/raid1/www/Hosts/bankrupt/CAR_Public/250101.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, January 1, 2025, Vol. 27, No. 1
Headlines
3M COMPANY: Marto Sues Over Highly Toxic Chemicals
ABSOLUTE HEALTH AGENTS: Salaiz Files TCPA Suit in W.D. Texas
ALLIANCE PHARMA: Faces Knowles Suit Over Blind-Inaccessible Website
ANNA JACQUES: Fails to Prevent Data Breach, Sewell Alleges
ANNA JAQUES HOSPITAL: Bates Sues Over Failure to Secure PII & PHI
ANTADI LLC: Schwartz Files Suit in S.D. New York
APPLE INC: Kapil Sues Over Sale of Spoofed Apps in App Store
BLUESCOPE BUILDINGS: Removes Dugan Suit to E.D. Calif.
BOB'S DISCOUNT FURNITURE: Barrera Suit Removed to C.D. California
CENTER FOR VEIN: Knott Sues Over Compromised Customers' Info
CITY CLUB HOTEL: Hilbert Sues Over Blind-Inaccessible Website
COLORADO TECHNICAL: Avedisian Files TCPA Suit in S.D. Florida
COMENITY BANK: Bougeno TCPA Suit Removed to E.D. Missouri
CONNECTONCALL.COM LLC: Fails to Prevent Data Breach, Dennis Says
CONNECTONCALL.COM: Blevins Sues Over Failure to Safeguard PII & PHI
DATANYZE LLC: Foley Sues Over Failure to Obtain Consent
DEAN METROPOULOS: Porter Files Suit in Del. Chancery Ct.
DENTSPLY SIRONA: Calvin Sues Over Drop in Share Price
DENTSPLY SIRONA: Key West Sues Over Drop in Share Price
DR. EMIL NUTRITION: Knowles Sues Over Blind-Inaccessible Website
DRAFTKINGS INC: Avila Sues Over Deceptive Acts
DUKE ENERGY: Fails to Prevent Data Breach, Davidson Alleges
EK SAMKLE: Property Inaccessible to Disabled People, Pardo Says
GOODRX INC: Sued Over Generic Prescription Medication Monopoly
HALL MANAGEMENT CORP: Mendez Files Suit in Cal. Super. Ct.
HEARX WEST: Romprey Suit Removed to S.D. California
HERSHEY COMPANY: Beekman Sues Over Failure to Disclose Fluorine
HORIZONTAL INTEGRATION: Fails to Prevent Data Breach, Devine Says
INSUREFARM INC: Faces Salaiz Suit Over Unsolicited Text Messages
INVICTUS PROTECTION: Martin Suit Seeks Security Guards' Unpaid OT
LAKEFRONT MANAGEMENT: Hardy Sues Over ADA Violation
LAZER SPOT INC: Jensen Suit Removed to C.D. California
LEGACY PROFESSIONALS: Johnson Sues Over Unprotected Personal Info
LEIDOS INC: Callis Suit Transferred to E.D. Virginia
LEIDOS INC: Removes Veneracion Suit to S.D. Calif.
LINKEDIN CORPORATION: V.R. Sues Over Unlawful Interception
MANCO ABBOTT: Gutierrez Files Suit in Cal. Super. Ct.
MARK MALONE: Bell Sues to Recover Unpaid Overtime Wages
MONDELEZ INTERNATIONAL: Blanco Sues Over Misleading Statements
NEW DIRECTION SOLUTIONS: Girn Suit Removed to E.D. California
NEW JERSEY: Sued Over Uniform Unclaimed Property Act Violation
NYU LANGONE: Fails to Pay Proper Wages, Barkley Alleges
ORTHOPEDICSNY LLP: Buckowski Files Suit in N.D. New York
PETSMART LLC: Oaks Suit Removed to D. New Jersey
PHREESIA: Fails to Prevent Data Breach, Weeks Alleges
POSITEC TOOL: Figueroa Files Suit in S.D. Florida
PVH CORP: Graciano-Martinez Suit Removed to C.D. California
RECEIVABLES MANAGEMENT: Singer Files FDCPA Suit in E.D. New York
REGIONAL CARE INC: Reznor Files Suit in D. Nebraska
ROCKY MOUNTAIN: White Files Suit in D. Colorado
SERVICESOURCE INC: Fails to Pay Proper Wages, Bethel Alleges
STAR MASONARY: Faces Herrera Wage-and-Hour Suit in E.D.N.Y.
STEEL COOP: Boyer Sues Over Unlawful Employment Practices
TRANSUNION RISK: Artigliere Files Suit in N.D. Illinois
TRINITY UNIVERSAL: Fails to Protect Clients' Info, Henry Says
TRINITY UNIVERSAL: Harrah Files Suit in W.D. Missouri
UNITED STATES: Faces Class Suit Over Violation of First Step Act
UNSHAKABLE BUILDERS: Ainsley Sues Over Unfair Business Practices
VESYNC CORPORATION: Crumwell Sues Over Blind-Inaccessible Website
VISA INC: Fletcher Suit Transferred to S.D. New York
WTS INTERNATIONAL: Hernandez Sues to Recover Unpaid Wages
*********
3M COMPANY: Marto Sues Over Highly Toxic Chemicals
--------------------------------------------------
Joseph Marto, and others similarly situated v. 3M COMPANY f/k/a
MINNESOTA MINING & MANUFACTURING CO.; BUCKEYE FIRE EQUIPMENT CO.;
CHEMGUARD, INC.; CORTEVA, INC.; DUPONT DE NEMOURS, INC.; DYNAX
CORPORATION; E.I. DUPONT DE NEMOURS & CO.; KIDDE-FENWAL, INC.;
KIDDE FIRE FIGHTING, INC.; KIDDE PLC, INC.; NATIONAL FOAM, INC.;
THE CHEMOURS CO.; THE CHEMOURS COMPANY FC, LLC; TYCO PRODUCTS, LP;
UTC FIRE & SECURITY AMERICAS, INC; and DOES 1 to 100, INCLUSIVE;
Case No. 1:24-cv-13176 (N.D. Ill., Dec. 23, 2024), is brought
involving highly toxic chemicals which have earned the designation
"forever chemicals" because they do not breakdown and their
insidious nature allows them to travel through soil and into
groundwater while maintaining their deadly nature for decades.
This action deals with Aqueous Film Forming Foams ("AFFF") that
were designed, manufactured and sold as firefighting compounds.
AFFF compounding includes Perfluoro octane Sulfonate (commonly
known as "PFOS"), Perfluorooctanoic Acid (commonly known as
"PFOA"), and/or other Per-and Polyfluoroalkyl substances (together,
with PFOS and PFOA, commonly known as "PFAS") which are manmade
organofluorine compounds (in this case commonly referred to as
fluorinated surfactants/fluorocarbon surfactants). The compounds
are designed to lower the surface tension of water to create a
firefighting foam to quell/smother, for example, jet fuel fires.
AFFF is created by mixing fluorine-free hydrocarbon foaming
substances (chemical agents designed for a particular purpose) with
fluorinated surfactants and mixing that with water which creates an
aqueous film, i.e.: Aqueous Film Forming Foams ("AFFF"). The
manufacturing processes involved in this action are asserted to
have used fluorocarbon surfactants which are believed to include
PFOS and PFOA (and/or other per fluorinated compounds known as
"PFC"' are also believed to be in the mix. PFCs are posited to
break down in PFOS and PFOA). Plaintiff was a firefighter in
Illinois for over ten years.
In or about 2023, the Plaintiff was diagnosed with prostate cancer
and commenced on-going medical treatment, including surgical
intervention. As known by Defendants, prostate cancer is a disease
linked to PFAS contamination. See, for example, C8 Science Panel
Report. The Plaintiff did not discover that PFAS was a cause of the
harm until the second half of 2023, when he saw information about
PFAS causing cancer on an advertisement, says the complaint.
The Plaintiff used PFOS, PFOA and/or other PFCs as a part of his
work as a firefighter and suffers from prostate cancer, requiring
radiation treatment and surgery.
3M Company f/k/a the Minnesota Mining & Manufacturing Company is a
Delaware corporation with its principal place of business being
located in St. Paul, Minnesota..[BN]
The Plaintiff is represented by:
Brian LaCien, Esq.
Andrew W. Mason, Esq.
SMITH LACIEN, LLP
70 W. Madison Street, Suite 2250
Chicago, IL 60602
Phone: 312-509-8900
Email: blacien@smithlacien.com
amason@smithlacien.com
ABSOLUTE HEALTH AGENTS: Salaiz Files TCPA Suit in W.D. Texas
------------------------------------------------------------
A class action lawsuit has been filed against Absolute Health
Agents LLC. The case is styled as Erik Salaiz, on behalf of himself
and all others similarly situated v. Absolute Health Agents LLC,
Dave Green, Jane/John Doe, Case No. 3:24-cv-00392-KC (W.D. Tex.,
Oct. 23, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Absolute Health Agents -- https://www.absolutehealthagents.com/ --
is a trusted provider of affordable health insurance in West Palm
Beach, FL, offering a wide range of individual and family plans
that cater to specific needs and budgets.[BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM
10921 Pellicano Dr #100
El Paso, TX 79935
Phone: (915) 671-2221
Email: omar@darwichlegal.com
ALLIANCE PHARMA: Faces Knowles Suit Over Blind-Inaccessible Website
-------------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all others similarly
situated, Plaintiff v. ALLIANCE PHARMA INC., Defendant, Case No.
1:24-cv-09864 (S.D.N.Y., December 20, 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://amberen.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, empty links that contain no
text, redundant links, and linked images missing alt-text.
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.
Alliance Pharma Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, 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: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
ANNA JACQUES: Fails to Prevent Data Breach, Sewell Alleges
----------------------------------------------------------
ANGELA SEWELL, individually and on behalf of all others similarly
situated, Plaintiff v. ANNA JACQUES HOSPITAL, Defendant, Case No.
2477cv01329 (Comm. Mass., Dec. 19, 2024) is an action against the
Defendant for its failure to properly secure and safeguard
sensitive information of its customers.
According to the complaint, the Data Breach was a direct result of
the Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
consumers' personally identifiable information or "PII", from a
foreseeable and preventable cyber-attack.
The Plaintiff's and Class Members' identities are now at risk
because of Defendant's negligent conduct because the PII that
Defendant collected and maintained has been accessed and acquired
by data thieves.
Anna Jaques Hospital operates as a non-profit medical and surgical
hospital. The Hospital offers emergency care, women's health
services, cardiology, orthopedic, and oncology services. [BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLILPS
GROSSMAN PLLC
100 Garden City Plaza
Garden City, NY 11530
Telephone: (516) 741-5600
Email: rkassan@milberg.com
ANNA JAQUES HOSPITAL: Bates Sues Over Failure to Secure PII & PHI
-----------------------------------------------------------------
Emily Jane Bates, on behalf of herself and all others similarly
situated v. ANNA JAQUES HOSPITAL and BETH ISRAEL LAHEY HEALTH,
INC., Case No. 1:24-cv-13181 (D. Mass., Dec. 24, 2024), is brought
against Defendants for their failure to properly secure and
safeguard Plaintiff's and other similarly situated patients of
Defendants' personally identifiable information ("PII") and
protected health information ("PHI"), including their "demographic
information, medical information, health insurance information,
Social Security number, driver's license number, financial
information, and other personal or health information" (the
"Private Information"), from criminal hackers.
