/raid1/www/Hosts/bankrupt/CAR_Public/250213.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, February 13, 2025, Vol. 27, No. 32
Headlines
3M COMPANY: Berry Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Cole Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Mullis Sues Over Exposure to Toxic Film Forming Foams
3M COMPANY: Newton Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Richardson Sues Over Exposure to Toxic Chemicals
3M COMPANY: Tuiasosopo Sues Over Exposure to Toxic Chemicals
3M COMPANY: Wolf Sues Over Exposure to Toxic Film Forming Foams
AMERICA PAC: Crawford Suit Removed to D. Arizona
ANNA JACQUES HOSPITAL: Sewell Files Suit in D. Massachusetts
ANNA JACQUES HOSPITAL: Willette Files Suit in D. Massachusetts
ARAMARK: Continues to Defend Securities Class Suit in Georgia
ATKORE INC: Continues to Defend PVC Pipe Antitrust Class Suit
BAKER HUGHES: Continues to Defend Reckstin Family Trust Class Suit
BANK OF AMERICA: Class Cert Hearing in Giovanna Set for April 23
BATON CORPORATION: Aguilar Sues Over Unregistered Securities
BAY CENTER FOODS: Duarte Files Suit in Cal. Super. Ct.
BEYOND FINANCE: Ridgway Sues Over Unsolicited Text Messages
BOJANGLES' RESTAURANTS: Dougherty Sues Over Failure to Protect Data
BRONNER’S CHRISTMAS: Frost Sues Over Blind-Inaccessible Website
BUSPATROL AMERICA: Unlawfully Imposed Fines, Tsadik Says
CAPRI HOLDINGS: Continues to Defend Securities Class Suit in DE
CARSON CORPORATE: Lasco Files TCPA Suit in S.D. California
CHADWICK DOTSON: Class Settlement in Puryear Suit Gets Initial Nod
CHARLES KRYPELL: Fernandez Sues Over Blind-Inaccessible Website
COLLIER COUNTY SHERIFF'S OFFICE: Small Files Suit in M.D. Florida
COMMUNITY TREE SERVICE: Rios Suit Removed to N.D. California
CULLIGAN INTERNATIONAL: Rodriguez Suit Removed to S.D. California
DETROIT, MI: Good Business Sues Over Uncompensated Takings
DINE BRANDS: Website Inaccessible to Blind Users, Young Says
DUNE COMPANY: Garcia Files Suit in Cal. Super. Ct.
EL SEGUNDO HOTEL: Sombrerero Files Suit in Cal. Super. Ct.
EMIRATES: Plaintiffs Must Complete Depositions by March 7
ENVOY AIR INC: Bustillo Files Suit in Cal. Super. Ct.
EQUIFAX INFO: Class Cert Bid Filing in Bradberry Amended to July 1
FABLETICS INC: Dalton Sues Over Blind-Inaccessible Website
FALAYA LLC: Collins Files TCPA Suit in E.D. Texas
FCA US: Court Extends Deadline to File Class Cert Bid
FCA US: Filing for Class Cert Bid in Crowell Suit Due Oct. 22
FEDEX GROUND: Depina Seeks Reconsideration of Class Cert Denial
FLEETPRIDE INC: Banuelos Files Suit in Cal. Super. Ct.
FLIXBUS INC: Washington Files Suit in S.D. California
FOX CORP: Continues to Defend Video Privacy Protection Class Suit
FREEDOM DEBT: Salaiz Files TCPA Suit in W.D. Texas
FULLWEL MGMT. III: Span Files Suit in Ill. Ct.
GAP INCORPORATED: Sanchez Files TCPA Suit in D. Arizona
GEORGIA: Rowe Suit Seeks to Certify Rule 23 Class
GERBER CHILDRENSWEAR: Watler Files Suit Over TCPA Violation
GOLDEN HEAVEN: Faces Consolidated Action Over SEC Disclosures
GRAVY ANALYTICS: Akes Sues Over Failure to Protect Information
GREENWICH HOMECARE: Shorter Must File Class Cert. Bid by Sept. 11
GRI-EQY: Brito Sues Over Inaccessible Property
HY CITE ENTERPRISES: Rizo Suit Removed to S.D. Florida
ICON CREATIVE: Wilson Sues Over Unsolicited Text Messages
INMODE LTD: Continues to Defend Cement Masons Class Suit
INNOVAGE HOLDING: Court Stays Suit vs WCAS
INTEL CORP: Vanvalkenburgh Suit Transferred to D. Delaware
JOHN RUSSELL: Bowers Wins Class Certification Bid
JUDAS TADEO: Mencos Sues Over Unpaid Minimum, Overtime Wages
KAIS & SKAN INC: Boujamaai Files Suit in Cal. Super. Ct.
NELK INC: Failed to Provide Return on Investment, Smith Says
PARAGON SYSTEMS: Robertson Suit Removed to N.D. California
PARNELL CONSULTANTS: Sutterlin Sues to Recover Unpaid Wages
PAYPAL HOLDINGS: Browser Extension Steals Referral Fees, White Says
PAYPAL INC: Court Consolidates Cases with WPL Suit
PF CALI: Strandholt Seeks to Continue Class Cert Bid Filing
POWERSCHOOL GROUP: Fails to Protect Personal Info, Allen Says
PROVIDENCE HEALTH: Halter Suit Transferred to W.D. Washington
SKECHERS USA: Faces Colby Suit Over Fake Sale Prices
SXB RESTAURANT: Molina Sues Over Failure to Pay Proper Wages
TELEFLORA LLC: Thayer Files Suit Over Hidden Fees
TRIPLE CANOPY: Villalovos Labor Suit Removed to N.D. Calif.
TVI INC: Hughes Must File Class Cert Bid by July 31
U.S. PAROLE: Seeks March 10 Extension to File Opposition
UMPQUA BANK: Seeks to Decertify Class in Camenisch Suit
UMR INC: Must Oppose Class Cert Bid by March 4
VISA INC: Faces SK8-BRD-BMX Suit Over Debit Market Conspiracy
VOLKSWAGEN GROUP: Worthington Balks at Oil Consumption Defect
ZILLOW INC: Wilson Files TCPA Suit in W.D. Wash.
[^] Class Action Conference Opening Night Cocktail Reception May 7
*********
3M COMPANY: Berry Sues Over Exposure to Toxic Chemicals & Foams
---------------------------------------------------------------
Norma Berry, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00147-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Cole Sues Over Exposure to Toxic Chemicals & Foams
--------------------------------------------------------------
Andrew Cole, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00137-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Mullis Sues Over Exposure to Toxic Film Forming Foams
-----------------------------------------------------------------
Kenneth Mullis, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00142-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Newton Sues Over Exposure to Toxic Aqueous Foams
------------------------------------------------------------
Daniel Newton, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00138-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Richardson Sues Over Exposure to Toxic Chemicals
------------------------------------------------------------
Fred Richardson, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00148-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Tuiasosopo Sues Over Exposure to Toxic Chemicals
------------------------------------------------------------
John Tuiasosopo, and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00144-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Wolf Sues Over Exposure to Toxic Film Forming Foams
---------------------------------------------------------------
Jake Wolf, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:25-cv-00146-RMG (D.S.C., Jan. 7, 2025), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
AMERICA PAC: Crawford Suit Removed to D. Arizona
------------------------------------------------
The case captioned as Patricia Crawford, for herself and behalf of
all others similarly situated v. America PAC; and John and Jane
Does 1-10; and Does 1-10, TCPA violations, Case No. CV2024-034055
was removed from the Maricopa County Superior Court, to the United
States District Court for the District of Arizona on Jan. 31, 2025,
and assigned Case No. 2:25-cv-00338-DGC.
The grounds for removal are that the Complaint pleads a single
claim, which arises under the laws of the United States,
specifically, the Telephone Consumer Protection Act ("TCPA").[BN]
The Defendant is represented by:
Kory Langhofer, Esq.
Thomas Basile, Esq.
STATECRAFT PLLC
649 North Fourth Avenue, First Floor
Phoenix, AZ 85003
Phone: (602) 382-4078
Email: kory@statecraftlaw.com
tom@statecraftlaw.com
ANNA JACQUES HOSPITAL: Sewell Files Suit in D. Massachusetts
------------------------------------------------------------
A class action lawsuit has been filed against Anna Jacques
Hospital. The case is styled as Angela Sewell, Individually and on
behalf of all others similarly situated v. Anna Jacques Hospital,
Case No. 1:25-cv-10234-IT (D. Mass., Jan. 30, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Anna Jaques Hospital -- https://ajh.org/ -- offers primary care,
emergency care, and more to residents.[BN]
The Plaintiffs are represented by:
Randi A. Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 741-5600
Fax: (516) 741-0128
Email: rkassan@milberg.com
ANNA JACQUES HOSPITAL: Willette Files Suit in D. Massachusetts
--------------------------------------------------------------
A class action lawsuit has been filed against Anna Jacques
Hospital. case is styled as Joshua Willette, Individually, and on
behalf of all others similarly situated v. Anna Jacques Hospital
doing business as: Beth Israel Lahey Health Anna Jaques Hospital,
Beth Israel Lahey Health, Inc., Case No. 1:25-cv-10039-IT (D.
Mass., Jan. 7, 2025).
The case type is stated as Other P.I. for Personal Injury.
Anna Jaques Hospital -- https://ajh.org/ -- offers primary care,
emergency care, and more to residents.[BN]
The Plaintiff is represented by:
James J. Reardon, Jr., Esq.
REARDON SCANLON LLP
45 South Main St., 3rd Floor
West Hartford, CT 06107
Phone: (860) 955-9455
Fax: (860) 920-5242
Email: james.reardon@reardonscanlon.com
ARAMARK: Continues to Defend Securities Class Suit in Georgia
-------------------------------------------------------------
The Aramark disclosed in its Form 10-Q Report for the quarterly
period ending December 27, 2024 filed with the Securities and
Exchange Commission on February 4, 2025, that the company continues
to defend itself from securities class suit in the United States
District Court for the Northern District of Georgia.
On May 17, 2024, a purported shareholder of Vestis, the Company's
former Uniform segment that was spun-off from Aramark in September
2023, commenced a putative class action lawsuit against Vestis and
certain of its officers in the United States District Court for the
Northern District of Georgia on behalf of purchasers of Vestis'
common stock between October 2, 2023 and May 1, 2024.
The complaint alleges claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, based on allegedly false or
misleading statements generally related to Vestis' business and
operations, pricing practices, and financial results and outlook.
The lawsuit seeks unspecified damages and other relief.
On November 22, 2024, the complaint was amended to add the Company
and its Chief Executive Officer as additional defendants.
The Company intends to vigorously defend this matter.
Aramark is a leading global provider of food and facilities
services to education, healthcare, business & industry and sports,
leisure & corrections clients.
ATKORE INC: Continues to Defend PVC Pipe Antitrust Class Suit
-------------------------------------------------------------
The Atkore Inc. disclosed in its Form 10-Q Report for the quarterly
period ending December 27, 2024 filed with the Securities and
Exchange Commission on February 3, 2025, that the company continues
to defend itself from PVC Pipe Antitrust Suit in the United States
District Court for the Northern District of Illinois.
In the fourth quarter of fiscal 2024, the Company has been named a
defendant in several putative class action lawsuits, consolidated
under the caption In re: PVC Pipe Antitrust Litigation (N.D. Ill.
24-cv-07639), seeking injunctive and monetary relief on behalf of
both direct and indirect purchasers of PVC water pipe and PVC
conduit.
The suits generally allege anticompetitive conduct related the
price of PVC pipes sold in the United States between approximately
2021 and the present.
Specifically, the complaints allege that the defendant PVC pipe
manufacturers improperly shared otherwise confidential information
through their contribution of information to, and readership of, a
weekly report called "PVC & Pipe Weekly" published by defendant Oil
Price Information Service, LLC ("OPIS"), as well as through direct
communications with each other. The complaints claim that this
conspiracy violated Section 1 of the Sherman Act and certain state
laws.
All cases are pending in federal court for the Northern District of
Illinois.
The Company believes there are defenses, both factual and legal, to
the allegations in these various proceedings and the Company plans
to vigorously defend itself.
Atkore, Inc. manufactures and supplies metal products and
electrical raceway solutions. The Company offers steel tubes and
pipes, electrical conduit, armored wire and cable, cable trays,
metal framing systems, and building components.[BN]
BAKER HUGHES: Continues to Defend Reckstin Family Trust Class Suit
------------------------------------------------------------------
The Baker Hughes Co. disclosed in its Form 10-K Report for the
annual period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 4, 2025, that the company
continues to defend itself from the Reckstin Family Trust class
suit in the United States District Court for the Northern District
of California.
