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C L A S S A C T I O N R E P O R T E R
Monday, August 18, 2025, Vol. 27, No. 164
Headlines
255-257 EAST: Kreisler Sues Over Unlawful Architectural Barriers
327 S. PLYMOUTH: Rios Sues Over Restaurant Staff's Unpaid Wages
3M COMPANY: Byrd Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Elfstrom Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: English Sues Over Exposure to Toxic Film-Forming Foams
ABERCROMBIE & FITCH: Rodriguez Suit Removed to S.D. California
AGRESERVES INC: Puga Suit Removed to E.D. California
AKRON BRASS COMPANY: Krebs Sues to Recover Compensation
ALLIANZ LIFE: Fails to Secure Personal Info, Lennon Says
AMAZON.COM INC: Bid for Class Cert Evidentiary Hearing Tossed
AMAZON.COM: Pinkerton Sues Over Disability-Based Harassment
AMERICAN WOODMARK: M&A Investigates Sale to MasterBrand Inc.
AMERICARE SYSTEMS: Lyon Labor Suit Seeks to Certify Class
ANNE ARUNDEL DERMATOLOGY: Butler Files Suit in D. Maryland
ANNE ARUNDEL DERMATOLOGY: Siddiqui Files Suit in N.D. Georgia
AUSTRALIA: Trial Commences in Suit Over Water Mismanagement
BEAUTY SYSTEMS: Edwards Files TCPA Suit in E.D. Texas
BIG ASS TANKS: Luna Sues to Recover Overtime Compensation
BLACKMORES LIMITED: Faces Class Action Lawsuit Over B6 Toxicity
BLACKSTONE MEDICAL: Jones Appeals Dismissal of TCPA Claims
BOOKING HOLDINGS: Dealine to Join Hotels' Suit Set August 29
BOWTECH INC: Diaz Sues Over Disgorgement of Profits
BRIEN CENTER: Faces Smith Suit Over Unprotected Personal Info
CAASTLE INC: Bennett Sues to Recover Wages and Benefits
CAFE OLYMPIA: Faces Ramales Wage-and-Hour Suit in S.D.N.Y.
CAMDEN COUNTY, NJ: Local 1014 Files Suit in N.J. Super. Ct.
CARVEL FRANCHISOR: Fernandez Sues Over Disability Discrimination
CCELL: B.Z. Files Bid for Transfer and Consolidation
CENTRAL BUCKS: Appeals Judgment and Attorney Fees & Cost Ruling
CENTRAL NETWORK: Rathjen Labor Suit Removed to N.D. Calif.
CERNER CORP: Winslow Sues Over Failures to Secure Information
CHARTER COMMUNICATIONS: Panameno Sues Over Labor Code Violation
CIERANT CORPORATION: McMiller Files Suit in D. Connecticut
CINTAS CORPORATION: McGovern's Bid for Reconsideration Tossed
COALINGA REGIONAL MEDICAL: Ramos Files Suit in Cal. Super. Ct.
COMCAST OF WILLOW GROVE: Golbeck Suit Removed to W.D. Washington
CONAGRA BRANDS: Wilson Suit Removed to C.D. California
CORKTOWN TAPHOUSE: Matta Sues Over Unpaid Overtime, Withheld Tips
CREDIT CONTROL: Must File Article 3 Jurisdiction Bid by August 29
CSX TRANSPORTATION: Loses Bid to Toss Rafferty's Termination Claim
CTO REALTY: Faces Securities Class Action Lawsuit in M.D. Fla.
CVI.CHE 105 INC: Ariza Sues Over Disability Discrimination
DEPLOYED SERVICES: Rodriguez Labor Suit Removed to S.D. Calif.
DEXTER-RUSSELL: Williams Sues Over Blind-Inaccessible Website
DMV PROTECTION: Fails to Pay Proper Wages, Rangels Alleges
DREAM TEAM: Watson Sues Over Unlawful Housing Discrimination
EL MONTE: Blanco Sues Over Unpaid Minimum, Overtime Wages
EMERSON'S SHOES: Website Inaccessible to the Blind, Pittman Says
EMIRATES: Farah Seeks to Modify Pretrial Scheduling Order
EXPRESS SCRIPTS: Elsalmi Sues Over Failure to Pay Overtime Wages
FASHION BRAND COMPANY: Lopez Sues Over Blind-Inaccessible Website
FERRELLGAS INC: Casarez Suit Removed to N.D. California
FERRELLGAS INC: Lyskoski Suit Removed to N.D. California
FINASTRA TECHNOLOGY: Fails to Secure Personal Info, Merideth Says
FINASTRA TECHNOLOGY: T.H. Sues Over Data Breach
FIVE MILL: Kreisler Sues Over Unlawful Architectural Barriers
FLIX ENTERTAINMENT: Faces Paicely Suit Over Bait-and-Switch Ads
FLORA 247 INC: Bowman Sues Over Blind-Inaccessible Website
FLYWIRE CORP: Faces Hickman Suit Over 37.36% Drop in Share Price
FORTUNE BRANDS: Jauregui Files Suit in Cal. Super. Ct.
FOURSQUARE LABS: Milito Balks at Postings' Undisclosed Wage Scale
FREEZING POINT: Magrans Sues Over Unpaid Wages, Retaliation
FUTURE HAPPENS: Pittman Sues Over Blind-Inaccessible Website
GEICO GENERAL: Nunez Sues Over Debt Collection Scheme
GENTRY MOUNTAIN: Thomas Sues Over Failure to Pay Overtime Wages
GEO GROUP: Loses Summary Judgment v. Gonzalez
GOOSE CREEK: McCaskill Sues Over Products' False Discount Ads
H&M FASHION: Daly Files TCPA Suit in S.D. Florida
HEALTHMARKETS INSURANCE: Carr Sues Over Unsolicited Text Messages
HELPING U HOMECARE: Faces Rose Suit Over Failure to Pay Overtime
HOPMONK TAVERN-SONOMA: Foster Files Suit in Cal. Super. Ct.
HUMANA INC: Carr Files TCPA Suit in W.D. Kentucky
HUNDREDS PREMIUM: I.P. Files Suit in S.D. California
JASON ADER: Barnes Suit Removed to D. Nebraska
JOHNSON & JOHNSON: Carefirst Seeks Leave to File Rely Under Seal
KIM KOVOL: Court Excludes Untimely Identified Witnesses
KIM KOVOL: Loses Bid for Summary Judgment v. Mary B.
KLAVIYO INC: Nguyen Sues Over Data Privacy Violations
KRISPY KREME: Campbell Sues Over Failure to Safeguard PII
LA PERLA DEL MAR: Perez Files Suit in Cal. Super. Ct.
LEADEC CORP: Simon Sues to Remedy Sex Discrimination
LEVEL 8 GROUP: Cole Suit Alleges Blind-Inaccessible Website
LEXYL TRAVEL: Canteenwalla Class Action Closed
LIBERTY MUTUAL: Bid to Exclude Expert's Opinions Tossed
LYTX INC: Must Pay Drivers $4.25M Over DriveCam Privacy Claims
MAHITA LLC: Evans Suit Alleges Blind-Inaccessible Website
MARIANNA F. HEETER: Bennett Sues Over ERISA Violations
MDL 2873: AFFF Products Can Cause Cancer, Seekins Suit Alleges
MDL 2873: AFFF Products Harmful to Human Health, White Suit Claims
MDL 2873: AFFF/TOG Products "Defective," Dhondt Suit Alleges
MDL 2873: Coomber Sues Over Firefighters' Exposure to PFAS
MDL 2873: Cross Sues Over Side Effects of Using AFFF/TOG Products
MDL 2873: Dominguez Sues Over AFFF Products' Risk to Human Health
MDL 2873: Exposed AFFF Products' Users to PFAS, Mosley Suit Says
MDL 2873: Exposed AFFF Products' Users to PFAS, Upchurch Alleges
MDL 2873: Exposed Firefighters to PFAS, Hill Suit Claims
MDL 2873: Exposed Firefighters to Toxic Products, Watson Suit Says
MDL 2873: Faces Allyn Suit Over AFFF Products' PFAS Exposure
MDL 2873: Faces Feiten Suit Over Exposure to Toxic Aqueous Foams
MDL 2873: Faces Myrant Suit Over AFFF/TOG Products' Design Defect
MDL 2873: Faces Pierce Suit Over Firefighters' Exposure to PFAS
MDL 2873: Faces Sanchez Suit Over AFFF Products' Toxic Elements
MDL 2873: Faces Trawick Suit Over AFFF Products' Harmful Effects
MDL 2873: Faces Wight Suit Over AFFF Products' Design Defect
MDL 2873: Green Sues Over Injury Sustained From AFFF/TOG Products
MDL 2873: Kelley Sues Over AFFF Products' Risk to Human Health
MDL 2873: Kielbasa Suit Claims PFAS Exposure From AFFF Products
MDL 2873: McDonald Sues Over AFFF Products' Harmful Effects
MDL 2873: McLean Sues Over Side Effects of Using AFFF Products
MDL 2873: Oglesby Sues Over Exposure to PFAS From AFFF/TOG Products
MDL 2873: Peters Sues Over Injury Sustained From AFFF/TOG Products
MDL 2873: Reed Suit Alleges Complications From AFFF Products
MDL 2873: Roof Sues Over Exposure to PFAS From AFFF Products
MDL 2873: Schunk Suit Claims PFAS Exposure From AFFF/TOG Products
MDL 2873: Smiley Suit Claims Toxic Exposure From AFFF/TOG Products
MDL 2873: Wear Sues Over Toxic Effects of AFFF/TOG Products
MDL 2873: Young Sues Over Exposure to PFAS From AFFF Products
MDL 3143: Court Issues Deposition Protocol in OpenAI Copyright Suit
MICHAELS STORES: Bid to Continue Class Hearing to Oct. 1 Tossed
MICROSOFT CORP: Court Issues Deposition Protocol in Basbanes Suit
MICROSOFT CORP: Deposition Protocol in NY Times, Daily News Cases
MR. COOPER: Cabezas' Implied Contract Breach Claim to Proceed
NASCAR ENTERPRISES: Warren Sues Over Data Breach
NATIONAL DISTRIBUTION: Epps Suit Remanded to San Bernardino Court
NATIONWIDE PROPERTY: Gonzalez Sues Over Breach of Contract
NBA PROPERTIES: Whalen Suit Transferred to S.D. New York
NESTLE WATERS: Patane Seeks More Time to File Class Cert Reply
NEVADA HEART: Response to Nguyen's Class Complaint Due on Aug. 25
NEW YORK, NY: Gould Class Action Referred to Magistrate Judge
NEWMONT CORP: Continues to Defend Karas Class Suit in Colorado
NYRSTAR US INC: Otero Sues to Recover Unpaid Wages
OCCIDENTAL COLLEGE: Carfora Suit Transferred to S.D. New York
OCEAN PSYCHOLOGICAL: Taylor Files Suit in Cal. Super. Ct.
OKLAHOMA: District Court Dismisses Prisoner Suit v. Rankin
OLIPHANT FINANCIAL: Defendant Must Face Arbitration Waiver Ruling
OMNI HOTELS: Court Grants Bid for Summary Judgment in Beaver Suit
ON TIME CAPITAL: Redick Files TCPA Suit in E.D. California
OPENAI INC: Court Issues Deposition Protocol in Authors Guild Suit
PACIFIC REGENT: Class Cert Bid Filing in Andrews Due March 9, 2026
PACKAGING CORPORATION: Artuso Pastry Sues Over Fix Prices
PACS GROUP: Menephee-Howard Suit Removed to E.D. California
PATROL SOLUTIONS: Sperber Files Suit in Cal. Super. Ct.
PREFERRED ELECTRIC: Graybar Electric Files Suit in N.Y. Sup. Ct.
PRESTIGE MAINTENANCE: Failed to Protect Personal Info, Ruiz Says
PRESTIGE MAINTENANCE: Hura Sues Over Failure to Safeguard PII
PRESTIGE MAINTENANCE: Moran Sues Over Data Breach
PUFFY LLC: Webb Sues Over Deceptive Business Practices
RAJEEV MAINI: Rodriguez Sues Over Misappropriation of Tips
RDB MANAGEMENT: White Files Suit in Cal. Super. Ct.
