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Marc Primo Pulisci | Caddies file lawsuit against PGA Tour over use of ‘likeness and images’

04 Wednesday Feb 2015

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Below is the first part of an article by Dennis Dood from cbssports.com. It reads…

Professional golf caddies have filed a class-action, anti-trust lawsuit against the PGA Tour alleging improper use of the caddies’ “likenesses and images.”

The suit — similar to the landmark O’Bannon vs. NCAA action — seeks access to what it says is a revenue stream worth $50 million annually from caddies wearing of traditional “bibs” adorned with sponsors logos. The caddies are required to display those sponsors’ logos controlled by the Tour that derives revenue from them.

The suit was filed Tuesday in the same United States Northern District Court of California that was home to the O’Bannon class-action suit vs. the NCAA involving college athletes.

The caddies’ suit states that the tour denied them to profit from sponsors’ logos worn on bibs that are required by PGA without compensation. The plaintiffs — 82 current caddies from 19 US States and one Canadian province — say the sponsorship value of the bibs is worth $50 million.

“Caddies receive none of that revenue,” the suit states.

The suit seeks unspecified actual damages and royalties attributable to the Tour’s use of the caddies’ “likeness and images in commercial activities.”

The caddies’ suit is similar to O’Bannon in that it raises the same image and likeness issue. A district judge in August ruled that schools cannot cap the value of a football or men’s basketball scholarship below the actual cost of attendance. It also ruled schools can create a trust fund up to $5,000 per school year in exchange for their names, image and likeness (NIL).

The NCAA has appealed.

Unlike college athletics, caddies are considered independent contractors. They are not employed by the Tour but are subject to its rules. The suit states the Tour “denied caddies basic health care coverage and access to pension plans.” During tournament play caddies are forced to use “portable lavatories that lack running water…”

The class of caddie plaintiffs are led by veteran Mike Hicks who in his 33-year career has caddied for Payne Stewart, Greg Norman, Steve Stricker and Justin Leonard.

The caddies for top players Tiger Woods and Phil Mickelson are not included in the class. According to a source, caddies Joe LaCava (Woods) and Jim Mackay (Mickelson) are supportive but didn’t want to be included in the class to avoid distractions for their players.

LaCava is listed as a board member of the Association of Professional Tour Caddies (APTC) that was formed in November 2013. According to the lawsuit and news reports, the APTC was formed after a series of disagreements with the Tour.

At the Barclays in 2013, the suits states security personnel kicked caddies’ wives and family members out of a shelter during a rain stoppage.

Per the Tour’s Endorsement Policy, the suit states caddies have been forced to endorse sponsors “without remuneration.” The plaintiffs allege tour players have been contacted to determine if they would end their agreements with caddies who didn’t wear the proper bibs.

One top tour official is quoted as saying any discussion regarding compensation from bibs “is off the table.”

“This is simply about fairness and what is right,” said Kenny Harms, another plaintiff class representative and caddie for tour pro Kevin Na. “Any working professional deserves to be paid based on the income they generate. That’s not happening on the PGA Tour.

“The PGA Tour has historically told the caddies – who are independent contractors and not Tour employees – what endorsements they can and cannot have. It’s not much of stretch to foresee the PGA Tour trying to impose such exclusivity agreements on players at some point.”

The suit asks that the case should be assigned to the California Northern District because of its “vast experience adjudicating similar cases.” It lists landmark college cases involving former quarterback Sam Keller and O’Bannon.

The plaintiffs also filed a motion for a preliminary injunction that would prohibit the PGA from causing the caddies “irreparable harm” while the suit is considered.

The Tour did not immediately respond to a request for comment.

Source: here

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Marc Primo Pulisci | Antitrust – Class action – Dismissal

29 Thursday Jan 2015

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Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group

Below is the first part of an article by Tom Egan from Masslawyersweekly.com. It reads…

Where defendants filed a motion for voluntary dismissal of their appeal following class certification, the motion should be denied for three reasons. “… Defendants argue that because the underlying claims in this case have been resolved, with several defendants reaching settlements and others receiving a jury verdict in their favor, dismissal is appropriate. Defendants do not …

source: here

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INVESTOR ALERT: The Rosen Law Firm Announces Filing of Securities Class Action Against Nymox Pharmaceutical Corporation to Recover Investor Losses | Marc Primo Pulisci

26 Wednesday Nov 2014

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Below is the first part of an article Marc Primo Pulisci  is reading from Nasdaq.com. It reads…

NEW YORK, Nov. 25, 2014 (GLOBE NEWSWIRE) — The Rosen Law Firm announces that a class action lawsuit has been filed on behalf of purchasers of Nymox Pharmaceutical Corporation common stock (Nasdaq:NYMX) during the period from January 31, 2011 through November 2, 2014. The class action seeks to recover investors’ losses under the federal securities laws.

