/raid1/www/Hosts/bankrupt/CAR_Public/240719.mbx
C L A S S A C T I O N R E P O R T E R
Friday, July 19, 2024, Vol. 26, No. 145
Headlines
A&A SERVICES: Geerhart Sues Over Unprotected Private Information
ABM AVIATION: Newsome Suit Removed to C.D. California
AIR CANADA: Class Action Excludes Purchases Made Outside Quebec
ALCOA USA: Class Cert Bid Filing Deadline Stayed in Camire
ALO LLC: Garcia Sues Over Unlawful Disclosure of Private Info
ASR GROUP: D'Amico Alleges Antitrust Law Violations
CAPITAL ONE: Hoard Breach of Contract Suit Removed to S.D. Calif.
CAPUTO JEWELERS: Competello Sues Over Website's Inaccessibility
CDK GLOBAL: Formula Sports et al. Sue Over Private Data Breach
CHILDREN'S PLACE INC: Faces Gonzalez Suit in California Court
CHILDREN'S PLACE INC: Faces Khalsa Suit in New Jersey Court
CHRIS HERIA: Website Inaccessible to Blind Users, Valencia Says
CITIBANK NA: Letidas Logistics Files Suit in Fla. Cir. Ct.
CONSULTING RADIOLOGISTS: Bedard Files Suit in Minnesota
CONSULTING RADIOLOGISTS: Johnson Sues Over Patient Data Breach
CONSULTING RADIOLOGISTS: Riemersma Files Suit in Minnesota
CONTINENTAL AKTIENGESELLCHAFT: Flemister Suit Moved to N.D. Ohio
CONTINENTAL AKTIENGESELLCHAFT: MLL Suit Moved to N.D. Ohio
CONTINENTAL AKTIENGESELLCHAFT: Williams Suit Moved to N.D. Ohio
CYGNUS HOME: Valencia Sues Over Blind-Inaccessible Website
DAMM FINE PIZZA: Hudson Files Suit in Cal. Super. Ct.
DELTA AIR: Davis Pay Transparency Suit Removed to W.D. Wash.
DG3 NORTH: Cunningham Sues Over Alleged Data Security Failure
EASTWOOD CARE: Nand Files Suit in Cal. Super. Ct.
ECOSHIELD PEST SOLUTIONS: Hindi Files Suit in Fla. Cir. Ct.
ENTERPRISE RENT-A-CAR: Davis Files Suit in Cal. Super. Ct.
ENZO BIOCHEM: Court Stays Sgambati Suit
ENZO BIOCHEM: Faces Consolidated Suit in NY Court Over Data Breach
ENZO BIOCHEM: Moves to Stay Louis Data Breach Suit
ERICSSON INC: Technicians Sue Over Unpaid Wages and Overtime
EXICURE INC: Faces Colwell Securities Suit in Illinois Court
FEMALE FORM: Hernandez Sues Over Website's Inaccessibility
FITNESS INTERNATIONAL: Pond Files TCPA Suit in N.D. Georgia
FOREVER COMPANIES: Competello Sues Over Blind-Inaccessible Website
GEISINGER HEALTH: Wierbowski Files Suit in M.D. Pennsylvania
GENERAL ELECTRIC: Bueno et al. Sue Over Breach of Fiduciary Duties
GENERAL MOTORS: Cogle Suit Transferred to N.D. Georgia
GENERAL MOTORS: Lima Suit Transferred to N.D. Georgia
GENESIS MOTOR: Faces Hernandez Disability Discrimination Suit
GEP CENCAST LLC: Ferguson Files Suit in Cal. Super. Ct.
GLOUCESTER TOWNSHIP: Blanding Files Suit in N.J. Super. Ct.
GUNAS USA: Website Inaccessible to Blind Users, Karim Suit Claims
HALLELUJAH ACRES: Fykes Suit Transferred to C.D. California
HIGHTIMES HOLDING: Donius Files Suit in D. Delaware
HPH TRANSPORT: Pinkston Suit Seeks Unpaid Wages for Drivers
IDAHO NATIONAL: Filing for Class Cert Bid Due May 23, 2025
ILLINOIS: Class Discovery in Kainz Suit Extended to Jan. 31, 2025
IQVIA INC: Lyngaas Bid for Class Certification Tossed
JG WENTWORTH: Class Cert Bid Deadline Modified to Oct. 7
LAKESIDE WOMEN'S HOSPITAL: Suit Removed to W.D. Oklahoma
LORRAINE E. SCHWARTZ: Blind Can't Access Online Store, Murphy Says
LOVESAC COMPANY: Faces Securities Suit in Connecticut Court
LURIE CHILDREN’S: Faces Patients' Data Breach Suit in Ill.
MAZDA MOTOR OF AMERICA: Duffy Files Suit in W.D. Kentucky
MDL 2873: 5 Suits Consolidated in AFFFs Products Liability Row
MDL 3083: 5 Suits Consolidated in MoveIt Data Breach Litigation
MDL 3107: 14 Suits Consolidated in Replacement Tires Antitrust Row
MDL 3108: 6 Suits Consolidated in Change Healthcare Data Breach Row
MDL 3109: Transfer of 5 Suits to Video Game Addiction Row Denied
MDL 3110: 5 Suits Consolidated in Granulated Sugar Antitrust Row
MERCEDES-BENZ USA: Cacho et al. Sue Over Defective Braking System
METROPOLIS TECHNOLOGIES: Appel Files Suit in C.D. California
MONGODB INC: Faces Shareholder Suit Over Misleading Statements
MORTGAGE RESEARCH: Robertson Files TCPA Suit in W.D. Missouri
MOTION CONTROL: Collins Labor Suit Removed to E.D. California
NATIONAL FARMERS: Condemns Gov't Attack on Class Action Victims
NATIONWIDE VISION: Settle Data Breach Class Action for $3.45-Mil.
NOR-CAL CHICKEN: Cervantes Files Suit in Cal. Super. Ct.
NORDICA BAY LLC: Marinelli Files Suit in Fla. Cir. Ct.
OLD DOMINION FREIGHT: Tensae Suit Removed to N.D. California
ONLINE DIGITAL: Warren Files TCPA Suit in N.D. Mississippi
ONSTAR LLC: Selvanathan Files Suit in Fla. Cir. Ct.
PANORAMA EYE CARE: Peterson Files Suit in D. Colorado
POLYGLASS USA INC: Castro Files FLSA Suit in D. Minnesota
RANGE VIEW MANAGEMENT: Rapp Files TCPA Suit in C.D. California
ROYAL TEXTILE: Segura Files Suit in Cal. Super. Ct.
SAMSUNG SDI: Faces McCaskill Wage-and-Hour Suit in E.D. Michigan
SERENA WHOLESALE: Underpays Manual Laborers, Ramirez Suit Alleges
SHARECARE INC: Buqueras Suit Transferred to N.D. Georgia
STERLING JEWELERS: Walter Suit Removed to C.D. California
TD SYNNEX: Smith Suit Removed to C.D. California
TECO ENERGY: Can File Sur-Reply to Roche Class Cert Bid
TOYON CATERING: Jimenez Files Suit in Cal. Super. Ct.
UNDER 5'10: Website Inaccessible to Blind Users, Competello Says
WAYFAIR LLC: Court Approves Warranty Rights Class Settlement
WEST VIRGINIA: Seeks Summary Judgement in Child Welfare Class Suit
Asbestos Litigation
ASBESTOS UPDATE: Creditors Want Barretts Ch. 11 Case Dismissed
*********
A&A SERVICES: Geerhart Sues Over Unprotected Private Information
----------------------------------------------------------------
CONNOR GEERHART, individually and on behalf of all others similarly
situated, Plaintiff v. A&A SERVICES, LLC d/b/a SAV-RX, Defendant,
Case No. 8:24-cv-00261-RFR-MDN (D. Neb., June 28, 2024) arises from
Defendant's failure to properly secure and encrypt the private
information of Plaintiff and Class members.
On October 8, 2023, the Defendant learned that a vulnerability in
its computer networks was exploited. The data breach compromised
customers' private information, including but not limited to names,
dates of birth, addresses, and Social Security numbers. On or about
May 10, 2024, the Defendant began sending Plaintiff and other
affected customers a Notice of Data Security Incident letter.
However, the Defendant failed to disclose the identity of the
cybercriminals who perpetrated this data breach, the details of the
root cause of the data breach, the vulnerabilities exploited, why
Defendants waited six months to investigate the data breach, and
the remedial measures undertaken to ensure such a breach does not
occur again, says the suit.
Accordingly, the Plaintiff seeks redress for Defendant's unlawful
conduct and asserts claims for negligence, breach of implied
contract, breach of third-party beneficiary contract, and unjust
enrichment.
Based in Fremont, NE, A&A Services, LLC provides medication
benefits management services. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Charles E. Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
nelia@lfsblaw.com
ABM AVIATION: Newsome Suit Removed to C.D. California
-----------------------------------------------------
The case styled as Antione Newsome, individually and on behalf of
all others similarly situated v. ABM AVIATION, INC.; and DOES 1
through 20, inclusive, Case No. 24STCV10368 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the United States District Court for the Central District of
California on July 1, 2024, and assigned Case No. 2:24-cv-05583.
The Plaintiff alleges the following causes of action against
Defendant on behalf of himself and the putative class: Failure to
Pay Minimum Wages; Failure to Pay Overtime Wages; Failure to
Provide Meal Periods; Failure to Permit Rest Breaks; Failure to
Reimburse Business Expenses; Failure to Provide Accurate Itemized
Wage Statements; Failure to Pay All Wages Due Upon Separation of
Employment; and Violation of Business and Professions Code.[BN]
The Defendants are represented by:
Laura Fleming, Esq.
Sean A. O'Brien, Esq.
Matthew C. Lewis, Esq.
Brian R. Shaw, Esq.
PAYNE & FEARS LLP
4 Park Plaza, Suite 1100
Irvine, CA 92614
Phone: (949) 851-1100
Facsimile: (949) 851-1212
Email: lf@paynefears.com
sao@paynefears.com
mcl@paynefears.com
brs@paynefears.com
AIR CANADA: Class Action Excludes Purchases Made Outside Quebec
---------------------------------------------------------------
Yahoo! Finance reports that acting as agent for the law firm BGA
Inc. representing the plaintiff in a class action authorized
against Air Canada in 2011, Proactio announces that a portion of
the individuals concerned are now excluded from the class action.
The judgment of the Quebec Superior Court on February 21, 2019,
subsequently confirmed by the Court of Appeal on May 25, 2021,
ruled partly in favour of the plaintiff, modifying however the
groups to exclude purchases made outside Quebec.
As a result, the final judgment rendered in this class action is
not binding on the excluded individuals and they may exercise their
rights, including the right to bring their own action in the
province where they made their purchase, subject notably to the
applicable statute of limitations.
Are excluded: Persons residing in Canada who paid to Air Canada
between December 5, 2005 and December 5, 2008, while outside
Quebec, additional fees for an adapted seat and/or an attendant
seat on a domestic flight operated by Air Canada or one of its
authorized agents, whether they are:
1. People with a disability (disabled) or recognized as having
a functional disability due to their obesity, or;
2. Persons accompanying a person with a disability
(disabled).
As for purchases made by class members in Quebec during the same
period, the class action is following its course. Following the
judgment ruling favourably for the purchases made in Quebec, a
distribution process will be determined by the Court.
To consult the complete notice and judgments rendered in this class
action, visit the BGA Inc. website:
https://bga-law.com/paul-arsenault-c-air-canada-avis-aux-membres.
About Proactio
Proactio, a subsidiary of Raymond Chabot Inc. is a firm offering
services in the field of class actions. We may be mandated by the
Superior Court or by the parties to the case, and we play a
different role from law firms which represent the plaintiff or the
defence.
About BGA Inc.
BGA Inc. is a Quebec City-based firm specializing in class actions.
The class actions led by the firm focus primarily on consumer law,
and involve, notably, the airline, transportation and
telecommunications industries. [GN]
ALCOA USA: Class Cert Bid Filing Deadline Stayed in Camire
-----------------------------------------------------------
In the class action lawsuit captioned as CAMIRE, et al., v. ALCOA
USA CORP. et al., Case No. 1:24-cv-01062 (D.D.C., April 12, 2024),
the Hon. Judge Loren L. Alikhan entered an order that the deadline
for a motion for class certification is stayed until further order
of the court.
-- The parties shall propose a new deadline for such a motion
during
their Rule 26(f) conference.
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA).
Alcoa is a Pittsburgh-based industrial corporation.[CC]
ALO LLC: Garcia Sues Over Unlawful Disclosure of Private Info
-------------------------------------------------------------
CHRISTINE GARCIA, individually and on behalf of all other persons
similarly situated, Plaintiff v. ALO, LLC, Defendant, Case No.
4:24-cv-03926-DMR (N.D. Cal., June 28, 2024) accuses the Defendant
of breaching its customers' trust and allowing companies scattered
around Silicon Valley to invade its customers' privacy through two
of its websites, alomoves.com and aloyoga.com.
Plaintiff Garcia alleges that the Defendant helped Meta Platforms,
Inc, Google LLC, Microsoft Corporation, Snap, Inc., and Heap
Analytics collect and intercept customers' communications with Alo
as consumers either searched for products on aloyoga.com by typing
search terms into the search bar on the website, or answered
questions to the onboarding survey on alomoves.com. Allegedly, the
Defendant has allowed the said third parties to contemporaneously
capture the electronic communications consumers direct towards
Defendant through its websites. Accordingly, the Plaintiff asserts
claims for violations of the California Invasion of Privacy Act.
Headquartered in California, Alo, LLC. is a California limited
liability company that sells athletic apparel online. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Stefan Bogdanovich, Esq.
Ines Diaz Villafana, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
sbogdanovich@bursor.com
idiaz@bursor.com
ASR GROUP: D'Amico Alleges Antitrust Law Violations
---------------------------------------------------
REBECCA D'AMICO, individually and on behalf of all others similarly
situated, Plaintiff v. ASR GROUP INTERNATIONAL, INC.; AMERICAN
SUGAR REFINING, INC.; DOMINO FOODS, INC.; MICHIGAN SUGAR COMPANY;
UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE f/k/a UNITED SUGARS
CORPORATION; COMMODITY INFORMATION, INC.; and RICHARD WISTISEN,
Defendants, Case No. 0:24-cv-02566 (D. Minn., June 30, 2024) seeks
for redress of the injury and damages caused by Defendants'
conspiracy to fix prices of granulated sugar in the United States
from at least as early as January 1, 2019.