REFRESCO BEVERAGES: Remington Suit Removed to W.D. Washington
REILY FOODS: Tate Sues Over False and Misleading Packaging
SEEK NOW: Violates FLSA, McPherson Suit Says
SHOE CARNIVAL: Dalton Sues Over Blind-Inaccessible Website
SIMULATIONS PLUS: Rosen Law Probes Potential Securities Claims
SISTERS OF CHARITY: Jones Suit Removed to D. Colorado
SKOPOS FINANCIAL: Oregon Court Refuses to Dismiss Wilson TCPA Suit
SONDER HOLDINGS: Continues to Defend Duffaydar Securities Suit
SONDER HOLDINGS: Continues to Defend Porter Stockholder Class Suit
SOUTH GEORGIA CENTER: Hodge Sues Over Recent Cyberattack
SOUTHWEST AIRLINES: Continues to Defend Labor Class Suit in Calif.
SOUTHWEST AIRLINES: Continues to Defend Retirement Savings Suit
SPECTRUM BRANDS: Lopez Sues Over Blind-Inaccessible Website
SPRING ENERGY: Nock's TCPA Suit to be Transferred to Maryland
STAKE CENTER: Class Cert Bid Filing Extended to Sept. 2
STAKE CENTER: Hourly Utility Locator Class Wins Certification
SUGAR BEAR BROS: Trippett Sues Over Blind-Inaccessible Website
T-MOBILE USA: Ortiz Files Suit in Cal. Super. Ct.
TARGET CORPORATION: Serrano Suit Removed to C.D. California
TEA DATING ADVICE: Doe II Sues Over Failure to Secure PII
TEA DATING ADVICE: Doe Sues Over Catastrophic and Data Breaches
TESLA INC: Autopilot & FSD Capability Suit Awaits Oral Argument
TESLA INC: Bids for Lead Plaintiff Appointment Due October 3
TESLA INSURANCE: Mishandles Total Loss Claims, Magana Suit Says
TEXAS ALCOHOL: Nelson Sues Over Cyberattack and Data Breach
THANG BOTANICALS: Faces Mazzeo Class Suit Over 7-OH Tablets
THREATCO SOUTH: Faces Henry Suit Over Blind-Inaccessible Website
TRAIL PLAZA: Isaacson Sues Over Discriminatory Barriers
TRIPLE CANOPY: Jackson Sues Over Unlawfully Failed to Pay Wages
UNITED STATES: Federal Judge Blocks Ban on Birthright Citizenship
UNITED STATES: James Files Bid for Class Certification
VENTURE GLOBAL: Labaton Is Lead Counsel in Securities Fraud Case
VETERANS SECURITY: Kofa Seeks to Recover OT Wages Under FLSA
VIVID SEATS: Tracks Website Users Interaction, Janiga Alleges
WATERMARK RETIREMENT: Court Grants Final OK on DeCarlo Settlement
WHITESTONE HOME: Douglass Seeks Approval of Class Settlement Deal
WINDGATE RANCH: Engle Suit Removed to D. Nebraska
XIAODI HOU: Court Grants $11.7MM Legal Fee Award in Settlement
ZURU LLC: Garcia Files Suit Over Slack-Fill Scam
ZYNEX INC: Continues to Defend Tuncel Securities Fraud Class Suit
*********
255-257 EAST: Kreisler Sues Over Unlawful Architectural Barriers
----------------------------------------------------------------
Todd Kreisler, individually and on behalf of all others similarly
situated v. 255-257 EAST 61ST STREET, LLC and 2ND AVE FRESH FOOD
CORNER INC., Case No. 1:25-cv-06238 (S.D.N.Y., July 29, 2025), is
brought for violations of Title III of the Americans with
Disabilities Act (hereinafter "ADA"), New York State Civil Rights
Law, New York State Human Rights Law and New York City Human Rights
Law as a result of the Defendants' unlawful architectural
barriers.
Despite the unequivocal mandate of the ADA which has been in place
for more than 3 decades, Defendants have elected to disregard their
legal obligation to remove existing unlawful architectural barriers
at its public accommodation. This deliberate indifference
constitutes an ongoing policy and practice that systemically denies
Plaintiff, and all other individuals who use wheelchairs or
scooters due to disabilities, equal access to and full enjoyment of
Defendants' facilities. As a result, Plaintiff and similarly
situated individuals are unjustly excluded from the benefits,
privileges, and services that the public accommodation is required
to provide under the law, says the complaint.
The Plaintiff is substantially limited in walking and uses a
motorized wheelchair for mobility.
255-257 East 61st Street LLC owns or leases the commercial property
which houses the public accommodation.[BN]
The Plaintiff is represented by:
James E. Bahamonde, Esq.
LAW OFFICES OF JAMES E. BAHAMONDE, P.C.
Phone: (646) 290-8258
Fax: (646) 435-4376
Email: James@CivilRightsNY.com
327 S. PLYMOUTH: Rios Sues Over Restaurant Staff's Unpaid Wages
---------------------------------------------------------------
BENITO RIOS and MARIA JOSE AYUI, on behalf of themselves and all
other laborers similarly situated, known and unknown, Plaintiffs v.
327 S. PLYMOUTH CT LLC d/b/a Pancho's Rooftop Cantina, Defendant,
Case No. 1:25-cv-08967 (N.D. Ill., July 30, 2025) arises from
Defendant's alleged violations of the Fair Labor Standards Act, the
Illinois Minimum Wage Law, the Illinois Wage Payment and Collection
Act, and the Chicago Minimum Wage Ordinance.
The suit is brought for Defendant's: 1) failure to pay its
employees at time and a half their mandated regular rate of pay for
each hour worked in excess of 40 per week; 2) failure to pay its
employees the Illinois and Chicago-mandated minimum wage for all
time worked; and 3) practice of making unlawful deductions from its
employees.
Plaintiff Rios has been employed by Defendant as a cook since
approximately 2013 through the present.
Plaintiff Ayui was employed by Defendant for a few work weeks in
the fall of 2024 and then again from mid-April 2025 through the
present as a food preparer.
327 S. PLYMOUTH CT LLC operates a rooftop restaurant in downtown
Chicago, Illinois doing business as Pancho's Rooftop Cantina.[BN]
The Plaintiffs are represented by:
Alvar Ayala, Esq.
FARMWORKER AND LANDSCAPER ADVOCACY PROJECT
77 West Washington, Suite 1100
Chicago, IL 60402
Telephone: (224) 522-3178
E-mail: aayala@flapillinois.org
- and -
Christopher J. Williams, Esq.
WORKERS' LAW OFFICE
1341 W. Fullerton Ave, Suite 147
Chicago, IL 60614
Telephone: (312) 945-8737
E-mail: cwilliams@workers-law-office.com
3M COMPANY: Byrd Sues Over Exposure to Toxic Aqueous Foams
----------------------------------------------------------
Richard Byrd, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Case No.
2:25-cv-06895-RMG (D.S.C., July 9, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
thyroid disease as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-761-0467
3M COMPANY: Elfstrom Sues Over Exposure to Toxic Chemicals & Foams
------------------------------------------------------------------
Robert Elfstrom, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Case No.
2:25-cv-06899-RMG (D.S.C., July 9, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
kidney cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-761-0467
3M COMPANY: English Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
William English, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Case No.
2:25-cv-06893-RMG (D.S.C., July 9, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
testicular cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-761-0467
ABERCROMBIE & FITCH: Rodriguez Suit Removed to S.D. California
--------------------------------------------------------------
The case captioned as Rebeka Rodriguez, individually and on behalf
of all others similarly situated v. ABERCROMBIE & FITCH TRADING
CO., an Ohio Corporation, d/b/a WWW.HOLLISTER.COM,, Case No.
BCV-25-100769 was removed from the Superior Court of the State of
California, County of San Diego, to the United States District
Court for Southern District of California on July 25, 2025, and
assigned Case No. 3:25-cv-01890-JES-DEB.
The Plaintiff asserts two claims under: the False Advertising Law
(Cal. Bus. & Prof. Code Section 17501 "FAL"); and the Consumers
Legal Remedies Act (Cal. Civ. Code Section 1750, et seq.;
"CLRA").[BN]
The Defendants are represented by:
Adil M. Khan, Esq.
John Richards, Esq.
Tonya Esposito, Esq.
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, CA 90067-2121
Phone: 310.586.7700
Facsimile: 310.586.7800
Email: Adil.Khan@gtlaw.com
John.Richards@gtlaw.com
Tonya.Esposito@gtlaw.com
- and -
Brian C. Gee, Esq.
GREENBERG TRAURIG, LLP
1900 University Avenue, 5th Floor
East Palo Alto, CA 94303
Phone: 650.328.8500
Facsimile: 650.328.8508
Email: geeb@gtlaw.com
AGRESERVES INC: Puga Suit Removed to E.D. California
----------------------------------------------------
The case captioned as Armando Puga, as an Individual and on behalf
of all others similarly situated v. AGRESERVES, INC., SOUTH VALLEY
FARMS, and DOES 1 through 50, inclusive, Case No. BCV-25-100769 was
removed from the Superior Court of the State of California, County
of Kern, to the United States District Court for Eastern District
of California on July 25, 2025, and assigned Case No.
1:25-cv-00909-CDB.
As for Plaintiff individual claims, he seeks damages for the
following causes of action: failure to reimburse business expenses;
unlawful discrimination; unlawful retaliation; wrongful termination
in violation of public policy; failure to accommodate; failure to
engage in the interactive process; failure to provide workers'
compensation coverage; failure to allow medical leave under the
California Family Rights Act.[BN]
The Defendants are represented by:
Richard D. Marca, Esq.
Alisha L. Maline, Esq.
Elia M. Vazquez, Esq.
VARNER & BRANDT LLP
3750 University Ave., Suite 610
Riverside, CA 92501
Phone: (951) 274-7777
Facsimile: (951) 274-7770
Email: Richard.Marca@varnerbrandt.com
Alisha.Maline@varnerbrandt.com
Elia.Vazquez@varnerbrandt.com
AKRON BRASS COMPANY: Krebs Sues to Recover Compensation
-------------------------------------------------------
Timothy J. Krebs, individually and on behalf of all others
similarly situated v. AKRON BRASS COMPANY, Case No. 5:25-cv-01583
(N.D. Ohio, July 29, 2025), is brought to recover compensation,
liquidated damages, attorneys' fees and costs, and other equitable
relief pursuant to the Fair Labor Standard Act of 1939 ("FLSA"),
the Ohio Minimum Fair Wage Standards Act (the "Ohio Wage Act"), the
Ohio Prompt Pay Act ("OPPA"), (the Ohio Wage Act and the OPPA will
be collectively referred to as the "Ohio Acts").
The Plaintiff and those similarly situated are current and former
employees of Defendant who did not receive one and a half times
their regular rate for all hours worked over 40 in a workweek.
(hereafter, "Putative Plaintiffs"). Under the FLSA and the Ohio
Wage Acts, Defendant was required to pay for all hours Putative
Plaintiffs worked and pay them 150% of their regular rate for all
hours worked over 40 in a workweek. By willfully failing to
compensate Named Plaintiff and Putative Plaintiffs who performed
pre-shift and post-shift work, Defendant violated the FLSA and the
Ohio Acts, says the complaint.
The Plaintiff was employed by Defendant as a Core Maker from May
2016 until July 2023.
Akron Brass Company is a foreign corporation registered to do
business in the state of Ohio.[BN]
The Plaintiff is represented by:
Robert E. DeRose, Esq.
Anna R. Caplan, Esq.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Phone: (614) 221-4221
Facsimile: (614) 744-2300
Email: bderose@barkanmeizlish.com
acaplan@barkanmeizlish.com
ALLIANZ LIFE: Fails to Secure Personal Info, Lennon Says
--------------------------------------------------------
SHEILA LENNON, individually and on behalf herself, and all others
similarly situated v. ALLIANZ LIFE INSURANCE COMPANY OF NORTH
AMERICA, a Minnesota corporation, Case No. 0:25-cv-03139 (D. Minn.,
Aug. 6, 2025) is a class action lawsuit on behalf of all persons
who entrusted the Defendant with sensitive Personally Identifiable
Information1 (PII) that was impacted in a data breach that
Defendant publicly disclosed in July 2025.
The Plaintiff's claims arise from Defendant's failure to properly
secure and safeguard Private Information that was entrusted to it,
and its accompanying responsibility to store and transfer that
information.
