/raid1/www/Hosts/bankrupt/CAR_Public/250417.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, April 17, 2025, Vol. 27, No. 77
Headlines
3M COMPANY: Butte-Silver Bow Sues over PFAS-Containing Gear
3M COMPANY: Molitor Suit Removed to N.D. Alabama
AAVC: Sued Over Illegal Subverting of Competition
ABEO SOLUTIONS: Yukna Alleges Data Privacy Violations
AIR LINE PILOTS: Reynolds Suit Transferred to N.D. Illinois
AIRPORT MANAGEMENT: Must File Class Cert Opposition by April 18
AKA TREE: Fails to Pay Proper Wages, Yeoman Alleges
ALLARITY THERAPEUTICS: "Mukeljic" Suit Dismissed
AMBASSADOR GROUP: Class Settlement in DOYBI Gets Final Nod
AMEREN ILLINOIS: Hawkins Balks at Workplace Race Discrimination
AMICA MUTUAL: Bid for Prelim OK of Settlement Tossed w/o Prejudice
ASP ISOTOPES: Intends to Defend "Corredor" Shareholder Suit
ASPYR MEDIA: Mickelonis Suit Seeks Rule 23 Class Certification
AUSTIN SHERMAN: Standing Order Entered in Dunn Class Action
AXT INC: Continues to Defend Shareholder Class Suit in New York
BAKKT HOLDINGS: Faces Frankin Class Suit Over Share Price Drop
BETTERHELP INC: Class Cert Briefing Deadlines Continued
BETTERHELP INC: Class Cert Briefing Deadlines Continued in C.M.
BETTERHELP INC: Class Cert Briefing Deadlines Continued in R.S.
BIOVENTUS INC: Settlement Reached in Ciarciello Securities Suit
BLUE RIDGE BANKSHARES: Settles Securities Suit after Mediation
BOBA GUYS: Boba Pearls Contains Toxic Chemicals, Totten Says
CANOPY GROWTH: Faces Securities Class Action Lawsuit
CARIBOU BIOSCIENCES: Court Approves Settlement in Bergman Suit
CARIBOU BIOSCIENCES: Faces Saylor Shareholder Suit over Disclosures
CASA AZUL: Property Inaccessible to Disabled People, Wade Says
CHUBB LTD: Must Oppose Class Cert. by April 25
CORNERSTONE BUILDING: Continues to Defend Water Island Class Suit
CPI AEROSTRUCTURES: "Rodriguez" Terminated Following Settlement OK
CROWDSTRIKE HOLDINGS: Airline Sensor-Related Suit Consolidated
CROWDSTRIKE HOLDINGS: Seeks Dismissal of Consolidated Suit
CS CONTRACT: Court Extends Time to File Class Cert Response
DELTA AIR LINES: Filing for Class Cert Bid Extended to June 30
DOCKSIDE CONDOMINIUMS: May Face Class Suit Over Tortious Conduct
DONE GLOBAL: Bid for Class Certification Due March 13, 2026
FA BARTLETT: Parties in Bowen Seek to Amend Class Cert Briefing
FASHION NOVA: Faces Hernandez Class Suit Over Fake Regular Prices
FIRST COMMUNITY BANKSHARES: To Settle Securities Suit for $4.8MM
FLORIDA: Immigrant Coalition Seeks to Enjoin S.B. 4C Enforcement
GEORGE JUNIOR: Dismissed from Clark Class Action
GRINDR INC: Settlement in Data Privacy Suit for Court OK
HEALTHLINE MEDIA: Velasco Sues Over Data Privacy Violations
HP INC: Zimmerman, et al., Appointed as Class Counsel in MEHC
IMMUNITYBIO INC: Settlement Class Gets Provisional Certification
INTRASYSTEMS LLC: Fails to Secure Personal Info, Hochberg Says
KRAFT HEINZ: Filing for Class Cert Bid in Sisca Suit Due July 9
LEAD DOG: Court Extends Time to File Class Cert Reply
LEE UNIVERSITY: Fails to Prevent Data Breach, Vaught Alleges
LENDINGTREE LLC: Wins Bid for Summary Judgment v. Sapan
LIBERTY MUTUAL: Blain's Bid for Class Cert Tossed w/o Prejudice
LINCOLN NATIONAL: Continues to Defend Grink Class Suit in N.J.
LINCOLN NATIONAL: Continues to Defend Morgan Class Suit in Texas
LIVE NATION: Amended Bid to Compel Arbitration in Paxson OK'd
LOS ANGELES, CA: Filing for Class Cert Bid in Berg Due Sept. 12
MAIDEN HOLDINGS: Dismissal of Securities Suit Under Appeal
MCA MERRILLVILLE: Napoleon Suit Seeks to Certify Rule 23 Class
MCGILL UNIVERSITY: Student Sues Over Discrimination, Antisemitism
MDL 2724: Settlement in Antitrust Suit Gets Initial Nod
MINT URBAN: Jury Rules Payment of $13.5M in Property False Ads Suit
NATIONWIDE INSURANCE: Court Dismisses Nutt Class Suit
NONSTOP ADMINISTRATION: Settlement Class Gets Certification
NORTHEAST ORTHOPAEDICS: Fails to Prevent Data Breach, Wallen Says
NORWOOD FINANCIAL: Continues to Defend MOVEit Class Suit
OS RESTAURANT: Fails to Pay Proper Wages, Yarbrough Alleges
PACIFIC GAS: Faces Class Lawsuit Over Capitola Village Explosion
PROMPTCARE COMPANIES: Hicks Seeks Hourly Workers' Unpaid Wages
RCP MEATS: Wee-Ellis Seeks Equal Website Access for the Blind
SLEEP NUMBER CORP: Faces Consumer Suit in California
SOAREN MANAGEMENT: Faces Gill Class Over Loansharking Scheme
SOUTHWEST AIRLINES: Filing for Class Cert Bid Extended
SPROUTS FARMER'S: Butter Products Contain Toxic Cadmium, Hart Says
STAPLES CONTRACT: Class Cert. Filing in Felix Continued to June 2
SYSTEM1 INC: Settlement Reached in Consumer Subscription Suit
TAPESTRY INC: Class Cert. Bid Filing in Ayala Due July 25
TESLA INC: Hinton Suit Removed from State Court to C.D. Cal.
TOWN AND COUNTRY BANK: Settlement Reached in Securities Suit
TRUECARE PROPERTY: Disclose Data Without Consent, Wright Alleges
TRULIEVE HOLDINGS: Faces Class Suit Over THC Content in Edibles
TRULIEVE HOLDINGS: Faces Class Suit Over THC Content in Edibles
ULTA BEAUTY: Has Made Unsolicited Calls, El Sayed Suit Claims
UNIVERSAL MUSIC: Shah Sues Over Illegal Wiretapping
UNIVERSITY OF PHOENIX: Dawson Sues Over Data Privacy Violations
VIATRIS INC: Faces Securities Fraud Class Action Lawsuit
VIP PRO: Web Site Not Accessible to Blind Users, Wills Says
WEBY CORP: Jones Suit Seeks Equal Website Access for the Blind
WINDSOR FASHIONS: Initial Case Order Entered in Petersen Suit
XPONENTIAL FITNESS: Continues to Defend Federal Securities Suit
XPONENTIAL FITNESS: McGill Class Suit Settlement for Court Approval
YAHOO INC: Baker Sues Over Unlawful Interception of Communications
ZELIS HEALTHCARE: Danny Bachoua Sues Over Destructive Market
ZR CONSULTING: Mott Files TCPA Suit in N.D. Georgia
ZWILLING J.A.: Rodriguez Removed from State Ct. to C.D. Cal.
[^] Most Active Class Action Firms of 2024 Announced
*********
3M COMPANY: Butte-Silver Bow Sues over PFAS-Containing Gear
-----------------------------------------------------------
The City and County of Butte-Silver Bow, individually and on behalf
of all others similarly situated v. 3M COMPANY (F/K/A MINNESOTA
MINING AND MANUFACTURING COMPANY); DUPONT DE NEMOURS, INC.; THE
CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; CORTEVA, INC.;
GLOBE MANUFACTURING COMPANY, LLC; W.L. GORE & ASSOCIATES, INC.; and
LION GROUP, INC., Case No. 2:25-cv-00036-KLD (D. Mont., April 3,
2025), is brought against Defendants for harm resulting from the
sale of turnout gear containing PFAS to fire departments and fire
responding agencies.
3M and Chemours intentionally manufactured, distributed, marketed,
and/or sold PFAS to companies, including Defendants Globe, Gore,
and Lion, which also manufacture, distribute, or sell turnout gear
without disclosing to Plaintiffs and the putative class the dangers
of PFAS that were known to each of those entities.
For decades, while fully aware of the health risks posed by PFAS
products, Defendants, through a common enterprise (the "PFAS
Concealment Enterprise"), sold PFAS-infused products to fire
departments and public entities that respond to fires without
disclosing the toxicity of turnout gear. Defendants never disclosed
to fire departments and public entities using turnout gear that
PFAS in turnout gear is extremely dangerous to health, property,
and the environment. Instead, those entities collaborated to
conceal the truth and such concealment was a common purpose of the
PFAS Concealment Enterprise.
Although some Defendants have paid billions of dollars as a result
of water pollution from their PFAS production, Defendants in this
action have not paid a dime for selling turnout gear infused with
PFAS to fire departments. Plaintiff files this action to remedy
that injustice. The presence of PFAS in turnout gear requires that
the PFAS-impregnated gear be replaced as soon as possible. The cost
of turnout gear (excluding respirators) is approximately $3,000 per
suit, with many departments providing two suits for each
firefighter. There are approximately 1,042,000 firefighters in the
United States, so replacement costs could and should run into the
billions.
The Plaintiff, on behalf of a class of fire departments and
responding agencies who bought turnout gear treated/infused with
PFAS, brings claims under the Racketeering Influenced and Corrupt
Organization Act ("RICO") and various state laws seeking damages in
the form of money to replace turnout gear and a corrective notice
to all members of the class that provides a proper warning
regarding the dangers of PFAS infused turnout gear, says the
complaint.
The Plaintiff, the City and County of Butte-Silver Bow, in the
state of Montana, is a consolidated city and county government.
3M Company ("3M"), formerly known as Minnesota Mining and
Manufacturing Company, is a Delaware corporation that does business
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. Bliven, Esq.
BLIVEN LAW FIRM, PC
704 S. Main
Kalispell, MT 59901
Phone: (406) 755-6828
Email: mike@blivenlawfirm.com
- and -
John Heenan, Esq.
HEENAN & COOK
1631 Zimmerman Trail
Billings, MT 59102
Phone: (406) 839-9091
Email: john@lawmontana.com
- and -
Steve W. Berman, Esq.
Craig R. Spiegel, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Phone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
craigs@hbsslaw.com
3M COMPANY: Molitor Suit Removed to N.D. Alabama
------------------------------------------------
The case styled as John Molitor, et al., and others similarly
situated, and also on behalf of all aggrieved employees v. 3M
COMPANY, f/k/a Minnesota Mining and Manufacturing Co.; AGC
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.;
ARKEMA, Inc.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS INC.; CHEMGUARD,
INC.; CHEMICALS, INC.; 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. DUPONT DE NEMOURS AND COMPANY;
JOHNSON CONTROLS, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor in interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), inclusive, Case No. 01-CV-2025-900751.00 was
removed from the Circuit Court for the Tenth Judicial Circuit,
Jefferson County, Alabama, to the United States District Court for
the Northern District of Alabama on April 2, 2025, and assigned
Case No. 2:25-cv-00487-JHE.
The Plaintiffs seek to hold 3M and certain other Defendants liable
based on their alleged conduct in designing, manufacturing, and/or
selling aqueous film forming foams ("AFFF") that Plaintiffs allege
were used in firefighting activities, thereby causing injury to
Plaintiffs.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Phone: (205) 581-0700
Email: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
AAVC: Sued Over Illegal Subverting of Competition
-------------------------------------------------
Riley Amore; and Caroline Parker, individually and on behalf of all
others similarly situated v. AMERICAN ASSOCIATION OF VETERINARY
CLINICIANS (AAVC); SOLUTION INNOVATIONS, INC.; VCA ANIMAL
HOSPITALS, INC.; BLUEPEARL OPERATIONS, LLC; MEDVET ASSOCIATES, LLC;
RED BANK VETERINARY HOSPITAL, P.C.; UNIVERSITY OF PENNSYLVANIA
SCHOOL OF VETERINARY MEDICINE; CUMMINGS SCHOOL OF VETERINARY
MEDICINE AT TUFTS UNIVERSITY; PATHWAY VET ALLIANCE, LLC; THE ANIMAL
MEDICAL CENTER, INC., Case No. 7:25-cv-00229-EKD-CKM (W.D. Va.,
April 2, 2025), is brought against the Defendants who are a
consortium of organizations that have illegally subverted the
system of free competition in the U.S. labor market for veterinary
interns and residents.
Instead of competing to hire veterinary interns and residents and
allowing these individuals to negotiate better terms of employment
and move between employers, Defendants have collectively designed
and agreed to participate in a scheme that intentionally suppresses
competition by forcing all such individuals to apply for employment
through a system called the Veterinary Internship and Residency
Matching Program (the "VIRMP").
The rules of VIRMP eliminate the prospective employees' ability to
negotiate over the terms of employment they are offered, restricts
them from moving between employers after they are hired, bars them
from applying for veterinary internship and residency positions
outside of the VIRMP, and provides the means for Defendants to
police their co-conspirators compliance with these rules. The
VIRMP, in conjunction with the rules that govern it, is an
anticompetitive agreement between virtually every employer of
veterinary interns and residents in the United States, as well as
the American Association of Veterinary Clinicians, and Solution
Innovations, Inc.
The employers and institutions comprising and participating in the
VIRMP further conspire to suppress, fix, stabilize, and standardize
the compensation of veterinary interns and residents by exchanging
competitively sensitive compensation information regarding
residents' salaries and other employment benefits.
As a result of this anticompetitive conspiracy, veterinary interns
and residents have suffered from artificially suppressed wages and
employment benefits and been unable to improve their working
conditions. The Plaintiffs bring this action, individually and on
behalf of the proposed Class, to seek redress for the harm caused
by Defendants' breach of the Sherman Act and to stop their illegal
conspiracy, says the complaint.
The Plaintiffs were employed as veterinary interns.
The Defendant AAVC is a membership organization with both
individual veterinary clinician members and institutional
members.[BN]
The Plaintiff is represented by:
Roman Lifson, Esq.
David B. Lacy, Esq.
CHRISTIAN & BARTON, LLP
901 E. Cary Street, Suite 1800
Richmond, VA 23219
Phone: (804) 697-4100
Fax: (804) 697-6112
Email: rlifson@cblaw.com
dlacy@cblaw.com
- and -
Frank S. Hedin, Esq.
Julie Holt, Esq.
HEDIN LLP
1395 Brickell Avenue, Suite 610
Miami, FL 33131
Phone: (305) 357-2107
Email: fhedin@hedinllp.com
jholt@hedinllp.com
- and -
Tyler K. Somes, Esq.
HEDIN LLP
1100 15th Street NW, Ste 04-108
Washington, D.C. 20005
Phone: (202) 900-3331
Email: tsomes@hedinllp.com
- and -
Matthew J. Perez, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
Phone: (212) 233-6444
Facsimile: (212) 223-6334
Email: matt.perez@scott-scott.com
- and -
Patrick McGahan, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06145
Phone: (860) 537-5537
Facsimile: (860) 537-4432
Email: pmcgahan@scott-scott.com
ABEO SOLUTIONS: Yukna Alleges Data Privacy Violations
-----------------------------------------------------
KRISTIN YUKNA, individually and on behalf of all others similarly
situated, Plaintiff v. ABEO SOLUTIONS, LLC D/B/A CRYSTAL PRACTICE
MANAGEMENT; SCHEDULE YOUR EXAM, LLC; and MORFOOT FAMILY EYE CARE
LLC, Defendants, Case No. 1:25-cv-03658 (April 4, 2025) alleges
violation of the Health Insurance Portability and Accountability
Act.
The Plaintiff alleges in the complaint that unbeknownst to the
Plaintiff and other visitors to the Defendants' websites, their
private personal and health information was not actually being kept
private.
Each of the Plaintiff and Class Members used the Portal and had
their personal Sensitive Health Information tracked by Defendants
using the Tracking Tools. However, the Defendants never obtained
authorization from the Plaintiff or Class Members to share their
Sensitive Health Information with third parties. At all times
relevant to this action, the Plaintiff and Class Members gave no
informed consent for information about their Sensitive Health
Information to be transmitted to the third parties, including the
largest advertiser and compiler of user information, says the
suit.
Abeo Solutions Inc. is a software development, hospitals & clinics,
and software company. [BN]
The Plaintiff is represented by:
Kyle McLean, Esq.
Tyler J. Bean, Esq.
Sonjay C. Singh, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Email: kmclean@sirillp.com
tbean@sirillp.com
ssingh@sirillp.com
AIR LINE PILOTS: Reynolds Suit Transferred to N.D. Illinois
-----------------------------------------------------------
The case captioned as Jessica Reynolds, and others similarly
situated v. Air Line Pilots Association, International, Case No.
2:24-cv-01422 was transferred from the U.S. District Court for the
Southern District of Ohio, to the U.S. District Court for the
Northern District of Illinois on April 2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-03553 to the
proceeding.
The lawsuit is brought over alleged violation of the Railway Labor
Act.
The Air Line Pilots Association, International --
https://www.alpa.org/ -- is the largest pilot union in the world,
representing more than 79,000 pilots from 42 US and Canadian
airlines.[BN]
The Plaintiff is represented by:
Shmuel Shmelke Kleinman, Esq.
Frank Bartela, Esq.
Patrick J. Perotti, Esq.
Nicole T. Fiorelli, Esq.
DWORKEN & BERNSTEIN CO., L.P.A.
60 South Park Place
Painesville, OH 44077
Phone: (440) 352-3391
Email: skleinman@dworkenlaw.com
fbartela@dworkenlaw.com
pperotti@dworkenlaw.com
nfiorelli@dworkenlaw.com
The Defendant is represented by:
Julie C Ford, Esq.
DOLL, JANSEN & FORD
111 West First Street, Suite 1100
Dayton, OH 45402-1156
Phone: (937) 461-5310
Email: jford@djflawfirm.com
- and -
Evin Farber Isaacson, Esq.
Jim K. Lobsenz, Esq.
Joshua J. Ellison, Esq.
AIR LINE PILOTS ASSOCIATION, INT'L
7950 Jones Branch Drive, Ste. 400s
McLean, VA 22102
Phone: (703) 481-2440
Email: evin.isaacson@alpa.org
Jim.Lobsenz@alpa.org
Joshua.Ellison@alpa.org
AIRPORT MANAGEMENT: Must File Class Cert Opposition by April 18
---------------------------------------------------------------
In the class action lawsuit captioned as SHUNDREA HARDY, v. AIRPORT
MANAGEMENT SERVICES, LLC, et al., Case No. 2:24-cv-03945-FLA-PD
(C.D. Cal.), the Hon. Judge Fernando Aenlle-Rocha entered an order
approving stipulation to set briefing schedule and hearing date on
motion for class certification:
1. The Plaintiff Shundrea Hardy's deadline to file a motion for
class certification shall be March 28, 2025.
2. The Defendant Airport Management Services, LLC's deadline to
file an opposition to the Motion shall be April 18, 2025.
3. The Plaintiff's deadline to file a reply brief in support of
the Motion shall be April 25, 2025.
4. A hearing on the motion is set for May 9, 2025, at 1:30 p.m.
A copy of the Court's order dated March 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bemhRj at no extra
charge.[CC]
AKA TREE: Fails to Pay Proper Wages, Yeoman Alleges
---------------------------------------------------
JUSTIN YEOMAN, individually and on behalf of all others similarly
situated, Plaintiff v. AKA TREE SERVICE, LLC; and JACOB SOLTYSIAK,
Defendants, Case No. 2:25-cv-00086-RWS (N.D. Ga., April 4, 2025)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Yeoman was employed by the Defendants as a laborer.
AKA Tree Service, LLC offers tree removal, tree trimming, stump
grinding, lot clearing, and tree services. [BN]
The Plaintiff is represented by:
Carlos V. Leach, Esq.
Jordan P. Rose, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
Email: cleach@theleachfirm.com
jrose@theleachfirm.com
ppalmer@theleachfirm.com
ALLARITY THERAPEUTICS: "Mukeljic" Suit Dismissed
------------------------------------------------
On September 13, 2024, a purported class action captioned Osman
Mukeljic v. Allarity Therapeutics, Inc., et al, 1:24-cv-06952, was
filed in the United States District Court for the Southern District
of New York against Allarity Therapeutics, Inc. and certain of its
current and former officers.
The complaint alleged, among other things, that defendants made
false and misleading statements and/or failed to disclose
information related to Dovitinib NDA's continued regulatory
prospects and purported misconduct in connection with the Dovitinib
NDA and/or the Dovitinib-DRP PMA. The complaint asserted
violations of Section 10(b) of the Securities Exchange Act of 1934
and Rule 10b-5 thereunder against all defendants as well as
violations of Section 20(a) of the Exchange Act against the
individual defendants.