The class action arises under Section 1 of the Sherman Antitrust
Act of 1890, and Sections 4 and 16 of the Clayton Antitrust Act, as
well as the antitrust and trade regulation laws, and common law.
The Plaintiff alleges that Defendants exchanged detailed,
competitively sensitive, non-public information about granulated
sugar prices, capacity, sales volume, supply, and demand to
implement their price-fixing conspiracy.
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:
Ronen Sarraf, Esq.
Joseph Gentile, Esq.
SARRAF GENTILE LLP
10 Bond Street, Suite 212
Great Neck, NY 11021
Telephone: (516) 699-8890
CAPITAL ONE: Hoard Breach of Contract Suit Removed to S.D. Calif.
-----------------------------------------------------------------
The case styled AZLYNNE HOARD, individually and on behalf of
herself and all others similarly situated, Plaintiff v. CAPITAL
ONE, N.A., Defendant, Case No. 37-2024-00024097, was removed from
Superior Court of the State of California for the County of San
Diego to the U.S. District Court for the Southern District of
California on June 28, 2024.
The Clerk of Court for the Southern District of California assigned
Case No. 3:24-cv-01133-MMA-VET to the proceeding.
The case arises from Defendant's unlawful cash advance fees and
interest that were charged to Plaintiff and other Capital One
cardholders when they used their credit cards for purchases that
are not reasonably understood as "cash advances." In her complaint,
the Plaintiff asserts two claims: one for breach of contract,
including breach of the covenant of good faith and fair dealing,
and another for violation of California’s Unfair Competition
Law.
Capital One is a national banking association headquartered in
Virginia. [BN]
The Defendant is represented by:
Ali Mojibi, Esq.
COVINGTON & BURLING LLP
1999 Avenue of the Stars
Los Angeles, CA 90067-4643
Telephone: (424) 332-4803
E-mail: amojibi@cov.com
- and -
Andrew Soukup, Esq.
Marianne Spencer, Esq.
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
Telephone: (202) 662-6000
E-mail: asoukup@cov.com
mspencer@cov.com
CAPUTO JEWELERS: Competello Sues Over Website's Inaccessibility
---------------------------------------------------------------
SUSAN COMPETELLO, on behalf of herself and all others similarly
situated, Plaintiff v. CAPUTO JEWELERS, INC., Defendant, Case No.
1:24-cv-04907 (S.D.N.Y., June 28, 2024) arises from the Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
According to the complaint, the Plaintiff has been denied the full
use and enjoyment of the facilities, goods and services offered to
the general public on Defendant's Website in New York County. These
access barriers that Plaintiff encountered have caused a denial of
Plaintiff's full and equal access multiple times in the past, and
now deter Plaintiff on a regular basis from accessing the
Defendant's website in the future. Accordingly, the Plaintiff
asserts claim for violations of the Americans with Disabilities
Act, the New York State Human Rights Law, and the New York State
Civil Rights Law.
Caputo Jewelers, Inc. is a family-operated jewelry business that
owns and operates the website, https://www.caputojewelers.com.
[BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
CDK GLOBAL: Formula Sports et al. Sue Over Private Data Breach
--------------------------------------------------------------
FORMULA SPORTS CARS, INC; PRESTIGE MOTOR CAR IMPORTS, LLC.; BILL
HOLT CHEVROLET OF CANTON, INC.; BILL HOLT CHEVROLET OF BLUE RIDGE,
INC.; ANNIE ORTIZ; ALEXIS JANET PINO, individually and on behalf of
all similarly situated, Plaintiffs v. CDK GLOBAL, LLC., Defendant,
Case No. 1:24-cv-22505-XXXX (S.D. Fla., June 30, 2024) seeks to
address CDK's negligence in protecting users of its systems, both
businesses and individuals, as well as consumers' data.
According to the complaint, CDK's negligence has led to significant
breaches affecting countless individuals across the United States
who have purchased or serviced a vehicle or work at any business
location with their personal data stored and accessible within the
CDK systems. On June 18, 2024, CDK systems were breached, causing
over 15,000 car dealerships to put a halt on key business
operations such as sales, financing, and payroll operations.
Accordingly, the Plaintiffs seek compensation for the financial
losses incurred by commission-based salespersons due to CDK's
negligence.
CDK develops and sells software that facilitates vehicle sales,
financing, insurance, repair, and general office operations. [BN]
The Plaintiffs are represented by:
John H Ruiz, Esq.
Frank Quesada, Esq.
Marcus Davide, Esq.
MSP RECOVERY LAW FIRM
2701 S. Lejeune Road, 10th Floor
Coral Gables, FL 33134
Telephone: (305) 614-2222
E-mail: jruiz@msprecoverylawfirm.com
fquesada@msprecoverylawfirm.com
mdavide@msprecoverylawfirm.com
serve@msprecoverylawfirm.com
- and -
Gonzalo Dorta, Esq.
DORTA LAW
334 Minorca Avenue
Coral Gables, FL 33134
Telephone: (305) 441-2299
E-mail: grd@dortalaw.com
file@dortalaw.com
- and -
Alfred Armas, Esq.
Francesco A. Zincone, Esq.
Eduardo E. Bertran, Esq.
ARMAS BERTRAN ZINCONE
2701 S. LeJeune Rd., 10th Fl.
Miami, FL 33134
Telephone: (305) 461-5000
E-mail: alfred@armaslaw.com
fzincone@armaslaw.com
ebertran@armaslaw.com
CHILDREN'S PLACE INC: Faces Gonzalez Suit in California Court
-------------------------------------------------------------
The Children's Place, Inc. disclosed in its Form 10-Q for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 13, 2024, that it is a defendant in
"Gabriela Gonzalez v. The Children's Place, Inc.," a purported
class action, pending in the U.S. District Court, Central District
of California.
The plaintiff alleged that the Company had falsely advertised
discounts that do not exist, in violation of California's Unfair
Competition Laws, False Advertising Law and the California Consumer
Legal Remedies Act. The company filed a motion to compel
arbitration, which the plaintiff did not oppose, and the court
granted the motion on August 17, 2022, staying the case pending the
outcome of the arbitration.
The demand for arbitration was filed on October 4, 2022, in
connection with the individual claim of the plaintiff. A mass
arbitration firm associated with plaintiff's counsel then conducted
an advertising campaign for claimants to conduct a mass
arbitration. In part, to avoid the mass arbitration, the parties
stipulated to return the original plaintiff's claim to court to
proceed as a class action. Accordingly, the arbitration would not
be proceeding and the company's response to the original
plaintiff's complaint in court was filed on July 20, 2023.
On August 16, 2023, however, The Children's Place, Inc. began to
receive notices regarding an initial tranche of approximately 1,300
individual demands that were filed with Judicial Arbitration and
Mediation Services, Inc. as part of a related mass arbitration
claim. The parties participated in mediation proceedings on
November 15, 2023 and February 9, 2024. The parties agreed to
further discuss settlement options in May 2024, which occurred
without resolution. In late May, due to the judge's retirement, the
Gonzalez action was transferred and reassigned to a different
judge.
The Children's Place, Inc. and its subsidiaries operate an
omni-channel children's specialty portfolio of brands based in New
Jersey.
CHILDREN'S PLACE INC: Faces Khalsa Suit in New Jersey Court
-----------------------------------------------------------
The Children's Place, Inc. disclosed in its Form 10-Q for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 13, 2024, that as of February 2024, the
company is a defendant in "Randeep Singh Khalsa v. The Children's
Place, Inc. et al.," a purported class action, pending in the
United States District Court of New Jersey.
The complaint purports to assert claims under the federal
securities laws, alleging that between March 16, 2023, and February
8, 2024, the company made materially false and/or misleading
statements, and failed to disclose material adverse facts to its
investors, which the complaint alleges led to a drop in the price
of the company's common stock.
The Children's Place, Inc. and its subsidiaries operate an
omni-channel children’s specialty portfolio of brands based in
New Jersey.
CHRIS HERIA: Website Inaccessible to Blind Users, Valencia Says
---------------------------------------------------------------
JUSTIN VALENCIA, on behalf of himself and all others similarly
situated, Plaintiff v. CHRIS HERIA MARKETING, LLC, Defendant, Case
No. 1:24-cv-04914 (S.D.N.Y., June 28, 2024) seeks redress for
Defendant's failure to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people.
Due to Defendant's failure to build its website in a manner that is
compatible with screen access programs, the Plaintiff was unable to
understand and properly interact with the website. As a result,
Plaintiff was unable to complete a purchase of Defendant's product
due to the inaccessibility of its website. Plaintiff now asserts
claims for violations of the Americans with Disabilities Act and
the New York City Human Rights Law, says the suit.
Chris Heria Marketing, LLC operates as an online retailer of
fitness apparel and equipment curated by Chris Heria, a well-known
fitness influencer and calisthenics expert. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
CITIBANK NA: Letidas Logistics Files Suit in Fla. Cir. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Citibank, N.A. The
case is styled as Letidas Logistics LLC, individually and behalf of
all others similarly situated v. Citibank, N.A., Royal Bengal
Logistics, Inc., Case No. CACE24009428 (Fla. Cir. Ct., Broward
Cty., June 30, 2024).
The case type is stated as "Breach of Fiduciary Duty."
Citibank, N.A. -- https://www.citi.com/ -- is the primary U.S.
banking subsidiary of financial services multinational
Citigroup.[BN]
The Plaintiff is represented by:
Jordan A. Shaw, Esq.
ZEBERSKY PAYNE SHAW LEWENZ, LLP
110 SE 6th St., Suite 2900
Fort Lauderdale, FL 33301
Phone: (954) 989-6333
Fax: (954) 989-7781
Email: jshaw@zpllp.com
CONSULTING RADIOLOGISTS: Bedard Files Suit in Minnesota
-------------------------------------------------------
A class action lawsuit has been filed against Consulting
Radiologists, Ltd. The case is styled as Gina Bedard, individually
and on behalf of all others similarly situated v. Consulting
Radiologists, Ltd., Case No. 27-CV-24-10024 (Minn. 4th Judicial
Dist., Hennepin Cty., June 28, 2024).
The case type is stated as "Other Civil."
Consulting Radiologists, Ltd. (CRL) --
https://www.consultingradiologists.com/ -- is a physician-owned
practice serving patients and providers throughout the Upper
Midwest for more than 90 years.[BN]
The Plaintiff is represented by:
Bryan L. Bleichner, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
CONSULTING RADIOLOGISTS: Johnson Sues Over Patient Data Breach
--------------------------------------------------------------
Nicole Johnson, individually and on behalf of all others similarly
situated, Plaintiff v. Consulting Radiologists, Ltd., Defendant,
Case No. 0:24-cv-02535 (D. Minn., June 28, 2024) failure to
properly secure Plaintiff and Class Members' personally
identifiable information and personal health information.
On February 12, 2024, the Defendant became aware of suspicious
activity in its "network environment". On April 17, the Defendant
identified affected persons and yet still waited two months to
notify them. Defendant failed to comply with industry standards to
protect information systems that contain PII and PHI. Accordingly,
the Plaintiff seeks, among other things, orders requiring Defendant
to fully and accurately disclose the nature of the information that
has been compromised and to adopt sufficient security practices and
safeguards to prevent incidents like the disclosure in the future.
In addition, the Plaintiff seeks redress for its unlawful conduct
and asserts claims for: (i) negligence and negligence per se, (ii)
breach of implied contract, (iii) breach of fiduciary duty (iv)
unjust enrichment.
Headquartered in Edina, MN, Consulting Radiologists, Ltd. provides
medical services. [BN]
The Plaintiff is represented by:
E. Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5999
Facsimile: (612) 584-4470
E-mail: emdrake@bm.net
- and -
William "Billy" Peerce Howard, Esq.
Amanda J. Allen, Esq.
THE CONSUMER PROTECTION FIRM, PLLC
401 East Jackson Street, Suite 2340
Truist Place
Tampa, FL 33602
Telephone: (813) 500-1500
E-mail: Billy@TheConsumerProtectionFirm.com
Amanda@TheConsumerProtectionFirm.com
CONSULTING RADIOLOGISTS: Riemersma Files Suit in Minnesota
----------------------------------------------------------
A class action lawsuit has been filed against Consulting
Radiologists Ltd. The case is styled as Gail Riemersma,
individually and on behalf of all others similarly situated v.
Consulting Radiologists Ltd., Case No. 27-CV-24-9972 (Minn. 4th
Judicial Ct., Hennepin Cty., June 27, 2024).
Consulting Radiologists, Ltd. (CRL) --
https://www.consultingradiologists.com/ -- is a physician-owned
practice serving patients and providers throughout the upper
Midwest for more than 90 years.[BN]
The Plaintiff is represented by:
Brian C. Gudmundson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 South 8th Stree
Minneapolis, MN 55402
Phone: (612) 341-0400
Email: brian.gudmundson@zimmreed.com
CONTINENTAL AKTIENGESELLCHAFT: Flemister Suit Moved to N.D. Ohio
----------------------------------------------------------------
The case styled as Diana Flemister, on behalf of themselves and all
others similarly situated v. Continental Aktiengesellschaft,
Continental Tire the Americas, LLC, Compagnie Generale Des
Etablissements, Michelin North America Inc., Nokian Tyres plc,
Nokian Tyres Inc., Nokian Tyres U.S. Holdings Inc., The Goodyear
Tire & Rubber Company, Pirelli & C S.p.A., Pirelli Tire LLC,
Bridgestone Corporation, Bridgestone Americas, Inc., Nokian Tyres
U.S. Operations LLC, Does 1-100, Case No. 2:24-cv-10725 was
transferred from the U.S. District Court for the Eastern District
of Michigan, to the U.S. District Court for the Northern District
of Ohio on June 26, 2024.
The District Court Clerk assigned Case No. 5:24-rt-55032-SL to the
proceeding.
The nature of suit is stated as Anti-Trust.
Continental AG -- https://www.continental.com/en/ -- commonly known
as Continental or colloquially as Conti, is a German multinational
automotive parts manufacturing company that specializes in tires,
brake systems vehicle electronics, and more.[BN]
The Plaintiffs are represented by:
David M. Cialkowski, Esq.
ZIMMERMAN REED - MINNEAPOLIS
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Phone: (612) 341-0400
Email: david.cialkowski@zimmreed.com
- and -
Dennis A. Lienhardt, Jr., Esq.
E. Powell Miller, Esq.
MILLER LAW FIRM
950 West University Drive, Ste. 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
Email: dal@millerlawpc.com
epm@millerlawpc.com
The Defendant is represented by:
Erin Joy Rodenhouse, Esq.
