail
corporation.[BN]
The Plaintiff is represented by:
Daniel F. Harvath, Esq.
HARVATH LAW GROUP LLC
75 W. Lockwood, Suite 1
St. Louis, MO 63119
Phone: (314) 550-3717
Email: dharvath@harvathlawgroup.com
The Defendants are represented by:
Emily Marie Weissenberger, Esq.
FAEGRE DRINKER LLP - San Francisco
Four Embarcadero Center, 27th Floor
San Francisco, CA 94111
Phone: (415) 591-7500
Email: emily.weissenberger@faegredrinker.com
- and -
Michael Kevin Underhill, Esq.
SHOOK HARDY LLP - San Francisco
555 Mission Street, Suite 2300
San Francisco, CA 94105
Phone: (415) 544-1900
Fax: (415) 391-0281
Email: kunderhill@shb.com
DANONE WATERS: Dotson Sues Over Illegal Advertising
---------------------------------------------------
Michael Dotson, individually, and on behalf of others similarly
situated v. DANONE WATERS OF AMERICA, LLC, Case No. 24STCV04928
(Cal. Super. Ct., Los Angeles Cty., Feb. 27, 2024), is brought for
damages, injunctive relief, and any other available legal or
equitable remedies, for violations of Unfair Competition Law and
Unfair Competition Law resulting from the illegal actions of
Defendant, in advertising and labeling its products as Natural
Spring Water, when the products contain microplastics.
During the Class Period Defendant sold Evian bottled water (the
"Products") labeled, marketed, and advertised as "Natural Spring
Water" but which actually contained microplastics. Microplastics
are small sized plastic particles that originate from manufacturing
and physical degradation of plastics. Microplastics encompass a
variety of different molecules with different structures, shapes,
sizes, and polymers. Microplastics are not naturally occurring.
Instead, microplastics are typically made from polypropylene,
polyethylene, polystyrene, and other synthetic polymers.
Microplastics can leach into the water from the bottle, and
consumers are exposed to additives, processing aid, and unreacted
monomers.
Microplastics contamination is a material concern to Plaintiff and
other reasonable consumers. Bottled water that is contaminated with
microplastics is not natural. Microplastics are not expected to be
in food or water. Plaintiff, and reasonable consumers, do not
expect "Natural" water products to contain microplastics.
Yet, when consumers drink Defendant's Products, they are consuming
synthetic plastic particles. On January 27, 2024, Plaintiff
purchased one case of Products labeled, marketed, and sold as
"Natural Spring Water", from a Food For Less in Los Angeles. The
Plaintiff's Products contained microplastics despite being labeled
Natural Spring Water. Persons, like Plaintiff herein, have an
interest in purchasing products that do not contain false and
misleading claims with regards to the contents of the Products.
By making false and misleading claims about the contents of its
Products, Defendant impaired Plaintiff's ability to choose the type
and quality of products he chose to buy. Therefore, Plaintiff has
been deprived of his legally protected interest to obtain true and
accurate information about their consumer products as required by
law. As a result of Defendant's fraudulent labeling, Plaintiff and
the Class have been misled into purchasing Products that did not
provide them with the benefit of the bargain they paid money for,
namely that the Products were Natural Spring Water, says the
complaint.
The Plaintiff purchased Defendant's Products because Defendant's
advertising claimed that the Products were Natural Spring Water.
The Defendant manufactures, advertises, markets, sells, and
distributes bottled water throughout California and the United
States.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21031 Ventura Blvd Suite 340
Woodland Hills, CA 91364
Phone: 323-306-4234
Fax: 866-633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
DAY ONE BIOPHARMACEUTICALS: Smith Sues Over Advance Notice Bylaw
----------------------------------------------------------------
JAMES SMITH, on behalf of himself and all similarly situated
stockholders of DAY ONE BIOPHARMACEUTICALS, INC., Plaintiff v.
DANIEL BECKER, JEREMY BENDER, HABIB DABLE, SCOTT GARLAND, MICHAEL
GLADSTONE, WILLIAM GROSSMAN, NATALIE HOLLES, JOHN JOSEY, GARY
NICHOLSON, SAIRA RAMASASTRY, and DAY ONE BIOPHARMACEUTICALS, INC.,
Defendants, Case No. 2024-0293 (Del. Ch., March 22, 2024) seeks
declaratory relief invalidating the Day One's Advance Notice Bylaw,
which contains provisions that serve as an unlawful deterrent to
those seeking to meaningfully participate in the nomination
process.
The Advance Notice Bylaw effectively limits the scope of
stockholders' voting rights to voting for or against candidates
nominated by the board of directors and is fundamentally
inconsistent with the notion that stockholders' right to vote
includes the right to nominate. Moreover, Plaintiff also asserts a
claim for breach of fiduciary duty against the certain members of
the board of directors for approving, adopting, and allowing to
remain in effect an Advance Notice Bylaw that cannot be complied
with.
Headquartered in California, Day One is a clinical-stage
biopharmaceutical company focused on cancer therapies. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Daniel M. Baker, Esq.
Robert Erikson, Esq.
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
DIAMONDS ON WABASH: Ramos Files ADA Suit in N.D. Illinois
---------------------------------------------------------
A class action lawsuit has been filed against Diamonds on Wabash,
Inc. The case is styled as Eslimerari Ramos, on behalf of herself
and all others similarly situated v. Diamonds on Wabash, Inc., Case
No. 1:24-cv-01729 (N.D. Ill., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Diamonds on Wabash, Inc. -- https://diamondsonwabash.com/ -- is a
jewelry store specializing in diamond & precious-stone pieces, with
repairs & appraisals.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
DOLLAR THRIFTY: Stern Files Consumer Credit Suit in E.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against Dollar Thrifty
Automotive Group, Inc. The case is captioned as MARK STERN,
individually and on behalf of all others similarly situated, v.
DOLLAR THRIFTY AUTOMOTIVE GROUP, INC., Case No. 2:24-cv-02222-SIL
(E.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged consumer credit
law violation.
Dollar Thrifty Automotive Group, Inc. is a car rental company,
headquartered in Tulsa, Oklahoma. [BN]
The Plaintiff is represented by:
Abraham S. Beinhorn, Esq.
LIEBERMAN AND KLESTZICK, LLP
381 Sunrise Hwy., 3rd Floor, Suite C
Lynbrook, NY 11563
Telephone: (516) 900-6720
Email: abraham@landklegal.com
DUN BRADSTREET: Faces Batis Securities Suit in California
---------------------------------------------------------
Dun and Bradstreet Holdings, Inc. (D&B) disclosed in its Form 10-Q
for the quarter ended June 30, 2023, filed with the Securities and
Exchange Commission on August 3, 2023, that it is facing a case
captioned "Batis v. Dun & Bradstreet Holdings, Inc.," No.
4:22-cv-01924-AGT (N.D. Cal.) filed on March 25, 2022.
On February 1, 2024, D&B filed a petition for rehearing or
rehearing en banc seeking to vacate the Ninth Circuit ruling.
Subsequently, on February 15, 2024, the Ninth Circuit issued an
order stating that the petition will be held in abeyance pending
the resolution of en banc rehearing of another similar case pending
before the Ninth Circuit, Martinez v. ZoomInfo Technologies, Inc.
Plaintiff Odette R. Batis filed said complaint against the company,
alleging that the Company used the purported class members' names
and personas to promote paid subscriptions to the company's Hoovers
product website without consent, in violation of the California
right of publicity statute, California common law prohibiting
misappropriation of a name or likeness and California's Unfair
Competition Law.
On June 30, 2022, the Company filed a motion to dismiss the
Complaint pursuant to California's anti-SLAPP (strategic lawsuit
against public participation) statute. On February 10, 2023, the
District Court denied the motion to dismiss. The decision was
subject to an automatic right of appeal, and the company has
appealed the matter to the Ninth Circuit. The company filed its
opening brief on appeal and is awaiting the opposition brief.
Dun & Bradstreet Holdings, Inc. is into consumer credit reporting,
collection agencies and is based in Jacksonville, Florida.
EARLY AUTUMN INC: Demaio Sues Over Caller ID Rules Violations
-------------------------------------------------------------
Desiree Demaio, individually and on behalf of all others similarly
situated v. EARLY AUTUMN, INC., Case No. CACE-24-002265 (Fla. 17th
Judicial Cir. Ct., Broward Cty., Feb. 17, 2024), is brought for
injunctive and declaratory relief, and damages for violations Of
the Caller ID Rules Of the Florida Telephone Solicitation Act
("FTSA").
The FTSA's Caller ID Rules apply to solicited and consented to
Telephonic Sales Calls, and as such, claims for Caller ID Rules
violations, which requires notice and an opportunity to cease
sending unwanted text message solicitations, before claims for
"text message solicitations the called party does not consent to
receive" can be brought. The FTSA's Caller ID Rules require that
persons making Telephonic Sales Calls transmit--to the consumer's
caller identification service--a telephone number that is capable
of receiving telephone calls.
In direct contravention of the Caller ID Rules, however, many
callers, such as Defendant, make Telephonic Sales Calls a central
part of their marketing strategy, and in doing so, intentionally
transmit telephone numbers to recipient's Caller ID services that
are not capable of receiving telephone calls. As such, Plaintiff,
brings this action alleging that Defendant violated the FTSA's
Caller ID Rules by transmitting a phone number that was not
configured for two-way communication when it made Telephonic Sales
Calls by text message ("Text Message Sales Calls").
As such, Plaintiff, brings this action alleging that Defendant
violated the FTSA's Caller ID Rules by transmitting a phone number
that was not capable of receiving phone when it made Telephonic
Sales Calls by text message ("Text Message Sales Calls").
Specifically, Defendant made Text Message Sales Calls that promoted
Beek ("Beek Text Message Sales Calls") and violated the Caller II)
Rules when it transmitted to the recipients' caller identification
services a telephone number that was not capable Of receiving
telephone calls, says the complaint.
The Plaintiff is the regular user of a cellular telephone number
that receives the Defendant's telephonic sales calls, and Plaintiff
resides in Broward County, Florida.
The Defendant is a Foreign Limited Liability Company, which sells
various goods to persons throughout the country, including Florida,
through its online store.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Phone: (202) 709-5744
Fax: (866) 893-0416
Email: josh@sjlawcollective.com
shawn@sjlawcollective.com
ECO-CHIC LLC: Ramos Files ADA Suit in N.D. Illinois
---------------------------------------------------
A class action lawsuit has been filed against Eco-Chic, LLC. The
case is styled as Eslimerari Ramos, on behalf of herself and all
others similarly situated v. Eco-Chic, LLC, Case No. 1:24-cv-01730
(N.D. Ill., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Eco Chic -- https://www.ecochiclife.net/ -- is a trusted source for
organic, sustainable, and give-back living.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
EMERALD INVESTMENTS: Crespo Sues Over Unpaid Minimum, Overtime Wage
-------------------------------------------------------------------
Carmen Crespo, individually, and on behalf of all other similarly
situated aggrieved individuals v. EMERALD INVESTMENTS, INC. dba
BEST WESTERN HERITAGE INN CHICO, and DOES 1 through 10, inclusive,
Case No. 24CV00628 (Cal. Super. Ct., Butte Cty., Feb. 26, 2024), is
brought against the Defendants' failure to pay minimum wages,
failure to pay overtime wages, failure to provide meal breaks or
premium pay in lieu thereof, failure to provide rest breaks or
premium pay in lieu thereof, failure to reimburse business
expenses, failure to provide accurate wage statements, failure to
pay all wages owed upon termination of employment, and the Private
Attorney General Act.
During her employment, the Plaintiff worked more hours than she was
paid for by the Defendant. On several occasions, the Plaintiff
accurately recorded the hours she worked on her time care; however,
her timecards were later changed by the Defendant to reduce the
days and/or hours that the Plaintiff worked. the Plaintiff
regularly worked in excess of 8 hours per day and/or 40 hours per
week while employed with the Defendant. the Plaintiff worked in
excess of 12 hours per day on occasion. the Defendant failed to
compensate the Plaintiff at the appropriate rate for hours worked
in excess of 8 hours per day and/or 40 hours per week. During the
entirety of the Plaintiff's employment with the Defendant, she
regularly worked shifts in excess of 5 hours without receiving a
timely meal break.
On the days the Plaintiff worked in excess of 10 hours in a day,
the Defendant failed to provide a compliant second meal period.
During the entirety of the Plaintiff's employment with the
Defendant, the Plaintiff was required to use her personal cell
phone to communicate with fellow employees, supervisors, and
managers. the Defendant failed to reimburse the Plaintiff for these
expenses. the Defendant failed to provide the Plaintiff with
accurate wage statements depicting the total hours she worked, any
wages earned for missed meal periods, and depicting reimbursement
for the Plaintiff's use of her personal cell phone, says the
complaint.
The Plaintiff worked for the Defendant from on or about July 2020
to July 2022.
The Defendant was and is a California Corporation with located in
Butte County California.[BN]
The Plaintiff is represented by:
Robert Towne, Esq.
LAW OFFICE OF ROBERT TOWNE
2105 Forest Avenue, Suite 100
Chico, CA 95928
Phone: (530) 228-8576
Email: robert@rtownelaw.com
- and -
Angela Hooper, Esq.
LAW OFFICES OF ANGELA HOOPER
2105 Forest Avenue, Suite 100
Chico, CA 95928
Phone: (530) 680-4689
Email: ahooper116@gmail.com
EQUIFAX INC: Faces Data Breach Suits in Canada
----------------------------------------------
Equifax Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that five putative Canadian class
actions, four of which are on behalf of a national class of
approximately 19,000 Canadian consumers, are pending in Ontario,
British Columbia and Alberta.
Each of the proposed Canadian class actions asserts a number of
common law and statutory claims seeking monetary damages and other
related relief in connection with a material cybersecurity incident
in 2017. In addition to seeking class certification on behalf of
Canadian consumers whose personal information was allegedly
impacted by the 2017 cybersecurity incident, in some cases,
plaintiffs also seek class certification on behalf of a larger
group of Canadian consumers who had contracts for subscription
products with Equifax around the time of the incident or earlier
and were not impacted by the incident.
The Ontario class action has been certified in part but is
otherwise at a preliminary stage. All other purported class actions
are at preliminary stages or stayed.
Equifax Inc. is a data, analytics, and technology company based in
Georgia.
FAMILY DOLLAR: Childers Sues Over Deceptive Sale of Medicines
-------------------------------------------------------------
BETHANY CHILDERS, Plaintiff v. FAMILY DOLLAR, LLC; WALGREENS CO.;
DOLGENCORP, INC., and WALMART, INC., Defendants, Case No.
2:24-cv-00148 (S.D.W. Va., March 23, 2024) is a class action
accusing the Defendants of engaging in deceptive practices in
connection with the marketing, sale, and distribution of certain of
their allergy, cold and flu products that contain the ingredient
phenylephrine.
The Defendants claimed that the phenylephrine was an effective
decongestant in their oral allergy, cold, and flu products.
However, the U.S. Food and Drug Administration, has concluded by
unanimous finding (16-0), that the phenylephrine is, in fact,
wholly ineffective as a decongestant when taken orally. Despite
knowing that oral use of phenylephrine is ineffective, Defendants
have manufactured, promoted, marketed, sold, and distributed oral
products containing phenylephrine, says the suit.