On December 5, 2024, Defendants filed official notice of a hacking
incident with the Office of the Maine Attorney General. Under state
and federal law, organizations must report breaches involving PHI
within at least 60 days. On December 5, 2024, Defendants also sent
out data breach letters (the "Notice") to individuals whose
information was compromised as a result of the hacking incident.
Based on the Notice sent to Plaintiff and "Class Members", unusual
activity was detected on some of their computer systems. In
response, Defendant launched an investigation. Defendants'
investigation revealed that an unauthorized party had access to
certain files that contained sensitive patient information, and
that such access took place on December 25, 2023 (the "Data
Breach"). Yet, Defendants waited almost a full year to notify the
public that they were at risk.
As a result of this delayed response, Plaintiff and Class Members
had no idea for almost twelve months that their Private Information
had been compromised, and that they were, and continue to be, at
significant risk of identity theft and various other forms of
personal, social, and financial harm. The risk will remain for
their respective lifetimes.
The Plaintiff brings this class action lawsuit to address
Defendants' inadequate safeguarding of Class Members' Private
Information that they collected and maintained, and their failure
to provide timely and adequate notice to Plaintiff and Class
Members of the types of information that were accessed, and that
such information was subject to unauthorized access by
cybercriminals, says the complaint.
The Plaintiff relied on Defendants to keep their Private
Information confidential and securely maintained.
Beth Israel Lahey Health, Inc. is a Massachusetts-based health care
system consisting of fifteen hospitals and specialty clinics that
employs more than 4,700 physicians and 39,000 employees.[BN]
The Plaintiff is represented by:
Christina Xenides, Esq.
Tyler J. Bean, Esq.
Sonjay C. Singh, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Email: cxenides@sirillp.com
tbean@sirillp.com
ssingh@sirillp.com
ANTADI LLC: Schwartz Files Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against Antadi LLC. The case
is styled as Jeffrey Schwartz, individually and on behalf of all
others similarly situated v. Antadi LLC, Case No. 1:24-cv-09898
(S.D.N.Y., Dec. 23, 2024).
The nature of suit is stated as Other Fraud.
ANTADI -- https://antadi.com/ -- is focused on small household
electrical appliances.[BN]
The Plaintiff is represented by:
Alec M. Leslie, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Email: aleslie@bursor.com
APPLE INC: Kapil Sues Over Sale of Spoofed Apps in App Store
------------------------------------------------------------
SANDEEP KAPIL, GABRIELA GOMEZ and KIM SALLEN, on behalf of
themselves and all others similarly situated, Plaintiffs v. APPLE,
INC., Defendant, Case No. 5:24-cv-09304-VKD (N.D. Cal., December
20, 2024) is a class action against the Defendant for violations of
California's Unfair Competition Law and California's Consumers
Legal Remedies Act.
The case arises from the Defendant's alleged false, deceptive, and
misleading advertising, representation, and marketing of its App
Store programs. The Defendant represented its App Store as a safe
and trusted place to download programs. The Plaintiffs and Class
members downloaded the Digicoins, SolLuna, and Forex5 applications
from App Store. However, unknown to them, these are spoofing
programs created for the sole purpose of stealing fiat and
cryptocurrency by obtaining consumers' account information and
thereafter routing Class members' assets to the perpetrators'
personal accounts. As a result of the Defendant's unlawful conduct,
the Plaintiffs and the Class suffered damages, says the suit.
Apple, Inc. is a technology company with its principal place of
business in Cupertino, California. [BN]
The Plaintiffs are represented by:
Timothy G. Blood, Esq.
Leslie E. Hurst, Esq.
Thomas J. O'Reardon, II, Esq.
Adam M. Bucci, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
Facsimile: (619) 338-1101
Email: tblood@bholaw.com
lhurst@bholaw.com
toreardon@bholaw.com
abucci@bholaw.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 W. Randolph Street, #1630
Chicago, IL 60606
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
Email: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
BLUESCOPE BUILDINGS: Removes Dugan Suit to E.D. Calif.
------------------------------------------------------
The Defendant in the case of CALVIN DUGAN, individually and on
behalf of all others similarly situated, Plaintiff v. BLUESCOPE
BUILDINGS NORTH AMERICA, INC.; and DOES 1 through 10, inclusive,
Defendants, filed a notice to remove the lawsuit from the Superior
Court of the State of California, County of Tulare (Case No.
VCU315086) to the U.S. District Court for the Eastern District of
California on Dec. 18, 2024. The clerk of court for the Eastern
District of California assigned Case No. 1:24-cv-01560-EPG. The
case is assigned to Judge Erica P. Grosjean.
BlueScope Buildings North America, Inc. operates as a building sub
contractor. The Company provides designing, manufacturing, and
marketing of metal building systems for commercial construction.
[BN]
The Defendants are represented by:
Todd L. Nunn, Esq.
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: (415) 882-8200
Facsimile: (415) 882-8220
Email: todd.nunn@klgates.com
- and -
Cassidy T. Young, Esq.
K&L GATES LLP
10100 Santa Monica Boulevard, Eighth Floor
Los Angeles, CA 90067
Telephone: (310) 552-5000
Facsimile: (310) 552-5001
Email: cassidy.young@klgates.com
BOB'S DISCOUNT FURNITURE: Barrera Suit Removed to C.D. California
-----------------------------------------------------------------
The case is styled as Julio J. Cuellar Barrera, individually and on
behalf of all others similarly situated v. Bob's Discount
Furniture, LLC, Case No. 24STCV25674 was removed from the Los
Angeles Superior Court, to the U.S. District Court for the Central
District of California on Dec. 24, 2024.
The District Court Clerk assigned Case No. 2:24-cv-11077 to the
proceeding.
The nature of suit is stated Other P.I. for Personal Injury.
Bob's Discount Furniture -- https://www.mybobs.com/ -- is an
American furniture store chain headquartered in Manchester,
Connecticut.[BN]
The Plaintiff appears pro se.
CENTER FOR VEIN: Knott Sues Over Compromised Customers' Info
------------------------------------------------------------
PATRICIA KNOTT, individually and on behalf of all others similarly
situated, Plaintiff v. CENTER FOR VEIN RESTORATION (MD), LLC,
Defendant, Case No. 8:24-cv-03707-PX (D. Md., December 20, 2024) is
a class action against the Defendant for negligence, breach of
implied contract, breach of fiduciary duty, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and the protected
health information of the Plaintiff and similarly situated clients
stored within its information systems following a data breach
identified on December 5, 2024. The Defendant also failed to timely
notify the Plaintiff and similarly situated individuals about the
data breach. As a result, the private information of the Plaintiff
and Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties.
Center For Vein Restoration (MD), LLC is a medical provider
specializing in treating vein diseases, with its principal place of
business in Maryland. [BN]
The Plaintiff is represented by:
Duane O. King, Esq.
THE LAW OFFICES OF DUANE O. KING
803 W. Broad St., Suite 210
Falls Church, VA 22046
Telephone: (202) 331-1963
Facsimile: (202) 449-8365
Email: dking@dkinglaw.com
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
Email: lmontgomery@eksm.com
CITY CLUB HOTEL: Hilbert Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Laurel Hilbert, on behalf of himself and all others similarly
situated v. City Club Hotel LLC, Case No. 1:24-cv-09925 (S.D.N.Y.,
Dec. 24, 2024), is brought against Defendant for its failure to
design, construct, maintain, update and operate its website and/or
mobile application platforms (hereinafter "Website") to be fully
accessible to and independently usable by Plaintiff and other blind
or visually impaired people.
The Defendant's denial of full and equal access to its Website and
therefore denial of its goods and services offered thereby is a
violation of Plaintiff's rights under Title III of the Americans
with Disabilities Act ("ADA"), the New York State Human Rights Law
("NYSHRL"), and the New York City Human Rights Law ("NYCHRL").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, they violate the ADA, the NYSHRL, and
the NYCHRL. Plaintiff seeks a permanent injunction, actual and
liquidated damages, and reasonable attorneys' fees and costs to
cause a change in Defendant's corporate policies, practices, and
procedures so that Defendant's Website will become and remain
accessible to blind and visually impaired consumers, says the
complaint.
The Plaintiff is a blind, visually-impaired handicapped person.
The Defendant owns and administers https://www.cityclubhotel.com
and its goods and services online and has offered them to the
general public through its Website.[BN]
The Plaintiff is represented by:
Eric L. Siegel, Esq.
ERIC SIEGEL LAW, PLLC
888 17th Street, N.W., Suite 1200
Washington, D.C. 20006
Phone: (771) 220-6116
Facsimile: (202) 223-6625
Email: esiegel@ericsiegellaw.com
COLORADO TECHNICAL: Avedisian Files TCPA Suit in S.D. Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Colorado Technical
University Inc. The case is styled as Virginia Avedisian,
individually and on behalf of all others similarly situated v.
Colorado Technical University Inc., Case No. 0:24-cv-61982-XXXX
(S.D. Fla., Oct. 23, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Colorado Technical University -- https://www.coloradotech.edu/ --
is a private for-profit university with its main campus in Colorado
Springs, Colorado.[BN]
The Plaintiff is represented by:
Faaris Kamal Uddin, Esq.
Gerald Donald Lane, Jr., Esq.
Zane Charles Hedaya, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: faaris@jibraellaw.com
gerald@jibraellaw.com
zane@jibraellaw.com
COMENITY BANK: Bougeno TCPA Suit Removed to E.D. Missouri
---------------------------------------------------------
The case is styled as Dawn Bougeno, individually and on behalf of
all other similarly situated v. Comenity Bank, Comenity Capital
Bank, Bread Financial, Credit Control, LLC, Case No. 24JE-CC01144
was removed from the Circuit Court of Jefferson County, MO, to the
U.S. District Court for the Eastern District of Missouri on Dec.
23, 2024.
The District Court Clerk assigned Case No. 4:24-cv-01713 to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Comenity Bank -- http://www.comenity.net/comenitycard-- is a
financial services company offering credit cards, personal loans,
"buy now, pay later" plans, high-yield savings accounts and
certificates of deposit.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Ryli Wallace Leader, Esq.
BURR AND FORMAN LLP - Birmingham
420 N. 20th Street
3400 Wachovia Tower
Birmingham, AL 35203
Phone: (205) 251-3000
Fax: (205) 244-5622
Email: rleader@burr.com
CONNECTONCALL.COM LLC: Fails to Prevent Data Breach, Dennis Says
----------------------------------------------------------------
JAMES DENNIS, individually and on behalf of all others similarly
situated, Plaintiff v. CONNECTONCALL.COM, LLC; and PHREESIA, INC.,
Defendants, Case No. 2:24-cv-08736-SIL (E.D.N.Y., Dec. 20, 2024) is
an action against the Defendants for failure to properly secure and
safeguard individuals' highly valuable personally identifiable
information and protected health information including, inter alia,
individuals' names, phone numbers, medical record numbers, dates of
birth, information related to health conditions, treatments, and
prescriptions, and Social Security numbers.