COLLINS EINHORN FARRELL PC
4000 Town Center, Ste 9th Floor
Southfield, MI 48075
Phone: (248) 758-8578
Fax: (248) 663-7723
CONTINENTAL AKTIENGESELLCHAFT: MLL Suit Moved to N.D. Ohio
----------------------------------------------------------
The case styled as Martin-Landers, LLC doing business as: Mark
Martin Ford, Martin-Landers Imports, LLC doing business as: Mark
Martin Kia, on behalf of themselves and all others similarly
situated v. Continental Aktiengesellschaft, Continental Tire the
Americas, LLC, Compagnie Generale Des Etablissements, Michelin
North America Inc., Nokian Tyres plc, Nokian Tyres Inc., Nokian
Tyres U.S. Holdings Inc., The Goodyear Tire & Rubber Company,
Pirelli & C S.p.A., Pirelli Tire LLC, Bridgestone Corporation,
Bridgestone Americas, Inc., Nokian Tyres U.S. Operations LLC, Does
1-100, Case No. 2:24-cv-11185 was transferred from the U.S.
District Court for the Eastern District of Michigan, to the U.S.
District Court for the Northern District of Ohio on June 26, 2024.
The District Court Clerk assigned Case No. 5:24-rt-55033-SL to the
proceeding.
The nature of suit is stated as Anti-Trust.
Continental AG -- https://www.continental.com/en/ -- commonly known
as Continental or colloquially as Conti, is a German multinational
automotive parts manufacturing company that specializes in tires,
brake systems vehicle electronics, and more.[BN]
The Plaintiffs are represented by:
Adam T. Schnatz, Esq.
MILLER LAW FIRM
950 West University Drive, Ste. 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
Email: ats@millerlawpc.com
CONTINENTAL AKTIENGESELLCHAFT: Williams Suit Moved to N.D. Ohio
---------------------------------------------------------------
The case styled as Kenneth Williams, on behalf of themselves and
all others similarly situated v. Continental Aktiengesellschaft,
Continental Tire the Americas, LLC, Compagnie Generale Des
Etablissements, Michelin North America Inc., Nokian Tyres plc,
Nokian Tyres Inc., Nokian Tyres U.S. Holdings Inc., The Goodyear
Tire & Rubber Company, Pirelli & C S.p.A., Pirelli Tire LLC,
Bridgestone Corporation, Bridgestone Americas, Inc., Nokian Tyres
U.S. Operations LLC, Does 1-100, Case No. 2:24-cv-10632 was
transferred from the U.S. District Court for the Eastern District
of Michigan, to the U.S. District Court for the Northern District
of Ohio on June 26, 2024.
The District Court Clerk assigned Case No. 5:24-rt-55031-SL to the
proceeding.
The nature of suit is stated as Anti-Trust.
Continental AG -- https://www.continental.com/en/ -- commonly known
as Continental or colloquially as Conti, is a German multinational
automotive parts manufacturing company that specializes in tires,
brake systems vehicle electronics, and more.[BN]
The Plaintiffs are represented by:
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
GUSTAFSON GLUEK PLLC-MN
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Phone: (612) 333-8844
Fax: (612) 339-6622
Email: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
- and -
Dennis A. Lienhardt, Jr., Esq.
E. Powell Miller, Esq.
MILLER LAW FIRM
950 West University Drive, Ste. 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
Email: dal@millerlawpc.com
epm@millerlawpc.com
CYGNUS HOME: Valencia Sues Over Blind-Inaccessible Website
----------------------------------------------------------
JUSTIN VALENCIA, on behalf of himself and all others similarly
situated, Plaintiff v. CYGNUS HOME SERVICE, LLC, Defendant, Case
No. 1:24-cv-04916 (S.D.N.Y., June 28, 2024) arises from Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
Allegedly, the Defendant failed to build the website in a manner
that is compatible with screen access programs. As a result, the
Plaintiff was unable to understand and properly interact with the
website, and was thus denied the benefit of purchasing the frozen
meal that Plaintiff wished to acquire from the website.
Accordingly, the Plaintiff asserts claims for violations of the
Americans with Disabilities Act and the New York City Human Rights
Law, says the suit.
Cygnus Home Service, LLC provides frozen meal delivery service and
offers a wide variety of frozen meals, meats, seafood, snacks,
desserts, and ice cream through its website, www.yelloh.com. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
DAMM FINE PIZZA: Hudson Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Damm Fine Pizza LLC.
The case is styled as Serenity Hudson, Payton Blevins, Rachel
Gibbsons, Keyla Castillo-Rodriguez, Shiela Velasquez, individually,
and on behalf of all others similarly situated v. Damm Fine Pizza
LLC, Case No. STK-CV-UOE-2024-0007636 (Cal. Super. Ct., San Joaquin
Cty., June 28, 2024).
The case type is stated "Unlimited Civil Other Employment."
DAMM Fine Pizza LLC is a franchise organization of corporate Blaze
Pizza.[BN]
The Plaintiffs are represented by:
John G. Yslas, Esq.
WILSHIRE LAW FIRM
3055 Wishire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: 213-255-3937
Email: jyslas@wilshirelawfirm.com
DELTA AIR: Davis Pay Transparency Suit Removed to W.D. Wash.
------------------------------------------------------------
The case styled BRIAN DAVIS, individually and on behalf of all
others similarly situated, Plaintiff v. DELTA AIR LINES, INC., a
foreign corporation; and DOES 1-20, as yet unknown Washington
entities, Defendant, Case No. 24-2-11945-1 SEA, was removed from
the Superior Court of the State of Washington in and for King
County to the U.S. District Court for the Western District of
Washington on June 28, 2024.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:24-cv-00954 to the proceeding.
The case arises from Defendant's alleged failure to disclose wage
or salary ranges on job postings for positions in Washington
State.
Delta Air Lines, Inc. is an airline company headquartered in
Atlanta, GA. [BN]
The Defendant is represented by:
Damon C. Elder, Esq.
Claire M. Lesikar, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1301 Second Avenue, Suite 3000
Seattle, WA 98101
Telephone: (206) 274-6400
E-mail: damon.elder@morganlewis.com
claire.lesikar@morganlewis.com
DG3 NORTH: Cunningham Sues Over Alleged Data Security Failure
-------------------------------------------------------------
DANIEL CUNNINGHAM, individually and on behalf of all others
similarly situated, Plaintiff v. DG3 NORTH AMERICA, INC. d/b/a
DIVERSIFIED GLOBAL GRAPHICS GROUP, and JOHN HANCOCK INVESTMENT
MANAGEMENT, LLC, Defendants, Case No. 2:24-cv-07385 (D.N.J., June
28, 2024) arises from Defendants' failure to properly secure and
safeguard Plaintiff's and Class Members' sensitive personally
identifying information (PII), including full names, addresses,
email addresses, investment fund information and account numbers,
and Social Security numbers.
The Defendants' failure to implement or maintain adequate data
security measures for Plaintiff's and Class Members' PII resulted
to a massive data breach. However, despite that Defendants have
known about the data breach since at least March 19, 2023, DG3
waited nearly three months before notifying Plaintiffs and Class
Members their sensitive PII was exposed. John Hancock to date has
failed to provide any notification or information about the data
breach to Plaintiffs and Class Members, says the suit.
Headquartered in New Jersey, John Hancock is an investment advisory
firm that provides portfolio management services to individual and
institutional clients across the United States. [BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
Jeff Ostrow, Esq.
Kopelowitz Ostrow, Esq.
FERGUSON WEISELBERG GILBERT
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
ostrow@kolawyers.com
EASTWOOD CARE: Nand Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Eastwood Care, Inc.
The case is styled as Maureen Nand, individually, and on behalf of
all others similarly situated v. Eastwood Care, Inc. doing business
as Guardian Care and Rehab Center, Case No. STK-CV-UOE-2024-0007603
(Cal. Super. Ct., San Joaquin Cty., June 27, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Eastwood Care, Inc. doing business as --
https://www.guardiancarerehab.com/ -- Guardian Care Nursing Home
and Rehabilitation Center offers a premier senior living experience
in Orlando, Florida..[BN]
The Plaintiff is represented by:
Justin F. Marquez, Esq.
WILSHIRE LAW FIRM, PLC
3055 Wilshire Blvd., Ste. 510
Los Angeles, CA 90010-1145
Phone: 213-381-9988
Fax: 213-381-9989
Email: justin@wilshirelawfirm.com
ECOSHIELD PEST SOLUTIONS: Hindi Files Suit in Fla. Cir. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against EcoShield Pest
Solutions Miami, LLC. The case is styled as Jibrael S. Hindi,
individually and on behalf of all those similarly situated v.
EcoShield Pest Solutions Miami, LLC, Case No. CACE24009127 (Fla.
Cir. Ct., Broward Cty., June 28, 2024).
EcoShield Pest Solutions -- https://www.ecoshieldpest.com/ --
provides Extermination and Pest Control Services for homes and
businesses.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: 954-907-1136
Email: gerald@jibraellaw.com
ENTERPRISE RENT-A-CAR: Davis Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Enterprise Rent-A-Car
Company of Sacramento, LC. The case is styled as Briana A. Davis,
individually, and on behalf of all other similarly situated v.
Enterprise Rent-A-Car Company of Sacramento, LC, Case No.
STK-CV-UOE-2024-0007638 (Cal. Super. Ct., San Joaquin Cty., June
28, 2024).
The case type is stated "Unlimited Civil Other Employment."
Enterprise Rent-A-Car Company of Sacramento, LC --
https://www.enterprise.com/en/car-rental-locations/us/ca/sacramento.html
-- offer a wide range of clean & sanitized vehicles to suit your
rental needs.[BN]
The Plaintiff is represented by:
John G. Yslas, Esq.
WILSHIRE LAW FIRM
3055 Wishire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: 213-255-3937
Email: jyslas@wilshirelawfirm.com
ENZO BIOCHEM: Court Stays Sgambati Suit
----------------------------------------
Enzo Biochem, Inc. disclosed in its Form 10-Q for the quarterly
period ended April 30, 2024, filed with the Securities and
Exchange Commission on June 13, 2024, that a putative class action,
"Maria Sgambati et al., v. Enzo Biochem, Inc., et al." is pending
in state court alleging various harms stemming from the April 2023
data incident.
The court granted the company's motion to stay the case pending the
outcome of another federal action in the Eastern District of New
York.
The complaint seeks to certify a class of New York residents. The
complaint brings claims of negligence; negligence per se; breach of
implied covenant and good faith and fair dealing; breach of duty;
breach of implied contract; and violations of New York's Deceptive
Acts and Practices.
Enzo Biochem, Inc., is a manufacturer and supplier of a portfolio
of thousands of antibodies, genomic probes, assays, biochemicals,
and proteins based in New York.
ENZO BIOCHEM: Faces Consolidated Suit in NY Court Over Data Breach
------------------------------------------------------------------
Enzo Biochem, Inc. disclosed in its Form 10-Q for the quarterly
period ended April 30, 2024, filed with the Securities and Exchange
Commission on June 13, 2024, that in the Eastern District of New
York twenty putative class actions have been consolidated alleging
various harms stemming from the April 2023 data incident (No.
2:23-cv-04282).
Interim lead counsel has been appointed and filed a Consolidated
Amended Complaint on November 13, 2023. The complaint seeks to
certify a federal class as well as several state subclasses.
A Consolidated Amended Complaint brought various statutory and
common law claims including negligence, negligence per se, breach
of fiduciary duty, breach of implied contract, breach of the
implied covenant of good faith and fair dealing, violation of the
New York’s General Business Law § 349, Invasion of Privacy,
violations of the Connecticut Unfair Trade Practices Act, and
violations of the New Jersey Consumer Fraud Act. Enzo Biochem, Inc.
filed its motion to dismiss on April 8, 2024. Plaintiffs filed
their Opposition on May 23, 2024 and its Reply was filed on May 30,
2024.
Enzo Biochem, Inc., is a manufacturer and supplier of a portfolio
of thousands of antibodies, genomic probes, assays, biochemicals,
and proteins based in New York.
ENZO BIOCHEM: Moves to Stay Louis Data Breach Suit
---------------------------------------------------
Enzo Biochem, Inc. disclosed in its Form 10-Q for the quarterly
period ended April 30, 2024, filed with the Securities and Exchange
Commission on June 13, 2024, that a putative class action, "Louis
v. Enzo Biochem, Inc. et al.," is pending in state court alleging
various harms stemming from the April 2023 data incident. Enzo
filed a motion to stay this action pending the resolution of the
federal action in the Eastern District of New York and the motion
remains pending.
The complaint seeks to certify a class of New York citizens. The
complaint brings claims of negligence; negligence per se; breach of
duty, breach of implied contract; breach of implied covenant of
good faith and fair dealing; and violations of New York’s
Deceptive Acts and Practices.
Enzo Biochem, Inc., is a manufacturer and supplier of a portfolio
of thousands of antibodies, genomic probes, assays, biochemicals,
and proteins based in New York.
ERICSSON INC: Technicians Sue Over Unpaid Wages and Overtime
------------------------------------------------------------
Wireless Estimator reports that Ericsson, Inc. is facing a class
action lawsuit filed in the United States District Court for the
District of Massachusetts. The lawsuit, initiated by tower
technicians Ryan Brewer and Kenneth Wiles on behalf of themselves
and all others similarly situated, accuses Ericsson of failing to
pay appropriate wages and overtime to its hourly tower technicians
across the United States.
According to the complaint, Ericsson automatically deducted
30-minute meal breaks from the technicians' daily hours, even
though these breaks were often not taken due to the nature of their
work. Additionally, the lawsuit claims that mandatory online
training hours were only partially compensated, if at all.
Typically, tower techs would be reluctant to join in a lawsuit like
this because they would be concerned that it could deter their
career advancement within the company.
However, last October, citing unprofitable contracts, Ericsson shut
down its field services operations, laying off its tower
technicians who provided self-performing services for the equipment
manufacturer.
The total number of technicians let go is unknown, although
Ericsson said that approximately 750 employees were terminated.
Buying into the unsupported mantra that there would be an urgent
need to add 20,000 tower technicians to build out 5G at scale,
Ericsson established state-of-the-art tower technician training
centers and, by February of 2022, celebrated its 100th graduating
class.
The case alleges that Ericsson systematically violated the Fair
Labor Standards Act (FLSA) and the Massachusetts Minimum Fair Wages
Act, among other state laws. The plaintiffs claim that despite
regularly working more than 40 hours per week, they were not
compensated for all hours worked, including overtime.