Accordingly, the Defendant had numerous statutory, regulatory,
contractual, and common law duties and obligations, including those
based on their affirmative representations to Plaintiff and Class
Members, to keep their Private Information confidential, safe,
secure, and protected from unauthorized disclosure or access.
On July 16, 2025, an unauthorized third party gained access to
Defendant’s cloud-based CRM system. In response, the Defendant
launched an investigation to determine the nature and scope of the
Data Breach.
On July 26, 2025, the Defendant publicly reported the Data Breach
to the Office of the Maine Attorney General.4 7. Upon information
and belief, the following types of Private Information were
impacted as a result of the Data Breach: full names, Social
Security numbers, policy and contract numbers, dates of birth,
mailing addresses, phone numbers, and mail addresses.
The Defendant failed to take precautions designed to keep
individuals' Private Information secure. The Defendant owed
Plaintiff and Class Members a duty to take all reasonable and
necessary measures to keep the Private Information collected safe
and secure from unauthorized access.
The Defendant is an insurance company that provides a comprehensive
range of insurance products and services and annuities to its
clients. [BN]
The Plaintiff is represented by:
Bryan L. Bleichner, Esq.
Christopher P. Renz, Esq.
Philip Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Ave South, Suite 1700
Minneapolis MN 55401-2138
Telephone: (612) 339-7300
E-mail: bbleichner@chestnutcambronne.com
crenz@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
AMAZON.COM INC: Bid for Class Cert Evidentiary Hearing Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as ELIZABETH DE COSTER et
al., on behalf of themselves and all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:21-cv-00693-JHC (W.D. Wash.), the Hon. Judge John H. Chun entered
an order denying the Defendant's motion requesting an evidentiary
hearing on class certification.
Amazon.com is an online retailer that offers a wide range of
products.
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KFoVpY at no extra
charge.[CC]
AMAZON.COM: Pinkerton Sues Over Disability-Based Harassment
-----------------------------------------------------------
Kevin Pinkerton, and on behalf of other similarly situated v.
Amazon.com Services, LLC, Case No. 1:25-cv-08823 (N.D. July 29,
2025), is brought seeking redress for Defendant's discrimination on
the basis of Plaintiff's disability, Defendant's failure to
accommodate Plaintiff's disability, Defendant's disability-based
harassment, and Defendant's retaliation against Plaintiff for
engaging in a protected activity under the ADA.
Specifically, Plaintiff is diagnosed with borderline personality
disorder (BPD), Post-Traumatic Stress Disorder (PTSD), anxiety,
depression, and Attention-Deficit/Hyperactivity Disorder (ADHD).
These limitations are mitigated when Plaintiff is allowed to take
brief breaks to reset and manage his symptoms. Regardless of
Plaintiff's disability, he was able to perform the essential
functions of his job with or without reasonable accommodations.
On March 6, 2025, after realizing during the course of his
employment that he was entitled to support for his conditions,
Plaintiff affirmatively informed Defendant's Human Resources (HR)
department that he suffered from mental disabilities and was
seeking accommodations, thereby engaging in protected activity. On
March 21, 2025, Plaintiff formally initiated the accommodations
process by requesting an extra break during his shifts to help
manage his mental health symptoms.
HR confirmed that the request would not be an issue, provided
Plaintiff submitted the necessary medical documentation by May 13,
2025. On May 2, 2025, Plaintiff requested an extension of the May
13, 2025 deadline because his therapist's earliest availability to
complete the paperwork was May 15, 2025. The Defendant approved
this extension.
Despite these efforts, on May 22, 2025, Defendant claimed that it
had not received the paperwork from Plaintiff's therapist and
extended the submission deadline to May 31, 2025. Plaintiff,
relying on this extension and in good faith, expected that the
accommodation process was still ongoing and that his paperwork
would be properly processed.
Without warning, on May 28, 2025, merely three days before the
revised deadline initiated and determined by Defendant, Plaintiff
was unlawfully terminated. The Defendant's actions demonstrate a
failure to engage in the interactive process in good faith and
failure to provide the reasonable accommodation of an additional
break despite receiving timely notice and medical support for the
request, says the complaint.
The Plaintiff worked for Defendant as a Seasonal Fulfillment
Associate from November 2024 until his unlawful termination on May
28, 2025.
The Defendant is a limited liability company that specializes in e
commerce services.[BN]
The Plaintiff is represented by:
Yasmeen Elagha, Esq.
Mohammed Badwan, Esq. (Lead)
SULAIMAN LAW GROUP, LTD.
2500 South Highland Ave., Suite 200
Lombard, IL 60148
Phone (331) 272-1945
Email: yelagha@sulaimanlaw.com
AMERICAN WOODMARK: M&A Investigates Sale to MasterBrand Inc.
------------------------------------------------------------
Class Action Attorney Juan Monteverde with Monteverde & Associates
PC (the "M&A Class Action Firm"), has recovered millions of dollars
for shareholders and is recognized as a Top 50 Firm in the 2024 ISS
Securities Class Action Services Report. The firm is headquartered
at the Empire State Building in New York City and is investigating
American Woodmark Corporation (NASDAQ: AMWD) related to its sale to
MasterBrand, Inc. Under the terms of the proposed transaction, each
share of American common stock will be exchanged for 5.150 shares
of MasterBrand common stock. Is it a fair deal?
Click here for more info
https://monteverdelaw.com/case/american-woodmark-corporation/. It
is free and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE EQUAL. Before you hire a law firm, you should
talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders…and
we do it from our offices in the Empire State Building. We are a
national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No one is above the law. If you own common stock in the above
listed company and have concerns or wish to obtain additional
information free of charge, please visit our website or contact
Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
Tel: (212) 971-1341
E-mail: jmonteverde@monteverdelaw.com [GN]
AMERICARE SYSTEMS: Lyon Labor Suit Seeks to Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as MICHELLE LYON, HELEN
ANTONIO, and ANDREA BROWN, on behalf of themselves and all others
similarly situated, v. AMERICARE SYSTEMS, INC. d/b/a Americare
Senior Living, Case No. 6:24-cv-03207-BP (W.D. Mo.), the Plaintiffs
ask the Court to enter an order certifying the following class
under the Missouri Minimum Wage Law:
"All persons who worked at an Americare facility in Missouri
through ShiftKey, LLC and worked more than 40 hours in a
workweek from three years prior to the filing of the Complaint
through the present."
Additionally, Plaintiffs Antonio and Brown move to designate
themselves as the class representatives, and the law firms of
Stueve Siegel Hanson LLP and The Law Office of Tom Wagstaff JR,
LLC, as Class Counsel.
Americare provides senior living communities.
A copy of the Plaintiffs' motion dated July 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ARMT22 at no extra
charge.[CC]
The Plaintiffs are represented by:
George A. Hanson, Esq.
Alexander T. Ricke, Esq.
Stephen D. Ahal, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: hanson@stuevesiegel.com
ricke@stuevesiegel.com
ahal@stuevesiegel.com
- and -
Tom Wagstaff Jr., Esq.
Taylor Myers, Esq.
LAW OFFICE OF TOM WAGSTAFF JR, LLC
6811 Shawnee Mission Pkwy, Suite 314
Overland Park, KS 66202
Telephone: (816) 708-0524
Facsimile: (816) 708-0561
E-mail: tom@thewagstafflawfirm.com
taylor@thewagstafflawfirm.com
ANNE ARUNDEL DERMATOLOGY: Butler Files Suit in D. Maryland
----------------------------------------------------------
A class action lawsuit has been filed against Anne Arundel
Dermatology, P.A. The case is styled as Annette Butler, on behalf
of herself and all others similarly situated v. Anne Arundel
Dermatology, P.A., Case No. 1:25-cv-02459 (D. Md., July 25, 2025).
The nature of suit is stated as Other P.I. for Class Action
Fairness Act.
Anne Arundel Dermatology -- https://aadermatology.com/ -- is
committed to providing exceptional dermatologic care throughout the
Mid-Atlantic and Southeastern regions.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: Gary@lcllp.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
1200 17th Street, NW, Suite 600
Washington, DC 20036
Phone: (516) 477-8339
Fax: (202) 540-7201
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, 14th Floor
New York, NY 10004
Phone: (646) 357-1100
Fax: (212) 202-4322
Email: snathan@hausfeld.com
ANNE ARUNDEL DERMATOLOGY: Siddiqui Files Suit in N.D. Georgia
-------------------------------------------------------------
A class action lawsuit has been filed against Anne Arundel
Dermatology, PA. The case is styled as Rubina Siddiqui, Jennifer
Longwell, individually and on behalf of all others similarly
situated v. Anne Arundel Dermatology, PA., Case No.
1:25-cv-04197-MHC (N.D. Ga., July 29, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Anne Arundel Dermatology -- https://aadermatology.com/ -- is
committed to providing exceptional dermatologic care throughout the
Mid-Atlantic and Southeastern regions.[BN]
The Plaintiff is represented by:
Andre Robert Belanger, Esq.
POULIN WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Phone: (803) 222-2222
Email: andre.belanger@poulinwilley.com
AUSTRALIA: Trial Commences in Suit Over Water Mismanagement
-----------------------------------------------------------
Emily Doak of ABC News reports a class action launched by
irrigators against the Murray-Darling Basin Authority (MDBA) has
laid out allegations that the authority mismanaged the water
resource and did not follow its own guidelines.
An eight-week hearing in the New South Wales Supreme Court began
August 11 and will examine the claim that the MDBA breached a duty
of care to irrigators, reducing the water available for
agriculture.
The action has been brought on behalf of 28,000 irrigators from the
central Murray region of southern NSW and the Goulburn Murray
region of northern Victoria.
The case centres around "overbank" flooding at the Barmah Choke, a
narrow section of the Murray River between Tocumwal and Deniliquin,
during the 2017/18 and 2018/19 water years.
The plaintiffs allege the MDBA decided to transfer river flows
exceeding the choke's capacity by opening regulators to flood the
Barmah Millewa redgum forest, with the water eventually flowing
back into the river downstream.
In his opening statement, counsel for the plaintiffs Tony Bannon SC
told the court that transferring water this way was a "blunt and
inefficient instrument".
He said the MDBA failed to follow its own procedures.
"It was not reasonable, not reasonably required and contrary to
their own operating parameters, guidelines and assessment at the
time," he told the court.
The plaintiffs argue it caused lower water allocations for
irrigators, resulting in a significant loss of profits, higher
temporary water prices and meant that some farmers could not meet
supply contracts.
Counsel for the MDBA is yet to present its opening arguments, but
the authority has denied the allegations in court documents.
Irrigators head to city
About a dozen irrigators travelled to Sydney to be in court.
Southern Riverina Irrigators chief executive Sophie Baldwin said it
was good to see the matter come before the court, after it was
first lodged in 2019.
"I hope that it gives the people around us, the irrigators at home
both in northern Victoria and New South Wales, the hope that there
can be some resolution and we can stop this waste of water in the
future," she said.
"It's not about money, it's about managing our water resources
better and protecting the staple food production for our country."
Moulamein farmer Darcy Hare said he hoped the case would shine a
light on water management to ensure that every megalitre of water
was used efficiently.
"I think it's up to about $1.5 billion in claimed losses over the
two years, so I think it's incredibly significant financially, and
it's imperative to make sure that something like this doesn't
happen ever again," he said.
NSW Murray MP Helen Dalton said the case could have wide
implications for water management in the future.
"The government needs to listen to farmers and rural communities
when they are making some of the rules around water management,"
she said.
"The MDBA have been absolutely unaccountable and lack transparency,
and someone needs to hold them to account, and if the federal
government won't do it, then the courts will now." [GN]
BEAUTY SYSTEMS: Edwards Files TCPA Suit in E.D. Texas
-----------------------------------------------------
A class action lawsuit has been filed against Beauty Systems Group
LLC. The case is styled as Audra Edwards, individually and on
behalf of all others similarly situated v. Beauty Systems Group LLC
doing business as: CosmoProf, Case No. 4:25-cv-00799 (E.D. Tex.,
July 25, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Beauty Systems Group LLC doing business as CosmoProf --
https://www.cosmoprofbeauty.com/ -- is a wholesale distributor of
salon brands to licensed beauty professionals only.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
BIG ASS TANKS: Luna Sues to Recover Overtime Compensation
---------------------------------------------------------
Jose Luna, individually and on behalf of all others similarly
situated v. BIG ASS TANKS, LLC, Case No. 1:25-cv-01177 (W.D. Tex.,
July 29, 2025), is brought to recover overtime compensation from
their current and former employer the Defendant.