The Plaintiff alleges in the complaint that despite the Defendants'
duty to safeguard the PII and PHI with which they were entrusted,
and the foreseeability of a data breach, the Plaintiff's and Class
Members' sensitive information stored by Defendants was accessed
and acquired by unauthorized third parties during a data breach
that occurred on or around February 16 and May 12, 2024 (the "Data
Breach"). The Data Breach resulted in the unauthorized access of
the PII and PHI of nearly one million individuals.
As a direct and proximate result of Defendants' failure to
implement and follow basic, standard security procedures,
Plaintiff's and Class Members' PII and PHI have been compromised by
cybercriminals, alleges the suit.
Plaintiff and Class Members are now at a significantly increased
and certainly impending risk of fraud, identity theft,
misappropriation of health insurance benefits, intrusion of their
health privacy, and similar forms of criminal mischief—risks
which may last for the rest of their lives.
ConnectOnCall.com, LLC is a subsidiary of Phreesia, a healthcare
software company based out of Wilmington, Delaware. ConnectOnCall
is a digital answering system designed to enhance healthcare
providers' communication with their patients. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Lynch Carpenter LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Email: gary@lcllp.com
CONNECTONCALL.COM: Blevins Sues Over Failure to Safeguard PII & PHI
-------------------------------------------------------------------
Yochia Blevins, individually and on behalf of a class of similarly
situated individuals v. CONNECTONCALL.COM, LLC and PHREESIA, INC.,
Case No. 2:24-cv-08790 (E.D.N.Y., Dec. 24, 2024), is brought
against Defendants to seek recovery on behalf of herself and
914,138 similarly situated people (the "Class" or "Class
Members,"), based upon Defendants' failure to properly secure and
safeguard the personally identifiable information ("PII") and
personal health information ("PHI") (collectively "Private
Information") of individuals receiving Defendants' services.
Specifically, upon information and belief, Defendants failed to
properly protect Plaintiff's and Class Members' names, phone
numbers, and information related to their health conditions,
treatments, or prescriptions. On information and belief, some Class
Members' Social Security numbers were also accessed.
On May 12, 2024, Defendant Phreesia learned of a service disruption
on ConnectOnCall, a product offered by Defendant ConnectOnCall.com,
LLC, a subsidiary Phreesia acquired in October 2023. An
investigation conducted by Phreesia revealed that between February
16, 2024, and May 12, 2024, an unauthorized actor infiltrated and
accessed the inadequately protected computer systems of Defendants
(the "Data Breach"). This unauthorized actor was able to access and
view the Private Information that was stored on Defendants'
computer systems. Defendants did not detect the activity until May
12, 2024, almost three months after the unauthorized actor had
breached Defendants' systems.
On December 11, 2024, Defendants finally reported the Data Breach
to the United States Department of Health and Human Services,
Office for Civil Rights, stating that 914,138 individuals have been
affected. Defendants waited seven months after it detected the Data
Breach to belatedly notify the public of the hacking incident.
The large and preventable Data Breach occurred because of
Defendants' failure to implement adequate and reasonable
cyber-security measures to ensure its computer systems were
protected. Because Defendants' data security protocols and
practices were deficient, unauthorized actors were able to access,
acquire, appropriate, encumber, exfiltrate, steal, use, and/or view
Plaintiff's and Class Members' Private Information.
The Defendants failed to properly safeguard Plaintiff's and Class
Members' Private Information. Defendants' negligence has caused
over 900,000 Class Members harm and has placed them at a
substantially increased risk of identity fraud, which will
negatively impact them for years, says the complaint.
The Plaintiff received a Notice of Data Breach from Defendants.
The Defendants provide healthcare related services, including
patient provider communications solutions, to a variety of
healthcare organizations and providers located across the
country.[BN]
The Plaintiff is represented by:
Lori G. Feldman, Esq.
GEORGE FELDMAN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Phone: (917) 983-9321
Email: elfeldman@4-justice.com
eservice@4-justice.com
DATANYZE LLC: Foley Sues Over Failure to Obtain Consent
-------------------------------------------------------
Michaela Foley, Cornelius Lewis, Robert Burgy, John Soots, and
James Hurd, individually and as the representatives of classes of
similarly-situated persons v. DATANYZE, LLC, a Delaware limited
liability company, Case No. 4:24-cv-07396-YGR (N.D. Cal., Oct. 23,
2024), is brought under the Nevada Right of Publicity Statute
("NRPS"); Indiana Publicity Code; and the Alabama Right of
Publicity Act ("ARPA"), seeking statutory damages, an injunction,
and other relief for violations of their right of publicity, as
protected by statutes in the following states: California, Nevada,
Indiana, and Alabama.
Each of the aforementioned states prohibits the use of an
individual's name and other personal identifying information for
commercial purposes without first obtaining consent, written or
otherwise.
The Plaintiffs and the Classes have no relationship with Datanyze.
More importantly, Plaintiffs and the Classes never provided
Datanyze with consent to use their identity to advertise
subscriptions to its platform.
Despite failing to obtain consent from Plaintiffs and the Classes,
Datanyze nevertheless utilized their personal identifying
information for the purpose of enticing users of its platform to
enter into paid subscriptions for additional access to profiles
contained in the platform. In other words, Datanyze used
Plaintiffs' and other Class Members' identities for commercial
purposes without their permission in violation of the
aforementioned state laws., says the complaint.
The Plaintiffs are residents of California, Nevada, Indiana, and
Alabama.
Datanyze provides an internet-based business search platform for
sales and marketing professionals.[BN]
The Plaintiff is represented by:
S. Chandler Visher, Esq.
268 Bush Street #4500
San Francisco, CA 94194
Phone: (415) 901-0500
Facsimile: (415) 904-0504
Email: chandler@visherlaw.com
- and -
Brian J. Wanca, Esq.
Wallace C. Solberg, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Phone: (847) 368-1500
Facsimile: (847) 368-1501
Email: wsolberg@andersonwanca.com
DEAN METROPOULOS: Porter Files Suit in Del. Chancery Ct.
--------------------------------------------------------
A class action lawsuit has been filed against DEAN METROPOULOS, et
al. The case is styled as Dave Porter, on behalf of himself and all
similarly situated stockholders v. DEAN METROPOULOS, ALEC GORES,
RANDALL BORT, MICHAEL CRAMER, JOSEPH GATTO, GORES METROPOULOS
SPONSOR II, LLC, SANJAY BANKER, and FRANCIS DAVIDSON, Case No.
2024-1336 (Del. Chancery Ct., Dec. 23, 2024).
The case type is stated as "Breach of Fiduciary Duties."
Charles Dean Metropoulos is a Greek-American billionaire investor
and businessman.[BN]
The Plaintiff is represented by:
Tiffany Geyer Lydon, Esq.
ASHBY & GEDDES
PO Box 1150
Wilmington, DE 19899
Phone: (302) 654-1888
Email: tlydon@ashbygeddes.com
DENTSPLY SIRONA: Calvin Sues Over Drop in Share Price
-----------------------------------------------------
RICHARD CALVIN, individually and on behalf of all others similarly
situated, Plaintiff v. DENTSPLY SIRONA INC.; DONALD M. CASEY, JR.;
JOHN P. GROETELAARS; SIMON D. CAMPION; GLENN COLEMAN; and ANDREAS
G. FRANK, Defendants, Case No. 1:24-cv-09764 (S.D.N.Y., Dec. 18,
2024) is a federal securities class action on behalf of all persons
and entities that purchased Dentsply common stock between February
28, 2022, and November 6, 2024, inclusive (the "Class Period")
against Dentsply and certain of its officers and executives,
seeking to pursue remedies under the Securities Exchange Act of
1934 (the "Exchange Act").
According to the complaint, on December 31, 2020, Dentsply acquired
Byte, a direct-to-consumer ("DTC") aligner solution. Throughout the
Class Period, Dentsply touted the benefits of the Byte acquisition,
the positive integration of Byte aligners into the Company's
digital strategy, and the increasing demand for Byte
aligners—particularly in underserved populations.
Unbeknownst to investors, before and during the Class Period,
Dentsply targeted low-income people with underlying dental issues
that were ineligible for more traditional aligner treatment,
Dentsply sold Byte aligners to contraindicated patients, and
Dentsply knew that its Byte aligners were causing severe patient
injuries. Ultimately, Dentsply's Byte patient onboarding workflow
did not provide adequate assurance that contraindicated patients
did not enter treatment, and Dentsply materially overstated the
goodwill value of Byte.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
DENTSPLY SIRONA Inc. manufactures dental solutions. The Company
offers endodontics, implantology, dental lab, restorative,
orthodontics, imaging, instruments, and hygiene systems. [BN]
The Plaintiff is represented by:
Thomas L. Laughlin, IV, Esq.
Nicholas S. Bruno, Esq.
Matthew A. Peller, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
Email: tlaughlin@scott-scott.com
nbruno@scott-scott.com
mpeller@scott-scott.com
- and -
Brian J. Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 90067
Telephone: (310) 301-3335
Facsimile: (310) 388-0192
Email: brian@scott-scott.com
DENTSPLY SIRONA: Key West Sues Over Drop in Share Price
-------------------------------------------------------
KEY WEST POLICE & FIRE PENSION FUND, individually and on behalf of
all others similarly situated, Plaintiff v. DENTSPLY SIRONA INC.;
DONALD M. CASEY, JR.; JORGE M. GOMEZ; NEERAJ GUNSAGAR; SIMON D.
CAMPION; GLENN G. COLEMAN; and ANDREAS G. FRANK, Defendants, Case
No. 1:24-cv-09819 (S.D.N.Y., Dec. 19, 2024) is a securities class
action by the Plaintiff and all purchasers of Dentsply common stock
between May 6, 2021, and November 6, 2024, inclusive (the "Class
Period").
According to the complaint, on December 31, 2020, before the Class
Period began, Dentsply acquired Byte LLC ("Byte"), a
direct-to-consumer clear aligner company, for $1.04 billion. When
Dentsply announced the purchase of Byte on January 4, 2021, it
described Byte's business model as "built on doctor-directed care
that provides excellent outcomes for patients with mild to moderate
orthodontic needs." Thereafter, Byte operated as a subsidiary of
Dentsply.
Throughout the Class Period, Defendants represented to investors
that Byte was "very, very customer focused" and that customer
satisfaction scores were "high" and "improving." Defendants also
represented that Byte customers were overseen by an "expansive
nationwide network of independent licensed dentists and
orthodontists" to ensure compliance with the rules and regulations
pertaining to dentistry. Finally, the Company also claimed that a
"focused funnel" of targeted potential customers led to high rates
of conversion to paying customers.
These representations were materially false or misleading. In
truth, Byte aligners had been causing serious injuries to patients
since at least May 2021. Furthermore, Byte did not have a system in
place to report these injuries to the Food and Drug Administration
("FDA"), despite being required to do so within 30 days of learning
of them.
As a result of the Defendants' misrepresentations, the price of
Dentsply common stock declined by $6.72 per share, or more than 28
percent, from a closing price of $23.98 per share on November 6,
2024, to a closing price of $17.26 per share on November 7, 2024,
the suit alleges.
Dentsply Sirona Inc. manufactures dental solutions. The Company
offers endodontics, implantology, dental lab, restorative,
orthodontics, imaging, instruments, and hygiene systems. [BN]
The Plaintiff is represented by:
Hannah Ross, Esq.