To join the Nymox class action, go to the website http://www.rosenlegal.com/cases-447.html or call Phillip Kim, Esq. or Kevin Chan, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or kchan@rosenlegal.com for information on the class action.

The lawsuit assert Nymox failed to disclose material information affecting the Phase 3 clinical trials for Nymox’s proprietary drug NX-1207 for the treatment of benign prostatic hyperplasia (BPH). Specifically, the Complaint alleges that Nymox misled investors by misrepresenting or concealing that: (1) that the Phase 3 trial results were not tangible or objective; (2) the difficulty in obtaining objective and measured results, (3) the small likelihood of enrolling sufficient patients for the trial; and (4) the trial had an unreasonably small chance of success.

On November 2, 2014, Nymox disclosed that its two Phase 3 studies of NX-1207 were halted because the drug failed to meets its primary endpoints for efficacy. On November 3, 2014, Nymox held an investor conference call in which it admitted it was aware of certain problems concerning the Phase 3 trials. As a result of this adverse information, Nymox’s share price dropped over $4.0/share or more than 80%, damaging investors.

– See more at: Here

 

Judge certifies class in class action against Texas hospital over allegedly unpaid meal breaks | Marc Primo Pulisci

20 Thursday Nov 2014

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Below is the first part of an article Marc Primo Pulisci is reading by Kyla ASbury from leagalnewsline.com…

GALVESTON, Texas (Legal Newsline) – A Texas federal judge has approved class certification in a class action lawsuit against Methodist Hospital for allegedly making thousands of nurses work through unpaid meal periods.

District Judge Lee Rosenthal approved the class certification on Nov. 14 for a class of “nurses employed at Methodist’s Texas Medical Center, Willowbrook or San Jacinto locations at any time during November 13, 2011 to the present, who were subject to an automatic deduction of their meal-break times and who were either interrupted or were subject to interruptions during a substantial number of their meal breaks,” according to the judge’s memorandum and order.

Methodist Hospital has until Dec. 12 to provide Joy Corcione with the names, current and last known addresses, telephone numbers and employment dates of the class members. A status conference will be held on Dec. 16.

Corcione, a nurse at Methodist Hospital, sued the hospital under the Fair Labor Standards Act and alleged the hospital improperly denied her and other nurses pay for meal break during which they were not completely relieved of job duties and denied them overtime compensation as a result.

source: here

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Former Duke worker seeks class action against the utility for alleged failure to pay overtime

30 Friday May 2014

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Below is the first part of article by Ivan Penn from tampabay.com. It reads…
A former Duke Energy Florida employee wants a Pinellas County Circuit Court judge to approve a class action case against the utility for allegedly failing to pay overtime to hourly workers.

The lawsuit was filed by Janet Farnham, who was hired to work for the utility from January 2012 to April 2014 through Allied Staff Augumentation Partners Inc., a Charlotte, N.C. base firm.

Farnham alleges Duke and Allied Staff, which also is named as a defendant in the suit, “had a policy and practice of requiring (Farnham) and similarly situated employees to work in excess of forty (40) hours each work week without paying them wages and/or overtime compensation as required by the (Fair Labor Standards Act of 1928).”

Source: http://www.tampabay.com/news/business/energy/former-duke-worker-seeks-class-action-against-the-utility-for-alleged/2182213
Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Myspace, Marc Primo Pulisci Blog, Marc Primo WordPress, Marc Primo Blog Marc Primo Quora Marc Primo Foursquare

 

Class action settlements fell sharply in 2013

14 Tuesday Jan 2014

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Below is the first part of an article by The HR Specialist from BusinessManagement.com. It reads…..

Although potentially ruinous wage-and-hour class-action lawsuits increased “significantly” in 2013, employers dug in their heels and wound up paying less than they have in years, according to a new report by the Seyfarth Shaw law firm.

Reason: A new legal landscape works against employee class-action suits, following key U.S. Supreme Court decisions. Result: 2013 class-action settlements were lower than they have been since 2006.

Last year, employees filed 12,311 discrimination class actions, almost 2,000 fewer than in 2012. Employee Retirement Income Security Act (ERISA) class actions—many accusing employers of mismanaging retirement funds—totaled 7,279. That’s 629 less than in 2012.