On or around February 15, 2023, the lead plaintiff and three
additional named plaintiffs in a putative securities class action
styled The Reckstin Family Trust, et al., v. C3.ai, Inc., et al.,
No. 4:22-cv-01413-HSG, filed an amended class action complaint (the
"Amended Complaint") in the United States District Court for the
Northern District of California. The Amended Complaint names the
following as defendants: (i) C3.ai., Inc. ("C3 AI"), (ii) certain
of C3 AI's current and/or former officers and directors, (iii)
certain underwriters for the C3 AI initial public offering (the
"IPO"), and (iv) the Company, and its President and CEO (who
formerly served as a director on the board of C3 AI).
The Amended Complaint alleges violations of the Securities Act of
1933 ("the Securities Act") and the Securities Exchange Act of 1934
(the "Exchange Act") in connection with the IPO and the subsequent
period between December 9, 2020 and December 2, 2021, during which
BHH LLC held equity investments in C3 AI.
The action seeks unspecified damages and the award of costs and
expenses, including reasonable attorneys' fees.
On February 22, 2024, the Court dismissed the claims against the
Company.
However, on April 4, 2024, the plaintiffs filed an amended
complaint, reasserting their claims against the Company under the
Securities Act and the Exchange Act.
At this time, the Company is not able to predict the outcome of
these proceedings.
Baker Hughes Company is an energy technology company with a
diversified portfolio of technologies and services that span the
energy and industrial value chain. C3.ai, Inc. is an enterprise
artificial intelligence (AI) software provider with prebuilt and
configurable AI applications for business use.
BANK OF AMERICA: Class Cert Hearing in Giovanna Set for April 23
----------------------------------------------------------------
In the class action lawsuit captioned as JEAN LU, GIOVANNA BOLANOS,
and CLAUDE GRANT individually and on behalf of all others similarly
situated, v. BANK OF AMERICA, N.A., Case No. 3:23-cv-04027-JCS
(N.D. Cal.), the Hon. Judge Joseph Spero entered an order on the
following class certification briefing schedule:
1. The Plaintiffs' motion for class Jan. 31, 2025
certification shall be filed on
or before:
2. The Defendant's opposition shall March 5, 2025
be filed on or before:
3. The Plaintiffs' reply shall be March 26, 2025
filed on or before:
4. The hearing on Plaintiffs' motion April 23, 2025
for class certification shall
be set for:
Bank of America is the second-largest banking institution in the
United States and the second-largest bank in the world by market
capitalization.
A copy of the Court's order dated Jan. 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GmG1at at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason S. Hartley, Esq.
Jason M. Lindner, Esq.
HARTLEY LLP
101 West Broadway, Suite 820
San Diego, CA 92101
Telephone: (619) 400-5822
E-mail: hartley@hartleyllp.com
lindner@hartleyllp.com
- and -
George A. Hanson, Esq.
Alexander T. Ricke, Esq.
Caleb J. Wagner, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: hanson@stuevesiegel.com
ricke@stuevesiegel.com
wagner@stuevesiegel.com
The Defendant is represented by:
Adam P. KohSweeney, Esq.
Chelsea E. Espiritu, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: (415) 984-8700
Facsimile: (415) 984-8701
E-mail: akohsweeney@omm.com
cespiritu@omm.com
BATON CORPORATION: Aguilar Sues Over Unregistered Securities
------------------------------------------------------------
Diego Aguilar, on behalf of himself and all others similarly
situated v. BATON CORPORATION LTD, d/b/a PUMP.FUN, ALON COHEN,
DYLAN KERLER, and NOAH BERNHARD HUGO TWEEDALE, Case No.
1:25-cv-00880 (S.D.N.Y., Jan. 30, 2025), is brought under the
Securities Act of 1933 (the "Securities Act"), as a federal
securities action on behalf of a Class of all purchasers of the
Tokens alleging claims against the Defendants for offering and/or
selling the Tokens, which are and were unregistered securities.
Pump.Fun has extracted nearly half a billion dollars in fees from
investors by selling highly-volatile unregistered securities. In
reality, Pump.Fun has experienced rapid growth through a novel
marketing technique driven by what is benignly termed the attention
economy, which includes memetic themes, and internet culture. This
guerrilla marketing has supported the mass adoption of unregistered
security memecoins, including those that are the subject of this
case.
Pump.Fun also captures attention and attracts users by providing
the technical tools, infrastructure, and interfaces to manage a
marketplace of other digital asset unregistered securities that
promote child abuse, potentially underage pornography,
antisemitism, racism, self-harm, advocating violence, the continued
and ongoing use of unlicensed intellectual property, including
likenesses of law firms, or any other means of pumping a Token's
price, hence the name Pump.Fun.
Since January 19, 2024, the Defendants have orchestrated this
scheme by providing automated tools that allow anyone to create and
sell nearly worthless digital Tokens in minutes. In addition to
Pump.Fun's unique marketing techniques, the platform enables minors
to both issue and purchase unregistered securities. Pump.Fun omits
basic investor protections, including Know Your Customer
procedures, anti-money laundering protocols, and risk disclosures,
says the complaint.
The Plaintiff purchased the First Convicted Raccoon Token, the FWOG
Token, and the GRIFFAIN Token, all of which are Tokens, and was
damaged thereby.
Baton Corporation Ltd. is a private limited company organized under
the laws of the United Kingdom.[BN]
The Plaintiff is represented by:
Chet B. Waldman, Esq.
Joshua W. Ruthizer, Esq.
Terrence Zhang, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
Phone: (212) 759-4600
Email: cwaldman@wolfpopper.com
jruthizer@wolfpopper.com
tzhang@wolfpopper.com
- and -
Max Burwick, Esq.
BURWICK LAW, PLLC
43 West 43rd Street, Suite 114
New York, NY 10036
Email: max@burwick.law
BAY CENTER FOODS: Duarte Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Bay Center Foods,
LLC. The case is styled as Rocio Cortez Duarte, on behalf of
herself and others similarly situated v. Bay Center Foods, LLC,
Case No. 25STCV02830 (Cal. Super. Ct., Los Angeles Cty., Jan. 31,
2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Bay Center Foods -- https://www.baycenterfoods.com/ -- provides
Chick-fil-A restaurants with unmatched lemon juice.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
BEYOND FINANCE: Ridgway Sues Over Unsolicited Text Messages
-----------------------------------------------------------
Justin Ridgway, individually and on behalf of all others similarly
situated v. BEYOND FINANCE, LLC, Case No. 4:25-cv-00429 (S.D. Tex.,
Feb. 1, 2025), is brought pursuant to the Telephone Consumer
Protection Act (the "TCPA") as a result of the Defendant's
unsolicited text messages.
To promote its goods and services, Defendant engages in unsolicited
text messaging and continues to text message consumers after they
have opted out of Defendant's solicitations. Through this action,
Plaintiff seeks injunctive relief to halt Defendant's illegal
conduct, which has resulted in the invasion of privacy, harassment,
aggravation, and disruption of the daily life of thousands of
individuals. Plaintiff also seeks statutory damages on behalf of
Plaintiff and members of the Class, and any other available legal
or equitable remedies, says the complaint.
The Plaintiff is a natural person and resident of California.
The Defendant is a Delaware Corporation with its principal address
located in Houston, Texas.[BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Phone: 954.400.4713
Email: mhiraldo@hiraldolaw.com
BOJANGLES' RESTAURANTS: Dougherty Sues Over Failure to Protect Data
-------------------------------------------------------------------
Alexis Dougherty, Dennis Calabrese, Lily Nicole Portee, Jessie Ruiz
Jacobs, Peter Bungert, Christie Starnes, Kassandra Blankenship,
James Higgins, and Leonardo Yon, on behalf of themselves and all
others similarly situated v. BOJANGLES' RESTAURANTS, INC., Case No.
3:25-cv-00065 (W.D.N.C., Jan. 30, 2025), is brought arising from
Defendant's failure to protect highly sensitive data.
As such, Defendant stores a litany of highly sensitive personal
identifiable information ("PII") and protected health information
("PHI")--together "PII/PHI"--about its current and former
employees. But Defendant lost control over that data when
cybercriminals infiltrated its insufficiently protected computer
systems in a data breach (the "Data Breach").
It is unknown for precisely how long the cybercriminals had access
to Defendant's network before the breach was discovered. In other
words, Defendant had no effective means to prevent, detect, stop,
or mitigate breaches of its systems—thereby allowing
cybercriminals unrestricted access to its current and former
employees' PII/PHI.
On information and belief, cybercriminals were able to breach
Defendant's systems because Defendant failed to adequately train
its employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class's PII/PHI. In
short, Defendant's failures placed the Class's PII/PHI in a
vulnerable position--rendering them easy targets for
cybercriminals, says the complaint.
The Plaintiffs are Data Breach victims, having received a breach
notice.
The Defendant is a fast-food chain "specializing in craveable
Southern chicken, biscuits and tea" and has approximately 800
locations across 17 states.[BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
Phone: (919) 600-5003
Fax: (919) 600-5035
Email: sharris@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 332-4200
Email: ostrow@kolawyers.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago IL, 60611
Phone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
- and -
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N300
Newtown, PA 18940
Phone: (215) 867-2399
Email: medelson@edelson-law.com
- and -
Jason S. Rathod, Esq.
Nicholas A. Migliaccio, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street, NE, Suite 302
Washington, D.C. 20002
Phone: 202-470-3520
Fax: 202-800-2730
Email: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
212 W. Spring Valley Rd.
Richardson, TX 75081
Phone: (405) 235-1560
Email: wbf@federmanlaw.com
jaw@federmanlaw.com
- and -
Terence Coates, Esq.
Spencer D. Campbell, Esq.
MARKOVITS, STOCK & DEMARCO-CINCINNATI
119 East Court Street, Ste. 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: tcoates@msdlegal.com
scampbell@msdlegal.com
BRONNER’S CHRISTMAS: Frost Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Bronner’s Christmas, LLC, Case No.
0:25-cv-00375 (D. Minn., Jan. 31, 2025), is brought arising because
the Defendant's Website (www.bronners.com) is not fully and equally
accessible to people who are blind or who have low vision in
violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act (the "ADA") and
the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and have been legally blind and are therefore
disabled.
The Defendant offers Christmas-themed products for sale including,
but not limited to, Christmas ornaments, artificial Christmas
trees, Christmas lights, Nativity scenes, Christmas decorations,
collectibles, accessories, and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
BUSPATROL AMERICA: Unlawfully Imposed Fines, Tsadik Says
--------------------------------------------------------
GUY TSADIK, on behalf of himself and all others similarly situated,
Plaintiff v. BUSPATROL AMERICA, LLC, Defendant, Case No.
2:25-cv-00496 (E.D.N.Y., January 29, 2025) is a putative class
action brought by the Plaintiff against the Defendant seeking
damages sustained by members of the Class as a direct result of
Defendant's unlawful conduct, including but not limited to such
conduct, in violation of New York Vehicle and Traffic Law, Town of
Hempstead Code.
According to the complaint, Defendant BusPatrol either directly or
indirectly installed school bus cameras onto school buses for
school districts that did not come to an agreement with the Town of
Hempstead, and as a result, the Plaintiff and countless other Class
members received Notice of Liabilities to pay fines for violations
of law to which they are not subject to.
The Defendant has thus unlawfully imposed fines upon Plaintiff and
the Class by falsely representing that such fines are in accordance
with the laws -- in reality, without an agreement with a given
school district, the imposition of such fines within that district
is legally unauthorized, says the suit.
The Plaintiff improperly received a Notice of Liability on at least
two separate occasions pursuant to VTL and/or Town Code as a result
of a mobile school bus photo violation monitoring system that was
installed or operated on a school bus in a local where the school
district didn't enter into an agreement for such installation and
operation.
BusPatrol is a private, for-profit company that offers services to
local governments pursuant to which it inter alia gathers evidence;
identifies violations; issues notices; compiles evidence packets;
and collects and disburses penalties.[BN]
The Plaintiff is represented by:
Joshua M. Lifshitz, Esq.
LIFSHITZ LAW PLLC
1190 Broadway
Hewlett, NY 11557
Telephone: (516) 493-9780
Facsimile: (516) 280-7376
E-mail: jlifshitz@lifshitzlaw.com
CAPRI HOLDINGS: Continues to Defend Securities Class Suit in DE
---------------------------------------------------------------
CAPRI Holdings Ltd. disclosed in its Form 10-Q Report for the
quarterly period ending December 28, 2024 filed with the Securities
and Exchange Commission on February 5, 2025, that the Company
continues to defend itself from a securities class suit in the
United States District Court for the District of Delaware.
On December 23, 2024 and January 28, 2025, two purported
shareholders of Capri filed putative class action complaints in the
United States District Court for the District of Delaware against
Capri, Tapestry and certain of their officers (including John D.
Idol, the Company's Chairman and Chief Executive Officer, and
Thomas J. Edwards, Jr., its Chief Financial and Chief Operating
Officer) alleging violations of the federal securities laws based
on public statements relating to the previously terminated merger
between Capri and Tapestry ("the Federal Securities Law
Complaints").
The Federal Securities Law Complaints seek to bring federal
securities claims on behalf of a class of all persons who purchased
Capri stock and sold Capri puts between August 10, 2023 and October
24, 2024.