Avi Josefson, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
Email: hannah@blbglaw.com
avi@blbglaw.com
scott.foglietta@blbglaw.com
- and -
Robert D. Klausner, Esq.
KLAUSNER, KAUFMAN, JENSEN
& LEVINSON
7080 Northwest 4th Street
Plantation, FL 33317
Telephone: (954) 916-1202
Facsimile: (954) 916-1232
Email: bob@robertdklausner.com
DR. EMIL NUTRITION: Knowles Sues Over Blind-Inaccessible Website
----------------------------------------------------------------
Carlton Knowles, on behalf of herself and all other persons
similarly situated v. DR. EMIL NUTRITION, LLC, Case No.
1:24-cv-09932 (S.D.N.Y., Dec. 24, 2024), is brought against the
Defendant for its failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://dremilnutrition.com/, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
DR. EMIL NUTRITION, LLC, operates the Dr. Emil Nutrition online
retail store, as well as the Dr. Emil Nutrition interactive Website
and advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
dana@gottlieb.legal
jeffrey@gottlieb.legal
DRAFTKINGS INC: Avila Sues Over Deceptive Acts
----------------------------------------------
Eric Avila, individually and on behalf of all others similarly
situated v. DRAFTKINGS, INC. and DK PLAYER RESERVE LLC, Case No.
1:24-cv-13165 (D. Mass., Dec. 23, 2024), is brought against the
Defendants to redress Defendants' deceptive acts and unconscionable
business practices.
To place bets, users will keep sums of money in their DraftKings
accounts, from which DraftKings will facilitate payouts from losers
to winners and take its own cut. Users' account balances can range
from a few dollars to hundreds or even many thousands of dollars.
This requires trust between users and DraftKings, as DraftKings
acts essentially as the fiduciary for vast amounts of user funds.
This lawsuit concerns DraftKings' violation of that trust. What
happens is DraftKings will lock users out of their accounts, citing
undisclosed violation of its terms of service. Hiding behind
unspecified "compliance" requirements, DraftKings then denies those
individuals the opportunity to withdraw their balances, telling
users they cannot withdraw the funds because their accounts are
closed. This results in a catch-22 for affected users: Users cannot
withdraw funds from their DraftKings account because DraftKings has
decided the users do not have a DraftKings account.
This practice by DraftKings has resulted in DraftKings' retaining
millions of dollars properly belonging to users. DraftKings'
conduct constitutes breaches of contract, unjust enrichment, and
violations of state consumer protection laws. Moreover, DraftKings'
conduct is fraudulent, plain and simple. DraftKings' conduct is
actionable under the laws of all states where DraftKings does
business, says the complaint.
The Plaintiff used the DraftKings platform from 2018 to August
2024.
DraftKings operates a popular sports betting application in at
least 45 states, including Texas.[BN]
The Plaintiff is represented by:
Kenneth D. Quat, Esq.
QUAT LAW OFFICES
373 Winch Street
Framingham MA 01701
Phone: 508-872-1261
Email: kquat@quatlaw.com
- and -
Curtis Waldo, Esq.
Benjamin Gubernick, Esq.
WALDO GUBERNICK LAW ADVOCATES, LLP
717 Texas Avenue, Ste. 1200
Houston, TX 77002
Phone: 346-394-8056
Email: Curtis@wglawllp.com
Ben@wglawllp.com
DUKE ENERGY: Fails to Prevent Data Breach, Davidson Alleges
-----------------------------------------------------------
SHANEL DAVIDSON, individually and on behalf of all others similarly
situated, Plaintiff v. DUKE ENERGY CORPORATION, Defendant, Case No.
3:24-cv-1113 (W.D.N.C., Dec 20, 2024) is a class action lawsuit on
behalf of all persons who entrusted Defendant with sensitive
Personally Identifiable Information "PII" or "Private Information")
that was impacted in a data breach that Defendant publicly
disclosed on December 12, 2024 (the "Data Breach" or the
"Breach").
The Plaintiff alleges in the complaint that as a result of
Defendant's inadequate digital security and notice process,
Plaintiff's and Class Members' Private Information was exposed to
criminals. The Plaintiff and the Class Members have suffered and
will continue to suffer injuries including: financial losses caused
by misuse of their Private Information; the loss or diminished
value of their Private Information as a result of the Data Breach;
lost time associated with detecting and preventing identity theft;
and theft of personal and financial information, says the suit.
Duke Energy Corporation is an energy company located primarily in
the Americas that owns an integrated network of energy assets. The
Company manages a portfolio of natural gas and electric supply,
delivery, and trading businesses in the United States and Latin
America. [BN]
The Plaintiff is represented by:
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 North Market Street
Asheville, NC 28801
Telephone: (828) 258-2991
Email: dwilkerson@vwlawfirm.com
- and -
Mark Svensson, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
Email: msvensson@zlk.com
EK SAMKLE: Property Inaccessible to Disabled People, Pardo Says
---------------------------------------------------------------
NIGEL FRANK DE LA TORRE PARDO, individually and on behalf of all
others similarly situated, Plaintiff v. EK SAMKLE 137TH AVENUE
HOMESTEAD, LLC, Defendant, Case No. 1:24-cv-25042-XXXX (S.D. Fla.,
Dec. 20, 2024) alleges violation of the Americans with Disabilities
Act.
The Plaintiff alleges in the complaint that the Defendant's
commercial property at 28600 SW 137th Avenue, Miami, Florida,
33033, is not accessible to mobility-impaired individuals in
violation of ADA.
EK Samkle 137th Avenue Homestead, LLC is in the business of
operating commercial properties in Miami, Florida. [BN]
The Plaintiff is represented by:
Beverly Virues, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Telephone: (305) 553-3464
Email: bvirues@lawgmp.com
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON
J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Telephone: (305) 350-3103
Email: rdiego@lawgmp.com
GOODRX INC: Sued Over Generic Prescription Medication Monopoly
--------------------------------------------------------------
CAAS, LLC d/b/a HARBOR PHARMACY, individually and on behalf of all
others similarly situated, Plaintiff v. GOODRX, INC.; GOODRX
HOLDINGS, INC.; CVS CAREMARK CORPORATION; EXPRESS SCRIPTS HOLDING
COMPANY; MEDIMPACT HEALTHCARE SYSTEMS, INC.; and NAVITUS HEALTH
SOLUTIONS LLC, Defendants, Case No. 2:24-cv-10899 (C.D. Cal., Dec.
18, 2024) alleges violation of the Sherman Act.
According to Plaintiff in the complaint, Pharmacy Benefit Managers
or "PBMs" are third party companies that function as intermediaries
between pharmaceutical manufacturers and third-party payors
("TPPs"), including health insurance providers. PBMs create
formularies, negotiate rebates (the discount paid from a
pharmaceutical manufacturer to a PBM), process claims, create
pharmacy networks, review drug utilization and occasionally manage
mail-order specialty pharmacies. Put simply, PBMs negotiate prices
that TPPs pay to pharmacies for drugs as well as work with the
pharmacies on reimbursement claims on those prices.
The Plaintiff alleges that the Defendants are engaged in illegal
agreement to suppress the prices paid by PBMs to independent
pharmacies for generic prescription medication.
The Plaintiff suffered economic harm occurred as a result of an
unlawful price-fixing scheme that deprived Plaintiff of competitive
rebate and generic prescription drug reimbursement rates.
GoodRx, Inc. provides drug price comparison and pharmacy
information services. The Company offers pricing information,
payment guidance, discount programs, alerts, and other related
services. [BN]
The Plaintiff is represented by:
Stephen G. Larson, Esq.
Paul A. Rigali, Esq.
Daniel R. Lahana, Esq.
LARSON LLP
555 S. Flower Street, 30th Floor
Los Angeles, CA 90071
Telephone: (213) 436-4888
Email: slarson@larsonllp.com
prigali@larsonllp.com
dlahana@larsonllp.com
- and -
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
Email: jnelson@milberg.com
HALL MANAGEMENT CORP: Mendez Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Hall Management Corp.
The case is styled as Josue Mendez and Ana Amparo, on behalf of
other persons similarly situated and the State of California v.
Hall Management Corp., Case No. BCV-24-104404 (Cal. Super. Ct.,
Kern Cty., Dec. 23, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Hall Management Corporation was founded in 2001. The Company's line
of business includes providing management services on a contract
and fee basis.[BN]
The Plaintiff is represented by:
Jeremy F. Bollinger, Esq.
MOSS BOLLINGER, LLP
15300 Ventura Blvd., Ste. 207
Sherman Oaks, CA 91403-5824
Phone: (310) 982-2984
Fax: (818) 963-5954
Email: jeremy@mossbollinger.com
HEARX WEST: Romprey Suit Removed to S.D. California
---------------------------------------------------
The case styled as Justin Romprey, on behalf of others similarly
situated v. HEARX WEST LLC D/B/A HEARUSA and DOES 1 through 50,
inclusive, Case No. 24CU02514C was removed from the Superior Court
of the State of California, County of San Diego, to the United
States District Court for the Southern District of California on
Dec. 23, 2024, and assigned Case No. 3:24-cv-02438-AJB-BJC.
On or about November 26, 2024, Plaintiff commenced the State Court
Action, alleging causes of action on a class basis for Minimum Wage
Violations; Failure to Pay All Overtime Wages; Meal Period
Violations; Rest Period Violations; Paid Sick Leave Violations;
Unpaid Vacation Wages; Untimely Payment of Wages; Wage Statement
Violations; Waiting Time Penalties; Failure to Reimburse Business
Expenses; and Unfair Competition. In the Complaint, Plaintiff seeks
compensatory damages, including unpaid wages and pre judgment
interest.[BN]
The Defendants are represented by:
Yuri Mikulka, Esq.
Martha S. Doty, Esq.
Kaitlin H. Owen, Esq.
ALSTON & BIRD LLP
350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071
Phone: 213-576-1000
Facsimile: 213-576-1100
Email: yuri.mikulka@alston.com
martha.doty@alston.com
kaitlin.owen@alston.com
HERSHEY COMPANY: Beekman Sues Over Failure to Disclose Fluorine
---------------------------------------------------------------
Bernadette Beekman, individually and on behalf of all others
similarly situated v. THE HERSHEY COMPANY, Case No.
1:24-cv-02234-CCC (M.D. Pa., Dec. 24, 2024), is brought against the
Defendant for its failure to disclose the use and presence of
organic fluorine and/or per- and polyfluoroalkyl substances
("PFAS") in the packaging of several of its chocolate products
(collectively, the "Products").
PFAS compounds, colloquially known as "forever chemicals" for their
inability to decompose over time, are known dangers to the human
body and are known to cause serious health issues to those who
inadvertently consume them. Scientists have established that PFAS
can migrate from food packaging through contact with the food
itself. Plaintiff would not have purchased or would not have paid
premium prices for the Products if the truth had been disclosed
about potential PFAS contamination on the wrappers for and/or in
the Products.
The Plaintiff seeks injunctive and monetary relief on behalf of a
putative Nationwide Class and New York Subclass including, but not
limited to, requiring Defendant to disclose PFAS on wrappers for
and/or in the Products, and recompensing members of the proposed
Classes. Plaintiff alleges the following based upon personal
knowledge, investigation by her counsel, and upon information and
belief, says the complaint.
