Gym Settles Membership Fee Dispute Class Action for $2.9 Million
On March 1, 2019, preliminary approval was granted for a $2.9 million settlement by U.S. District Judge for the Southern District of Ohio Western Division, in the Snap Fitness membership fees class action.
On February 27, 2019, class claims were filed against the John McEnroe Tennis Academy (the “Academy”) in New York federal court by a disgruntled former driver who alleged that the defendant institution, along with its owners and day-to-day overseers, failed to adequately compensate Academy drivers for overtime in violation of the Fair Labor Standards Act (“FLSA”).
On February 25, 2019, BeSweet Creations LLC, manufacturer of the popular gummy bear vitamin supplements “Sugar Bear Hair,” filed suit in U.S. District Court in the Southern District of Florida against rival supplement producer, TrueReflections Inc., alleging that the company violated the Federal Trademark Act (Lanham Act).
Fielding a litany of questions when sharing what you do for a living is a familiar situation for many. The day-to-day grind of life as an attorney often does not reflect the excitement portrayed in television legal dramas. For attorney Karen Beyea-Schroeder, however, the early years of her career played out like a well-paced episode of the late 1990s legal program, JAG.
On February 13, 2019, class claims were filed in federal court in the Southern District of New York against celebrity chef Lidia Bastianich alleging that Bastianich’s New York City restaurant, Felidia, violated the Fair Labor Standards Act (“FLSA”) by requiring employees to work in excess of 40 hours per week without appropriate minimum wage, overtime and spread of hours compensation for the hours they worked.
On February 14, 2019, State Street Global Advisors Trust Company (“SSGA”), the sponsors of the world famous “Fearless Girl” statue filed suit against Kristin Visbal (sculptor of the iconic statue) in New York State court. SSGA alleges that the artist has been selling unauthorized replicas of the statue causing irreparable harm to not only Fearless Girl and her message but also to SSGA, its reputation and its rights.
On February 8, 2019, class claims were filed in federal court in the Southern District of New York against the makers of the popular Drizzilicious line of snack foods, alleging that the company, Snack Innovations Inc., mislabeled its products in such a way as to intentionally mislead consumers with respect to the ingredients contained by the products.
On February 8, 2019, a $3.2 million settlement was submitted to Northern California federal court Judge Jeffrey S. White for preliminary approval, bringing an end to class claims that accused energy company Chevron Corp., of misclassifying drill-site managers as independent contractors.
On January 30, 2019, well-known model Carmen Electra, along with fellow models Lucy Pinder and Dessie Mitcheson, filed suit in Colorado federal court against Denver strip club, Shotgun Willie’s, alleging that the defendant violated the Lanham Act by using the plaintiffs’ images in club promotions.
On January 23, 2019, Epic Games Inc. (“Epic”), creator of the popular video game Fortnite, was served with claims that the game-maker misappropriated the signature dance moves of professional rapper Blocboy JB, known as “The Shoot.”
On January 24, 2019, U.S. District Judge Stephen N. Limbaugh Jr., granted initial approval to a $24 million settlement between the former NFL team, the St. Louis Rams, and a class of football fans who purchased personal seat licenses (“PSLs”) during the Rams’ last season in St. Louis in 2014, shortly before the team was moved to Los Angeles.
On January 17, 2019, U.S. District Judge for the Southern District of New York, Analisa Torres, granted approval of a $9 million settlement between a class of consumers and Premier Nutrition Corp., the manufacturer of Premier Protein shakes.
On January 7, 2019, class claims were filed in federal court in the Southern District of New York against celebrity chef Chris Santos and his business partners, who collectively own the well-known upscale New York City restaurant and lounge, Beauty and Essex. In the lawsuit, a group of former busboys and barbacks claim that the restaurant violated the Fair Labor Standards Act (“FLSA”) and New York Labor Law.
On January 4, 2019, a $5.4 million settlement was submitted to Northern California District Judge Yvonne Gonzalez Rogers for preliminary approval. The settlement will bring to a close class claims alleging that defendant ABM Services Inc. (“ABM”), violated Section 2802 of the California Labor Code, the Private Attorneys General Act and the Unfair Business Practices Act, when it required its employees to use personal cell phones for work-related purposes without reimbursement.
On January 3, 2019, North Carolina federal judge Catherine C. Eagles granted approval for a $1.3 million settlement to end class claims between rideshare giant Uber Technologies Inc. and a class of more than 5,000 Uber drivers who allege that Uber misclassified them as independent contractors.