On February 26, 2025, the Company issued a press release announcing
the dismissal of this class action lawsuit, the Company disclosed
in a Form 10-K report for the year ended December 31, 2024, filed
with the U.S. Securities and Exchange Commission.
Allarity Therapeutics, Inc. (NASDAQ: ALLR), is a clinical-stage
biopharmaceutical company, engages in developing oncology
therapeutics using drug-specific companion diagnostics generated
by
its drug response predictor technology. Its drug candidates
include
Stenoparib, a poly-ADP-ribose polymerase inhibitor that is in
Phase
2 clinical trials for ovarian cancer; Dovitinib, a pan- tyrosine
kinase inhibitor for the treatment of renal cell carcinoma;
IXEMPRA, a microtubule inhibitor for the treatment of metastatic
breast cancer; LiPlaCis, a liposomal formulation of cisplatin,
which is in Phase 2 clinical trials for metastatic breast cancer;
and 2X-111, a liposomal formulation of doxorubicin that is in
Phase
2 clinical trials for metastatic breast cancer and glioblastoma
multiforme. The company was incorporated in 2004 and is
headquartered in Cambridge, Massachusetts.
AMBASSADOR GROUP: Class Settlement in DOYBI Gets Final Nod
----------------------------------------------------------
In the class action lawsuit captioned as DEL OBISPO YOUTH BASEBALL,
INC. d/b/a DANA POINT YOUTH BASEBALL, individually and on behalf of
all other similarly situated individuals and entities, v. THE
AMBASSADOR GROUP LLC d/b/a AMBASSADOR CAPTIVE SOLUTIONS, et al.,
Case No. 8:21-cv-00199-SPG-DFM (C.D. Cal.), the Hon. Judge Sherilyn
Peace Garnett entered an order as follows:
1. Granting the Plaintiffs' motion for final approval of class
action settlement;
2. Certifying the Settlement Class, as described supra section
I.C.1 for settlement purposes only;
3. Approving the amended settlement agreement;
4. Appointing the Plaintiff DPYB as Class representative;
5. Appointing Michael F. Ram and Marie N. Appel of Morgan &
Morgan Complex Litigation Group and Gretchen M. Nelson and
Gabriel S. Barenfeld of Nelson & Fraenkel LLP as Class
Cousel.
6. Appointing CPT Group, Inc., as the Settlement Administrator;
7. Granting a service award of $1,000 to the class
representative; and
8. Granting the fees motion, awarding attorneys' fees and
expenses of $ 65,000 to Class Counsel.
No later than 14 calendar days from the date of this order, the
Plaintiffs' counsel shall submit to the Court a proposed judgment
in accordance with this order.
The Court finds that the parties have negotiated the Amended
Settlement Agreement at arm's length. Accordingly, this factor
weighs in favor of approval of the proposed Settlement.
The Amended Settlement Agreement seeks to certify a nationwide
settlement class ("Settlement Class") defined as:
"All members of PONY National that purchased a general
commercial, accident, directors' and officers', auto and/or
other type of policy bounded by Gagliardi Insurance Services,
Inc. and that made such purchase in the United States on or
after Jan. 1, 2018 through Jan. 28, 2021."
Excluded from the Settlement Class are "(i) Ambassador and its
officers and directors; (ii) all Settlement Class Members who
timely and validly request exclusion from the Settlement
Class; and (iii) the Judge or Magistrate Judge to whom the
action is assigned and, any member of those Judges' staffs or
immediate family members."
The case is a nationwide class action lawsuit brought by the
Plaintiff.
The Plaintiff is a nonprofit organization that provides "the means
for community youth in South Orange County to develop qualities and
attributes through baseball." The Plaintiff is a member of "Protect
Our Nation’s Youth Baseball, Inc.," a larger nonprofit
organization that is comprised of over 500,000 players in 4,000
leagues located throughout the United States and in more than 40
countries
On January 28, 2021, the Plaintiff filed its Class Action Complaint
against Defendants Ambassador, White, Performance, and Goldenstar,
alleging five causes of action: (1) Racketeer Influenced and
Corrupt Organizations Act (RICO); (2) conversion; (3) unjust
enrichment; (4) unfair competition; and (5) negligence.
Ambassador is a property investment, development, asset management,
capital raising, and advisory business.
A copy of the Court's order dated March 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=n72tun at no extra
charge.[CC]
AMEREN ILLINOIS: Hawkins Balks at Workplace Race Discrimination
---------------------------------------------------------------
SOLOMON HAWKINS, individually, and on behalf of all others
similarly situated v. AMEREN ILLINOIS COMPANY, JEFFREY B. BURK,
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, ANTHONY COOK, JAKE
ELLIS, and KYLE STORM, Case No. 3:25-cv-00503 (S.D. Ill., April 2,
2025) is a class action suit brought to remedy a pervasive policy
and practice of race discrimination and harassment instituted and
maintained by the Defendants in a continuing violation of federal
law on behalf of all prospective, former, current, and future Black
non-management applicants for and employees within Ameren Illinois'
Apprentice and Skilled Craft workforce.
The Plaintiff, and the class he seeks to represent, alleges that
Ameren and Jeffrey Burk employ discriminatory company-wide policies
and practices regarding hiring, testing, training, assigning duties
and overtime opportunities, reviewing, evaluating, following union
contracts, extending probationary terms, implementing discipline,
and other opportunities. These discriminatory practices unlawfully
prevent the hiring of Black individuals; segregate Ameren's
workforce; deny Black employees income and advancement
opportunities; and cause the probation extension, discipline, or
termination of Black employees because of their race.
The Plaintiff, and the class he seeks to represent, alleges that
IBEW and Tony Cook employ discriminatory union-wide policies and
practices regarding representation of Black applicants for and
employees within Ameren, through IBEW's individual actions and
working in concert with Ameren. These discriminatory practices
unlawfully prevent the hiring of Black individuals, segregate
Ameren's workforce, deny Black individuals income and advancement
opportunities, and cause the discipline or termination of Black
individuals because of their race, says the suit.
The Plaintiff, and the class he seeks to represent, alleges that
Ameren, Jeffrey Burk, IBEW, and Tony Cook worked in concert to
effectuate company-wide and union-wide policies and practices that
created systemic discrimination, segregation, harassment and
retaliation of Black individuals within Ameren's Apprentice and
Skilled Craft workforce. This lawsuit is brought by the Plaintiff
on behalf of himself and other Black individuals who applied at,
work for, or previously worked for Ameren and have been harmed by
Defendant's company-wide pattern or practice of race discrimination
and discriminatory policies and practices. The action seeks
class-wide injunctive relief and an end to the Defendants'
discriminatory practices.
AMEREN ILLINOIS COMPANY is an is an American power company.[BN]
The Plaintiff is represented by:
Diana E. Wise, Esq.
WISE LAW LLC
W Highway 50, No. 601
O'Fallon, IL 62269
Telephone: 217-556-8036
E-mail: dwise@wiseconsumerlaw.com
AMICA MUTUAL: Bid for Prelim OK of Settlement Tossed w/o Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as Chase Whitehead, v. Amica
Mutual Insurance Company, Case No. 2:22-cv-01978-DJH (D. Ariz.),
the Hon. Judge Diane J. Humetewa entered an order denying without
prejudice the Plaintiff's unopposed motion for preliminary approval
of class action settlement and certification of the Settlement
Class.
Further, the Court gives the Plaintiff leave to affirmatively show
how it has satisfied all the requirements of Rule 23(a) and (b).
Because the Plaintiff has failed to meet its burden of
affirmatively showing that it has satisfied all the requirements of
Rule 23(a) and (b), the Court said it cannot certify the class.
The case alleges a theory of liability concerning the stacking of
multi-vehicle insurance coverage under A.R.S. section 20-259.01.
In October 2022, the Plaintiff sought class certification in
Maricopa County Superior Court on behalf of himself and those
individuals with stacked uninsured motorist ("UM") or underinsured
motorist ("UIM") policies with Defendant alleging claims of breach
of insurance contract and bad faith under A.R.S. section 20-259.01.
The Plaintiff alleged that he was injured in an automotive
collision that resulted in over $160,000 in damages, fault was
uninsured. The Plaintiff had a policy with Defendant that insured
two vehicles at $100,000 per person and an aggregate limit of
$300,000 per collision. The Plaintiff alleged that Defendant would
not allow him to stack the two vehicles' coverages despite not
complying with A.R.S. section 20-259.01(H). and the non-party at
Under the Settlement Agreement, the Defendant would pay a maximum
settlement amount of $2,8750,000.00. The Settlement Agreement
provides for the following allocation of the Settlement Fund: (1)
up to $15,300 to the Settlement Administrator, Epiq Class Action &
Claims Solutions, Inc.; (2) $7,500 to the Class Representative; (3)
30% to be paid to Class Counsel for attorneys' fees; and (4)
estimated litigation costs of up to $13,000.00.
Under the terms of the Settlement Agreement, the proposed
Settlement Class is composed of:
"All persons insured under an insurance policy issued by the
Defendant in Arizona that covered more than one vehicle for
uninsured or underinsured motor vehicle insurance, and who
received the limit of liability for the uninsured or
underinsured benefits for only one unit of (or one vehicle's)
UM or UIM coverage during the Class Period."
Amica Mutual offers auto, home and life insurance.
A copy of the Court's order dated March 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PNWiUv at no extra
charge.[CC]
ASP ISOTOPES: Intends to Defend "Corredor" Shareholder Suit
-----------------------------------------------------------
On December 4, 2024, a purported stockholder of ASP Isotopes Inc.
filed a putative securities class action on behalf of purchasers of
the Company's securities between October 30, 2024 through November
26, 2024 against ASP Isotopes Inc. and certain of its executive
officers in the United States District Court for the Southern
District of New York (Corredor v. ASP Isotopes Inc., et al., Case
No. 1:24-cv-09253 (S.D.N.Y)).
The Securities Class Action alleges that the Company, its chief
executive officer and chief financial officer made materially
misleading or false statements or omissions regarding the Company's
business and asserts purported claims under §§ 10(b) and 20(a) of
the Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated
thereunder.
The complaint seeks unspecified compensatory damages, attorney's
fees and costs.
The the Company disclosed in a Form 10-K report for the year ended
December 31, 2024, filed with the U.S. Securities and Exchange
Commission that the Defendants intend to vigorously defend against
the Securities Class Action; however, the Company said it cannot be
certain of the outcome and, if decided adversely to the Company,
its business and financial condition may be adversely affected.
ASPYR MEDIA: Mickelonis Suit Seeks Rule 23 Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as Malachi Mickelonis, Joseph
Afilani, Jacob Alva-Melville, Micaiah Flores, Matthew Gorka, Jared
Hilliard, Charles Kirk, David Kirkland, Yale Liebowitz, Jacob
Mueller, Kevin Munoz, Colebie Niedermeier, Joshua Palmer, Bryce
Phillips, Christopher Sousa, Rolando Vazquez, Adrian Villa, Brian
Walsh, and Nicholas Yee, individually and on behalf of all others
similarly situated, v. Aspyr Media, Inc.; and Does 1-5, Case No.
8:23-cv-01220-MWC-ADS (C.D. Cal.), the Plaintiffs, on May 9, 2025
at 1:30 p.m., will move for an order granting certification under
Rules 23(a) and (b)(3) of the following classes:
California Class:
"All persons in the State of California who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Arizona Class:
"All persons in the State of Arizona who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Colorado Class:
"All persons in the State of Colorado who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Florida Class:
"All persons in the State of Florida who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Georgia Class:
"All persons in the State of Georgia who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Illinois Class:
"All persons in the State of Illinois who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Nevada Class:
"All persons in the State of Nevada who purchased KOTOR II for
Nintendo Switch during the relevant statute of limitations
period."
New Jersey Class:
"All persons in the State of New Jersey who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Ohio Class:
"All persons in the State of Ohio who purchased KOTOR II for
Nintendo Switch during the relevant statute of limitations
period."
Oregon Class:
"All persons in the State of Oregon who purchased KOTOR II for
Nintendo Switch during the relevant statute of limitations
period.
South Carolina Class:
"All persons in the State of South Carolina who purchased
KOTOR II for Nintendo Switch during the relevant statute of
limitations period.
Texas Class:
"All persons in the State of Texas who purchased KOTOR II for
Nintendo Switch during the relevant statute of limitations
period.
Washington Class:
"All persons in the State of Washington who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
The Plaintiffs also move for an order granting class certification
under Rule 23(a) and (b)(2) of the following class:
California Class:
"All persons in the State of California who purchased KOTOR II
for Nintendo Switch during the relevant statute of limitations
period."
Further, the Plaintiffs also will move the Court to appoint them as
Class representatives and to appoint Ray Kim Law, APC as class
counsel.
The Plaintiffs bring false advertising claims based on unfair and
deceptive acts and practices ("UDAP") statutes of thirteen states.
Aspyr is an American video game developer and publisher.
A copy of the Plaintiffs' motion dated March 21, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UJaJfi at no extra
charge.[CC]
The Plaintiffs are represented by:
Raymond Y. Kim, Esq.
RAY KIM LAW, APC
112 E. Amerige Avenue, Suite 240
Fullerton, CA 92832
Telephone: (833) 729-5529
Facsimile: (833) 972-9546
E-mail: ray@raykimlaw.com
AUSTIN SHERMAN: Standing Order Entered in Dunn Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as LARRY DUNN, v. AUSTIN
SHERMAN, et al., Case No. 2:25-cv-02150-FLA-ADS (C.D. Cal.), the
Hon. Judge Fernando Aenlle-Rocha entered a standing order as
follows:
The Plaintiff shall promptly serve the complaint in accordance with
Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local
Rule 5-3.1.
All documents filed in state court, including documents appended to
the complaint, answers, and motions, must be re-filed in this court
as a supplement to the notice of removal.
Discovery Matters Referred to United States Magistrate Judge All
discovery matters are referred to the assigned Magistrate Judge,
who will hear all discovery disputes.
A copy of the Court's order dated March 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OmvBtK at no extra
charge.[CC]
AXT INC: Continues to Defend Shareholder Class Suit in New York
---------------------------------------------------------------
AXT Inc. disclosed in its Form 10-K Report for the fiscal period
ending December 31, 2024 filed with the Securities and Exchange
Commission on March 14, 2025, that the Company continues to defend
itself from the shareholder class suit in the United States
District Court for the Eastern District of New York.
On May 6, 2024, a putative shareholder class action complaint was
filed in the U.S. District Court for the Eastern District of New
York on behalf of persons or entities who purchased or acquired its
publicly traded securities, against the Company, Morris S. Young,
its Chief Executive Officer, and Gary L. Fischer, its Chief
Financial Officer. The court transferred the case to the Northern
District of California, where its headquarters are located.
A lead plaintiff has been appointed and an amended complaint was
filed. The amended complaint asserts a putative class period from
March 24, 2021 and April 3, 2024, inclusive (the "Class Period").
The amended complaint alleges violations of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, as amended (the
"Exchange Act"), and Rule 10b-5 promulgated thereunder by the
defendants, and seeks unspecified monetary relief, interest, and
attorneys' fees. Defendants' motion to dismiss is fully briefed and
pending before the Court.
It is not possible at this time to reasonably assess the final
outcomes of these litigations or to reasonably estimate the
possible loss or range of loss with respect to these litigations.
The Company believes this claim to be meritless and intends to
vigorously defend against it.
AXT, Inc. -- http://www.axt.com/-- designs, develops,
manufactures, and distributes compound and single element
semiconductor substrates.[BN]
BAKKT HOLDINGS: Faces Frankin Class Suit Over Share Price Drop
--------------------------------------------------------------
GUY SERGE A. FRANKIN, individually and on behalf of all others
similarly situated v. BAKKT HOLDINGS, INC., GAVIN MICHAEL, ANDREW
MAIN, and KAREN ALEXANDER, Case No. 1:25-cv-02753 (S.D.N.Y., April
2, 2025) is a class action on behalf of persons and entities that
purchased or otherwise acquired Bakkt securities between March 25,
2024, and March 17, 2025, pursuing claims against the Defendants
under the Securities Exchange Act of 1934.
Prior to its acquisition of Bakkt Crypto, revenue generated from
the Company's crypto services had been immaterial; however, in the
year ending Dec. 31, 2023, revenue from crypto services became a
significant driver of the Company's business, accounting for 93.2%
of the Company's revenue. Separately, the Company also operates a
"Loyalty Solutions" segment which enables point redemption and
fulfillment (including travel reservations).
On March 17, 2025, after market close, Bakkt disclosed Webull was
terminating its commercial agreement with the Company, effective
June 14, 2025. The Company revealed that in the prior nine months
ended September 30, 2024, and the full year ended December 31,
2023, Webull made up 74% of Bakkt's crypto services revenue. In
that same period, the Company derived 98% of its revenue from
crypto services. The Company also disclosed that Bank of
America was terminating its loyalty services contract with the
Company, effective April 22, 2025.
The Company revealed Bank of America made up 17% of Bakkt's loyalty
services revenue in the prior nine months ended September 30, 2024.
The customer cancellations will collectively result in a 73% loss
in top line revenue going forward.
On this news, the Company's share price fell $3.50 or 27.3%, to
close at $9.33 per share on March 18, 2025, on unusually heavy
trading volume.
Throughout the Class Period, Defendants made materially false
and/or misleading statements, as well as failed to disclose
material adverse facts about the Company’s business, operations,
and prospects. Specifically, the Defendants misrepresented the
stability and/or diversity of its crypto services revenue. As a
result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
The Plaintiff purchased Bakkt securities during the Class Period,
and suffered damages as a result of the federal securities law
violations and alleged false and/or misleading statements and/or
material omission.
Bakkt is a technology company which builds software related to the
selling, buying, and storage of cryptocurrency. In April 2023, the
Company acquired Apex Crypto LLC, a platform for integrated crypto
trading, which it renamed Bakkt Crypto. This acquisition provided
the Company significant new clients and financial technology
partners including Webull Pay LLC.[BN]
The Plaintiff is represented by:
Rebecca Dawson, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave, Suite 358
New York, NY 10169
Telephone: (213) 521-8007
E-mail: rdawson@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
Frank R. Cruz, Esq.
THE LAW OFFICES OF FRANK R. CRUZ
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
BETTERHELP INC: Class Cert Briefing Deadlines Continued
-------------------------------------------------------
In the class action lawsuit captioned as Doe v. BetterHelp, Inc.
(RE BETTERHELP, INC. DATA DISCLOSURE CASES), Case No. 3:23-cv-01096
(N.D. Cal.), the Hon. Judge Richard Seeborg entered an order
continuing the briefing deadlines for the plaintiffs' motion for
class certification and the hearing date by five weeks.
BetterHelp is a mental health platform that provides direct online
counseling and therapy services via web or phone text
communication.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4A61ji at no extra
charge.[CC]
BETTERHELP INC: Class Cert Briefing Deadlines Continued in C.M.
---------------------------------------------------------------
In the class action lawsuit captioned as C.M. v. BetterHelp, Inc.
(RE BETTERHELP, INC. DATA DISCLOSURE CASES), Case No. 3:23-cv-01033
(N.D. Cal.), the Hon. Judge Richard Seeborg entered an order
continuing the briefing deadlines for the plaintiffs' motion for
class certification and the hearing date by five weeks.
BetterHelp is a mental health platform that provides direct online
counseling and therapy services via web or phone text
communication.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WUzkFT at no extra
charge.[CC]
BETTERHELP INC: Class Cert Briefing Deadlines Continued in R.S.
---------------------------------------------------------------
In the class action lawsuit captioned as R.S. v. BetterHelp, Inc.
(RE BETTERHELP, INC. DATA DISCLOSURE CASES), Case No. 3:23-cv-01839
(N.D. Cal.), the Hon. Judge Richard Seeborg entered an order
continuing the briefing deadlines for the plaintiffs' motion for
class certification and the hearing date by five weeks.
BetterHelp is a mental health platform that provides direct online
counseling and therapy services via web or phone text
communication.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KWjAL7 at no extra
charge.[CC]
BIOVENTUS INC: Settlement Reached in Ciarciello Securities Suit
---------------------------------------------------------------
Bioventus Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2024, filed with the Securities and Exchange
Commission on March 11, 2025, that the parties in a shareholder
litigation settled for $15.3 million. The company and certain of
its current and former directors and officers were initially named
as defendants in a putative class action lawsuit filed in the
Middle District of North Carolina captioned "Ciarciello v.
Bioventus, Inc.," No. 1:23–CV–00032-CCE-JEP filed on January
12, 2023.
The complaint asserts violations of Sections 10(b) and 20(a) of the
Exchange Act and of Sections 11 and 15 of the Securities Act and
generally alleges that the Company failed to disclose certain
information regarding rebate practices, its business and financial
prospects, and the sufficiency of internal controls regarding
financial reporting.