The Plaintiff has purchased Defendant's Products.
Hershey is a renowned American chocolate company that is considered
one of the World's Most Trusted Companies, ranking third in the
food and beverage industry, and accordingly has built a strong
reputation with consumers with the sale of its chocolate
Products.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ, MONGELUZZI, & BENDESKY, P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
Phone: (215) 575-3986
Email: phoward@smbb.com
- and -
Catherine K. Smith, Esq.
Shashi K. Gowda, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Phone: (612) 333-8844
Facsimile: (612) 339-6622
Email: csmith@gustafsongluek.com
sgowda@gustafsongluek.com
- and -
Janine L. Pollack, Esq.
GEORGE FELDMAN MCDONALD, PLLC
745 5th Avenue, Suite 500
New York, NY 10151
Phone: (917) 983-2707
Email: jpollack@4-justice.com
eservice@4-justice.com
- and -
Lori G. Feldman, Esq.
GEORGE FELDMAN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Phone: (917) 983-9321
Email: lfeldman@4-justice.com
eservice@4-justice.com
- and -
Rebecca A. Peterson, Esq.
GEORGE FELDMAN MCDONALD, PLLC
1650 W. 82nd St., Suite 880
Bloomington, MN 55431
Phone: (612) 778-9595
Email: rpeterson@4-justice.com
eservice@4-justice.com
- and -
David J. George, Esq.
Brittany L. Sackrin, Esq.
GEORGE FELDMAN MCDONALD, PLLC
9897 Lake Worth Road, Suite #302
Lake Worth Corridor, FL
Phone: (561) 232-6002
Email: dgeorge@4-justice.com
bsackrin@4-justice.com
eservice@4-justice.com
- and -
Timothy J. Peter, Esq.
FARUQI & FARUQI, LLP
1617 JFK Boulevard, Suite 1550
Philadelphia, PA 19103
Phone: (212) 277-5770
Email: tpeter@faruqilaw.com
HORIZONTAL INTEGRATION: Fails to Prevent Data Breach, Devine Says
-----------------------------------------------------------------
ROBERT DEVINE, individually and on behalf of all others similarly
situated, Plaintiff v. HORIZONTAL INTEGRATION, INC., d/b/a
HORIZONTAL DIGITAL; and HORIZONTAL TALENT, Defendants, Case No.
0:24-cv-04555 (D. Minn., Dec. 20, 2024) is an action against the
Defendant for its failure to properly secure and safeguard
sensitive information of its customers.
According to the Plaintiff in the complaint, the cybercriminals
were able to breach Defendant's systems because Defendant failed to
adequately train its employees on cybersecurity and failed to
maintain reasonable security safeguards or protocols to protect the
Class's PII/PHI. In short, the Defendant's failures placed the
Class's private information in a vulnerable position—rendering
them easy targets for cybercriminals, says the suit.
Horizontal Integration, Inc. is a Minnesota-based corporation that
specializes in digital marketing and professional staffing
services, collecting information from consumers across the country.
[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
Brittany Resch, Esq.
Samuel J. Strauss, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email raina@straussborrelli.com
bresch@straussborrelli.com
sam@straussborrelli.com
INSUREFARM INC: Faces Salaiz Suit Over Unsolicited Text Messages
----------------------------------------------------------------
A class action lawsuit has been filed against InsureFarm Inc., et
al. The case is captioned as ERIK SALAIZ, individually and on
behalf of all others similarly situated v. INSUREFARM INC., et al.,
Case No. 3:24-cv-00390-KC (W.D. Tex., October 22, 2024).
The class action complaint is brought against the Defendant for
alleged violation of the Telephone Consumer Protection Act.
InsureFarm Inc. is an insurance agency headquartered in Florida.
[BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM
300 Weatherstone Dr., #190
Wadsworth, OH 44281
Telephone: (330) 333-0773
Facsimile: (915) 996-9915
Email: omar@darwichlegal.com
INVICTUS PROTECTION: Martin Suit Seeks Security Guards' Unpaid OT
-----------------------------------------------------------------
EVAN MARTIN, individually and on behalf of all others similarly
situated, Plaintiff v. INVICTUS PROTECTION AGENCY LLC, Defendant,
Case No. 1:24-cv-02121-CL (D. Ore., December 20, 2024) is a class
action against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act and Oregon State Wage and
Hour Laws.
The Plaintiff worked for the Defendant as a security guard within
the last three years and during the statutory period.
Invictus Protection Agency LLC is a provider of security services
based in Oregon. [BN]
The Plaintiff is represented by:
Ashley A. Marton, Esq.
Rebecca Cambreleng, Esq.
CAMBRELENG & MARTON LLC
3518 S. Corbett Avenue
Portland, OR 97239
Telephone: (503) 477-4899
Email: ashley@workplacelawpdx.com
rebecca@workplacelawpdx.com
- and -
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Ste. 700
Dallas, TX 75201
Telephone: (214) 210-2100
Email: cqualls@foresterhaynie.com
LAKEFRONT MANAGEMENT: Hardy Sues Over ADA Violation
---------------------------------------------------
Thaddeus Hardy, an individual and others similarly situated v.
LAKEFRONT MANAGEMENT AUTHORITY, as the public entity responsible
for the New Orleans Lakefront Airport and LOUIS J. CAPO in his
official Capacity as Executive Director of Lakefront Management
Authority, Case No. 2:24-cv-02932-BWA-MBN (E.D. La., Dec. 23,
2024), is brought pursuant to Title II of the Americans with
Disabilities Act ("Americans with Disabilities Act" or "ADA") and
Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation
Act"),
The Defendants is the political entity responsible for owning,
administering, operating, and/or maintaining the New Orleans
Lakefront Airport. The Plaintiff has visited the Property in the
past. The Plaintiff has encountered architectural barriers while
attempting to navigate the Property in his wheelchair. The
Plaintiff has been to the Property to go on a helicopter tour. The
Plaintiff was able to get through the front of the airport
entrance, but when it was time to get on the helicopter the
Plaintiff learned there was no ramp to get from the terminal to the
hangar. In order to get to the hangar, the Plaintiff had to go back
out the front entrance to the airport, down a block and a half and
through a fence to get to the right hangar.
The Defendants have discriminated, and are continuing to
discriminate, against the Plaintiff in violation of the ADA by
excluding and/or denying him the benefits of its services,
programs, and activities. The Plaintiff's visit to the Property
shows that the Property, when viewed in its entirety, is not
accessible. These physical barriers to access include, but are not
limited to: There is no accessible route from the airport terminal
to the hangars; and Other mobility-related ADA barriers to be
identified following a complete inspection, says the complaint.
The Plaintiff has paraplegia because of a spinal cord injury.
LAKEFRONT constitutes the political entity which owns and operates
the New Orleans Lakefront Airport.[BN]
The Plaintiff is represented by:
Garret S. DeReus, Esq.
Andrew D. Bizer, Esq.
Eva M. Kalikoff, Esq.
BIZER & DEREUS, LLC
3319 St. Claude Ave.
New Orleans, LA 70117
Phone: 504-619-9999
Fax: 504-948-9996
Email: andrew@bizerlaw.com
gdereus@bizerlaw.com
eva@bizerlaw.com
LAZER SPOT INC: Jensen Suit Removed to C.D. California
------------------------------------------------------
The case styled as Michael Allen Jensen, on behalf of himself and
all other non-exempt hourly employees, and the general public v.
LAZER SPOT, INC., a Georgia Corporation; and DOES 1-50, Inclusive,
Case No. CVRI2404538 was removed from the Superior Court of the
State of California, County of Riverside, to the United States
District Court for the Central District of California on Dec. 24,
2024, and assigned Case No. 5:24-cv-02713.
On November 19, 2024, Plaintiff filed an unverified First Amended
Complaint ("FAC"). The Plaintiff alleges that he "is and was, and
at all relevant times herein, an individual residing in the State
of California." The Plaintiff alleges wage and hour claims on
behalf of himself and "all persons employed by Defendants whether
directly or indirectly through any staffing agencies and/or any
other third parties in hourly or non-exempt positions in California
during the Relevant Time Period." The Plaintiff also "worked for
Defendants as an hourly, non-exempt employee from approximately
January 1, 2022 through July 20, 2023.[BN]
The Defendants are represented by:
Michael Afar, Esq.
Sofya Perelshteyn, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: mafar@seyfarth.com
sperelshteyn@seyfarth.com
LEGACY PROFESSIONALS: Johnson Sues Over Unprotected Personal Info
-----------------------------------------------------------------
GREG JOHNSON, individually and on behalf of all others similarly
situated, Plaintiff v. LEGACY PROFESSIONALS LLP, Defendant, Case
No. 1:24-cv-13138 (N.D. Ill., December 20, 2024) is a class action
against the Defendant for negligence, negligence per se, breach of
fiduciary duty, breach of implied contract, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its
information systems following a data breach in approximately late
April 2024. The Defendant also failed to timely notify the
Plaintiff and similarly situated individuals about the data breach.
As a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Legacy Professionals LLP is a certified public accounting firm,
with its principal place of business located in Westchester,
Illinois. [BN]
The Plaintiff is represented by:
Elizabeth A. Fegan, Esq.
Megan E. Shannon, Esq.
FEGAN SCOTT LLC
150 S. Wacker Drive, 24th Floor
Chicago, IL 60606
Telephone: (312) 741-1019
Facsimile: (312) 264-0100
Email: beth@feganscott.com
megan@feganscott.com
- and -
Vincent D. Pinelli, Esq.
BURKE BURNS & PINELLI, LTD.
Three First National Plaza
70 W. Madison St., Suite 4300
Chicago, IL 60602
Telephone: (312) 541-8600
Facsimile: (312) 541-8603
Email: vpinelli@bbp-chicago.com
LEIDOS INC: Callis Suit Transferred to E.D. Virginia
----------------------------------------------------
The case is styled as Raven Callis, individually and for others
similarly situated v. Leidos, Inc., Case No. 3:24-cv-00996 was
removed from the U.S. District Court for the Southern District of
California, to the U.S. District Court for the Eastern District of
Virginia on Dec. 23, 2024.
The District Court Clerk assigned Case No. 3:24-cv-00902-REP to the
proceeding.
The nature of suit is stated Other Labor.
Leidos -- https://www.leidos.com/ -- is an innovation company
rapidly addressing the world's most vexing challenges in national
security and health.[BN]
The Plaintiff is represented by:
William Marshall Hogg, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: whogg@mybackwages.com
The Defendant is represented by:
Diane M. Saunders, Esq.
OGLETREE DEAKINS
One Boston Place, Suite 3220
Boston, MA 02108
Phone: (617) 994-5704
Fax: (617) 994-5701
Email: diane.saunders@ogletreedeakins.com
- and -
Timothy L. Johnson, Esq.
OGLETREE DEAKINS NASH SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Phone: (858) 652-3100
Fax: (858) 652-3101
Email: tim.johnson@ogletree.com
- and -
Timothy M. Keegan, Esq.
OGLETREE DEAKINS
15 West South Temple, Suite 950
Salt Lake City, UT 84101
Phone: (801) 658-6002
Fax: (385) 360-1707
Email: tim.keegan@ogletree.com
LEIDOS INC: Removes Veneracion Suit to S.D. Calif.