The plaintiffs allege that Ericsson's policies resulted in tower
technicians working numerous hours "off-the-clock" without pay. The
complaint said that Ericsson allegedly deducted 30-minute meal
periods from the employees' hours, despite knowing that the
technicians could not take these breaks.
Also, the company reportedly required technicians to complete
mandatory online training without compensating them for the actual
time spent, often exceeding the pre-determined hours Ericsson
allocated for such courses.
The complaint was originally filed on April 5, 2024, by New
Hampshire Tower Technician 3 and assistant warehouse manager Ashley
Hammett. On June 28, 2024, Ericsson moved to dismiss the complaint
because Hammett signed a release and severance agreement waiving
all claims arising from her employment with Ericsson, including
claims under the FLSA and the Massachusetts wage payment statutes
asserted in her complaint.
Hammett's counsel filed an amended complaint with the new
plaintiffs, Brewer and Wiles.
An extension to answer the complaint due July 12 to August 2, 2024,
has been requested. [GN]
EXICURE INC: Faces Colwell Securities Suit in Illinois Court
------------------------------------------------------------
Exicure Inc. disclosed in its Form 10-Q for the quarterly period
ended March 31, 2024, filed with the Securities and Exchange
Commission on June 6, 2024, that on December 13, 2021, Mark Colwell
filed a putative securities class action lawsuit against the
company, David A. Giljohann and Brian C. Bock in the United States
District Court for the Northern District of Illinois, captioned
"Colwell v. Exicure, Inc. et al.," Case No. 1:21-cv-0663.
On February 4, 2021, the plaintiff filed an amended putative
securities class action complaint. On March 20, 2023, the court
entered an order appointing James Mathew as lead plaintiff and
Bleichmar Fonti & Auld LLP as lead counsel in the action pursuant
to the Private Securities Litigation Reform Act of 1995.
On May 26, 2023, the lead plaintiff filed a second amended
complaint against the company and certain of its officers. The
second amended complaint alleges materially false and/or misleading
statements related to the company's clinical programs purportedly
causing losses to investors who acquired Company securities between
January 7, 2021, and December 10, 2021.
The second amended complaint does not quantify any alleged damages
but, in addition to attorneys' fees and costs, lead plaintiff seeks
to recover damages on behalf of himself and others who acquired the
company's stock during the putative class period at allegedly
inflated prices and purportedly suffered financial harm as a
result.
The parties filed a joint status report noting the mediation
efforts taken by the parties. The report also proposes a litigation
schedule going forward, which the court adopted: plaintiff's third
amended complaint was due on or before June 28, 2024, and any
motion to dismiss is due on or before August 27, 2024, with a
response due on or before October 8, 2024, and any reply due on or
before November 5, 2024. Accordingly, the status hearing set for
May 22, 2024 is reset to July 23, 2024.
Exicure, Inc. is an early-stage biotechnology company based in
Illinois.
FEMALE FORM: Hernandez Sues Over Website's Inaccessibility
----------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. FEMALE FORM, LLC, Defendant, Case No.
1:24-cv-04603 (E.D.N.Y., June 28, 2024) accuses the Defendant of
violating the Americans with Disabilities Act and the New York City
Human Rights Law by failing to design, construct, maintain, and
operate its website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people.
The Defendant's website contains access barriers that prevent free
and full use by the Plaintiff using keyboards and screen-reading
software. These barriers include but are not limited to: missing
alt-text, hidden elements on web pages, incorrectly formatted
lists, unannounced pop ups, unclear labels for interactive
elements, and the requirement that some events be performed solely
with a mouse. Due to Defendant's failure and refusal to remove
access barriers to the website, the Plaintiff and visually-impaired
persons have been and are still being denied equal access to
Defendant's website, and the numerous goods and services and
benefits offered to the public through the website, says the suit.
Female Form, LLC owns and operates the website,
www.femaleformnyc.com, which is an online store offering jewelry,
clothing, and accessories for women. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
FITNESS INTERNATIONAL: Pond Files TCPA Suit in N.D. Georgia
-----------------------------------------------------------
A class action lawsuit has been filed against Fitness
International, LLC. The case is styled as Travis Pond, individually
and on behalf of all others similarly situated v. Fitness
International, LLC, Case No. 1:24-cv-02839-SDG (N.D. Ga., June 27,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Fitness International, LLC doing business as LA Fitness --
https://lafitness.com/ -- is an American gym chain with more than
550 clubs across the United States and Canada.[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
- and -
Tristan Wade Gillespie, Esq.
600 Blakenham Court
Johns Creek, GA 30022
Phone: (404) 276-7277
Email: gillespie.tristan@gmail.com
FOREVER COMPANIES: Competello Sues Over Blind-Inaccessible Website
------------------------------------------------------------------
SUSAN COMPETELLO, on behalf of herself and all others similarly
situated, Plaintiff v. FOREVER COMPANIES, INC. d/b/a Forever
Artisans; d/b/a Diamond Nexus; and d/b/a 1215 Diamonds, Defendant,
Case No. 1:24-cv-04928 (S.D.N.Y., June 28, 2024) arises from
Defendant's failure to design, construct, maintain, and operate its
websites, to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people.
Plaintiff Competello alleges violations of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State Civil Rights Law.
Headquartered in Cheyenne, WY, Forever Companies, Inc. is a foreign
For-Profit Wyoming Corporation that owns an operates the websites,
www.foreverartisans.com; www.diamondnexus.com; and
www.1215diamonds.com. [BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
GEISINGER HEALTH: Wierbowski Files Suit in M.D. Pennsylvania
------------------------------------------------------------
A class action lawsuit has been filed against Geisinger Health. The
case is styled as James Wierbowski, individually and on behalf of
all others similarly situated v. Geisinger Health, Nuance
Communications, Inc., Case No. 4:24-cv-01071-MWB (M.D. Pa., June
28, 2024).
The nature of suit is stated Other P.I. for Personal Injury.
Geisinger Health System -- https://www.geisinger.org/ -- is a
regional health care provider to central, south-central and
northeastern Pennsylvania.[BN]
The Plaintiff is represented by:
Anthony Parkhill, Esq.
Ben Barnow, Esq.
BARNOW AND ASSOCIATES, P.C.
205 W. Randolph Street, Ste. 1630
Chicago, IL 60606
Phone: (312) 621-2000
Email: aparkhill@barnowlaw.com
b.barnow@barnowlaw.com
- and -
Benjamin F. Johns, Esq.
SHUB & JOHNS LLC
Four Tower Bridge
200 Barr Harbor Dr., Suite 400
West Conshohocken, PA 19428
Phone: (610) 477-8380
Email: bjohns@shublawyers.com
GENERAL ELECTRIC: Bueno et al. Sue Over Breach of Fiduciary Duties
------------------------------------------------------------------
JULIE BUENO, DARLENE HOLLINS, and DAVID BUENO, individually and as
representatives on behalf of a class of similarly situated persons,
Plaintiffs v. GENERAL ELECTRIC COMPANY, THE BOARD OF DIRECTORS OF
GENERAL ELECTRIC COMPANY, H. LAWRENCE CULP, JR., THE GENERAL
ELECTRIC COMPANY PENSION BOARD, THE COMMITTEE, AND JOHN DOES 1–5,
Defendants, Case No. 1:24-cv-00822-GTS-DJS (N.D.N.Y., June 28,
2024) arises from Defendants' alleged breach of fiduciary duties
and other violations of the Employee Retirement Income Security Act
of 1974.
The Plaintiff alleges that Defendants did not select the safest
annuity available to ensure long-term financial security for
General Electric (GE) retirees and beneficiaries. Instead,
Defendants selected Athene, which is substantially riskier than
numerous traditional annuity providers. Annuities issued by Athene
are structured to generate higher expected returns by investing in
lower-quality, higher-risk assets without the traditional mix of
quality assets to support future benefit obligations. Moreover, by
offloading GE's pension obligations to Athene, the Defendants
caused Plaintiffs and similarly situated participants and their
beneficiaries to lose their status as "participants" in the
ERISA-governed Plan, and, therefore, become no longer entitled to
ERISA's protections for employee retirement benefits.
To remedy these fiduciary breaches, Plaintiffs, individually and as
representatives of a class of similarly situated participants and
beneficiaries of the Plan, bring this action to obtain appropriate
relief for Defendants' ERISA violations, including without
limitation, disgorgement of the sums involved in the improper
transactions and the posting of security to assure receipt by
Plaintiffs and class members of their full retirement benefits,
plus prejudgment interest, says the suit.
Headquartered in Evendale, OH, General Electric Company is a
publicly traded company that supplies aircraft engines. [BN]
The Plaintiffs are represented by:
Andrew D. Schlichter, Esq.
Andrew D. Schlichter, Esq.
Jerome J. Schlichter, Esq.
Sean E. Soyars, Esq.
Kurt C. Struckhoff, Esq.
SCHLICHTER BOGARD LLP
100 South Fourth Street, Suite 1200
St. Louis, MO 63102
Telephone: (314) 621-6115
Facsimile: (314) 621-5934
E-mail: aschlichter@uselaws.com
jschlichter@uselaws.com
ssoyars@uselaws.com
kstruckhoff@uselaws.com
GENERAL MOTORS: Cogle Suit Transferred to N.D. Georgia
------------------------------------------------------
The case styled as Colin Cogle, individually and on behalf of all
others similarly situated v. General Motors LLC, Onstar LLC,
LexisNexis Risk Solutions Inc., Verisk Analytics, Inc., Case No.
2:24-cv-11062 was transferred from the U.S. District Court for the
Eastern District of Michigan, to the U.S. District Court for the
Northern District of Georgia on June 26, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02808-TWT to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
General Motors Company -- https://www.gm.com/ -- is an American
multinational automotive manufacturing company headquartered in
Detroit, Michigan.[BN]
The Plaintiff is represented by:
Adam E. Polk, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: (415) 981-4800
Fax: (415) 981-4846
Email: apolk@girardsharp.com
- and -
Emily E. Hughes
E. Powell Miller
The Miller Law Firm, P.C.
950 W. University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Email: eeh@millerlawpc.com
epm@miller.law
The Defendants are represented by:
Stephanie A. Douglas, Esq.
100 W. Big Beaver Road, Suite 400
Troy, MI 48084
Phone: (248) 822-7800
Email: douglas@bsplaw.com
- and -
Matthew J. Lund, Esq.
TROUTMAN PEPPER HAMILTON SANDERS, LLP
4000 Town Center, Suite 1800
Southfield, MI 48075
Phone: (313) 259-7110
Email: lundm@pepperlaw.com
GENERAL MOTORS: Lima Suit Transferred to N.D. Georgia
-----------------------------------------------------
The case styled as David Lima, individually and on behalf of all
others similarly situated v. General Motors LLC, Onstar LLC,
LexisNexis Risk Solutions Inc., Verisk Analytics, Inc., Case No.
2:24-cv-11062 was transferred from the U.S. District Court for the
Eastern District of Michigan, to the U.S. District Court for the
Northern District of Georgia on June 26, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02808-TWT to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
General Motors Company -- https://www.gm.com/ -- is an American
multinational automotive manufacturing company headquartered in
Detroit, Michigan.[BN]
The Plaintiff is represented by:
Cari C. Laufenberg, Esq.
Derek W. Loeser, Esq.
Gretchen Freeman Cappio, Esq.
Ryan McDevitt, Esq.
KELLER ROHRBACK, L.L.P
1201 Third Avenue,Suite 3200
Seattle, WA 98101
Phone: (206) 623-1900
Email: claufenberg@kellerrohrback.com
dloeser@kellerrohrback.com
- and -
Emily E. Hughes, Esq.
E. Powell Miller, Esq.
The Miller Law Firm, P.C.
950 W. University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Email: eeh@millerlawpc.com
epm@miller.law
The Defendants are represented by:
Stephanie A. Douglas, Esq.
100 W. Big Beaver Road, Suite 400
Troy, MI 48084
Phone: (248) 822-7800
Email: douglas@bsplaw.com
- and -
Matthew J. Lund, Esq.
TROUTMAN PEPPER HAMILTON SANDERS, LLP
4000 Town Center, Suite 1800
Southfield, MI 48075
Phone: (313) 259-7110
Email: lundm@pepperlaw.com
GENESIS MOTOR: Faces Hernandez Disability Discrimination Suit
-------------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. GENESIS MOTOR AMERICA, LLC, Defendant, Case
No. 1:24-cv-04604 (E.D.N.Y., June 28, 2024) arises out of
Defendant's alleged violations of the Americans with Disabilities
Act and the New York City Human Rights Law.
Plaintiff Hernandez alleges that Defendant failed to build its
website in a manner that is compatible with screen access program.
As a result, the Plaintiff was denied full and equal access to and
enjoyment of the benefits and services of Defendant's website.
Moreover, the Plaintiff has suffered an injury in fact due to his
inability to make a reservation in order to visit the restaurant.
Genesis Motor America, LLC owns, operates, and controls the
website, www.genesishouse.com, which offers users the ability to
peruse the restaurant's menus and to make a reservation. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
GEP CENCAST LLC: Ferguson Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Gep Cencast, LLC, et
al. The case is styled as Daniel Matthew Ferguson, individually in
his representative capacity and on behalf of other persons
similarly situated v. Gep Cencast, LLC, Does 1 through 50,
inclusive, Case No. 24STCV16221 (Cal. Super. Ct., Los Angeles Cty.,
June 28, 2024).
Gep Cencast, LLC offers Administrative Services.[BN]
The Plaintiff is represented by:
Brian C. Gudmundson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 South 8th Stree
Minneapolis, MN 55402
Phone: (612) 341-0400
Email: brian.gudmundson@zimmreed.com
GLOUCESTER TOWNSHIP: Blanding Files Suit in N.J. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Gloucester Township,
N.J. The case is styled as Belinda Blanding, on behalf of herself
and all others similarly situated v. Gloucester Township, New
Jersey, Camden County, New Jersey, Case No. L-001961-24 (N.J.
Super. Ct., Camden Cty., June 25, 2024).
The case type is stated as "Civil Rights."
Gloucester Township -- https://glotwp.com/ -- is a township in
Camden County in the U.S. state of New Jersey.[BN]
The Plaintiff is = represented by:
Stephen P. DeNittis, Esquire
DENITTIS OSEFCHEN PRINCE, P.C.
525 Route 73 North, Suite 410
Marlton, NJ 08053
Phone: (856) 797-9951
GUNAS USA: Website Inaccessible to Blind Users, Karim Suit Claims
-----------------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiff v. Gunas USA, Inc., Defendant, Case No.