On April 12, 2023, the court appointed Wayne County Employees'
Retirement System as lead plaintiff. The lead plaintiff's amended
consolidated complaint was filed with the Court on June 12, 2023.
On July 17, 2023, the defendants filed a motion to dismiss the
complaint raising a number of legal and factual deficiencies with
the amended and consolidated complaint. In response to the
company's motion to dismiss, the lead plaintiff filed a second
amended complaint on July 31, 2023. The defendants moved to dismiss
the second amended complaint on August 21, 2023, which the court
granted in part and denied in part on November 6, 2023. The court
dismissed the plaintiff’s Securities Act claims, but allowed the
plaintiff's Exchange Act claims to proceed into discovery.
On July 15, 2024, a Stipulation and Agreement of Settlement by and
between the lead plaintiff and the defendants was filed with the
court and it preliminarily approved the Settlement Agreement on
August 13, 2024. It entered judgment on December 18, 2024, granting
final approval of the terms of the Settlement Agreement and
dismissing all claims against the defendants, including the
company.
Bioventus Inc. functions as a holding company with no direct
operations, material assets or liabilities other than the equity
interest in BV LLC, a limited liability company that operates as a
partnership.
BLUE RIDGE BANKSHARES: Settles Securities Suit after Mediation
--------------------------------------------------------------
Blue Ridge Bankshares, Inc. disclosed in its Form 10-K for the
fiscal year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 10, 2025, that the parties in a
putative class action in the U.S. District Court for the Eastern
District of New York (No. 1:23-cv-08944) engaged in non-binding
mediation on December 5, 2024, during which the parties agreed in
principle to settlement terms for $2.5 million. On February 4,
2025, the plaintiff filed an unopposed motion for preliminary
approval of the proposed class action settlement, which, if
granted, will settle the action and any claims related to the
Action or that could have been brought in the action by the
parties, the parties’ counsel, or settlement class members.
On December 5, 2023, an alleged shareholder of the company
commenced said class action on behalf of himself and any persons or
entities who purchased the publicly traded stock of the company
between February 3, 2023 and October 31, 2023, both dates
inclusive.
The complaint alleges violations of federal securities laws against
the company and certain of its current and former officers based on
alleged material misstatements and omissions related to accounting
judgments in the company’s SEC filings. The complaint seeks
certification of a class action, unspecified damages, and
attorney’s fees. The putative class representative filed an
amended complaint, and the company filed a letter seeking
permission to file a motion to dismiss. The court has not yet ruled
on the motion.
Blue Ridge Bankshares, Inc. conducts its business activities
primarily through its wholly-owned subsidiary bank, Blue Ridge
Bank, National Association and its wealth and trust management
subsidiary, BRB Financial Group, Inc. It exists primarily for the
purposes of holding the stock of its subsidiaries.
BOBA GUYS: Boba Pearls Contains Toxic Chemicals, Totten Says
------------------------------------------------------------
JAMES TOTTEN, individually and on behalf of all others similarly
situated, Plaintiff v. BOBA GUYS INC., Defendant, Case No.
3:25-cv-02992 (N.D. Cal., April 1, 2025) is a class action lawsuit
on behalf of himself and other similarly situated consumers who
purchased Defendant's drinks, including but not limited to Boba
Guys-branded products containing tea and boba pearls, which are
misleadingly marketed as "next level quality" and "free of
artificial ingredients" despite containing high levels of plastic
chemicals -- namely, bisphenol A, a toxic ingredient used to make
plastics harder.
According to the Plaintiff in the complaint, recent third-party
testing revealed that the Products contained, or risked containing,
high levels of toxic, BPA, a chemical on California's Proposition
65 list that must be disclosed when present because of its known
reproductive toxicity.
The Defendant's Product was more than 32,000 percent above what the
European Food Safety Authority deems safe for BPA consumption. The
amounts found were also higher than California's maximum allowable
dose of dermal BPA exposure, which is micrograms per day, lower
than the European Food Safety Authority's safe level.
The Defendant had a duty to disclose because of its exclusive and
superior knowledge concerning the hazardous nature of the Products.
Nonetheless, the Defendant concealed that the Products contained or
risked containing BPA in order to maximize its own profits, says
the suit.
Boba Guys Inc. operates cafes that offer boba milk beverages. Its
cafes also offer various flavored organic milk tea, tea-based
drinks, and snacks. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Julia K. Venditti, Esq.
Joshua R. Wilner, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
jvenditti@bursor.com
jwilner@bursor.com
jglatt@bursor.com
CANOPY GROWTH: Faces Securities Class Action Lawsuit
----------------------------------------------------
Gainey McKenna & Egleston announces that a securities class action
lawsuit has been filed in the United States District Court for the
Eastern District of New York on behalf of all persons or entities
who purchased or otherwise acquired Canopy Growth Corporation
("Canopy" or the "Company") (NASDAQ: CGC) securities between May
30, 2024 and February 6, 2025, both dates inclusive (the "Class
Period").
The Complaint alleges that Defendants failed to disclose that: (i)
Canopy had incurred significant costs producing Claybourne
pre-rolled joints in connection with the Claybourne product launch
in Canada; (ii) the foregoing costs, in addition to certain
indirect costs that Canopy incurred in connection with its Storz &
Bickel vaporizer devices, were likely to have a significant
negative impact on the Company's gross margins and overall
financial results; and (iii) accordingly, defendants had overstated
the efficacy of Canopy's cost reduction measures and the health of
its gross margins while downplaying issues with the same.
On February 7, 2025, Canopy announced disappointing financial
results "primarily due to the incremental costs related to the
Claybourne infused pre-roll launch in Canada, and an increase in
indirect costs of Storz & Bickel vaporizer devices[.]" On this
news, Canopy's share price fell 27.24%, to close at $2.02 on
February 7, 2025.
Investors who purchased or otherwise acquired shares of Canopy
should contact the Firm prior to the June 3, 2025 lead plaintiff
motion deadline. A lead plaintiff is a representative party acting
on behalf of other class members in directing the litigation. If
you wish to discuss your rights or interests regarding this class
action, please contact Thomas J. McKenna, Esq. or Gregory M.
Egleston, Esq. of Gainey McKenna & Egleston at (212) 983-1300, or
via e-mail at tjmckenna@gme-law.com or gegleston@gme-law.com.
Please visit our website at http://www.gme-law.comfor more
information about the firm. [GN]
CARIBOU BIOSCIENCES: Court Approves Settlement in Bergman Suit
--------------------------------------------------------------
Caribou Biosciences, Inc. disclosed in its Form 10-Q for the fiscal
year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 10, 2025, that on April 22, 2024, the
company reached an agreement in principle with plaintiffs to settle
a putative class action lawsuit filed in the U.S. District Court
for the Northern District of California against the company and
certain of its officers and current and former members of its board
of directors captioned, "Bergman v. Caribou Biosciences, Inc., et
al.," Case Number 4:23-cv-01742-YGR, for $3.9 million in exchange
for a full release of the putative class' claims against the
company and all its current and former officers, current and former
members of the board of directors, the IPO underwriters, and the
other named defendant.
On February 18, 2025, the court issued an order granting final
approval of the settlement.
The Bergman complaint, filed in April 11, 2023, challenges
disclosures regarding the company’s business, operations, and
prospects, specifically with respect to the alleged durability of
the therapeutic effect of its allogeneic anti-CD19 CAR-T cell
therapy drug, "CB-010" and the product candidate’s clinical and
commercial prospects, in alleged violation of Sections 11 and 15 of
the Securities Act of 1933, as amended, and Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, as amended. On
September 18, 2023, plaintiffs filed an amended complaint adding
the IPO underwriters as defendants and making substantially the
same allegations as the original complaint. On November 14, 2023,
the company filed a motion to dismiss the amended complaint for
failure to state a claim. Motion to dismiss briefing was completed
on February 21, 2024.
Caribou Biosciences, Inc. is a clinical-stage Clustered Regularly
Interspaced Short Palindromic Repeats (CRISPR) genome-editing
biopharmaceutical company.
CARIBOU BIOSCIENCES: Faces Saylor Shareholder Suit over Disclosures
-------------------------------------------------------------------
Caribou Biosciences, Inc. disclosed in its Form 10-Q for the fiscal
year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 10, 2025, that on December 24, 2024, a
putative class action lawsuit was filed in the U.S. District Court
for the Northern District of California against the company and
certain of its current and former officers captioned "Saylor v.
Caribou Biosciences, Inc., et al.," Case No. 3:24-cv-09413
The alleged class period is July 14, 2023, to July 16, 2024. Said
complaint challenges disclosures regarding Caribou’s business,
operations, and prospects, specifically with respect to the alleged
safety, efficacy, and durability of CB-010, CB-010’s clinical
results and commercial prospects, and our financial statements, in
alleged violation of Sections 10(b) and 20(a) of the Exchange Act.
The lawsuit is at the preliminary stage of the proceedings.
Caribou Biosciences, Inc. is a clinical-stage Clustered Regularly
Interspaced Short Palindromic Repeats (CRISPR) genome-editing
biopharmaceutical company.
CASA AZUL: Property Inaccessible to Disabled People, Wade Says
--------------------------------------------------------------
ELIZABETH WADE, individually and on behalf of all others similarly
situated, Plaintiff v. CASA AZUL CANTINA LLC dba FRIDA MEXICAN
CUISINE, Defendant, Case No. 2:25-cv-02928 (C.D. Cal., April 3,
2025) alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendants' Frida
Mexican Cuisine located at 10853 Lindbrook Drive, Los Angels,
California 90024, is not accessible to mobility-impaired
individuals in violation of ADA.
Casa Azul Cantina LLC dba Frida Mexican Cuisine is a chain of
Mexican restaurants. [BN]
The Plaintiff is represented by:
Aaron M. Clefton, Esq.
CLEFTON DISABILITY LAW
2601 Blanding Ave, Suite C#336
Alameda, CA 94501
Telephone: (510) 832-500
Email: info@cleftonlaw.com
CHUBB LTD: Must Oppose Class Cert. by April 25
----------------------------------------------
In the class action lawsuit captioned as Purcell v. Chubb Ltd., et
al., Case No. 3:23-cv-04927 (N.D. Cal., Filed Sept. 26, 2023), the
Hon. Judge James Donato entered an order granting the parties'
request for additional time to file the class certification briefs.
-- The Defendants may oppose certification by April 25, 2025.
-- The Plaintiff may file a reply brief by May 15, 2025.
-- The hearing set for May 29, 2025, is vacated.
-- A hearing on certification is set for 10:00 a.m., Sept. 25,
2025, in Courtroom 11.
The nature of suit states diversity-contract dispute.
Chubb is a global insurance company providing commercial and
personal property and casualty insurance, personal accident and
supplemental health insurance, reinsurance, and life insurance.[CC]
CORNERSTONE BUILDING: Continues to Defend Water Island Class Suit
-----------------------------------------------------------------
Cornerstone Building Brands Inc. disclosed in its Form 10-K Report
for the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on March 14, 2025, that the
Company continues to defend itself from the Water Island Merger
class suit in the United States District Court for the District of
Delaware.
In June 2023, a purported former stockholder filed a class action
complaint in the United States District Court for the District of
Delaware alleging that the Company's disclosures issued in
connection with the Merger were materially misleading in violation
of Section 14(a) and Section 20(a) of the Securities Exchange Act
of 1934.
The complaint is captioned Water Island Merger Arbitrage
Institutional Commingled Master Fund, L.P. v. Cornerstone Building
Brands et al., Case No. 1:23-cv-00701 (D. Del.). The complaint
alleges that the Company's directors and officers issued misleading
disclosures, which caused stockholders to approve the Merger at an
unfair price.
The plaintiff seeks unspecified monetary damages, interest,
attorney's fees, expenses and costs.
On December 8, 2023, the defendants moved to dismiss the operative
complaint, and, in the alternative, to stay in litigation.
On September 30, 2024, the court granted the defendants' motion to
dismiss without prejudice.
On October 15, 2024, the plaintiffs filed an amended complaint,
which the defendants again moved to dismiss or stay on November 26,
2024.
The Company intends to vigorously defend against these claims.
Cornerstone Building Brands, Inc. is a holding company based in
North Carolina.
CPI AEROSTRUCTURES: "Rodriguez" Terminated Following Settlement OK
------------------------------------------------------------------
A consolidated class action lawsuit captioned Rodriguez v. CPI
Aerostructures, Inc., et al., No. 20-cv-01026 was filed in the U.S.
District Court for the Eastern District of New York against CPI
Aerostructures, Inc.; Douglas McCrosson, the Company's former Chief
Executive Officer; Vincent Palazzolo, the Company's former Chief
Financial Officer; and the two underwriters of the Company's
October 16, 2018 offering of common stock, Canaccord Genuity LLC
and B. Riley FBR.
The Amended Complaint in the action asserted claims on behalf of
two plaintiff classes: (i) purchasers of the Company's common stock
issued pursuant to and/or traceable to the Company's offering
conducted on or about October 16, 2018; and (ii) purchasers of the
Company's common stock between March 22, 2018 and February 14,
2020. The Amended Complaint alleged that the defendants violated
Sections 11, 12(a)(2), and 15 of the Securities Act by negligently
permitting false and misleading statements to be included in the
registration statement and prospectus supplements issued in
connection with its October 16, 2018 securities offering. The
Amended Complaint also alleged that the defendants violated
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as
amended, and Rule 10b-5 promulgated by the SEC, by making false and
misleading statements in the Company's periodic reports filed
between March 22, 2018 and February 14, 2020. Plaintiff sought
unspecified compensatory damages, including interest; rescission or
a rescissory measure of damages; unspecified equitable or
injunctive relief; and costs and expenses, including attorney's
fees and expert fees. On February 19, 2021, the Company moved to
dismiss the Amended Complaint. Plaintiff submitted a brief in
opposition to the motion to dismiss on April 23, 2021.
On May 20, 2021, the parties reached a settlement in the amount of
$3,600,000, subject to court approval. On July 9, 2021, Plaintiff
filed an unopposed motion for preliminary approval of the
settlement. On November 10, 2021, a magistrate judge recommended
that the court grant the motion for preliminary approval in its
entirety. The Court adopted the recommendation on May 27, 2022, and
entered an order granting preliminary approval of the settlement on
June 7, 2022. On August 5, 2022, the Plaintiff filed an unopposed
motion for final approval. The magistrate judge held a hearing on
the final approval motion on September 9, 2022. On February 16,
2023, the magistrate judge recommended that the Court grant the
final approval motion in its entirety. The Court adopted that
recommendation in its entirety on March 10, 2023, and terminated
the case on March 13, 2023. On May 5, 2023, the Settlement Amount
was transferred to plaintiff's counsel from the escrow account
established for this purpose, the Company disclosed in a Form 10-K
report for the year ended December 31, 2024, filed with the U.S.
Securities and Exchange Commission.
Founded in 1980, CPI Aerostructures, Inc. is an aviation and
aerospace firm producing structural aircraft assemblies, servicing
the commercial and military sector of the aircraft industry. The
company is based in Edgewood, New York.
CROWDSTRIKE HOLDINGS: Airline Sensor-Related Suit Consolidated
--------------------------------------------------------------
Crowdstrike Holdings, Inc. disclosed in its Form 10-K for the
fiscal year ended January 31, 2025, filed with the Securities and
Exchange Commission on March 10, 2025, that on August 19, 2024, a
putative class action lawsuit was filed against the company in
federal court in the Western District of Texas alleging, among
other things, negligence in the design and testing of their
"Falcon" sensor and tortious interference between certain airline
customers and their airline. On November 6, 2024, this lawsuit was
consolidated with another lawsuit filed on August 5, 2024 and was
administratively closed.
The complainants seek certification of a nationwide class (or
alternatively a class of Iowa citizens) who had a flight delayed or
canceled on a specified airline during a specific period of time
and are seeking unspecified monetary damages, costs and
attorneys’ fees.
CrowdStrike Holdings, Inc. is a global cybersecurity company that
delivers cybersecurity's AI-native platform for the XDR era,
purpose-built to stop breaches using a unified platform that
provides cloud-delivered protection of endpoints, cloud workloads,
identity, and data via a software as a service subscription-based
model.
CROWDSTRIKE HOLDINGS: Seeks Dismissal of Consolidated Suit
----------------------------------------------------------
Crowdstrike Holdings, Inc. disclosed in its Form 10-K for the
fiscal year ended January 31, 2025, filed with the Securities and
Exchange Commission on March 10, 2025, that on August 5, 2024, a
putative class action lawsuit was filed against the company in
federal court in the Western District of Texas alleging, among
other things, negligence and violations of the California Unfair
Competition Law. On November 6, 2024, this lawsuit was consolidated
with another lawsuit and interim class counsel was appointed. On
December 6, 2024, a consolidated class action complaint was filed.
On February 4, 2025, CrowdStrike, Inc. filed a motion to dismiss
the complaint.
The complainants seek certification of a nationwide class, as well
as sub-classes of certain California, Ohio, and Pennsylvania
citizens, who had a flight delayed or canceled during a specified
period of time and are seeking unspecified monetary damages,
certain injunctive relief, costs and attorneys’ fees.
CrowdStrike Holdings, Inc. is a global cybersecurity company that
delivers cybersecurity’s AI-native platform for the XDR era,
purpose-built to stop breaches using a unified platform that
provides cloud-delivered protection of endpoints, cloud workloads,
identity, and data via a software as a service subscription-based
model.
CS CONTRACT: Court Extends Time to File Class Cert Response
-----------------------------------------------------------
In the class action lawsuit captioned as Russell v. CS Contract
Solutions, LLC, et al., Case No. 8:24-cv-02421 (M.D. Fla., Filed
Oct. 18, 2024), the Hon. Judge Charlene Edwards Honeywel entered an
endorsed order granting motion for extension of time to file
response to motion to certify class by April 25, 2025.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
The Defendant offers staffing solutions.[CC]
DELTA AIR LINES: Filing for Class Cert Bid Extended to June 30
--------------------------------------------------------------
In the class action lawsuit captioned as MARSHA R. DEVANEY, on
behalf of herself and all others similarly situated, v. DELTA AIR
LINES, INC. and THE ADMINISTRATIVE COMMITTEE OF DELTA AIR LINES,
INC., Case No. 2:21-cv-02186-RFB-EJY (D. Nev.), the Hon. Judge
entered an order granting stipulation extending the remaining
deadlines by approximately 60 days and setting the following
proposed deadlines as follows:
Event Deadlines
Disclose plaintiff's expert witnesses: May 30, 2025
Disclose defendants' expert witnesses: June 30, 2025
File class certification motion: June 30, 2025
File opposition to class certification Aug. 15, 2025
motion:
File reply supporting class Sept. 15, 2025
certification motion:
Complete expert discovery: Oct. 17, 2025
On Dec. 10, 2021, the Plaintiff filed her Class Action Complaint,
alleging violations of the Employee Retirement Income Security Act
of 1974.
Delta Air provides scheduled air transportation for passengers,
freight, and mail over a network of routes.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ETwIKS at no extra
charge.[CC]
The Plaintiff is represented by:
Robert A. Izard, Esq.
Christopher M. Barrett, Esq.
IZARD KINDALL & RAABE
29 S. Main Street, Suite 305
West Hartford, CT 06107
- and -
Michael J. Gayan, Esq.
CLAGGET & SYKES
4101 Meadows Lane, Ste. 100
Las Vegas, NV 89107
Telephone: (702) 333-7777
E-mail: mike@claggetlaw.com
- and -
Douglas P. Needham, Esq.
MOTLEY RICE LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: (860) 218-2720
E-mail: dneedham@motleyrice.com
- and -
Gregory Y. Porter, Esq.
Mark G. Boyko
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
The Defendants are represented by:
Melissa D. Hill, Esq.
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Telephone: (212) 309-6000
Facsimile: (212) 309-6001
E-mail: melissa.hill@morganlewis.com
- and -
Scott M. Mahoney, Esq.
FISHER & PHILLIPS, LLP
300 South Fourth Street, Suite 1500
Las Vegas, NV 89101
Telephone: (702) 252-3131
Facsimile: (702) 252-7411
E-mail: smahoney@fisherphillips.com
DOCKSIDE CONDOMINIUMS: May Face Class Suit Over Tortious Conduct
----------------------------------------------------------------
Jameson Moyer, writing for Count On News 2, reports that over a
month after residents in the Dockside condominiums and townhomes
were promptly evacuated from their homes, attorneys announced
Tuesday, April 8, they are launching a class action investigation
into the matter on behalf of evacuated owners.
Attorneys for Anastopoulo Law Firm and J. Davis Law, P.C. held a
press conference on April 9 to share initial results from their
ongoing investigation into the evacuation and whether there was
tortious conduct or legal wrongdoings.
A class action investigation is the first step towards a class
action suit where attorneys gather evidence and information.
Amid the ongoing investigation, the attorneys have launched a
website for individuals to submit information relating to the
evacuation at www.DocksideLawsuit.com.
"What we know at this point is that the owners of these units are
not getting many answers, and when your entire life is inside of a
building you cannot enter, not getting answers is not an option.