The Defendant has been involved in the business of providing
oilfield services in New Mexico and other state(s) over the last
three years. Defendant employs workers to help perform non-exempt
oilfield services ("Oilfield Workers"), but fails to provide them
proper overtime pay. The Plaintiff files this class action lawsuit
pursuant to the FLSA. The Plaintiff routinely worked over 40 hours
per week. In fact, he was often required to work in excess of 80
hours in weeks covered by this lawsuit and for Defendants. However,
he was not paid overtime for doing so. The Defendant knew that
Plaintiff worked in excess of 40 hours per week and they allowed
and directed him to do so, says the complaint.
The Plaintiff is a frontline worker who was paid on an hourly basis
and were known as Operators.
The Defendant is a business specializing in custom metal
fabrication outfitted to service industrial and oilfield
applications and does business through Texas, New Mexico, and the
United States.[BN]
The Plaintiff is represented by:
Matthew R. McCarley, Esq.
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
11300 N Central Expy, Suite 550
Dallas, TX 75243
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: mccarley@foresterhaynie.com
cqualls@foresterhaynie.com
Web: www.foresterhaynie.com
BLACKMORES LIMITED: Faces Class Action Lawsuit Over B6 Toxicity
---------------------------------------------------------------
Jennifer Bechwati of 7NEWS reports that a proposed class action
against Blackmores has revealed the potentially devastating effects
of vitamin B6 toxicity -- with growing concern around pregnant
women unknowingly consuming dangerous levels.
More than 1000 Australians have contacted lawyers about
neurological symptoms they believe are linked to excessive B6 in
over-the-counter supplements, many marketed as safe multivitamins
or magnesium blends.
Among them is 33-year-old Dominic Noonan O'Keefe, a father from
Victoria, who started taking supplements to prepare for the arrival
of his baby daughter.
"The main motivation was my daughter's coming. I want to be as
ready as possible for that period," he said.
He says what followed was months of escalating, unexplained
symptoms including nerve pain, loss of balance, visual issues and
overwhelming fatigue.
"I remember standing at my desk and I had this electric shock of
nerve pain shoot up in my scalp. Everything became overwhelming. I
couldn't deal with it. The light was too bright. The noises were
too loud . . . I thought I was having an aneurysm or something . .
. I thought I was dying"
Dominic continued to deteriorate over several months as specialists
searched for answers, but routine tests failed to check his B6
levels. The turning point came not from the medical system, but a
family barbecue.
"My whole family knew I was incredibly unwell . . . I just said,
'Oh, my arms are just so numb and they feel like they're vibrating.
. .' and [my stepsister] stopped for a second, she's like, 'Are you
taking any supplements?' he said.
"She flipped me some peer-reviewed literature . . . and immediately
I knew what was going on.
"The next day I got a blood test and my results were double what
they needed to be for peripheral neuropathy, which is just
shorthand for nerve damage."
Polaris principal lawyer Nick Mann is leading the proposed class
action against Blackmores. He says the firm has now received more
than 20 inquiries from women who were pregnant or breastfeeding
while taking B6-containing supplements.
"You could be taking a pregnancy multivitamin and a magnesium
supplement combined. You could have 50, 60 times the recommended
daily intake of B6."
"To date, we've also received about 20 inquiries from women who
were taking multivitamins while pregnant or breastfeeding. That's
something that we're investigating."
Mann believes this is just the beginning of what could be a much
larger health issue, driven by regulatory gaps and marketing
practices within the supplement industry.
"What we've since discovered is that there are thousands of
Australians out there who are likely to have been affected by
this," Mann said.
While most people associate vitamin supplements with health
benefits, B6 -- also known as pyridoxine -- can accumulate in the
body over time, particularly if consumed through multiple sources.
"One of the things that I think the companies haven't well
understood or appreciated is that you could be taking a few
different supplements at the same time . . . you could be taking 50
times the recommended daily intake of B6," he said.
"We are yet to see any convincing evidence that it needs to be in
these supplement. You can go down to your local chemist and find an
almost identical product which contains magnesium as the primary
supplement sitting next to one that contains 30 to 40 times the
recommended daily intake of B6."
A spokesperson for Blackmores has told 7NEWS it's committed to the
"highest standards of product quality and consumer safety".
"All our products, including those containing vitamin B6, are
developed in strict accordance with the safety and regulatory
requirements of the Therapeutic Goods Administration (TGA).
"This includes compliance with maximum permitted daily doses and
the inclusion of mandated warning statements on product labels. We
acknowledge the interim decision issued by the TGA and we will
ensure full compliance with its final determination, prioritising
the safety of our products.
"Vitamin B6 is in a range of products within the vitamins and
dietary supplement industry and its inclusion in some Blackmores
products is consistent with industry practice and meets current
regulatory requirements in all markets."
Dominic is one of the first to come forward and says he hopes
speaking out will prompt real change.
"I feel embarrassed initially and a bit of shame like I think
everyone does . . . there's a part of you that realises you were
doing it, you were taking the supplements and unknowingly poisoning
yourself," he said.
"You can go into chemists still to this day and there won't be
warning labels. I didn't have the luxury of that on any of my
supplements. There are still supplements to this day in chemists
without warnings on them."
"This whole thing doesn't seem right and I think we need to do
something about it."
Mann says the proposed legal action is the first B6 class action of
its kind globally. It's gaining international attention and even
prompting whistleblowers from inside the supplement industry to
come forward.
"This is the first class action in the world that's been brought in
relation to B6 toxicity."
"We're proud to bring it.
"What I can say so far is that from those inquiries, what we
understand is that there was a huge reliance on what was approved
by the TGA, but then no other consideration of safety and
efficacy.
"The regulation of complementary medicines in Australia seems to
have followed what's called a light-touch regulatory approach."
Mann stresses that their legal case is not against the regulator,
but against the companies with a duty of care to protect the
public.
"The TGA regulation doesn't and can't be the beginning and the and
of the legal liability . . . You can't, at law, say, well the
regulator allowed us to do this and so therefore that's our legal
liability."
Vitamin B6 is also added to food and drinks particularly breakfast
cereals, protein bars and energy drinks.
Dr Terri-Lynne South from the Royal Australian College of General
Practitioners says there needs to be better regulation in the food
industry.
"There needs to be better regulation of those energy drinks because
it is quite high."
"There needs to be education and potentially some recommendations
to pull them in line with what we're seeing in those vitamin and
mineral supplements."
The TGA also responded to 7NEWS enquires: "The TGA has alerted
consumers to the risk of neuropathy from vitamin B6, including a
safety alert in 2022.
"Since March 2022, medicines providing over 10 mg equivalent
vitamin B6 per day have required the label warning statement:
'WARNING - Stop taking this medication if you experience tingling,
burning or numbness and see your healthcare practitioner as soon as
possible. [Contains vitamin B6].'
"In June, the TGA released an interim decision that proposes to
change the current scheduling of vitamin B6 (pyridoxine, pyridoxal
and pyridoxamine) such that oral preparations containing 50 mg or
less per recommended daily dose are available for general retail
sale (unscheduled).
"Oral preparations containing more than 50 mg but less than 200 mg
per recommended daily dose would become Pharmacist only medicines
(Schedule 3). This decision, if implemented, will reduce the
maximum amount of vitamin B6 allowed in oral products than
currently available for general sale.
"The interim decision balances the risks and benefits of using
vitamin B6 including the risk of peripheral neuropathy,
acknowledging its potential for irreversible harm at higher doses
and variability in individual metabolism. It also considers the
limited clinical need for supplementation due to dietary
sufficiency, alongside the widespread use of vitamin B6 in
fortified products and listed medicines."
Dominic, now a year into recovery, still faces flare-ups triggered
by illness or stress and lasting symptoms like numbness, vision
problems, and fatigue.
"It feels like a heavy veil is over me and I've receded back into
myself and I'm sort of just operating something that doesn't a body
that doesn't work. But when I feel good, I feel present again," he
said.
"I feel me today."
For him, the fight is about protecting others.
"I think it's for the people that have been damaged . . . The
science has been pointing to this for decades. The companies need
to do something to change it." [GN]
BLACKSTONE MEDICAL: Jones Appeals Dismissal of TCPA Claims
----------------------------------------------------------
Plaintiffs in the lawsuit entitled JOSEPH JONES, SETH STEIDINGER,
and NATASHA KOLLER, on behalf of themselves and all others
similarly situated, Plaintiffs v. BLACKSTONE MEDICAL SERVICES, LLC,
Defendant, Case No. 1:24-cv-01074-JEH-RLH (C.D. Ill.), are taking
an appeal from the decision of Judge Jonathan E. Hawley of the U.S.
District Court for the Central District of Illinois, Peoria
Division, that granted the Defendant's Motion to Dismiss Counts
I-IV of the Consolidated Class Action Complaint.
On April 14, 2025, Plaintiffs Joseph Jones, Seth Steidinger, and
Natasha Koller filed their Consolidated Class Action Complaint
against Blackstone alleging violations of the Telephone Consumer
Protection Act (TCPA), 47 U.S.C. Section 227, (Counts I-IV) and the
Florida Telephone Solicitation Act (FTSA), FLA. STAT. Section
501.059(5) (2023) (Count V).
The individually named Plaintiffs are consumers, who received
telemarketing text messages and calls to their telephones from
Blackstone. Defendant Blackstone is a Florida-based company that
sells home sleep tests.
The Plaintiffs brought their class action as
representatives/members of the following classes:
(a) Internal Do Not Call List Class (Jones, Steidinger, and
Koller): All persons within the United States who, within
the time frame(s) relevant to this action, (1) received
two or more text messages from Blackstone or anyone acting
on Blackstone's behalf, (2) within any 12-month period,
(3) for the purpose of selling Blackstone's products
and/or services, and (4) including at least one of those
text messages being placed more than 30 days after such
person requested that Blackstone stop calling and/or
texting.
(b) Do Not Call Registry Class (Steidinger): All persons in
the United States who from four years prior to the filing
of this action (1) were sent text messages and/or
telephone calls by or on behalf of Defendant; (2) more
than one time within any 12-month period; (3) where the
person's telephone number had been listed on the National
Do Not Call Registry for at least thirty days; (4) for the
purpose of encouraging the purchase or rental of
Defendant's products and/or services; and (5) where either
(a) Defendant did not obtain prior express written consent
to message the person or (b) the called person previously
advised Defendant to "STOP" messaging them; and
(c) FTSA Class (Jones and Koller): All persons within the
State of Florida who, (1) were sent a text message from
Blackstone or anyone acting on Blackstone's behalf; (2)
for the purpose of soliciting Defendant's goods and/or
services, and (2) [sic] had previously communicated to
Blackstone that they did not wish to receive Defendant's
text messages.
Collectively, the Plaintiffs request the three putative classes
receive monetary, injunctive, and declaratory relief for the
alleged violations of the TCPA and FTSA.
Defendant Blackstone seeks the dismissal of Counts I-IV of the
Consolidated Class Action Complaint (CAC), arguing the provision of
the TCPA pursuant to which the Plaintiffs bring their claims, 47
U.S.C. Section 227(c), does not prohibit text messages. Defendant
Blackstone argues that the phrases "text message" and "SMS message"
are wholly absent from Section 227(c)(5) and its implementing
regulations, 47 C.F.R. Section 64.1200(c) and (d).
Indeed, Judge Hawley says, only "call", "telephone call," and
"artificial or prerecorded-voice telephone call" appear in Section
227(c) and its implementing regulations. The Defendant notes that
the Federal Communications Commission ("FCC") clearly indicated its
intent to regulate text messages or SMS messages under 47 C.F.R.
Section 64.1200(a), which was implemented under Section 227(b)
only.
Pursuant to McLaughlin and Loper Bright, the Court agrees with the
Defendant that based on a plain reading of the TCPA and its
implementing regulations, Section 227(c)(5) does not apply to text
messages, citing McLaughlin Chiropractic Assocs., Inc. v. McKesson
Corp., 145 S. Ct. 2006, 2015 (2025) (citing Loper Bright Enters. v.
Raimondo, 603 U.S. 369, 402 (2024)).
