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Class Action Lawsuits: States
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Plaintiff brought a class action on behalf of companions similarly situated under 29 U.S.C. ยงยง 216(b), the Fair Labor Standards Act (the "FLSA"), who worked long hours for a hospital, often over 60 to 80 hours per week, but were designated as independent contractors and not paid the statutory time and a half for their services over 40 hours per week. Pendant class state claims include denial of overtime pay and spread of hours premium pay.
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O&G represents Kelvin Damassia, who filed a class action lawsuit against Duane Reade, Inc. for overtime violations in its drug stores throughout New York State. The suit, which was filed in federal court in New York, charges that the drug store chain, the largest in the New York metropolitan area, has engaged in a pattern of denying overtime to many of its employees by improperly categorizing them as exempt from the overtime requirements of the Fair Labor Standards Act and New York State Labor Law.
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On January 28, 2008, a class actionlawsuit was filed in the United States District Court for the SouthernDistrict of New York against SunOpta, Inc. (NASDAQ: STKL). The complaintalleges violations of federal securities laws, Sections 10(b) and 20(a) ofthe Securities Exchange Act of 1934 and Rule 10b-5, including allegationsof issuing a series of material misrepresentations to the market which hadthe effect of artificially inflating the market price. The class periodhas now been expanded to include those investors who bought or sold betweenMay 8, 2007 to January 25, 2008. MarketWire
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One court has noted that the class action is the only practical means for class members to receive redress, particularly where the claims are small. Another court has stated that, in a large and impersonal society, class actions are often the last barricade of consumer protection.
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A property damage single state class action for South Carolina residents who were evacuated from Graniteville, South Carolina, following a rail car collision and derailment. RPWB was recently appointed co-lead class counsel in the consolidated cases arising from this derailment and chemical spill.
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The president has described class action suits, in which a single person or a small group can represent the interests of thousands in court, as often frivolous. He said greedy lawyers had taken advantage of the state class action suit system by filing cases in places where they knew they could win big dollar verdicts, while their clients got only small sums or coupons giving them discounts for products of the company they just sued.
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