The Company may incur substantial costs defending these Federal
Securities
Law Complaints (or other similar actions), and it cannot provide
assurance regarding the outcome of these Federal Securities Law
Complaints or any similar matters.
Capri Holdings (NYSE: CPRI) is a global fashion luxury group
consisting of iconic, founder-led brands Versace, Jimmy Choo and
Michael Kors. The Company is incorporated in the British Virgin
Islands, with executive offices in London and operational offices
in New York. It was founded in 1981 by American designer Michael
Kors.
CARSON CORPORATE: Lasco Files TCPA Suit in S.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Carson Corporate
Fitness, Inc. The case is styled as Bernarduz Lasco, individually
and on behalf of all those similarly situated v. Carson Corporate
Fitness, Inc., Case No. 3:25-cv-00228-BAS-KSC (S.D. Cal., Jan. 31,
2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Carson Health & Fitness Ltd is an active company.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
CHADWICK DOTSON: Class Settlement in Puryear Suit Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as LESLIE PURYEAR, on behalf
of himself and all those similarly situated, V. CHADWICK DOTSON, in
his individual capacity, HAROLD CLARKE, in his individual capacity,
Case No. 3:24-cv-00479-REP (E.D. Va.), the Hon. Judge Robert Payne
entered an order granting preliminary approval of proposed class
action settlement, provisional certification of class, and approval
of notice:
For purposes of resolution of claims for monetary relief, pursuant
to Rules 23(a) and 23(b)(3) of the Federal Rules the following
class Settlement Class") of Civil Procedure (the all is
provisionally certified for purposes of Settlement only):
"Individuals in the custody of the Virginia Department of
Corrections ("VDOC") as of July 1, 2022 serving sentences
for an inchoate crime associated with robbery or carjacking;
who were not awarded expanded earned sentence credits
("ESCs") on those inchoate offenses under Virginia Code
section 53.1-202.3(B), as amended; who were released from
VDOC custody on or before Nov. 30, 2023; who would have been
released earlier than they were had they been awarded the
expanded earned sentence credits as of July 1, 2022; and who
were denied expanded ESCs solely because of their inchoate
robbery and/or carjacking offense."
The Plaintiff's Counsel and Plaintiff Leslie Puryear are Reiman
Colfax appointed to represent the Settlement Class. PLLC is hereby
appointed as Plaintiff's Counsel.
On May 5, 2025, the Plaintiff shall move the Court to enter an
Order and final judgment and shall file a memorandum addressing any
timely-filed written objections to the Settlement.
A copy of the Court's order dated Jan. 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RFeWqq at no extra
charge.[CC]
CHARLES KRYPELL: Fernandez Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Jacqueline Fernandez, on behalf of himself and all others similarly
situated v. CHARLES KRYPELL, INC., Case No. 1:25-cv-00890
(S.D.N.Y., Jan. 30, 2025), is brought against Defendant for the
failure to design, construct, maintain, and operate Defendant's
website, www.charleskrypell.com (the "Website"), to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people.
The Defendant's denial of full and equal access to the Website, and
therefore denial of the goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). The Defendant's website is not equally
accessible to blind and visually impaired consumers; therefore,
Defendant is in violation of the ADA. The Plaintiff now seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that the Defendant's Website
will become and remain accessible to blind and visually-impaired
consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which Defendant ensures the delivery of
such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: mrozenberg@steinsakslegal.com
COLLIER COUNTY SHERIFF'S OFFICE: Small Files Suit in M.D. Florida
-----------------------------------------------------------------
A class action lawsuit has been filed against Collier County
Sheriff's Office, et al. The case is styled as Lonnie Lee Small,
Jr., and others similarly situated v. Collier County Sheriff's
Office, Collier County Jail Center, Case No. 2:25-cv-00078-JLB-NPM
(M.D. Fla., Jan. 31, 2025).
The nature of suit is stated as Prison Condition for Prisoner Civil
Rights.
The Collier County Sheriff's Office --
https://www.colliersheriff.org/ -- is a professional and
progressive law enforcement agency located in beautiful Southwest
Florida.[BN]
The Plaintiff appears pro se.
COMMUNITY TREE SERVICE: Rios Suit Removed to N.D. California
------------------------------------------------------------
The case captioned as Ignacio Rios, as an individual and on behalf
of all others similarly situated v. COMMUNITY TREE SERVICE, LLC, a
California limited liability company; and DOES 1 through 100,
inclusive, Case No. 24CV005091 was removed from the Superior Court
of the State of California for the County of Monterey, to the
United States District Court for the Northern District of
California on Jan. 31, 2025, and assigned Case No. 3:25-cv-01034.
The Complaint pleads a single cause of action for violation of the
California Private Attorney’s General Act (“PAGA”), Labor
Code section 2698, et seq., seeking civil penalties for alleged
violations by Defendant of: Labor Code §§ 1194, 1194.2, and 1197
by failing to pay Plaintiff and other aggrieved employees the
statutory minimum wage for all hours worked; Labor Code Section 226
by failing to furnish Plaintiff and other aggrieved employees with
accurate and compliant itemized wage statements; and Labor Code
Section 1174 by failing to maintain accurate records on behalf of
Plaintiff and other aggrieved employees.[BN]
The Defendant is represented by:
Blake R. Bertagna, Esq.
PAUL HASTINGS LLP
1920 Main Street, Suite 400
Irvine, CA92614
Phone: (714) 668-6200
Facsimile: (714) 979-1921
Email: blakebertagna@paulhastings.com
CULLIGAN INTERNATIONAL: Rodriguez Suit Removed to S.D. California
-----------------------------------------------------------------
The case is styled as Rebeka Rodriguez, individually and on behalf
of all others similarly situated v. Culligan International Company
doing business as: WWW.CULLIGAN.COM, Case No. 24CU029212C was
removed from the Superior Court of California, County of San Diego,
to the U.S. District Court for the Southern District of California
on Jan. 31, 2025.
The District Court Clerk assigned Case No. 3:25-cv-00225-AJB-KSC to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Culligan -- https://www.culligan.com/ https://www.culligan.com/ --
provides water treatment systems & solutions for homes and
businesses.[BN]
The Plaintiff is represented by:
David W. Reid, Esq.
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: dreid@pacifictrialattorneys.com
sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
The Defendant is represented by:
Bethany Gayle Lukitsch, Esq.
Kamran Ahmadian, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067
Phone: (310) 820-8800
Fax: (310) 820-8859
Email: blukitsch@bakerlaw.com
kahmadian@bakerlaw.com
DETROIT, MI: Good Business Sues Over Uncompensated Takings
----------------------------------------------------------
Good Business or No Business LLC and all those similarly situated
v. CITY OF DETROIT, Case No. 2:25-cv-10308-LJM-EAS (E.D. Mich.,
Feb. 2, 2025), is brought against the Defendants uncompensated
takings which violate the Fifth Amendment to the United States
Constitution and the state constitutional equivalent in Michigan.
The Takings Clause protects the time value of money (as property)
just as much as it does property rights themselves. The Defendant
CITY OF DETROIT is a voluntary participant in a common
government--defined program known as the Fire Insurance Withholding
("FIW") Program, which seizes and then escrows up to twenty-five
percent, with some caps in certain circumstances, of insurance
settlement proceeds resulting from fire and certain others losses
as to real property. Despite taking private property, Defendant
CITY OF DETROIT also does not pay the time value of money during
that period when those seized insurance policy proceeds are or were
escrowed, says the complaint.
The Plaintiff GOOD BUSINESS OR NO BUSINESS LLC is a Michigan
limited liability company who is the owner of seized insurance
policy proceeds resulting from a fire at 950 Mount Vernon in
Detroit, Michigan.
CITY OF DETROIT is a municipal entity formed under the laws of the
State of Michigan.[BN]
The Plaintiff is represented by:
Philip L. Ellison, Esq.
OUTSIDE LEGAL COUNSEL PLC
PO Box 107
Hemlock, MI 48626
Phone: (989) 642-0055
Email: pellison@olcplc.com
- and -
Matthew E. Gronda, Esq.
GRONDA PLC
4800 Fashion Sq Blvd, Ste 200
Saginaw, MI 48604
Phone: (989) 233-1639
Email: matt@matthewgronda.com
DINE BRANDS: Website Inaccessible to Blind Users, Young Says
------------------------------------------------------------
LESHAWN YOUNG, on behalf of herself and all other persons similarly
situated, Plaintiff v. DINE BRANDS GLOBAL, INC., Defendant, Case
No. 1:25-cv-00908 (S.D.N.Y., January 30, 2025) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://www.applebees.com/en, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
January 17, 2025, in an attempt to purchase an 8oz Top Sirloin
Steak from Defendant and to view the information on the website,
the Plaintiff encountered multiple access barriers that denied
Plaintiff a shopping experience similar to that of a sighted person
and full and equal access to the goods and services offered to the
public and made available to the public. She was unable to locate
pricing and was not able to add the item to the cart due to broken
links, pictures without alternate attributes and other barriers on
Defendant's website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Dine Brands Global, Inc. operates the website that provides
consumers with access to an array of goods and services including
information about Defendant's food, beverage, and catering.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
DUNE COMPANY: Garcia Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Dune Company of
Imperial Valley, LLC, et al. The case is styled as Adrian Garcia,
an individual and on behalf of all others similarly situated v.
Dune Company of Imperial Valley, LLC, et al., Case No. ECU003940
(Cal. Super. Ct., Imperial Cty., Jan. 31, 2025).
The case type is stated as "Civil Unlimited."
The Dune Company of Imperial Valley provides a complete range of
crop protection products, fertilizers and application.[BN]
EL SEGUNDO HOTEL: Sombrerero Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against El Segundo Hotel
Investments, Inc. The case is styled as Maria Sanchez Sombrerero,
individually and on behalf of all others similarly situated v. El
Segundo Hotel Investments, Inc., Imperial Inc., Case No.
25TRCV00333 (Cal. Super. Ct., Los Angeles Cty., Jan. 30, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
El Segundo Hotel Investments Inc. is in the Hotels (except Casino
Hotels) and Motels industry.[BN]
The Plaintiff is represented by:
Vache A. Thomassian, Esq.
KJT LAW GROUP LLP
230 N. Maryland Ave. Suite 306
Glendale, CA 91206
Phone: 818.507.8525
Email: vache@kjtlawgroup.com
EMIRATES: Plaintiffs Must Complete Depositions by March 7
---------------------------------------------------------
In the class action lawsuit captioned as FARAH, et al., v.
Emirates, et al., Case No. 1:21-cv-05786 (S.D.N.Y., Filed July 6,
2021), the Hon. Judge Laura Taylor Swain entered an order granting
letter motion for extension of time.
-- The Plaintiffs shall complete depositions of the Defendants'
corporate representatives by March 7, 2024.
-- The deadlines to complete fact discovery and move for class
certification remain unchanged.
The suit alleges violation of the Employee Retirement Income
Security Act (E.R.I.S.A.).[CC]
ENVOY AIR INC: Bustillo Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Envoy Air, Inc. The
case is styled as Christian Bustillo, on behalf of himself and
others similarly situated v. Envoy Air, Inc., Case No. 25STCV02816
(Cal. Super. Ct., Los Angeles Cty., Jan. 31, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Envoy Air -- https://www.envoyair.com/ -- is an American regional
airline headquartered in Irving, Texas in the Dallas–Fort Worth
metroplex.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
EQUIFAX INFO: Class Cert Bid Filing in Bradberry Amended to July 1
------------------------------------------------------------------
In the class action lawsuit captioned as CHARMAYNE BRADBERRY,
individually and on behalf of all others similarly situated, v.
EQUIFAX INFORMATION SERVICES, LLC, Case No. 1:22-cv-04754-MLB-LTW
(N.D. Ga.), the Hon. Judge Linda Walker entered a fifth amended
scheduling order as follows:
Event Current Proposed
Deadline Deadline
Fact Discovery: Jan. 31, 2025 Mar. 4, 2025
Complete Expert Discovery May 2, 2025 June 3, 2025
Plaintiff's Motion for Class May 30, 2025 July 1, 2025
Certification
Defendant's Opposition to July 1, 2025 July 31, 2025
Class Certification
Plaintiff's Reply in Support July 31, 2025 Sept. 2, 2025
of Class Certification
All other provisions in the March 17, 2023, Scheduling Order and
Guidelines for Discovery and Summary Judgment Practice remain in
place
Equifax offers financial, consumer and commercial data, and
analytical solutions.
A copy of the Court's order dated Jan. 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=FKrj6u at no extra
charge.[CC]
FABLETICS INC: Dalton Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Fabletics, Inc., Case No. 0:25-cv-00356 (D. Minn., Jan.
30, 2025), is brought arising because Defendant's Website
(www.fabletics.com) (the "Website" or "Defendant's Website") is not
fully and equally accessible to people who are blind or who have
low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind.