The Court finds that the Plaintiffs have failed to state claims for
violations of Section 227(c) of the TCPA, 47 C.F.R. Section
64.1200(c), and 47 C.F.R. Section 64.1200(d) given that allegedly
"violative text messages" stand "at the core of Plaintiffs' factual
allegations." Indeed, the Plaintiffs' reference to receipt of
telephone calls in violation of the TCPA are few compared to their
reference to text messages and inclusion of text message
screenshots; the crux of the CAC is that their receipt of
repetitive text messages prompted them to seek relief pursuant to
the TCPA.
Judge Hawley points out that the Court's finding is fatal to the
Plaintiffs' requests for injunctive and declaratory relief, and the
Defendant's argument that the Court has no jurisdiction to
entertain those requests is, therefore, moot.
Because of the Court's finding that the Plaintiffs' TCPA claims
must be dismissed, Judge Hawley holds that no federal claims remain
in this case. Only Count V pursuant to Florida law remains. The
Court declines to exercise supplemental jurisdiction over the
Plaintiffs' remaining claim under the FTSA.
For these reasons, the Court grants the Defendant's Motion to
Dismiss Counts I-IV of the Consolidated Class Action Complaint. The
entirety of the Plaintiffs' Consolidated Class Action Complaint is
dismissed without prejudice. If the Plaintiffs choose to file an
amended consolidated class action complaint, they must do so within
21 days of the date of this Order.
A full-text copy of the Court's Order is available at
https://tinyurl.com/bddmnyed from PacerMonitor.com.
BOOKING HOLDINGS: Dealine to Join Hotels' Suit Set August 29
------------------------------------------------------------
Christina Jelski of Travel Weekly reports that more than 10,000
hotels across Europe have joined a class action against
Booking.com, and organizers have extended the deadline to join the
lawsuit to Aug. 29.
The lawsuit's participation deadline was initially set for July
31.
The complaint is being organized by HOTREC, a Brussels-based
hospitality association that represents hotels, restaurants and
cafes across 36 European countries, and 30-plus national hotel
associations.
The class action stems from a September 2024 European Court of
Justice ruling on a case between Booking.com and more than 60
German hotels and hospitality groups.
HOTREC says that the court found that Booking.com's parity clauses
violated EU competition law, preventing hotels from offering lower
prices or better availability via their own websites or other OTAs.
"Hotels across Europe are entitled to claim compensation from
Booking.com for the financial losses suffered," said HOTREC in a
statement, adding that "affected hotels may be eligible to recover
a significant portion of commissions paid to Booking.com" between
2004 to 2024, plus interest.
"Now is the time to stand together and seek redress," said HOTREC
president Alexandros Vassilikos. "This collective action sends a
strong message: abusive practices in the digital marketplace will
not go unchallenged."
Booking Holdings, the parent company of Booking.com, disputes the
claims, with a spokesperson for the company calling statements made
by HOTREC and other hotel associations "incorrect and misleading."
"The ECJ ruling that HOTREC and other hotel associations have been
referencing to validate a potential class action did not conclude
that Booking.com's price parity clauses were anticompetitive," said
the Booking Holdings spokesperson. "The ECJ was not even asked to
assess whether our clauses had anticompetitive effects or any
impact on competition. The court simply stated that such clauses
fall within the scope of EU competition law and that their effects
must be assessed on a case-by-case basis."
The spokesperson added that the company has "not received any
formal notification of a class action."
HOTREC said the case is being coordinated through the Dutch-based
Hotel Claims Alliance Foundation and will be heard in Netherlands
courts. [GN]
BOWTECH INC: Diaz Sues Over Disgorgement of Profits
---------------------------------------------------
Samuel Hernandez Diaz and Lane Poziviak, individually and on behalf
of all others similarly situated v. BOWTECH, INC.; HOYT ARCHERY,
INC.; MATHEWS ARCHERY, INC.; PRECISION SHOOTING EQUIPMENT, INC.;
BPS DIRECT, LLC D/B/A BASS PRO SHOPS; CABELA'S LLC; DICK'S SPORTING
GOODS, INC.; JAY'S SPORTING GOODS, INC D/B/A JAY'S SPORTING GOODS;
KINSEY'S OUTDOORS, INC.; LANCASTER ARCHERY SUPPLY, INC.; ARCHERY
TRADE ASSOCIATION, INC.; TRACKSTREET, INC.; and NEUINTEL LLC, D/B/A
PRICESPIDER HOLDINGS LLC F/K/A ORIS INTELLIGENCE, Case No.
2:25-cv-04277 (E.D. Pa., July 29, 2025), is brought violations of
state and federal antitrust laws, seeking actual damages, treble
damages, disgorgement of profits, injunctive relief, a declaratory
judgment, reasonable costs and attorneys' fees, and pre- and
post-judgment interest under the Sherman and Clayton Acts.
Consumers are entitled to the benefits of robust competition among
Archery Product manufacturers, distributors, and retailers. In a
competitive market, that rivalry should lower prices. Defendants,
however, have built a system designed to suppress those natural
market forces. In their own words, the goal is to "eliminate the
race to the bottom." Through coordinated adoption and enforcement
of Minimum Advertised Price ("MAP") policies, Defendants have
exchanged nonpublic and competitively sensitive information and
used that information to align pricing strategies across the
Archery Product market. Rather than responding to market pressures
by lowering prices or offering discounts, Defendants have used MAP
enforcement tools and trade association infrastructure to ensure
that prices for Archery Products remain artificially high.
By sharing competitively sensitive information and coordinating
pricing enforcement through the ATA, Manufacturer, Retailer, and
Distributor Defendants have eliminated the "guessing game" of
market competition. Instead of competing on price, they have agreed
to maintain artificially inflated prices for Archery Products in
accordance with their MAP policies, to the detriment of Plaintiffs
and other consumers nationwide.
By enforcing MAP policies, Defendants' conduct constitutes a per se
violation of antitrust law because direct competitors entered into
a horizontal agreement to fix, raise, maintain, or stabilize
prices. From at least January 1, 2014 through the present (the
"Conspiracy Period"), Defendants engaged in this conspiracy to fix,
raise, maintain, or stabilize the prices of Archery Products sold
throughout the United States. This Complaint is brought to prevent
Defendants from continuing to engage in, or attempting to engage
in, the anticompetitive conduct described herein
As a direct and proximate result of Defendants' conspiracy to
suppress price competition across the Archery Products industry,
Plaintiffs and members of the proposed Classes paid artificially
inflated prices for Archery Products. The Plaintiffs seek damages,
restitution, disgorgement, civil penalties, injunctive and other
equitable relief, and recovery of costs and attorneys' fees under
federal and state law, says the complaint.
The Plaintiff purchased Archery Products that were manufactured by
one or more of the Manufacturer Defendants.
Bowtech manufactures and sells Archery Products in the United
States.[BN]
The Plaintiff is represented by:
Laura K. Mummert, Esq.
Steven J. Greenfogel, Esq.
LITE DEPALMA GREENBERG & AFANADOR, LLC
1515 Market Street, Suite 1200
Philadelphia, PA 19102
Phone: (267) 314-7980
Email: lmummert@litedepalma.com
sgreenfogel@litedepalma.com
BRIEN CENTER: Faces Smith Suit Over Unprotected Personal Info
-------------------------------------------------------------
JACKIE SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. THE BRIEN CENTER FOR MENTAL HEALTH AND
SUBSTANCE ABUSE SERVICES, INC., Defendant, Case No. ________ (Mass.
Super., Berkshire County, July 25, 2025) is a class action against
Defendant for its failure to properly secure and safeguard
Plaintiff's and other similarly situated current and former
patients' sensitive information, including protected health
information and other personally identifiable information.
By obtaining, collecting, using, and deriving a benefit from the
Private Information of Plaintiff and Class Members, Defendant
assumed legal and equitable duties to those individuals to protect
and safeguard that information from unauthorized access and
intrusion.
On or about July 18, 2025, the Defendant announced that certain
systems in its network had been accessed by an unauthorized third
party. The Private Information of thousands of individuals is
believed to have been exposed by the Data Breach.
According to the complaint, the Defendant failed to adequately
protect Plaintiff's and Class Members' Private Information -- and
failed to even encrypt or redact this highly sensitive information.
This unencrypted, unredacted Private Information was compromised
due to Defendant's negligent and/or careless acts and omissions and
its utter failure to protect its patients' sensitive data. Hackers
targeted and obtained Plaintiff's and Class Members’ Private
Information because of its value in exploiting and stealing the
identities of Plaintiff and Class Members. The present and
continuing risk to victims of the Data Breach will remain for their
respective lifetimes, says the suit.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of herself and all similarly situated
persons whose Private Information was compromised and stolen as a
result of the Data Breach and who remain at risk due to Defendant's
inadequate data security practices.
The Brien Center for Mental Health and Substance Abuse Services,
Inc. provides behavioral health services.[BN]
The Plaintiff is represented by:
Casondra Turner, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
Facsimile: (771) 772-3086
E-mail: cturner@milberg.com
- and -
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
1 W. Las Olas Blvd., Ste. 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: erunfeld@kolawyers.com
CAASTLE INC: Bennett Sues to Recover Wages and Benefits
-------------------------------------------------------
Elizabeth Bennett, on behalf of herself and all others similarly
situated v. CAASTLE, INC., Case No. 25-51202-BLS (D. Del., July 29,
2025), is brought seeking to recover up to 60 days wages and
benefits due to the Defendant's violation of the Notification Act
("WARN Act"), the New York Worker Adjustment and Retraining
Notification Act ("NY WARN Act") New York Labor Law ("NYLL")
(collectively, the "WARN Acts").
The Plaintiff brings this action on behalf of herself, and the
other similarly situated former employees who worked for Caastle
and who were terminated without cause, as part of, or as the result
of, mass layoffs or plant closings ordered by Defendant on April
25, 2025 and within 30 days of that date, who were not provided 60
days advance written notice of their terminations by Defendant and
90 days advance written notice of their terminations by Defendant,
as required by the WARN Acts, says the complaint.
The Plaintiff was employed by Caastle as a Senior Manager, Graphic
Design and worked at or reported to Defendant's headquarters.
Caastle described itself as a "Leading B2B technology company
propelling digital growth and profitability for apparel brands and
retailers."[BN]
The Plaintiff is represented by:
Kevin S. Mann, Esq.
CROSS & SIMON, LLC
1105 N. Market Street, Suite 901
Wilmington, DE 19801
Phone: (302) 777-4200
Email: kmann@crosslaw.com
- and -
Chris Marlborough, Esq.
THE MARLBOROUGH LAW FIRM, P.C.
375 Sunrise Highway, Suite 3
Lynbrook, NY 11563
Phone: (212) 991-8960
Email: chris@marlboroughlawfirm.com
- and -
Orin Kurtz, Esq.
228 Park Avenue South
PMB 890022
New York, NY 10003-1502
Phone: (917) 627-2840
Email: orin@orinkurtz.com
CAFE OLYMPIA: Faces Ramales Wage-and-Hour Suit in S.D.N.Y.
----------------------------------------------------------
MARCO CRUZ RAMALES, individually and on behalf of others similarly
situated, Plaintiff v. CAFE OLYMPIA 55 INC. (d/b/a CAFE OLYMPIA
55), HYE YUNG CHUM, and YEON W CHU, Defendants, Case No.
1:25-cv-06278 (S.D.N.Y., July 30, 2025) is a class action against
the Defendants for alleged violations of the Fair Labor Standards
Act, the New York Labor Law, and the New York Commissioner of Labor
codified at N.Y. Comp. Codes R. & Regs.
The Plaintiff asserts the Defendants' failure to pay minimum and
overtime wages, failure to comply with spread of hours wage order,
failure to provide with a written wage notice, and failure to
furnish accurate statements.
Plaintiff Cruz was employed by Defendants as a sandwich maker at
its coffee shop from approximately July 2015 until June 7, 2025.
Cafe Olympia 55 is a Coffee shop owned by Hye Yung Chum and Yeon W
Chu, located in New York.[BN]
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
CAMDEN COUNTY, NJ: Local 1014 Files Suit in N.J. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Camden County. The
case is styled as Local 1014, Communications Workers of America,
AFL-CIO, Bryan Burns, Karl Keppen, Germaina Martinez-Beckford,
Christopher Pritchett-Lewis, individually and on behalf of all
others similarly situated v. Camden County, Case No. L-002510-25
(N.J. Super. Ct., Camden Cty., July 29, 2025).
The case type is stated as "Civil Rights."