Headquartered in North Carolina, Family Dollar LLC manufactures,
distributes, and markets oral phenylephrine products, including but
not limited to Family Wellness Daytime Cold & Flu relief. [BN]
The Plaintiff is represented by:
Charles R. "Rusty" Webb, Esq.
THE WEBB LAW CENTRE, PLLC
716 Lee St. E.
Charleston, WV 25301
Telephone: (304) 344-9322
E-mail: rusty@rustywebb.com
- and -
W. Daniel "Dee" Miles, III, Esq.
Alison D. Hawthorne, Esq.
Demet Basar, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
272 Commerce Street
Montgomery, AL 36104
Telephone: (334) 269-2343
E-mail: Dee.miles@beasleyallen.com
Alison.hawthorne@beasleyallen.com
Demet.basar@Beasleyallen.com
- and -
Rebecca D. Gilliland, Esq.
Jessica M. Haynes, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
301 St. Louis St.
Mobile, AL 36602
Telephone: (251) 308-1515
E-mail: Rebecca.gilliland@beasleyallen.com
Jessi.haynes@beasleyallen.com
FERRARI NORTH AMERICA: Mirti Sues Over Undisclosed Brake Defect
---------------------------------------------------------------
Anthony Mirti, individually and on behalf of all others similarly
situated v. FERRARI NORTH AMERICA, INC., FERRARI S.P.A., ROBERT
BOSCH, LLC, and ROBERT BOSCH GMBH, Case No. 2:24-cv-14049-AMC (S.D.
Fla., Feb. 16, 2024), is brought for te Defendants' unlawful
conduct under the laws of the State of Florida due the Defendants
failure to disclose the Brake Defect at the point of sale or lease
of their vehicles.
Consumers who purchase a Ferrari are paying a premium and are
buying into Ferrari culture--with loyal consumers rewarded with
more exclusive models that may appreciate in value. Ferrari goes to
great lengths to protect its brand, which played a significant role
in Plaintiff's and the Class Members' decision to purchase or lease
a Ferrari.
Ferrari's standing in the automotive world makes the facts of this
case particularly jarring and consequential. Ferrari has long known
about a critical safety defect in its vehicles. Although it may not
always be detected due to the limited recreational use of these
vehicles, this does not diminish the severe, potentially fatal
risks it poses to the Plaintiff and Class Members. It appears that
Ferrari has prioritized profits and reputation over consumer
safety, neglecting a defect in one of the most crucial components
of any high-performance sports car: the braking system.
After multiple reported brake failures attributed to a component
manufactured by Bosch GmbH, on October 28, 2021, Ferrari SpA
directed Ferrari NA to conduct a voluntary recall in the United
States. In the initial recall, Ferrari NA described the defect as
follows: the "vehicles are equipped with a braking system that
could potentially leak brake fluid, which may lead to partial or
total loss of braking capability." Ferrari NA identified the brake
components as manufactured by Bosch and installed in Class Vehicles
(defined below) that Ferrari SpA manufactures. Ferrari NA
identified the defective component as the master cylinder/brake
booster assembly--even identifying the very same part number as
defective that Plaintiff replaced when his brakes failed.
The Defendants' knowledge of the Brake Defect likely originated
during extensive pre-production design and testing. At a minimum,
Defendants' knowledge can also be traced to a fatal accident on
June 9, 2015, where, despite the driver's insistence on complete
brake failure at his subsequent criminal trial, a Ferrari SpA
technician testified the braking systems at issue are "operative
even in case of failure of the brake booster vacuum"--testimony now
contradicted by Ferrari's disclosures to the NHTSA.
Despite this knowledge and in breach of their obligations to
Plaintiff and the Class, Ferrari and Bosch have failed to act. The
Defendants have not informed owners of the full extent of the Brake
Defect, only remedied one failure mode, and continue to sell (or
benefit from the sale) of thousands of cars containing this
life-threatening defect. Ferrari's recalls do not call for what is
needed--i.e., a replacement of the defective master cylinders if
brake fluid leaks are found (and, therefore, the rearmost seal has
twisted and is damaged).
The Defendants omitted information concerning the Brake Defect from
all advertising, promotion, or other contacts with Plaintiff and
Class members prior to their purchase or lease of the Class
Vehicles. Defendants also schemed to defraud Plaintiff and Class
Members by aiding, abetting, and/or making misleading statements
about class vehicle safety and braking capability including when
affixing or providing to each owner or lessee: certification labels
that uniformly communicate compliance with motor vehicle safety
standards in every Class Vehicle; in-vehicle safety information,
such as in the Warranty Card and Owner's Service Book, about brakes
and required maintenance of the braking system; and other
consumer-facing marketing up to and at the point of sale including
the Monroney label. In short, Defendants had a duty to disclose the
Brake Defect because they made incomplete representations about the
safety and reliability of the Class Vehicles while purposefully
withholding material facts from Plaintiff and Class Members that
contradicted these representations, says the complaint.
The Plaintiff Mirti purchased a certified pre-owned 2018 Ferrari
488 Spider, VIN ZFF80AMA0J0234234.
Ferrari is the world's preeminent luxury sports car brand.[BN]
The Plaintiff is represented by:
Zachary S. Bower, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
2222 Ponce de Leon Blvd.
Miami, FL 33134
Phone: (973) 994-1700
FIDELITY NATIONAL: Peralta Suit Moved From C.D. Cal. to M.D. Fla.
-----------------------------------------------------------------
The case styled JOSE PERALTA Jr., individually and on behalf of all
others similarly situated v. FIDELITY NATIONAL FINANCIAL INC.,
LOANCARE, LLC; and DOES 1-10, Case No. 2:23-cv-10907, 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 26, 2024.
The Clerk of Court for the Middle District of Florida assigned Case
No. 3:24-cv-00307-TJC-PDB to the proceeding.
The case arises from the Defendant's negligence, negligence per se,
breach of implied contract, breach of the implied covenant of good
faith and fair dealing, declaratory judgement, and violations of
the Right to Privacy, the California Unfair Competition Law, the
California Consumer Privacy Act, and the California Consumer
Records Act.
Fidelity National Financial, Inc. is an American provider of title
insurance and settlement services, with its principal place of
business located in Jacksonville, Florida.
LoanCare, LLC is a mortgage lender, with its principal place of
business located in Virginia Beach, Virginia. [BN]
The Plaintiff is represented by:
Jason M. Wucetich, Esq.
Dimitrios V. Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N. Pacific Coast Hwy., Suite 2000
El Segundo, CA 90245
Telephone: (310) 335-2001
Facsimile: (310) 364-5201
Email: jason@wukolaw.com
dimitri@wukolaw.com
FRESH DIRECT: Toro Sues Over ADA Violation in S.D.N.Y.
------------------------------------------------------
A class action lawsuit has been filed against Fresh Direct, LLC.
The case is captioned as ANDREW TORO, individually and on behalf of
all others similarly situated, v. FRESH DIRECT, LLC, Case No.
1:24-cv-02256 (S.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Fresh Direct, LLC is an American online grocery company in New
York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
FRESNO SPORTS: Johnson Files Class Suit in California State Court
-----------------------------------------------------------------
A class action lawsuit has been filed against Fresno Sports and
Events LLC, et al. The case is captioned as CHRISTINE JOHNSON, et
al., individually and on behalf of all others similarly situated v.
FRESNO SPORTS AND EVENTS LLC, et al., Case No.
1:24-cv-00352-KES-SAB (E.D. Cal., March 26, 2024).
A case management conference is set for October 1, 2024, before
Judge Stanley A. Boone.
Fresno Sports and Events LLC is a sports company in California.
[BN]
The Plaintiffs are represented by:
Alfred Gerard Rava, Esq.
THE RAVA LAW FIRM
3667 Voltaire Street
San Diego, CA 92106
Telephone: (619) 238-1993
Email: alrava@cox.net
GENTLE ANGELS: Fails to Pay Proper OT Wages, Hibbard Claims
-----------------------------------------------------------
AMBER HIBBARD, individually, and on behalf of all those similarly
situated, Plaintiff v. GENTLE ANGELS CAREGIVING SERVICES LLC,
Defendants, Case No. 2:24-cv-00441 (W.D. Pa., March 22, 2024) seeks
to recover damages for Defendants' unlawful denial of wages of over
100 employees and conduct of depriving Plaintiff and other
employees of appropriate compensation of hours worked to which they
should have been entitled during their employment in violation of
the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act,
and the Pennsylvania Wage Payment and Collection Law.
Plaintiff began working for Defendant in February 3, 2023 as a
direct care worker. She regularly worked approximately 60 hours per
week but was not being paid overtime.
Based in Uniontown, PA, Gentle Angels Caregiving Services LLC
provides home care services. [BN]
The Plaintiff is represented by:
David M. Manes, Esq.
MANES & NARAHARI, LLC
One Oxford Centre
301 Grant St, Suite 270
Pittsburgh, PA 15219
Telephone: (412) 626-5570
Facsimile: (412) 650-4845
E-mail: dm@manesnarahari.com
GOLDENCORR SHEETS: Duarte Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Antonio Duarte, individually, and on behalf of all others similarly
situated v. GOLDENCORR SHEETS, LLC, a limited liability company;
and DOES 1 through 10, inclusive, Case No. 24STCV04342 (Cal. Super.
Ct., Los Angeles Cty., Feb. 21, 2024), is brought for California
Labor Code violations and unfair business practices stemming from
Defendants' failure to pay minimum wages, failure to pay overtime
wages, failure to provide meal periods, failure to authorize and
permit rest periods, failure to maintain accurate records of hours
worked and meal periods, failure to timely pay all wages to
terminated employees, failure to indemnify necessary business
expenses, and failure to furnish accurate wage statements.
Throughout the statutory period, Defendants failed to pay Plaintiff
for all hours worked (including minimum wages and overtime wages),
failed to provide Plaintiff with uninterrupted meal periods, failed
to authorize and permit Plaintiff to take uninterrupted rest
periods, failed to indemnify Plaintiff for necessary business
expenses, failed to timely pay all final wages to Plaintiff when
Defendants terminated Plaintiff's employment, and failed to furnish
accurate wage statements to Plaintiff, says the complaint.
The Plaintiff worked for Defendants in the County of Los Angeles,
State of California, as a control room operator from July 2022 to
January 2024.
The Defendants own/owned and operate/operated an industry,
business, and establishment within the State of California,
including Los Angeles County.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
S. Phillip Song, Esq.
Stanley J. Park, Esq.
MOON LAW GROUP, PC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Phone: (213) 232-3128
Facsimile: (213) 232-3125
Email: kmoon@moonlawgroup.com
psong@moonlawgroup.com
spark@moonlawgroup.com
GOOSEHEAD INSURANCE: To Settle Dollens Stockholder Suit
-------------------------------------------------------
Goosehead Insurance, Inc. disclosed in its Form 10-K for the fiscal
year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 21, 2024, that on November 10,
2022, a verified stockholder class action complaint for declaratory
relief, captioned "Mickey Dollens v. Goosehead Insurance, Inc.,"
C.A. No. 2022-1018-JTL, was filed in the Court of Chancery of the
State of Delaware, alleging certain corporate governance documents
adopted by the company were invalid under Delaware law. The parties
has entered into a proposed settlement.
On August 8, 2023, the parties entered into a proposed settlement
providing for certain non-monetary benefits to the class (i.e.,
revisions to the company's Stockholder Agreement). A hearing was
held on February 22, 2024 to, among other things, consider whether
to grant final approval of the proposed settlement. Additionally,
the plaintiff has petitioned the court for attorneys' fees and
litigation expenses.
Goosehead is an independent insurance agency based out of Westlake,
Texas.
GRAND AVENUE HEALTHCARE: Jimenez Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
Sandra I. Jimenez, an individual and class representative on behalf
of herself and all other similarly situated non-exempt former and
current employees v. GRAND AVENUE HEALTHCARE & WELLNESS CENTRE, LP,
a California Limited Partnership; SHLOMO RECHNITZ, an individual;
and DOES 1 through 10, inclusive, Case No. 24STCV04276 (Cal. Super.
Ct., Los Angeles Cty., Feb. 20, 2024), is brought against the
Defendants failure to provide required meal periods; failure to
provide required rest periods; failure to pay overtime wages;
failure to pay minimum wage; failure to timely pay wages; failure
to pay all wages due to discharged and quitting employees; failure
to maintain required records; failure to furnish accurate itemized
statements; failure to indemnify employees for necessary
expenditures incurred in discharge of duties; and unfair and
unlawful business practices.
While employed as non-exempt Janitorial workers, Plaintiff and the
Aggrieved Employees routinely worked periods of 4 hours or more,
twice per work day, without receiving 2 full, uninterrupted, 10
minute rest break periods per every 4 hours worked, in violation of
California Industrial Commission's Order 5. The Defendants did not
provide Plaintiffs and the Aggrieved Employees, All Non Exempt
Janitorial Workers, a full and uninterrupted 30 minute meal period
for every five hours worked. Defendants did not obtain written meal
period and/or rest period waivers signed by Plaintiffs and
Plaintiff Aggrieved Employees for days where meal periods and rest
periods were missed by Plaintiffs and Aggrieved Employees.
Moreover, Plaintiffs and Aggrieved Employees were not compensated
for missed meal and rest periods in compliance with applicable
California laws and regulations. The allegations complained of in
this paragraph place Defendants in clear violation of the
California Industrial Welfare Commission Wage Order 5 and
applicable Labor Codes, says the complaint.
The Plaintiff was employed by the Defendants as a non-exempt
employee.
Grand Avenue Healthcare & Wellness Centre, LP is a skilled nursing
facility.[BN]
The Plaintiff is represented by:
Shoham J. Solouki, Esq.
Grant Joseph Savoy, esq.
SOLOUKI | SAVOY, LLP
316 W. 2nd Street, Suite 1200
Los Angeles, CA 90012
Phone: (213) 814-4940
Facsimile: (213) 814-2550
Email: Shoham@soloukisavoy.com
grant@soloukisavoy.com
GREENLIGHT BOOKSTORE: Faces Hernandez ADA Class Suit in E.D.N.Y.
----------------------------------------------------------------
A class action lawsuit has been filed against Greenlight Bookstore,
LLC. The case is captioned as TIMOTHY HERNANDEZ, individually and
on behalf of all others similarly situated, v. GREENLIGHT
BOOKSTORE, LLC, Case No. 1:24-cv-02210-AMD-RML (E.D.N.Y., March 26,
2024).
The suit alleges the Defendant's violation of the Americans with
Disabilities Act.
Greenlight Bookstore, LLC is a general independent bookstore in
Brooklyn, New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Email: pshaker@steinsakslegal.com
HAZA FOODS: Townsend ADA Suit Moved From N.D.N.Y. to W.D.N.Y.
-------------------------------------------------------------
The case styled SARAH TOWNSEND, individually and on behalf of all
others similarly situated v. HAZA FOODS, LLC. et al., Case No.
5:23-cv-01419, was transferred from the U.S. District Court for the
Northern District of New York to the U.S. District Court for the
Western District of New York on March 26, 2024.
The Clerk of Court for the Western District of New York assigned
Case No. 6:24-cv-06180-EAW to the proceeding.
The suit alleges the Defendants' violation of the Americans with
Disabilities Act.