The Defendant offers clothing and accessories for sale including,
but not limited to, activewear, leggings, tops, jackets, footwear,
sports bras, bags, and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
Jason Gustafson (#0403297)
222 South Ninth Street, Suite 1600
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
FALAYA LLC: Collins Files TCPA Suit in E.D. Texas
-------------------------------------------------
A class action lawsuit has been filed against Falaya, LLC. The case
is styled as Deborah Ann Collins, individually and on behalf of all
others similarly situated v. Falaya, LLC, Case No.
4:25-cv-00088-SDJ (E.D. Tex., Jan. 30, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Falaya -- https://falaya.com/ -- is a real estate closing platform
providing technology solutions that allow sellers to take control
of the real estate process.[BN]
The Plaintiff is represented by:
Andrew Roman Perrong, Esq.
PERRONG LAW LLC
2657 Mt. Carmel Ave
Glenside, PA 19038
Phone: (215) 225-5529
Fax: (888) 329-0305
Email: a@perronglaw.com
FCA US: Court Extends Deadline to File Class Cert Bid
-----------------------------------------------------
In the class action lawsuit captioned as Chrysler Pacifica Fire
Recall Products Liability Litigation, Case No.
2:22-cv-03040-DML-EAS (E.D. Mich.), the Hon. Judge David Lawson
entered an order extending deadlines relating to filing of motion
for class certification:
Accordingly, the Defendant's motion to defer class certification
briefing is granted.
The plaintiffs' motion for class certification must be filed within
21 days after the disposition of the en banc proceeding in Speerly
v. General Motors LLC, Case No. 19-11044 (E.D. Mich.) (6th Cir. No.
23-1940).
The deadlines for filing of the Defendant's opposition and the
Plaintiffs' reply in support of the motion for class certification
shall be governed by the applicable rules of court.
On Jan. 22, 2025, the defendant filed a motion to defer the
briefing deadlines relating to the plaintiffs’ anticipated motion
for class certification. The plaintiff did not concur in the
request for relief, but the parties subsequently filed a
stipulation to adjust the motion filing deadline based on the
Court’s disposition of the defendant's motion.
The defendant recited several grounds for the request to defer the
briefing of questions concerning class certification. The Court is
persuaded that an adjustment of the briefing schedule is
appropriate based on only one of the stated grounds, which is the
defendant's proposal that it would be prudent to await the outcome
of the rehearing en banc of the defendant's appeal of this
Court’s class certification ruling in a similar auto defect
liability suit, Speerly v. General Motors LLC, Case No. 19-11044
(E.D. Mich.) (6th Cir. No. 23-1940).
A copy of the Court's order dated Jan. 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QLKcIg at no extra
charge.[CC]
FCA US: Filing for Class Cert Bid in Crowell Suit Due Oct. 22
-------------------------------------------------------------
In the class action lawsuit captioned as JESSE CROWELL, et al., on
behalf of themselves and all others similarly situated, v. FCA US
LLC, et al., Case No. 1:23-cv-00013-MN (D. Del.), the Hon. Judge
Maryellen Noreika entered a scheduling order ad follows:
-- All motions to join other parties, and June 16, 2025
to amend or supplement the pleadings,
shall be filed on or before:
-- All fact discovery relating to class June 16, 2025
certification in this case shall be
initiated so that it will be completed
on or before:
-- Document production related to class May 16, 2025
certification shall be substantially
complete by:
-- Any motion to certify a class shall be Oct. 22, 2025
made by:
-- Any opposition shall be filed by: Nov. 26, 2025
-- Any reply in support of the motion Dec. 22, 2025
shall be filed by:
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Jan. 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XLdeGx at no extra
charge.[CC]
FEDEX GROUND: Depina Seeks Reconsideration of Class Cert Denial
---------------------------------------------------------------
In the class action lawsuit captioned as CLARA DEPINA, on behalf of
herself and all others similarly situated, v. FEDEX GROUND PACKAGE
SYSTEM, INC., a Delaware corporation; and DOES 1 through 50,
inclusive, Case No. 3:23-cv-00156-TLT (N.D. Cal.), the Plaintiff
asks the Court to enter an order granting motion for leave to file
a motion for reconsideration of denial of class certification:
The Plaintiff moves under Civil Local Rule 7-9(a) for leave to file
a motion for reconsideration of the Court's Nov. 8, 2024 order
denying the Plaintiff's motion for class certification.
The Plaintiff seeks reconsideration of the Order under Civil Local
Rule 7-9(b)(1) on the ground the Court failed to consider material
facts or dispositive legal arguments presented to the Court.
The Plaintiff's motion is based on this Notice of Motion and
Motion, the attached Memorandum of Points and Authorities and
exhibits, the pleadings in this action, and such other materials
and evidence as may be presented to the Court.
Pursuant to Civil Local Rule 7-9(d), this Motion is not noticed for
a hearing.
Fedex Ground delivers packages by truck to residential and business
addresses.
A copy of the Plaintiff's motion dated Jan. 29, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tYNvCE at no extra
charge.[CC]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
Brian Louis, Esq.
SETAREH LAW GROUP
420 N. Camden Drive, Suite 100
Beverly Hills, CA 90210
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
thomas@setarehlaw.com
brian@setarehlaw.com
FLEETPRIDE INC: Banuelos Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Fleetpride Inc., et
al. The case is styled as Mario Banuelos, individually and on
behalf of others similarly situated v. Fleetpride Inc., Does 1
through 50, inclusive, Case No. 25CU0049 (Cal. Super. Ct., Kings
Cty., Jan. 31, 2025).
The case type is stated as "Other Employment for Civil Unlimited."
Fleetpride -- https://www.fleetpride.com/ -- is the largest
independent distributor of aftermarket heavy duty truck and trailer
parts in the United States.[BN]
The Plaintiff is represented by:
Brendan Burton, Esq.
THE PROTECTION LAW GROUP
149 Sheldon St.
El Segundo, CA 90245-3916
Phone: 424-290-3095
Email: brendan@protectionlawgroup.com
FLIXBUS INC: Washington Files Suit in S.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Flixbus, Inc. The
case is styled as Charles Washington, individually and on behalf of
all others similarly situated v. Flixbus, Inc., Case No.
3:25-cv-00212-H-MSB (S.D. Cal., Jan. 29, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Flix -- https://global.flixbus.com/ -- is a leading global
travel-tech company, providing sustainable and affordable travel
solutions to more than 400 million travelers since its launch.[BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave., Ste. 1420
Miami, FL 33131-2800
Phone: 305-330-5512
Email: swestcot@bursor.com
FOX CORP: Continues to Defend Video Privacy Protection Class Suit
-----------------------------------------------------------------
The Fox Corp. disclosed in its Form 10-Q Report for the quarterly
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 4, 2025, that the company continues
to defend itself from a Video Privacy Protection Act class suit in
the United States District Court for the Northern District of
Illinois, Eastern Division.
The Company and its subsidiaries, including Tubi, Inc., are from
time to time parties to actions and arbitration claims arising from
their alleged misuse of personal information. In June 2023, a
putative class action lawsuit titled Campos v. Tubi was filed with
the U.S. District Court for the Northern District of Illinois,
Eastern Division (the "District Court"), alleging that Tubi shared
viewer information with third parties in violation of the privacy
protection provisions of the federal Video Privacy Protection Act.
After a determination that Campos lacked standing to sue Tubi,
plaintiff's counsel filed a new putative class action titled
Gregory v. Tubi with the 17th Judicial Circuit Court in Winnebago
County, Illinois (the "Illinois State Court").
On July 26, 2024 the parties entered into a Settlement and Release
Agreement to resolve all claims, which includes the dismissal of
the Campos lawsuit and settlement of the Gregory lawsuit.
On January 24, 2025, the Illinois State Court entered a final order
approving the Settlement and Release Agreement. The settlement will
not have a material adverse effect on the Company's business,
financial condition, results of operations or cash flows.
The Company intends to vigorously defend against any other actions
and arbitration claims arising from the alleged misuse of personal
information that have not been settled or resolved by the Gregory
settlement.
Fox Corporation is a publicly traded corporation listed on the
Nasdaq stock exchange. It is a mass media company headquartered in
New York. [BN]
FREEDOM DEBT: Salaiz Files TCPA Suit in W.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against Freedom Debt Relief,
LLC. The case is styled as Deborah Erik Salaiz, on behalf of
himself and all others similarly situated v. Freedom Debt Relief,
LLC, Case No. 3:25-cv-00003-KC (W.D. Tex., Jan. 7, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Freedom Debt Relief, LLC -- https://www.freedomdebtrelief.com/ --
offers debt relief services.[BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM, LLC
6090 Surety Dr., #304
El Paso, TX 79928
Phone: (330) 329-6753
Email: omar@darwichlegal.com
FULLWEL MGMT. III: Span Files Suit in Ill. Ct.
----------------------------------------------
A class action lawsuit has been filed against Fullwel Mgmt. III,
Inc. The case is styled as Kelly Span, individually and on behalf
of all others similarly situated v. Fullwel Mgmt. III, Inc. D/B/A
Bennigans Of Elgin, Case No. 2025LA000111 (Ill. Ct., DuPage Cty.,
Jan. 29, 2025).
Fullwel Management III Inc. is in the Hotels (except Casino Hotels)
and Motels industry.[BN]
The Plaintiffs are represented by:
Mark Hammervold, Esq.
HAMMERVOLD LAW, LLC
155 S. Lawndale Ave.
Elmhurst, IL 60126
Phone: (405) 509-0372
Email: mark@hammervoldlaw.com
GAP INCORPORATED: Sanchez Files TCPA Suit in D. Arizona
-------------------------------------------------------
A class action lawsuit has been filed against Gap Incorporated. The
case is styled as Ivaan Sanchez, individually and on behalf of all
others similarly situated v. Gap Incorporated, Case No.
4:25-cv-00044-JGZ (D. Ariz., Feb. 1, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Gap Inc. -- https://www.gapinc.com/en-us/ -- is the largest
specialty retailer in the United States, and is 3rd in total
international locations, behind Inditex Group and H&M..[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd
Fort Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
GEORGIA: Rowe Suit Seeks to Certify Rule 23 Class
-------------------------------------------------
In the class action lawsuit captioned as RICHARD CARL ROWE III, V.
GEORGIA DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD SUPPORT
SERVICES, et al., Case No. 3:24-cv-00235-TCB (N.D. Ga.), the
Plaintiff asks the Court to enter an order:
1. Certifying the proposed class under Federal Rule of Civil
Procedure 23(a) and 23(b)(2), defined as:
"All individuals in Georgia who, from Jan. 1,2021 to the
present (and ongoing), have been or will be subject to child
support enforcement actions initiated or carried out by the
Georgia Division of Child Support Services (DCSS) without
being afforded the administrative hearings, notice, or
signed Personal Responsibility Contracts (PRCs) required by
federal and state law";
2. Appointing class counsel under Federal Rule of Civil
Procedure 23(g);
3. Enter a declaratory judgment that the challenged practices
violate federal law and due process; and
4. Issuing injunctive relief requiring DCSS to comply with
administrative hearing, notice, PRC, and other
constitutional and statutory requirements.
The Plaintiff alleges that DCSS has systematically failed to comply
with Title IV-D of the Social Security Act and fundamental due
process requirements.
Georgia Department of Human Services delivers a wide range of human
services designed to promote self-sufficiency, safety and
well-being.
A copy of the Plaintiff's motion dated Jan. 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=utQjuO at no extra
charge.[CC]
The Plaintiff appears pro se:
Richard Carl Rowe III, Esq.
185 Courtland Drive
Fayetteville, GA30215
Telephone: (334) 505-7372
E-mail: richardrowe545@gmail.com
The Defendant is represented by:
Daniel A. Ficarrotta, Esq.
STATE LAW DEPARTMENT
40 Capitol Square SW
Atlanta, GA 30334
Telephone: (404) 458-3389
E-mail: dficarrotta@law.ga.gov
GERBER CHILDRENSWEAR: Watler Files Suit Over TCPA Violation
-----------------------------------------------------------
A case has been filed against Gerber Childrenswear LLC. The case is
styled as Kededra Watler, individually and on behalf of all others
similarly situated v. Gerber Childrenswear LLC, Case No.
2:25-cv-00190-MRA-SSC (C.D. Cal., January 8, 2025).
The case is related to the restrictions of use of telephone
equipment under the Telephone Consumer Protection Act.
The suit is assigned to Judge Monica Ramirez Almadani.
Gerber Childrenswear LLC markets infant and toddler apparel and
related products.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL HINDI, PLLC
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
GOLDEN HEAVEN: Faces Consolidated Action Over SEC Disclosures
-------------------------------------------------------------
Golden Heaven Group Holdings Ltd. disclosed in its Form 20-F report
for the fiscal year ended September 30, 2024, filed with the
Securities and Exchange Commission on January 25, 2025, that it is
facing a consolidated action in the Supreme Court of the State of
New York on behalf of persons or entities who purchased or
otherwise acquired publicly traded securities of the company during
the class period asserts claims that the plaintiffs were
economically damaged, and generally alleges that the defendants
violated sections 11 and 15 of the Securities Exchange Act of 1933,
as amended, by making allegedly inaccurate, untrue and misleading
statements regarding, among other matters, the company's business
operations, management, financial condition and prospects.