 Source here

Read more on this article: BizMan.com 1.13

Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo Twitter, Marc Primo Manta, Marc Primo Facebook, Marc Primo Squarespace, Marc Primo Dot Com, Marc Primo Pulisci Dot Com, Marc Primo Myspace, Marc Primo Pulisci Blog, Marc Primo WordPress, Marc Primo Blog;

Facebook charged with mining, selling user data in class-action suit

03 Friday Jan 2014

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Below is the first part of an article by Cheryl K. Chumley from washingtontimes.com. It reads…

Facebook has been named in a class-action suit over allegations the social media site takes users’ private messages and scans them for potential advertising purposes.

The suit was filed by in U.S. District Court for the Northern District of California this week.

Among the allegations, ZDNet reported: Facebook scans and monitors user messages that are supposed to be private, and then takes select content to generate profiles about online activity — which is then sold for profit to marketers and advertisers. Those advertisers then allegedly use the information to build and target ads specific to those users.

The complaint reads, ZDNet said: “Contrary to its representation, ‘private’ Facebook messages are systematically intercepted by the company in an effort to learn the contents of the users’ communications. … This practice enables Facebook to mine user data and profit from those data by sharing them with third parties — namely, advertisers, marketers and other data aggregators.”

Source: http://www.washingtontimes.com/news/2014/jan/3/facebook-charged-mining-selling-user-data-class-ac/#ixzz2pNX3sJSk
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Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo Twitter, Marc Primo Manta, Marc Primo Facebook, Marc Primo Squarespace, Marc Primo Pulisci Dot Com,   Marc Primo Dot Com Marc Primo Blog Marc Primo Pulisci Blog, Marc Primo Tumblr, Marc Primo Pulisci Tumblr

Class-action suit accuses TJX of not paying overtime

27 Friday Dec 2013

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Below is the first part of an article by Sam Bonacci from masslive.com. It reads

A lawsuit filed by two former assistant managers alleges that Framingham-based TJX violated federal laws by not paying overtime, according to the Worcester Business Journal.

The class-action suit was filed for New York Workers by two former employees who claim that they would be required to work 50 to 70 hours a week without compensation and that forced overtime without pay is common in TJX owned stores, reports the journal.

The suit is seeking compensation for the overtime hours. The plaintiffs have requested the courts require TJX supply a list of all assistant managers employed from 2011 on, reports the journal.

Source: http://www.masslive.com/news/worcester/index.ssf/2013/12/class-action_suit_accuses_tjx.html

Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo Twitter, Marc Primo Manta, Marc Primo Facebook, Marc Primo Squarespace, Marc Primo Pulisci Dot Com,   Marc Primo Dot Com Marc Primo Blog Marc Primo Pulisci Blog, Marc Primo Tumblr, Marc Primo Pulisci Tumblr

Hulu Suffers Setback in Privacy Class Action

24 Tuesday Dec 2013

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Below is the first part of an article by Robert Bork from thehollywoodreporter.com. It reads…

In 1987, a newspaper obtained a list of videotapes the then-Supreme Court nominee rented from his local store. That was before the last Blockbuster closed. And it was before citizens began self-publishing their intimate behavior on social networking sites. At the time, some were aghast at the privacy intrusion. Thereafter, Congress passed the Video Privacy Protection Act, intended to penalize the “wrongful disclosure of videotape rental or sales records.”

A lot has changed in the past 25 years, including the VPPA. Last year, after heavy tech industry lobbying, President Obama signed into law a VPPA amendment allowing companies to obtain consent for disclosure. Now, companies like Facebook or Netflix can avoid liability with a click of a user agreement.

Still, some digital entertainment companies are contending with VPPA lawsuits submitted before the changes.

Source: http://www.hollywoodreporter.com/thr-esq/hulu-suffers-setback-privacy-class-667530

Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo Twitter, Marc Primo Manta, Marc Primo Facebook, Marc Primo Squarespace, Marc Primo Pulisci Dot Com,   Marc Primo Dot Com Marc Primo Blog Marc Primo Pulisci Blog, Marc Primo Tumblr, Marc Primo Pulisci Tumblr

Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo Twitter, Marc Primo Manta, Marc Primo Facebook, Marc Primo Squarespace, Marc Primo Pulisci Dot Com,   Marc Primo Dot Com Marc Primo Blog Marc Primo Pulisci Blog, Marc Primo Tumblr, Marc Primo Pulisci Tumblr

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