That is why we have been retained to seek those answers, and we
will leave no stone unturned in getting to the bottom of what
happened at Dockside," said Roy T. Willey, IV.
Residents were told to evacuate the condo tower and surrounding
townhomes on February 27, after the City of Charleston informed the
Dockside Board of Directors that residents had to leave due to
safety concerns.
Officials cited concrete slabs that they described as
"significantly overstressed" as the reason for the evacuation
order, saying, "the structure has insufficient capacity to continue
to be safely occupied until substantial structural strengthening is
implemented."
At the time of the vacate order, the building's 112 units were
between 60-70% occupied.
Residents described a hasty exit, during which they were asked to
leave large items like furniture until a later date. In late March,
former occupants were informed that starting Apr. 14, they could
return to move out their bigger belongings. [GN]
DONE GLOBAL: Bid for Class Certification Due March 13, 2026
-----------------------------------------------------------
In the class action lawsuit captioned as M. H. v. Done Global Inc.,
Case No. 3:24-cv-03040 (N.D. Cal., Filed May 20, 2024), the Hon.
Judge Rita F Lin entered an order setting the following case
schedule through class certification:
-- Initial Disclosures due by: April 2, 2025
-- Last day to amend the pleadings is: June 20, 2025
-- Plaintiff's Class Certification Dec. 12, 2025
Expert Disclosures due by:
-- Defendant's Class Certification Jan. 16, 2026
Expert Disclosures due by:
-- Plaintiff's Rebuttal Expert Jan. 30, 2026
Disclosures re Class Certification
due by:
-- Close of Class Certification Dec. 27, 2026
Expert Discovery is:
-- Motion for Class Certification/ March 13, 2026
Daubert Motions re Class
Certification Experts due by:
-- Opposition due by: April 10, 2026
-- Reply due by: April 24, 2026
-- Class Certification Motion May 19, 2026
Hearing set for:
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.[CC]
FA BARTLETT: Parties in Bowen Seek to Amend Class Cert Briefing
---------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM BOWEN, as an
individual and on behalf of all others similarly situated, v. THE
F.A. BARTLETT TREE EXPERT COMPANY, a Connecticut Corporation; and
DOES 1 through 100, Case No. 2:24-cv-10027-WLH-JC (C.D. Cal.), the
Parties ask the Court to enter an order amending the Class
Certification Briefing Schedule, as follows:
Event Current New Proposed
Deadline Date
Plaintiff's Motion for May 5, 2025 June 18, 2025
Class Certification:
Defendant's Opposition to June 2, 2025 July 16, 2025
Class Certification:
Plaintiff's Reply to June 16, 2025 July 30, 2025
Defendant's Opposition to
Class Certification:
Hearing on Motion for July 11, 2025 Aug. 22, 2025
Class Certification:
The parties are currently in the process of scheduling Defendant's
30(b)(6) deposition(s) and the deposition of Mr. Gotzmer to take
place by April 18, 2025.
In light of the Defendant's inability to produce the class data in
a timely manner as of the date of the stipulation, and the
Plaintiff's need to take the depositions described above before
filing a motion for class certification, the Parties stipulate to a
continuance of the class certification briefing schedule and
hearing date on Plaintiff's anticipated Motion for Class
Certification.
On Oct. 16, 2024, Plaintiff filed this instant class action in
Santa Barbara County Superior Court against Defendant, alleging the
following causes of action: (1) minimum wage violations; (2)
failure to pay all overtime wages; (3) meal period violations; (4)
rest period violations; (5) failure to reimburse all necessary
business expenses; (6) wage statement violations; (7) waiting time
penalties; and (6) unfair competition
On Feb. 20, 2025, the Plaintiff's counsel sent an email to the
Defendant's counsel asking for a timeline regarding a response to
The Plaintiff's Request for production of timekeeping and payroll
records for the putative class.
FA Bartlett is a residential and commercial tree and shrub care
company.
A copy of the Parties' motion dated March 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=HbRJlP at no extra
charge.[CC]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Joel M. Gordon, Esq.
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
jgordon@haineslawgroup.com
The Defendants are represented by:
David L. Cheng, Esq.
Min K. Kim, Esq.
FORD HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, CA 90071
Telephone: (213) 237-2400
Facsimile: (213) 237-2401
E-mail: dcheng@fordharrison.com
mkim@fordharrison.com
FASHION NOVA: Faces Hernandez Class Suit Over Fake Regular Prices
-----------------------------------------------------------------
EVELYN HERNANDEZ, KENITA HEARNE, SELENA FLORES, BRIANNA CLARK, and
ALIZ HOLLY, each individually and on behalf of all others similarly
situated v. FASHION NOVA, LLC, Case No. 2:25-cv-00589 (W.D. Wash.,
April 2, 2025) alleges that Fashion Nova advertised fake sales,
fake regular prices, and fake discounts based on the fake regular
prices.
Fashion Nova makes, sells, and markets clothing and accessory
products. The Products are sold nationwide through Defendant's
website, FashionNova.com. Fashion Nova's website prominently
advertises sales. These advertisements include purported regular
prices, purported discounts, and often countdown timers that
purportedly show when the sales end.
Accordingly, these advertisements are false and misleading. The
sales are not limited in time, and the discounts continue to be
available. The strikethrough prices do not actually represent the
regular prices that most consumers are paying. The regular price is
actually the purported discounted price.
The Plaintiffs bought purportedly discounted clothing Products from
the Fashion Nova website and were deceived by Fashion Nova's
misleading sales. This caused Plaintiffs to buy Products they would
not otherwise have bought and to overpay for the Products. The
Plaintiffs bring this case for themselves and other customers
nationwide who purchased deceptively advertised Fashion Nova
Products.
The Defendant makes, sells, and markets clothing and accessories.
Fashion Nova sells its Products directly to consumers online,
through its website FashionNova.com. The Defendant's website
creates an illusion that customers are receiving a limited-time
discount. Advertised "sale" prices are important to consumers.
Consumers are more likely to purchase an item if they know that
they are getting a good deal. Further, if consumers think that a
sale will end soon, they are likely to buy now, rather than wait,
comparison shop, and buy something else. While there is nothing
wrong with a legitimate sale, a fake one—that is, one with
made-up regular prices, made-up discounts, and made-up
expirations—is deceptive and illegal, says the suit.
FASHION NOVA, LLC is an American fast fashion retail company.[BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Simon Franzini, Esq.
Jonas Jacobson, 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
simon@dovel.com
jonas@dovel.com
FIRST COMMUNITY BANKSHARES: To Settle Securities Suit for $4.8MM
----------------------------------------------------------------
First Community Bankshares, Inc. disclosed in its Form 10-K for the
fiscal year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 7, 2025, that on May 6, 2024, the bank
agreed to settle a putative class action lawsuit pending in the
United States District Court for the Southern District of West
Virginia, filed on June 24, 2022.
Under the settlement, which is subject to documentation and
preliminary and final court approval, the bank agreed to establish
a $4.80 million settlement fund and forgive up to $500,000 in
assessed but unpaid fees. Attorneys' fees, settlement
administration expenses, and settlement payments to eligible class
members will be paid from the settlement fund.
The civil action alleges the bank breached its deposit account
agreements and was unjustly enriched by collecting overdraft fees
with respect to certain debit card transactions and by assessing
more than one nonsufficient funds fee on items presented multiple
times for payment. Under the settlement, which is subject to
documentation and preliminary and final court approval.
First Community Bankshares, Inc. is a financial holding company
that offers wealth management and investment advice through its
Trust Division and wholly owned subsidiary First Community Wealth
Management.
FLORIDA: Immigrant Coalition Seeks to Enjoin S.B. 4C Enforcement
----------------------------------------------------------------
FLORIDA IMMIGRANT COALITION; FARMWORKER ASSOCIATION OF FLORIDA,
INC.; Y.M.; and V.V., v. JAMES UTHMEIER, in his official capacity
as the Attorney General of the State of Florida, et al., Case No.
1:25-cv-21524 (S.D. Fla., April 2, 2025) challenges Florida's
Senate Bill 4-C ("S.B. 4C"), now codified at Fla. Stat. sections
811.101-.103 (2025), which purports to give Florida state officials
unprecedented power to arrest, detain, and prosecute noncitizens in
the State of Florida.
Accordingly, the State of Florida has created its own immigration
crimes, completely outside the federal immigration system. State
police will arrest noncitizens for these entry and re-entry crimes;
state prosecutors will bring charges in state courts; and state
judges will determine guilt and impose sentences. The federal
government has no control over, nor any role at all in, these
arrests and prosecutions.
S.B. 4C allegedly violates the Supremacy Clause of the United
States Constitution. Immigration is a quintessentially federal
authority. Congress has created a carefully calibrated immigration
system over time, engaging in debate and grappling with nuances to
produce the detailed provisions governing people's entry into the
United States and their right to remain here. And Congress placed
all the relevant tools and decision-making authority in the hands
of federal officials—in keeping with the federal government's
well established exclusive immigration powers and the sensitive
foreign policy implications of these powers.
S.B. 4C jettisons this system, grasping control over immigration
from the federal government and giving State officers the power to
prosecute immigration crimes on their own. In doing so, S.B. 4C
declares the State off-limits to entire categories of immigrants,
many of whom have or are seeking federal permission to be in the
United States. S.B. 4C also violates the Commerce Clause because it
impermissibly regulates people's entry into Florida, and it imposes
unacceptable burdens on interstate and foreign commerce, the suit
contends.
The Plaintiffs file this complaint for declaratory and permanent
injunctive relief. The Plaintiffs will seek a temporary restraining
order and a preliminary injunction to enjoin enforcement of S.B. 4C
immediately.
The Defendants include NICHOLAS B. COX, in his official capacity as
the Florida Statewide Prosecutor; GINGER BOWDEN MADDEN, in her
official capacity as State Attorney for the First Judicial Circuit
of Florida; JACK CAMPBELL, in his official capacity as State
Attorney for the Second Judicial Circuit of Florida; JOHN DURRETT,
in his official capacity as State Attorney for the Third Judicial
Circuit of Florida; MELISSA NELSON, in her official capacity as
State Attorney for the Fourth Judicial Circuit of Florida; WILLIAM
GLADSON, in his official capacity as State Attorney for the Fifth
Judicial District of Florida; BRUCE BARTLETT, in his official
capacity as State Attorney for the Sixth Judicial Circuit of
Florida; R.J. LARIZZA, in his official capacity as State Attorney
for the Seventh Judicial Circuit of Florida; BRIAN S. KRAMER, in
his official capacity as State Attorney for the Eighth Judicial
Circuit of Florida; MONIQUE H. WORRELL, in her official capacity as
State Attorney for the Ninth Judicial Circuit of Florida; BRIAN
HAAS, in his official capacity as State Attorney for the Tenth
Judicial Circuit of Florida; KATHERINE FERNANDEZ RUNDLE, in her
official capacity as State Attorney for the Eleventh Judicial
Circuit of Florida; ED BRODSKY, in his official capacity as State
Attorney for the Twelfth Judicial Circuit of Florida; SUSAN S.
LOPEZ, in her official capacity as State Attorney for the
Thirteenth Judicial Circuit of Florida; LARRY BASFORD, in his
official capacity as State Attorney for the Fourteenth Judicial
Circuit of Florida; ALEXCIA COX, in her official capacity as State
Attorney for the Fifteenth Judicial Circuit of Florida; DENNIS W.
WARD, in his official capacity as State Attorney for the Sixteenth
Judicial Circuit of Florida; HAROLD F. PRYOR, in his official
capacity as State Attorney for the Seventeenth Judicial Circuit of
Florida; WILLIAM SCHEINER, in his official capacity as State
Attorney for the Eighteenth Judicial Circuit of Florida; THOMAS
BAKKEDAHL, in his official capacity as State Attorney for the
Nineteenth Judicial Circuit of Florida; and AMIRA D. FOX, in her
official capacity as State Attorney for the Twentieth Judicial
Circuit of Florida.[BN]
The Plaintiffs are represented by:
Cody Wofsy, Esq.
Spencer Amdur, Esq.
Hannah Steinberg, Esq.
Oscar Sarabia Roman, Esq.
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS' RIGHTS PROJECT
425 California Street, Suite 700
San Francisco, CA 94104
Telephone: (415) 343-0770
E-mail: cwofsy@aclu.org
samdur@aclu.org
hsteinberg@aclu.org
osarabia@aclu.org
- and -
Amy Godshall, Esq.
Daniel B. Tilley, Esq.
Amien Kacou, Esq.
ACLU FOUNDATION OF FLORIDA, INC.
4343 West Flagler Street, Suite 400
Miami, FL 33134
Telephone: (786) 363-2700
E-mail: agodshall@aclufl.org
dtilley@aclufl.org
akacou@aclufl.org
- and -
Omar Jadwat, Esq.
Grace Choi, Esq.
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS' RIGHTS PROJECT
125 Broad St., 18th Floor
New York, NY 10004
Telephone: (212) 549-2660
E-mail: ojadwat@aclu.org
gchoi@aclu.org
- and -
Paul R. Chavez, Esq.
Anne Janet Hernandez Anderson, Esq.
Evelyn Wiese, Esq.
Christina Isabel LaRocca, Esq.
AMERICANS FOR IMMIGRANT JUSTICE
6355 NW 36 Street, Suite 309
Miami, FL 33166
Telephone: (305) 576-6273
E-mail: pchavez@aijustice.org
ajhernandez@aijustice.org
ewiese@aijustice.org
clarocca@aijustice.org
GEORGE JUNIOR: Dismissed from Clark Class Action
------------------------------------------------
In the class action lawsuit captioned as QUINTIS CLARK, et al., v.
GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC REALTY, GEORGE
JUNIOR REPUBLIC IN PENNSYLVANIA, GEORGE JUNIOR REPUBLIC IN INDIANA,
INC. and JOHN/JANE DOES 1-100, Case No. 2:23-cv-00922-KBH (E.D.
Pa.), the Hon. Judge Kelley B. Hodge will grant the Defendants'
motion to dismiss as to George Junior Republic in Indiana and
George Junior Republic Realty as to all claims.
George Junior Republic in Indiana and George Junior Republic Realty
are dismissed from this case.
The Court will grant the Defendants' motion to dismiss as to George
Junior Republic and George Junior Republic in Pennsylvania as to
the breach of fiduciary duty claim (Count 13) and request for a
writ of mandamus only.
The Court denies the Defendants' motion to dismiss as to all other
claims (Counts 1-12, 14).
The Court finds that there are sufficient allegations pled in the
Amended Complaint for the vicarious liability claim to survive.
The Plaintiffs bring a class action pursuant to Fed. R. Civ. P. The
class, at present, is defined as:
"All persons who are currently and/or have previously
attended, resided, and/or were court ordered into placement,
at any George Junior Republic, juvenile facility, juvenile
detention, juvenile placement, and/or holding facility, in any
state, Commonwealth, or jurisdiction, and while at any or in
connection with any of the Defendants' facility(ies) were
subjected to either physical, mental, and/or sexual abuse by
any of the named Defendants, and/or their staff members,
volunteers, agents, servants, employees, or the like while
juveniles, and/or either had their educational opportunities
deprived, are having their educational opportunities deprived,
and/or are at threat to have their educational opportunities
deprived (the "Class")."
The Plaintiffs filed a Class Action Complaint on March 10, 2023,
against all Defendants. The Plaintiffs filed an Amended Class
Action Complaint on June 30, 2023. The Defendants filed this Motion
to Dismiss on July 20, 2023.
The Plaintiffs include CHARLES SLADE, III, ALEXANDER GRANGER,
JESSE MYERS, DONTE WEBB, STANLEY POSTELL, HOLDEN HASTINGS, ISRAEL
BERRIOS, JOSEPH ALBINO, KEYON LUCAS, OMONTAY MONROE and ESTES
WALKER.
George Junior is a custodial facility for the placement of juvenile
court-adjudicated youths, aged 8-18, and other at-risk youths.
A copy of the Court's memorandum dated March 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7T6O1E at no extra
charge.[CC]
GRINDR INC: Settlement in Data Privacy Suit for Court OK
--------------------------------------------------------
Grindr Inc. disclosed in its Form 10-K report for the fiscal year
ended December 31, 2024, filed with the Securities and Exchange
Commission on March 7, 2025, that following a case management
conference on October 7, 2024, the Israeli Central District Court
directed the plaintiff to file its reply to Grindr's opposition by
November 11, 2024. The parties have reached a settlement in
principle subject to formal documentation and court approval.
In December 2020, Grindr was named in a statement of claim and
petition for certification of a class action. The statement of
claims generally alleges that Grindr violated users' privacy by
sharing information with third parties without their explicit
consent. The petitioner asserts several causes of action under
Israeli law, including privacy breaches, unlawful enrichment, and
negligence, as well as causes of action under California law,
including privacy violations under the California Constitution and
California common law, negligence, violation of the Unfair
Competition Law, and unjust enrichment.
The statement of claims seeks various forms of monetary,
declaratory, and injunctive relief, in addition to certification as
a class action. In June 2021, the petitioner attempted service of
the statement of claims and the associated filings (all in
translated form as required under applicable law) on Grindr. In
November 2021, Grindr filed an initial response to the plaintiff's
Statement of Claim challenging the effectiveness of service. The
plaintiff then filed opposition to Grindr's service-related motion,
raising a series of technical challenges.
During the Israeli court hearing in January 2022, the Israeli court
directed the plaintiff to start the service process from the
beginning by seeking court permission to pursue international
service on Grindr. On February 8, 2022, the Court formally
permitted the plaintiff, in ex parte, to serve the company outside
the jurisdiction.
On March 30, 2022, Grindr received a package via U.S. Mail with the
case documents. Grindr's local Israeli counsel prepared a motion
seeking the court's preliminary ruling on the question of
applicable law. On July 5, 2022, the company filed a motion to
determine the governing law. On December 22, 2022, Grindr filed its
response over the class certification, which opposes class
certification and included both employee and expert opinions.
Grindr Inc. is headquartered in Los Angeles, California and manages
and operates the Grindr app, a global LGBTQ social network platform
serving and addressing the needs of the LGBTQ queer community.
HEALTHLINE MEDIA: Velasco Sues Over Data Privacy Violations
-----------------------------------------------------------
VIANCA VELASCO, individually and on behalf of all others similarly
situated, Plaintiff v. HEALTHLINE MEDIA, LLC; and DOES 1 through
25, inclusive, Defendants, Case No. 2:25-cv-02940 (C.D. Cal., April
3, 2025) alleges violation of the California Invasion of Privacy
Act.
According to the Plaintiff in the complaint, the Defendant
installed on its Website software created by TikTok in order to
identify website visitors. The TikTok Software acts via a process
known as "fingerprinting." Put simply, the TikTok Software collects
as much data as it can about an otherwise anonymous visitor to the
Website and matches it with existing data TikTok has acquired and
accumulated about hundreds of millions of Americans.
The Defendant did not obtain Class Members' express or implied
consent to be subjected to data sharing with TikTok for the
purposes of fingerprinting and de-anonymization, says the suit.
Healthline Network provides consumers with information on specific
health conditions and medications via its website. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Narain Kumar, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
Email: robert@taulersmith.com
nkumar@taulersmith.com
HP INC: Zimmerman, et al., Appointed as Class Counsel in MEHC
-------------------------------------------------------------
In the class action lawsuit captioned as MOBILE EMERGENCY HOUSING
CORP., TRACK RAT ENTERPRISES, INC. d/b/a PERFORMANCE AUTOMOTIVE &
TIRE CENTER, and DAVID JUSTIN LYNCH, individually, and on behalf of
all others similarly situated, v. HP INC. d/b/a/ HP COMPUTING AND
PRINTING INC., a Delaware Corporation, Case No. 5:20-cv-09157-SVK
(N.D. Cal.), the Hon. Judge Susan Van Keulen entered an order a
final order and judgment:
The Court reaffirms the findings in its Order Granting in Part and
Denying in Part the Plaintiffs' motion for class certification that
all prerequisites for maintenance of a class action set forth in
Federal Rules of Civil Procedure 23(a) and (b)(2) are satisfied.
The Court makes final (i) its appointments of Thomas Zimmerman,
Jr., Jeffrey Blake, and Mark Javitch as Class Counsel, and Mobile
Emergency Housing Corp., Track Rat Enterprises, Inc. d/b/a
Performance Automotive & Tire Center, and David Justin Lynch as the
Class Representatives; and (ii) its certification of the injective
classes (the "Class"), as follows:
a. All persons and entities who, during the period Nov. 1, 2020
through Oct. 1, 2021: (1) resided in the United States; (2)
owned a Class Printer; (3) used a third-party cartridge in
the printer; (4) viewed a "Supply Problem" error message on
the printer at a time when the printer was using a third-
party cartridge; and (5) did not view any disclosures from
HP regarding the potential for printers using third-party
cartridges to cease functioning before they viewed the "
Supply Problem" error message."
b. All persons and entities who, during the period Nov. 1, 2020
through Oct. 1, 2021: (1) resided in California; (2) owned a
Class Printer; (3) used a third-party cartridge in the
printer; (4) viewed a "Supply Problem" error message on the
printer at a time when the printer was using a third-party
cartridge; and (5) did not view any disclosures from HP
regarding the potential for printers using third-party
cartridges to cease functioning before they viewed the
"Supply Problem" error message."
c. All persons and entities who, during the period Jan. 1, 2017
through Oct. 1, 2021: (1) resided in the United States; (2)
owned a Class Printer; (3) had HP collect their printer's
data; and (4) did not view any disclosures about HP's data-
collection practices before HP collected their printer's
data.
d. All persons and entities who, during the period Jan. 1, 2017
through Oct. 1, 2021: (1) resided in California; (2) owned a
Class Printer; (3) had HP collect their printer's data; and
(5) did not view any disclosures about HP's data-collection
practices before HP collected their printer's data.