Haza Foods, LLC is a restaurant operator doing business in New
York. [BN]
The Plaintiff is represented by:
Benjamin J. Sweet, Esq.
NYE STIRLING HALE, MILLER & SWEET, LLP
1145 Bower Hill Road, Suite 104
Pittsburgh, PA 15243
Telephone: (412) 857-5350
Email: ben@nshmlaw.com
- and -
Jordan Porter, Esq.
NYE STIRLING HALE MILLER & SWEET, LLP
33 W. Mission Street, Ste. 201
Santa Barbara, CA 93101
Telephone: (805) 963-2345
HOMEDELIVERYLINK INC: German Sues Over Unlawful Misclassifying
--------------------------------------------------------------
Jesus German, and on behalf of himself and all others similarly
situated v. HOMEDELIVERYLINK, INC., Case No. 8:24-cv-00491-WFJ-SPF
(M.D. Fla., Feb. 23, 2024), is brought under the Fair Labor
Standards Act ("FLSA"), and for violations of the Florida
Constitution, the Florida Minimum Wage Act ("FMWA"), the Florida
Unfair and Deceptive Trade Practices Act ("FDUTPA"), and for
conversion under Florida common law, challenging HDL's uniform
policy of willfully misclassifying its Florida Delivery Drivers as
independent contractors, when they are, under the economic reality
test, employees of Defendant.
By unlawfully misclassifying its Florida Delivery Drivers as
independent contractors, HDL creates a scheme in which it faces the
public and effectively acts as a singular enterprise comprised of
its Florida Delivery Driver employees, yet passes its ordinary
costs of doing business on to those employees it unlawfully
categorizes as independent contractors in order to gain an unfair
method of competition and trade through unconscionable acts or
practices by: Failing to pay its Florida Delivery Drivers minimum
wage and overtime premium required by Federal law as compensation
for every hour that they worked; Creating negative tax implications
for its Florida Delivery Drivers depriving them of their right to
seek benefits under the Florida Worker's compensation program and
the Florida Reemployment Assistance program, and effectively
reducing their long-term contributions to the federal Medicare and
Social Security programs; Being unjustly enriched not only by the
unpaid labor of the Florida Delivery Drivers but also as to
Defendant's diversion of losses and the costs of doing business
onto those Florida Delivery Drivers it unlawfully categorizes as
independent contractors, says the complaint.
The Plaintiff was hired by the Defendant to work as a Delivery
Drivers at the facility in Brandon, Florida.
The Defendant operates a freight transportation company operating
in Brandon, Florida, in Hillsborough County.[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
HOPSKIPDRIVE INC: McIntosh Files Suit in C.D. California
--------------------------------------------------------
A class action lawsuit has been filed against HopSkipDrive, Inc.
The case is styled as Tara McIntosh, individually and on behalf of
all others similarly situated v. HopSkipDrive, Inc., Case No.
2:24-cv-01676-JFW-MRW (C.D. Cal., Feb. 29, 2024).
The nature of suit is stated as Other Personal Property for
Property Damage.
HopSkipDrive -- https://www.hopskipdrive.com/ -- is the leader in
innovative, scalable school transportation solutions.[BN]
The Plaintiff is represented by:
Byron T. Ball, Esq.
BALL LAW FIRM
100 Wilshire Boulevard, Suite 700
Los Angeles, CA 90401
Phone: (310) 980-8039
Email: btb@balllawllp.com
- and -
William B. Federman, Esq.
FEDERMAN AND SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
HUMANA INC: Bahar FDCPA Suit Removed to M.D. Florida
----------------------------------------------------
The case styled as Anthony Bahar, individually and on behalf of all
those similarly situated v. Humana Inc., Case No. 24-CA-000303 was
removed from the Thirteenth Judicial Circuit, to the U.S. District
Court for the Middle District of Florida on Feb. 16, 2024.
The District Court Clerk assigned Case No. 8:24-cv-00429-KKM-SPF to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Humana Inc. -- https://www.humana.com/ -- is a for-profit American
health insurance company based in Louisville, Kentucky.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer Gomes Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th St, Suite 1744
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
The Defendants are represented by:
Robert E. Sickles, Esq.
Yesica S. Liposky, Esq.
DINSMORE & SHOHL LLP
201 N Franklin St Ste 3050
Tampa, FL 33602-5816
Phone: (813) 543-9848
Fax: (813) 543-9849
Email: robert.sickles@dinsmore.com
yesica.liposky@dinsmore.com
HYZON MOTORS: Parties in Kauffmann Await Ruling on Bid to Dismiss
-----------------------------------------------------------------
Hyzon Motors Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on March 22, 2024, that the motion to dismiss
the Kauffmann securities class suits await ruling of the U.S.
District Court for the Western District of New York.
Three related putative securities class action lawsuits were filed
between September 30, 2021 and November 15, 2021, in the U.S.
District Court for the Western District of New York against the
Company, certain of the Company's current and former officers and
directors and certain former officers and directors of DCRB
(Kauffmann v. Hyzon Motors Inc., et al. (No. 21- cv-06612-CJS),
Brennan v. Hyzon Motors Inc., et al. (No. 21-cv-06636-CJS), and
Miller v. Hyzon Motors Inc. et al. (No. 21-cv-06695-CJS)),
asserting violations of federal securities laws.
The complaints generally allege that the Company and individual
defendants made materially false and misleading statements relating
to the nature of the Company's customer contracts, vehicle orders,
and sales and earnings projections, based on allegations in a
report released on September 28, 2021, by Blue Orca Capital, an
investment firm that indicated that it held a short position in the
Company's stock and which has made numerous allegations about the
Company.
These lawsuits have been consolidated under the caption In re Hyzon
Motors Inc. Securities Litigation (Case No. 6:21-cv-06612-CJS-MWP),
and on March 21, 2022, the court-appointed lead plaintiff filed a
consolidated amended complaint seeking monetary damages.
The Company and individual defendants moved to dismiss the
consolidated amended complaint on May 20, 2022, and the
court-appointed lead plaintiff filed its opposition to the motion
on July 19, 2022.
The court-appointed lead plaintiff filed an amended complaint on
March 21, 2022, and a second amended complaint on September 16,
2022.
Briefing regarding the Company and individual defendants'
anticipated motion to dismiss the second amended complaint was
stayed pending a non-binding mediation among the parties, which
took place on May 9, 2023.
The parties did not reach a settlement during the May 9, 2023
mediation.
On June 20, 2023, the court granted the lead plaintiff leave to
file a third amended complaint, which was filed on June 23, 2023.
The third amended complaint added additional claims.
The Company filed a motion to dismiss on September 13, 2023, and
DCRB and former DCRB officers, directors, and its sponsor filed a
motion to dismiss on the same day.
The lead plaintiff filed oppositions to the motions to dismiss on
October 25, 2023, and defendants filed a reply on November 22,
2023.
The parties are awaiting a ruling from the court.
Hyzon Motors Inc. is headquartered in Honeoye Falls, New York, and
is into commercializing proprietary heavy-duty fuel cell
technology
through assembling and upfitting HD hydrogen fuel cell electric
vehicles in the United States, Europe, and Australia.
ITW FOOD EQUIPMENT: Abid-Castelo Sues Over Unpaid Minimum, OT Wages
-------------------------------------------------------------------
Ali Abid-Castelo, individually, and on behalf of all others
similarly situated v. ITW FOOD EQUIPMENT GROUP LLC, a corporation;
and DOES 1 through 10, inclusive, Case No. 24CV065981 (Cal. Super.
Ct., Alameda Cty., Feb. 29, 2024), is brought against Defendants
for California Labor Code violations and unfair business practices
stemming from Defendants' failure to pay for all hours worked
(minimum, straight time, and overtime wages), failure to provide
meal periods, failure to authorize and permit rest periods, failure
to timely pay final wages, failure to furnish accurate wage
statements, and failure to indemnify employees for expenditures.
The Defendants are subject to the California Labor Code, Wage
Orders issued by the Industrial Welfare Commission ("IWC"), and the
California Business & Professions Code. Despite these requirements,
throughout the statutory period, Defendants maintained a
systematic, company-wide policy and practice of: Failing to pay
employees for all hours worked, including all minimum, straight
time, and overtime wages in compliance with the California Labor
Code and IWC Wage Orders; Failing to provide employees with timely
and duty-free meal periods in compliance with the California Labor
Code and IWC Wage Orders, failing to maintain accurate records of
all meal periods taken or missed, and failing to pay an additional
hour's pay for each workday a meal period violation occurred;
Failing to authorize and permit employees to take timely and
duty-free rest periods in compliance with the California Labor Code
and IWC Wage Orders, and failing to pay an additional hour's pay
for each workday a rest period violation occurred; Willfully
failing to pay employees all expenditures, minimum wages, straight
time wages, overtime wages, meal period premium wages, and rest
period premium wages due within the time period specified by
California law when employment terminates; Failing to provide
employees with accurate, itemized wage statements containing all
the information required by the California Labor Code and IWC Wage
Orders; and, Failing to indemnify employees for expenditures
incurred in direct discharge of duties of employment, says the
complaint.
The Plaintiff is a resident of California who worked for Defendants
in Alameda County, California.
The Defendants own/owned and operate/operated an industry,
business, and establishment within the State of California,
including Alameda County.[BN]
The Plaintiff is represented by:
Justin F. Marquez, Esq.
Benjamin H. Haber, Esq.
Maxim Gorbunov, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: (213) 381-9988
Facsimile: (213) 381-9989
Email: justin@wilshirelawfirm.com
benjamin@wilshirelawfirm.com
mgorbunov@wilshirelawfirm.com
IV MEDIA LLC: Dalton Files ADA Suit in D. Minnesota
---------------------------------------------------
A class action lawsuit has been filed against IV Media LLC. The
case is styled as Julie Dalton, individually and on behalf of all
others similarly situated v. IV Media LLC, Case No.
0:24-cv-00494-DWF-DLM (D. Minn., Feb. 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
IV Media, LLC is an internet media company providing local,
national, and international news, weather, business, sports,
political and more.[BN]
The Plaintiff is represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
JOSH ROSEBROOK SKIN: Fernandez Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Josh Rosebrook Skin
and Hair Care, LLC. The case is styled as Jacqueline Fernandez, on
behalf of herself and all others similarly situated v. Josh
Rosebrook Skin and Hair Care, LLC, Case No. 1:24-cv-01187-JPC
(S.D.N.Y., Feb. 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Josh Rosebrook -- https://joshrosebrook.com/ -- is an
integrity-founded skin, hair and body care company on a mission to
strengthen skin health and support the vitality of the person
within.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
JUMIO INC: Smith Files Suit in N.D. California
----------------------------------------------
A class action lawsuit has been filed against Jumio, Inc. The case
is styled as Jonathan Smith, on behalf of himself and all other
similarly situated v. Jumio, Inc., Case No. 5:24-cv-01093-PCP (N.D.
Cal., Feb. 22, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Jumio -- http://www.jumio.com/-- is an online mobile payment and
identity verification company that provides card and ID scanning
and validation products for mobile and web transactions, which they
sell as "Netverify Trusted Identity as a Service".[BN]
The Plaintiff is represented by:
Jerusalem F. Beligan, Esq.
Leah Beligan, Esq.
BELIGAN LAW GROUP, LLP
19800 MacArthur Blvd., Ste 300
Newport Beach, CA 92612
Phone: (949) 224-3881
Fax: (949) 209-5645
Email: lmbeligan@gmail.com
KAHALA FRANCHISING: Hernandez Files ADA Class Suit in E.D.N.Y.
--------------------------------------------------------------
A class action lawsuit has been filed against Kahala Franchising,
LLC. The case is captioned as TIMOTHY HERNANDEZ, individually and
on behalf of all others similarly situated, v. KAHALA FRANCHISING,
LLC, Case No. 1:24-cv-02211 (E.D.N.Y., March 26, 2024).
The suit alleges the Defendant's violation of the Americans with
Disabilities Act.
Kahala Franchising, LLC is a fast food restaurant company based in
Arizona. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Email: pshaker@steinsakslegal.com
KEENAN & ASSOCIATES: Thomas Files Suit C.D. California
------------------------------------------------------
A class action lawsuit has been filed against Keenan & Associates.
The case is styled as Jasmine Kroner Thomas, individually and on
behalf of all others similarly situated v. Keenan & Associates,
Case No. 2:24-cv-01288-MCS-DTB (C.D. Cal., Feb. 27, 2024).
The nature of suit is stated Other P.I. for Non-Motor Vehicle.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiff is represented by:
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
CLAYEO ARNOLD APLC
6200 Canoga Avenue, Suite 735
Woodland Hills, CA 91367
Phone: (747) 777-7748
Fax: (916) 924-1829
Email: aberry@justice4you.com
gharoutunian@justice4you.com
- and -
Brandi S. Spates
Jillian R. Dent
Kate C. Marshall
Norman E. Siegel
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Phone: (816) 714-7100
Email: spates@stuevesiegel.com
dent@stuevesiegel.com
marshall@stuevesiegel.com
siegel@stuevesiegel.com
- and -
Brandon Pierce Jack
CLAYEO ARNOLD, APC
12100 Wilshire Boulevard 8th Floor
Los Angeles, CA 90025
Phone: (747) 777-7748
Fax: (916) 924-1829
Email: bjack@justice4you.com
KELLER WILLIAMS: Faces Ortiz Contract Suit in D. Colorado
---------------------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is captioned as KEVIN ORTIZ, individually and
on behalf of all others similarly situated v. KELLER WILLIAMS
REALTY, INC., Case No. 1:24-cv-00838-GPG-KAS (D. Colo., March 26,
2024).
The suit is brought over Defendant's alleged contract violations.
Keller Williams Realty, Inc. is an American technology and
international real estate franchise with headquarters in Austin,
Texas. [BN]
The Plaintiff is represented by:
Kevin Daniel Stanley, Esq.
HUMPHREY FARRINGTON & MCCLAIN, PC
P.O. Box 900
221 West Lexington, Suite 400
Independence, MO 64050
Telephone: (816) 836-5050
Facsimile: (816) 836-8966
Email: kds@hfmlegal.com
KIMPTON HOTEL: Latourette Files Suit in California State Court
--------------------------------------------------------------
A class action lawsuit has been filed against Kimpton Hotel &
Restaurant Group, LLC, et al. The case is captioned as WAVERLY
LATOURETTE, individually and on behalf of all others similarly
situated, v. KIMPTON HOTEL & RESTAURANT GROUP, LLC, et al., Case
No. CGC24613426 (Cal. Super., San Francisco Cty., March 26, 2024).
A case management conference is set for August 28, 2024, before
Judge Anne-Christine Massullo.
Kimpton Hotel & Restaurant Group, LLC is a hotel and restaurant
company in California. [BN]
The Plaintiff is represented by:
Zachary Crosner, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd., Ste. 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
Email: zach@crosnerlegal.com
KING COUNTY, WA: Zimmerman Files Petition for Writ of Mandate
-------------------------------------------------------------
Michelle Zimmerman, individually and as petitioner on behalf of
herself and all persons similarly situated v. KING COUNTY,
WASHINGTON and DOW CONSTANTINE in his official capacity as King
County Executive, the CITY OF SEATTLE, a municipal corporation and
BRUCE HARRELL in his official capacity as the Mayor of the City of
Seattle, the department of PUBLIC HEALTH – SEATTLE & KING COUNTY
and FAISAL KHAN in his official capacity as Director of Public
Health – Seattle & King County, and DOES 1 through 100,
inclusive, Case No. 24-2-04429-9 KNT (Wash. Super. Ct., King Cty.,
Feb. 27, 2024), is brought as a complaint for damages and Petition
For Writ Of Mandate Upon Affidavit, alleging the following based
upon personal knowledge, and information and belief as to all other
matters based upon, inter alia, the investigation of counsel, a
review of the defendants' and other third-party publicly available
documents, announcements, wire and press releases, and other
information readily obtainable in the public domain.