--------------------------------------------------
The Defendant in the case of MICHAEL ANGELO VENERACION,
individually and on behalf of all others similarly situated,
Plaintiff v. LEIDOS, INC.; and does 1-50, inclusive, Defendants,
filed a notice to remove the lawsuit from the Superior Court of the
State of California, County of San Diego (Case No. 24CU016920N) to
the U.S. District Court for the Southern District of California on
Dec. 19, 2024.
The clerk of court for the Southern District of California assigned
Case No. 3:24-cv-02396-BEN-VET. The case is assigned to Roger T.
Benitez and referred to Magistrate Valerie E. Torres.
Leidos, Inc. provides information technology services. The Company
offers transportation security, life sciences, critical
infrastructure, smart grid, systems integration, utility planning,
and commercial cyber services. [BN]
The Defendants are represented by:
Andrew J. Deddeh, Esq.
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone: (858)652-3100
Facsimile: (858) 652-3101
Email: andrew.deddeh@ogletree.com
LINKEDIN CORPORATION: V.R. Sues Over Unlawful Interception
----------------------------------------------------------
V.R., individually and on behalf of all others similarly situated
v. LINKEDIN CORPORATION, Case No. 5:24-cv-07399-PCP (N.D. Cal.,
Oct. 23, 2024), is brought for legal and equitable remedies
resulting from the illegal acts of the Defendant who intercepted
confidential information for target advertising purposes.
The Plaintiff brings this suit on behalf of all LinkedIn users who
live in the United States and who scheduled an urgent care medical
appointment through the website www.citymd.com (the "Website").
Patients trust healthcare providers to safeguard their information.
Moreover, such information is protected by state and federal law.
When booking medical appointments online, Patients reasonably
expect the sensitive and legally protected information related to
their appointment will remain confidential and protected from third
parties.
Unbeknownst to Plaintiff and members of the putative class,
LinkedIn intentionally intercepted these sensitive and confidential
communications, including the location and time of their
appointment, their gender, and the type of appointment they were
seeking treatment for. LinkedIn failed to receive consent for these
interceptions, and thereby engaged in conduct that expressly
contravened its own terms and representations, says the complaint.
The Plaintiff maintained an active LinkedIn account at all relevant
times when booking a medical appointment on the Website.
LinkedIn develops, owns, and operates "the world's largest
professional network with more than 1 billion members in more than
200 countries and territories worldwide."[BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 2100
Miami, FL 33131
Phone: (305) 330-5512
Email: swestcot@bursor.com
MANCO ABBOTT: Gutierrez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Manco Abbott, Inc.
The case is styled as Julian Gutierrez, individually and on behalf
of others similarly situated v. Manco Abbott, Inc., Case No.
VCU316382 (Cal. Super. Ct., Tulare Cty., Dec. 23, 2024).
The case type is stated as "Other Employment Civil:
Unlimited-Visalia."
Manco Abbott -- https://mancoabbott.com/ -- provides full-service
management for retail, office, industrial, and apartment
properties—driven by exceptional customer satisfaction
ratings.[BN]
The Plaintiff is represented by:
Carlos Jimenez, Esq.
PROTECTION LAW GROUP. LLP
149 Sheldon St.
El Segundo, CA 90245-3916
Phone: 626-556-5921
Fax: 866-264-7880
Email: carlos@protectionlawgroup.com
MARK MALONE: Bell Sues to Recover Unpaid Overtime Wages
-------------------------------------------------------
Katie Bell, individually and for others similarly situated v. MARK
MALONE, M.D., P.A. d/b/a ADVANCED PAIN CARE, Case No. 1:24-cv-01578
(W.D. Tex., Dec. 23, 2024), is brought to recover unpaid overtime
wages and other damages from the Defendant under the Fair Labor
Standards Act ("FLSA").
Like the other Putative Collective Members, the Plaintiff regularly
worked more than 40 hours a week. But the Defendant never paid the
Plaintiff and the other Putative Collective Members overtime wages.
Instead, the Defendant misclassified the Plaintiff and the other
Putative Collective Members as exempt employees and paid them a
salary with no overtime wages. The Defendant's salary and no
overtime pay scheme violates the FLSA by depriving non-exempt
employees (the Plaintiff and the Putative Collective Members) of
overtime wages for all hours worked in excess of 40 a workweek,
says the complaint.
The Plaintiff worked for The Defendant as a Medical Assistant and
"Location Manager."
Advanced Pain is a medical provider that "opened its doors in 2002
and has been providing safe, effective pain management and care to
its patients ever since."[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
MONDELEZ INTERNATIONAL: Blanco Sues Over Misleading Statements
--------------------------------------------------------------
Ivan Blanco and Kathryn Swiggum, individually and on behalf of all
others similarly situated v. MONDELEZ INTERNATIONAL, INC., a
Virginia corporation; MONDELEZ GLOBAL, LLC, a Delaware limited
liability company; AND NABISCO, INC., a New Jersey corporation,
Case No. 1:24-cv-13193 (N.D. Ill., Dec. 23, 2024), is brought
concerning MDLZ's representation that Wheat Thins crackers are
"100% WHOLE GRAIN", meaning that all (or 100%) of the grain
ingredients in Wheat Thins are whole grain ingredients which are
false and misleading statements.
One of the primary grain ingredients in Wheat Thins crackers is
cornstarch, which is a refined grain. By definition, refined grains
are not and cannot be whole grains. Thus, MDLZ's representation
that all (or 100%) of the grain ingredients in Wheat Thins are
"whole grain" is patently false and utterly misleading.
Unfortunately, MDLZ has used the representation "100% WHOLE GRAIN"
deceptively and has risen to the top of cracker and snack product
market through this deceit. MDLZ's representations that Wheat Thins
are "100% WHOLE GRAIN" is false. The grain ingredients in MDLZ's
products are not all (or 100%) whole grains. A prominent grain
ingredient in Wheat Thins is cornstarch. Cornstarch is listed as
one of the top ingredients in the Wheat Thins product formula.
Cornstarch is not, however, a whole grain. Instead, cornstarch is a
refined grain.
As a result of Defendants' false, misleading, and deceptive
representations as alleged herein, Defendants injured Plaintiffs
and members of the putative class ("Class") in that Plaintiffs and
members of the Class: Paid a sum of money for Wheat Thins that did
not have the characteristics or qualities they were represented and
promised to have; Were deprived of the benefit of the bargain
because the Wheat Thins products they purchased were different from
what Defendants warranted; Were deprived the benefit of the bargain
because the Wheat Thins products they purchased had less value than
what Defendants represented; Were denied the benefit of truthful
food labels, says the complaint.
The Plaintiffs purchased the Defendants' products.
MONDELEZ INTERNATIONAL, INC. markets and sells Wheat Thins
throughout the United States, including sales in Illinois and
Florida.[BN]
The Plaintiff is represented by:
Daniel J. Biederman, Jr., Esq.
LAW OFFICE OF DANNY BIEDERMAN, LLC
20 N. Clark Street, Suite 320
Chicago, IL 60602
Phone: (312) 757-5021
Fax: (630) 319-4587
Email: danny@djblegal.com
- and -
Dave Fox, Esq.
Joanna Fox, Esq.
Courtney Vasquez, Esq.
FOX LAW, APC
201 Lomas Santa Fe Drive, Suite 420
Solana Beach, CA 92075
Phone: 858-256-7616
Fax: 858-256-7618
Email: Dave@FoxLawAPC.com
Joanna@FoxLawAPC.com
Courtney@FoxLawAPC.com
NEW DIRECTION SOLUTIONS: Girn Suit Removed to E.D. California
-------------------------------------------------------------
The case styled as Daljit Girn, on behalf of herself and all others
similarly situated v. NEW DIRECTION SOLUTIONS, LLC, dba PROCARE
THERAPY; and DOES 1 to 10, inclusive, Case No. 24CV018815 was
removed from the Superior Court of the State of California in and
for the County of Sacramento, to the United States District Court
for the Eastern District of California on Dec. 23, 2024, and
assigned Case No. 2:24-cv-03683-DAD-AC.
In her Complaint, Plaintiff asserts the following five causes of
action on behalf of herself and a class of individuals she seeks to
represent: Failure to pay all Wages and Minimum Wages in Violation
of Labor Code; Failure to Pay Accrued Vacation Wages in Violation
of Labor Code; Failure to Pay All Wages Owed at Termination in
Violation of Labor Code; Failure to Furnish Accurate, Itemized Wage
Statements in Violation of Labor Code and Failure to Maintain
Accurate Records in Violation of Labor Code; and Violations of
Business & Professions Code.[BN]
The Defendants are represented by:
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Mia.Farber@jacksonlewis.com
- and -
Evan D. Beecher, Esq.
JACKSON LEWIS P.C.
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Phone: (916) 341-0404
Facsimile: (916) 341-0141
Email: Evan.Beecher@jacksonlewis.com
- and -
Sean M. Bothamley, Esq.
Veena Bhatia (State Bar No. 339939)
JACKSON LEWIS P.C.
160 W. Santa Clara, Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Facsimile: (408) 454-0290
Email: Sean.Bothamley@jacksonlewis.com
Veena.Bhatia@jacksonlewis.com
NEW JERSEY: Sued Over Uniform Unclaimed Property Act Violation
--------------------------------------------------------------
JAIME VIAL, as representative of the heirs of Rene Correa Borquez,
individually and on behalf of all other similarly situated,
Plaintiff v. ELIZABETH MAHER MUOIO, in her official capacity as
TREASURER OF THE STATE OF NEW JERSEY; STEVEN HARRIS, in his
official capacity as ADMINISTRATOR OF THE STATE OF NEW JERSEY
UNCLAIMED PROPERTY ADMINISTRATION; and KELMAR ASSOCIATES, LLC,
Defendants, Case No. 3:24-cv-11301 (D.N.J., Dec. 19, 2024) is a
class action seeking to challenge the constitutionality of New
Jersey's escheatment scheme enacted in the New Jersey Uniform
Unclaimed Property Act.
New Jersey is a northeastern U.S. state with some 130 miles of
Atlantic coast. [BN]
The Plaintiff is represented by:
Kevin P. Roddy, Esq.
WILENTZ, GOLDMAN & SPITZER, P.A.
90 Woodbridge Center Dr., Suite 900
Woodbridge, NJ 07095
Telephone: (732) 636-8000
Facsimile: (732) 726-6686
Email: kroddy@wilentz.com
- and -
William W. Palmer, Esq.
PALMER LAW GROUP, PLC
2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: (916) 972-0761
Facsimile: (916) 972-0877
Email: wpalmer@palmercorp.com
- and -
Jonathan S. Massey, Esq.
Bret R. Vallacher, Esq.
Matthew E. Layden, Esq.
MASSEY & GAIL LLP
1000 Maine Avenue, S.W. Suite 450
Washington, DC 20024
Telephone: (202) 652-4511
Email: jmassey@masseygail.com
bvallacher@masseygail.com
mlayden@masseygail.com
NYU LANGONE: Fails to Pay Proper Wages, Barkley Alleges
-------------------------------------------------------
CLINTON BARKLEY; RASHAAN BOWREY; ANDREW HANCOCK; PHILIP RAMIREZ;
and GURKIRAT SINGH, individually and on behalf of all others
similarly situated, Plaintiffs v. NYU LANGONE MSO, INC.; NYU
LANGONE HEALTH SYSTEM; and NYU LANGONE HOSPITALS, Defendants, Case
No. 1:24-cv-09747 (S.D.N.Y., Dec. 18, 2024) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
The Plaintiffs were employed by the Defendants in the positions
including technical support, A.V. support specialist, senior
solutions analyst, senior technician, and system analyst.