Excluded from the Class are any Judge or Magistrate
presiding over this action and members of their immediate
families; HP, its officers, directors, and affiliates at all
relevant times, members of their immediate families and
their legal representatives, and any entity in which HP had
or has a controlling interest; the Plaintiffs' counsel; and
the legal representatives, successors, and assigns of any
such excluded persons and entities.
The Court has considered the sole objection to the Settlement made
by Alex Wright. The Court overrules this objection as it failed to
comply with the requirements set forth in the Preliminary Approval
Order, and it is also substantively without merit.
The Action is dismissed, with prejudice.
HP Inc. is an American multinational information technology
company.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=s71Rps at no extra
charge.[CC]
IMMUNITYBIO INC: Settlement Class Gets Provisional Certification
----------------------------------------------------------------
In the class action lawsuit captioned as Salzman v. ImmunityBio,
Inc. et al. (RE IMMUNITYBIO, INC. SECURITIES LITIGATION), Case No.
3:23-cv-01216-GPC-VET (S.D. Cal.), the Hon. Judge Gonzalo Curiel
entered an order:
(1) provisionally approving certification of the proposed
settlement class;
(2) appointing class counsel;
(3) conditionally approving the proposed notice form and proof
of claim form;
(4) approving lead plaintiff’s plan of allocation; and
(5) granting preliminary approval of class action settlement
The Court provisionally certifies, for purposes of the Settlement
only, the following Settlement Class:
"All Persons, except those expressly excluded below, who
purchased or otherwise acquired ImmunityBio securities
during the Class Period of March 10, 2021 to May 10, 2023,
both dates inclusive."
Excluded from the Class are: (i) all Defendants; (ii)
members of the immediate families of the Defendants; (iii)
the subsidiaries and affiliates of any Defendants; (iv) any
person or entity who is a partner, executive officer,
director or controlling person of any of the Defendants; (v)
any entity in which any Defendant has a controlling
interest; and (vi) the legal representatives, heirs,
successors and assigns of any such excluded party.
Also excluded from the Settlement Class are any Settlement
Class members who or which submit a valid request for
exclusion from the Settlement Class that is accepted by the
Court.
ImmunityBio is a vertically-integrated biotechnology company
developing next-generation therapies and vaccines.
A copy of the Court's order dated March 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HIuAys at no extra
charge.[CC]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
Justin D. D'Aloia, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
- and -
Corey D. Holzer, Esq.
HOLZER & HOLZER, LLC
211 Perimeter Center Parkway, Suite 1010
Atlanta, GA 30346
The Defendants are represented by:
Gregory L. Watts, Esq.
WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100
Seattle, WA 98104-7036
INTRASYSTEMS LLC: Fails to Secure Personal Info, Hochberg Says
--------------------------------------------------------------
TYLER HOCHBERG, individually and on behalf of all others similarly
situated v. INTRASYSTEMS, LLC and ALLEGHENY HEALTH NETWORK, Case
No. 2:25-cv-00449-NR (D. Mass., April 2, 2025) alleges that the
Defendants failed to properly secure and safeguard individuals'
highly valuable personally identifiable information and protected
health information including individuals' names, dates of birth,
addresses, Social Security numbers, financial account numbers (but
no access codes), health insurance identification numbers and other
health insurance information, and treatment information including
diagnoses, provider's information, treatments/procedures, date(s)
of service, prescription information, and medical device serial
numbers, as applicable.
Accordingly, businesses that handle PII and PHI owe a duty to the
individuals to whom that data relates. This duty arises because it
is foreseeable that its exposure to unauthorized persons
--especially to hackers with nefarious intentions -- will result in
harm to the individuals to whom the information relates. The harm
resulting from a data privacy breach manifests in a number of ways,
including identity theft and financial or medical fraud. The
exposure of a person’s PII or PHI through a data breach ensures
that such person will be at a substantially increased and certainly
impending risk of identity theft crimes compared to the rest of the
population, potentially for the rest of their lives, says the
suit.
Defendant IntraSystems is an IT consulting company, managed
services provider, and systems integrator that specializes in the
deployment, management, and delivery of IT infrastructure, managed
services, help desk services, cybersecurity services and
assessments, virtualization services, security, and cloud
solutions.
Defendant AHN is a health network that offers a broad spectrum of
care and services. It has 14 hospitals and more than 200 primary-
and specialty-care practices in more than 300 clinical locations
and offices.[BN]
The Plaintiff is represented by:
Jason Leviton, Esq.
Brendan Jarboe, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Ste 1860
Boston, MA 02110
Telephone: (617) 398-5600
E-mail: jason@blockleviton.com
brendan@blockleviton.com
- and -
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
nick@lcllp.com
KRAFT HEINZ: Filing for Class Cert Bid in Sisca Suit Due July 9
---------------------------------------------------------------
In the class action lawsuit captioned as Sisca v. Kraft Heinz Foods
Company, Case No. 2:24-cv-00813 (E.D.N.Y., Filed Feb. 3, 2024), the
Hon. Judge Nusrat J. Choudhury entered an order extending discovery
deadlines as follows:
-- Identification of case-in-chief experts, service of Rule 26
disclosures and a motion for class certification are due by
July 9, 2025.
-- Identification of rebuttal experts and service of Rule 26
disclosures are due by Aug. 8, 2025.
-- Completion of depositions is due by Aug. 22, 2025.
-- Commencement of summary judgment motion practice is due by
Oct. 8, 2025.
-- The pretrial conference scheduled for Sept. 9, 2025, is
adjourned to Jan. 13, 2026.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Kraft operates as a food and beverage company. The Company offers
sauces, meals, soups, snacks, and infant nutrition products. [CC]
LEAD DOG: Court Extends Time to File Class Cert Reply
-----------------------------------------------------
In the class action lawsuit captioned as Slendak v. Lead Dog Pizza,
Inc., et al., Case No. 3:24-cv-03988 (D.S.C., Filed July 17, 2024),
the Hon. Judge Mary Geiger Lewis entered an order granting motion
for extension of time to file response/reply regarding motion to
certify class.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
The Defendant is a local franchise of Domino's Pizza.[CC]
LEE UNIVERSITY: Fails to Prevent Data Breach, Vaught Alleges
------------------------------------------------------------
CHRISTOPHER VAUGHT, individually and on behalf of all others
similarly situated, Plaintiff v. LEE UNIVERSITY, Defendant, Case
No. 1:25-cv-00108 (E.D. Tenn., April 1, 2025) is a class action
against the Defendant for its failure to properly secure and
safeguard sensitive information of its students and employees.
The Plaintiff alleges in the complaint that the Defendant
maintained, used, and shared the personally Identifiable
Information in a reckless manner. In particular, the PII was used
and transmitted by Defendant in a condition vulnerable to
cyberattacks.
As a result of the Data Breach, the Plaintiff and Class Members
have been exposed to a heightened and imminent risk of fraud and
identity theft. Plaintiff and Class Members must now and in the
future closely monitor their financial accounts to guard against
identity theft, says the suit.
Lee University provides educational services. The University offers
degree programs in arts, sociology, biology, chemistry, economics,
environmental studies, computer science, history, mathematics,
philosophy, physics, political science, and psychology. [BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: ostrow@kolawyers.com
LENDINGTREE LLC: Wins Bid for Summary Judgment v. Sapan
-------------------------------------------------------
In the class action lawsuit captioned as PAUL SAPAN, individually
and on behalf of all others similarly situated, v. LENDINGTREE,
LLC, Case No. 8:23-cv-00071-JWH-DFM (C.D. Cal.), the Hon. Judge
John Holcomb entered an order granting the Defendant's motion for
summary judgment:
1. LendingTree's motion for summary judgment motion is granted.
2. Sapan's class certification motion, LendingTree's stay
motion, and the parties' joint motion to modify the Court's
Scheduling Order are each denied as moot.
3. Judgment shall issue accordingly.
In sum, there is no genuine dispute regarding whether Lending Tree
could be vicariously liable for any TCPA violation committed by the
entity that called Sapan, whether or not that the entity was one of
Lending Tree's marketing affiliates.
Sapan commenced this action in Jan. 2023. In his Complaint, Sapan
asserts one claim for relief under the Telephone Consumer
Protection Act of 1991 ("TCPA").
LendingTree provides online tools to aid consumers in their
financial decisions.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9MPlo3 at no extra
charge.[CC]
LIBERTY MUTUAL: Blain's Bid for Class Cert Tossed w/o Prejudice
---------------------------------------------------------------
In the class action lawsuit captioned as SARAH BLAIN, individually
and on behalf of all others similarly situated, v. LIBERTY MUTUAL
FIRE INSURANCE COMPANY, Case No. 3:22-cv-00970-AJB-MMP (S.D. Cal.),
the Hon. Judge Anthony Battaglia entered an order:
-- granting Liberty Mutual's motion to exclude,
-- denying without prejudice the Plaintiff's motion for class
certification,
-- granting Liberty Mutual's request for judicial notice for the
limited purpose of recognizing it exists, and
-- granting Liberty Mutual's motion to stay the proceedings.
The parties are directed to file a joint status report no later
than the earlier of (1) 120 days from the docketing of this Order
OR (2) seven days after a ruling issued in either Davis v. CSAA
Ins. Exch., No. A169729, by the California Court of Appeal and/or
of Day v. GEICO, No. 24-2201, by the Ninth Circuit.
Having resolved the other pending motions, the Court finds that
judicial efficiency and the potential hardship of proceeding
outweigh the minimal potential damage to Plaintiff that may
possibly be incurred by imposing a stay. Accordingly, having
considered and weighed the applicable Landis factors, the Court
grants Liberty Mutual's motion to stay the proceedings.
The Plaintiff, who has held and currently holds a policy for
personal auto insurance from Liberty Mutual, alleges that Liberty
Mutual failed to issue adequate refunds in response to the COVID-19
crisis.
The Plaintiff seeks to certify the following class:
"All California residents who purchased personal automobile
insurance from Liberty Mutual covering any portion of the time
period from March 1, 2020 to June 11, 2021."
Liberty offers auto, vehicles, properties, life, and small business
insurance.
A copy of the Court's order dated March 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=p5yiTj at no extra
charge.[CC]
LINCOLN NATIONAL: Continues to Defend Grink Class Suit in N.J.
--------------------------------------------------------------
The Lincoln National Life Insurance Company disclosed in its Form
10-K Report for the fiscal period ending December 31, 2024 filed
with the Securities and Exchange Commission on March 14, 2025, that
the Company continues to defend itself from the Grink class suit in
the United States District Court for the District of New Jersey.
Kelly Grink v. Virtua Health and Lincoln National Corporation et
al., No. 1:24-cv-09919, is a putative class action filed on October
18, 2024, in the U.S. District Court for the District of New
Jersey.
On March 7, 2025, Plaintiffs filed an amended complaint which,
inter alia, added an additional named plaintiff (Steven Molnar) and
additional named defendants, including Lincoln Retirement Services
Company, LLC, and [The] Lincoln National Life Insurance Company.
Plaintiffs Kelly Grink, Diane Trump and Steven Molnar are
participants in Virtua Health's defined contribution plans.
Plaintiffs seek to represent all current and former participants or
beneficiaries of Virtua's 401(k) savings plan and 403(b) retirement
program (together, the "Plans") who invested in the Plans' fixed
annuity option in the six years prior to the filing of this
lawsuit.
Lincoln offers a fixed annuity investment option to plan
participants through its group annuity contract with the Plans.
Lincoln also provides recordkeeping and administration services to
the Plans. Plaintiffs allege that the Virtua defendants acted in
breach of their fiduciary duty including by maintaining the Plans'
investment in the Lincoln stable value fund when other investment
providers are alleged to have provided superior alternatives at
substantially lower cost.
Plaintiffs allege that the Lincoln defendants were at all relevant
times fiduciaries to the Plans and were parties in interest to a
prohibited transaction under ERISA.
The action seeks relief against the Lincoln defendants including
the disgorgement of any profits they received as a result of the
alleged breaches of fiduciary duty, together with plaintiffs'
attorney's fees and costs, prejudgment and post-judgment interest
and such other equitable or remedial relief as the court deems
appropriate.
The Company is vigorously defending this matter.
Lincoln National is a corporation organized under Indiana law and
is responsible for drafting, issuing, and administering group
policies of life and AD&D insurance.[BN]
LINCOLN NATIONAL: Continues to Defend Morgan Class Suit in Texas
----------------------------------------------------------------
The Lincoln National Life Insurance Company disclosed in its Form
10-K Report for the fiscal period ending December 31, 2024 filed
with the Securities and Exchange Commission on March 14, 2025, that
the Company continues to defend itself from the Morgan class suit
in the District Court of the 14th Judicial District of Dallas
County, Texas.
Henry Morgan et al. v. Lincoln National Corporation d/b/a Lincoln
Financial Group, et al, filed in the District Court of the 14th
Judicial District of Dallas County, Texas, No. DC-23-02492, is a
putative class action that was filed on February 22, 2023.
Plaintiffs Henry Morgan, Susan Smith, Charles Smith, Laura Seale,
Terri Cogburn, Laura Baesel, Kathleen Walton, Terry Warner, and
Toni Hale ("Plaintiffs") allege on behalf of a putative class that
Lincoln National Corporation d/b/a Lincoln Financial Group, LNL and
LLANY (together, "Lincoln"), FMR, LLC, and Fidelity Product
Services, LLC ("Fidelity") created and marketed misleading and
deceptive insurance products with attributes of investment
products.
The putative class comprises all individuals and entities who
purchased Lincoln OptiBlend products that allocated account monies
to the 1-Year Fidelity AIM Dividend Participation Account, between
January 1, 2020, to December 31, 2022. Plaintiffs assert the
following claims individually and on behalf of the class, (1)
violations of the Texas Deceptive Trade Practices Act against
Lincoln; (2) common-law fraud against Lincoln; (3) negligent
misrepresentation against Lincoln and Fidelity; and (4) aiding and
abetting fraud against Fidelity.
Plaintiffs allege they suffered damages from "a missed investment
return of approximately 5-6%" and mitigation damages.
They seek actual, consequential and punitive damages, as well as
pre-judgment and post-judgment interest, attorney's fees and
litigation costs. On March 31, 2023, the Lincoln defendants filed a
notice of removal removing the action from the 14th Judicial
District of Dallas County, Texas, to the United States District
Court for the Northern District of Texas, Dallas Division.
On May 8, 2023, the Lincoln defendants and the Fidelity defendants
filed motions to dismiss, which remain pending.
The Company is vigorously defending this matter.
Lincoln National is a corporation organized under Indiana law and
is responsible for drafting, issuing, and administering group
policies of life and AD&D insurance.[BN]
LIVE NATION: Amended Bid to Compel Arbitration in Paxson OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as ERIN J. PAXSON, v. LIVE
NATION ENTERTAINMENT, INC., et al., Case No. 2:24-cv-00907-APG-EJY
(D. Nev.), the Hon. Judge Andrew Gordon entered an order:
-- granting the Defendants' amended motion to compel arbitration,
-- denying as moot the Plaintiff Erin Paxson's motion for class
certification, and
-- denying Plaintiff's motion for leave to file a sur-reply.
The Plaintiff Erin J. Paxson's claims are dismissed without
prejudice to pursue them in arbitration.
The clerk of court is ordered to close this case.
The arbitration agreement is valid and not illusory. I therefore
grant Live Nation's motion to compel arbitration.
Judge Gordon denied Paxson's motion for leave to file a sur-reply
because Live Nation did not raise new issues or present materially
new evidence that require further argument. Because neither party
has requested a stay, I dismiss Paxson's claims without prejudice
because she must arbitrate them
The Plaintiff brings a class action suit against Live Nation for
claims arising from the 2022 Lovers and Friends music festival. She
alleges claims for (1) breach of contract, (2) breach of the
implied covenant of good faith and fair dealing, (3) unjust
enrichment, and (4) violations of the Ohio Consumer Sales Practices
Act. She alleges that these violations occurred when Live Nation
employees allegedly caused a stampede at the festival and
organizers subsequently failed to issue refunds to her and other
attendees.
Live Nation produces live concerts and sells tickets to those
events over the Internet.
A copy of the Court's order dated March 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HahhPE at no extra
charge.[CC]
LOS ANGELES, CA: Filing for Class Cert Bid in Berg Due Sept. 12
---------------------------------------------------------------
In the class action lawsuit captioned as Krizia Berg et al., v.
County of Los Angeles et al., Case No. 2:20-cv-07870-DMG-PD (C.D.
Cal.), the Hon. Judge Dolly Gee entered an order as follows:
The parties shall resume and complete expert discovery, as the
expert discovery deadline had not yet passed when the case was
stayed. The Court also reopens non-expert discovery on the limited
issue of LASD's response to Penal Code section 13652. All discovery
shall be completed by no later than Friday, June 20, 2025.
If Plaintiffs wish to file a Third Amended Complaint, they shall
file a regularly noticed motion for leave to amend consistent with
Local Rules 7 and 15-1. Any motion for leave to amend shall be
filed by no later than Friday, July 11, 2025, with a hearing date
no later than Aug. 15, 2025.
Renewed Class Certification Motion and Dispositive Motion Cut-Off:
The parties shall brief the dispositive motion and the renewed
motion for class certification simultaneously, as follows:
Sept. 12, 2025: Deadline for Plaintiffs' Motion for Class
Certification ("MFC") and Defendants' Motion for Summary
Judgment ("MSJ")
Oct. 10, 2025: Deadline for Plaintiffs' Opposition to
Defendants' MSJ and Defendants' Opposition to Plaintiffs'
MFC
Nov. 7, 2025: Deadline for Plaintiffs' Reply in Support of
their MFC and Deadlines' Reply in Support of their MSJ
Dec. 5, 2025 at 2:00 p.m.: Hearing on Plaintiffs' MFC and
Defendants' MSJ.
A copy of the Court's order dated March 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Z0VKjG at no extra
charge.[CC]
MAIDEN HOLDINGS: Dismissal of Securities Suit Under Appeal
----------------------------------------------------------
Maiden Holdings, Ltd. disclosed in its Form 10-Q for the fiscal
year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 10, 2025, that dismissal of a putative
class action complaint filed against Maiden Holdings, Arturo M.
Raschbaum, Karen L. Schmitt, and John M. Marshaleck in the United
States District Court for the District of New Jersey on February
11, 2019 is currently on appeal at the United States Court of
Appeals for the Third Circuit.
On February 19, 2020, the court appointed lead plaintiffs, and on
May 1, 2020, lead plaintiffs filed an amended class action
complaint. The Amended Complaint asserts violations of Section
10(b) of the Exchange Act and Rule 10b-5 (and Section 20(a) for
control person liability) arising in large part from allegations
that Maiden failed to take adequate loss reserves in connection
with reinsurance provided to AmTrust Financial Services, Inc.
Plaintiffs further claim that certain of Maiden Holdings'
representations concerning its business, underwriting and financial
statements were rendered false by the allegedly inadequate loss
reserves, that these misrepresentations inflated the price of
Maiden Holdings' common stock, and that when the truth about the
misrepresentations was revealed, the company's stock price fell,
causing plaintiffs to incur losses.
On September 11, 2020, a motion to dismiss was filed on behalf of
all defendants. On August 6, 2021, the court issued an order
denying, in part, defendants' motion to dismiss, ordering
Plaintiffs to file a shorter amended complaint no later than August
20, 2021, and permitting discovery to proceed on a limited basis.
On February 7, 2023, the District Court denied plaintiffs' motion
for reconsideration of the District Court's decision denying
plaintiffs' objection to the Magistrate Judge's December 2021
ruling on discovery. On May 26, 2023, the company filed a Renewed
Motion to Dismiss the Second Amended Complaint or, in the
Alternative, for Summary Judgment, which has been fully briefed.
On December 19, 2023, the U.S. District Court for the District of
New Jersey granted summary judgment on plaintiffs' claim for
securities fraud under Section 10(b) of the Securities Exchange Act
to Maiden Holdings, Ltd. and individual defendants Arturo
Raschbaum, Karen Schmitt, and John Marshalek. The court held that
the factual record failed to support, as a matter of law,
plaintiffs' allegations that the defendants had made false
statements regarding the company's loss reserves. The court also
dismissed plaintiffs' claims that the individual defendants were
liable as control persons under Section 20(a) of the Securities
Exchange Act for any such alleged false statements. Plaintiffs have
appealed to the United States Court of Appeals for the Third
Circuit.
