Lawsuits Against Phil-Am Food

PhilAm Food / Phil-Am Merchandising Inc. / Philam Merchandising
Address: 683 Newark Avenue, Jersey City

There are at least THREE (3) known lawsuits filed against PhilAm Food of New Jersey.

Note that this is the Jersey City grocery store, which has been accused in a federal lawsuit of encroaching on the legal rights of the Phil-Am wholesaler, a completely separate company that wants to have nothing to do with Philam Food and its business practices.


MARIAN OSDON v. ERWIN SANTOS (2015)

Lawsuit filed against PhilAm Food owner Erwin Santos and Phil-Am Merchandising

This is ongoing as of October 2016.

Docket information: http://www.judiciary.state.nj.us/


LAGASPI v. PHIL-AM MERCHANDISING et al

Defendant: FLORENTINA SANTOS, PHIL-AM MERCHANDISING and OLIVER SANTOS
Plaintiff: JAMIE DELEON LAGASPI
Case Number: 2:2013cv01168
Filed: February 26, 2013
Court: New Jersey District Court
Office: Newark Office
County: Hudson
Referring Judge: Mark Falk
Presiding Judge: William J. Martini
Cause of Action: Fair Labor Standards Act

Details can be found here:
filamericans.com/places/united-states/new-jersey/jersey-city/food/phil-am-food/


PHIL-AM TRADING, INC. v. PHIL-AM MERCHANDISING, INC.

Plaintiff: PHIL-AM TRADING, INC.
Defendant: PHIL-AM MERCHANDISING, INC.
Case Number: 2:2015cv07132
Filed: September 28, 2015
Court: New Jersey District Court
Office: Newark Office
County: Hudson
Referring Judge: Leda D. Wettre
Presiding Judge: Susan D. Wigenton
Cause of Action: 15:1125
Jury Demanded By: Plaintiff

Read the details: Phil-Am Trading wholesaler vs Phil-Am Food grocery store

(Lawsuit) Phil-Am Trading vs Philam Food

The East Coast’s leading Filipino American wholesaler Phil-Am Trading filed suit against grocery store Phil-Am Food Merchandising for encroaching on the wholesaler’s rights under the law.
 
In good faith, Trading expended a great deal of time and money in two attempts to settle the matter without the need for litigation. On both occasions, Phil-Am Trading and Phil-Am Food negotiated mutually acceptable settlement agreements, only to have Phil-Am Food (Erwin Santos) renege at the last minute without any real dispute as to the salient terms of settlement. Most recently, in September 2015, Phil-Am Food reneged on a fully negotiated settlement agreement.
 
Ultimately, Phil-Am Trading felt compelled to file this lawsuit in federal court in order to have the judiciary enforce the settlement agreement and ensure that Phil-Am Food adhere to the terms.

Damage award sought: no less than $1,000,000


The Phil-Am Food grocery store is owned by Erwin Santos with its registered corporate name actually being Phil-Am Merchandising. There are two other publicly known lawsuits filed against it and its owners, the Santos Family.

There are no known lawsuits filed against the wholesaler Phil-Am Trading or its owners, the Arcilla family. Vice President Derrick Arcilla is a graduate of Rutgers University with a degree in Economics.


For those familiar with this Jersey City scandal that involves two branches of one extended family, the small grocery store Phil-Am Food had long been in the shadow of the wholesaler Phil-Am Trading’s stellar reputation.

Phil-Am Food itself has reportedly been the subject of several state and federal investigations and/or sanctions for improper food handling, illegal food sales, and other violations. There was even a federal lawsuit filed based on the Fair Labor Standards Act, which alleged the failure to pay law-mandated overtime pay to hundreds of workers over the years.

Many Filipino-American retail stores who procure wholesale products, and even self-described friends of the Phil-Am Food principals, have come to assume that Phil-Am Food and Phil-Am Trading are one and the same operation or at least working in cooperation. Nothing could be further from the truth. There seems to be large-scale animosity (translation: HATE) between the two companies.

Original 21-page complaint filed by Phil-Am Trading to commence legal proceedings against PhilAm Food Merchandising is available for download in PDF here.

In the face of strong evidence and case law against it, Phil-Am Merchandising (Philam Food) agreed to a settlement agreement in May 2016, finalized in July 2016, which involved changing its name to Filstop Grocery / Filstop Inc. The associated wholesale company is LS Filipino Food Merchandising.