NYU Langone MSO, Inc. provides medical and general surgical
services. The Hospital offers cancer care, cardiovascular diseases,
children care, neurology, orthopedics, rehabilitation, fertility,
weight loss, epilepsy, and gynecology. [BN]
The Plaintiffs are represented by:
Molly A. Brooks, Esq.
Emma R. Janger, Esq.
OUTTEN & GOLDEN LLP
685 Third Ave., 25th Floor
New York, NY 10017
Telephone: (212) 245-1000
- and -
Artemio Guerra, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
153 Main Street, Suite 201
New Paltz, NY 12561
Telephone: (854) 400-9028
ORTHOPEDICSNY LLP: Buckowski Files Suit in N.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against OrthopedicsNY, LLP.
The case is styled as Sarah Buckowski, individually and on behalf
of all others similarly situated v. OrthopedicsNY, LLP, Case No.
1:24-cv-01582-LEK-ML (N.D.N.Y., Dec. 23, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
OrthopedicsNY, LLP -- https://www.orthony.com/ -- is an orthopedics
medicine practice providing medical care to patients in New
York.[BN]
The Plaintiff is represented by:
Eduard Korsinsky, Esq.
LEVI & KORSINSKY, LLP
55 Broadway, 10th Floor
New York, NY 10006
Phone: (212) 363-7500
Email: ek@zlk.com
PETSMART LLC: Oaks Suit Removed to D. New Jersey
------------------------------------------------
The case styled as Mark Oaks, on behalf of himself and all others
similarly situated v. PETSMART, LLC, Case No. CVRI2404538 was
removed from the Superior Court of the State of New Jersey, Essex
County, to the United States District Court for the District of New
Jersey on Dec. 25, 2024, and assigned Case No. 2:24-cv-11454.
The Complaint filed in the State Court Action (the "Complaint")
purports to assert two claims for relief against Defendant: for
alleged violation(s) of the federal Americans with Disabilities Act
(the "Americans with Disabilities Act"), and for Declaratory Relief
based upon an alleged controversy as to compliance by Defendant
"with applicable laws including, but not limited to the Americans
with Disabilities Act."[BN]
The Defendants are represented by:
Benjamin R. Zakarin, Esq.
BARCLAY DAMON LLP
1270 Avenue of the Americas, Suite 501
Phone: (212) 784-5800
Email: bzakarin@barclaydamon.com
PHREESIA: Fails to Prevent Data Breach, Weeks Alleges
-----------------------------------------------------
SONDRA WEEKS, individually and on behalf of all others similarly
situated, Plaintiff v. PHREESIA; and CONNECTONCALL.COM LLC,
Defendant, Case No. 1:24-cv-08660 (E.D.N.Y., Dec. 19, 2024) is an
action against the Defendant for its failure to properly secure and
safeguard sensitive information of its customers.
According to the complaint, the Data Breach was a direct result of
the Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
consumers' personally identifiable information or "PII", from a
foreseeable and preventable cyber-attack.
The Plaintiff's and Class Members' identities are now at risk
because of Defendant's negligent conduct because the PII that
Defendant collected and maintained has been accessed and acquired
by data thieves, says the suit.
Phreesia Inc. designs and develops healthcare software. The Company
offers solutions for appointments, registration, clinical support,
patient surveys, and analysis and reports. [BN]
The Plaintiff is represented by:
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
POSITEC TOOL: Figueroa Files Suit in S.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against Positec Tool
Corporation. The case is styled as Kimberly Figueroa, and others
similarly situated v. Positec Tool Corporation, Case No.
0:24-cv-62422-XXXX (S.D. Fla., Dec. 23, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
The Positec Tool Corporation -- https://www.positecgroup.com/ -- or
simply Positec, is a manufacturing company that specializes in the
production of power tools and lawn and garden equipment.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Matthew A. Keilson, Esq.
WATSTEIN TEREPKA LLP
1055 Howell Mill Road, Ste. 8th Floor
Atlanta, GA 30318
Phone: (678) 372-0408
Email: mkeilson@wtlaw.com
PVH CORP: Graciano-Martinez Suit Removed to C.D. California
-----------------------------------------------------------
The case styled as Adilene Graciano-Martinez, on behalf of herself,
the general public, and all others similarly situated v. PVH Corp.,
PVH Retail Stores, LLC, Tommy Hilfiger Retail, LLC, Does 1-10, Case
No. 24STCV24019 was removed from the Superior Court of CA, County
of Los Angeles, to the U.S. District Court for the Central District
of California on Oct. 23, 2024.
The District Court Clerk assigned Case No. 2:24-cv-09120-GW-MAA to
the proceeding.
The nature of suit is stated as Other Fraud.
PVH Corp. -- https://www.pvh.com/ -- formerly known as the
Phillips-Van Heusen Corporation, is an American clothing company
which owns brands such as Tommy Hilfiger, Calvin Klein, Warner's,
Olga and True & Co.[BN]
The Plaintiff appears pro se.
Thomas D. Warren, Esq.
Dan Terzian, Esq.
Erick Kees Kuylman, Esq.
WARREN TERZIAN LLP
222 North Pacific Coast Highway, Suite 2000
Los Angeles, CA 90245
Phone: (213) 410-2620
Email: tom.warren@warrenterzian.com
dan.terzian@warrenterzian.com
erick.kuylman@warrenterzian.com
The Defendants are represented by:
Adil M. Khan, Esq.
Layal L. Bishara, Esq.
Robert J. Herrington, Esq.
GREENBERG TRAURIG LLP
1840 Century Park East Suite 1900
Los Angeles, CA 90067-2121
Phone: (310) 586-7700
Fax: (310) 586-7800
Email: adil.khan@gtlaw.com
bisharal@gtlaw.com
robert.herrington@gtlaw.com
RECEIVABLES MANAGEMENT: Singer Files FDCPA Suit in E.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Receivables
Management Partners, LLC. The case is styled as Faigy Singer,
individually and on behalf of all similarly situated v. Receivables
Management Partners, LLC, Case No. 1:24-cv-08750-AMD-JAM (E.D.N.Y.,
Dec. 23, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Receivables Management Partners -- https://www.receivemorermp.com/
-- provides physician practice management solutions.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rsalim@steinsakslegal.com
REGIONAL CARE INC: Reznor Files Suit in D. Nebraska
---------------------------------------------------
A class action lawsuit has been filed against Regional Care, Inc.
The case is styled as Daniel Reznor, on behalf of himself and all
others similarly situated v. Regional Care, Inc., Case No.
4:24-cv-03236-JMG-MDN (D. Neb., Dec. 23, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Regional Care, Inc. (RCI) -- https://www.regionalcare.com/ -- is
dedicated to providing top-notch healthcare solutions.[BN]
The Plaintiff is represented by:
Philip Joseph Krzeski, Esq.
Bryan L. Bleichner, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 767-3613
Fax: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
bbleichner@chestnutcambronne.com
ROCKY MOUNTAIN: White Files Suit in D. Colorado
-----------------------------------------------
A class action lawsuit has been filed against Rocky Mountain
Gastroenterology Associates PLLC. The case is styled as Colleen
White, individually and on behalf of all others similarly situated
v. Rocky Mountain Gastroenterology Associates PLLC, Case No.
1:24-cv-03543-TPO (D. Colo., Dec. 23, 2024).
The nature of suit is stated as Other P.I. for Breach of Contract.
Rocky Mountain Gastroenterology --
https://www.rockymountaingastro.com/ -- is a leading healthcare
provider specializing in digestive health and gastroenterological
care.[BN]
The Plaintiff is represented by:
Josh J. Sanford, Esq.
SANFORD LAW FIRM, PLLC
10800 Financial Centre Pkwy, Suite 510
Little Rock, AR 72211
Phone: (800) 615-4946
Fax: (888) 787-2040
Email: ecfnotices@sanfordlawfirm.co
SERVICESOURCE INC: Fails to Pay Proper Wages, Bethel Alleges
------------------------------------------------------------
JENNIE BETHEL, individually and on behalf of others similarly
situated, Plaintiff v. SERVICESOURCE, INC., Defendant, Case No.
1:24-cv-02305 (E.D. Va., Dec. 18, 2024) seeks to recover from the
Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Bethel was employed by the Defendant as a call center
agent.
ServiceSource, Inc. provides service including telephone based
technical, administrative, and informational support primarily to
federal government personnel, including armed forces members and
students. [BN]
The Plaintiff is represented by:
Curtis Daniel Cannon, Esq.
GOLDBERG FINNEGAN CANNON, LLC
8401 Colesville Road, Suite 630
Silver Spring, MD 20910
Telephone: (301) 589-2999
Facsimile: (301) 589-2644
Email: ccannon@goldbergfinnegan.com
- and -
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) 582-5279
Email: nicholasconlon@jtblawgroup.com
STAR MASONARY: Faces Herrera Wage-and-Hour Suit in E.D.N.Y.
-----------------------------------------------------------
EDGAR HERRERA, individually and on behalf of all others similarly
situated, Plaintiff v. STAR MASONARY, INC. D/B/A STAR MASONARY,
FERNANDO DA SILVA, and FABIANA DA SILVA, Defendants, Case No.
2:24-cv-08717 (E.D.N.Y., December 20, 2024) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including failure to pay minimum
wages, failure to pay overtime wages, failure to provide wage
notice, failure to provide accurate wage statements, and failure to
timely pay wages.
The Plaintiff worked for the Defendants as a construction worker
from in or around January 2017 until in or around March 10, 2024.
Star Masonary, Inc., doing business as Star Masonary, is a
construction company based in Farmingville, New York. [BN]
The Plaintiff is represented by:
Jarret Bodo, Esq.
KATZ MELINGER PLLC
370 Lexington Avenue, Suite 1512
New York, NY 10017
Telephone: (212) 460-0047
Facsimile: (212) 428-6811
Email: jtrbodo@katzmelinger.com
STEEL COOP: Boyer Sues Over Unlawful Employment Practices
---------------------------------------------------------
Lauren Boyer, on behalf of herself and all others similarly
situated v. THE STEEL COOP, LLC, Case No. 2:24-cv-00084 (M.D.
Tenn., Dec. 23, 2024), is brought under the Fair Labor Standards
Act ("FLSA") as a result of the Defendants unlawful employment
practices.
The Defendant compensated Servers at the reduced wage of $2.25 per
hour for their first 40 hours of work performed in each of the past
3 years. Upon information and belief, Defendant compensated
Bartenders at the reduced wage of $4.00 per hour for their first 40
hours of work performed in each of the past 3 years. During their
employment period with the Defendant, Plaintiff and members of the
putative collectives of Servers and Bartenders were assigned both
"opening" shifts and "closing" shifts.