Maiden Holdings is a Bermuda-based holding company that provides a
full range of legacy services to small insurance companies,
particularly those in run-off or with blocks of reserves that are
no longer core, working with clients to develop and implement
finality solutions including acquiring entire companies that enable
our clients to meet their capital and risk management objectives.
MCA MERRILLVILLE: Napoleon Suit Seeks to Certify Rule 23 Class
--------------------------------------------------------------
In the class action lawsuit captioned as KRISTEN NAPOLEON on Behalf
of Herself and All Others Similarly Situated, v. MCA MERRILLVILLE
DELI, INC. and MCA VALPARAISO DELI, INC., MCA SCHERERVILLE DELI,
INC., MCA BLOOMINGDALE, INC., MCA ELIGIN, INC, MCA ALGONQUIN, INC.,
MCA SCHAUMBURG, INC., KEYSTONE MANAGEMENT GROUP, INC. and JAY
PUNUKOLLU, Case No. 2:24-cv-00093-PPS-APR (N.D. Ind.), the
Plaintiff asks the Court to enter an order:
-- certifying the following Plaintiff Class in this action
pursuant to Rule 23(a) and Rule 23(b)(3):
"All present and former hourly employees of the MCA
Merrillville Deli, Inc., MCA Schererville Deli, Inc. and MCA
Valparaiso Deli, Inc. who worked over 40 hours in a workweek
between Oct. 28, 2019 and Oct. 27, 2024 and were not paid
overtime premium wages."
-- directing the Defendants to submit to Plaintiff via e-mail a
separate Word or Excel document within 10 days of the Court's
Order certifying this class action the following information
for each proposed class member: the time keeping records for
all employees from Oct. 28, 2019 to Oct. 27, 2024 if not
already provided, their full names, home addresses, telephone
and cell phone numbers, dates of employment, location of
employment, and dates of birth of all potential plaintiffs;
and
-- approving the proposed Notice of Class Action submitted for
the Court's review. I
A copy of the Plaintiff's motion dated March 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gigTFr at no extra
charge.[CC]
The Plaintiff is represented by:
Ronald E. Weldy, Esq.
WELDY LAW
11268 Governors Lane
Fishers, IN 46037
Telephone: (317) 842-6600
E-mail: rweldy@weldylegal.com
MCGILL UNIVERSITY: Student Sues Over Discrimination, Antisemitism
-----------------------------------------------------------------
CBC News reports that a McGill University undergrad is hoping to
launch a class-action lawsuit against the school for allegedly
failing to protect Jewish students from antisemitism and
discrimination on campus since Oct. 8, 2023.
Backed by a Montreal law firm and B'nai Brith Canada, the
application to launch a class action was filed in Superior Court on
April 8. It has not yet been authorized.
The lawsuit is seeking reimbursement of 33 per cent of the
aggregate tuition and student fees paid by each class member in
respect of the period since October 8, 2023, and punitive damages
in the amount of $5 million for harm suffered by the class as a
whole.
The lawsuit is asking that all Jewish students registered at McGill
University be included, be they undergraduate, masters, continuing
education, doctoral or post-doctoral students. It estimates that
there could be about 4,000 plaintiffs.
The applicant seeking authorization in this case is David Cobrin,
who is being represented by Fishman Flanz Meland Paquin LLP.
Cobrin alleges that McGill University failed to enforce its own
policies to protect Jewish students from harassment, discrimination
and antisemitism, particularly since the October 7 Hamas-led attack
on Israel.
McGill is accused of breaching its obligations under its Code of
Student Conduct and other internal policies by allowing an
environment of antisemitic sentiment and not taking adequate
disciplinary or preventive measures, the lawsuit says.
The lawsuit is seeking financial compensation for affected students
and asks the court to compel McGill to meaningfully enforce its
policies to ensure Jewish students are protected and that
anti-Zionism is recognized as "a manifestation of antisemitism."
"B'nai Brith Canada is supporting McGill's Jewish students because
the university has allowed the situation to get out of hand," said
Henry Topas, B'nai Brith Canada's regional director for Quebec in a
statement.
"Radicalized individuals, both students and non-students, are
preventing Jewish students from obtaining the university experience
to which they are entitled."
The lawsuit cites dozens of examples of what it says contributed to
harassment, discrimination and antisemitism on campus, including a
two-and-a-half-month, pro-Palestinian encampment on the school's
lower field that called for the school to divest from
Israel-related funds.
It cites an Instagram post allegedly made the day after the attack
on Oct. 8, 2023, by Students in Solidarity with Palestinian Human
Rights (SPHR). It was an official student club at the time. It
described Hamas' assault and taking of hostages as "heroic" and
urged people to "celebrate the resistance's success," the lawsuit
says.
In the years since, tensions on campus have escalated and at times
become violent. The application cites several Instagram posts made
by SPHR, protests, vandalism and decisions made by the school and
governing bodies, such as the Students' Society of McGill
University (SSMU).
"Since Oct. 8, 2023, applicant feels that he has not received the
full extent of the university experience to which he has a right
and legitimate expectation," the application states.
McGill University declined a request for comment Tuesday evening,
April 8. [GN]
MDL 2724: Settlement in Antitrust Suit Gets Initial Nod
-------------------------------------------------------
In the class action lawsuit RE: GENERIC PHARMACEUTICALS PRICING
ANTITRUST LITIGATION, Case No. 2:16-md-02724-CMR (E.D. Pa.), the
Hon. Judge Cynthia Rufe entered an order preliminarily approving
the Settlement:
"All persons or entities, and their successors and assigns,
that directly purchased one or more of the Named Generic Drugs
from one or more Current or Former Defendants in the United
States and its territories and possessions, at any time during
the period from May 1, 2009 until Dec. 31, 2019."
Excluded from the Settlement Class are Current and Former
Defendants and their present and former officers, directors,
management, employees, subsidiaries, or affiliates, judicial
officers and their personnel, and all governmental entities.
The settlement amounts consist of a $265,000,000 monetary payment,
which has been reduced to $233,200,000 to account for the opt-outs
but may be increased to as much as $295,551,850 under the most
favored nation clause.
A copy of the Court's memorandum opinion dated March 17, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=qaJwzL
at no extra charge.[CC]
MINT URBAN: Jury Rules Payment of $13.5M in Property False Ads Suit
-------------------------------------------------------------------
Mary Salmonsen, writing for MultiFamily Dive, reports that
following an eight-day trial in the U.S. District Court of
Colorado, a jury has ruled that the owners and former operator of
the Mint Urban Infinity Apartments in Denver must pay a total of
over $13.5 million to their current and former tenants for
violating the state's warranty of habitability law, according to
Denver7.
Over 200 current and former Mint Urban tenants filed a class action
lawsuit against Denver-based Cardinal Group Management and New York
City-based Glendale Properties I and II -- holding companies for
Singapore-based Mapletree Investments -- on Oct. 22, 2021,
according to court documents. Neither Cardinal nor Mapletree have
responded to requests for comment from Multifamily Dive.
The plaintiffs claimed that Mint Urban -- a nine-building, 561-unit
property -- had been misrepresented to them in Cardinal's
advertising, which allegedly promoted the property's newly
renovated pool, elevators and air conditioning. Instead, they
allegedly found all three of these amenities were either
nonfunctional or frequently broken.
In the lawsuit, plaintiffs also reported chronic issues with the
property's plumbing, broken doors and door locks, broken air
conditioning, leaking roofs, cracks and holes, overflowing trash
receptacles and dumpsters, broken lighting, unsanitary common areas
and broken and unsanitary laundry facilities.
Specific incidents at the property include an entire summer in
which the air conditioning did not function and a period in which
the property did not have a front door for six months, according to
Denver7.
"Defendants refused to make necessary repairs, including with
respect to critical, featured amenities like elevators and air
conditioning, as required by Colorado law and/or their form lease
agreements," the lawsuit reads. "Indeed, despite knowing about the
need for such repairs for years, defendants refused to authorize
and perform them, choosing instead to continue to falsely advertise
to tenants prospective and current alike that such amenities were
fully functioning and available."
The property also allegedly charged tenants a pest control fee of
$2 per month, even if it did not render pest control services, and
a move-out fee of twice the unit's rent if they did not provide 60
days' written notice of intent to move out, according to the
lawsuit.
The plaintiffs sought to prevent the defendants from collecting
this move-out fee, collecting rent, advertising the property or
charging fees until the issues were remedied, according to court
documents. They also sought damages for breaches of "legal and
contractual duties."
In its response to the complaint, Cardinal denied the majority of
the plaintiffs' allegations about the condition of the property or
that they had misrepresented it in advertising. Glendale
Properties, in its response to the court, stated that supply chain
issues related to the COVID-19 pandemic, as well as staffing
issues, contributed to delays in the property's repairs during that
period. It also claimed that it allowed residents to break their
leases penalty-free during the long air conditioning outage.
In the trial, which began on March 3, a jury ruled that Cardinal
and the owners had violated Colorado's warranty of habitability
law, which obligates landlords to fulfill specific requirements to
make a property fit for human habitation. These include weather
protection, appropriate extermination for pests and maintaining
public spaces in good repair.
The award is equivalent to a 31.42% rent reduction for all tenants
living at Mint Urban between Oct. 22, 2018 and June 28, 2022, plus
damages of $200 per unit per month during this timeframe, according
to CBS Colorado. The plaintiffs' legal team estimates that more
than 2,000 tenants would benefit from this ruling.
Cardinal, ranked No. 34 on the NMHC Top 50 Managers list, manages
more than 54,000 units across the country. Atlanta-based Cortland
took over management of Mint Urban Infinity Apartments from
Cardinal in 2022. Cortland is not named in the lawsuit. [GN]
NATIONWIDE INSURANCE: Court Dismisses Nutt Class Suit
-----------------------------------------------------
In the class action lawsuit captioned as Lisa A. Nutt, v.
Nationwide Insurance Company of America, et al., Case No.
2:24-cv-02228-ROS (D. Ariz.), the Hon. Judge Roslyn Silver entered
an order declining to address class certification prior to
resolving Article III standing.
The Plaintiff has not alleged any injury from the Moving Defendants
nor does Plaintiff raise other arguments as to why she has
individual standing to sue the Moving Defendants. The claims
against the Moving Defendants are dismissed.
Accordingly, the Moving Defendants' motion to dismiss for lack of
subject matter jurisdiction is granted.
The Court further entered an order directing the Clerk of Court to
terminate the Defendants Nationwide Affinity Insurance Company of
America, Nationwide Assurance Company, Nationwide General Insurance
Company, Nationwide Mutual Insurance Company, Nationwide Property &
Casualty Insurance Company, Allied Property & Casualty Insurance
Company, AMCO Insurance Company, Depositors Insurance Company,
Titan Insurance Company, and Victoria Fire & Casualty Company from
this case.
The Plaintiff alleges the Defendants did not allow insured
customers to "stack" UM and UIM coverages.
On Aug. 11, 2021, the Plaintiff suffered injuries in excess of
$125,000 as a result of a motorcycle accident. At the time of the
accident, the Plaintiff had a Nationwide America auto insurance
policy providing the Plaintiff with UIM benefits of $25,000 per
person and $50,000 per occurrence for each of six vehicles.
The Plaintiff seeks to represent a class of individuals challenging
similar stacked UM/UIM claims at Nationwide America and linked
companies.
Nationwide offers insurance, retirement and investing products.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vytrn8 at no extra
charge.[CC]
NONSTOP ADMINISTRATION: Settlement Class Gets Certification
-----------------------------------------------------------
In the class action lawsuit captioned as JOHN PRUTSMAN, AMIRA
MARTZ, SIMCHA RINGEL, NAIOMI MARDEN, ALANA BALAGOT, CORINNE WARREN,
SUNNY LAI, AND DAVID KLEIN, INDIVIDUALLY AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED, V. NONSTOP ADMINISTRATION AND INSURANCE
SERVICES, INC.; INCLUSIVE, Case No. 3:23-cv-01131-RFL (N.D. Cal.),
the Hon. Judge Rita Lin entered a final approval order as follows:
1. The final approval motion and the fees, costs, and service
awards motion are granted.
2. The Court certifies, for settlement purposes only, a
Settlement Class defined as follows:
"All individuals within the United States of America whose
PHI/PII was exposed to unauthorized third parties as a
result of the data breach discovered by Defendant on Dec.
22, 2022."
3. The Court appoints John Prutsman, Amira Martz, Simcha
Ringel, Naiomi Marden, Alana Balagot, Corrine Warren, Sunny
Lai, and David Klein as Class Representatives of the
Settlement Class pursuant to Federal Rules of Civil
Procedure Rule 23(a).
4. The Court appoints the Plaintiffs' attorneys Gary M. Klinger
of Milberg Coleman Bryson Phillips Grossman, PLLC; and Scott
E. Cole of Cole & Van Note as Settlement Class Counsel.
5. Class Counsel are awarded attorneys' fees in the amount of
$400,000.00 and litigation costs in the amount of
$14,696.96.
Nonstop Administration was founded with the mission to reduce
health insurance costs for nonprofits and their employees.
A copy of the Court's order dated March 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tCr980 at no extra
charge.[CC]
NORTHEAST ORTHOPAEDICS: Fails to Prevent Data Breach, Wallen Says
-----------------------------------------------------------------
JAMES WALLEN, individually and on behalf of his minor child, A.W.,
and on behalf of all others similarly situated, Plaintiff v.
NORTHEAST ORTHOPAEDICS ALLIANCE, PLLC; and CONCORD ORTHOPAEDICS
PROFESSIONAL ASSOCIATION, Defendants, Case No. 1:25-cv-00128
(D.N.H., April 3, 2025) is an action against the Defendant for its
failure to properly secure and safeguard sensitive information of
its customers and patients.
According to the Plaintiff in the complaint, the Defendants failed
to fulfill their duties and obligations, as unauthorized
cybercriminals accessed and stole vast quantities of Private
Information belonging to Defendants' patients, including Plaintiffs
and Class members. The Data Breach—and the successful
exfiltration of Private Information—were the direct, proximate,
and foreseeable results of multiple failings on the part of
Defendants.
The Data Breach occurred because Defendants failed to implement
reasonable security protections to safeguard their information
systems and databases, especially by utilizing software programs
with security deficiencies.
As a result of Defendants' negligent, reckless, intentional, and
unconscionable failure to adequately satisfy their contractual,
statutory, and common-law obligations, the Plaintiffs and Class
members suffered injuries, says the suit.
Northeast Orthopaedics Alliance, PLLC offers comprehensive medical
management of all orthopaedic conditions with special attention to
personalized patient care. [BN]
The Plaintiff is represented by:
Adam H. Weintraub, Esq.
WEINTRAUB LAW, LLC
170 Commerce Way, Suite 200
Portsmouth, NH 03801
Telephone: (603) 212-1785
Facsimile: (504) 708-4512
Email: aweintraub@ahwfirm.com
- and -
Daniel O. Herrera, Esq.
Nickolas J. Hagman, Esq.
CAFFERTY CLOBES MERIWETHER
& SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
Facsimile: (312) 782-4485
Email: dherrera@caffertyclobes.com
nhagman@caffertyclobes.com
NORWOOD FINANCIAL: Continues to Defend MOVEit Class Suit
--------------------------------------------------------
Norwood Financial Corp. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on March 14, 2025, that the Company
continues to defend itself from the MOVEit customer data security
breach class suit in the United States District Court for the
District of Massachusetts.
On February 20, 2024, the Company was notified of a Complaint
entitled Ian Werkmeister vs. Wayne Bank, filed on February 12, 2024
in the United States District Court for the Middle District of
Pennsylvania seeking class action status. The Plaintiff is seeking
monetary recovery and other relief on behalf of themselves and one
or more putative classes of other individuals similarly situated.
The Complaint arises out of a widely reported data security
incident involving MOVEit, a file sharing software used globally by
government agencies, enterprise corporations, and financial
institutions.
In October of 2023, Wayne Bank was notified by its third-party
information service provider of a cyber-incident that involved
unauthorized access to Wayne Bank customer information in one of
the vendor's file transfer applications. The incident involved
vulnerabilities discovered in MOVEit Transfer, a file transfer
software used by the Bank's vendor to support services provided by
the vendor to Wayne Bank and its related institutions. MOVEit is a
commonly used secure Managed File Transfer software, which supports
file transfer activities used by thousands of organizations around
the world, including government agencies and major financial firms.
The vulnerability discovered in MOVEit did not involve any of Wayne
Bank's internal systems and did not impact the Bank's ability to
service its customers.
The MOVEit cases have since been transferred and consolidated in
the United States District Court for the District of Massachusetts
and are now entitled MOVEit Customer Data Security Breach
Litigation.
On July 23, 2024, on behalf of all of the Defendants (including the
Company) in this case, an omnibus Motion to Dismiss the cases for
lack of Article III standing pursuant to Rule 12(b)(1) of the
Federal Rules of Civil Procedure was filed with the Court. A
hearing on this motion was held on October 9, 2024.
On December 12, 2024, Judge Burroughs denied the defendants' Rule
12(b)(1) motion in large part. The Court has ordered that a
bellwether process be used to test claims and defenses. Because
Wayne Bank is not a bellwether defendant, its obligations will be
much lessened but will include, among other things, modest
discovery.
The Company believes it has meritorious defenses to the claims
asserted in the Complaint and intends to vigorously defend itself
against such Complaint.
Norwood Financial Corp is the holding company for Wayne Bank that
offers wide variety of personal, business credit services, and
trust and investment products to consumer, commercial, and
nonprofit organizations and municipalities. [BN]
OS RESTAURANT: Fails to Pay Proper Wages, Yarbrough Alleges
-----------------------------------------------------------
TREMAYNE YARBROUGH, individually and on behalf of all others
similarly situated, Plaintiff v. OS RESTAURANT SERVICES, LLC;
FLEMING'S PRIME STEAKHOUSE & WINE BAR; and DOES 1 through 50,
inclusive, Case No. 25STCV09771 (Cal. Super., Los Angeles Cty.,
April 3, 2025) is an action against the Defendants for failure to
pay minimum wages, overtime compensation, authorize and permit meal
and rest periods, provide accurate wage statements, and reimburse
necessary business expenses.
Plaintiff Yarbrough was employed by the Defendants as a waiter.
OS Restaurant Services, LLC operates as a statehouse restaurant.
[BN]
James R. Hawkins, Esq.
Christina M. Lucio, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
Email: james@Jameshawkinsaplc.com
christina@Jameshawkinsaplc.com
PACIFIC GAS: Faces Class Lawsuit Over Capitola Village Explosion
----------------------------------------------------------------
Max Chun, writing for Lookout Santa Cruz, reports that a
Sacramento-based law firm has filed a class action lawsuit against
Pacific Gas & Electric (PG&E) on behalf of residents and business
owners in Capitola Village, after a major explosion that occurred
early on Christmas morning 2024.
Central Fire District and Capitola Police responded to a structure
fire in Capitola Village that began at about 5:10 a.m. on Christmas
morning. It started behind El Toro Bravo Mexican restaurant on the
100 block of Monterey Avenue. Village residents who witnessed the
incident confirmed that an explosion caused the fire. One resident
allegedly suffered serious injuries as a result of the incident.
The complaint alleges that the explosion was caused by a failure in
PG&E's underground utility infrastructure. The plaintiffs say that
overheating in the wiring melted through a gas service line, which
was in the same underground trench as the electrical wiring. They
allege that gas was emitting for around two hours before igniting
and severely damaging the surrounding properties.
"This was an entirely preventable disaster caused by infrastructure
that should have been safely maintained and compliant with the
law," said Bill Kershaw, founding partner at Kershaw Talley Barlow,
the law firm representing the Capitola residents and business
owners. "This community deserves answers and improvements to bring
non-compliant underground utility lines into compliance with the
Public Utility Commissions General Orders and to make sure Capitola
Village is safe and that this never happens again."
The law firm also wrote in a statement that it is investigating
individual claims of residents and nearby business owners harmed by
the incident and will file additional lawsuits.
In a statement sent to Lookout, PG&E said it is aware of the
lawsuits tied to the incident, and that it is confident in the
safety of the local gas system. The company is replacing equipment
as "an additional layer of protection for the community." Two
investigations are underway -- one by a PG&E team and another by
Exponent, a third party engineering firm, to "understand what
factors contributed to this safety incident." [GN]
PROMPTCARE COMPANIES: Hicks Seeks Hourly Workers' Unpaid Wages
--------------------------------------------------------------
KRISTA HICKS, individually and on behalf of all others similarly
situated v. THE PROMPTCARE COMPANIES, INC., d/b/a PROMPT CARE
COMPANIES INC., Case No. 2:25-cv-02241 (D.N.J., April 2, 2025)
seeks to recover unpaid wages and other damages for the Plaintiff
and similarly situated non-exempt hourly positions including but
not limited to respiratory therapists and similarly situated hourly
positions (Hourly Workers) who work or have worked for PromptCare.