The initial class action lawsuit was filed on December 8, 2023, by
certain shareholders against the company, its then Chief Executive
Officer, Qiong Jin, then Chief Financial Officer, Jinguang Gong and
independent directors in the Supreme Court of the State of New York
(Case No. 161978/2023) on behalf of persons or entities who
purchased or otherwise acquired publicly traded securities of the
company during the class period assert claims that plaintiffs were
economically damaged, and generally allege that the referenced
defendants violated sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, and Rule 10b-5 promulgated
thereunder, by making allegedly false and misleading statements
regarding, among other matters, the company's business operations,
management, financial condition and prospects.
Case was consolidated and lead plaintiff and lead counsel were
appointed by the court. The court held a hearing on the motions on
April 11, 2024, consolidated the actions, appointed Rahul Patange
as Lead Plaintiff in the consolidated action, and Pomerantz LLP as
lead counsel. The consolidated action will now proceed under the
Case No. 2:23-cv-10619-HDV-SK. The parties have agreed on a
briefing schedule for the Lead Plaintiff to file an amended
complaint and for defendants to respond to the newly amended
complaint. Plaintiffs amended the Supreme Court of the State of New
York complaint on February 14, 2024. On April 15, 2024, Revere
Securities, LLC and R.L. Lafferty & Co. filed a cross-claim in the
New York matter against the Company for indemnification pursuant to
the Underwriter Agreement dated, April 11, 2023.
To date, the company has filed an answer to the Supreme Court of
the State of New York amended complaint and the Underwriter
Defendants' cross-claims. The company has filed a motion to dismiss
the consolidated Class Action (Case No. 2:23cv10619-HDV-SK) pending
in the United States District Court for the Central District of
California. The company's motion to dismiss is fully briefed and
was heard before the court on January 30, 2025.
The company operates amusement parks in China through Nanping
Golden Heaven Amusement Park Management Co., Ltd. and its
subsidiaries.
GRAVY ANALYTICS: Akes Sues Over Failure to Protect Information
--------------------------------------------------------------
Tonya Akes, individually and on behalf of all others similarly
situated v. GRAVY ANALYTICS, INC., VENNTEL, INC., and UNACAST INC.,
Case No. 1:25-cv-00816 (D.N.J., Jan. 30, 2025), is brought seeks to
redress Defendants' unlawful, willful and wanton failure to protect
the personal identifiable information of likely thousands of
individuals that was exposed in a major data breach of Defendants'
network in violation of its legal obligations.
On January 8, 2025, the Russian cybercrime forum called XSS posted
screenshots and uploaded 17 terabytes of information stolen from
Defendants' inadequately protected computer systems. As a result,
thousands of individuals, including Plaintiff and the Class Members
have had their personal identifiable information ("PII" or "Private
Information") exposed (the "Data Breach").
In December 2024, the Federal Trade Commission ("FTC") accused
Gravy and its subsidiary, Venntel, of illegally collecting and
selling Americans' location data without their knowledge or
obtaining proper legal consent. Some of the people Gravy tracked
were monitored going into sensitive locations like government
buildings, health clinics, and places of worship.
In carrying out their business, Defendants obtain, collect, use,
and derive a benefit from the Private Information of Plaintiff and
the Class. As such, Defendants assumed the legal and equitable
duties to those individuals to protect and safeguard that
information from unauthorized access and intrusion. Due to the
Defendants' negligence, cybercriminals obtained everything they
needed to commit identity theft and wreak havoc on the financial
and personal lives of thousands of individuals.
The Defendants betrayed the trust of Plaintiff and the other Class
Members by failing to properly safeguard and protect their personal
identifiable information and thereby enabling cybercriminals to
steal such valuable and sensitive information, says the complaint.
The Plaintiff provided their information to the Defendants.
Gravy is a global location intelligence company that tracks
individual's locations and movements using machine learning and
artificial intelligence.[BN]
The Plaintiff is represented by:
Stanley O. King, Esq.
JAVERBAUM WURGAFT HICKS KAHN WIKSTROM & SININS, P.C.
1000 Haddonfield- Berlin Road, Suite 203
Voorhees, NJ 08043
Phone: (856) 596-4100
- and -
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73106
Phone: (405) 235-1560
GREENWICH HOMECARE: Shorter Must File Class Cert. Bid by Sept. 11
-----------------------------------------------------------------
In the class action lawsuit captioned as ANDREA SHORTER,
individually and on behalf of all other persons similarly situated
who were employed by Greenwich Homecare LLC and/or any other
entities affiliated with or controlled by Greenwich Homecare LLC,
v. GREENWICH HOMECARE LLC, and any related entities, Case No.
3:24-cv-01479-SVN (D. Conn.), the Hon. Judge Sarala V. Nagala
entered a scheduling order as follows:
-- Any party with a claim or counterclaim for damages shall
serve a damages analysis on the other parties, in compliance
with Rule 26(a)(1)(A)(iii), on or before June 30, 2025.
-- Initial disclosures pursuant to Rule 26(a)(1) must be
exchanged by Feb. 27, 2025.
-- The Plaintiffs shall file their anticipated motion for class
certification by Sept. 11, 2025.
-- The Defendant shall file its response to Plaintiffs' motion
within 60 days of the filing of Plaintiffs' motion, or by Nov.
10, 2025, whichever is sooner.
-- The Plaintiffs shall file their reply in support of class
certification within 30 days of Defendant's opposition, or by
Dec. 10, 2025, whichever is sooner.
-- A joint status report of the parties shall be filed on or
before April 28, 2025.
-- A second joint status report of the parties shall be filed on
Aug. 4, 2025, confirming that the first phase of discovery is
complete.
Greenwich provides a wide range of in-home care assistance and
senior services.
A copy of the Court's order dated Jan. 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8BZot2 at no extra
charge.[CC]
GRI-EQY: Brito Sues Over Inaccessible Property
----------------------------------------------
Carlos Brito, individually and on behalf of all other similarly
situated mobility-impaired individuals v. GRI-EQY (AIRPARK PLAZA)
LLC; SUBWAY 25904 INC d/b/a SUBWAY; CASA JUAN RESTAURANT, INC.
d/b/a CASA JUAN RESTAURANT; and MR CACHAPA MIDTOWN LLC d/b/a SR. DE
LOS TACOS BLUE LAGOON, Case No. 1:25-cv-20479-XXXX (S.D. Fla., Jan.
31, 2025), is brought for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendants' commercial
retail plaza (hereinafter the "Commercial Property") being
inaccessible to people who are disabled.
Although 30 years have passed since the effective date of Title III
of the ADA, Defendants have yet to make their facilities accessible
to individuals with disabilities. Congress provided commercial
businesses one and a half years to implement the Act. The effective
date was January 26, 1992. In spite of this abundant lead time and
the extensive publicity the ADA has received since 1990, Defendants
have continued to discriminate against people who are disabled in
ways that block them from access and use of Defendants' property
and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property, as prohibited by the
ADA, says the complaint.
The Plaintiff is a paraplegic (paralyzed from his T-6 vertebrae
down) and requires the use of a wheelchair to ambulate.
GRI-EQY (AIRPARK PLAZA) LLC, owned and operated a commercial
property.[BN]
The Plaintiff is represented by:
Beverly Virues, Esq.
Armando Mejias, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, Fl 33134
Phone: (305) 553-3464
Primary Email: bvirues@lawgmp.com
Secondary Emails: amejias@lawgmp.com
jacosta@lawgmp.com
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Email: ramon@rjdiegolaw.com
HY CITE ENTERPRISES: Rizo Suit Removed to S.D. Florida
------------------------------------------------------
The case captioned as Alexander Rizo, individually and on behalf of
all those similarly situated v. HY CITE ENTERPRISES, LLC, Case No.
2024-024124-CA-01 was removed from the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, Florida, to the
United States District Court for the Southern District of Florida
on Jan. 30, 2025, and assigned Case No. 1:25-cv-20461-XXXX.
The Complaint asserts claims against Defendants for alleged
violations of California's Unfair Competition Law ("UCL"),
California's Consumer Legal Remedies Act ("CLRA"), California's
False Advertising Law ("FAL"), and for unjust enrichment.[BN]
The Plaintiff is represented by:
Zane C. Hedaya, Esq.
Gerald D. Lane, Esq.
Faaris K. Uddin, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 Southeast Sixth Street, Suite 1744
Fort Lauderdale, Florida 33301
Email: zane@jibraellaw.com
gerald@jibraellaw.com
faaris@jibraellaw.com
The Defendant is represented by:
Sara A. Brubaker, Esq.
William C. Handle, Esq.
AKERMAN LLP
420 South Orange Avenue, Suite 1200
Orlando, Florida 32801-4904
Phone: (407) 423-4000
Fax: (407) 843-6610
Email: sara.brubaker@akerman.com
william.handle@akerman.com
Secondary Email: lynn.cox@akerman.com
melissa.tejada@akerman.com
ICON CREATIVE: Wilson Sues Over Unsolicited Text Messages
---------------------------------------------------------
Chet Michael Wilson, individually and on behalf of all others
similarly situated v. ICON CREATIVE CONSULTING, INC., Case No.
1:24-cv-25119-FAM (S.D. Fla., Jan. 30, 2024), is brought against
the Defendant under the Telephone Consumer Protection Act ("TCPA")
as a result of the Defendants unsolicited text messages.
The Defendant routinely violates the TCPA, by delivering, or
causing to be delivered, more than one advertisement or marketing
text message to residential or cellular telephone numbers
registered with the National Do-Not-Call Registry ("DNC Registry")
without prior express invitation or permission required by the
TCPA. The Plaintiff did not give Defendant prior express consent or
permission to deliver, or cause to be delivered, advertisement or
marketing text messages. Plaintiff did not request information or
promotional materials from Defendant, says the complaint.
The Plaintiff had registered his number on the National Do Not Call
Registry for at least 30 days prior to receiving the calls at
issue.
The Defendant is a corporation that resides in this District.[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman
KAUFMAN P.A.
237 S Dixie Hwy, 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
INMODE LTD: Continues to Defend Cement Masons Class Suit
--------------------------------------------------------
The InMode Ltd. disclosed in its Form 20-F Report for the annual
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 4, 2025, that the company continues
to defend itself from the Cement Masons class suit in the United
States District Court for the Central District of California.
On February 14, 2024, a purported shareholder of the Company filed
a putative shareholder class action (the "Securities Class Action")
in the United States District Court for the Central District of
California, captioned Cement Masons and Plasterers Local No. 502
Pension Fund v. InMode Ltd. et al., Case No. 2:24-cv-01219, against
the Company and certain of its officers and directors. The
complaint alleges claims under Sections 10(b) and 20(a) of the
Exchange Act based on allegedly false or misleading statements
related to the Company's business, operations, sales practices and
financial outlook. The lawsuit seeks unspecified damages and other
relief. On April 16, 2024, multiple shareholders moved to be
appointed lead plaintiff. On December 4, 2024, the Court entered an
order appointing a group of shareholder funds as the lead
plaintiffs.
On January 31, 2025, the lead plaintiffs filed an amended
complaint. The amended complaint purportedly brings claims on
behalf of purchasers of the Company's common stock between February
18, 2020 and December 6, 2023, inclusive.
The Company's deadline to respond to the amended complaint is April
1, 2025. The Securities Class Action is in the preliminary stages,
and the Company has not yet responded to the amended complaint.
As of the date of this filing, the Company is unable to estimate a
range of loss, if any, that could result were there to be an
adverse final decision in the Securities Class Action, and an
estimated liability has not been recorded in the Company's
financial statements.
The defendants intend to deny the allegations of wrongdoing and
vigorously defend against the claims in the Securities Class
Action.
Headquartered in Yokneam, Israel, InMode is a global provider of
aesthetic medical devices and technology. [BN]
INNOVAGE HOLDING: Court Stays Suit vs WCAS
------------------------------------------
The InnovAge Holding Corp. disclosed in its Form 10-Q Report for
the quarterly period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 4, 2025, that the
the District Court for the District of Colorado stayed the
securities class suit stayed as to WCAS Management Corporation.
On October 14, 2021, and subsequently amended on June 21, 2022, the
Company was named as a defendant in a putative class action
complaint filed in the District Court for the District of Colorado
on behalf of individuals who purchased or acquired shares of the
Company's common stock during a specified period (the "Securities
Action").
Through the complaint, plaintiffs are asserting claims against the
Company, certain of the Company's officers and directors, Apax
Partners, L.P., Welsh, Carson, Anderson & Stowe and the
underwriters in the Company's IPO, alleging violations of Sections
11, 12(a)(2) and 15 of the Securities Act of 1933 and Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 for making
allegedly inaccurate and misleading statements and omissions in
connection with the Company's IPO and subsequent earnings calls and
public filings, and seeking compensatory damages, among other
things.