1:24-cv-04915 (S.D.N.Y., June 28, 2024) arises from Defendant's
failure to design, construct, maintain, and operate their website
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons.
Despite readily available accessible technology, such as the
technology in use at other heavily trafficked retail websites, the
Defendant has chosen to rely on an exclusively visual interface.
Moreover, the Defendant's sighted customers can independently
browse, select, and buy online without the assistance of others.
Accordingly, by failing to make the website accessible to blind
persons, the Defendant is violating basic equal access requirements
under both Americans with Disabilities Act, the New York State
Human Rights Law, and the New York City Human Rights Law, says the
suit.
Headquartered in Long Island City, NY, Gunas USA, Inc.owns and
operates the website, Gunasthebrand.com, a commercial website that
offers handbags and accessories for online sale. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
HALLELUJAH ACRES: Fykes Suit Transferred to C.D. California
-----------------------------------------------------------
The case styled as Alwina Fykes, an individual, on her own behalf
and on behalf of all others similarly situated v. Hallelujah Acres
Inc., Does 1 to 10, Case No. 1:23-CV-46 was transferred from the
U.S. District Court for the Western District of North Carolina, to
the U.S. District Court for the Central District of California on
June 26, 2024.
The District Court Clerk assigned Case No. 2:24-mc-00079-FLA-MAR to
the proceeding.
The nature of suit is stated as Other Statutory Actions.
Hallelujah Acres, Incorporated -- https://myhdiet.com/ -- operates
as a catalog and TV based retailers company.[BN]
The Plaintiffs are represented by:
Ethan Preston, Esq.
MILLER LAW FIRM
950 West University Drive, Ste. 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
Email: dal@millerlawpc.com
epm@millerlawpc.com
The Defendant is represented by:
Erin Joy Rodenhouse, Esq.
Preston Law Offices
4054 McKinney Avenue Suite 310
Dallas, TX 75204
Phone: (972) 564-8340
Fax: (866) 509-1197
Email: ep@eplaw.us
HIGHTIMES HOLDING: Donius Files Suit in D. Delaware
---------------------------------------------------
A class action lawsuit has been filed against Hightimes Holding
Corp. The case is styled as Mark C. Donius, Jill L. Donius, on
behalf of themselves and all others similarly situated v. Hightimes
Holding Corp., Case No. 1:24-cv-00761-UNA (D. Del., June 27,
2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Hightimes Holding Corp. operates as a holding company.[BN]
The Plaintiffs are represented by:
Peter Bradford deLeeuw, Esq.
DELEEUW LAW LLC
1301 Walnut Green Road
Wilmington, DE 19807
Phone: (302) 274-2180
Email: brad@deleeuwlaw.com
HPH TRANSPORT: Pinkston Suit Seeks Unpaid Wages for Drivers
-----------------------------------------------------------
ARTHUR LEROY PINKSTON, individually and on behalf of all others
similarly situated, Plaintiff v. HPH TRANSPORT, INC., Defendant,
Case No. 1:24-cv-05634 (N.D. Ill., July 3, 2024) is a class action
against the Defendant for failure to pay wages, including overtime,
in violation of the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiff was hired by the Defendant as a driver from October
10, 2019, until September 5, 2022.
HPH Transport, Inc. is a non-emergency hospital transportation
service provider headquartered in Illinois. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
IDAHO NATIONAL: Filing for Class Cert Bid Due May 23, 2025
----------------------------------------------------------
In the class action lawsuit captioned as JASON DALLIMORE, on behalf
of himself and all others similarly situated, v. IDAHO NATIONAL
LABORATORY operated by Battelle Energy Alliance, LLC, Case No.
4:24-cv-00050-AKB (D. Idaho), the Hon. Judge Amanda Brailsford
entered a scheduling order:
1. Motion for Class Certification and Dispositive Motion
Deadline:
The Plaintiff must file his motion for class certification by
May 23, 2025.
2. Amendment of Pleadings and Joinder of Parties: Motions to
amend
the pleadings, except for allegations of punitive damages,
and
motions to join parties must be filed on or before Oct. 15,
2024.
3. Alternative Dispute Resolution: The parties have chosen to
participate in mediation. ADR must be held by March 24, 2025.
4. Completion of Fact Discovery: All fact discovery must be
completed by March 20, 2025.
5. Disclosure of Experts: a. Plaintiff must disclose the experts
intended to be called at trial on or before Feb. 24, 2025.
6. Defendant must disclose the experts intended to be called at
trial on or before March 24, 2025.
7. Plaintiff's rebuttal experts must be identified on or before
April 7, 2025.
8. All discovery relevant to experts must be completed by April
23,
2025.
Idaho is a science-based, applied engineering national laboratory.
A copy of the Court's order dated July 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NC5RpZ at no extra
charge.[CC]
ILLINOIS: Class Discovery in Kainz Suit Extended to Jan. 31, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Kainz, et al., v. Illinois
Department of Corrections (IDOC), et al., Case No. 1:21-cv-01250
(C.D. Ill., Filed Sept. 8, 2021), the Hon. Judge Joe Billy Mcdade
entered an order on motion for extension of time to complete
discovery:
-- Class Discovery period is extended to: Jan. 31, 2025
-- Deadline for expert discovery relevant to March 3, 2025
class certification to:
-- A Motion for class certification is to April 4, 2025
be filed by:
The nature of suit states Civil Rights -- Employment
Discrimination
IQVIA INC: Lyngaas Bid for Class Certification Tossed
------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C. v. IQVIA, INC., Case No. 2:20-cv-02370-NIQA (E.D. Pa.),
the Hon. Judge Nitza Quiñones Alejandro entered an order denying
the Plaintiff's motion for class certification.
IQVIA provides healthcare research services.
A copy of the Court's order dated July 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1vanJq at no extra
charge.[CC]
JG WENTWORTH: Class Cert Bid Deadline Modified to Oct. 7
--------------------------------------------------------
In the class action lawsuit captioned as DOUGLAS SIMPSON,
individually and on behalf of others similarly situated, v. THE
J.G. WENTWORTH COMPANY, and DIGITAL MEDIA SOLUTIONS, LLC, Case No.
8:23-cv-00152-KKM-AEP (M.D. Fla.), the Hon. Judge Steven Merryday
entered an order granting the Parties' joint motion to modify the
case management scheduling order:
Plaintiff Expert Disclosure Aug. 5, 2024
Defendant Expert Disclosure Sept. 4, 2024
Rebuttal Expert Disclosure Oct. 4, 2024
Class Certification Oct. 7, 2024
Discovery Cut-Off Nov. 4, 2024
Mediation Deadline Dec. 4, 2024
Dispositive and Daubert Motions Dec. 18, 2024
Motions In Limine Apr. 24, 2025
Joint Pretrial Statement May 1, 2025
Pretrial Conference May 8, 2025
Trial Briefs May 19, 2025
Trial Term June 2025
J.G. is an American financial services company that purchases
structured settlements, annuities, and lottery payments in exchange
for a lump-sum cash settlement.
A copy of the Court's order dated July 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0ZxQeO at no extra
charge.[CC]
LAKESIDE WOMEN'S HOSPITAL: Suit Removed to W.D. Oklahoma
--------------------------------------------------------
The case styled as Jane Doe, Jane Doe, on behalf of those similarly
situated v. Lakeside Women's Hospital LLC doing business as:
Lakeside Women's Hospital, Case No. CJ-24-03538 was removed from
the Oklahoma County District Court, to the U.S. District Court for
the Western District of Oklahoma on June 25, 2024.
The District Court Clerk assigned Case No. 5:24-cv-00653-HE to the
proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
Lakeside Women's Hospital -- http://lakeside-wh.com/-- is a fully
Licensed Joint Commission accredited hospital designed exclusively
for women.[BN]
The Plaintiffs are represented by:
Jason B. Aamodt, Esq.
Matthew D. Alison, Esq.
INDIAN AND ENVIRONMENTAL LAW GROUP, PLLC
233 South Detroit Ave., Suite 200
Tulsa, OK 74120
Phone: (918) 347-6169
Fax: (918) 948-6190
Email: Jason@iaelaw.com
matthew@iaelaw.com
The Defendants are represented by:
Andrew M. Bowman, Esq.
Larry D. Ottaway, Esq.
FOLIART HUFF OTTAWAY & BOTTOM
201 Robert S Kerr Ave., 12th Fl.
Oklahoma City, OK 73102
Phone: (405) 232-4633
Fax: (405) 232-3462
Email: andrewbowman@oklahomacounsel.com
larryottaway@oklahomacounsel.com
LORRAINE E. SCHWARTZ: Blind Can't Access Online Store, Murphy Says
------------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all others similarly
situated, Plaintiff v. LORRAINE E. SCHWARTZ INC., Defendant, Case
No. 1:24-cv-05065 (S.D.N.Y., July 3, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://lorraineschwartz.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text, or a text equivalent; empty
links that contain no text; redundant links where adjacent links go
to the same url address; and linked images missing alt-text, says
the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Lorraine E. Schwartz Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
LOVESAC COMPANY: Faces Securities Suit in Connecticut Court
-----------------------------------------------------------
The Lovesac Company disclosed in its Form 10-Q for the quarterly
period ended May 5, 2024, filed with the Securities and Exchange
Commission on June 13, 2024, that on December 19, 2023, a putative
securities class action was filed against The Lovesac company and
certain of its current and former officers related to the
restatement of certain of the company's financial statements.
The suit, captioned "Gutknecht v. The Lovesac Company," (No.
3:23-cv-1640), was filed in the United States District Court for
the District of Connecticut and alleges that all defendants
violated Sections 10(b) of the Exchange Act and Rule 10b-5
promulgated thereunder by the SEC, and that the individual
defendants violated Section 20(a) of the Exchange Act.
The complaint generally alleges that the company made certain
misrepresentations or failed to disclose certain accounting errors
related to the restatement of its financial statements and that its
disclosure controls and procedures and internal controls over
financial reporting were deficient.
The plaintiffs seek, among other things, an unspecified amount of
damages and attorneys' fees, expert fees and other costs. On March
11, 2024, the court appointed Susan Cooke Peña as Lead Plaintiff
and The Rosen Law Firm, P.A. as Lead Counsel. The court's
scheduling order provides for Lead Plaintiff to file an Amended
Complaint by May 10, 2024. On May 29, 2024, the parties entered
into a term sheet to settle the action subject to various
conditions, including execution of a definitive settlement
agreement, filing of the definitive agreement with the court, and
court approval.
The Lovesac Company designs, manufactures and sells furniture based
in Connecticut.
LURIE CHILDREN’S: Faces Patients' Data Breach Suit in Ill.
------------------------------------------------------------
C.K., on behalf of himself and all others similarly situated by his
guardian, AMY KMIECIK, Plaintiff v. ANN & ROBERT H. LURIE
CHILDREN'S HOSPITAL OF CHICAGO; Defendant, Case No. 1:24-cv-05503
(N.D. Ill., June 28, 2024) seeks actual damages, punitive damages,
restitution, statutory damages, injunctive relief, and a
declaratory judgment, as well as any other appropriate relief, for
Defendant's negligence/negligence per se, breach of implied
contract and unjust enrichment in connection with a malicious
cyberattack that occurred between January 26, 2024 and January 31,
2024.
Allegedly, the Defendant failed to employ reasonable and
appropriate measures to protect against unauthorized access to
patients' personally identifiable information and personal health
information. In addition, the Defendant waited over five months
until June 27, 2024 to inform its patients that their PII and PHI
could be compromised as a result of the data breach, says the
suit.
Ann & Robert H. Lurie Children's is a major hospital system
domiciled in Illinois, serving patients in Illinois, Wisconsin,
Indiana, and the surrounding area and providing a multitude of
healthcare-type services for pediatric patients. [BN]
The Plaintiff is represented by:
Blake Hunter Yagman, Esq.
Edward Ciolko, Esq.
Jennifer Czeisler, Esq.
STERLINGTON PLLC
One World Trade Center, 85th Floor
New York, NY 10007
Telephone: (212) 739-0622
Facsimile: (212) 739-0628
E-mail: blake.yagman@sterlingtonlaw.com
ed.ciolko@sterlingtonlaw.com
jen.czeisler@sterlingtonlaw.com
- and -
Michael C. Lueder, Esq.
HANSEN REYNOLDS LLC
301 N. Broadway, Suite 400
Milwaukee, Wisconsin 53202
Telephone: (414) 273-8474
E-mail: mlueder@hansenreynolds.com
MAZDA MOTOR OF AMERICA: Duffy Files Suit in W.D. Kentucky
---------------------------------------------------------
A class action lawsuit has been filed against Mazda Motor of
America, Inc. The case is styled as Catherine Duffy, Matthew Edlin,
Lawrence Mulcahy, Paula Hall, individually and on behalf of all
others similarly situated v. Mazda Motor of America, Inc. doing
business as: Mazda North American Operations, Case No.
3:24-cv-00388-BJB (W.D. Ky., June 28, 2024).
The nature of suit is stated as Motor Vehicle Prod. Liability.
Mazda Motor of America, Inc. -- http://www.mazdausa.com/-- doing
business as Mazda North American Operations Inc., retails
automobile vehicles.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Phone: (310) 474-9111
Fax: (310) 474-8585
- and -
Andrew W. Knox, Esq.
Keith T. Vernon, Esq.
TIMONEY KNOX LLP
400 Maryland Drive
P.O. Box 7544
Fort Washington, PA 19034
Phone: (215) 646-6000
- and -
Benjamin F. Johns, Esq.
Samantha E. Holbrook, Esq.
SHUB & JOHNS LLC
Four Tower Bridge
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Phone: (610) 477-8380
- and -
Beth A. Frederick, Esq.
Troy M. Frederick, Esq.
FREDERICK LAW GROUP, PLLC
836 Philadelphia Street
Indiana, PA 15701
Phone: (724) 801-8555
- and -
Randall S. Strause, Esq.
STRAUSE LAW GROUP, PLLC
804 Stone Creek Parkway, Suite 1
Louisville, KY 40223
Phone: (502) 426-1661
Fax: (502) 426-6772
Email: rstrause@strauselawgroup.com
- and -
Robert Ahdoot, Esq.
AHDOOT AND WOLFSON PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
Phone: (310) 474-9111
Fax: (310) 474-8585
MDL 2873: 5 Suits Consolidated in AFFFs Products Liability Row
--------------------------------------------------------------
In the multi-district action captioned "In Re: Aqueous Film-Forming
Foams Products Liability Litigation," MDL NO. 2873, Judge Karen K.
Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict
Litigation has entered an order transferring four cases from the
U.S. District Court for the Northern District of Alabama and one
from the Western District of Wisconsin, all to the District of
South Carolina and, with the consent of that court, assigned to
Judge Richard M. Gergel for inclusion in the coordinated or
consolidated pretrial proceedings.
Plaintiffs in the four Alabama actions allege they suffered
personal injury caused by the discharge of per- or polyfluoroalkyl
substances (PFAS) from manufacturing facilities in Decatur,
Alabama, operated by defendants 3M, Toray Fluorofibers (America),
Inc., and Daikin America, Inc. Plaintiffs disclaim any liability
for injuries attributable to the manufacture, use, or disposal of
PFAS-containing aqueous film-forming foams (AFFFs).
In the panel's order centralizing this litigation, it was
determined that the District of South Carolina was an appropriate
forum for actions in which plaintiffs allege that aqueous
film-forming foam (AFFF) products used at airports, military bases,
or certain industrial locations caused the release of
perfluorooctanesulfonic acid and/or perfluorooctanoic acid into
local groundwater and contaminated drinking water.
The panel finds that the five actions share factual questions
concerning the use and storage of AFFFs, the toxicity of per- and
polyfluoroalkyl substances and the effects of these substances on
human health and these substances' chemical properties and
propensity to migrate in groundwater supplies. The District of
South Carolina was an appropriate forum for actions in which
plaintiffs allege that AFFF products used at airports, military
bases, or certain industrial locations caused the release of
perfluorooctane sulfonate and/or perfluorooctanoic acid (types of
PFAS) into local groundwater and contaminated drinking water
supplies. The actions in the MDL share factual questions concerning
the use and storage of AFFFs; the toxicity of PFAS and the effects
of these substances on human health; and these substance' chemical
properties and propensity to migrate in groundwater supplies. The
five actions will share common questions of fact with the AFFF
actions in the MDL and will benefit from inclusion in the
centralized proceedings, adds the panel.
A full-text copy of the court's June 7, 2024 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Transfer_Order-5-24.pdf
MDL 3083: 5 Suits Consolidated in MoveIt Data Breach Litigation
---------------------------------------------------------------
In the multi-district action captioned "In re: MoveIt Customer Data
Security Breach Litigation," MDL No. 3083, Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation
transfers two cases from the U.S. District Court for the Western
District of New York and one each from the Eastern District of
Arkansas, Northern District of California and the Southern District
of California, all to the District of Massachusetts and, with the
consent of that court, assigned to Judge Allison D. Burroughs for
coordinated or consolidated pretrial proceedings.
The panel says all actions are expected to share factual questions
arising from allegations that a vulnerability in Progress Software
Company's "MOVEit Transfer" and "MOVEit Cloud" file transfer
services was exploited by a Russian cybergang in May 2023, which to
date is estimated to have compromised the personally identifying
information (PII) of over 55 million people. On May 31, 2023,
Progress posted a notice on its website stating it had discovered
an SQL injection vulnerability in its MOVEit file transfer services
and a related breach in its network and systems. Plaintiffs are
individuals whose PII was potentially compromised who bring largely
overlapping putative nationwide or statewide class actions on
behalf of persons impacted by the exploitation of the MOVEit
software vulnerability.
According to the panel, these actions are expected to share common
and complex factual questions as to how the MOVEit vulnerability
occurred, the circumstances of the unauthorized access and data
exfiltration, and Progress's response to it, as well as the
response of various downstream MOVEit users and customer-facing
defendants with whom plaintiffs did business. Centralization offers
substantial opportunities to streamline pretrial proceedings,
reduce duplicative discovery and conflicting pretrial obligations,
prevent inconsistent rulings on summary judgment motions and
conserve the resources of the parties, their counsel and the
judiciary.
A full-text copy of the court's June 7, 2024 order is available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3083-Transfer_Order-5-24.pdf
MDL 3107: 14 Suits Consolidated in Replacement Tires Antitrust Row
------------------------------------------------------------------
In the multi-district action captioned "In re: Passenger Vehicle
Replacement Tires Antitrust Litigation," MDL No. 3107, Judge Karen
K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation transfers 11 cases from the U.S. District
Court for the Southern District of New York, two from the District
of South Carolina and one from the Northern District of Ohio, all
to the Northern District of Ohio, and, with the consent of that
court, assigned to Judge Sara Lioi for coordinated or consolidated
pretrial proceedings. All responding parties support centralization
but differ as to the proposed transferee forum.
These actions share factual questions arising from an alleged
price-fixing conspiracy among manufacturers of new replacement
tires for passenger cars, vans, trucks, and buses, which are
selected and purchased by consumers, rather than included as part
of a new vehicle purchase. All actions propose overlapping putative
classes of direct and indirect purchasers of new replacement
tires.
The panel has deemed centralization will eliminate duplicative
discovery, which will be international in scope; prevent
inconsistent pretrial rulings, particularly as to class
certification; and conserve the resources of the parties, their
counsel, and the judiciary. The Northern District of Ohio is an
appropriate transferee district for this litigation as it is easily
accessible and relatively centrally located to the pending actions.
Defendant Goodyear is headquartered in this district, and other
defendants have operations there, notes the panel.
A full-text copy of the court's June 7, 2024 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3107-Transfer_Order-5-24.pdf
MDL 3108: 6 Suits Consolidated in Change Healthcare Data Breach Row
-------------------------------------------------------------------
In the multi-district action captioned "In re: Change Healthcare,
Inc., Customer Data Security Breach Litigation," MDL No. 3108,
Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation transfers four cases from the U.S.
District Court for the Middle District of Tennessee and two from
the District of Minnesota, all to the District of Minnesota, and,
with the consent of that court, assigned to Judge Donovan W. Frank
for coordinated or consolidated pretrial proceedings.
All actions on the motion are brought on behalf of persons whose
personally identifiable information and protected health
information were compromised in a cyberattack on the systems of
defendants Change Healthcare, Inc., UnitedHealth Group
Incorporated, UnitedHealthcare, Inc., and Optum, Inc. (together,
Change Healthcare) announced February 21, 2024.
Change Healthcare allegedly failed to take adequate measures to
prevent and address the consequences of the cyberattack on its
network, which exposed the private information of millions of
individuals and severely disrupted the ability of physicians,
pharmacies, and other healthcare providers to use Change
Healthcare's digital platform to access insurance information, fill
prescriptions, submit insurance claims, and receive payment for
services provided to patients. Plaintiffs seek certification of
overlapping nationwide and statewide class actions of individuals
and healthcare providers, and assert virtually identical claims for
negligence, negligence per se, breach of contract or implied
contract, unjust enrichment, and violation of state consumer
protection laws. Discovery in all actions will focus on how Change
Healthcare's system was breached, what security measures Change
Healthcare had in place, and the measures taken after the data
breach was discovered to notify those impacted and to restore
healthcare providers' access to insurance and other information
stored in the Change Healthcare platform.
According to the panel, centralization will avoid the possibility
of inconsistent pretrial rulings, particularly with respect to
class certification. With a total of 50 actions pending in twelve
districts and dozens of involved plaintiffs' counsel,
centralization will serve the convenience of the parties and
witnesses, and conserve judicial resources.
A full-text copy of the court's June 7, 2024 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3108-Transfer_Order-5-24.pdf
MDL 3109: Transfer of 5 Suits to Video Game Addiction Row Denied
----------------------------------------------------------------
In the multi-district action captioned "In re: Video Game Addiction
Products Liability Litigation," MDL No. 3109, Judge Karen K.
Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict
Litigation denied a motion to centralize two cases from the U.S.
District Court for the Eastern District of Arkansas and one each
from the Northern District of Illinois, Southern District of
Illinois and Western District of Missouri, in the Western District
of Missouri or, alternatively, the Eastern District of Arkansas.
All responding defendants opposed centralization.
Movants rely on broad similarities among the actions concerning the
video game industry and defendants' alleged conduct in designing,
marketing, selling, and facilitating the use of video game products
that, plaintiffs argue, cause prolonged, compulsive game play and,
ultimately, addiction through the use of similar features like
feedback loops, reward systems, pay-to-win options, and artificial
intelligence mechanisms. The differences among the actions,
however, are substantial. There is a broad range of games and
defendants in each action, with the at-issue games only partially
overlapping.
The related actions also involve over 30 different defendants.
Plaintiffs attempt to overcome the differences among the products
and defendants by asserting that an alleged common conspiracy
supports centralization -- specifically, that defendants "conspired
or acted in concert to addict a generation of young video game
players." Indeed, all of the complaints bring a claim for civil
conspiracy. But in each action, the alleged conspiracy claim is
pled against a different group of defendants and involves different
combinations of gaming products. Given the different products and
defendants involved in each alleged conspiracy, centralization is
not warranted.
Plaintiffs also assert that the number of actions is likely to
expand, asserting during oral argument that there would be 10,000
additional actions. But "the mere possibility of additional actions
does not support centralization, even where thousands of actions
are predicted," the panel held.
The panel noted, however, that its decision to deny centralization
here is not based on an insufficient number of actions, but rather
the lack of common factual questions in this litigation.
Thus, the panel has concluded that informal coordination is a
practicable alternative to centralization. Plaintiffs in all
actions on the motion and seven of the ten potential tag-along
actions share counsel and have represented in the briefing that
they have coordinated, and will continue to coordinate with, other
groups of plaintiffs involved in this litigation. The most
frequently-named defendants have national coordinating counsel. At
oral argument, their counsel represented that they will coordinate
any overlapping discovery that potentially may arise, adds the
panel.
A full-text copy of the court's June 5, 2024 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3109-Order_Denying_Transfer-5-24.pdf
MDL 3110: 5 Suits Consolidated in Granulated Sugar Antitrust Row
----------------------------------------------------------------
In the multi-district action captioned "In Re: Granulated Sugar
Antitrust Litigation," MDL No. 3110, Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation
transfers three cases from the U.S. District Court for the Southern
District of New York and two from the District of Minnesota, all to
the the District of Minnesota, and, with the consent of that court,
assigned to Judge Jerry W. Blackwell for coordinated or
consolidated pretrial proceedings. All responding parties either
support or do not oppose centralization.
The actions share factual questions arising from allegations that
defendants conspired to artificially increase the price of refined
sugar by sharing competitively sensitive and nonpublic information
regarding their refined sugar prices, capacity, and sales through
co-defendants Richard Wistisen and his company, Commodity
Information, Inc. Actions are brought on behalf of overlapping
putative nationwide and multistate classes of direct and indirect
purchasers of granulated sugar. Centralization will eliminate
duplicative discovery; prevent inconsistent pretrial rulings,
particularly as to class certification; and conserve the resources
of the parties, their counsel, and the judiciary, rules the panel.
The panel deemed the District of Minnesota as an appropriate
transferee district for this litigation. Nearly 30 of 45 related
actions in this docket are pending in the District of Minnesota.
Numerous plaintiffs and one defendant (in the alternative) suggest
centralization in this district, which presents a convenient and
accessible venue for this nationwide litigation. The District of
Minnesota also has the resources to efficiently manage this
litigation, adds the panel.
A full-text copy of the court's June 7, 2024 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3110-Transfer_Order-5-24.pdf
MERCEDES-BENZ USA: Cacho et al. Sue Over Defective Braking System
-----------------------------------------------------------------
LEONARDO CACHO, RUBEN CHARLES, CARL CLARK, LINDA CREA, SR., BRANDON
DUELING, ROXIE HARRIS, WENDER JEUDY, WANDA JONES, SEAN K. LEE, TINA
MARIE, LETITIA MATTHEWS, ROBERT MCCUMSEY, RULESHA MCKINNEY, BIANCA
ORTIZ, FRANCY DIAZ PEREZ, JAMES POWELL, ANTHONY PYLES, ELLERY
RICHARD, JEFFREY ROBINSON, MARCIO SINELLI, THOMAS STEFANOPOULOS,
BETTY WALTON, JENNIFER WALKER, HUEY WILLIAMS, and ANTONIO WYNN,
Individually And On Behalf Of All Others Similarly Situated,
Plaintiffs v. MERCEDES-BENZ USA, LLC, MERCEDES-BENZ
AKTIENGESELLSCHAFT, and MERCEDES-BENZ GROUP AKTIENGESELLSCHAFT,
Defendants, Case No. 1:24-cv-02894-ELR (N.D. Ga., June 28, 2024)
arises from Defendants' failure to inform consumers of the
potentially deadly braking system installed in certain 2004-2015
ML-Class, GL-Class, and R-Class vehicles.
According to the complaint, braking systems installed in all Class
vehicles are plagued by a design defect that leads to partial or
total loss of braking capability. The defect fails to prevent
moisture from accumulating in the brake booster housing unit of the
Class vehicles, which causes corrosion resulting in reduced brake
performance or brake failure. Despite Defendants' knowledge,
Defendants omitted information regarding the brake defect from all
advertising, promotion, or other contacts with Plaintiffs and Class
members prior to purchase. By failing to disclose the brake defect
to consumers and by failing to correct the problem, delaying the
recall, and otherwise failing to act reasonably, Defendants have
put their own profits over the safety of Plaintiffs and the Class,
who all purchased vehicles of a lesser standard, grade and quality
than was represented. Accordingly, Plaintiffs assert claims for
violations of the Magnuson-Moss Warranty Act, fraud by concealment
or omission, negligent misrepresentation, and unjust enrichment.
Headquartered in Atlanta, GA, Mercedes-Benz USA distributes and
markets Mercedes-Benz and smart products in the United States.
[BN]
The Plaintiffs are represented by:
James E. Cecchi
CARELLA, BYRNE, CECCHI, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
- and -
Zachary A. Jacobs, Esq.
CARELLA, BYRNE, CECCHI, BRODY & AGNELLO, P.C.
222 S. Riverside Plaza
Chicago IL 60606
Telephone: (973) 994-1700
Facsimile: 973-994-1744
E-mail: zjacobs@carellabyrne.com
- and -
Christopher A. Seeger, Esq.
Christopher L. Ayers, Esq.
SEEGER WEISS LLP
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
Facsimile: (973) 679-8656
E-mail: cseeger@seegerweiss.com
cayers@seegerweiss.com
- and -
Scott P. Schlesinger, Esq.
Jeffrey L. Haberman, Esq.
Jonathan R. Gdanski, Esq.
Sarah J. Schultz, Esq.