Camden County -- https://www.camdencounty.com/ -- is the most
populous county in the southern region of the U.S. state of New
Jersey. Its county seat is Camden.[BN]
The Plaintiff is represented by:
Derek J. Demeri, Esq.
WEISSMAN & MINTZ LLC
220 Davidson Avenue, Suite 410
Somerset, NJ 08873
Fax: 732-560-9779
Phone: 732-563-4565
Email: ddemeri@weissmanmintz.com
CARVEL FRANCHISOR: Fernandez Sues Over Disability Discrimination
----------------------------------------------------------------
Nelson Fernandez, on behalf of others similarly situated v. CARVEL
FRANCHISOR SPV LLC, a foreign limited liability company, Case No.
9:25-cv-80945-XXXX (S.D. Fla., July 29, 2025), is brought for
declaratory and injunctive relief, attorney's fees, costs, and
litigation expenses for unlawful disability discrimination in
violation of Title III of the Americans with Disabilities Act
("ADA").
The Defendant owns, controls, maintains, and/or operates an adjunct
website, https://www.carvel.com (the "Website"). One of the
functions of the Website is to provide the public information on
the locations of Defendant's physical restaurants. Defendant also
sells to the public its food and beverage products through the
Website, which acts as a critical point of sale and ordering for
Defendant's food and beverage products that are made in and also
available for ordering and purchase in, from, and through
Defendant's physical restaurants.
The Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
company websites. However, Defendant's Website contains access
barriers that prevent free and full use by blind and visually
disabled individuals using keyboards and available screen reader
software. The Website does not meet the Web Content Accessibility
Guidelines ("WCAG") 2.0 Level AA or higher versions of web
accessibility, says the complaint.
The Plaintiff is and at all relevant times has been a visually and
physically disabled person.
The Defendant owns, operates, and/or controls, either directly or
through franchise agreements, a chain of 357 ice cream shops
selling food and beverage products.[BN]
The Plaintiff is represented by:
Rodenck V. Hannah, Esq.
RODERICK V. HANNAH, ESQ., P.A.
4800 N. Hiatus Road
Sunrise, FL 33351
Phone: 954/362-3800
Facsimile: 954/362-3779
Email: rhannah@rhannahlaw.com
- and -
Pelayo Duran, Esq.
LAW OFFICE OF PELAYO
6355 NW. 36th Street, Suite 307
Virginia Gardens, FL 33166
Phone: 305/266-9780
Facsimile: 305/269-8311
Email: duranandassociates@gmail.com
CCELL: B.Z. Files Bid for Transfer and Consolidation
----------------------------------------------------
B.Z., on behalf of himself and others similarly situated v. CCELL,
Case MDL No. 3161 (Multidistrict Litigation, July 29, 2025), is
brought as motion for Transfer and Consolidation of related actions
in the Northern District of Illinois.
The Plaintiff B.Z., on behalf of himself and others similarly
situated, respectfully moves the Panel for an Order transferring
and consolidating the currently-filed cases listed in the attached
Schedule of Actions, as well as any tag-along cases subsequently
filed involving similar facts or claims to the United States
District Court for the Northern District of Illinois.[BN]
The Plaintiff is represented by:
Nick Suciu, III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Road, Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Fax: (865) 522-0049
Email: nsuciu@milberg.com
- and -
Russell Busch, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe St., Suite 2100
Chicago, IL 60606
Phone: (630) 796-0903
Email: rbusch@milberg.com
CENTRAL BUCKS: Appeals Judgment and Attorney Fees & Cost Ruling
---------------------------------------------------------------
CENTRAL BUCKS SCHOOL DISTRICT is taking an appeal from court orders
in the lawsuit entitled Dawn Marinello, individually and on behalf
of all others similarly situated, Plaintiff, v. Central Bucks
School District, Defendant, Case No. 2:21-cv-02587, in the U.S.
District Court for the Eastern District of Pennsylvania.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for violations of rights under the
federal Equal Pay Act.
On June 5, 2025, the Plaintiff filed a motion for judgment as a
matter of law and/or to modify or amend judgment and a motion for
attorney fees and costs. On same day, the Defendant filed a motion
for judgment notwithstanding the verdict or in the alternative, for
a new trial, and a motion to alter judgment by molding the
verdict.
On July 15, 2025, Judge Michael M. Baylson entered an Order
granting in part and denying in part the Plaintiff's motion for
judgment as a matter of law and/or to modify or amend judgment. The
Defendant's motion for judgment notwithstanding the verdict or in
the alternative, for a new trial is denied. Moreover, the
Defendant's motion to mold the verdict and judgment is granted.
Judgment is entered against the Defendant and in favor of the
Plaintiff in the amount of $152,902.58.
On July 21, 2025, Judge Baylson entered an Order granting in part
and denying in part the Plaintiff's motion for attorney fees and
costs. The Court reduces the requested fees from $2,756,662.50 to
$516,415.26 and reduces the requested costs from $217,738.62 to
$119,863.62.
The appellate case is entitled Dawn Marinello v. Central Bucks
School District, Case No. 25-2541, in the United States Court of
Appeals for the Third Circuit, filed on August 8, 2025. [BN]
Plaintiff-Appellee DAWN MARINELLO, individually and on behalf of
all others similarly situated, is represented by:
Edward S. Mazurek, Esq.
717 S. Columbus Boulevard
Philadelphia, PA 19147
Telephone: (267) 243-3393
Defendant-Appellant CENTRAL BUCKS SCHOOL DISTRICT is represented
by:
David W. Brown, Esq.
LEVIN LEGAL GROUP
1800 Byberry Road
1301 Masons Mill Business Park
Huntingdon Valley, PA 19006
Telephone: (215) 938-6378
CENTRAL NETWORK: Rathjen Labor Suit Removed to N.D. Calif.
----------------------------------------------------------
The case styled as DANIEL RATHJEN, 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,
Plaintiff v. CENTRAL NETWORK RETAIL GROUP, LLC, a Delaware limited
liability company; and DOES 1 through 10, inclusive, Defendants,
Case No. 24CIV07515, was removed from the Superior Court of
California, County of San Mateo, to the United States District
Court for the Northern District of California on July 30, 2025.
The District Court Clerk assigned Case No. 3:25-cv-06410 to the
proceeding.
Plaintiff Rathjen's complaint alleges (1) unpaid overtime; (2)
unpaid minimum wages; (3) failure to provide meal periods; (4)
failure to authorize and permit rest periods; (5) non-compliant
wage statements and failure to maintain payroll records; (6) wages
not timely paid upon termination; (7) failure to timely pay wages
during employment; (8) unreimbursed business expenses; (9) unlawful
business practices; and (10) violation of Cal. Business &
Professions Code.
Central Network Retail Group, LLC retails building products. The
Company markets building materials and supplies, hardware tools,
and related products to consumers and building professionals.[BN]
Defendant Central Network Retail Group is represented by:
Vincent R. Fisher, Esq.
Jose Cruz Zavala-Garcia, Esq.
Jacqulynn A. Olivarez, Esq.
O'HAGAN MEYER LLP
One Embarcadero Center, Suite 2100
San Francisco, CA 94111
Telephone: (415) 604-0159
E-mail: skim@ohaganmeyer.com
czavala@ohaganmeyer.com
jolivarez@ohaganmeyer.com
CERNER CORP: Winslow Sues Over Failures to Secure Information
-------------------------------------------------------------
Donetta Winslow, individually and on behalf of all others similarly
situated v. CERNER CORPORATION d/b/a ORACLE HEALTH and HEARTLAND
REGIONAL MEDICAL CENTER d/b/a MOSAIC LIFE CARE, Case No.
4:25-cv-00591-DGK (W.D. Mo., July 29, 2025), is brought arising out
of the Defendants' failures to properly secure, safeguard, encrypt,
and/or timely and adequately destroy Plaintiff's and Class Members'
sensitive personal identifiable information that it had acquired
and stored for its business purposes.
This failure to secure and monitor its network resulted in a
January 2025 data breach ("Data Breach") of highly sensitive
documents and information stored on the computer network of Oracle,
an organization that provides a healthcare platform to connect
healthcare providers with individuals, including Plaintiff and
Class Members. The Defendants' data security failures allowed a
targeted cyberattack in January 2025 to compromise Defendants'
network (the "Data Breach") that contained personally identifiable
information ("PII") and protected health information ("PHI")
(collectively, "the Private Information") of Plaintiffs and other
individuals ("the Class").
Despite learning of the Data Breach on or about April 29, 2025 and
determining that Private Information was involved in the breach,
Defendants did not begin sending notices of the Data Breach (the
"Notice of Data Breach Letter") until June 27, 2025.
The Private Information compromised in the Data Breach included
certain personal or protected health information of current and
former employees and patients, including Plaintiff. This Private
Information included, but is not limited to: "patients' names and
one or more of the following: Social Security numbers, driver's
license numbers, dates of birth, treating physicians, dates of
service, medication information, insurance information and
treatment and/or diagnostic information."
The Data Breach was a direct result of Defendants' failures to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect individuals' Private Information
with which it was entrusted for either treatment or employment or
both, says the complaint.
The Plaintiff Winslow received notice of the Data Breach dated June
27, 2025.
Mosaic "is a physician-led health care system serving 35 counties
in northwest Missouri, northeast Kansas, southeast Nebraska and
southwest Iowa."[BN]
The Plaintiff is represented by:
George E. Kapke, Jr., Esq.
Michael J. Fleming, Esq.
KAPKE & WILLERTH, LLC
3304 N.E. Ralph Powell Road
Lee's Summit, MO 64064
Phone:(816) 461-3800
Facsimile:(816) 254-8014
Email: ted@kwlawkc.com
mike@kwlawkc.com
- and -
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Phone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
CHARTER COMMUNICATIONS: Panameno Sues Over Labor Code Violation
---------------------------------------------------------------
Ramiro Panameno, on behalf of the general public as private
attorney general v. CHARTER COMMUNICATIONS, LLC, a Delaware Limited
Liability Company DBA SPECTRUM, and DOES 1-50, inclusive, Case No.
25STCV21961 (Cal. Super. Ct., Los Angeles Cty., July 25, 2025), is
brought for recovery of penalties under the Private Attorneys
General Act of 2004 ("PAGA"), to recover civil penalties and
address an employer's violations of the California Labor Code.
In this case, Defendant violated various provisions of the
California Labor Code. The Defendant implemented policies and
practices which led to unpaid Wage resulting from Defendant's:
failure to provide accurate itemized wage statements, failure to
comply with Labor Code sections 212 and 213, failure to timely pay
wages upon separation and during employment. As a result Plaintiff
seeks penalties under Labor Code on behalf of the general public as
private attorney general and all other aggrieved employees, says
the complaint.
The Plaintiff was employed by Defendant during August 1998 as a
Non-Exempt Employee with the title of Maintenance Technician III.
CHARTER COMMUNICATIONS, LLC is a Delaware Limit Liability Company
doing business as "Spectrum", that operates as a telecommunications
and media company.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Isandra Fernandez, Esq.
Anthony L. Draper, Esq.
Minh Tam Do, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Phone: (949) 387-7200
Fax: (949) 387-6676
Email: staff@jameshawkinsaplc.com
isandra@jameshawkinsaplc.com
anthony@jameshawkinsaplc.com
minh@jameshawkinsaplc.com
CIERANT CORPORATION: McMiller Files Suit in D. Connecticut
----------------------------------------------------------
A class action lawsuit has been filed against Cierant Corporation.
The case is styled as Rashon McMiller, individually and on behalf
of all others similarly situated v. Cierant Corporation, Case No.
3:25-cv-01095-KAD (D. Conn., July 9, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Cierant -- https://www.cierant.com/ -- is a distributed marketing
software and services company.[BN]
The Plaintiff is represented by:
James J. Reardon, Jr., Esq.
REARDON SCANLON LLP
45 South Main St., 3rd Floor
West Hartford, CT 06107
Phone: (860) 955-9455
Fax: (860) 520-5242
Email: james.reardon@reardonscanlon.com
CINTAS CORPORATION: McGovern's Bid for Reconsideration Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as THOMAS BEARUP, et al., V.
CINTAS CORPORATION, et al., Case No. 1:21-cv-00151-MWM (S.D. Ohio),
the Hon. Judge Matthew W. McFarland entered an order denying the
Plaintiff Catherine McGovern's motion for reconsideration.
