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6 FEB

Herbal Supplement Investigation

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The New York State Attorney General’s Office has recently sent out Cease and Desist Notifications to GNC, Target, Walgreens and Walmart, alleging their herbal supplements fail to contain the advertised ingredients.

Fitapelli & Schaffer is interested in filing a class action against these large companies for their false and misleading labeling.  Below is a list of affected products:

GNC
Gingko Biloba, St. Johns Wort, Ginseng, Echinacea, and Saw Palmetto
Target
Gingko Biloba, St. John’s Wort, and Valerian Root
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6 FEB

Anthem Insurance Data Breach

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Anthem Inc., the country’s second-largest health insurer, operating under numerous brands such as Anthem Blue Cross, Anthem Blue Cross and Blue Shield, and Empire Blue Cross and Blue Shield, has recently fell victim to a devastating and large scale “sophisticated external cyberattack.”  The real victims, however, are the 80 million Anthem customers who may have had crucial private information, such as names, Social Security numbers, street addresses, birthdays, addresses, email and employment information, and employment data, accessed and retrieved by ...

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14 JAN

Avis Loses Motion to Decertify FLSA Collective

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Recently, a Magistrate Judge for the United States District Court Eastern District of New York denied Defendants’ motion for class decertification in the case of Ravenell v. Avis Budget Car Rental, LLC. Plaintiffs, shift managers employed by “Avis Rent a Car”, filed a collective action lawsuit to challenge their classification as exempt under the FLSA administrative and executive exemption, and to recover overtime compensation. While the class was previously conditionally certified as a collective action, Defendants sought to seek decertification ...

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26 DEC

Cheetahs Gentleman’s Club Lawsuit

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On December 24, 2014, 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 “Cheetahs Gentlemen’s Club & Restaurant” (“Cheetahs”), located at 252 West 43rd Street, New York, New York 10036 on behalf of all exotic dancers who have worked there.
The lawsuit alleges that the owners of Cheetahs have instituted widespread unlawful policies in violation of the Fair Labor Standards Act (“FLSA”) and ...

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22 DEC

Life Protect Lawsuit

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On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “Life Protect”, including all of its present, former, and future direct and indirect parent companies, subsidiaries, affiliates, agents, and other related entities.
Life Protect is a Virginia corporation which claims to provide “quality medical alert systems and services for seniors.” The complaint alleges that Defendant utilizes an automatic ...

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22 DEC

District 12 NYC Lawsuit

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On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “District 12”, a bar and restaurant located at 4892 Broadway, New York, New York 10034 on behalf of all cooks, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The Plaintiff class in this lawsuit submits that they were subjected to widespread policies which violated ...

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22 DEC

Star Staffing/Hornblower Cruises Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on December 19, 2014, in the United States District Court for the Southern District of New York against the owners of “Stars Staffing Services”, “SPS Resources, Inc.”, “Hornblower Group Inc.”, “Hornblower Yachts, Inc., and “Hornblower New York, LLC” on behalf of all servers, bussers, bartenders, barbacks, and other “Tipped Workers” who have worked for Star Staffing Services (“Star Staffing”), and all Tipped Workers who have worked for Star Hospitality Group at ...

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19 DEC

Chipotle Loses Motion For Protective Order

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On December 18. 2014, a Magistrate Judge in the United States District Court for the Southern District of New York ordered that, in the case of Scott v. Chipotle Mexican Grill, Inc., certain documents alleged to be covered by the Defendant’s Attorney-Client Privilege were put in issue by the Defendants, and were therefore not protected by any privilege.
In this class action wage and hour case, Plaintiffs allege that Defendants incorrectly classified the “apprentice” position as non-exempt, resulting in the ...

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18 DEC

PETCO Groomers Lawsuit

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On December 18, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Petco Animal Supplies Stores, Inc. (“Petco”) on behalf of all pet stylists, groomers, and bathers who have worked at any Petco location nationwide.
The lawsuit alleges that Petco has instituted widespread unlawful policies which burden the rights of their employees and are in violation of the Fair Labor Standards Act (“FLSA”), in addition ...

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12 DEC

Russian Tea Room Lawsuit

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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 “The Russian Tea Room”, located at 150 W. 57th Street, New York, New York 10019 on behalf of all servers, bussers, runners, baristas, bartenders, barbacks, and other “Tipped Workers” who have worked there.
The lawsuit alleges that the owners of this restaurant have instituted widespread policies which violate the Fair Labor Standards Act (“FLSA”) ...

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