The Plaintiff brings this action for financial compensation and
medical monitoring for the long-term chronic injuries, illness,
damage, financial losses, expenses, and other tangible losses
suffered by plaintiff as the result of defendants' tortious
misconduct as described herein, including without limitation their
failure to comply with the emergency declarations of the United
States Secretary of Health and Human Services (the "Secretary")
emergency declarations, (ii) failure to comply with public-health
requirements and guidance from the Centers for Disease Control and
Prevention (the "CDC"), the Food and Drug Administration ("FDA"),
and other applicable authorities, public agencies, and their
delegates having jurisdiction, responsibility, and authority over
the manufacture, distribution, and administration of medical
countermeasures in response to the Secretary's declaration of
emergency1, negligence and gross negligence, intentional and
negligent misrepresentations and omissions, failure to secure
plaintiff's informed consent, and failure to follow the accepted
standard of care when vaccinating and providing post-vaccination
health care services to plaintiff, to compel defendants to comply
with their non-discretionary duties under federal and state laws,
rules, regulations, requirements, and guidelines mandating that
defendants' administering of vaccinations be consistent with all
emergency declarations of the Secretary, and applicable
requirements and guidelines of the CDC, FDA, and other authorities
having jurisdiction, to ensure that actual and potential
vaccination providers and recipients are educated with respect to
contraindications, the voluntary nature of defendants' vaccination
program, and the availability of potential benefits and
compensation.
What this action does not concern is the nationwide debate over
vaccinations, fantastical conspiracy theories about vaccines, or
allegations of willful misconduct to achieve a wrongful purpose.
Plaintiff is not an "anti-vaxxer" or conspiracy theorist and does
not oppose vaccination in general. To the contrary, believing what
defendants told her that COVID-19 vaccinations were approved by the
FDA as safe and effective, and encouraged by defendants to accept
the Johnson & Johnson COVID-19 vaccine (the "J&J Vaccine") in order
to continue teaching in person classes, plaintiff was amongst the
earliest persons vaccinated in King County when she was injected by
defendants with a dose of the J&J Vaccine from lot number 1805031
on March 14, 2021.
However, when administering the vaccine defendants failed to comply
with: the requirements of the Secretary's emergency declarations
and the FDA and CDC as well as other mandatory public health
guidelines and directives in administering, dispensing, and using
the J&J Vaccine; public health guidance from all applicable
authorities having jurisdiction over the administration,
dispensing, and use of the J&J Vaccine; the applicable federal
contracts and agreements related to the administration, dispensing,
and use of the J&J Vaccine; and all requirements of federal and
other authorities having jurisdiction applicable to the
administration, dispensing, and use of the J&J Vaccine. As a direct
and proximate cause of defendants' acts and omissions in
administering the J&J Vaccine that were inconsistent with the
Secretary's emergency declarations and mandated public health
guidelines, plaintiff was injected with the J&J Vaccine which she
would not have otherwise accepted and suffered a resulting cascade
of devastating neurological reactions which has totally disabled
and incapacitated her and destroyed her career and ability to
conduct normal life functions as she had before the vaccination. As
a result, this complaint and petition seeks to compel defendants to
comply with applicable laws in connection with the administration
of vaccines as well as damages and the other relief prayed for
herein for plaintiff, says the complaint.
The Plaintiff is a 40-year-old woman who at all times material to
this claim was a resident of King County, Washington.
King County is a Washington county organized and existing under the
laws of the State of Washington.[BN]
The Plaintiff is represented by:
Robert L. Teel, Esq.
LAW OFFICE OF ROBERT L. TEEL
1425 Broadway, Mail Code: 20-6690
Seattle, WA 98122
Phone: 866.833.5529
Facsimile: 855.609.6911
Email: lawoffice@rlteel.com
KITH RETAIL: Hernandez Sues ADA Violation in E.D.N.Y.
-----------------------------------------------------
A class action lawsuit has been filed against Kith Retail, LLC. The
case is captioned as TIMOTHY HERNANDEZ, individually and on behalf
of all others similarly situated, v. KITH RETAIL, LLC, Case No.
1:24-cv-02212 (E.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Kith Retail, LLC is a retail company in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Email: pshaker@steinsakslegal.com
KNIGHT BARRY TITLE: Lewandowski Sues Over Failure to Secure Data
----------------------------------------------------------------
Julie Lewandowski, individually and on behalf of all others
similarly situated v. KNIGHT BARRY TITLE, INC., Case No.
2:24-cv-00219 (E.D. Wis., Feb. 19, 2024), is brought as a result of
the Defendants failure to secure sensitive data including
Personally identifiable information ("PII").
The Defendant acquired, collected, and stored Plaintiff's and Class
Members' PII and financial information. The Defendant knew or
should have known, that Plaintiff and Class Members would use
Defendant's services to store and/or share sensitive data,
including highly confidential PII and financial information.
Between July 25, 2023, and August 15, 2023, unauthorized
third-party cybercriminals gained access to Plaintiff's and Class
Members' PII and financial information as hosted with Defendant,
with the intent of engaging in the misuse of the PII and financial
information, including marketing and selling Plaintiff's and Class
Members' PII and financial information.
Personally identifiable information ("PII") generally incorporates
information that can be used to distinguish or trace an
individual's identity, and is generally defined to include certain
identifiers that do not on their face name an individual, but that
is considered to be particularly sensitive and/or valuable if in
the wrong hands (for example, Social Security numbers, passport
numbers, driver's license numbers, financial account numbers).
The Defendant disregarded the rights of Plaintiff and Class Members
by intentionally, willfully, recklessly, or negligently failing to
take and implement adequate and reasonable measures to ensure that
Plaintiff's and Class Members' PII and financial information was
safeguarded, failing to take available steps to prevent
unauthorized disclosure of data, and failing to follow applicable,
required and appropriate protocols, policies and procedures
regarding the encryption of data, even for internal use.
As a result, the PII and financial information of Plaintiff and
Class Members was compromised through disclosure to an unknown and
unauthorized third party—an undoubtedly nefarious third party
that seeks to profit off this disclosure by defrauding Plaintiff
and Class Members in the future, says the complaint.
The Plaintiff is a former client of KB and victim of the Data
Breach.
Knight Barry Title, Inc. is a company that issues title insurance
and provides title-related services to consumers, lenders, lawyers,
developers, builders, and real estate professionals.[BN]
The Plaintiff is represented by:
Anthony Procaccio, Esq.
A. PROCACCIO LAW OFFICE, S.C.
1433 N. Water St., Suite 400
Milwaukee, WI 53202
Phone: (414) 644-0321
Email: anthony@aprolawoffice.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
KROGER CO: McConnon Sues Over False and Deceptive Advertising
-------------------------------------------------------------
Sissy McConnon, on behalf of herself and all others similarly
situated v. THE KROGER CO., a corporation; and DOES 1 through 10,
inclusive, Case No. 24STCV04525 (Cal. Super. Ct., Los Angeles Cty.,
Feb. 23, 2024), is brought against the Defendant based on the
Defendant's false and deceptive advertising and labeling regarding
its Private Selection Avocado Oil Products.
During the statute of limitations period, Kroger has marketed,
labeled, advertised, and sold its Private Selection Avocado Oil
(the "Class Products") to consumers with packaging that has
prominently represented that it is avocado oil. The packaging of
the Class Products unequivocally states that the oil is "Avocado
Oil" (the "Avocado Oil Representation").
Reasonable consumers take the Avocado Oil Representation at face
value--i.e., the Class Products are pure avocado oil. However,
unbeknownst to consumers, the Class Products are adulterated with
other oils.
The Plaintiff seeks relief in this action individually, and on
behalf of all other similarly situated individuals who purchased
the falsely and deceptively labeled Class Products during the
statute of limitations period, for violations of California's False
Advertising Law, California's Unfair Competition Law, California's
Consumers Legal Remedies Act, breach of express and implied
warranty, and intentional misrepresentation (i.e., common law
fraud), says the complaint.
The Plaintiff purchased a 1 liter bottle of Kroger's Private
Selection Avocado Oil at a Ralphs store in Van Nuys and at a Ralphs
store in Sherman Oaks, California.
Kroger is one of the largest grocery retailers in the United
States.[BN]
The Plaintiff is represented by:
Aubry Wand, Esq.
THE WAND LAW FIRM, P.C.
100 Oceangate, Suite 1200
Long Beach, CA 90802
Phone: (310) 590-4503
Email: awand@wandlawfirm.com
- and -
Lisa T. Omoto, Esq.
FARUQI & FARUQI, LLP
1901 Avenue of the Stars, Suite 1060
Los Angeles, CA 90067
Phone: (424) 256-2884
Email: lomoto@faruqilaw.com
LANDMARK MEDICAL: Zepeda Sues Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Julia Maria Arauz Zepeda, individually and on behalf of all others
similarly situated v. LANDMARK MEDICAL SERVICES, INC., a California
corporation; and DOES 1 through 50, inclusive, Case No. 24STCV04454
(Cal. Super. Ct., Los Angeles Cty., Feb. 22, 2024), is brought for
California Labor Code violations, unfair business practices, and
monetary penalties stemming from Defendants' failure to pay
overtime compensation, failure to provide compliant meal periods,
failure to authorize and permit compliant rest periods, failure to
pay minimum wages, failure to timely pay final wages, and failure
to provide accurate and complete itemized wage statements.
The Plaintiff is informed and believes, and thereon alleges, that
Defendants engaged in an ongoing and systematic scheme of wage and
hour violations against their hourly-paid or non-exempt employees.
This scheme involved, inter alia, requiring Plaintiff and the Class
to work off the clock without compensation, thereby failing to pay
them for all hours worked, including minimum and overtime wages. On
information and belief, Defendants automatically deduct thirty
minutes for meal periods that were not provided to Plaintiff, and
on information and belief, the Class and the Aggrieved Employees.
As a result of these practices, which failed to capture and
compensate for all hours worked, Plaintiff and the Class were
deprived of all required wages including minimum and overtime
wages. In addition, Defendants routinely failed to permit Plaintiff
and the Class to take timely and duty-free meal periods and rest
periods in violation of California law, and failed to pay
associated meal and rest period premium wages. Defendants also
failed to provide accurate itemized wage statements for each pay
period, and failed to timely pay all wages owed during and upon
termination of employment, says the complaint.
The Plaintiff worked for Defendants as a dishwasher and cook at
Defendants' facility located in Pomona, California.
The Defendants are owners and operators of skilled nursing care
facilities and do business under the name "Landmark Medical
Center."[BN]
The Plaintiff is represented by:
Hengameh S. Safaei, Esq.
NORTH LAW, P.C.,
12100 Wilshire Boulevard, 8th Floor
Los Angeles, CA 90025
Phone: (213) 868-3232
Facsimile: (213) 315-0162
Email: safaei@northlegalpc.com
LEAD GENESIS: Tom Files TCPA Suit in M.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against Lead Genesis
Partners, LLC. The case is styled as David Tom, individually and on
behalf of all others similarly situated v. Lead Genesis Partners,
LLC, Case No. 6:24-cv-00417-JSS-LHP (M.D. Fla., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Lead Genesis -- https://leadgenesis.com/ -- is America's #1
residential solar lead provider since 2011.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 S Dixie Hwy, 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
The Defendant is represented by:
Yaniv Adar, Esq.
MARK MIGDAL & HAYDEN
80 S.W. 8th Street, Suite 1999
Miami, FL 33130
Phone: (305) 374-0440
Email: yaniv@markmigdal.com
MARY ANNE CITRINO: Garfield Sues Over Problematic Bylaw
-------------------------------------------------------
Robert Garfield, on behalf of himself and all similarly situated
stockholders of ALCOA CORPORATION v. MARY ANNE CITRINO, PASQUALE
FIORE, THOMAS J. GORMAN, JAMES A. HUGHES, ROBERTO O. MARQUES,
WILLIAM F. OPLINGER, CAROL L. ROBERTS, JACKSON P. ROBERTS, STEVEN
W. WILLIAMS, ERNESTO ZEDILLIO, and ALCOA CORPORATION, Case No.
2024-0158- (Del. Chancery Ct., Feb. 21, 2024), is brought against
the Defendants' Advance Notice Bylaw which is highly problematic
and effectively serves as a deterrent to stockholders.
Like many corporations, Alcoa has an advance notice bylaw that
requires any stockholder seeking to nominate a candidate for
election to the board of directors (the "Board") to provide advance
notice of such nomination to the Company (the "Advance Notice
Bylaw"). The Advance Notice Bylaw dictates the time period during
which a notice of nomination must be received by the Company (the
"Nomination Window"), and sets forth the requirements of what
information must be included in a notice of nomination. Alcoa's
Advance Notice Bylaw is highly problematic and effectively serves
as a deterrent to stockholder nominations for two reasons.
First, the Advance Notice Bylaw's definition of "Acting in Concert"
creates uncertainty regarding the information that a proposing
stockholder must disclose in connection with its director
nominations because it contemplates that stockholders are "Acting
in Concert" with one another even absent any express agreement,
arrangement, or understanding. As a result, a stockholder cannot,
as a practical matter, distinguish between a mere concurrence of
self-interest with another stockholder, on the one hand, and a
legally significant connection impacting a stockholder's nomination
obligations, on the other.
Second, the Acting in Concert definition contains both a "Wolf-Pack
Provision," which deems stockholders to be Acting in Concert with
one another if they act "in parallel" with each other, and a "Daisy
Chain Provision," which deems two stockholders working with the
same third party to be Acting in Concert, regardless of whether the
two stockholders know about each other's existence.
Alcoa's Advance Notice Bylaw thereby incorporates a definition of
"Acting in Concert" that renders the Advance Notice Bylaw
preclusive and coercive. These provisions serve as an unlawful
deterrent to those seeking to meaningfully participate in the
nomination process—a fundamental right of stockholders of a
Delaware corporation. Because stockholders may be Acting in Concert
with other stockholders without any knowledge of doing so, it is
impossible, as a practical matter, for a stockholder to submit a
notice of nomination that complies with the Advance Notice Bylaw or
reasonably believe that their notice of nomination complies with
the Advance Notice Bylaw (because the identity and existence of
unknown persons is, by definition, unknown).
As a result, the Advance Notice Bylaw is an effective deterrent to
any stockholder considering nominating candidates for election to
the Board, impermissibly limits the scope of stockholders' voting
rights to voting for or against candidates nominated by the Board,
and is fundamentally inconsistent with the notion that
stockholders' right to vote includes the right to nominate.