In sum, the Plaintiff has failed to show how the Court's dismissal
under Rule 41(b) warrants the" extraordinary" relief of
reconsideration. She has not shown how the Court has engaged in any
clear error of law rising to the high level of manifest injustice.
The Plaintiffs' counsel moved to withdraw as counsel for Plaintiff
Catherine McGovern, along with other former plaintiffs, on Nov. 30,
2023, for failure to cooperate and communicate with counsel in the
litigation of their claims.
Cintas provides a range of products and services to businesses
including uniforms, mats, mops, cleaning and restroom supplies.
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ypwLRN at no extra
charge.[CC]
COALINGA REGIONAL MEDICAL: Ramos Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Coalinga Regional
Medical Center. The case is styled as Bruce Ramos, individually and
on behalf of all others similarly situated v. Coalinga Regional
Medical Center, Case No. 25CECG03474 (Cal. Super. Ct., Fresno Cty.,
July 25, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Coalinga Regional Medical Center -- https://crmcmed.org/ -- is a
Hospital in Coalinga, California.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Dr.
Beverly Hills, CA 92102
Phone: (858) 209-6941
Fax: (865) 522-0049
Email: jnelson@milberg.com
COMCAST OF WILLOW GROVE: Golbeck Suit Removed to W.D. Washington
----------------------------------------------------------------
The case captioned as Daniel Golbeck, individually and on behalf of
all others similarly situated v. COMCAST (CC) OF WILLOW GROVE, a
Pennsylvania corporation, Case No. 25-2-18228-2 SEA was removed
from the Superior Court of King County, Washington, to the United
States District Court for Western District of Washington on July
25, 2025, and assigned Case No. 2:25-cv-01406.
The Plaintiff asserts five causes of action for alleged failure to
pay overtime wages, alleged failure to provide legally compliant
meal periods, alleged failure to provide legally compliant rest
breaks, alleged failure to pay wages owed at termination, and
willful refusal to pay wages.[BN]
The Defendants are represented by:
Priya B. Vivian, Esq.
Erin M. Wilson, Esq.
BALLARD SPAHR LLP
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Phone: 206.223.7000
Email: vivianp@ballardspahr.com
wilsonem@ballardspahr.com
CONAGRA BRANDS: Wilson Suit Removed to C.D. California
------------------------------------------------------
The case styled as Terrance Wilson, individually and on behalf of
others similarly situated v. Conagra Brands, Inc., Case No.
CVRI2502964 was removed from Superior Court of California, County
of Riverside, to the U.S. District Court for the Central District
of California on July 25, 2025.
The District Court Clerk assigned Case No. 5:25-cv-01907-FWS-SSC to
the proceeding.
The nature of suit is stated as Other Fraud.
Conagra Brands, Inc. -- https://www.conagrabrands.com/ -- is an
American consumer packaged goods holding company headquartered in
Chicago, Illinois.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian Robert Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
21031 Ventura Boulevard, Suite 340
Woodland Hills, CA 91364
Phone: 323-306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
- and -
Samantha K. Burdick, Esq.
ALSTON AND BIRD LLP
350 South Grand Avenue 51st Floor
Los Angeles, CA 90071
Phone: (213) 576-1000
Fax: (213) 576-1100
Email: sam.burdick@alston.com
CORKTOWN TAPHOUSE: Matta Sues Over Unpaid Overtime, Withheld Tips
-----------------------------------------------------------------
Anthony Matta, an individual, on behalf of himself and those
similarly-situated, Plaintiff v. Corktown Taphouse, Inc., a
Domestic Profit Corporation, 1834 Kitchen, LLC, a Domestic Limited
Liability Company, Ronald Moore, an individual, and Michele Moore,
an Individual, Defendants, Case No. 2:25-cv-12276-SKD-APP (E.D.
Mich., July 25, 2025) is a class action brought against the
Defendants for alleged violation of the Fair Labor Standards Act.
The Plaintiff began working for Defendants on October 31, 2024, as
a cook at Defendants' cashless establishment. Initially, the
Plaintiff was an hourly employee but was not paid for any hours
worked over forty, although Defendants did deduct from his wages
for any hours not worked under forty in a workweek. The Defendants,
hence, misclassified Plaintiff to prevent proper payment of
overtime compensation, says the complaint.
Additionally, the Defendants required patrons to tip despite not
employing any servers and withheld these tips from the cooks who
prepared the kitchen items in their front-facing kitchen. Lastly,
the Defendants threatened to reduce the wages of cooks if they
insisted that Defendants stop withholding their tips, alleges the
suit.
Corktown Taphouse is a Michigan profit corporation engaged in the
retail sale of food and craft beer.[BN]
The Plaintiff is represented by:
Ertis Tereziu, Esq.
MORGAN & MORGAN, P.A.
2000 Town Center, Suite 1900
Southfield, MI 48075
Telephone: (313) 739-1953
E-mail: etereziu@forthepeople.com
CREDIT CONTROL: Must File Article 3 Jurisdiction Bid by August 29
-----------------------------------------------------------------
In the class action lawsuit captioned as SCHULTZ v. CREDIT CONTROL,
LLC, et al., Case No. 2:18-cv-03474 (D.N.J. Filed March 12, 2018),
the Hon. Judge Cathy L. Waldor entered an order as follows:
-- The Defendants shall file motion relating to the Court's
Article 3 jurisdiction on or before Aug. 29, 2025.
-- The Plaintiff's Motion to Certify Class and for Final Approval
of Class Action Settlement and for Attorney's Fees and Costs,
shall remain administratively terminated pending resolution of
Defendants' forthcoming motion
The suit alleges violation of the Fair Debt Collection Act.
Credit is a provider of customized, performance-driven receivables
management services.[CC]
CSX TRANSPORTATION: Loses Bid to Toss Rafferty's Termination Claim
------------------------------------------------------------------
In the lawsuit styled MICHAEL RAFFERTY, Plaintiff v. CSX
TRANSPORTATION, INC., Defendant, Case No. 2:24-cv-04218-SDM-EPD
(S.D. Ohio), Chief Judge Sarah D. Morrison of the U.S. District
Court for the Southern District of Ohio, Eastern Division, denies
the Defendant's partial motion to dismiss.
The matter is before the Court on CSX Transportation, Inc.'s
Partial Motion to Dismiss. There, CSX seeks to dismiss Matthew
Rafferty's retaliatory termination claim, arguing that the claim is
new and untimely.
On March 13, 2018, 20 current and former CSX employees filed a
class action complaint in Daniel Bell, et al. v. CSX
Transportation, Inc., in the District of Maryland, asserting
various claims of interference and retaliation under the Family and
Medical Leave Act ("FMLA"). On June 18, 2018, the Bell plaintiffs
sought leave to amend their complaint to add additional plaintiffs
and new claims. Five months later, the Bell court stayed the case
pending arbitration, noting that it was not precluded from
addressing and resolving the pending motion for leave to amend
despite the stay.
While the case was stayed, the original Bell plaintiffs filed a
motion for leave to file a second amended complaint seeking, among
other things, to add new putative-class representatives (including
Matthew Rafferty) and to assert FMLA claims of interference and
discrimination on behalf of those additional plaintiffs. The Bell
court denied the motion for leave to file a second amended
complaint without prejudice.
On May 16, 2019, the court granted the Bell plaintiffs' original
motion for leave to amend the complaint to the extent plaintiffs
sought to add plaintiffs asserting FMLA claims. The court went on
to instruct the Bell plaintiffs that they could seek leave to file
an amended complaint after the stay was lifted and stated that the
statute of limitations as to the proposed new Plaintiffs on their
claim of retaliation in violation of the FMLA will be tolled until
thirty days after the stay is lifted.
The Bell plaintiffs then filed an unopposed motion to amend the May
16, 2019 Order because the Order was silent as to their motion to
file a second amended complaint and they wanted to clarify that the
statute of limitations was also tolled for the claims of the
proposed plaintiffs in that motion. The Bell court granted the
motion and amended paragraph 5 of the May 16, 2019 Order.
The Bell court lifted the stay on April 1, 2024. Twenty-two days
later, the Bell plaintiffs filed an amended complaint, adding Mr.
Rafferty and others as plaintiffs and asserting FMLA claims of
interference and discrimination. As to Mr. Rafferty, the Amended
Complaint alleged that he had a health condition for which he
required FMLA leave over the 2017 holidays, that CSX accused him of
abusing his FMLA leave, and that CSX impermissibly punished him for
taking time off on a holiday. Elsewhere, the Amended Complaint
references "removal from service" and discipline.
The Bell court then determined the case was not suitable for class
treatment, so it severed the individual claims of putative class
representatives and transferred the cases of the non-resident
plaintiffs to their respective federal district courts. Mr.
Rafferty's case was transferred to the Southern District of Ohio.
On Jan. 6, 2025, this Court ordered Mr. Rafferty to file an amended
complaint limited to his claims against CSX. He filed his Amended
Complaint a month later, alleging FMLA interference (Count One) and
FMLA retaliation (Count Two).
In support of these claims, Mr. Rafferty alleges that CSX took the
following adverse actions against him: "disqualified him from
having attendance points expunged, charged him with a workplace
rule violation for using taking FMLA leave, removed him from
service for the supposed violations, forced him to defend himself
from such charges by having him submit more information about the
condition that necessitated his FMLA leave than is allowed under
the law, and terminated him for taking FMLA leave."
CSX acknowledges that Mr. Rafferty's retaliatory suspension claim
under the FMLA is timely as a result of the Bell court's tolling
Order. But it argues that the Amended Complaint Mr. Rafferty filed
with this Court asserts a new retaliatory termination claim. Based
on the premise that the retaliatory termination claim is a new
claim, CSX goes on to argue that there is no basis for tolling the
statute of limitations.
Judge Morrison holds that CSX's arguments are not supported by the
Federal Rules of Civil Procedure: Mr. Rafferty's claim is for FMLA
retaliation, and his Amended Complaint merely clarifies the facts
in support of that claim.
Mr. Rafferty's Amended Complaint does nothing to change the nature
of his claim for relief: it is still a claim for FMLA retaliation,
Judge Morrison opines. His amendment only clarifies the facts
supporting that claim--namely, that the adverse actions he suffered
included termination. Judge Morrison points out that the Amended
Complaint does not state a new claim. Thus, the Court denies CSX
Transportation, Inc.'s Partial Motion to Dismiss.
A full-text copy of the Court's Opinion and Order is available at
https://tinyurl.com/3dnr4zkn from PacerMonitor.com.
* * *
The Court separately directed counsel to confer and notify the
Court if this case should not proceed with mediation in September
2025. If the case should not proceed, counsel shall indicate
whether the case should be continued to another month and, if so,
which one.
CTO REALTY: Faces Securities Class Action Lawsuit in M.D. Fla.
--------------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against CTO Realty Growth, Inc. ("CTO" or the "Company") (NYSE:CTO)
and certain officers. The class action, filed in the United States
District Court for the Middle District of Florida, and docketed
under 25-cv-01516, is on behalf of a class consisting of all
persons and entities other than Defendants that purchased or
otherwise acquired CTO securities between February 18, 2021 and
June 24, 2025, both dates inclusive (the "Class Period"), seeking
to recover damages caused by Defendants' violations of the federal
securities laws and to pursue remedies under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder, against the Company and certain of its top
officials.
If you are an investor who purchased or otherwise acquired CTO
securities during the Class Period, you have until October 7, 2025,
to ask the Court to appoint you as Lead Plaintiff for the class.
A copy of the Complaint can be obtained at www.pomerantzlaw.com. To
discuss this action, contact Danielle Peyton at
newaction@pomlaw.com or 646-581-9980 (or 888.4-POMLAW), toll-free,
Ext. 7980. Those who inquire by e-mail are encouraged to include
their mailing address, telephone number, and the number of shares
purchased.
CTO is a publicly traded real estate investment trust ("REIT") that
owns and operates a portfolio of purported high-quality,
retail-based properties located primarily in higher growth markets
in the United States ("U.S."). The Company converted into a REIT in
February 2021 and, as of December 31, 2024, owned 23 income
properties in seven states, including Ashford Lane, a retail and
dining center in Atlanta, Georgia.
Under guidelines established by the U.S. Securities and Exchange
Commission ("SEC"), REITs must pay out at least 90% of their
taxable profits to shareholders annually as dividends. In return,
REIT companies are exempt from most corporate income tax. CTO has
touted that its operation as a REIT "provides the tax-efficient
organizational structure for [its] stockholders" that "will allow
[it] to provide them with an attractive and sustainable dividend."
