Phil-Am Food of Jersey City Sued for One Million Dollars
Lawsuit filed in New Jersey by wholesaler Phil-Am Trading against grocery store Phil-Am Food Merchandising for consumer fraud and false designation of origin.
Resulting settlement: PhilAm Food changes name to Filstop
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SEPARATE LAWSUIT (2 of 3)
MARIAN OSDON, RN v. ERWIN SANTOS
Essex County Courthouse, New Jersey: Lawsuit filed against Erwin Santos of Phil-Am Merchandising (PhilAm Food)
Ongoing as of October 2016
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SEPARATE LAWSUIT (3 of 3)
LAGASPI v. PHIL-AM MERCHANDISING et al
Defendants: FLORENTINA SANTOS, OLIVER SANTOS, PHIL-AM MERCHANDISING
Plaintiff: JAMIE DELEON LAGASPI
Case Number: 2:2013cv01168
Filed: February 26, 2013
Court: New Jersey District Court
Office: Newark Office
Referring Judge: Mark Falk
Presiding Judge: William J. Martini
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jaime was employed as kitchen staff at PhilAm (now known as Filstop). According to the lawsuit filed, he worked in excess of 40 hours a week, yet PhilAm willfully failed to pay him overtime compensation of one-half times the regular hourly rate, such failure being a violation of both the FLSA and the NJWPL.
According to Jaime, it was PhilAm’s standard policy and procedure not to pay overtime compensation to workers like him.
Legaspi estimated that over the years, there were hundreds similarly employed by PhilAm who did not receive the overtime pay mandated under the law.
“…there are approximately 300… most of whom would not be likely to file individual suits because they lack adequate financial resources, access to attorneys or knowledge of their claims.”
PhilAm “failed to make, keep, and preserve records with respect to each of its employees sufficient to determine the wages, hours, and other conditions and practices of employment in violation of the FLSA.”
Read the 14-page complaint here (PDF).
FLSA = Fair Labor Standards Act
NJWPL = New Jersey Wage Payment Law
LS FILIPINO MERCHANDISING INC
4201 Tonnelle Ave, North Bergen, NJ
Registered on August 21, 2015
State ID: 0450012311
Business type: Domestic Profit
FILSTOP INC / FILSTOP GROCERY
683 Newark Avenue, Jersey City, NJ
Online Retail Grocery Sore
Domestic Profit Corporation
HISTORY & BACKGROUND OF THE PHIL-AM FOOD SAGA
The original company Phil-Am Food Mart Inc. was founded in 1973 in Jersey City.
In 2002, Phil-Am Food Mart, Inc. underwent a corporate separation and reorganization, memorialized by fully executed written agreements, in which its retail division, wholesale distribution, and catering services were wholly and fully separated and transferred to three distinct, newly formed corporate entities.
1. The wholesale distribution division was transferred to Phil-Am Trading.
2. The retail division, without any right of wholesale distribution under the PHIL-AM name, was transferred to Phil-Am Merchandising.
3. The catering business was transferred to Casa Victoria, Inc.
The transfers expressly included all respective trademarks, tradenames, customer lists and all associated goodwill for each of the three businesses as applicable to each separate and distinct division.
Shortly after the corporate separation and reorganization, Phil-Am Food Mart, Inc. was dissolved.
The name and mark PHIL-AM has been continuously used in commerce in relation to wholesale distribution service and branded food products since at least 1974, and since the dissolution, exclusively by Phil-Am Trading except for Phil-Am Merchandising’s misappropriation.
The retail grocery store Phil-Am Merchandising branded itself as “Phil-Am Food” and crossed the line when it started offering wholesale services under the Phil-Am name, an action that went against what had been agreed to in written covenants.
In 2016, PhilAm Food was legally compelled to change its name to Filstop as part of the settlement in the million-dollar federal lawsuit filed against it. Judge John Michael Vazquez has kept a copy of the agreement, in consideration of Philam Food’s very egregious habit of reneging on negotiated settlements.