To conduct their operations, Prompt Care operates over 40 locations
and employs over 300 Hourly Workers. Accordingly, the Defendant has
compensated Plaintiff and all other Hourly workers on an hourly
basis.
The Defendant has also paid Plaintiff and all other Hourly Workers
stipends for signing up to be "on call". The stipend was to
compensate employees for agreeing to be "on call", but not for time
actually worked while "on call." As such, this stipend didn't cover
Plaintiff and other Hourly Workers' hours worked while "on call" at
their regular rate of pay for hours up to and including 40 per
workweek, or at their overtime rate of pay for hours over 40 per
work week.
The Plaintiff brings this action on behalf of herself and similarly
situated Hourly Workers who elect to opt-in to this action pursuant
to the Fair Labor Standards Act (FLSA), and specifically, the
collective action provision of 29 U.S.C. section 216(b) to remedy
violations of the wage and hour provisions of the FLSA by Defendant
that have deprived Plaintiff and similarly situated employees of
their lawfully earned wages.
Headquartered in New Providence, New Jersey, Prompt Care provides
respiratory products and infusion therapy services throughout the
United States.[BN]
The Plaintiff is represented by:
Dana M. Cimera, Esq.
Brian S. Schaffer, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
E-mail: bschaffer@fslawfirm.com
dcimera@fslawfirm.com
RCP MEATS: Wee-Ellis Seeks Equal Website Access for the Blind
-------------------------------------------------------------
MELCHION WEE-ELLIS, individually and on behalf of all others
similarly situated, Plaintiff v. RCP MEATS, INC., Defendant, Case
2:25-cv-01870-NGG-JMW (E.D.N.Y., April 4, 2025) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.chubsmeats112.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
RCP Meats, Inc. operates as a butcher Shop and meat market in
Medford, Ronkonkoma and Smithtown NY, offering premium meats,
gourmet food, and catering. [BN]
The Plaintiff is represented by:
Michael H. Cohen, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (917) 437-3737
Email: mcohen@ealg.law
SLEEP NUMBER CORP: Faces Consumer Suit in California
----------------------------------------------------
Sleep Number Corporation disclosed in its Form 10-K for the fiscal
year ended December 28, 2024, filed with the Securities and
Exchange Commission on March 7, 2025, that on September 27, 2024, a
purported customer served a putative class action complaint on
behalf of themself and a putative class of California consumers
against Sleep Number in the United States District Court for the
Eastern District of California alleging that its beds are
perpetually on sale in violation of California law.
Plaintiff seeks injunctive relief, damages and attorney's fees.
Sleep Number is a wellness technology company to help solve sleep
problems, by providing individualized temperature control for each
sleeper through its smart beds, marketing and selling its
innovations directly to new and existing customers through
direct-to-consumer retail touch points.
SOAREN MANAGEMENT: Faces Gill Class Over Loansharking Scheme
------------------------------------------------------------
ALICE GILL, RACHEL BUTLER, MORGAN RICE, PATREESE WILLIAMS, JESSE
WILSON, GLORIA APPIAH, DOROTHEA FULMORE, DARLENE MOORE, JEROME
COLE, RUBEN VILLANUEVA, JOSE ROSARIO, ANDREW FUENTES, SPENCER
THOMPSON, JOSEPH GREENWOOD, KATHLEEN ZACCHEO, JEREMY RICKABAUGH,
and NICOLE MATOS, on behalf of themselves and all individuals
similarly situated v. SOAREN MANAGEMENT, LLC, KRAKEN HOLDINGS, LLC,
GENA KAKKAK, JOEY AWONOHOPAY, SPENCER GAUTHIER, MICHAEL FISH, JR.,
DANA WAUBANASCUM, JOAN DELABREAU, REBECCA BRUNETTE, DAYNELL
GRIGNON, RANDY CHEVALIER, and CRYSTAL CHAPMAN-CHEVALIER, and JOHN
DOES Nos. 1-15,Case No. 1:25-cv-00489-BBC (E.D. Wisc., April 2,
2025) alleges that Defendants engaged in usury and loansharking
schemes.
According to the complaint, the schemes are commonly referred as
"tribal lending" business model, or more colloquially, as a
"rent-a-tribe" scheme, a "recent incarnation of payday lending
companies regulation-avoidance." These non-tribal payday lenders
and third-party funders wishing to use this model to circumvent
state legal prohibitions on usurious lending go searching for a
small, easily dominated tribe that will be willing to serve as the
consumer-facing façade for the usury scheme, in return for
receiving a small portion of the revenue generated and, often, some
call-center jobs.
In this case, non-tribal payday lender Fineday holds itself out as
a tribal lending entity owned and operated by the Menominee Indian
Tribe of Wisconsin. Fineday is wholly owned by Wolf River
Development Company. According to its website, Wolf River's purpose
is "to investigate, review, consider, pursue and conduct any
nongaming commercial activity of the Menominee Indian Tribe of
Wisconsin deemed advisable by the [Wolf River] Board of Directors
in order to generate profit, whether on or off the Menominee
Reservation." Defendants Soaren Management, LLC and Kraken
Holdings, LLC, and their non-tribal owners, managers, and
investors, are the true operators of the Fineday usurious lending
scheme and provide the day-to-day management, operation,
investment, and customer service functions of the enterprise from
their headquarters in Arizona, far from the Tribe's reservation.
The Defendants have actively participated in the scheme and have
conspired with each other and others to repeatedly violate state
lending statutes resulting in the collection of unlawful debt from
Plaintiffs and the members of the class, the lawsuit says.
SOAREN MANAGEMENT, LLC is a financial firm providing financial
products and services via proprietary underwriting and loan
management.[BN]
The Plaintiff is represented by:
Thomas Scott-Railton, Esq.
Matthew W.H. Wessler, Esq.
GUPTA WESSLER LLP
2001 K Street NW, Suite 850 North
Washington, DC 20001
Telephone: (202) 888-1741
Facsimile: (202) 888-7792
E-mail: thomas@guptawessler.com
matt@guptawessler.com
- and -
Kristi Cahoon Kelly, Esq.
Andrew J. Guzzo, Esq.
Matthew G. Rosendahl, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
E-mail: kkelly@kellyguzzo.com
aguzzo@kellyguzzo.com
matt@kellyguzzo.com
SOUTHWEST AIRLINES: Filing for Class Cert Bid Extended
------------------------------------------------------
In the class action lawsuit captioned as ARTHUR ANDERSON and MANUEL
RIVERA, Individually and as Representatives of a Class of Similarly
Situated Persons, v. SOUTHWEST AIRLINES CO., et al., Case No.
3:25-cv-00214-S (N.D. Tex.), the Hon. Judge Karen Gren Scholer
entered an order granting in part and denying in part the joint
motion to:
(1) extend the time for filing a class certification motion;
(2) extend the time for briefing the motion to dismiss; and
(3) stay discovery pending decision on the Defendants'
anticipated motion to dismiss.
The Court grants the Motion to the extent that the parties seek to
suspend the 90-day deadline to move for Class Certification under
Local Rule 23.2. That deadline is suspended.
The parties are ordered to propose a new deadline in a Joint Report
submitted pursuant to FRCP Rule 26(f) and Section III(A) of the
Court's Judge Specific Requirements before the FRCP Rule 26
Scheduling Conference, which will be set by separate order.
To the extent the parties request extended briefing deadlines on an
anticipated motion to dismiss that has not yet been filed and
request a stay of discovery pending resolution of that motion to
dismiss, the Court denies the Motion as premature and without
prejudice to its refiling once a motion to dismiss has indeed been
filed.
Southwest is a major airline in the United States that formerly
operated on a low-cost carrier model.
A copy of the Court's order dated March 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XZAvtI at no extra
charge.[CC]
SPROUTS FARMER'S: Butter Products Contain Toxic Cadmium, Hart Says
------------------------------------------------------------------
CARYN HART and AMANDA GLOVER, on behalf of themselves and all
others similarly situated v. SPROUTS FARMER'S MARKET, INC., Case
No. 3:25-cv-00792-BEN-MSB (S.D. Cal., April 2, 2025) alleges that
the Defendant misled consumers about the health benefits and
quality of butter products and failed to disclose that the Products
contain unsafe and unlawful levels of cadmium -- a known human
carcinogen that is linked to a myriad of health issues.
The Defendant manufactures, distributes, and sells a line of
sunflower butter products, including Sprouts Creamy Unsweetened
Sunflower Butter, Sprouts Organic Creamy Unsalted & Unsweetened
Sunflower Butter, and Sprouts Creamy Sunflower Butter.
The Defendant represents that the Products are safe for children
and consumers and made with non-toxic ingredients. Specifically,
the Defendant labels the Products with bright sunflowers and the
following statements: "School Friendly" and "Made in small batches
with roasted sunflower seeds."
The Products' labels further contain a long list of undesired items
that the Products boastfully do not contain, including "Non-GMO,"
"BPA Free," and "Free From" peanuts, tree-nuts, dairy, eggs, fish,
sesame, shellfish, wheat, and soy.
Accordingly, testing revealed that the Sprouts Organic Creamy
Unsalted & Unsweetened Sunflower Butter product tested positive for
26.56 micrograms of cadmium per serving and the Sprouts Creamy
Sunflower Butter product tested positive for 11.84 micrograms of
cadmium per serving. In California, products that test positive for
more than 4.1 micrograms of cadmium must display a Proposition 65
warning label. However, the Defendant fails to disclose the high
levels of cadmium in the Products thereby deceiving consumers. The
Defendant also makes protein claims on the front of the Product
labels, but fails to include the percent of daily value for protein
in the Nutrition Facts Panel, says the suit.[BN]
The Plaintiffs are represented by:
Lilach H. Klein, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: lilach@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
STAPLES CONTRACT: Class Cert. Filing in Felix Continued to June 2
-----------------------------------------------------------------
In the class action lawsuit captioned as JAVIER FELIX,
individually, and on behalf of other members of the general public
similarly situated, and as an aggrieved employee pursuant to the
Private Attorneys General Act ("PAGA"), v. STAPLES CONTRACT &
COMMERCIAL LLC, a Delaware limited liability company; and DOES 1
through 10, inclusive, Case No. 5:24-cv-01968-KK-SP (C.D. Cal.),
the Hon. Judge Kenly Kiya Kato entered an order continuing the
Plaintiff's deadline to file a motion for class certification from
April 16, 2025 to June 2, 2025.
No further extensions will be granted, says the Court.
Staples Contract specializes in providing office supplies,
furniture, and technology solutions to businesses.
A copy of the Court's order dated March 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KNjS4E at no extra
charge.[CC]
SYSTEM1 INC: Settlement Reached in Consumer Subscription Suit
-------------------------------------------------------------
System1, Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2024, filed with the Securities and Exchange
Commission on March 10, 2025, that in October 2023, a putative
California class action complaint was filed against the company
alleging violations of California's Auto Renewal Law requirements
related to the marketing and sale of its subscription service
offerings for anti-virus and ad-blocking software to consumers.
Parties reached a settlement agreement during September 2024 and
paid $2.5 million during December 2024.
The complaint alleges claims under California’s false advertising
and unfair competition laws and primarily alleges that the
marketing and sales checkout flows for software did not clearly and
conspicuously disclose that purchases would auto-renew after the
applicable promotional period.
SYSTEM1 operates an omnichannel customer acquisition platform using
its proprietary responsive acquisition marketing platform (RAMP)
through relationships with third party advertisers and advertising
networks.
TAPESTRY INC: Class Cert. Bid Filing in Ayala Due July 25
---------------------------------------------------------
In the class action lawsuit captioned as CARLOS AYALA, et al., v.
TAPESTRY, INC., et al., Case No. 3:24-cv-01052-BAS-DEB (S.D. Cal.),
the Hon. Judge Daniel Butcher entered an order granting the
parties' joint motion regarding class certification briefing
schedule.
The Motion for Class Certification is due July 25, 2025. The Court
issues the following briefing schedule for the class certification
motion:
(1) Defendants' opposition must be filed no later than Aug. 22,
2025; and
(2) The Plaintiffs' reply shall be filed no later than Sept.
19, 2025.
Tapestry is an American multinational fashion holding company.
A copy of the Court's order dated March 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3SPrF2 at no extra
charge.[CC]
TESLA INC: Hinton Suit Removed from State Court to C.D. Cal.
------------------------------------------------------------
The class action lawsuit captioned as NYREE HINTON, an individual
v. TESLA, INC., TESLA FINANCE LLC, and Does 1 through 100,
inclusive, Case No. 25STCV03746 (Filed Feb. 10, 2025) was removed
from the Superior Court of California for the County of Los Angeles
to the United States District Court for the Central District of
California on April 2, 2025.
The C.D. Cal. Court Clerk assigned Case No. 2:25-cv-02877 to the
proceedings.
The Plaintiff alleges he purchased a used 2020 Tesla Model Y from
an unrelated third-party in Georgia, and claims that he believes
Tesla has, among other things, designed an algorithm or other
software into his car which causes it to fraudulently record more
miles on the odometer than were actually driven. This allegedly
causes the various warranties of his vehicle and others to
prematurely terminate when they hit warranty mileage caps, thus
allowing Tesla to improperly deny warranty coverage for repairs
that would have been covered if the odometer had been correct, says
the Plaintiff.
The Plaintiff asserts various California contract and fraud-type
claims on behalf of a proposed California class. Defendants deny
all material allegations in the Complaint, deny the existence of
any such software, deny that class treatment is appropriate, and
deny they have harmed Plaintiff or any member of the putative
class or that they are entitled to any relief.
Tesla, Inc. is an American multinational automotive and clean
energy company.[BN]
The Plaintiff is represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: crodriguez@signletonschreiber.com
abluth@singletoscrheiber.com
jternieden@signletonscheiber.com
The Defendant is represented by:
Aengus H. Carr, Esq.
TESLA, INC.
3000 Hanover St.
Palo Alto, CA 94304
Telephone (650)-681-5000
E-mail: aecarr@tesla.com
TOWN AND COUNTRY BANK: Settlement Reached in Securities Suit
------------------------------------------------------------
HBT Financial, Inc. disclosed in its Form 10-K for the fiscal year
ended December 28, 2024, filed with the Securities and Exchange
Commission on March 7, 2025, Town and Country Bank reached an
agreement in principle to settle a purported class action lawsuit
filed in October 2023, in the Circuit Court of Sangamon County,
Illinois in which the it would make a one-time cash payment of $0.3
million, without admitting fault, to release the bank from further
liability and claims in the case.
The plaintiff, a customer of Town and Country Bank, which
previously merged with HBT, alleges that it breached its contract
with the plaintiff by charging overdraft fees for transactions that
were authorized on a positive account balance, but when settled,
settled into a negative balance.
A definitive settlement agreement reflecting the terms of the
agreement in principle was approved by the Court on July 9, 2024.
The Bank made the one-time cash payment of $0.3 million during the
third quarter of 2024.
HBT Financial, Inc. is headquartered in Bloomington, Illinois and
is the holding company for Heartland Bank and Trust Company. On
February 1, 2023, HBT Financial completed its acquisition of Town
and Country Financial Corporation, the holding company for Town and
Country Bank.
TRUECARE PROPERTY: Disclose Data Without Consent, Wright Alleges
----------------------------------------------------------------
AMY WRIGHT, individually and on behalf of all others similarly
situated, Plaintiff v. TRUECARE PROPERTY HOLDINGS, LLC, Defendants,
Case No. 3:25-cv-00786-JES-BLM (S.D. Cal., April 1, 2025) is a
class action against the Defendant for disclosing confidential
personally identifiable information and protected health
information to Meta Platforms, Inc., via a tracking pixel, Meta
Pixel, in violation of various common and statutory data privacy
laws.
According to the complaint, unbeknownst to the Plaintiff and Class
Members, the Defendant shares Website visitors' personal
information with Meta using a "Meta Pixel" which is a snippet of
programming code that, once installed on a webpage, sends
information to Meta.
The Defendant's practice of sharing consumers' Private Information
with Meta without their consent, and its failure to disclose this
practice, caused the Defendant to profit from advertising revenue
it would otherwise not have received, says the suit.
Truecare Group, Ltd. owns and operates a hospice. The Company
provides care for residents with learning disabilities, mental
health disorders, and complex emotional and behavioral needs. [BN]
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
Noah J. Larsh, Esq.
SWIGART LAW GROUP, APC
2221 Camino del Rio S, Ste 308
San Diego, CA 92108
Telephone: (866) 219-3343
Facsimile: (866) 219-8344
Email: Josh@SwigaiiLawGroup.com
Noah@SwigaiiLawGroup.com
- and -
Daniel G. Shay, Esq.
SHAY LEGAL, APC
2221 Camino del Rio S, Ste 308
San Diego, CA 92108
Telephone: (619) 222-7429
Email: Dan@ShayLegal.com
TRULIEVE HOLDINGS: Faces Class Suit Over THC Content in Edibles
---------------------------------------------------------------
Kelsey McCroskey, writing for ClassAction.org, reports that a
proposed class action lawsuit accuses Trulieve of marketing and
selling edible marijuana-infused products with tetrahydrocannabinol
(THC) levels that exceed legal limits in Arizona and Florida.
The 42-page lawsuit centers on Trulieve's sale of marijuana edibles
and edible marijuana oil products, including Rick Simpson oil and
full spectrum hash oil. According to the case, Trulieve's
dispensaries sell ingestible oil products under brand names such as
Roll One and Momenta, available in 300-milligram, 500-milligram,
1-gram and 2.5-gram syringes or "Dablicators." The lawsuit argues
that these products contain THC at levels well above the legally
allowed limit of 100 milligrams per package in Arizona and 200
milligrams per package in Florida.
Similarly, Trulieve's "macro dose" edibles -- sold under brands
such as JAMS Jellies, XBites, Tipsy Turtle and Brix -- contain THC
levels that exceed state-imposed per-package limits, the filing
contends.
The class action suit alleges that Trulieve misleadingly markets
its edible oil products as marijuana concentrates or extracts to
deceive regulators and duck the per-package THC caps for
marijuana-infused food items imposed by state law. Because
concentrates are not subject to any per-package THC limits, the
defendants have been able to sell "far more THC in a single Edible
package than is allowed by law," the complaint asserts.
Product listings on the Trulieve dispensary website characterize
the edible oils as concentrates, meaning it is "nearly impossible
for the average consumer to ascertain that the Edible Oils are
actually Edible products that should be sold in far smaller
quantities," the filing contends.
Likewise, Trulieve's gummies and other marijuana edibles are
falsely advertised as appropriately dosed and legally compliant,
the case claims.
"The listings do not in any way identify the products as being
subject to the limitations imposed upon Edibles, that they exceed
those limitations, or their status as unlawful marijuana products,"
the suit charges.
As a result, consumers are misled into believing the items are
legal and safe to use rather than improperly labeled edibles that
contain "up to 10 times" the lawful per-package limit for THC, the
Trulieve lawsuit alleges.
As the complaint tells it, standard packages of edibles typically
contain 100 milligrams of THC, divided into 10 or more servings.
"By contrast, a single 1-gram syringe of the Edible Oils [Trulieve]
sell[s] can contain as much THC as 10 standard Edible packages,"
the filing says. "In other words, 1 gram of Edible Oils can contain
as much THC as 100 standard servings of Edibles."
The case claims that Trulieve's deceptive conduct puts unwitting
customers at risk of THC overconsumption and legal action for the
possession of illegal products.
The lawsuit looks to represent all individuals who, within the
applicable statute of limitations period, purchased allegedly
illegal edibles from any Trulieve dispensary in Arizona, Florida or
other similarly situated states. [GN]
TRULIEVE HOLDINGS: Faces Class Suit Over THC Content in Edibles
---------------------------------------------------------------
Kelsey McCroskey, writing for ClassAction.org, reports that a
proposed class action lawsuit accuses Trulieve of marketing and
selling edible marijuana-infused products with tetrahydrocannabinol
(THC) levels that exceed legal limits in Arizona and Florida.
The 42-page lawsuit centers on Trulieve's sale of marijuana edibles
and edible marijuana oil products, including Rick Simpson oil and
full spectrum hash oil. According to the case, Trulieve's
dispensaries sell ingestible oil products under brand names such as
Roll One and Momenta, available in 300-milligram, 500-milligram,
1-gram and 2.5-gram syringes or "Dablicators." The lawsuit argues
that these products contain THC at levels well above the legally
allowed limit of 100 milligrams per package in Arizona and 200
milligrams per package in Florida.
Similarly, Trulieve's "macro dose" edibles -- sold under brands
such as JAMS Jellies, XBites, Tipsy Turtle and Brix -- contain THC
levels that exceed state-imposed per-package limits, the filing
contends.
The class action suit alleges that Trulieve misleadingly markets
its edible oil products as marijuana concentrates or extracts to
deceive regulators and duck the per-package THC caps for
marijuana-infused food items imposed by state law. Because
concentrates are not subject to any per-package THC limits, the
defendants have been able to sell "far more THC in a single Edible
package than is allowed by law," the complaint asserts.