On September 13, 2022, the Company and the officer and director
defendants and Apax Partners, L.P. and Welsh, Carson, Anderson &
Stowe filed a motion to dismiss the amended complaint for failure
to state a claim upon which relief can be granted.
On December 22, 2023, the District Court granted in part and denied
in part the motion to dismiss.
On September 17, 2024, plaintiffs filed a second amended complaint
to add four additional defendants, WCAS Management Corporation,
WCAS Management, L.P., WCAS Management, LLC, and TCO Group
Holdings, L.P., renames Apax Partners, L.P. as Apax Partners US LLC
and drops Welsh, Carson, Anderson & Stowe as a defendant.
On October 25, 2024, WCAS Management Corporation, WCAS Management,
L.P., and WCAS Management, LLC filed a motion to dismiss
plaintiffs' second amended complaint.
On January 10, 2025, the District Court entered an amended order
granting plaintiffs' motion to certify a class pursuant to the
Federal Rules of Civil Procedure, Rule 23(b)(3).
The action is currently stayed as to WCAS.
Innovage provides skilled nursing, seniors living, customized
healthcare, and social support services.
INTEL CORP: Vanvalkenburgh Suit Transferred to D. Delaware
----------------------------------------------------------
The case styled as MARK VANVALKENBURGH, individually and on behalf
of all others similarly situated, Plaintiff v. INTEL CORPORATION,
Defendant, Case No. 5:24-cv-07703, was transferred from the United
States District Court for the Northern District of California to
the United States District Court for the District of Delaware on
January 30, 2025.
The Clerk of the Court for the District of Delaware assigned Case
No. 1:25-cv-00128-UNA to the proceeding.
The Plaintiff brings this case individually and for other consumers
who purchased Intel's defective 13th and 14th generation desktop
processing chips, including products containing the chips.
Intel Corporation is a technology company that manufactures and
sells computer components, including computer processors.[BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Richard Lyon, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
rick@dovel.com
- and -
Kevin Kneupper, Esq.
A. Cyclone Covey, Esq.
KNEUPPER & COVEY, PC
17011 Beach Blvd., Ste. 900
Huntington Beach, CA 92647-5998
Telephone: (512) 420-8407
E-mail: kevin@kneuppercovey.com
cyclone@kneuppercovey.com
JOHN RUSSELL: Bowers Wins Class Certification Bid
-------------------------------------------------
In the class action lawsuit captioned as RITA BOWERS, et al., v.
JOHN H. RUSSELL, et al., Case No. 1:22-cv-10457-PBS (D. Mass.), the
Hon. Judge Patti Saris entered an order certifying the following
class:
"All participants and beneficiaries of the Russelectric Inc.
Employee Stock Ownership Plan who received a benefit when the
ESOP terminated."
The Plaintiffs, current and former employees of Russelectric,
allege the Board undervalued the shares held by the ESOP at
termination, resulting in participants not receiving fair
compensation for the unallocated shares, and improperly subtracted
$65 million in bonuses from the net share price after the Company
was sold to Siemens.
The Plaintiffs sue the Defendants for violating the Employee
Retirement Income Security Act ("ERISA").
A copy of the Court's order dated Jan. 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2xaQ2U at no extra
charge.[CC]
JUDAS TADEO: Mencos Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------
Cesar Mencos, on behalf of himself and other similarly situated V.
SAN JUDAS TADEO INC. (DBA PATRICIAS PIZZA II), MARCELO SICHA and
HUGO SICHA, individually, Case No. 7:25-cv-00903 (S.D.N.Y., Jan.
30, 2025), is brought pursuant to the Fair Labor Standards Act
("FLSA"), the New York Labor Law ("NYLL") as recently amended by
the Wage Theft Prevention Act ("WTPA") to recover substantial
unpaid wages, including minimum wage compensation, overtime
premiums, and statutory damages for Plaintiff.
The Defendants were required, under relevant New York State law, to
compensate Plaintiff with overtime pay at one and one-half the
regular rate for work in excess of 40 hours per work week. The
Defendants SICHA's knowing, willful, and systematic failure to
provide mandatory wage notices and proper wage statements, as
required by law, directly resulted in concrete, particularized, and
actual injuries to Plaintiff, says the complaint.
The Plaintiff worked from October 4, 2021, until December 9, 2024.
SAN JUDAS TADEO INC. (DBA PATRICIAS PIZZA II) is a duly organized
New York Corporation.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.StillmanLegalPC.com
KAIS & SKAN INC: Boujamaai Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against KAIS & SKAN INC., et
al. The case is styled as Asma El Boujamaai, an individual and on
behalf of all others similarly situated v. KAIS & SKAN INC., MCC
RESTAURANTS, INC., V.H RESTAURANTS LLC, Case No. CGC25621825 (Cal.
Super. Ct., San Francisco Cty., Jan. 28, 2025).
The case type is stated as "Other Non-Exempt Complaints."
Kais & Skan Inc. specializes in Liquor Stores.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Email: david@tomorrowlaw.com
NELK INC: Failed to Provide Return on Investment, Smith Says
------------------------------------------------------------
TRENTON SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. JOHN SHAHIDI, an individual; NELK, INC. dba
NELK, FULL SEND, a Canadian Company, METACARD, LLC, a Delaware
Limited Liability Company; NELK USA, INC., a Delaware Corporation;
KYLE FORGEARD, an individual, Defendants, Case No. 8:25-cv-00161
(C.D. Calif., January 29, 2025) is a class action against the
Defendant for breach of fiduciary duty, fraud, and violation of the
California Consumers Legal Remedies Act.
Founder Defendants Kyle Forgeard and John Shahidi are
Internet-famous YouTube personalities known for their YouTube
Channel "Nelk Boys." Following the success of their YouTube channel
and podcast, Forgeard and Shahidi branched out into other business
ventures, including apparel, fitness supplements, a hard seltzer
brand, and other merchandise, all under the Nelk Boys' "Full Send"
brand.
According to the complaint, Forgeard and Shahidi created the
company Metacard, LLC, specifically to sell digital assets that
would ostensibly provide the holder access to business investment
opportunities in ventures such as lounges, gyms, festivals, casinos
and restaurants, as well as access to products and services
including apparel, virtual stores, virtual festivals, Metaverse
casinos, and recording artists. Defendants sold digital investments
in the form of Full Send Metacard non-fungible tokens. The
Defendants offered a few "perks" associated with owning a Metacard
but ultimately failed to deliver any of the promised business
ventures or investment opportunities, says the suit.
The Defendants have offered no explanation as to why they have
failed to provide any of the promised returns on Plaintiffs'
investments. The Defendants capitalized on Forgeard's platform and
fame to misrepresent the status of their business ventures to
entice Forgeard's loyal online fans and the public into investing
in Metacards and then failed to ever provide the promised return on
those investments in the form of digital and real-world businesses,
apparel, stores, or festivals, the suit asserts.
Nelk, Inc. dba Nelk or Full Send is a Canadian corporation with its
principal place of business in Calgary, Alberta.[BN]
The Plaintiff is represented by:
John P. Kristensen, Esq.
KRISTENSEN LAW GROUP
120 Santa Barbara St., Suite C9
Santa Barbara, CA 93101
Telephone: (805) 837-2000
E-mail: john@kristensen.law
- and -
Jarrett L. Ellzey, Esq.
Leigh S. Montgomery, Esq.
Tommy Kherkher, Esq.
Josh Sanford, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (888) 350-3931
E-mail: jellzey@eksm.com
lmontgomery@eksm.com
tkherkher@eksm.com
jsanford@eksm.com
PARAGON SYSTEMS: Robertson Suit Removed to N.D. California
----------------------------------------------------------
The case captioned as Cyphreno Robertson, individually, and on
behalf of all others similarly situated v. PARAGON SYSTEMS, INC.,
an Alabama corporation; SECURITAS CRITICAL INFRASTRUCTURE SERVICES,
INC., a Delaware corporation; PARASYS, INC., an Alabama
corporation; and DOES 1 through 10, inclusive, Case No. 24CV455134
was removed from the Superior Court of the State of California, in
and for the County of Santa Clara, to the United States District
Court for the Northern District of California on Jan. 31, 2025, and
assigned Case No. 5:25-cv-01012.
The Complaint pleads a single cause of action for violation of the
California Private Attorney’s General Act (“PAGA”), Labor
Code section 2698, et seq., seeking civil penalties for alleged
violations by Defendant of: Labor Code §§ 1194, 1194.2, and 1197
by failing to pay Plaintiff and other aggrieved employees the
statutory minimum wage for all hours worked; Labor Code Section 226
by failing to furnish Plaintiff and other aggrieved employees with
accurate and compliant itemized wage statements; and Labor Code
Section 1174 by failing to maintain accurate records on behalf of
Plaintiff and other aggrieved employees.[BN]
The Defendant is represented by:
Frank A. Magnanimo, Esq.
Jasmine R. Kiaei, Esq.
FISHER & PHILLIPS LLP
21600 Oxnard Street, Suite 650
Woodland Hills, CA 91367
Phone: (818) 230-4250
Facsimile: (818) 230-4251
Email: fmagnanimo@fisherphillips.com
jkiaei@fisherphillips.com
PARNELL CONSULTANTS: Sutterlin Sues to Recover Unpaid Wages
-----------------------------------------------------------
Philip Sutterlin, Individually and For Others Similarly Situated v.
PARNELL CONSULTANTS, INC., Case No. 1:25-cv-00145 (W.D. Tex., Jan.
30, 2025), is brought to recover unpaid wages and other damages in
violation the Fair Labor Standards Act ("FLSA").
The Plaintiff's and the other Inspectors' primary duties include
inspecting interstate natural gas pipelines to ensure the safe
transportation of gas in interstate commerce. The Plaintiff and the
other Inspectors regularly work more than 40 hours a week. But The
Defendant does not pay The Plaintiff and its other Inspectors
overtime for all hours worked in excess of 40 a week. Instead,
until at least January 2024, The Defendant paid the Plaintiff and
its other Inspectors a fixed daily sum for each day worked,
regardless of the total number of hours they work in a workweek
(The Defendant's "day rate pay scheme").
The Defendant paid all its Inspectors according to this day rate
pay scheme regardless of any allegedly individualized factors.
Indeed, The Defendant uniformly misclassified The Plaintiff and the
other Inspectors as exempt from overtime. But The Defendant never
paid the Plaintiff and the other Inspectors on a "salary basis" as
required for any relevant overtime exemption. The Defendant's
uniform day rate pay scheme violates the FLSA by depriving the
Plaintiff and the other Inspectors of overtime pay when they work
more than 40 hours in a week, says the complaint.
The Plaintiff employed Defendant as one of its Inspectors.
Parnell "specializes in all aspects of oil & natural gas pipeline
construction and inspection" and "provides construction, inspection
and land solutions in support of energy development,
nationwide."[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713.352.1100
Facsimile: 713.352.3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: 713.877.8788
Fax: 713-877-8065
Email: rburch@brucknerburch.com
PAYPAL HOLDINGS: Browser Extension Steals Referral Fees, White Says
-------------------------------------------------------------------
LEAH WHITE, individually and on behalf of all other Class members,
Plaintiff v. PAYPAL HOLDINGS, INC. and HONEY, aka, THE HONEY
SCIENCE CORPORATION, Defendant, Case No. 3:25-cv-00046-TKW-ZCB
(N.D. Fla., January 30, 2025) alleges PayPal used an effective
strategy to systematically divert affiliate marketing commissions
from content creators who have established their livelihoods
through online businesses, personal branding, and advertising
partnerships, to PayPal via the Honey extension in violation of the
Florida's Deceptive and Unfair Trade Practices Act.
This case involves PayPal's browser extension, Honey, that
misleadingly purported to find consumers the best coupon codes
available.
According to the complaint, the browser extension prioritized codes
from partner merchants over better deals existing in the market,
resulting in users receiving either inferior discounts or no
discounts at all.
The Defendants failed to disclose to Plaintiff and Class Members
that Honey's business is built around stealing commissions from
affiliate marketers and misleading consumers into believing they
are receiving the best deals on the internet when, in fact, they
are not, says the suit.
PayPal owns and operates Honey, aka the Honey Science Corporation,
which had originally developed the Honey browser extension. Honey
was purchased by PayPal in 2020.[BN]
The Plaintiff is represented by:
Bryan F. Aylstock, Esq.
D. Nicole Guntner, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: baylstock@awkolaw.com
nguntner@awkolaw.com
PAYPAL INC: Court Consolidates Cases with WPL Suit
--------------------------------------------------
In the class action lawsuit captioned as WENDOVER PRODUCTIONS, LLC,
et al., v. PAYPAL, INC., Case No. 5:24-cv-09470-BLF (N.D. Cal.),
the Hon. Judge Beth Labson Freeman entered an order consolidating
cases as follows:
The consolidated action will be captioned In re PayPal Honey
Browser Extension Litigation and all future filings will be
filed in Case No. 24-9470.