A climate in which corporations gain a significant tactical
advantage by rejecting a notice of nomination due to non-compliance
with advance notice bylaws, combined with an advance notice bylaw
that cannot be complied with, is an effective deterrent to a proxy
contest, dissuading stockholders from ever submitting a notice of
nomination. As a result, the Advance Notice Bylaw effectively
limits the scope of stockholders' voting rights to vote for or
against candidates nominated by the Board and is fundamentally
inconsistent with the notion that stockholders' right to vote
includes the right to nominate, says the complaint.
The Plaintiff is an Alcoa stockholder since at least June 2016.
Alcoa is a global industry leader in bauxite, alumina, and aluminum
products.[BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Phone: (302) 499-3600
Email: kim@blockleviton.com
lindsay@blockleviton.com
irene@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Phone: (617) 398-5600
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street, Suite 700R
Stamford, CT 06902
MCKINLEY PACKAGING: Flores Sues Over Unpaid Wages
-------------------------------------------------
Ernesto Flores, as an individual and on behalf of all others
similarly situated v. MCKINLEY PACKAGING LA COMPANY, a Delaware
Corporation; and DOES 1 through 100, Case No. 24STCV04481 (Cal.
Super. Ct., Los Angeles Cty., Feb. 22, 2024), is brought for
recovery of unpaid wages and penalties under California Labor Code,
California Business and Professions Code and Industrial Welfare
Commission Wage Order ("Wage Order 1"), in addition to seeking
declaratory relief and restitution.
During Plaintiffs employment with Defendants, Defendants failed to
compensate Plaintiff and Other non-exempt employees for all hours
actually worked, resulting in unpaid minimum wages and additional
unpaid overtime wages. The Defendants also failed to provide
Plaintiff and other non-exempt employees with all legally-compliant
meal periods due to Defendants' unlawful meal period
policies/practices that failed to provide timely, duty-free
30-minute meal periods before the fifth hour of work or any second
meal periods when they worked shifts over 10.0 hours, says the
complaint.
The Plaintiff has been employed by Defendants as a non-exempt
"Assistant Machine Operator" starting from August 10, 2020.
The Defendants operate a manufacturing facility that makes boxes
for food and other products in locations such as Cerritos and Santa
Fe Springs, California.[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Fletcher W. Schmidt, Esq.
Andrew J. Rowbotham, Esq.
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Phone: (424) 292-2350
Fax: (424) 292-2355
Email: phaines@haineslawgroup.com
fschmidt@haineslawgroup.com
arowbotham@haineslawgroup.com
METRO FORD: Kransaint Sues Over Undisclosed Shop Supplies Fees
--------------------------------------------------------------
ERIC KRANSAINT, individually and on behalf of all others similarly
situated, Plaintiff v. METRO FORD, INC., Defendant, Case No.
194863210 (Ill. Cir. Ct., 11th Jud. Cir., Miami-Dade Cty., March
26, 2024) is a class action against the Defendant for violations of
the Florida Motor Vehicle Repair Act and the Florida Deceptive and
Unfair Trade Practices Act.
The case arises from the Defendant's pattern and practice of
charging its customers a shop supplies fee for its repair service
without including the required disclosure. As a result, the
Defendant created an additional and hidden profit due to the
undisclosed shop supplied fee, says the suit.
Metro Ford, Inc. is a repair shop operator located in Miami,
Florida. [BN]
The Plaintiff is represented by:
Roger D. Mason, II, Esq.
ROGER D. MASON, II, P.A
551 5th Ave. N.
Saint Petersburg, FL 33701
Telephone: (813) 304-2131
Email: rmason@flautolawyer.com
atolar@flautolawyer.com
admin@flautolawyer.com
NEWTON TEACHERS: Asher-Dotan Sues Over Illegal Strike
-----------------------------------------------------
Lital Asher-Dotan, mother and next friend of her minor children;
Dmitriy Sokolovskiy, father and next friend of his minor children;
Dan Eshet, father and next friend of his minor child; and Barbara
Cipriani, mother and next friend of her minor child; on behalf of
themselves and all others similarly situated v. NEWTON TEACHERS
ASSOCIATION, MICHAEL J. ZILLES, himself and as a representative of
a defendant class, MASSACHUSETTS TEACHERS ASSOCIATION, and NATIONAL
EDUCATION ASSOCIATION, Case No. 24-CV-493 (Mass. Commonwealth, Feb.
20, 2024), is brought against the Defendants illegal strike which
shutting down Newton's public schools for eleven days.
The Defendants knowingly, willfully. intentionally chose to break
the law by engaging in an illegal strike, shutting down Newton's
public schools for eleven days, and throwing the lives and
educations of 12,000 students and their families into chaos as a
result. Four of those parents now come to this Court seeking a
certified class action gainst the NTA and those who conspired with
it to break the law for justice and compensation to rectify the
immense, documented damage its illegal acts inflicted on students
and their families.
The NTA's illegal acts not only violated Section 9A of
Massachusetts's public-sector labor law. They were also basic
common-law torts: negligence and nuisance. They also interfered
with the state constitutional right of these children to a public
education through intimidation and coercion, a cause of action
under state statute. They also breached NTA's contract with the
Newton School Committee, of which the students are intended
third-party beneficiaries. NTA did not undertake this action alone,
but did so with the active assistance of other unions that chose to
subsidize and support its illegal behavior, which constitutes the
tort of civil conspiracy. These tortious acts created real damage:
learning loss for the students, emotional distress for the students
and parents, and out-of-pocket costs for parents like tutors,
camps, day care, babysitters, burned vacation and sick days, and
missed work shifts.
Indeed, creating these damages for students and their families were
the key to the strike: the NTA calculated that the school committee
would cave if the community could no longer tolerate the
inconvenience and disruption caused by the strike. The union chose
its illegal strike and chose to bear the costs of contempt of court
to keep striking to drive parents to a point of desperation: "Pay
them whatever they want, just get my kid back in school." That was
willful, wanton, and wrong. The students and families of Newton
deserve to be made whole for the real losses they experienced from
the NTA's knowing choice to intentionally, blatantly break the law
and impose these damages on the putative classes, says the
complaint.
The Plaintiffs are parents of children in the Newton schools.
The Newton Teachers Association (NTA) is an unincorporated
voluntary association that is the exclusive bargaining
representative of 2,000 employees of the Newton School Committee
across five bargaining units.[BN]
The Plaintiff is represented by:
Ilya I. Feoktistov, Esq.
LAW OFFICE OF ILYA FEOKTISTOV
292 Newbury Street, No. 544
Boston, MA 02115
Phone: (617) 462-7938
Email: if@ilyafeoktistov.com
- and -
Daniel R. Suhr, Esq.
Patrick J. Hughes, Esq.
HUGHES & SUHR LLC
747 N. LaSalle St., Suite 210
Chicago, IL 60654
NFL ENTERPRISES: Chrum Sues Over Unsolicited Text Messages
----------------------------------------------------------
MELISSA CHRUM, individually and on behalf of all others similarly
situated, Plaintiff v. NFL ENTERPRISES, LLC., Defendant, Case No.
1:24-cv-02163 (S.D.N.Y., March 22, 2024) accuses the Defendant of
violating the Telephone Consumer Protection Act.
The Defendant allegedly engaged in unsolicited text messaging to
promote its products and services and continues to text message
consumers after they have opted out of Defendant's solicitations.
Through this action, Plaintiff seeks injunctive relief to halt
Defendant's illegal conduct, which has resulted in the invasion of
privacy, harassment, aggravation, and disruption of the daily life
of thousands of individuals. The Plaintiff also seeks statutory
damages on behalf of Plaintiff and members of the Class, and any
other available legal or equitable remedies.
Based in New York, NY, NFL Enterprises, LLC operates and promotes
athletic clubs and events. [BN]
The Plaintiff is represented by:
Rachel Edelsberg, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (917) 456-9603
E-mail: rachel@dapeer.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
E-mail: mhiraldo@hiraldolaw.com
Telephone: (954) 400-4713
NORTH RESTAURANTS: Jaramillo Seeks Unpaid OT for Bartenders/Servers
-------------------------------------------------------------------
KAITLIN JARAMILLO, on behalf of herself and all others similarly
situated, Plaintiff v. NORTH RESTAURANTS LLC, Defendant, Case No.
2:24-cv-02115 (D. Kan., March 26, 2024) is a class action against
the Defendant for failure to pay overtime wages in violation of the
Fair Labor Standards Act and state and common laws in the U.S.
Ms. Jaramillo was employed as a server/bartender at North
Restaurants' North Italia location in Leawood, Kansas from
approximately September 2018 until August 2023.
North Restaurants LLC is a restaurant company doing business in
various states in the U.S., including Kansas. [BN]
The Plaintiff is represented by:
John J. Ziegelmeyer III, Esq.
Brad K. Thoenen, Esq.
Kevin A. Todd, Esq.
Ethan A. Crockett, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
1501 Westport Road
Kansas City, MO 64111
Telephone: (816) 875-3332
Email: jziegelmeyer@hkm.com
bthoenen@hkm.com
ktodd@hkm.com
ecrockett@hkm.com
- and -
Michael Hodgson, Esq.
THE HODGSON LAW FIRM, LLC
3609 SW Pryor Road
Lee's Summit, MO 64082
Telephone: (816) 600-0117
Facsimile: (816) 600-0137
Email: mike@thehodgsonlawfirm.com
NORTHERN GENESIS: Faces Jaar Suit Over Securities Law Violations
----------------------------------------------------------------
JACQUES JAAR, Individually and On Behalf Of All Others Similarly
Situated, Plaintiff v. NORTHERN GENESIS ACQUISITION CORP., IAN
ROBERTSON, PAUL DALGLISH, MICHAEL HOFFMAN, KEN MANGET, BRAD
SPARKES, ROBERT SCHAEFER, THE LION ELECTRIC COMPANY, MARC BEDARD,
and NICOLAS BRUNET, Defendants, Case No. 1:24-cv-02155 (S.D.N.Y.,
March 22, 2024) alleges violations of the Securities Exchange Act
of 1934 and Securities and Exchange Commission's Rules 10b-5 and
14a-9 in connection with the business combination or merger between
NORTHERN GENESIS ACQUISITION CORP (NGA) and Legacy Lion Electric.
According to the complaint, the Defendants allegedly used
materially deceptive "risk factor" statements to withhold the truth
about problems facing Legacy Lion Electric, including supply chain
problems with its suppliers and sub-suppliers. The Defendants also
misled NGA's stockholders about Lion Electric's prospects using
grossly unrealistic financial projections and failed to provide NGA
stockholders with the "net cash" value of their shares--the key
disclosure about the fundamental purchasing power their NGA shares
represented.
Despite being aware of multiple serious business problems with
Legacy Lion Electric -- including the Lion Electric's supply chain
problems and habit of entering into sale agreements for vehicles
that it had not yet even prototyped -- the NGA Founders pursued the
Merger in the expectation that they would receive a substantial
return on their personally-minimal stakes in the business
combination, says the suit.
NGA is a blank check company incorporated on May 27, 2020 as a
Delaware corporation for the purpose of effecting a merger, capital
stock exchange, asset acquisition, stock purchase, reorganization
or similar business combination with one or more businesses. The
company survived the merger as a wholly-owned subsidiary of Lion
Electric. [BN]
The Plaintiff is represented by:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4740
New York, NY 10118
Telephone: (212) 971-1341
Facsimile: (212) 202-7880
E-mail: jmonteverde@monteverdelaw.com
NOVOCURE LTD: Faces Securities Suit Over Clinical Trial Disclosure
------------------------------------------------------------------
NovoCure Limited disclosed in its Form 10-K for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that in June 2023, a putative
class action lawsuit was filed against the company, its Executive
Chairman and its Chief Executive Officer.
The complaint, later amended to add its Chief Financial Officer as
a defendant, purports to be brought on behalf of a class of persons
and/or entities who purchased or otherwise acquired ordinary shares
of the company from January 5, 2023 through June 5, 2023, and
alleges material misstatements and/or omissions in the company's
public statements with respect to the results from its phase 3
LUNAR clinical trial.
NovoCure Limited is a global oncology company with a proprietary
platform technology called Tumor Treating Fields, which are
electric fields that exert physical forces to kill cancer cells via
a variety of mechanisms. Its key priorities are to drive commercial
adoption of "Optune Gio(R)" and "Optune Lua(R)," its commercial
therapy devices.
OFFICE DEPOT: Yount Sues Over Undisclosed Wage Scale or Salary
--------------------------------------------------------------
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, Case No. 24-2-03771-3 SEA (Wash. Super. Ct., King Cty., Feb.
16, 2024), is brought on behalf of individuals who applied to job
openings with the Defendants where the job postings did not
disclose the wage scale or salary being offered in violation of
Revised Code of Washington ("RCW").
Under the RCW, effective January 1, 2023, employers must disclose,
in each posting for each job opening, the wage scale or salary
range, and a general description of all of the benefits and other
compensation to be offered to the hired applicant. The Washington
Legislature finds that "despite existing equal pay laws, there
continues to be a gap in wages and advancement opportunities among
workers in Washington." The Legislature further finds that "lower
starting salaries translate into lower pay, less family income, and
more children and families in poverty."
From January 1, 2023 to the present, Plaintiff and more than 40
Class members applied to job openings with Defendants for positions
located in Washington State where the postings did not disclose the
wage scale or salary range being offered. On September 28, 2023,
Plaintiff applied for a job opening in King County, Washington with
Defendants. The posting she responded to did not disclose the wage
scale or salary range being offered.
The Plaintiff applied to work for Defendants in good faith with the
intent of gaining employment, so long as the wage scale or salary
range, which remains unknown, meets her and her family's financial
needs. The Plaintiff and the Class lost valuable time applying for
jobs with Defendants for which the wage scale or salary range being
offered was not disclosed to them. The Plaintiff and the Class
applied to work for Defendants in good faith with the intent of
gaining employment, so long as the wage scale or salary range,
which remains unknown, meets their financial needs.
As a result of Plaintiff's and Class members' inability to evaluate
the pay for the position, negotiate that pay, and compare that pay
to other available positions in the marketplace, Plaintiff and the
Class members suffered economic and non-economic harm. As a result
of Defendants' actions and omissions, Plaintiff and the Class have
been economically and non-economically damaged in amounts to be
established at trial, says the complaint.
The Plaintiff resides in King County, Washington and applied to
work for the Defendants at their store located in Seattle,
Washington.
Office Depot, LLC is a Delaware limited liability company that
regularly transacts business in King County, Washington.[BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Phone: (206) 442-9106
Fax: (206) 441-9711
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
PACIFIC MARKET: Moses Files Suit in W.D. North Carolina
-------------------------------------------------------
A class action lawsuit has been filed against Pacific Market
International, LLC. The case is styled as Genesis Moses, Pamela
Hunt, individually and on behalf of all others similarly situated
v. Pacific Market International, LLC, Case No.
3:24-cv-00247-RJC-DCK (W.D.N.C., Feb. 29, 2024).
The nature of suit is stated as Contract Product Liability.
Pacific Market International, LLC -- https://pmiworldwide.com/ --
manufactures, markets, and designs food and beverage gear.[BN]
The Plaintiffs are represented by:
Blake Garrett Abbott, Esq.