Product listings on the Trulieve dispensary website characterize
the edible oils as concentrates, meaning it is "nearly impossible
for the average consumer to ascertain that the Edible Oils are
actually Edible products that should be sold in far smaller
quantities," the filing contends.
Likewise, Trulieve's gummies and other marijuana edibles are
falsely advertised as appropriately dosed and legally compliant,
the case claims.
"The listings do not in any way identify the products as being
subject to the limitations imposed upon Edibles, that they exceed
those limitations, or their status as unlawful marijuana products,"
the suit charges.
As a result, consumers are misled into believing the items are
legal and safe to use rather than improperly labeled edibles that
contain "up to 10 times" the lawful per-package limit for THC, the
Trulieve lawsuit alleges.
As the complaint tells it, standard packages of edibles typically
contain 100 milligrams of THC, divided into 10 or more servings.
"By contrast, a single 1-gram syringe of the Edible Oils [Trulieve]
sell[s] can contain as much THC as 10 standard Edible packages,"
the filing says. "In other words, 1 gram of Edible Oils can contain
as much THC as 100 standard servings of Edibles."
The case claims that Trulieve's deceptive conduct puts unwitting
customers at risk of THC overconsumption and legal action for the
possession of illegal products.
The lawsuit looks to represent all individuals who, within the
applicable statute of limitations period, purchased allegedly
illegal edibles from any Trulieve dispensary in Arizona, Florida or
other similarly situated states. [GN]
ULTA BEAUTY: Has Made Unsolicited Calls, El Sayed Suit Claims
-------------------------------------------------------------
ALIANA EL SAYED, individually and on behalf of all others similarly
situated, Plaintiff v. ULTA BEAUTY COSMETICS, LLC, Defendant, Case
No. 1:25-cv-03670 (N.D. Ill., April 4, 2025) seeks to stop the
Defendants' practice of making unsolicited calls under the
Telephone Consumer Protection Act.
Ulta Beauty, Inc. operates a chain of beauty stores. The Company
offers cosmetics, fragrance, skin, and hair care products, as well
as salon services. [BN]
The Plaintiff is represented by:
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Boulevard, Suite 120
Ft. Lauderdale, FL 33301
Telephone: (954) 533-4092
Email: MEisenband@Eisenbandlaw.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
UNIVERSAL MUSIC: Shah Sues Over Illegal Wiretapping
---------------------------------------------------
VISHAL SHAH; and CHRISTINE WILEY, individually and on behalf of all
others similarly situated, Plaintiff v. UNIVERSAL MUSIC GROUP,
INC., Defendant, Case No. 5:25-cv-03095-SVK (N.D. Cal., April 4,
2025) alleges violation of the California Invasion of Privacy Act.
According to the Plaintiffs in the complaint, the Defendant's
Websites caused the Plaintiffs and Class members' browsers to store
the Third Parties' cookies and to transmit those cookies alongside
Private Communications—including their browsing history, visit
history, website interactions, user input data, demographic
information, interests and preferences, shopping behaviors, device
information, referring URLs, session information, user identifiers,
and/or geolocation data—to the Third Parties without Plaintiffs'
and Class members' consent.
By configuring the Websites in this manner, the Defendant willfully
aided, agreed with, employed, permitted, or otherwise enabled the
Third Parties to wiretap Plaintiffs and Class members using the
Third Parties' cookies and to accomplish the wrongful conduct.
niversal Music Group, Inc. provides recorded music, music
publishing, and merchandising services. The Company develops,
manufactures, markets, sells, and distributes recorded music
through a network of subsidiaries, joint ventures, and licensees.
[BN]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Todd Kennedy, Esq.
Kali R. Backer, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
Email: seth@gutridesafier.com
marie@gutridesafier.com
todd@gutridesafier.com
kali@gutridesafier.com
UNIVERSITY OF PHOENIX: Dawson Sues Over Data Privacy Violations
---------------------------------------------------------------
JANIELLE DAWSON, individually and on behalf of all others similarly
situated, Plaintiff v. THE UNIVERSITY OF PHOENIX, INC., Defendant,
Case No. 1:25-cv-03497 (N.D. Ill., April 1, 2025) alleges violation
of the Video Privacy Protection Act, the Electronic Communications
and Privacy Act, and the Illinois Eavesdropping Act.
The Plaintiff alleges in the complaint that the Defendant is
engaged in the practice of integrating, installing and embedding
third-party tracking technology, including the tracking technology
of Meta Platforms, Inc., formerly known as Facebook, Inc.
("Facebook"), into phoenix.edu (the "Website") and thereby: (a)
knowingly disclosing to third parties its users' personally
identifiable information ("PII"), including their video-watching
behavior; and (b) allowing the third parties to intercept and
obtain users' federally-protected and confidential education
records.
The University of Phoenix Inc. offers degrees in both undergraduate
and graduate level curriculum. The University offers programs
including undergraduate degree programs in nursing and business as
well as Graduate degree programs in social sciences and natural
sciences. [BN]
The Plaintiff is represented by:
Scott R. Drury, Esq.
DRURY LEGAL, LLC
6 Carriage Lane
Highwood, IL 60040
Telephone: (312) 358-8225
Email: scott@drurylegal.com
- and -
Joshua D. Arisohn, Esq.
ARISOHN LLC
513 Eighth Avenue, #2
Brooklyn, NY 11215
Telephone: (646) 837-7150
Email: josh@arisohnllc.com
VIATRIS INC: Faces Securities Fraud Class Action Lawsuit
--------------------------------------------------------
Law Offices of Howard G. Smith announces that a class action
lawsuit has been filed on behalf of investors who purchased Viatris
Inc. ("Viatris" or the "Company") (NASDAQ: VTRS) securities between
August 8, 2024, to February 26, 2025, inclusive (the "Class
Period"). Viatris investors have until June 3, 2025 to file a lead
plaintiff motion.
What Happened?
On December 23, 2024, Viatris disclosed that "following an
inspection by the U.S. FDA" at the Company's manufacturing facility
in Indore "the Agency has issued a Warning Letter, and an Import
Alert related to this facility" which "affects 11 actively
distributed products that will no longer be accepted into the U.S.
until the Warning Letter is lifted."
Then, on February 27, 2025, Viatris released its fourth quarter and
full year 2024 financial results, reporting, among other things,
financial guidance metrics for fiscal year 2025 with "anticipated
negative impact from the Indore facility of ~$500 million to total
revenues and ~$385 million to adjusted EBITDA."
On this news, Viatris' stock price fell $1.71, or 15.2%, to close
at $9.53 per share on February 27, 2025, thereby injuring
investors.
What Is The Lawsuit About?
The complaint filed in this class action alleges that throughout
the Class Period, Defendants made materially false and/or
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants failed to disclose to investors
that: (1) Viatris' efforts to downplay the ramifications of the
Indore facility's failed FDA inspection fell short of reality; (2)
the impact to the Company's projected fiscal year 2025 finances
from the combination of the ongoing remediation efforts at the
facility, the inability for the facility to manufacture and ship
key products for the Company, particularly Lenalidomide, the
inability for Viatris to convince the FDA to expand the exempt list
to include such drugs, and an associated impact on shipments to
other regions from the Indore facility was significant and resulted
in much more than "a little bit" of a headwind; and (3) as a
result, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis at all relevant times.
Contact Us To Participate or Learn More:
If you purchased Viatris securities, have information or would like
to learn more about these claims, or have any questions concerning
this announcement or your rights or interests with respect to these
matters, please contact us:
Law Offices of Howard G. Smith,
3070 Bristol Pike, Suite 112,
Bensalem, Pennsylvania 19020,
Telephone: (215) 638-4847
Email: howardsmith@howardsmithlaw.com
Visit our website at: www.howardsmithlaw.com. [GN]
VIP PRO: Web Site Not Accessible to Blind Users, Wills Says
-----------------------------------------------------------
LAURENCE WILLS, individually and on behalf of all others similarly
situated, Plaintiff v. VIP PRO AUDIO, INC., Defendant, Case No.
1:25-cv-01844 (E.D.N.Y., April 3, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.vipproaudio.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
VIP Pro Audio Inc. offers electronic, audio, and lighting equipment
and services. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
WEBY CORP: Jones Suit Seeks Equal Website Access for the Blind
--------------------------------------------------------------
CLAY LEE JONES, individually and on behalf of all others similarly
situated, Plaintiff v. WEBY CORP., Defendant, Case No.
1:25-cv-02692 (S.D.N.Y., April 1, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.gritroutdoors.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Weby Corp. is an omni-channel retailer that strives to be the
personal gear outfitter of every shooter, sportsman, and outdoor
enthusiast. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
WINDSOR FASHIONS: Initial Case Order Entered in Petersen Suit
-------------------------------------------------------------
In the class action lawsuit captioned as AISHIA PETERSEN, v.
WINDSOR FASHIONS HOLDINGS, LLC, Case No. 6:25-cv-00469-JSS-DCI
(M.D. Fla.), the Hon. Judge Julien Sneed entered an initial case
order as follows:
The court screens every case to identify parties and interested
corporations in which any assigned judge may be a shareholder, as
well as for other matters that might require consideration of
recusal.
Accordingly, no later than 14 days from the date of this Order,
each party, pro se party, governmental party, intervenor, non-party
movant, and Rule 69 garnishee shall file the attached Disclosure
Statement and Certification as required under Local Rule 3.03. Any
party or entity that appears after the date of this Order must file
the Disclosure Statement within 14 days of appearance.
Under Local Rule 2.0l(b)(l)(G), all attorneys appearing before this
court are required to register for CM/ECF docketing within 14 days
of their entry of appearance in any action pending before this
court. Counsel are directed to the website located at
www.flmd.uscourts.gov under “CM/ECF” where they are to request
their password from the court. Pro se parties are exempt from the
electronic filing requirement.
Consent to Trial by Magistrate Judge: Under 28 U.S.C. § 636(c) and
Federal Rule of Civil Procedure 73, the parties may consent to have
the assigned United States Magistrate Judge conduct any and all
further proceedings in this case, including the trial (and can
provide a date certain for trial, unlike the District Court.). If
the parties wish to consent, they are directed to fill out the
attached Magistrate Consent Form and file the form with this court
Windsor Fashions retails women's apparels.
A copy of the Court's order dated March , 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=W3ECsO at no extra
charge.[CC]
XPONENTIAL FITNESS: Continues to Defend Federal Securities Suit
---------------------------------------------------------------
Xponential Fitness Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on March 14, 2025, that the Company
continues to defend itself from the federal securities class suit
in the United States District Court for the Central District of
California.
On February 9, 2024, a federal securities class action lawsuit was
filed against the Company and certain of the Company's officers in
the United States District Court for the Central District of
California. The complaint alleged, among other things, violations
of Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5
promulgated thereunder, regarding misstatements and/or omissions in
certain of the Company's financial statements, press releases, and
SEC filings made during the putative class period of July 26, 2021
through December 7, 2023.
On July 26, 2024, plaintiffs filed an amended complaint, adding
three Company directors as defendants, as well as the underwriters
from the Company's April 6, 2022 secondary offering, additionally
bringing claims under Sections 11, 12(a)(2), and 15 of the
Securities Act, and alleging a putative class period of July 23,
2021 through May 10, 2024.
It is possible that additional lawsuits will be filed, or
allegations received from stockholders, with respect to these same
or other matters and also naming the Company and/or its officers
and directors as defendants.
The Company intends to vigorously defend against these lawsuits,
but there can be no assurance that it will be successful in any
defense.
Xponential Fitness, Inc. is a holding company based in California.
XPONENTIAL FITNESS: McGill Class Suit Settlement for Court Approval
-------------------------------------------------------------------
Xponential Fitness Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on March 14, 2025, that the McGill class
suit settlement is subject to the approval of the United States
District Court for the Southern District of Ohio.
On November 22, 2023, former employees of a former franchisee of
the Company filed a putative class action complaint in the United
States District Court for the Southern District of Ohio, captioned
Shannon McGill et al. v. Xponential Fitness LLC, et al., Case No.
2:23-cv-03909, against the Company, as well as against a former
franchisee of the Company and the franchisee's legal entity, MD Pro
Fitness, LLC.
The complaint alleges violations of the Fair Labor Standards Act,
as well as employment laws from different states in connection with
the franchisee's owner-operated studio locations.
The Company was served with the complaint on December 4, 2023. On
December 17, 2024, as a result of mediation, the Company and the
plaintiffs agreed in principle to settle this matter.
The parties are negotiating the settlement agreement, which is
subject to court approval.
The Company recorded an accrual in anticipation of this settlement,
which is included in accrued expenses in the consolidated balance
sheet as of December 31, 2024.
Xponential Fitness, Inc. is a holding company based in California.
YAHOO INC: Baker Sues Over Unlawful Interception of Communications
------------------------------------------------------------------
Tyler Baker, individually and on behalf of all others similarly
situated v. YAHOO INC., Case No. 1:25-cv-02797 (S.D.N.Y., April 3,
2025), is brought against the Defendant's interception of the
contents of their communications with third parties through its
tracking technology and installation of a tracking device on each
of the websites they use across the internet in violation of New
York's General Business Law, California's Invasion of Privacy Act,
as well as other laws.
Yahoo's value was derived from the new forms of persistent,
user-based online tracking it developed through these acquisitions.
Specifically, in 2020--after Apple and Google announced they would
eventually phase out third-party cookies and Apple would restrict
the use of mobile identifiers--Yahoo released a new, unified way to
track users across platforms and devices.
This solution is called Yahoo ConnectID (formerly known as "Verizon
Media Connect ID"), built on Yahoo's Identity Graph. Rather than
relying on cookies or mobile identifiers, the Yahoo ConnectID is an
email-based persistent identifier. When a user logs in or provides
an email (a form of personally identifiable information ("PII")) to
an online service offered by Yahoo or one of its partners, Yahoo
intercepts and assigns a Yahoo ConnectID to that user based on
their email address.
Through Yahoo ConnectID--and complimentary products (described
briefly above)--Yahoo has been secretly harvesting and monetizing
directly identifiable user data from millions of U.S. residents
without their knowledge and consent. The Plaintiffs did not consent
to Yahoo intercepting their unique identifiers and other personal
data, assigning, and using unique identifiers to track him across
internet enabled services and devices, or intercepting and using
the contents of their private communications for profit, says the
complaint.
The Plaintiffs have several online accounts at sites that use
Yahoo's tracking technology.
Yahoo is a Delaware corporation with its principal place of
business located in New York City.[BN]
The Plaintiff is represented by:
Christian Levis, Esq.
Amanda Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
Fax: (914) 997-0035
Email: clevis@lowey.com
afiorilla@lowey.com
ZELIS HEALTHCARE: Danny Bachoua Sues Over Destructive Market
------------------------------------------------------------
Danny Bachoua Chiropractic, APC on behalf of itself and all others
similarly situated v. ZELIS HEALTHCARE, LLC, ZELIS CLAIMS INTEGRITY
LLC, ZELIS NETWORK SOLUTIONS, LLC, AETNA, INC., THE CIGNA GROUP,
ELEVANCE HEALTH, INC., and, HUMANA, INC., Case No. 3:25-cv-03031
(N.D. Cal., April 2, 2025), is brought as an antitrust action
brought to correct an illegal and destructive market distortion in
the private, commercial health insurance market. Like the combined
effect of a pestle and mortar, Zelis has collaborated with private
commercial health insurers and other payers, and at least one other
repricing competitor to crush the nation's private practice of
medicine.
Instead of retaining or bolstering the financial incentives to
motivate future medical practitioners to sustain the substantial
real and opportunity costs associated with deferring income until
after gaining the education, training, and other forms of
preparation necessary for a medical practitioner to provide
appropriate healthcare services, Zelis and its co-conspirators have
formed, worked to preserve, and successfully concealed until now a
conspiracy designed to suppress payments made to healthcare service
providers performing services on an out-of-network basis to the
greatest extent that their coordination can achieve.
This had the effect of permitting Zelis and its co-conspirators to
reap windfall profits on the backs of hardworking healthcare
professionals. The conspiracy at issue concerns the unlawful
agreement, communication, coordination, and information sharing
associated with collusively depressing and setting payments for
out-of network healthcare services, euphemistically known as
"repricing." Even if neutral sounding, such "repricing" is not
based on any pre payment, provider-payer negotiation, and goes only
one direction: down.
To remedy the economic harm caused by Zelis's and the Commercial
Payers' illegal and anticompetitive conduct, Plaintiff DBC – on
behalf of itself and a class of all others similarly situated –
brings this Section 1 Sherman Act action, says the complaint.
The Plaintiff is represented by:
Adam J. Zapala, Esq.
Elizabeth T. Castillo, Esq.
Christian S. Ruano, Esq.
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
Phone: (650) 697-6000
Fax: (650) 697-0577
Email: azapala@cpmlegal.com
ecastillo@cpmlegal.com
cruano@cpmlegal.com
ZR CONSULTING: Mott Files TCPA Suit in N.D. Georgia
---------------------------------------------------
A class action lawsuit has been filed against ZR Consulting, LLC.
The case is styled as William Mott, on behalf of himself and all
others similarly situated v. ZR Consulting, LLC, Case No.
2:25-cv-00081-SCJ (N.D. Ga., April 3, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
ZR Consulting -- https://z-rconsulting.com/ -- provides a wide
range of services for both steam and gas turbine-generator
systems.[BN]
The Plaintiff is represented by:
John A. Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Ste. 330
Alpharetta, GA 30009
Phone: (404) 855-3600
Email: tlove@loveconsumerlaw.com
ZWILLING J.A.: Rodriguez Removed from State Ct. to C.D. Cal.
------------------------------------------------------------
The class action lawsuit captioned as REBEKA RODRIGUEZ,
individually and on behalf of all others similarly situated,
Plaintiff v. ZWILLING J.A. HENCKELS, LLC, a Delaware company, d/b/a
WWW.ZWILLING.COM, Case No. Case No. 25STCV05246 (Filed Feb. 25,
2025) was removed from Los Angeles County Superior Court to the
United States District Court for the Central District Of California
on April 2, 2025.
The C.D. California Court Clerk assigned Case No. 2:25-cv-02862 to
the proceeding.[BN]
The Defendant is represented by:
Jocelyn M. Hoffman, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
2211 Michelson Drive, Suite 500
Irvine, CA 92612
Telephone: (949) 526-7906
Facsimile: (949) 526-7906
E-mail: jmhoffman@vorys.com
[^] Most Active Class Action Firms of 2024 Announced
----------------------------------------------------
Class Action Updates has published a two-part report featuring
"Most Active Class Action Firms of 2024," a resource list that
identifies 35 of the nation's busiest class action practices.
In the first part, CA Updates names 20 of the most active class
action law firms that represent plaintiffs. The Plaintiff firms
are:
* Berger Montague PC
* Bernstein Litowitz Berger & Grossmann LLP
* Bursor & Fisher, P.A.
* Gottlieb & Associates PLLC
* Hagens Berman Sobol Shapiro LLP
* Kopelowitz Ostrow P.A.
* Law Offices of Jibrael S. Hindi, PLLC
* Levi & Korsinsky, LLP
* Lockridge Grindal Nauen PLLP
* Lynch Carpenter LLP
* Milberg Coleman Bryson Phillips Grossman, PLLC
* Morgan & Morgan, P.A.
* Pomerantz LLP
* Robbins Geller Rudman & Dowd LLP
* The Rosen Law Firm, P.A.
* Scott+Scott Attorneys at Law LLP
* Shamis & Gentile, P.A.
* Siri & Glimstad LLP
* Stein Saks PLLC
* Stranch, Jennings & Garvey, PLLC
The report is available at https://urlcurt.com/u?l=YonmXb
CA Updates also lists down 15 of the busiest class action law firms
that assist defendants. The Defendant firms are:
* Baker & Hostetler LLP
* DLA Piper LLP (US)
* Duane Morris LLP
* Gibson, Dunn & Crutcher LLP
* Gordon Rees Scully Mansukhani LLP
* Greenberg Traurig, LLP
* King & Spalding LLP
* Kirkland & Ellis LLP
* Littler Mendelson P.C.
* Morgan, Lewis & Bockius, LLP
* O'Melveny & Myers LLP
* Orrick, Herrington & Sutcliffe LLP
* Paul, Weiss, Rifkind, Wharton & Garrison LLP
* Seyfarth Shaw LLP
* Sheppard Mullin Richter & Hampton LLP
The report is available at https://urlcurt.com/u?l=uGqapu
CA Updates posts every Monday. Subscribe to CA Updates to receive
the latest news from the class action industry. Visit
https://classactionupdates.substack.com for more information.
For comments and coverage suggestions, contact:
Yusef Siddiqui
Tel: (503) 915-9225
E-mail: yusef@beardgroup.com
Or
Christopher Patalinghug
Tel: (240) 629-3300
E-mail: tope@beardgroup.com
Founded in 1986, Beard Group, Inc., is a leading publisher of
business, law and finance books.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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are $25 each. For subscription information, contact
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