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Exploration Drilling Lawsuit Filed by F&S

On May 20, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the District of Montana Billings Division against Exploration Drilling, Inc. (“Exploration Drilling”). The lawsuit is filed on behalf of all flowback operators and other similarly situated employees who work or have worked at Exploration Drilling nationwide.

The lawsuit alleges that Exploration Drilling has failed to pay overtime to flowback operators. Flowback operators are paid a day rate, which is a pre-set ...

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Comptroller Stringer Awards Nearly $1 Million to Immigrant Workers for Prevailing Wages

NYC Comptroller Scott Stringer paid 33 immigrant workers over $900,000 from a settlement involving North American Iron Works Inc. construction firm for failing to pay prevailing wage. Immigrants working for North American Iron Works who were not union employees were being paid $16 per hour instead of the required $42 per hour plus benefits.

North American Iron Works contracted with NYC to build numerous schools in Brooklyn, the Bronx, and Manhattan. An employee of North American brought the issue to the ...

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Second Circuit Issues Great Ruling Regarding Rule 68 Offers of Judgment

In a recent decision, the United States Court of Appeals for the Second Circuit clarified a key question that is becoming more frequent in single plaintiff and class action litigation:  whether a Rule 68 offer of judgment that is not accepted moots a plaintiff’s individual claims to continue their case.  A Rule 68 Offer of Judgment is a procedural tool that allows defendants to offer a plaintiff a specific amount of money (usually the maximum recovery allowed under a statute) ...

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Chipotle Must Produce Privileged Documents

On March 27, 2015, in the case of Scott v. Chipotle Mexican Grill, Inc., Magistrate Judge Sarah Netburn of the United States District Court for the Southern District of New York granted and denied in part Plaintiffs’ motion to compel production of particular documents in Defendant’s revised privilege log.  The motion was filed on February 24, 2015 by Fitapelli & Schaffer LLP and Outten Golden, LLP on behalf of Plaintiffs, in response to Defendant’s privilege log, provided in discovery, which ...

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TGI Fridays- Defendants’ Motion to Dismiss and Change Venue are Denied.

On March 27, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York denied Defendants motion to transfer the action to the Northern District of Texas and to partially dismiss Plaintiffs’ FLSA minimum wage claim.  Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, ...

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Dinosaur BBQ Lawsuit Filed

On March 26, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Dinosaur Restaurants, LLC, JLN-Store, Inc. f/k/a Dino-Store, Inc., Soros Strategic Partners LP, and John Stage, who collectively own and operated the Dinosaur Bar-B-Que franchise.  This lawsuit is specifically filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Workers” who work or have worked at the following Dinosaur Bar-B-Que restaurants: the ...

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Third Circuit Issues Great Decision on the Motor Carrier Exemption

On March 11, 2015 the United States Court of Appeals for the Third Circuit reached a precedential holding in the case of McMaster v. Eastern Armored Services, Inc., affirming the District Court’s opinion that the professional motor carrier exemption does not apply for motor carrier employees who, either in whole or in part, drive vehicles weighing less than 10,000 pounds.  This case was brought by an employee for an armored courier company who spent roughly 51% of her time working ...

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Snuggie $8 MIllion Settlement

Allstar Marketing Group (“Allstar”), the company behind “As Seen on TV” products such as the Snuggie, Perfect Bacon Bowl, and Magic Mesh, has recently agreed to an $8 million dollar settlement with the Federal Trade Commission over their alleged illegal use of deceptive marketing and sales practices.  The Federal Trade Commission’s investigation and subsequent settlement negotiations come in response to hundreds of consumer filed complaints pertaining to the company’s practices.

Customers who were drawn in by Allstar’s buy-one-get-one-free deals, or various ...

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F&S Files Walgreens Consumer Class Action

On February 11, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of Walgreen Co. and Duane Reade Inc. (collectively, “Defendants”) on behalf of all consumers nationwide who have purchased the following “Finest Nutrition” brand supplements: Gingko Biloba, St. John’s Wort, Ginseng, and Echinacea.

The lawsuit alleges that Defendants, owners of the largest drug retailing chain in the United States, misbranded the aforementioned supplements ...

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Great Second Circuit Ruling re Class Actions

A recent summary order issued by the United States Court of Appeals for the Second Circuit in the case of Jacob v. Duane Reade, Inc. affirmed the District Court’s holding that the lawsuit, pertaining to a class of misclassified Assistant Store Managers, meets the requirements for class certification, at least in regards to questions of liability.  The Plaintiff class consists of Assistant Store Managers at New York Duane Reade locations who believe that they have been misclassified by their employer ...

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