The Court orders that the Clerk of the Court
administratively close:
"Silva v. PayPal, No. 5:24-cv-09510-BLF (N.D. Cal.),"
"GamersNexus LLC v. PayPal Holdings, Inc., et al., Case No.
5:25-cv-00114-BLF (N.D. Cal.),"
"Young v. PayPal, Inc., et al., Case No. 5:25-cv-00124-BLF
(N.D. Cal.),"
"Coleman v. PayPal Inc., et al., Case No. 5:25-cv-00367-BLF
(N.D. Cal.),"
"Moran v. PayPal, Inc., et al., Case No. 5:25-cv-00476-BLF
(N.D. Cal.),"
"Lyon Fitness v. PayPal, Inc., et al., Case No. 5:25-
cv00501-BLF (N.D. Cal.),"
"Oganesyan, et al. v. PayPal, Inc., et al., No. 4:25-cv-
00518- BLF (N.D. Cal.),"
"Brevard Marketing v. PayPal, et al., Inc., Case No. 5:25-
cv-00573-BLF (N.D. Cal.),"
"King v. PayPal, Inc., et al., Case No. 5:25-cv-00581-BLF
(N.D. Cal.),"
"Bauer, et al., v. PayPal, Inc., et al., Case No. 5:25-cv-
580-BLF (N.D. Cal.),"
"Kayne v. PayPal Holdings, Inc., et al., No. 5:25-cv-668-BLF
(N.D. Cal.),"
"Wade v. PayPal, Inc., No. 5:25-cv-00701- BLF (N.D. Cal.),
Smith v. PayPal Holdings, Inc., Case No. 5:25-cv-00847-BLF
(N.D. Cal.) and
The Latina Tradwife, LLC v. PayPal Holdings, Inc., et al.,
Case No. 5:25-cv-00850-BLF (N.D. Cal.).
The Court grants the parties' request to implement a process for
appointing interim class counsel pursuant to Fed. R. Civ. P. 23(g)
and to set schedule for filing a Consolidated Complaint.
Because the cases are based on the same subject matter, arise from
the same nucleus of operative facts, assert similar causes of
action, define similar and overlapping classes, alleging similar
wrongful conducts, and seeking similar remedies, the Court finds
that the same discovery and class certification issues will be
relevant to all Related Actions. Thus, consolidation will conserve
judicial resources and reduce the time and cost of trying the cases
separately. As such, the Court finds that consolidation is
appropriate and will grant the motion to consolidate all Related
Actions.
PayPal provides financial transaction processing services.
A copy of the Court's order dated Jan. 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ydHYWz at no extra
charge.[CC]
PF CALI: Strandholt Seeks to Continue Class Cert Bid Filing
-----------------------------------------------------------
In the class action lawsuit captioned as NOEL STRANDHOLT and FRANK
LAWSON, on behalf of themselves and others similarly situated, v.
PF CALI PAYROLL, LLC; PF SUPREME, LLC d.b.a. PLANET FITNESS; and
DOES 1 to 100, inclusive, Case No. 8:24-cv-01256-CV-ADS (C.D.
Cal.), the Plaintiffs will apply for an order continuing the class
certification motion filing and briefing-related deadlines in this
Action.
This Application is made pursuant to the Central District of
California Local Rules 7-19 and 7-19.1, on the grounds that there
is good cause to continue the class certification motion filing and
briefing-related deadlines in this Action.
The circumstances of this matter, such as the prior state court
proceedings, the diligent efforts of the parties to engage in
private mediation, the ongoing class-based discovery efforts, the
efforts of Plaintiffs' counsel to address these hurdles with the
Defendants' counsel, the impact of the recent Los Angeles wildfires
on these efforts, the Defendants' non-opposition to a continuance
of these deadlines, the lack of prejudice to the Defendants, and
the great prejudice to the putative class should the deadlines not
be continued support the Court's granting of this application. This
requested continuance also does not impact the currently set trial
and pre-trial deadlines.
The Plaintiffs bring this ex parte application in lieu of a noticed
Motion because a noticed motion could not reasonably be heard prior
to Plaintiffs' upcoming Feb. 17, 2025, deadline to file their
motion for class certification.
A copy of the Plaintiffs' motion dated Jan. 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TEKO5O at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Jeffrey D. Klein, Esq.
Cassandra A. Castro, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
jklein@lelawfirm.com
ccastro@lelawfirm.com
- and -
Michael Nourmand, Esq.
James A. De Sario, Esq.
THE NOURMAND LAW FIRM, APC
8822 West Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310) 553-3600
Facsimile: (310) 553-3603
E-mail: mnourmand@nourmandlawfirm.com
jdesario@nourmandlawfirm.com
POWERSCHOOL GROUP: Fails to Protect Personal Info, Allen Says
-------------------------------------------------------------
JESSICA ALLEN, JENNA BERRY, on behalf of C.A., a minor, and G.B., a
minor, and all others similarly situated, Plaintiffs v. POWERSCHOOL
GROUP, LLC, and POWERSCHOOL HOLDINGS, INC., Defendant, Case No.
2:25-cv-00410-JDP (E.D. Cal., January 29, 2025) arises from the
Defendant's inadequate data security measures and its breach of its
duty to handle personally identifying information with reasonable
care leading to the access of Plaintiffs' minor children's and
Class Members' PII by hackers.
On January 7, 2025, the Defendant began announcing to schools
across the U.S. that an unauthorized threat actor had accessed
personal employee and student information from customers worldwide
using the PowerSchool Student Information System. The threat actor
accessed and downloaded millions of records from schools worldwide
between December 19 and December 24, 2024.
The Plaintiffs' minor children and Class Members are now at a
significantly increased and certainly impending risk of fraud,
identity theft, misappropriation of health insurance benefits,
intrusion of their privacy, and similar forms of criminal mischief,
risk which may last for the rest of their lives. Consequently,
Plaintiffs' minor children and Class Members must devote
substantially more time, money, and energy to protect themselves,
to the extent possible, from these crimes, says the suit.
The Plaintiffs, their minor children, and the Class, bring claims
for negligence, negligence per se, breach of an implied third-party
contract, unjust enrichment, declaratory judgment and invasion of
privacy, seeking actual and putative damages, with attorneys' fees,
costs, and expenses, and appropriate injunctive and declaratory
relief.
PowerSchool Group, LLC is a cloud-based software solutions provider
for K-12 schools and districts that reportedly supports over 17,000
customers (i.e., schools and school districts) worldwide.[BN]
The Plaintiffs are represented by:
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union Street, Suite 200
San Francisco, CA 94123
Telephone: (415) 788-4220
Facsimile: (415) 788-0161
E-mail: aschubert@sjk.law
- and -
Edward F. Haber, Esq.
Ian J. McLoughlin, Esq.
SHAPIRO HABER & URMY LLP
One Boston Place, Suite 2600
Boston, MA 02108
Telephone: (617) 439-3939
Facsimile: (617) 439-0134
E-mail: ehaber@shulaw.com
imcloughlin@shulaw.com
PROVIDENCE HEALTH: Halter Suit Transferred to W.D. Washington
-------------------------------------------------------------
The case styled as Victoria Halter, individually, on behalf of all
similarly situated participants and beneficiaries of the Plan on
behalf of Providence Health & Services 401(k) Savings Plan v.
Providence Health & Services, Administrative Committee of the
Providence Health & Services 401k Savings Plan, John and Jane Does
1-30, in their capacities as members of the Administrative
Committee, Case No. 3:24-cv-01829-AR was transferred from the U.S.
District Court for the District of Oregon, to the U.S. District
Court for the Western District of Washington on Jan. 29, 2025.
The District Court Clerk assigned Case No. 2:25-cv-00210-JNW to the
proceeding.
The nature of suit is stated as E.R.I.S.A. Labor for Recovery of
Benefits to Employee.
Providence Health & Services -- https://www.providence.org/ -- is a
not-for-profit Catholic healthcare system headquartered in Renton,
Washington.[BN]
The Plaintiff is represented by:
Beth Ann Creighton, Esq.
CREIGHTON & ROSE PC
735 SW First Avenue, Suite 300
Portland, OR 97204
Phone: (503) 221-1792
Fax: (503) 223-1516
Email: beth@civilrightspdx.com
- and -
Beth E. Terrell, Esq.
Jennifer Rust Murray, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 N 34th St., Ste. 300
Seattle, WA 98103-8869
Phone: (206) 816-6603
Fax: (206) 319-5450
Email: bterrell@terrellmarshall.com
jmurray@terrellmarshall.com
- and -
Paul Sharman, Esq.
THE SHARMAN LAW FIRM LLC
11175 Cicero Drive, Ste. 100
Alpharetta, GA 30022
Phone: (678) 242-5297
Fax: (678) 802-2129
Email: paul@sharman-law.com
SKECHERS USA: Faces Colby Suit Over Fake Sale Prices
----------------------------------------------------
SUSAN COLBY, individually and on behalf of all others similarly
situated, Plaintiff v. SKECHERS U.S.A., INC., Defendant, Case No.
2:25-cv-00843-MRA-ADS (C.D. Cal., January 30, 2025) brings claims
on behalf of the Plaintiff and a Nationwide Class and a California
Subclass of consumers who purchased falsely discounted products on
Skechers' website, seeking to recover damages and injunctive or
declaratory relief due to Defendant's intentional and unlawful
practice of using false reference.
According to the complaint, Skechers has engaged in a deceptive
pricing scheme by advertising perpetual or near perpetual discounts
on many of its products supposedly offering discounts of more than
40% off Skechers' self-created, fictitious reference prices.
Skechers represents to consumers that its reference price is the
"regular" or "normal" price of the item, which functions as a new
and inflated reference point from which consumers discount their
"savings" on various products.
Skechers' reference prices are false because Skechers rarely, if
ever, offers the products for the reference price. Instead, the
inflated reference prices allow Skechers to continually advertise
"sale" events and product discounts in order to induce consumers
into purchasing products. In reality, the "sale" price is the price
at which Skechers regularly sells the product, but the consumer has
been tricked into thinking she found a great discount, says the
suit.
Skechers U.S.A., Inc. designs, develops, markets, and distributes
footwear for men, women, and children worldwide.[BN]
The Plaintiff is represented by:
Kyle McLean, Esq.
Lisa R. Considine, Esq.
David J. DiSabato, Esq.
Leslie L. Pescia, Esq.
SIRI & GLIMSTAD LLP
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
E-mail: kmclean@sirillp.com
lconsidine@sirillp.com
ddisabato@sirillp.com
lpescia@sirillp.com
SXB RESTAURANT: Molina Sues Over Failure to Pay Proper Wages
------------------------------------------------------------
Javier Molina, Roberto Bernal Salek, Luis Calle, and Alfonso
Tenezaca, on behalf of themselves and others similarly situated v.
SXB RESTAURANT CORP, d/b/a IL TINELLO, and XHERAT GOCAJ a/k/a
JOHNNY GOCI and BEN CELAJ a/k/a BENNY BELLO, Case No. 1:25-cv-00892
(S.D.N.Y., Jan. 30, 2025), is brought against the Defendants
failure to pay proper wages and discrimination.
"Donald Trump will deport you to your fucking country." This was
the insult, served with an ample side of name-calling and physical
assault, regularly hurled at Plaintiff Javier Molina, a former
busser at Il Tinello. The owners of Il Tinello are hard-core racist
xenophobes that openly abuse their mostly Hispanic staff and
egregiously underpay them, despite their grueling schedules that
are often seven days per week.
All the Class members were subject to the same corporate practices
of Defendants, as alleged herein, of failing to pay minimum wage,
overtime, and spread of hours compensation, of requiring Class
members to split tips with tip ineligible employees, and of failing
to provide adequate wage notices and statements, says the
complaint.
The Plaintiff were employed by the Defendants.
Il Tinello markets itself as an "old school" Italian restaurant
that is both classy and elegant.[BN]
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
Josef Nussbaum, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Phone: (212) 688-5640
Fax: (212) 981-9587
TELEFLORA LLC: Thayer Files Suit Over Hidden Fees
-------------------------------------------------
DEBORAH THAYER, and TRACY MCCARTHY, individually and on behalf of
all others similarly situated, Plaintiffs v. TELEFLORA LLC,
Defendant, Case No. 2:25-at-00156 (E.D. Calif., January 29, 2025)
alleges that Defendants systematically cheats consumers out of
millions of dollars annually by employing a deceptive and illegal
bait-and-switch pricing scheme in violation of the Consumer
Protection Acts of the 50 states, including California's Unfair
Competition Law, California's False Advertising Law, California's
Consumer Legal Remedies Act, New York's Deceptive Acts and Unfair
Trade Practices Act, and New York’s False Advertising Act.
According to the complaint, rather than transparently disclosing
the full cost of the floral arrangement and/or gift item delivery
offered through its e-commerce platform, Defendant instead adds on
previously undisclosed "Surprise Fees," right before the buyer
finalizes the transaction. These Surprise Fees, often labeled as
"service fees," are fees and charges that Defendant does not
disclose to consumers at any point prior to the final stage of the
transaction, and are actually a hidden part of the total price a
consumer must pay for its floral delivery service.