COPELAND STAIR VALZ & LOVELL, LLP
40 Calhoun Street, Suite 400
Charleston, SC 29401
Phone: (843) 727-0307
Email: babbott@csvl.law
- and -
David Edward Kouba, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Phone: (202) 942-5626
Email: david.kouba@arnoldporter.com
PINI INSURANCE: Pinn Files TCPA Suit in S.D. Florida
----------------------------------------------------
A class action lawsuit has been filed against Pini Insurance, LLC,
et al. The case is styled as Kelly Pinn, individually and on behalf
of all others similarly situated v. Pini Insurance, LLC, Leadzer
Insurance Services, Case No. 1:24-cv-20751-PCH (S.D. Fla., Feb. 27,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Pini Insurance -- https://piniinsurance.com/ -- is a family-owned
agency, serving Floridians with affordable insurance for over 25
years.[BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN PA
400 NW 26th Street
Miami, FL 33127
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
- and -
Avi Robert Kaufman, Esq.
KAUFMAN P.A.
31 Samana Drive
Miami, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
PNC BANK: Porwal Suit Removed to D. New Jersey
----------------------------------------------
The case styled as Praful Porwal, individually and on behalf of
those similarly situated v. PNC BANK, N.A., PNC BANCORP, INC. also
known as: PNC MORTGAGE, MARK HUTCHINSON, JOHN 1-10 DOES (names
being fictitious and unknown), ABC CORPS 1–10 (names being
fictitious and unknown), Case No. MID-L-005920-23 was removed from
the Superior Court of New Jersey, Middlesex County, to the U.S.
District Court for the District of New Jersey on Feb. 16, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00887-ES-JSA to
the proceeding.
The nature of suit is stated as Truth in Lending.
PNC Bank, National Association --
https://www.pnc.com/en/personal-banking.html -- operates as a bank.
The Bank offers saving and current account, investment and
financial services, online banking, mortgage and non-mortgage loan
facilities, as well as issues credit card and business loans.[BN]
The Plaintiff is represented by:
Shaun I. Blick, Esq.
BLICK LAW LLC
220 Davidson Avenue, Suite 300
Somerset, NJ 08873
Phone: (848) 222-3500
Fax: (848) 222-3550
Email: sblick@blicklaw.com
The Defendants are represented by:
William Patrick Reiley, Esq.
BALLARD SPAHR LLP
700 East Gate Drive, Suite 330
Mt. Laurel, NJ 08054-0015
Phone: (856) 761-3400
Email: reileyw@ballardspahr.com
- and -
Andrew Michele Carobus, Esq.
BALLARD SPAHR LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
Phone: (215) 864-8364
Email: carobusa@ballardspahr.com
POLAR FUSION: Faces Thorne Suit Over ADA Violations in S.D.N.Y.
---------------------------------------------------------------
A class action lawsuit has been filed against Polar Fusion LLC. The
case is captioned as BRAULIO THORNE, individually and on behalf of
all others similarly situated, v. POLAR FUSION LLC, Case No.
1:24-cv-02286 (S.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Polar Fusion LLC is a consumer goods company headquartered in Kent,
Washington. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: michael@gottlieb.legal
PORT OF MORROW: Pearson Files Suit in D. Oregon
-----------------------------------------------
A class action lawsuit has been filed against Port of Morrow, et
al. The case is styled as Michael Pearson, Michael Brandt, Virginia
Brandt, James Suter, Silvia Suter, on behalf of themself and all
others similarly situated v. Port of Morrow, Case No.
2:24-cv-00362-HL (D. Ore., Feb. 28, 2024).
The nature of suit is stated as Environmental Matters for the
Resource Conservation & Recovery Act.
The Port of Morrow -- https://www.portofmorrow.com/home -- is the
port authority in Boardman, a city in Morrow County, Oregon.[BN]
The Plaintiff is represented by:
Michael A Bliven, Esq.
Robert Dwyer, Esq.
BLIVEN LAW FIRM, P.C.
704 South Main
Kalispell, MT 59901
Phone: (406) 755-6828
Email: mike@blivenlawfirm.com
rdwyer@blivenlawfirm.com
- and -
John Heenan, Esq.
HEENAN & COOK, PLLC
1631 Zimmerman Trail, Ste. 1
Billings, MT 59102
Phone: (406) 839-9091
Fax: (406) 839-9092
Email: john@lawmontana.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHARPIO LLP
1301 2nd Ave., Suite 2000
Seattle, WA 98101
Phone: (206) 623-7292
Fax: (206) 623-0594
Email: steve@hbsslaw.com
PRESTIGE CARE INC: Perry Files Suit in W.D. Washington
------------------------------------------------------
A class action lawsuit has been filed against Prestige Care, Inc.
The case is styled as Kimberly Perry, individually and on behalf of
all others similarly situated v. Prestige Care, Inc., Case No.
3:24-cv-05151-SKV (W.D. Wash., Feb. 22, 2024).
The nature of suit is stated as Other Personal Property.
Prestige -- https://www.prestigecare.com/ -- is part of a complete
senior care organization, which includes over 75 independent
living, assisted living, memory care, skilled nursing and
rehabilitation.[BN]
The Plaintiff is represented by:
Danielle L Perry, Esq.
Gary E Mason, Esq.
Lisa A White, Esq.
MASON LLP (DC)
5335 Wisconsin Ave. NW, Ste. 640
Washington, DC 20015
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: dperry@masonllp.com
gmason@masonllp.com
lwhite@masonllp.com
- and –
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS LLP
705 2nd Ave., Ste. 1200
Seattle, WA 98104-1729
Phone: (206) 682-6711
Fax: (206) 682-0401
Email: msubit@frankfreed.com
The Defendant is represented by:
Nicholas C. Larson, Esq.
MURPHY PEARSON BRADLEY AND FEENEY
520 Pike Street, Suite 1205
Seattle, WA 98101
Phone: (206) 219-2008
Email: nlarson@mpbf.com
PRIMARY ARMS: McQueen Sues Over Interception of Communications
--------------------------------------------------------------
Kenneth McQueen, on behalf of himself and all others similarly
situated v. PRIMARY ARMS, LLC, Case No. 2:24-cv-00725-GEKP (E.D.
Pa., Feb. 20, 2024), is brought against Defendant which operates,
controls and manages the website www.primaryarms.com due to
unlawful interception of communications.
The Defendant aids, employs, agrees, and conspires with third
parties, including but not necessarily limited to Listrak Inc. to
intercept communications sent and received by Plaintiff and Class
Members, including communications containing protected information
about firearms purchases. Plaintiff brings this action for legal
and equitable remedies resulting from these illegal actions, says
the complaint.
The Plaintiff purchased a Seekins Precision SP10 6.5 Creedmoor
Semi-Automatic AR-10 Rifle from www.primaryarms.com.
Defendant owns and operates www.primaryarms.com and sells firearms
and firearm accessories.[BN]
The Plaintiff is represented by:
Steven A. Schwartz, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Phone: (610) 642-8500
Fax: (610) 649-3633
Email: sas@chimicles.com
- and -
Joshua D. Arisohn, Esq.
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Fax: (212) 989-9163
Email: jarisohn@bursor.com
pfraietta@bursor.com
- and -
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave., Suite 1420
Miami, FL 33131-2800
Phone: (305) 330-5512
Facsimile: (305) 676-9006
Email: sbeck@bursor.com
PRIMO WATER: Moore Suit Removed to D. Massachusetts
---------------------------------------------------
The case captioned as Jason Moore, on behalf of himself and all
others similarly situated v. PRIMO WATER CORPORATION, Case No.
2383CV00946 was removed from the Circuit Court of the Massachusetts
Superior Court in Plymouth County, to the United States District
Court for the District of Massachusetts on Feb. 20, 2024, and
assigned Case No. 1:24-cv-10403-JCB.
This case is a putative class action arising from Primo's sale of
water and water products in Massachusetts. Primo offers
Massachusetts consumers the option to purchase and later exchange
empty bottles of Primo water for prefilled bottles of Primo water
(the "Exchange Program"); and/or for consumers to refill their
bottle at Primo dispensers across the state (the "Refill
Program").[BN]
The Plaintiff is represented by:
Jeffrey Thorn, Esq.
THORN LAW PLLC
90 Canal Street, Suite 120
Boston, MA 02114
Email: jgt@thornlawpllc.com
The Defendants are represented by:
Lawrence G. Scarborough, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1177 Avenue of the Americas, 41st Floor
New York, NY 10036
Phone: (212) 248-3140
Email: lawrence.scarborough@faegredrinker.com
PRODUCTION BUILDER: Engelhardt Sues Over Piece Rate Pay Scheme
--------------------------------------------------------------
JOSEPH ENGELHARDT, Individually and For Others Similarly Situated
v. PRODUCTION BUILDER SERVICES, LLC d/b/a CARTER & CLARK, Case No.
1:24-cv-01258-SEG (N.D. Ga., March 22, 2024) seeks to recover
unpaid overtime wages and other damages from Production Builder
Services, LLC d/b/a Carter & Clark pursuant to the Fair Labor
Standards Act.
Plaintiff Engelhardt alleges that Defendant's uniform piece rate
pay scheme violates the FLSA by depriving Engelhardt and the other
piece rate workers of overtime when they work more than 40 hours in
a week.
Plaintiff Engelhardt worked the Defendant as a land surveyor/field
crew/party chief in Houston, TX and Jacksonville, FL from
approximately March 2022 through January 2024. Throughout his
employment, Defendant allegedly misclassified Engelhardt as an
independent contractor and refused to pay him overtime.
Headquartered in Lawrenceville, GA, Production Builder Services LLC
is land surveying firm that specializes in builder services for
production home builders. [BN]
The Plaintiff is represented by:
Jerey Stephens, Esq.
MORGAN & MORGAN, PA
191 Peachtree Street, NE Suite 4200
P.O. Box 57007
Atlanta, GA 30343-1007
Telephone: (404) 965-1682
E-mail: jstephens@forthepeople.com
- and -
C. Ryan Morgan, Esq.
MORGAN & MORGAN, PA
20 N. Orange Ave., 15th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsmile: (407) 867-479
E-mail: rmorgan@forthepeople.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
PROGRESS SOFTWARE: Buck Sues Over Failure to Safeguard PII
----------------------------------------------------------
John Buck, individually and on behalf of all others similarly
situated v. PROGRESS SOFTWARE CORPORATION; WELLTOK, INC.; and
OPTUM, INC. d/b/a OPTUM SPECIALTY PHARMACY, Case No.
0:24-cv-00588-KMM-DTS (D. Minn., Feb. 23, 2024), is brought against
Defendants for their failure to properly secure and safeguard
personally identifiable information ("PII") and private health
information ("PHI") (collectively "Private Information") including,
but not limited to, Plaintiff and Class Members' names, dates of
birth, phone numbers, mailing addresses, gender, member ID,
pharmacy account numbers, and prescription information.
During their business operations, Defendants acquired, collected,
utilized, and derived a benefit from Plaintiff's and Class Members'
Private Information. Therefore, Defendants owed and otherwise
assumed statutory, regulatory, contractual, and common law duties
and obligations, including to keep Plaintiff's and Class Members'
Private Information confidential, safe, secure, and protected from
the type of unauthorized access, disclosure, and theft that
occurred in the Data Breach.
Despite its duties to Plaintiff and Class Members related to and
arising from its cloud hosting and secure file transfer services
and applications involving MOVEit, PSC stored, maintained, and/or
hosted Plaintiff and Class Members' Private Information on its
MOVEit transfer services software that was negligently and/or
recklessly configured and maintained so as to contain security
vulnerabilities that resulted in multiple breaches of its network
and systems or of its customers' networks and systems. Upon
information and belief, these security vulnerabilities existed as
far back as 2021. As a result of the breach, unauthorized
third-party cybercriminals gained access to and obtained
Plaintiff's and Class Members' Private Information, says the
complaint.
The Plaintiff is an individual citizen of the State of New York,
residing in East Northport, New York.
PSC is a Massachusetts based software company that offers a wide
range of software products and services to corporate and
governmental entities throughout the United States and the world,
including cloud hosting and secure file transfer services such as
MOVEit.[BN]
The Plaintiff is represented by:
E. Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Phone: (612) 594-5933
Fax: (612) 584-4470
Email: emdrake@bm.net
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Phone: (513) 381-2333
Fax: (513) 766-9011
Email: jlyon@thelyonfirm.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Fax: (513) 345-8294
Email: jgoldenberg@gs-legal.com
- and -
Kristen A. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1 Faneuil Hall Square, 5th Floor
Boston, MA 02109
Phone: (617) 482-3700
Fax: (617) 482-3003
Email: kristen@hbsslaw.com
- and -
Steve W. Berman, Esq.
Sean R. Matt, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Phone: (206) 623-7292
Fax: (206) 623-0594
Email: steve@hbsslaw.com
sean@hbsslaw.com
- and -
Charles Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
Email: jbrown@leedsbrownlaw.com
mtompkins@leedsbrownlaw.com
PROGRESS SOFTWARE: Faces Buck Suit Over Unprotected Personal Info
-----------------------------------------------------------------
JOHN BUCK, individually and on behalf of all others similarly
situated, Plaintiff v. PROGRESS SOFTWARE CORPORATION; WELLTOK,
INC.; and OPTUM, INC. d/b/a OPTUM SPECIALTY PHARMACY, Defendants,
Case No. 1:24-cv-10783-ADB (D. Minn., March 26, 2024) is a class
action against the Defendants for negligence, negligence per se,
breach of contract, breach of third-party beneficiary contract,
unjust enrichment, and declaratory and injunctive relief.
The case arises from the Defendants' failure to properly secure and
safeguard personally identifiable information (PII) and protected
health information (PHI) of the Plaintiff and similarly situated
patients stored within the Defendants' MOVEit system following a
data breach. The Defendants also failed to timely notify the
Plaintiff and similarly situated patients about the data breach. As
a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Progress Software Corporation is a software company based in
Massachusetts.
Welltok, Inc. is a provider of healthcare communications software
based in Denver, Colorado.
Optum, Inc., doing business as Optum Specialty Pharmacy, is a
subsidiary of UnitedHealth Group that provides a variety of
pharmacy care services and direct healthcare services based in
Minnesota. [BN]
The Plaintiff is represented by:
E. Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
Facsimile: (612) 584-4470
Email: emdrake@bm.net
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
Email: jlyon@thelyonfirm.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
Email: jgoldenberg@gs-legal.com
- and -
Kristen A. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1 Faneuil Hall Square, 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
Email: kristen@hbsslaw.com
- and -
Steve W. Berman, Esq.
Sean R. Matt, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
sean@hbsslaw.com
- and -
Charles Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
Email: cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Email: jbrown@leedsbrownlaw.com
mtompkins@leedsbrownlaw.com
PUBMATIC INC: O'Connor Seeks to Invalidate Advance Notice Bylaw
---------------------------------------------------------------
KEVIN O'CONNOR, on behalf of himself and all similarly situated
stockholders of PUBMATIC, INC., Plaintiff v. SUSAN DAIMLER, SHELAGH
GLASER, AMAR GOEL, RAJEEV GOEL, ANTON HANEBRINK, RAMON JONES, MEHTA
NIKHIL RAMESH, JACOB SHULMAN, and PUBMATIC, INC., Defendants, Case
No. 2024-0307 (Del. Ch., March 26, 2024) is a class action against
the Defendants for declaratory judgment and breach of fiduciary
duty.