The Defendant required Servers and Bartenders to surrender portions
of their tips to cover any costs associated with orders that were
incorrectly placed with the kitchen. Accordingly, employers are
forbidden from taking a tip credit when they compel tipped
employees to surrender any portion of their tips to management to
cover these costs. The Plaintiff and the Tip Surrender Collective
members are entitled to recover at least federal minimum wage for
the time spent working within the past 3 years when this unlawful
policy was enforced, says the complaint.
The Plaintiff worked for Defendant as a Server and Bartender at The
Steel Coop.
The Defendant owned, operated, and controlled the The Steel Coop
restaurant located in Livingston, Tennessee.[BN]
The Plaintiff is represented by:
R. Burke Keaty, II, Esq.
MORGAN & MORGAN – NASHVILLE, PLLC
810 Broadway, Suite 105
Nashville, TN 37203
Phone: (615) 514-4205
Email: bkeaty@forthepeople.com
- and -
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 15th Floor
Orlando, FL 32802-4979
Phone: (407) 420-1414
Email: RMorgan@forthepeople.com
- and -
Jordan Richards, Esq.
USA EMPLOYMENT LAWYERS
JORDAN RICHARDS PLLC
1800 SE 10th Ave., Suite 205
Fort Lauderdale, FL 33316
Phone: (954) 871-0050
Email: jordan@jordanrichardspllc.com
michael@usaemploymentlawyers.com
TRANSUNION RISK: Artigliere Files Suit in N.D. Illinois
-------------------------------------------------------
A class action lawsuit has been filed against TransUnion Risk and
Alternative Data Solutions, Inc. The case is styled as Plaintiff
Leonard Artigliere, individually, and on behalf of all others
similarly situated v. TransUnion Risk and Alternative Data
Solutions, Inc., Case No. 1:24-cv-10936 (N.D. Ill., Oct. 23,
2024).
The nature of suit is stated as Other P.I. for Personal Injury.
TransUnion Risk and Alternative Data Solutions, Inc. --
https://www.transunion.com/ -- provides IT services. The Company
offers online research, investigation, and risk management
solutions.[BN]
The Plaintiff is represented by:
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson St., Ste. 1700
Chicago, IL 60604
Phone: (312) 984-0000
Fax: (212) 686-0114
Email: malmstrom@whafh.com
The Defendant is represented by:
Michael W. McTigue, Jr., Esq.
Meredith C. Slawe, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
One Manhattan West
New York, NY 10001
Phone: (212) 735-3529
Email: michael.mctigue@skadden.com
meredith.slawe@skadden.com
- and -
William Elliott Ridgway, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
320 S. Canal St., Ste 47th Floor
Chicago, IL 60606-5707
Phone: (312) 407-0700
Fax: (312) 407-0711
Email: william.ridgway@skadden.com
TRINITY UNIVERSAL: Fails to Protect Clients' Info, Henry Says
-------------------------------------------------------------
KALVIN HENRY, individually and on behalf of all others similarly
situated, Plaintiff v. TRINITY UNIVERSAL INSURANCE COMPANY,
Defendant, Case No. 2:24-cv-11004 (C.D. Cal., December 20, 2024) is
a class action against the Defendant for negligence, negligence per
se, invasion of privacy, breach of implied contract, breach of
fiduciary duty, unjust enrichment, and violations of California
Consumer Privacy Act of 2018 and California Unfair Competition
Law.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its
information systems following a data breach between July 7, 2023,
and July 10, 2023. The Defendant also failed to timely notify the
Plaintiff and similarly situated individuals about the data breach.
As a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, the suit
asserts.
Trinity Universal Insurance Company is a provider of insurance
services, headquartered in Dallas, Texas. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
david@kazlg.com
mona@kazlg.com
TRINITY UNIVERSAL: Harrah Files Suit in W.D. Missouri
-----------------------------------------------------
A class action lawsuit has been filed against Trinity Universal
Insurance Company. The case is styled as Desarae Harrah,
individually and on behalf of all others similarly situated v.
Trinity Universal Insurance Company, Case No. 4:24-cv-00695-SRB
(W.D. Mo., Oct. 23, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Trinity Universal Insurance Company is a property and casualty
carrier.[BN]
The Plaintiff is represented by:
Maureen M. Brady, Esq.
MCSHANE & BRADY, LLC
4006 Central Street
Kansas City, MO 64111
Phone: (816) 888-8010
Email: mbrady@mcshanebradylaw.com
The Defendant is represented by:
Colby Millard Everett, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Phone: (303) 861-0600
Fax: (303) 861-7805
Email: ceverett@bakerlaw.com
UNITED STATES: Faces Class Suit Over Violation of First Step Act
----------------------------------------------------------------
VANESSA CROWE; and GLEN GALEMMO, individually and on behalf of all
others similarly situated, Plaintiff v. FEDERAL BUREAU OF PRISONS;
COLETTE PETERS, in her official capacity as Director of the Bureau
of Prisons, Defendants, Case No. 1:24-cv-03582 (D.C., Dec. 20,
2024) alleges violation of the First Step Act of 2018.
According to the complaint, under the First Step Act of 2018, the
Defendants must transfer eligible people from its prisons to home
confinement or residential reentry centers, commonly called halfway
houses, when the time credits they have earned equal the remaining
time on their sentences. But the Defendants has unlawfully treated
this statutory program as discretionary, promulgating regulations
that directly conflict with the plain language of the First Step
Act.
The Defendants' unlawful regulation has already resulted in
additional time in prison beyond what the law allows. And it will
continue to affect thousands more every year. Here, the Plaintiffs
and members of the class they seek to represent will be held in
prison for months after they have a clear statutory right to be
transferred out, says the suit.
United States Federal Bureau of Prisons handles the administration
of the federal prison system of the United State. The Bureau
protects society by confining offenders in the controlled
environments of prisons and community-based facilities. [BN]
The Plaintiff is represented by:
Elizabeth Henthorne, Esq.
JENNER & BLOCK LLP
1099 New York Ave. NW, Ste. 900
Washington, DC 20001
Telephone: (202) 637-6367
Email: bhenthorne@jenner.com
- and -
Emma A. Andersson, Esq.
Julian Clark, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad St. – 17 th Floor
New York, NY 10004
Telephone: (929) 969-4365
Email: eandersson@aclu.org
jclark@aclu.org
- and -
Arthur B. Spitzer, Esq.
Scott Michelman, Esq.
Aditi Shah, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
of the District of Columbia
529 14th Street NW, Suite 722
Washington, D.C. 20045
Telephone: (202) 457-0800
Email: aspitzer@acludc.org
smichelman@acludc.org
ashah@acludc.org
UNSHAKABLE BUILDERS: Ainsley Sues Over Unfair Business Practices
----------------------------------------------------------------
LILLIAN AINSLEY; MECHELE ARNETTE; and TAYLOR FORBES, individually
and on behalf of all others similarly situated, Plaintiffs v.
UNSHAKABLE BUILDERS, INC., Defendant, Case No. 4:24-cv-178-M (N.D.
Cal., Dec. 17, 2024) is an action arising out of the design,
development, construction, sale and repair of the residential
building of the Plaintiffs in violation of the Unfair and Deceptive
Trade Practices Act.
According to the Plaintiffs in the complaint, at the time their
Certificates of Occupancy were issued, the residential building
contained latent and undisclosed defects. The latent and
undisclosed defects, in combination with fortuitous weather and
other events, have resulted in consequential damage to
non-defective portions of the Residences and the real property on
which they are located. The Defendants should have known of the
existence of the latent defects for many reasons, including its
post-construction repair efforts.
The Plaintiffs and members of the Class have previously put the
Defendant on notice of one or more of the deficiencies. However,
the Defendant has not rectified the problems and its various and
sundry repair attempts have been inadequate, are failing, or have
failed, says the suit.
Unshakable Builders, Inc. is a construction company based in
Greenville, North Carolina, specializing in custom homes. [BN]
The Plaintiffs appear pro se.
VESYNC CORPORATION: Crumwell Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Denise Crumwell, on behalf of herself and all other persons
similarly situated v. VESYNC CORPORATION, Case No. 1:24-cv-09935
(S.D.N.Y., Dec. 24, 2024), is brought this civil rights action
against the Defendant for their 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.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://cosori.com/, including all portions thereof or accessed
thereon (collectively, the "Website" or "Defendant's Website"), is
not equally accessible to blind and visually-impaired consumers, it
violates the ADA. Plaintiff seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that Defendant's Website will become and remain accessible to
blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals --thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using her
computer.
VESYNC CORPORATION, operates the Cosori online interactive Website
and retail store across the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
VISA INC: Fletcher Suit Transferred to S.D. New York
----------------------------------------------------
The case captioned as Dianne Fletcher, individually and on behalf
of all others similarly situated v. VISA, INC., Case No.
4:24-cv-00752 was transferred from the United States District Court
for the Western District of Missouri, to the United States District
Court for the Southern District of New York on Dec. 23, 2024.
The District Court Clerk assigned Case No. 1:24-cv-09884-UA to the
proceeding.
The nature of suit is stated as Anti-Trust.
Visa Inc. -- https://corporate.visa.com/en/ -- is an American
multinational payment card services corporation headquartered in
San Francisco, California.[BN]
The Plaintiff is represented by:
Richard M. Paul, III, Esq.
David Bodenheimer, Esq.
PAUL LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Phone: (816) 984-8100
Email: rick@paulllp.com
david@paulllp.com
The Defendant is represented by:
Anne P. Davis, Esq.
ARNOLD & PORTER LLP
555 Twelfth Street, NW
Washington, DC 20004-1206
Phone: (202) 942-6197
Fax: (202) 942-5999
- and -
Christopher P. Nease, Esq.
ARNOLD & PORTER
700 Louisiana Street, Suite 4000
Houston, TX 77002
Phone: (713) 576-2450
- and -
Matthew A. Eisenstein, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave., NW
Washington, DC 20001
Phone: (202) 942-6606
WTS INTERNATIONAL: Hernandez Sues to Recover Unpaid Wages
---------------------------------------------------------
Ricky Hernandez, on behalf of himself and all others similarly
situated v. WTS INTERNATIONAL, LLC d/b/a ARCH AMENITIES GROUP, Case
No. 1:24-cv-09931 (S.D.N.Y., Dec. 24, 2024), is brought to recover
unpaid wages and overtime wages, liquidated damages, statutory
damages, pre-judgment and post-judgment interest, and attorneys'
fees and costs pursuant to the Fair Labor Standards Act ("FLSA"),
and New York Labor Law ("NYLL") as amended by the New York Wage
Theft Prevention Act.
The Defendant's failure to provide Plaintiff with the total hours
he was credited for working in each seven-day workweek impaired his
ability to determine if he was being compensated in accordance with
law. To the extent Defendant paid a premium for overtime work,
Plaintiff was not informed on his paystub how Defendant calculated
the overtime premium and the regular hourly wage rate used to
determine the overtime premium, says the complaint.
The Plaintiff was assigned by Defendant to work as a massage
therapist at the Bamford Wellness Spa at 1 Hotel.
Arch Amenities Group is, among other things, a nationwide provider
of amenities services in the hospitality industry.[BN]
The Plaintiff is represented by:
Mitchell Schley, Esq.
LAW OFFICES OF MITCHELL SCHLEY, LLC
197 Route 18, Suite 3000
East Brunswick, NJ 08816
Phone: (732) 325-0318
Email: mschley@schleylaw.com
*********
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