As a result of Defendant's false advertising, the Plaintiffs and
the proposed class have suffered damages. They purchased floral
deliveries they would not otherwise have bought and paid fees they
would not otherwise have paid had they not been drawn in by
Defendant's deceptively low prices, says the suit.
Teleflora LLC is a floral wire service company which brokers orders
to local florists for delivery.[BN]
The Plaintiffs are represented by:
Kristen Simplicio, Esq.
CLARKSON LAW FIRM, P.C.
1050 Connecticut Ave NW, Ste 500
Washington, DC 20036
Telephone: (202) 998-2299
Facsimile: (213) 788-4070
E-mail: ksimplicio@clarksonlawfirm.com
TRIPLE CANOPY: Villalovos Labor Suit Removed to N.D. Calif.
-----------------------------------------------------------
The case styled Raymond Villalovos, an individual, and on behalf of
those similarly situated, and on behalf of all aggrieved employees,
Plaintiffs v. Triple Canopy, Inc., a corporation; and DOES 1
through 100, inclusive, Defendants, Case No. 24CV449130, was
removed from the Superior Court of the State of California in and
for the County of Santa Clara to the United States District Court
for the Northern District of California on January 29, 2025.
The District Court Clerk assigned Case No. 5:25-cv-00938 to the
proceeding.
In the complaint, the Plaintiff alleges, on behalf of those
similarly situated, 10 total causes of action, nine of which are
for various violations of the California Labor Code and one of
which is for "Unfair Competition" under the California Business &
Professions Code.
Triple Canopy, Inc. provides security services.[BN]
The Defendant is represented by:
Sabrina A. Beldner, Esq.
Andrew W. Russell, Esq.
David Szwarcsztejn, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
E-mail: sbeldner@mcguirewoods.com
arussell@mcguirewoods.com
dszwarcsztejn@mcguirewoods.com
TVI INC: Hughes Must File Class Cert Bid by July 31
---------------------------------------------------
In the class action lawsuit captioned as SHEA HUGHES, an
individual, and on behalf of all others similarly situated, v. TVI,
INC., a Washington Corporation; and DOES 1-100, inclusive, Case No.
2:24-cv-00250-WBS-AC (E.D. Cal.), the Hon. Judge William Shubb
entered an order as follows:
1. Plaintiff's deadline to file a motion for class
certification shall be continued until July 31, 2025.
2. Defendant's opposition shall be due by Sept. 5, 2025.
3. Plaintiff's reply shall be due by Sept. 26, 2025.
On Nov. 28, 2023, the Plaintiff Shea Hughes filed a Class Action
Complaint against Defendant in the Superior Court of the State of
California – County of Solano, Case No. CU23-5586 ("Hughes Class
Action").
The Parties agreed to participate in a global mediation for the
Hughes Class Action, the Hughes PAGA Action, the Villanueva Class
Action.
The global mediation occurred on January 24, 2025, and resulted in
a mediator's proposal to which the Parties must respond on or
before Jan. 31, 2025.
TVI operates a chain of thrift stores.
A copy of the Court's order dated Jan. 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=znuTel at no extra
charge.[CC]
The Plaintiff is represented by:
Brandon Brouillette, Esq.
Chad Saunders, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: bbrouillette@crosnerlegal.com
chad@crosnerlegal.com
zach@crosnerlegal.com
The Defendants are represented by:
Adam Y. Siegel, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: Adam.Siegel@jacksonlewis.com
U.S. PAROLE: Seeks March 10 Extension to File Opposition
--------------------------------------------------------
In the class action lawsuit captioned as CHARLES LEWIS, et al., v.
U.S. PAROLE COMISSION, et al., Case No. 1:22-cv-02182-RC (D.D.C.),
the Defendants ask the Court to enter an order granting an
extension of time to Mar. 10, 2025, to oppose the certification
motion and stay further briefing on the dispositive motion for 45
days after the Court rules on the certification motion.
On July 29, 2024, the Court denied the Plaintiffs' motion to
certify the class to allow discovery into the issue of numerosity.
On Jan. 23, 2025, the Plaintiffs filed their renewed motion to
certify the class, as well as a motion for summary judgment.
United States Parole is responsible for granting or denying parole
to, and supervising the parole releases of, incarcerated
individuals who fall under its jurisdiction.
A copy of the Defendants' motion dated Jan. 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6ZkDku at no extra
charge.[CC]
The Defendants are represented by:
Erika Oblea, Esq.
Stephanie R. Johnson, Esq.
601 D Street, NW
Washington, DC 20530
Telephone: (202) 252-2500
E-mail: Stephanie.Johnson5@usdoj.gov
erika.oblea@usdoj.gov
UMPQUA BANK: Seeks to Decertify Class in Camenisch Suit
-------------------------------------------------------
In the class action lawsuit captioned as SHELA CAMENISCH, et al.,
v. UMPQUA BANK, Case No. 5:20-cv-05905-PCP (N.D. Cal.), the
Defendant asks the Court to enter an order to:
(i) continue the trial and revisit whether the case is
certifiable (and Plaintiffs' standing) in light of the
Plaintiffs' shift in theory and allow Umpqua to prepare for
a concealment case; or
(2) decertify the class and allow the Plaintiffs to proceed to
trial on an individual basis.
Umpqua is entitled to fair notice of the theory it is being asked
to defend against. For the past four years, Umpqua believed
(because it was put on notice) that it was defending against a
Ponzi scheme theory.
Umpqua is a financial holding company.
A copy of the Defendant's motion dated Jan. 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YKlnbn at no extra
charge.[CC]
The Defendant is represented by:
Keith Ketterling, Esq.
Lydia Anderson-Dana, Esq.
Madeleine Holmes, Esq.
Erin E. Roycroft, Esq.
STOLL BERNE
209 SW Oak Street, Suite 500
Portland, OR 97204
Telephone: (503) 227-1600
Facsimile: (503) 227-6840
E-mail: kketterling@stollberne.com
landersondana@stollberne.com
mholmes@stollberne.com
eroycroft@stollberne.com
- and -
Kasey J. Curtis, Esq.
Charles P. Hyun, Esq.
Kathryn Bayes, Esq.
REED SMITH LLP
515 South Flower Street, Suite 4300
Los Angeles, CA 90071
Telephone: (213) 457-8089
Facsimile: (213) 457-8080
E-mail: kcurtis@reedsmith.com
chyun@reedsmith.com
kbayes@reedsmith.com
UMR INC: Must Oppose Class Cert Bid by March 4
----------------------------------------------
In the class action lawsuit captioned as Luke Troxel, individually
and on behalf of all others similarly situated; and Philip Kampa,
v. UMR, Inc., Case No. 0:23-cv-02521-JWB-TNL (D. Minn.), the Hon.
Judge Jerry Blackwell entered an order approving stipulation to
modify the motion for class certification briefing schedule.
-- The Defendant may file its opposition to Plaintiffs' motion
for class certification on or before March 4, 2025, and
-- The Plaintiffs' deadline to file their reply in support of
their motion is now March 25, 2025.
UMR provides third-party benefits administration services.
A copy of the Court's order dated Jan. 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=66sIz6 at no extra
charge.[CC]
VISA INC: Faces SK8-BRD-BMX Suit Over Debit Market Conspiracy
-------------------------------------------------------------
SK8-BRD-BMX INC., Plaintiff v. VISA INC., Defendant, Case No.
1:25-cv-00855 (S.D.N.Y., January 29, 2025) is a class action
brought by the Plaintiff, on its own behalf and on behalf of the
Class, under federal antitrust law and the various state laws
against Defendant Visa Inc. for the injuries they sustained from
Visa's anticompetitive conduct in the markets for general purpose
debit network services and card-not-present debit network services
in the United States.
With its market dominance, the complaint says that Visa imposes
supracompetitive fees on merchants through their acquiring banks,
who process payments for merchants as their agents, pay Visa a fee
for each transaction on its network as well as additional fees and
costs, and then charge those fees through to merchants. These fees
represent a substantial cost burden that merchants are obligated to
bear when accepting debit card payments. By controlling the
majority of debit transactions, Visa deprives rival networks of the
scale needed to grow, discouraging innovation and competitive
pricing, says the suit.
Visa also targets potential fintech competitors that could disrupt
its market share. Fearing the emergence of alternative debit
networks, Visa offers incentives to these companies in exchange for
agreements not to develop competing products. In some cases, such
as with Plaid, Visa has attempted to acquire competitors outright
to neutralize potential threats, the suit asserts.
The Plaintiff, like millions of U.S. merchants, relies on debit
networks to process debit transactions.
Visa Inc. is an American multinational payment card services
corporation headquartered in San Francisco, California.[BN]
The Plaintiff is represented by:
Alexander W. Cogbill, Esq.
ZELLE LLP
45 Broadway, Suite 920
New York, NY 10006
Telephone: (646) 876-4420
E-mail: acogbill@zellelaw.com
- and -
Christopher T. Micheletti, Esq.
Qianwei Fu, Esq.
ZELLE LLP
555 12th Street, Suite 1230
Oakland, CA 94607
Telephone: (415) 693-0700
E-mail: cmicheletti@zellelaw.com
qfu@zellelaw.com
VOLKSWAGEN GROUP: Worthington Balks at Oil Consumption Defect
-------------------------------------------------------------
SCOTT WORTHINGTON, individually and on behalf of all others
similarly situated, Plaintiff v. VOLKSWAGEN GROUP OF AMERICA, INC.,
a New Jersey Corporation, d/b/a VOLKSWAGEN OF AMERICA, INC., and
VOLKSWAGEN AG, a German Corporation, Defendants, Case No.
2:25-cv-00832 (D.N.J., January 30, 2025) arises from the
Defendants' failure to disclose to Plaintiff and similarly situated
consumers that the VW Tiguan vehicles contain a design defect which
causes them to consume an excessively high rate of engine oil.
According to the complaint, the Oil Consumption Defect requires
vehicle operators to re-fill or top off their oil at intervals
significantly shorter than those set forth by VW. This frequent
replenishment of oil requires consumers to incur out of pocket
expenses that were not contemplated at the time of purchase.
Further, the Oil Consumption Defect can cause unexpected engine
stalling and engine failure while the Class Vehicles are in
operation at any time and under any driving condition or speed.
This exposes the driver and occupants of the Class Vehicles, as
well as others who share the road with them, to an increased risk
of an accident, says the suit.
The Plaintiff seeks protection and relief for owners and lessees of
the Class Vehicles for the harm they have suffered, and the safety
risks they face, from Defendants' breaches of express and implied
warranties and Defendants' unfair, unlawful, and deceptive trade
practices.
Volkswagen Group of America, Inc. markets and distributes
automobiles and auto parts.[BN]
The Plaintiff is represented by:
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
Juliette T. Mogenson, Esq.
SAUDER SCHELKOPF LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Telephone: (610) 200-0581
E-mail: mds@sstriallawyers.com
jbk@sstriallawyers.com
jtm@sstriallawyers.com
ZILLOW INC: Wilson Files TCPA Suit in W.D. Wash.
------------------------------------------------
A class action has been filed against Zillow Inc. The case is
captioned as Chet Michael Wilson, individually and on behalf of all
others similarly situated v. Zillow Inc., a Washington registered
corporation, Case No. 2:25-cv-00048-TLF (W.D. Wash., January 8,
2025).
The case is related to the restrictions of use of telephone
equipment under the Telephone Consumer Protection Act.
The suit is assigned to Judge Theresa L. Fricke.
Zillow Inc. is a tech real-estate marketplace company.[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
KAUFMAN PA
237 S Dixie Hwy, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
- and -
Eric R. Draluck, Esq.
271 Winslow Way E Suite 11647
Bainbridge Island, WA 98110
Telephone: (206) 605-1424
E-mail: eric@dralucklaw.com
[^] Class Action Conference Opening Night Cocktail Reception May 7
------------------------------------------------------------------
Registration is now open for the 9TH ANNUAL CLASS ACTION MONEY &
ETHICS CONFERENCE, to be held May 7-8, 2025, at The Harmonie Club,
New York City. The 2025 Conference Agenda will be announced
shortly so stay tuned for updates.
Once a year, the top industry experts gather together to discuss
the latest topics and trends in class action. This value-packed
event features special presentations from keynote speakers and live
panel discussions with industry experts, and provides networking
opportunities with other professionals.
Register at https://www.classactionconference.com Breakfast and
lunch included.
Join us for the OPENING NIGHT COCKTAIL RECEPTION on May 7 from 5-7
p.m. also at The Harmonie Club. Enjoy specialty cocktails and hors
d'oeuvres with other professionals attending the conference. There
is no additional cost to attend the opening reception. The
reception is included in the cost of conference registration so
join us!
Missed last year's event? Check the 2024 CAME conference agenda at
https://www.classactionconference.com/agenda.html Videos of the
conference are available on-demand at
https://www.classactionconference.com/2024-video-replays.html
For sponsorship opportunities, contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
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