The Litigation Counsellor®

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Joseph DiNardo, Esq., founder and director of Counsel Financial, went “Bald for Big Bucks” on Monday, June 18, 2018 in honor of his late wife, Marcia, who battled stage IV pancreatic cancer with absolute strength and spirit. $100,000 in donations have been pledged to date, with additional commitments still pouring in.

Counsel Financial Teams Up for the Corporate Challenge

Kim Gomlak, MBA | Marketing Director

Pictured from left to right: Melissa Ruggiero, Jessica Literman, Stephanie Duerr, Matt McCormick, Kim Gomlak and Ashley Smith

Counsel Financial’s team of employees laced up their running shoes and took part in the J.P. Morgan Corporate Challenge® in Buffalo, New York on June 14, 2018. The event, held annually to promote corporate teamwork and camaraderie in the local business community, drew a record field of over 14,000 employees from companies in the Western New York region. The local race is one of 13 worldwide, across seven countries and five continents.

$2.2 Million Proposed Settlement Reached in Food Delivery Service Fee

Elizabeth DiNardo, Esq. | Associate Counsel

On June 12, 2018, notice of a proposed $2.2 million settlement was sent out to around 93,000 class members who filed a class action lawsuit against restaurant delivery service, Caviar. Plaintiffs allege that the company misled patrons into paying an 18% service charge that was labeled as a “gratuity fee” on orders.


When this series of interviews first began on the cusp of 2018, we reflected on the momentous events of 2017. It was a year that began with women taking to the streets to show solidarity for one another in protesting for equal rights, and ended with a multi-industry whistleblowing initiative to stop sexual harassment in the workplace. As we move forward in 2018, it seems like this will be a year of no excuses.

$1.9M Default Judgment Granted in Skincare Photo Infringement Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On June 4, 2018, California federal judge Philip S. Gutierrez awarded plaintiff Edgar Babayan, $1.9 million in a default judgment against skincare company Honest Creams LLC. In the suit, filed on January 18, 2018, Babayan alleges that Honest Creams blatantly copied three before-and-after photos that he had taken in 2011 to show the beneficial effects of his own skincare line.

On May 29, 2018, Eastern District of New York Federal Magistrate Cheryl L. Pollak granted preliminary approval of a $27 million class settlement between British Airways and a class of British Airways Executive Club members. 

Tesla Agrees to $5.4M Payout for Faulty Autopilot and Safety Software

Elizabeth DiNardo, Esq. | Associate Counsel

On May 25, 2018, Tesla and a class of Model X and Model S vehicle owners who purchased Tesla’s Enhanced Autopilot asked a California federal court to preliminarily approve a $5.4 million settlement that would put an end to a putative class action. The suit alleges that the company delay in releasing Enhanced Autopilot and corresponding safety features was a violation of California’s Unfair Competition Law, Consumers Leal Remedies Act and False Advertising Law.

Judge Approves P.F. Chang’s $6.5M Wage and Hour Settlement

Elizabeth DiNardo, Esq. | Associate Counsel

Approved by U.S. District Judge Janis C. Sammartino on Monday, May 21, 2018, P.F. Chang’s has agreed to a non-revisionary settlement of $6.5 million for alleged wage and labor violations. The class to benefit includes all non-exempt, hourly workers who were employed by the chain’s restaurants from January 22, 2009 to May 21, 2018.

Cruise Company Attempts To Avoid $76M Settlement Payout in TCPA Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On Friday, May 19, 2018, attorneys for a class of plaintiffs suing Caribbean Cruise Line Inc. (“Caribbean Cruise”) told U.S. District Judge Matthew Kennelly that the company was failing to abide by previously agreed upon settlement terms in an effort to avoid paying the $76 million maximum cap on the settlement. Caribbean Cruise has objected to 75% of the claims formerly approved by the settlement administrator.


On May 15, 2018, a putative class action accusing fitness and health company Under Armour Inc. of failing to protect the personal information belonging to subscribers of the company’s popular MyFitnessPal app was transferred to federal court in the Central District of California.

Women in the Law—Finding Your Balance

Elizabeth DiNardo, Esq. | Associate Counsel

Since this interview series began, we have brought to light many common issues that affect women in the legal industry. We have discussed the myth of “having it all,” the need to find your inner strength to fight for those who have none and the desire to find your voice in the crowd. All of these themes have individually touched on the professional challenges that women attorneys face in order to succeed. However, in honor of the month of May, a month in which Americans take time to honor their mothers, this edition of Women in the Law will discuss a different kind of challenge, one many women in this country face—the challenge of being a working mother.

$2.5 Million Settlement Reached in Under-filled Candy Boxes Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On May 10, 2018, a $2.5 million settlement was reached between candy manufacturing giant Ferrara Candy Co. and a putative class of dissatisfied candy lovers who claimed that the defendant included excess non-functional empty space or “slack-fill” in the opaque “theater boxes” of candy manufactured by the company.

Class Claims Filed over Deceptively-Branded Coffee

Elizabeth DiNardo, Esq. | Associate Counsel

On May 8, 2018, putative class claims were filed against popular coffee brand New England Coffee Co. (“New England”) and its parent company Reily Foods Co., alleging that the defendants deceptively marketed New England’s Hazelnut Crème coffee.

Kendall Jenner Radio Show Hit with Trademark Infringement Suit

Elizabeth DiNardo, Esq. | Associate Counsel

Reality star and model Kendall Jenner, along with New York-based DJ Daniel Chetrit and Apple Inc. are facing claims of trademark infringement in the Southern District of New York. Los Angeles-based artist Robert Karageuzian filed the suit on May 3, 2018. Karageuzian is the founder of PIZZABOYZZZ, an artist collective that manufactures clothing, decorative pins and other products all featuring a common pizza theme. The PIZZABOYZZZ collective also maintains a popular Instagram account with over 47,000 followers.