The Plaintiff seeks declaratory relief invalidating PubMatic's
Advance Notice Bylaw. According to the complaint, the Advance
Notice Bylaw is highly problematic and effectively serves as a
deterrent to stockholder nominations because of its definition of
"Acting in Concert," which contains both a "Wolf-Pack Provision,"
which deems stockholders to be Acting in Concert with one another
if they act in parallel with each other, and a "Daisy Chain
Provision," which deems two stockholders working with the same
third party to be Acting in Concert, regardless of whether the two
stockholders know about each other's existence. As a result, the
Advance Notice Bylaw is an effective deterrent to any stockholder
considering nominating candidates for election to the board,
impermissibly limits the scope of stockholders' voting rights to
voting for or against candidates nominated by the board and is
fundamentally inconsistent with the notion that stockholders' right
to vote includes the right to nominate, the Plaintiff asserts.
PubMatic, Inc. is an independent technology company that provides
digital advertising services, headquartered in California. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Daniel 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
PURPLE INNOVATION: Licea Suit Removed to C.D. California
--------------------------------------------------------
The case styled as Miguel Licea, individually and on behalf of all
others similarly situated v. Purple Innovation, LLC doing business
as: www.purple.com, Case No. 23STCV29324 was removed from the Los
Angeles County Superior Court, to the U.S. District Court for the
Central District of California on Feb. 23, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01546-ODW-MAA to
the proceeding.
The nature of suit is stated as Other Civil Rights.
Purple Innovation, LLC -- https://purple.com/ -- operates as a
technology company. The Company designs and manufactures cushions,
pillows, and other comfort products.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
The Defendant is represented by:
Bethany Gayle Lukitsch, Esq.
Michael Patrick Brown, Esq.
BAKER AND HOSTETLER LLP
11601 Wilshire Boulevard Suite 1400
Los Angeles, CA 90025-0509
Phone: (310) 820-8800
Fax: (310) 820-8859
Email: blukitsch@bakerlaw.com
mpbrown@bakerlaw.com
RING LLC: Thorne Files Civil Rights Suit in S.D.N.Y.
----------------------------------------------------
A class action lawsuit has been filed against Ring LLC. The case is
captioned as BRAULIO THORNE, individually and on behalf of all
others similarly situated, v. RING LLC, Case No. 1:24-cv-02287
(S.D.N.Y., March 26, 2024).
The suit is brought over Defendant's alleged violation of the
Americans with Disabilities Act.
Ring LLC is a manufacturer of home security and smart home devices,
headquartered in California. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
michael@gottlieb.legal
SGG USA: Knapp Farms Files Class Contract Suit in W.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against SGG USA, LLC, et al.
The case is captioned as KNAPP FARMS OPERATING, INC., et al.,
individually and on behalf of all others similarly situated, v. SGG
USA, LLC, et al., Case No. 6:24-cv-06184-CJS (W.D.N.Y., March 26,
2024).
The suit is brought over the Defendant's alleged contract
violation.
Knapp Farms Operating, Inc. is a farm operator in California.
SGG USA, LLC is a coil manufacturing equipment firm in New York.
[BN]
The Plaintiffs are represented by:
Theodore M. Baum, Esq.
ADAMS LECLAIR, LLP
1200 Bausch & Lomb Place
Rochester, NY 14604
Telephone: (585) 327-4100
Facsimile: (585) 327-4200
Email: tbaum@adamsleclair.law
SSR MINING: Lindemann Sues Over Misleading Statements on Securities
-------------------------------------------------------------------
ERIC LINDEMANN, individually and on behalf of all others similarly
situated, Plaintiff v. SSR MINING, INC., RODNEY P. ANTAL, ALISON
WHITE, STEWART J. BECKMAN, WILLIAM NEVIN, and F. EDWARD FARID,
Defendants, Case No. 1:24-cv-00808 (D. Colo., March 22, 2024) seeks
to recover damages caused by Defendants' violations of the federal
securities laws.
The Plaintiff brings this federal securities class action on behalf
of all investors who purchased or otherwise acquired SSR securities
between June 27, 2022 and February 12, 2024, inclusive. Throughout
this period, Defendants provided these overwhelmingly positive
statements to investors while, at the same time, disseminating
materially false and misleading statements and/or concealing
material facts that SSR management had adequate internal controls
specifically relating to safety practices and operational integrity
at the Copler mine in Turkey. This caused Plaintiff and other
shareholders to purchase SSR's securities at artificially inflated
prices, says the suit.
Headquartered in Denver, CO, SSR Mining, Inc. is a British Columbia
corporation that operates mining facilities.[BN]
The Plaintiff is represented by:
Adam M. Apton, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: aapton@zlk.com
STAR PEAK: Misleads Stockholders to Approve Merger, Ouyang Claims
-----------------------------------------------------------------
LIYAN OUYANG, individually and on behalf of all others similarly
situated, Plaintiff v. STAR PEAK SPONSOR LLC, STAR PEAK 19 LLC,
STAR PEAK L LLC, STAR PEAK M LLC, ERIC SCHEYER, ALEC LITOWITZ,
MICHAEL C. MORGAN, MICHAEL D. WILDS, ADAM E. DALEY, DESIREE ROGERS,
C. PARK SHAPER, JOHN CARRINGTON and WILLIAM BUSH, Defendants, Case
No. 2024-0302 (Del. Ch., March 26, 2024) is a class action against
the Defendants for breach of fiduciary duty, aiding and abetting
breach of fiduciary duty, and unjust enrichment.
According to the complaint, the Defendants filed a misleading Proxy
Statement to convince stockholders to approve the merger of STPK
and Legacy Stem. First, the Proxy Statement and Merger Agreement
indicated that the merger consideration to be paid to Legacy Stem
stockholders consisted solely of STPK stock valued at $10 per
share, but in reality, there was far less than that amount in cash
underlying those shares. Second, the Proxy Statement misrepresented
Stem's fundamental business and prospects. STPK shareholders, who
relied on the Proxy Statement, gave up their rights to redeem their
shares and approved the merger, which closed on or about April 28,
2021. When the truth was finally revealed, Stem's stock price
plummeted, now trading at $2.04 per share as of March 22, 2024,
with STPK's public stockholders left holding the bag, says the
suit.
Star Peak Sponsor LLC is a Delaware limited liability company.
Star Peak 19 LLC is a Delaware limited liability company.
Star Peak L LLC is a Delaware limited liability company.
Star Peak M LLC is a Delaware limited liability company. [BN]
The Plaintiff is represented by:
P. Bradford deLeeuw, Esq.
DELEEUW LAW LLC
1301 Walnut Green Road
Wilmington, DE 19807
Telephone: (302)274-2180
Facsimile: (302)351-6905
Email: brad@deleeuwlaw.com
- and -
Eric Lechtzin, Esq.
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 South State Steet, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
Email: elechtzin@edelson-law.com
medelson@edelson-law.com
- and -
Lawrence P. Eagel, Esq.
J. Brandon Walker, Esq.
Melissa A. Fortunato, Esq.
BRAGAR EAGEL & SQUIRE, P.C.
810 Seventh Avenue, Suite 620
New York, NY 10019
Telephone: (212) 308-5858
Facsimile: (212) 214-0506
Email: eagel@bespc.com
walker@bespc.com
fortunato@bespc.com
SUNNYVALLEY SMOKED: Martinez Files Suit in California State Court
-----------------------------------------------------------------
A class action lawsuit has been filed against Sunnyvalley Smoked
Meats, Inc. The case is captioned as CLAUDIA LILIANA RAMIREZ
MARTINEZ, individually and on behalf of all others similarly
situated, v. SUNNYVALLEY SMOKED MEATS, INC., Case No.
STK-CV-UOE-2024-0003818 (Cal. Super., San Joaquin Cty., March 26,
2024).
A case management conference is set for September 23, 2024, before
Judge Barbara Kronlund.
Sunnyvalley Smoked Meats, Inc. is a meat wholesaler in California.
[BN]
The Plaintiff is represented by:
Jessica L. Campbell, Esq.
AEGIS LAW
9811 Irvine Center Dr., #100
Irvine, CA 92618
Telephone: (949) 822-9220
TELEFLORA LLC: Fails to Secure Customers' Info, Cummings Alleges
----------------------------------------------------------------
JONATHAN CUMMINGS, individually and on behalf of all others
similarly situated, Plaintiff v. TELEFLORA LLC, Defendant, Case No.
2:24-cv-02474 (C.D. Cal., March 26, 2024) is a class action against
the Defendant for negligence, breach of implied contract, invasion
of privacy, unjust enrichment, and violation of the California
Unfair Competition Law.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its system
following a data breach. The Defendant also failed to timely notify
the Plaintiff and similarly situated individuals about the data
breach. As a result, the private information of the Plaintiff and
Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Teleflora LLC is a company that operates member florists throughout
the U.S. and Canada, with its principal office located in Los
Angeles, California. [BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
Email: jnelson@milberg.com
TEXAS: Fails to Detect Ballot Box Fraud, Pressley Suit Claims
-------------------------------------------------------------
LAURA PRESSLEY, ROBERT BAGWELL, TERESA SOLL, THOMAS L. KORKMAS, and
MADELON HIGHSMITH, on behalf of themselves and all others similarly
situated, Plaintiffs v. JANE NELSON, in her official capacity as
the Texas Secretary of State, CHRISTINA ADKINS, in her official
capacity as Director of the Elections Division of the Texas
Secretary of State, BRIDGETTE ESCOBEDO, in her official capacity as
Williamson County Elections Administrator; DESI ROBERTS, in his
official capacity as Bell County Elections Administrator, and
ANDREA WILSON, in her official capacity as Llano County Elections
Administrator, Defendants, Case No. 1:24-cv-00318 (W.D. Tex., March
26, 2024) is a class action against the Defendants for violations
of the Equal Protection and Due Process Clauses of the United
States Constitution.
The class action complaint seeks declaratory and injunctive relief
arising from failures of the Texas Secretary of State and the
elections administrators of certain Texas counties to comply with
the United States Constitution, Texas Constitution, and federal and
state election statutes.
According to the complaint, the Defendants violated the Equal
Protection and Due Process Clauses by their (1) failure to
consecutively number in-person ballots and detect ballot box fraud,
(2) approval and use of computerized unique identifier numbering of
their ballots, and (3) use of uncertified and illegal electronic
voting system equipment and electronic pollbook systems for
in-person voting. As a result of the Defendants' failures, the
Plaintiffs and others similarly situated have been deprived of
their right to cast a secret ballot that is protected against fraud
and have further violated the Equal Protection and Due Process
clauses of the Fourteenth Amendment, says the suit. [BN]
The Plaintiffs are represented by:
Anna Eby, Esq.
EBY LAW FIRM, PLLC
P.O. Box 1703
Round Rock, TX 78680
Telephone: (512) 410-0302
Facsimile: (512) 477-0154
Email: eby@ebylawfirm.com
- and -
Frank Dobrovolny, Esq.
THE DOBROVOLNY LAW FIRM, P.C.
217 South Ragsdale
Jacksonville, TX 75766
Telephone: (903) 586-7555
Email: DobrovolnyLawFirm@Gmail.com
- and -
Laura Pressley, Ph.D., Esq.
101 Oak Street, Ste. 248
Copperas Cove, TX 76522
Telephone: (313) 720-5471
Email: LauraPressley@Proton.me
THOMA BRAVO: Eisenberg Sues Over Unlawful Use of Corporate Funds
----------------------------------------------------------------
LOUIS EISENBERG, individually and on behalf of all others similarly
situated, Plaintiff v. CODY COWAN, EDWARD H. MCDERMOTT, TIMOTHY
NGUYEN, REEMA PODDAR, A.J. ROHDE, MARK SACHLEBEN, NICOLAAS VLOK,
DUSTON WILLIAMS, YAEL ZHENG, THOMA BRAVO, LLC and THOMA BRAVO UGP,
LLC, Defendants, and MERIDIANLINK, INC., Nominal Defendant, Case
No. 2024-0309 (Del. Ch., March 26, 2024) is a class action against
the Defendants for breach of fiduciary duty and aiding and
abetting.
According to the complaint, Thoma Bravo, MeridianLink's largest
stockholder, has exploited its dominance over the Company's Board
to cause the Company to authorize another stock repurchase program
that threatens to imminently grant Thoma Bravo outright voting
control over MeridianLink. The Plaintiff seeks expedited
proceedings and a prompt hearing on a forthcoming motion for
preliminary injunction to prevent the Defendants from using
MeridianLink's corporate treasury to pass control to Thoma Bravo
without Thoma Bravo paying a control premium to the Company's
public stockholders. The Plaintiff will also seek monetary damages
resulting from the Defendants' breaches of fiduciary duty and
aiding and abetting thereof.
Thoma Bravo, LLC is a private equity firm based in Chicago,
Illinois.
Thoma Bravo UGP, LLC is a general partner of Thoma Bravo, LLC.
MeridianLink, Inc. is a software and services company with its
principal place of business located in Costa Mesa, California.
[BN]
The Plaintiff is represented by:
Christine M. Mackintosh, Esq.
Vivek Upadhya, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, DE 19801
Telephone: (302) 622-7000
- and -
Christopher J. Orrico, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Avenue, 29th Floor
New York, NY 10017
Telephone: (646) 722-8500
- and -
Peretz Bronstein, Esq.
Eitan Kimelman, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, 46th Floor
New York, NY 10165
Telephone: (212) 697-6484
TOLUCA LAKE: Mamsaang Sues Over Illegal Employment Practices
------------------------------------------------------------
Williemae Mamsaang, individually, and on behalf of all aggrieved
employees v. TOLUCA LAKE COLLECTIVE, INC., a California
Corporation; and DOES 1 to 10, inclusive, Case No. 24STCV04162
(Cal. Super. Ct., Los Angeles Cty., Feb. 20, 2024), is brought
pursuant to Labor Code (the Private Attorneys General Act of 2004
or the "PAGA") for Defendants' violations of, inter alia, Labor
Code for penalties, attorneys' fees and costs, and prejudgment
interest (this second amended complaint is hereinafter referred to
as the "PAGA Complaint") to challenge the Defendants' systemic
illegal employment practices.
The Defendants have had a consistent policy of requiring Non-Exempt
Employees within the State of California, including Plaintiff, to
work over 10 hours without providing an additional, uninterrupted
meal period of 30 minutes and failing to pay such employees 1 hour
of pay at the employees' regular rate of compensation for each
workday that the meal period is not provided, or other
compensation, as required by California's state wage and hour laws.
The Plaintiff and certain Aggrieved Employees have each ceased
employment with TLC, and at the time of separation, each of the
Plaintiffs and those certain Aggrieved Employees were entitled to
be paid all wages due for all the hours they worked, but to date,
none of the Plaintiffs or these certain Aggrieved Employees have
received such compensation, says the complaint.
The Plaintiff was employed by Defendants from January 3, 2023 to
August 11, 2023 as a Non-Exempt Employee at TLC in Los Angeles,
California.
TLC and/or DOES are engaged in the ownership and operation of a
marijuana dispensary for customers located within Los Angeles
County.[BN]
The Plaintiff is represented by:
Leah M. Beligan, Esq.
Jerusalem F. Beligan, Esq.