SCHLESINGER LAW OFFICES, P.A.
1212 SE Third Avenue
Ft. Lauderdale, FL 33316
Telephone: (954) 467-8800
E-mail: scott@schlesingerlaw.com
jhaberman@schlesingerlaw.com
jgdanski@schlesingerlaw.com
sarah@schlesingerlaw.com
- and -
Michael A. Caplan, Esq.
T. Brandon Waddell, Esq.
CAPLAN COBB LLC
75 Fourteenth Street, NE, Suite 2700
Atlanta, GA 30309
Telephone: (404) 596-5600
Facsimile: (404) 596-5604
E-mail: mcaplan@caplancobb.com
bwaddell@caplancobb.com
- and -
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
Facsimile: (206) 441-9711
E-mail: emeryt@emeryreddy.com
reddyp@emeryreddy.com
- and -
Kim D. Stephens, Esq.
Rebecca L. Solomon, Esq.
TOUSLEY BRAIN STEPHENS, PLLC
1200 Fifth Avenue, Ste. 1700
Seattle, WA 98101
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: kstephens@tousley.com
rsolomon@tousley.com
METROPOLIS TECHNOLOGIES: Appel Files Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Metropolis
Technologies Inc. The case is styled as Brendan Appel, individually
and on behalf of all others similarly situated v. Metropolis
Technologies Inc., Case No. 2:24-cv-05477-SPG-MAR (C.D. Cal., June
27, 2024).
The nature of suit is stated Other P.I.
Metropolis -- https://www.metropolis.io/ -- is an AI and computer
vision start-up built to modernize parking and empower the future
of mobility.[BN]
The Plaintiff is represented by:
Matthew John Langley, Esq.
ALMEIDA LAW GROUP LLC
849 West Webster Avenue
Chicago, IL 60614
Phone: (954) 579-0027
Email: matt@almeidalawgroup.com
- and -
Andrew Gerald Gunem
STRAUSS BORRELLI PLLC
980 North Michigan Avenue, Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: agunem@straussborrelli.com
MONGODB INC: Faces Shareholder Suit Over Misleading Statements
--------------------------------------------------------------
A shareholder class action lawsuit has been filed against officers
of MongoDB, Inc. ("MongoDB" or the "Company") (NASDAQ: MDB). The
lawsuit alleges that Defendants misled investors by providing the
public with materially flawed statements of confidence and growth
projections.
If you bought shares of MongoDB between August 31, 2023 and May 30,
2024, and you suffered a significant loss on that investment, you
are encouraged to discuss your legal rights by contacting Corey D.
Holzer, Esq. at cholzer@holzerlaw.com, by toll-free telephone at
(888) 508-6832 or you may visit the firm's website at
www.holzerlaw.com/case/mongodb/ to learn more.
The deadline to ask the court to be appointed lead plaintiff in the
case is September 9, 2024.
Holzer & Holzer, LLC, an ISS top rated securities litigation law
firm for 2021 and 2022, dedicates its practice to vigorous
representation of shareholders and investors in litigation
nationwide, including shareholder class action and derivative
litigation. Since its founding in 2000, Holzer & Holzer attorneys
have played critical roles in recovering hundreds of millions of
dollars for shareholders victimized by fraud and other corporate
misconduct. More information about the firm is available through
its website, www.holzerlaw.com, and upon request from the firm.
Holzer & Holzer, LLC has paid for the dissemination of this
promotional communication, and Corey Holzer is the attorney
responsible for its content.
CONTACT:
Corey Holzer, Esq.
(888) 508-6832 (toll-free)
cholzer@holzerlaw.com [GN]
MORTGAGE RESEARCH: Robertson Files TCPA Suit in W.D. Missouri
-------------------------------------------------------------
A class action lawsuit has been filed against Mortgage Research
Center, LLC. The case is styled as Erin Robertson, individually and
on behalf of a class of all persons and entities similarly situated
v. Mortgage Research Center, LLC doing business as: Veterans
United, Case No. 2:24-cv-04106-WJE (W.D. Mo., June 28, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Mortgage Research Center -- https://www.mortgageresearch.com/ --
features mortgage news and advice for homebuyers from a team of
experts in mortgage, real estate and personal finance.[BN]
The Plaintiff is represented by:
Maxwell Cory Nelson, Esq.
MCN LAW LLC
12433 Antioch # 25442
Overland Park, KS 66225
Phone: (913) 358-5800
Email: mcorynelson@mcnlawllc.com
MOTION CONTROL: Collins Labor Suit Removed to E.D. California
-------------------------------------------------------------
The case styled CRYSTAL COLLINS, individually and on behalf of
others similarly situated, Plaintiffs, v. MOTION CONTROL
ENGINEERING, INC.; NIDEC MOTOR CORPORATION; and DOES 1 through 25,
inclusive, Defendants, Case No. 23CV013907, was removed from the
Superior Court in and for the County of Sacramento to the U.S.
District Court for the Eastern District of California.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:24-cv-01824 to the proceeding.
The case arises out of the Defendants' alleged violations of the
California law involving minimum wages, overtime, meal periods,
rest breaks, late wages, inaccurate wage statements, untimely final
wages, and business expense reimbursements.
Motion Control Engineering, Inc. manufactures elevators, elevator
or escalator controllers, and elevator parts. [BN]
The Defendant is represented by:
Aimee Axelrod Parker, Esq.
Geoffrey D. La Val, Esq.
Ethan T. Litney, Esq.
WILSON TURNER KOSMO LLP
402 West Broadway, Suite 1600
San Diego, CA 92101
Telephone: (619) 236-9600
Facsimile: (619) 236-9669
E-mail: aparker@wilsonturnerkosmo.com
glaval@wilsonturnerkosmo.com
elitney@wilsonturnerkosmo.com
NATIONAL FARMERS: Condemns Gov't Attack on Class Action Victims
---------------------------------------------------------------
National Farmers' Federation President David Jochinke has labelled
the Federal Government's recent correspondence on the live cattle
class action as an "appalling attack on victims".
In a letter the Attorney-General Mark Dreyfus sent to the NFF and
provided to media last week, the Government has accused the victims
of trying to line their pockets.
"This is outrageously misleading and a disgraceful attempt to bluff
the public and play games with people who've already lost so much,"
said Mr Jochinke, who is in the Northern Territory this week,
speaking with producers.
"We are talking about a wrongdoing from 2011, that's still dragging
on. Since that time people have died, businesses have collapsed and
families have cracked under the pressure.
"Yet the government continues with this contemptuous behaviour,
ignorant of the devastation the unlawful ban brought upon people
who continue to suffer financially and emotionally."
The Government has indicated the Commonwealth's offer is above the
loss of expected profits for 2011-12.
Mr Jochinke said this did not account for the significant costs the
victims suffered in the fallout from the ban.
"It's incredibly misleading for the Government to claim the loss
occurred only in a single year, and was confined only to expected
profits.
"Lost profits are only the tip of the iceberg. That doesn't account
for the market crash that followed the ban. It completely ignores
the cattle deaths the ban caused, the losses exporters,
veterinarians and other businesses in the supply chain suffered, or
the forced property sales that ensued.
"The Government is meant to be a model litigant. Instead, it's now
briefing mischievous nonsense to journalists. The complete
disregard for producers who just want to move on is astonishing."
Background
In June 2020 a court found the Gillard Government had committed
malfeasance in its decision to shut down the live cattle export
trade from Australia in 2011.
The Brett Cattle Company Pty Ltd v Minister for Agriculture [2020]
FCA 732 class action comprises 215 parties, including cattle
producers, exporters and independent service providers, such as
veterinarians and musterers, who were devastated by the
Government's decision to shut down the trade.
The Commonwealth has offered $215 million in settlement, which fell
far short of the $500 million, plus interest, in damages the class
is seeking.
The next hearing is scheduled for April 2025. [GN]
NATIONWIDE VISION: Settle Data Breach Class Action for $3.45-Mil.
-----------------------------------------------------------------
Top Class Actions reports that a $3.45 million Nationwide Vision
data breach settlement resolves claims the eye care provider failed
to protect patients and employees from a 2021 data breach.
The settlement benefits current and former patients, customers,
employees, members and covered dependents of Nationwide Optometry,
Nationwide Vision Center and Sightcare whose information may have
been compromised as a result of the data breach, which occurred
between April 20, 2021, and May 17, 2021.
According to the class action lawsuit, Nationwide and Sightcare
failed to implement reasonable cybersecurity measures to prevent a
2021 data breach that compromised the sensitive data of patients
and employees. Plaintiffs in the case claim the company's failure
to protect this data was an act of negligence and violated state
consumer protection laws.
Nationwide Vision is an eye care provider, and Sightcare is a
vision plan provider.
Nationwide Vision hasn't admitted any wrongdoing but agreed to pay
$3.45 million to resolve the data breach class action lawsuit.
Under the terms of the Nationwide Vision data breach settlement,
class members can receive either a pro rata cash payment or
reimbursement for actual data breach losses.
The pro rata cash payment is estimated to be around $50 per
claimant, but actual payments will vary depending on the number of
valid claims filed and the amount left in the settlement fund after
reimbursement claims are paid.
In lieu of the pro rata payments, class members may instead file a
claim for reimbursement. The settlement offers reimbursement for
data breach-related losses, such as credit expenses, unreimbursed
financial losses, lost time and more. These payments will not
exceed $300 for ordinary expenses, $100 for lost time and $5,000
for extraordinary losses for a total maximum payment of $5,400.
Class members who make claims for reimbursement can also receive
two years of free credit and identity theft monitoring. These
services include real time monitoring at all three major credit
bureaus, $1 million in identity theft insurance and fraud
resolution resources.
The deadline for exclusion and objection is Aug. 23, 2024.
The final approval hearing for the settlement is scheduled for Oct.
15, 2024.
To receive Nationwide Vision data breach settlement benefits, class
members must submit a valid claim form by Sept. 23, 2024.
Who's Eligible
Current and former patients, customers, employees, members and
covered dependents of Nationwide Optometry, Nationwide Vision
Center and Sightcare whose information may have been compromised as
a result of the data breach, which occurred between April 20, 2021,
and May 17, 2021.
Potential Award
$5,400
Proof of Purchase
Account statements, credit reports, communication charges, travel
expenses, tax records and other documentation of data
breach-related expenses
Claim Form Deadline
09/23/2024
Case Name
In re: U.S. Vision Data Breach Litigation, Case No.
1:22-cv-06558-CPO-SAK, in the U.S. District Court for the District
of New Jersey
Final Hearing
10/15/2024
Settlement Website
NationwideSightcare.com
Claims Administrator
Nationwide Sightcare Data Incident
Settlement Administrator
P.O. Box 2713
Portland, OR 97208-2713
info@NationwideSightcare.com
(888) 857-6324
Class Counsel
Ben Barnow
BARNOW AND ASSOCIATES PC
205 W Randolph St #1630
Chicago, IL 60606
Terence R Coates
MARKOVITS STOCK & DEMARCO LLC
119 E Court St #530
Cincinnati, OH 45202
Jean S Martin
MORGAN & MORGAN
20 North Orange Ave, Suite 1600
Orlando, FL 32801
Defense Counsel
Donald M. Houser
Erin Edwards
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309 [GN]
NOR-CAL CHICKEN: Cervantes Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Nor-Cal Chicken, Inc.
The case is styled as Jose L. Urbina Cervantes, on behalf of
himself and others similarly situated v. Nor-Cal Chicken, Inc.,
Case No. STK-CV-UOE-2024-0007534 (Cal. Super. Ct., San Joaquin
Cty., June 26, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Nor-Cal Chicken, Inc. doing business as El Pollo Loco --
https://www.elpolloloco.com/ -- is the name of two independent
restaurant chains that specialize in Mexican-style grilled
chicken.[BN]
NORDICA BAY LLC: Marinelli Files Suit in Fla. Cir. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Nordica Bay, LLC. The
case is styled as Micheal Marinelli, individually and on behalf of
all those similarly situated v. Nordica Bay, LLC, Case No.
CACE24008878 (Fla. Cir. Ct., Broward Cty., June 25, 2024).
Nordica Bay -- https://nb.prospectportal.com/ -- is an apartment
community managed by Starka Properties, located in Pinellas
County.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: 954-907-1136
Email: gerald@jibraellaw.com
OLD DOMINION FREIGHT: Tensae Suit Removed to N.D. California
------------------------------------------------------------
The case styled as Tsegai W. Tensae, on behalf of himself and on
behalf of all others similarly situated v. OLD DOMINION FREIGHT
LINE, INC., a Virginia Corporation; and DOES 1 through 10,
inclusive, Case No. CGC-24-613700 was removed from the Superior
Court of the State of California in and for the County of San
Francisco, to the United States District Court for the Northern
District of California on July 1, 2024, and assigned Case No.
3:24-cv-03978.
The Plaintiff's Complaint alleges eight purported causes of action
for: failure to pay minimum wages; failure reimburse business
expenses; failure to pay reporting time pay; failure to pay sick
pay; unlawful wage deductions; failure to provide accurate itemized
wage statements; failure to pay final wages; and violations of the
California Unfair Competition Law ("UCL").[BN]
The Defendants are represented by:
Matthew C. Kane, Esq.
Amy E. Beverlin, Esq.
Kerri H. Sakaue, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067-4508
Phone: 310.820.8800
Facsimile: 310.820.8859
Email: mkane@bakerlaw.com
abeverlin@bakerlaw.com
ksakaue@bakerlaw.com
- and -
Sylvia J. Kim, Esq.
BAKER & HOSTETLER LLP
Transamerica Pyramid
600 Montgomery Street, Suite 3100
San Francisco, CA 94111-2806
Phone: 415.659.2600
Facsimile: 415.659.2601
Email: sjkim@bakerlaw.com
ONLINE DIGITAL: Warren Files TCPA Suit in N.D. Mississippi
----------------------------------------------------------
A class action lawsuit has been filed against Online Digital, LLC.
The case is styled as Dorothy Warren, on behalf of herself and
others similarly situated v. Online Digital, LLC, Case No.
4:24-cv-00059-DMB-DAS (N.D. Miss., June 25, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.[BN]
The Plaintiffs are represented by:
James Matthew Stephens, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
Phone: (205) 939-0199
Fax: (205) 939-0399
Email: mstephens@mtattorneys.com
ONSTAR LLC: Selvanathan Files Suit in Fla. Cir. Ct.
---------------------------------------------------
A class action lawsuit has been filed against OnStar, LLC. The case
is styled as Mayan Selvanathan, individually and on behalf of all
those similarly situated v. OnStar, LLC, Case No. CACE24008948
(Fla. Cir. Ct., Broward Cty., June 26, 2024).
OnStar, LLC -- https://www.onstar.com/ -- offers hosting services
online. The Company provides subscription-based communications,
in-vehicle security, emergency services, hands-free calling,
turn-by-turn navigation, and remote diagnostics systems.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: 954-907-1136
Email: gerald@jibraellaw.com
PANORAMA EYE CARE: Peterson Files Suit in D. Colorado
-----------------------------------------------------
A class action lawsuit has been filed against Panorama Eye Care,
LLC. The case is styled as Janele Peterson, individually and on
behalf of all others similarly situated v. Panorama Eye Care, LLC,
Case No. 1:24-cv-01815-STV (D. Colo., June 28, 2024).
The nature of suit is stated as Motor Vehicle Prod. Liability.
Panorama Eyecare -- https://panoramaeyecare.com/ -- offers a full
range of eye health services, including routine eye exams, cataract
surgery, contact lens fittings, and glasses.[BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
ELLZEY & ASSOCIATES PLLC
1105 Milford Street
Houston, TX 77006
Phone: (713) 554-2377
Fax: (888) 276-3455
Email: jarrett@ellzeylaw.com
POLYGLASS USA INC: Castro Files FLSA Suit in D. Minnesota
---------------------------------------------------------
A class action lawsuit has been filed against Polyglass USA Inc.
The case is styled as Janilka Castro, on behalf of herself and
others similarly situated v. Polyglass USA Inc., Case No.
3:24-cv-01059-KM (D. Minn., June 27, 2024).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
POLYGLASS -- https://www.polyglass.com/ -- is a leading
manufacturer of modified bitumen roofing and waterproofing
membranes, insulation and roof coatings.[BN]
The Plaintiff is represented by:
Peter D. Winebrake, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Phone: (215) 884-2491
Email: pwinebrake@winebrakelaw.com
mgottesfeld@winebrakelaw.com
The Defendant is represented by:
Kieran M. Casey, Esq.
ROSENN JENKINS & GREENWALD LLP
15 South Franklin Street
Wilkes-Barre, PA 0871
Phone: (570) 826-5667
Email: kcasey@rjglaw.com
RANGE VIEW MANAGEMENT: Rapp Files TCPA Suit in C.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against Range View Management
LLC, et al. The case is styled as Aaron Rapp, individually and on
behalf of all others similarly situated v. Range View Management
LLC d/b/a Lendvia, Better Debt Solutions LLC, Case No.
8:24-cv-01438 (C.D. Cal., June 28, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Range View Management LLC -- https://rangeviewmgm.com/ -- is a
mortgage company.[BN]
The Plaintiff is represented by:
David J. McGlothlin, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: david@kazlg.com
ROYAL TEXTILE: Segura Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Royal Textile Print,
Inc. The case is styled as Pedro Rojo Segura, individually and on
behalf of all others similarly situated v. Royal Textile Print,
Inc., Does 1-20, inclusive, Case No. 24STCV16222 (Cal. Super. Ct.,
Los Angeles Cty., June 28, 2024).
Royal Textile Print, Inc. -- https://www.royaltextileprint.com/ --
is LA's leader in printing & finishing of textiles.[BN]
The Plaintiff is represented by:
Vache A. Thomassian, Esq.
KJT LAW GROUP LLP
230 N. Maryland Ave. Suite 306
Glendale, CA 91206
Phone: 818.507.8525
Email: vache@kjtlawgroup.com
SAMSUNG SDI: Faces McCaskill Wage-and-Hour Suit in E.D. Michigan
----------------------------------------------------------------
MICHELLE MCCASKILL, individually and on behalf of all others
similarly situated, Plaintiff v. SAMSUNG SDI AMERICA, INC.,
Defendant, Case No. 2:24-cv-11719-SJM-APP (E.D. Mich., July 3,
2024) is a class action against the Defendant for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as a non-exempt, hourly
employee from approximately November 27, 2023, through April 12,
2024.
Samsung SDI America, Inc. is a manufacturer of renewable energy and
energy storage system based in California. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
Email: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
Email: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
Email: jm@melmedlaw.com
lms@melmedlaw.com
SERENA WHOLESALE: Underpays Manual Laborers, Ramirez Suit Alleges
-----------------------------------------------------------------
JOSE REYNOSO RAMIREZ, individually and on behalf of all others
similarly situated, Plaintiff v. SERENA WHOLESALE, INC. and RAFIQ
P. KHOJA, Defendants, Case No. 5:24-cv-00214-MTT (M.D. Ga., July 3,
2024) is a class action against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Plaintiff has been employed by the Defendants as a general
manual laborer at their Macon, Georgia facility since 2009.
Serena Wholesale, Inc. is a wholesaler based in Macon, Georgia.
[BN]
The Plaintiff is represented by:
Tyler B. Kaspers, Esq.
THE KASPERS FIRM, LLC
152 New Street, Suite 109B
Macon, GA 31201
Telephone: (404) 944-3128
Email: tyler@kaspersfirm.com
SHARECARE INC: Buqueras Suit Transferred to N.D. Georgia
--------------------------------------------------------
The case styled as Victor Buqueras, individually and on behalf of
all others similarly situated v. Sharecare, Inc., Jeffrey T.
Arnold, Justin Ferrero, Case No. 2:24-cv-03225 was transferred from
the U.S. District Court for the Central District of California, to
the U.S. District Court for the Northern District of Georgia on
June 25, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02769-LMM to the
proceeding.
The nature of suit is stated as Securities/Commodities for the
Securities Exchange Act.
Sharecare -- https://www.sharecare.com/ -- is the digital health
company that helps people manage all their health in one
place.[BN]
The Plaintiff is represented by:
Laurence Rosen, Esq.
THE ROSEN LAW FIRM
275 Madison Avenue
New York, NY 10016
Phone: (212) 686-1060
Email: lrosen@rosenlegal.com
The Defendants are represented by:
Lisa R. Bugni, Esq.
KING AND SPALDING LLP
50 California Street, Suite 3300
San Francisco, CA 94111
Phone: (415) 318-1234
Email: lbugni@kslaw.com
STERLING JEWELERS: Walter Suit Removed to C.D. California
---------------------------------------------------------
The case styled as Jennifer J. Walter, on behalf of himself and on
behalf of all others similarly situated v. Sterling Jewelers Inc.,
Case No. 24STCV09730 was removed from the Superior Court for the
State of California, County of Los Angeles, to the United States
District Court for the Central District of California on July 1,
2024, and assigned Case No. 2:24-cv-05581.
The Plaintiff's first cause of action is for the alleged failure to
pay overtime compensation pursuant to California Labor Code.
Plaintiff's second cause of action is for the alleged failure to
pay overtime compensation pursuant to California Labor Code. In the
third and fourth causes of action, Plaintiff alleges that she and
others were not given proper meal and rest breaks. Plaintiff's
sixth cause of action alleges that Defendant failed to include all
required information on the wage statements it provided to
non-exempt employees working for in California and thus failed to
provide accurate wage statements in violation of California law.
Plaintiff's seventh cause of action is for the failure to timely
pay wages upon separation, pursuant to California Labor Code.[BN]
The Defendants are represented by:
Thomas N. McCormick, Esq.
Charles E. Cohen, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
4675 MacArthur Court, Suite 700
Newport Beach, CA 92660
Phone: (949) 526-7903
Facsimile: (949) 526-7903
Email: tnmccormick@vorys.com
cecohen@vorys.com
TD SYNNEX: Smith Suit Removed to C.D. California
------------------------------------------------
The case styled as Jordan Smith, as an individual and on behalf of
all other similarly situated CLASS Members v. TD SYNNEX
CORPORATION, a Delaware Corporation; AVT TECHNOLOGY SOLUTIONS LLC,
a Delaware Limited Liability Company; and DOES 1-100, inclusive,
Case No. CIVSB2417258 was removed from the Superior Court of the
State of California, County of San Bernardino, to the United States
District Court for the Central District of California on July 1,
2024, and assigned Case No. 5:24-cv-01372.
The Complaint alleges seven causes of action which Plaintiff
pursues on a class-wide basis: recovery of unpaid minimum wages and
liquidated damages; recovery of unpaid overtime wages; failure to
provide meal periods or compensation in lieu thereof; failure to
provide rest periods or compensation in lieu thereof; failure to
furnish accurate itemized wage statements; failure to reimburse
business expenses; and unfair competition.[BN]
The Defendants are represented by:
David L. Cheng, Esq.
Min K. Kim, Esq.
FORD HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, CA 90071
Phone: (213) 237-2400
Facsimile: (213) 237-2401
Email: dcheng@fordharrison.com
mkim@fordharrison.com
TECO ENERGY: Can File Sur-Reply to Roche Class Cert Bid
--------------------------------------------------------
In the class action lawsuit captioned as Roche v. TECO Energy,
Inc., et al., Case No. 8:23-cv-01571 (M.D. Fla., Filed July 14,
2023), the Hon. Judge Charlene Edwards Honeywel entered an order
granting the Defendant's motion to file sur-reply to the
Plaintiff's motion to certify class.
The suit alleges violation of the Employee Retirement Income
Security Act (E.R.I.S.A.).
TECO operates as an energy company.[CC]
TOYON CATERING: Jimenez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Toyon Catering Inc.,
et al. The case is styled as Jose Salome Jimenez, individually and
on behalf of all others similarly situated v. Toyon Catering, Inc.
a/k/a Dinah's Family Restaurant, a corporation, Case No.
24TRCV02169 (Cal. Super. Ct., Los Angeles Cty., June 28, 2024).
The case type is stated "Other Employment Complaint Case (General
Jurisdiction)."
Toyon Catering Inc. -- https://www.dinahskitchenla.com/ -- is a
retro diner in Culver City known for delicious fried chicken, apple
pancakes, and a rich history.[BN]
The Plaintiff is represented by:
Brian C. Gudmundson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 South 8th Stree
Minneapolis, MN 55402
Phone: (612) 341-0400
Email: brian.gudmundson@zimmreed.com
UNDER 5'10: Website Inaccessible to Blind Users, Competello Says
----------------------------------------------------------------
SUSAN COMPETELLO, on behalf of herself and all others similarly
situated, Plaintiff v. Under 5'10 LLC, Defendant, Case No.
1:24-cv-04905 (S.D.N.Y., June 28, 2024) arises from Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
The Plaintiff alleges that Defendant violated the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State Civil Rights Law.
Under 5'10, LLC, is a New York corporation that owns and maintains
the website, https://www.under510.com, which provides consumers a
gateway to their products and services, including men's clothing.
[BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone No.: (212) 227-5700
Facsimile No: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
WAYFAIR LLC: Court Approves Warranty Rights Class Settlement
------------------------------------------------------------
Angelica Dino, writing for Canadian Lawyer, reports that the Quebec
Superior Court approved a settlement in a class action lawsuit over
the sale of extended warranties without informing Quebec consumers
about their legal warranty rights.
The dispute centred around the sale of extended home appliances and
consumer electronics warranties on Wayfair LLC's website and mobile
application without informing Quebec consumers about Quebec's legal
warranty under the Consumer Protection Act (CPA).
The court had authorized the class action for all consumers
residing in Quebec who purchased an extended warranty from Wayfair
between February 7, 2019, and October 31, 2022. This authorization
followed Wayfair's implementation of business practice changes in
October 2022 to provide Quebec legal warranty notices before
selling extended warranties.
The parties reached an initial settlement agreement, but it was
soon discovered that the compensation provision did not reflect the
essential terms. An amended agreement was filed, and new notices
were issued to class members. The court received seven opt-out
forms from class members, with no objections to the settlement.
The modified settlement agreement stipulates that Wayfair will
issue e-store credits worth at least $22.50 for each extended
warranty purchased by class members during the specified period.
This settlement amount represents 50 percent of Wayfair's value of
commerce for the sale of these warranties. The court highlighted
that class members would benefit from both the extended warranties
and the additional compensation without any expiration date on the
e-store credits.
Class counsel and defendant's counsel recommended the settlement,
emphasizing that it benefits the class members and aligns with the
principle of proportionality. The agreement avoids prolonged
litigation, which would have incurred significant costs and
required expert testimony.
Considering the circumstances, the Superior Court found that the
modified settlement agreement was a favourable result, noting that
it promotes judicial economy and proportionality. The settlement
includes Wayfair assuming all administration expenses, ensuring
that the settlement amount remains fully available to the class
members.
Additionally, the court approved the payment of class counsel's
fees, amounting to $236,470 plus taxes, as part of the settlement.
This fee represents 25.24 percent of the total settlement value and
aligns with the professional mandate agreement signed by the
plaintiff and class counsel. [GN]
WEST VIRGINIA: Seeks Summary Judgement in Child Welfare Class Suit
------------------------------------------------------------------
Isaac Taylor, writing for 13 WOWK, reports that the West Virginia
Department of Human Services (DoHS) has asked for a case on the
foster care system to be decided on summary judgment, according to
a press release from the state government agency.
The lawsuit was filed on Sept. 30, 2019, and claimed the foster
care system failed to protect children, according to reporting by
the Associated Press at the time. Nexstar's WBOY reported a federal
district judge granted class-action status to the lawsuit in 2023.
In a press release from the state DoHS, they want the case to be
decided on summary judgment, which means a decision would be made
without the case going to trial.
They cite various actions they have taken within the past five
years to better the foster care system in the state, including the
decrease in foster children over the last decade and their spending
on mental health services for foster children.
They also say they want the court the find, "there is no scenario
under which plaintiffs could win if this case were allowed to
proceed to trial at the taxpayers' expense," according to a press
release. [GN]
Asbestos Litigation
ASBESTOS UPDATE: Creditors Want Barretts Ch. 11 Case Dismissed
--------------------------------------------------------------
Evan Ochsner of Bloomberg Law reports that Barretts Minerals'
creditors move to dismiss its bankruptcy.
Barretts Minerals Inc.'s junior creditors moved to dismiss the
bankrupt talc supplier's Chapter 11 case because they said the
company won't be able to accomplish anything more in bankruptcy.
Barretts filed Chapter 11 in October 2023 to resolve asbestos
liability related to talc production, but after getting court
approval to sell its talc mine, the company is hiding out in
Chapter 11 to obtain litigation protection for its corporate
affiliates, creditors said.
"Seeking to benefit solvent indeed, wealthy non-debtors is not a
legitimate bankruptcy purpose," creditors said in a motion in the
US Bankruptcy Court for the Southern District of Texas.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
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