BELIGAN LAW GROUP, LLP
19800 MacArthur Blvd., Suite 300
Newport Beach, CA 92612
Phone: (949) 224-3881
Facsimile: (949) 724-4566
Email: lmbeligan@beliganlawgroup.com
jbeligan@beliganlawgroup.com
TOP GUN: Faces Hernandez ADA Class Suit in E.D.N.Y.
---------------------------------------------------
A class action lawsuit has been filed against Top Gun Intellectual
Properties, LLC. The case is captioned as TIMOTHY HERNANDEZ,
individually and on behalf of all others similarly situated, v. TOP
GUN INTELLECTUAL PROPERTIES, LLC, Case No. 1:24-cv-02213 (E.D.N.Y.,
March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Top Gun Intellectual Properties, LLC is a retail company in New
York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Email: pshaker@steinsakslegal.com
TRACTOR SUPPLY: Frost Files ADA Suit in D. Minnesota
----------------------------------------------------
A class action lawsuit has been filed against Tractor Supply
Company. The case is styled as Clarence Frost, Tammy Frost,
individually and on behalf of all other similarly situated v.
Tractor Supply Company, Case No. 0:24-cv-00617-KMM-LIB (D. Minn.,
Feb. 27, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tractor Supply Co. -- https://www.tractorsupply.com/ -- is the
source for farm supplies, pet and animal feed and supplies,
clothing, tools, fencing, and so much more.[BN]
The Plaintiffs are represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
TRANSFORM SR: Faces Toro Suit Over ADA Violations in S.D.N.Y.
-------------------------------------------------------------
A class action lawsuit has been filed against Transform SR Holding
Management, LLC. The case is captioned as ANDREW TORO, individually
and on behalf of all others similarly situated, v. TRANSFORM SR
HOLDING MANAGEMENT, LLC, Case No. 1:24-cv-02257 (S.D.N.Y., March
26, 2024).
The suit alleges Defendant's violation of the Americans with
Disabilities Act.
Transform SR Holding Management, LLC is a company that owns and
operates department stores, doing business in New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
TRISTAR INSURANCE: Riggs Files Suit in C.D. California
------------------------------------------------------
A class action lawsuit has been filed against Tristar Insurance
Group, Inc. The case is styled as Bruce Riggs, individually and on
behalf of all others similarly situated v. Tristar Insurance Group,
Inc., Case No. 2:24-cv-01522-SPG-E (C.D. Cal., Feb. 23, 2024).
The nature of suit is state as Other Personal Property for Property
Damage.
TRISTAR Insurance Group -- https://tristargroup.net/ -- is the
largest privately held third party claims administrator with
offices nationwide specializing in workers compensation
claims.[BN]
The Plaintiffs are represented by:
Jason S. Rathod, Esq.
Nicholas A. Migliaccio, Esq.
MIGLIACCIO AND RATHOD LLP
412 H. St. NE, Suite 302
Washington, DC 20002
Phone: (202) 470-3520
Fax: (202) 800-2730
Email: jrathod@classlawdc.com
nmigliaccio@classlawdc.com
- and -
Robert A. Mackey, Esq.
LAW OFFICES OF ROBERT MACKEY
660 Baker Street, Building A, Suite 201
Costa Mesa, CA 92626
Phone: (412) 370-9110
Email: bobmackeyesq@aol.com
TRUSTEES OF EMMANUEL COLLEGE: Hamdan Sues Over Data Breach
----------------------------------------------------------
Brian Hamdan, individually, and on behalf of all others similarly
situated v. The Trustees of Emmanuel College, Case No.
1:24-cv-10400-AK (D. Mass., Feb. 20, 2024), is brought seeking
relief for Defendant's failure to reasonably safeguard Plaintiff's
and Class members' Private Information and for Defendant's failure
to inform Plaintiff and Class members concerning the status,
safety, location, access, and protection of their Private
Information.
As part of its operations, Emmanuel collects, maintains, and stores
highly sensitive personal and medical information concerning its
current, former, and prospective students and staff, including, but
not limited to full names, Social Security numbers, and government
identification (collectively, "personally identifiable information"
or "PII"); health insurance information and medical records
(collectively, "protected health information" or "PHI"); and
financial account information (collectively, with PII and PHI,
"Private Information").
On April 27, 2023, cybercriminals accessed Emmanuel's information
systems and databases and stole Private Information belonging to
Emmanuel's current, former, and prospective students and staff (the
"Data Breach"). Emmanuel discovered this unauthorized access on
January 16, 2024. On January 31, 2024, Emmanuel sent notices to
individuals whose Private Information was accessed in the Data
Breach. Because Emmanuel stored and handled Plaintiff's and Class
members' highly-sensitive Private Information, it had a duty and
obligation to safeguard this information and prevent unauthorized
third parties from accessing this data.
Ultimately, Emmanuel failed to fulfill this obligation, as
unauthorized cybercriminals breached its information systems and
databases and stole vast quantities of Private Information
belonging to current, former, and prospective students and staff,
including Plaintiff and Class members. The Data Breach—and the
successful exfiltration of Private Information— were the direct,
proximate, and foreseeable results of multiple failings by
Emmanuel.
The Data Breach occurred because Emmanuel failed to implement
reasonable security protections to safeguard its information
systems and databases. Thereafter, Emmanuel failed to timely detect
this Data Breach until 264 days after the Data Breach occurred.
Moreover, prior to Data Breach, Emmanuel failed to inform the
public that its data security practices were deficient and
inadequate. Had Plaintiff and Class members been made aware of this
fact, they would have never provided such information to Emmanuel,
says the complaint.
The Plaintiff is a current student at Emmanuel
Emmanuel College is a private Roman Catholic university in Boston,
Massachusetts.[BN]
The Plaintiff is represented by:
Patrick J. Sheehan, Esq.
WHATLEY KALLAS, LLP
101 Federal Street, 19th Floor
Boston, MA 02110
Phone: (617) 203-8459
Facsimile: (800) 922-4851
Email: psheehan@whatleykallas.com
- and -
Daniel O. Herrera, Esq.
Nickolas J. Hagman, Esq.
Alex Lee, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Phone: (312) 782-4880
Facsimile: (312) 782-4485
Email: dherrera@caffertyclobes.com
nhagman@caffertyclobes.com
alee@caffertyclobes.com
UNIVERSITY OF ROCHESTER: Fiacco Suit Transferred to D. Mass.
------------------------------------------------------------
The case styled DOMINIC FIACCO, individually and on behalf of all
others similarly situated v. UNIVERSITY OF ROCHESTER, Case No.
6:23-cv-06518, was transferred from the U.S. District Court for the
Western District of New York to the U.S. District Court for the
District of Massachusetts on March 26, 2024.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:24-cv-10777-ADB to the proceeding.
The suit is brought over Plaintiff's personal injury claims against
the Defendant.
University of Rochester is a private research university in
Rochester, New York. [BN]
The Plaintiff is represented by:
Lawrence Timothy Fisher, Esq.
BURSOR AND FISHER, PA
1990 N. California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
- and -
Matthew A Girardi, Esq.
Philip L. Fraietta, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Email: mgirardi@bursor.com
pfraietta@bursor.com
VERADIGM INC: Hogan Alleges Breach of Fiduciary Duties
------------------------------------------------------
GERALD HOGAN, Derivatively on Behalf of Nominal Defendant VERADIGM
INC., Plaintiff v. ELIZABETH ALTMAN, GREGORY GARRISON, SHIH-YIN HO,
JONATHAN JUDGE, SUSAN RODRIGUEZ, DAVE B. STEVENS, CAROL ZIERHOFFER,
PAUL M. BLACK, RICHARD J. POULTON, and LEAH S. JONES, Defendants,
and VERADIGM INC., Nominal Defendant, Case No. 1:24-cv-00375-UNA
(D. Del., March 22, 2024) alleges that certain current and former
executive officers and members of the Veradigm's Board of Directors
breached their fiduciary duties, were unjustly enriched, wasted
corporate assets, and have violated Sections 10(b) of the
Securities Exchange Act of 1934.
Plaintiff Hogan brings this shareholder derivative action against
the Board for breaching their fiduciary duties to Veradigm and its
stockholders by intentionally or recklessly making or permitting
the dissemination of materially false and misleading statements and
omissions from February 26, 2021 through December 7, 2023. Among
other things, the Board failed to disclose that Veradigm had
overstated its historical revenues by at least $20 million and that
Veradigm had artificially inflated its revenue by recording
duplicate transactions over a more than two-year period, says the
Plaintiff.
Veradigm is a healthcare technology company that provides
healthcare providers with practice management and electronic health
record technology. The company derives revenue primarily from
software delivery and support, as well as related client services.
[BN]
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Gina M. Serra, Esq.
Herbert W. Mondros, Esq.
RIGRODSKY LAW, P.A.
300 Delaware Avenue, Suite 210
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: sdr@rl-legal.com
gms@rl-legal.com
hwm@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
WAHL CLIPPER: Thorne Sues Over ADA Violations in S.D.N.Y.
---------------------------------------------------------
A class action lawsuit has been filed against Wahl Clipper
Corporation. The case is captioned as BRAULIO THORNE, individually
and on behalf of all others similarly situated, v. WAHL CLIPPER
CORPORATION, Case No. 1:24-cv-02288 (S.D.N.Y., March 26, 2024).
The suit is brought over Defendant's alleged violation of the
Americans with Disabilities Act.
Wahl Clipper Corporation is an American manufacturer of grooming
products, headquartered in Sterling, Illinois. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
michael@gottlieb.legal
WALGREENS BOOTS: Acne Treatment Products Contain BPO, Bodunde Says
------------------------------------------------------------------
OLABISI BODUNDE, individually and on behalf of all others similarly
situated, Plaintiff v. WALGREENS BOOTS ALLIANCE, INC., Defendant,
Case No. 1:24-cv-02437 (N.D. Ill., March 26, 2024) is a class
action against the Defendant for violations of the Illinois
Consumer Fraud and Deceptive Trade Practices Act and State Consumer
Fraud Acts and for unjust enrichment.
The case arises from the Defendant's manufacturing, distribution,
advertising, marketing, and sale of acne treatment products under
various brands that contain the active ingredient benzoyl peroxide
(BPO). BPO degrades over time into benzene, a carcinogenic impurity
that has been linked to leukemia and other cancers. The presence of
benzene in the products renders them adulterated and misbranded,
and therefore illegal to sell under both federal and state law. The
Plaintiff and other Class members would not have purchased the
Products, or would have paid substantially less for the products,
had the Defendant disclosed that they contained or risked
containing benzene, or otherwise not misrepresented that they did
not contain or were not at risk of containing benzene, says the
suit.
Walgreens Boots Alliance, Inc. is an American multinational holding
company headquartered in Deerfield, Illinois. [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
Email: 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
Email: 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
Email: 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
Email: 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
Email: pfraietta@bursor.com
WILDFISH CANNERY: Toro Files ADA Class Suit in S.D.N.Y.
-------------------------------------------------------
A class action lawsuit has been filed against Wildfish Cannery,
LLC. The case is captioned as ANDREW TORO, individually and on
behalf of all others similarly situated, v. WILDFISH CANNERY, LLC,
Case No. 1:24-cv-02258 (S.D.N.Y., March 26, 2024).
The suit is brought over the Defendant's alleged violation of the
Americans with Disabilities Act.
Wildfish Cannery, LLC is a food manufacturer doing business in New
York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
Email: mars@khaimovlaw.com
YARDI SYSTEMS: Frank and Nagireddi Sue Over Unlawful Price Fixing
-----------------------------------------------------------------
DANIEL FRANK and LAKSHMI NAGIREDDI, on behalf of themselves and all
others similarly situated, Plaintiffs v. YARDI SYSTEMS, INC.,
GREYSTAR REAL ESTATE PARTNERS, LLC, LINCOLN PROPERTY COMPANY, ASSET
LIVING, CUSHMAN & WAKEFIELD PLC, FPI MANAGEMENT, RPM LIVING,
APARTMENT MANAGEMENT CONSULTANTS LLC, BH MANAGEMENT SERVICES,
WINNCOMPANIES, AVENUE5 RESIDENTIAL, FEDERAL COMPANIES, BALACIANO
GROUP, and RAM PARTNERS, LLC, Defendants, Case No. 8:24-cv-00617
(C.D. Cal., March 22, 2024) seeks for treble damages and injunctive
relief to end the alleged unlawful price-fixing conspiracy and to
restore competition to apartment markets throughout the United
States.
Allegedly, the Defendants participate in a nationwide price-fixing
scheme using Yardi's "RENTmaximizer" service in which they increase
rental rates at least 6% above what rates would be if the landlords
were competing. By giving their most confidential pricing data to
Yardi and agreeing to use the prices that Yardi sets based on that
data, the Landlords agree to fix prices based on the prices Yardi
sets. Accordingly, Defendants' unlawful price fixing increases the
prices tenants pay and violates Section 1 of the Sherman Act, says
the suit.
Headquartered in Goleta, CA, Yardi licenses and supplies property
management software and services to owners and managers of
multifamily residential units. [BN]
The Plaintiffs are represented by:
Leiv Blad, Esq.
Jeffrey Blumenfeld, Esq.
Meg Slachetka, Esq.
COMPETITION LAW PARTNERS PLLC
1101 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: (202) 742-4300
Facsimile: (202) 810-9815
- and -
Don Bivens, Esq.
Teresita Mercado, Esq.
Don Bivens PLLC
15169 N. Scottsdale Road Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
teresita@donbivens.com
[*] Giftogram Sponsors 8th Annual Class Action Conference
---------------------------------------------------------
Giftogram, an online gift-giving platform, is a sponsor of the
Class Action Money & Ethics Conference this May.
Giftogram -- https://www.giftogram.com/ -- helps businesses send
gift cards and prepaid cards with their chosen design, logo, and
custom message in minutes. The recipient receives the Giftogram and
follows the simple instructions. The recipient then chooses their
preferred gift card from hundreds of today's top brands. They can
use their gift card immediately online or in-store.
Join Giftogram and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open. View
conference agenda at
https://www.classactionconference.com/agenda.html
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;
* 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 https://www.classactionconference.com/
For sponsorship or speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[*] Simpluris Sponsors 8th Annual Class Action Conference
---------------------------------------------------------
Simpluris, Inc., a provider of legal administration services, is a
sponsor of the Class Action Money & Ethics Conference this May.
For over 15 years, Simpluris -- https://www.simpluris.com/ -- has
administered legal settlements across the United States. The firm
specializes in class action administration, mass arbitration
administration, regulatory remediation and legal corporate
services.
Join Simpluris and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open. View
conference agenda at
https://www.classactionconference.com/agenda.html
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;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC; 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 speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[^] Davis Wright Sponsors 8th Annual Class Action Conference
------------------------------------------------------------
Davis Wright Tremaine LLP, an Am Law 100 firm, is a sponsor of the
Class Action Money & Ethics Conference this May.
Davis Wright Tremaine -- https://www.dwt.com/ -- is an American
business and litigation law firm founded in 1944. DWT specializes
in Brand Protection & Advertising, Corporate and Business
Transactions, Employment, Benefits & Immigration, Energy,
Environmental & Natural Resources, ESG, International Trade,
Investment & National Security, Litigation, Real Estate, and
Technology + Privacy & Security matters.
Join DWT 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;
* 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 https://www.classactionconference.com/
For sponsorship or speaking 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
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Information contained herein is obtained from sources believed to
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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 ***