To measure its performance, CTO uses the financial metric Adjusted
Funds from Operations ("AFFO"). The AFFO of a REIT, though subject
to varying methods of computation, is generally equal to the REIT's
funds from operations with adjustments made for recurring capital
expenditures (also referred to as "capex") used to maintain the
quality of the REIT's underlying assets. Professional analysts tend
to prefer AFFO because it takes into consideration additional costs
incurred by the REIT as well as additional income sources, such as
rent increases. Thus, analysts believe that AFFO provides for a
more accurate base number when estimating present values and a
better predictor of the REIT's future ability to pay dividends.
The Complaint alleges that, throughout the Class Period, Defendants
made materially false and misleading statements regarding the
Company's business, operations, and compliance policies.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: (i) CTO's dividends were less
sustainable than Defendants had led investors to believe; (ii) the
Company used deceptive and unsustainable practices to artificially
inflate its AFFO and overstate the true profitability of its
Ashford Lane property; (iii) accordingly, CTO's business and/or
financial prospects were overstated; and (iv) as a result,
Defendants' public statements were materially false and misleading
at all relevant times.
On June 25, 2025, Wolfpack Research ("Wolfpack") published a report
entitled "CTO: The B. Riley of REITs" (the "Wolfpack Report" or the
"Report"), which compared CTO unfavorably to B. Riley, a financial
services company that recently lost more than 90% of its value amid
three years of losses, soured investments, delayed financial
reports and revelations that the SEC had been investigating whether
the firm gave shareholders an accurate picture of its health.
Citing interviews with former employees and whistleblowers, the
Wolfpack Report accused CTO of, among other things, "not generating
enough cash to pay its recurring capex and cover its dividends
since converting to a REIT in 2021" and instead "relying on
dilution (increasing shares outstanding by 70% since December 2022)
to cover a $38 million dividend shortfall from 2021 to 2024,"
employing a "manipulative definition of [AFFO] where they exclude
recurring capex, unlike all of their self-identified shopping
center REIT peers," and "using a sham loan to hide the collapse of
a top tenant from shareholders at Ashford Lane." (Emphasis in
original). Further, Wolfpack predicted imminent further dilution of
the Company, noting that CTO has just $8.4 million in cash while
facing quarterly dividends of $14 million and average recurring
capital expenditures of $5.7 million per quarter, along with
approximately $12 million in additional planned capital
expenditures.
On this news, CTO's stock price fell $0.98 per share, or 5.42%, to
close at $17.10 per share on June 25, 2025.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles,
London, Paris, and Tel Aviv, is acknowledged as one of the premier
firms in the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, Pomerantz pioneered the field of
securities class actions. Today, more than 85 years later,
Pomerantz continues in the tradition he established, fighting for
the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
billions of dollars in damages awards on behalf of class members.
See www.pomlaw.com.
Attorney advertising. Prior results do not guarantee similar
outcomes. [GN]
CVI.CHE 105 INC: Ariza Sues Over Disability Discrimination
----------------------------------------------------------
Victor Ariza, on behalf of others similarly situated v. CVI.CHE
105, INC., a Florida for-profit corporation, Case No.
1:25-cv-23403-DSL (S.D. Fla., July 29, 2025), is brought for
declaratory and injunctive relief, attorney's fees, costs, and
litigation expenses for unlawful disability discrimination in
violation of Title III of the Americans with Disabilities Act
("ADA").
The Defendant owns, controls, maintains, and/or operates an adjunct
website, https://ceviche105.squarespace.com (the "Website"). One of
the functions of the Website is to provide the public information
on the locations of Defendant's physical restaurants. Defendant
also sells to the public its food and beverage products through the
Website, which acts as a critical point of sale and ordering for
Defendant's food and beverage products that are made in and also
available for ordering and purchase in, from, and through
Defendant's physical restaurants.
The Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
company websites. However, Defendant's Website contains access
barriers that prevent free and full use by blind and visually
disabled individuals using keyboards and available screen reader
software. The Website does not meet the Web Content Accessibility
Guidelines ("WCAG") 2.0 Level AA or higher versions of web
accessibility, says the complaint.
The Plaintiff is and at all relevant times has been a visually and
physically disabled person.
The Defendant owns, operates, and/or controls a chain of six
restaurants selling food and beverage products.[BN]
The Plaintiff is represented by:
Rodenck V. Hannah, Esq.
RODERICK V. HANNAH, ESQ., P.A.
4800 N. Hiatus Road
Sunrise, FL 33351
Phone: 954/362-3800
Facsimile: 954/362-3779
Email: rhannah@rhannahlaw.com
- and -
Pelayo Duran, Esq.
LAW OFFICE OF PELAYO
6355 NW. 36th Street, Suite 307
Virginia Gardens, FL 33166
Phone: 305/266-9780
Facsimile: 305/269-8311
Email: duranandassociates@gmail.com
DEPLOYED SERVICES: Rodriguez Labor Suit Removed to S.D. Calif.
--------------------------------------------------------------
The case styled MICHAEL RODRIGUEZ, individually, and on behalf of
other members of the general public similarly situated, Plaintiff
v. DEPLOYED SERVICES, LLC, a Nevada limited liability company;
DEPLOYED RESOURCES, LLC, a New York limited liability company; and
DOES 1 through 10, inclusive, Defendants, Case No. 25CU033792C, was
removed from the Superior Court of the State of California for the
County of San Diego to the United States District Court for the
Southern District of California on July 30, 2025.
The District Court Clerk assigned Case No. 3:25-cv-01936-BEN-BLM to
the proceeding.
The complaint alleges 10 causes of action against Defendants, for:
(1) failure to pay all overtime wages; (2) failure to pay minimum
wages; (3) failure to provide meal periods; (4) failure to provide
rest periods; (5) wage statement violations; (6) failure to timely
pay wages upon termination; (7) failure to timely pay wages during
employment; (8) failure to reimburse business expenses; (9)
unlawful business practices; and (10) unfair business practices.
Deployed Services, LLC is a Nevada limited liability company.[BN]
The Defendants are represented by:
Andrew M. Paley, Esq.
Ashley D. Stein, Esq.
Katherine R. Farr, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: (310) 277-7200
Facsimile: (310) 201-521
E-mail: apaley@seyfarth.com
astein@seyfarth.com
kfarr@seyfarth.com
DEXTER-RUSSELL: Williams Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Darnell Williams, on behalf of himself and all others similarly
situated v. Dexter-Russell, Inc., Case No. 1:25-cv-08857 (N.D.
Ill., July 29, 2025), is brought arising from the Defendant's
failure to design, construct, maintain, and operate their website
to be fully accessible to and independently usable by Plaintiff and
other blind or visually impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Finnleys Good Findings provides to their non-disabled
customers through https://dexter1818.com (hereinafter
"Dexter1818.com" or "the website"). The Defendant's denial of full
and equal access to its website, and therefore denial of its
products and services offered, and in conjunction with its physical
locations, is a violation of Plaintiff's rights under the Americans
with Disabilities Act (the "ADA").
Because the Defendant's website, Dexter1818.com, is not equally
accessible to blind and visually impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in the Defendant's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
Dexter-Russell provides to the public a website known as
Dexter1818.com which provides consumers with access to an array of
goods and services, including, the ability to view a variety of
kitchen tools, such as knives, seafood tools, utensils, sharpening
equipment, protective gear, cutting surfaces, and other
accessories.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Phone: (630)-478-0856
Email: achan@ealg.law
DMV PROTECTION: Fails to Pay Proper Wages, Rangels Alleges
----------------------------------------------------------
JONATHAN RANGEL, individually and on behalf of all other similarly
situated, Plaintiff v. DMV PROTECTION, LLC; and JOVAN VLADIC,
Defendants, Case No. 1:25-cv-01288 (E.D. Va., Aug. 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 Rangel was employed by the Defendants as a security
guard.
DMV Protection, LLC is a security company that provides security
personnel services to customers in Virginia, Maryland, and the
District of Columbia for protection. [BN]
The Plaintiff is represented by:
Timothy Coffield, Esq.
COFFIELD PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
Email: tc@coffieldlaw.com
- and -
Matt Dunn, Esq.
Jason Steuerwald, Esq.
GETMAN, SWEENEY & DUNN PLLC
260 Fair St.
Kingston, NY 12401
Telephone: (845) 255-9370
Facsimile: (845)255-8649
Email: mdunn@getmansweeney.com
DREAM TEAM: Watson Sues Over Unlawful Housing Discrimination
------------------------------------------------------------
Alexys Watson, an individual, and others similarly situated v.
DREAM TEAM REAL ESTATE CONSULTANTS, INC., a California corporation
doing business as Equity Union, ANNA APOSTOLOVA, an individual,
NICOLA SAYADIAN and ANAHID SAYADIAN, individuals, and DOES 1
through 100, inclusive, Case No. 25STCV22012 (Cal. Super. Ct., Los
Angeles Cty., July 25, 2025), is brought for damages and injunctive
relief arising from unlawful housing discrimination in violation of
California's Fair Employment and Housing Act (FEHA), Government
Code 12955 et seq.; the Unruh Civil Rights Act, and Negligence,
pursuant to Civil Codes.
The Plaintiff seeks to enforce her right to be free from
discriminatory treatment in housing opportunities on the basis of
lawful source of income, including participation in the federal
Housing Choice Voucher Program, commonly known as "Section 8."
The Defendants' refusal to engage with Plaintiff as a rental
applicant--specifically when Plaintiff asked, "Are you open to
Section 8 voucher holders?"" and Defendants responded, "I have to
ask the owners and get back to you" yet failed to provide any
updates constitutes unlawful housing discrimination in violation of
Government Code. The Fair Employment and Housing Act (FEHA)
prohibits housing providers, their agents, and brokers from denying
or discouraging tenancy based on a prospective tenant's use of
rental subsidies or participation in housing assistance programs.
Defendants' conduct, as alleged, reflects a discriminatory refusal
to consider Plaintiff solely on the basis of a lawful source of
income.
The Defendants conduct also violates Civil Code 51, the Unruh Civil
Rights Act, which guarantees all persons in California full and
equal accommodations, advantages, and privileges in business
establishments, including rental housing. Their statement and
refusal to rent based on Section 8 voucher use constitutes
arbitrary discrimination prohibited under the Act, says the
complaint.
The Plaintiff has participated in the Section 8 Housing Choice
Voucher Program administered by the Housing Authority of the City
of Los Angeles ("HACLA") since approximately 2009.
Equity Union acted as the listing real estate broker for the
residential real property.[BN]
The Plaintiff is represented by:
Alexander K. Robinson, Esq.
ROBINSON ZERMAY LLP
777 S. Alameda, Second Floor
Los Angeles, CA 90021
Phone: (213) 257-9299
Email: ak@robinsonzermay.com
info@robinsonzermay.com
EL MONTE: Blanco Sues Over Unpaid Minimum, Overtime Wages
---------------------------------------------------------
Roberto Morales Blanco, an individual and others similarly situated
v. EL MONTE COLLISION CENTER, CORP, a California Corporation;
MARGARITA RIOS, an individual; LUIS RIOS, an individual; and DOES 1
through 20, inclusive; Case No. 25STCV21964 (Cal. Super. Ct., Los
Angeles Cty., July 25, 2025), is brought against the Defendants'
violation of the Private Attorneys General Act ("PAGA") as a result
of the Defendants' failure to pay minimum wage; failure to
compensate for all hours worked; failure to pay overtime
compensation; failure to pay rest period compensation; failure to
pay meal period compensation; failure to furnish accurate wage and
hour statements; failure to pay wages upon discharge; statutory
penalties; failure to indemnify and illegal deductions from wages;
unfair competition.
The Defendants failed to provide Plaintiffs timely and complete
final pay upon separation. Plaintiff is informed and believes, and
based thereon alleges that Defendants controlled or affected the
working conditions, wages, working hours, scope and conditions of
employment of Plaintiff during Plaintiffs employment with
Defendants. Plaintiff alleges that California statutory,
decisional, and regulatory laws prohibit the conduct by Defendants,
and therefore Plaintiff has an entitlement to monetary relief on
the basis that Defendants violated such statutes, decisional law,
and regulations. Plaintiff alleges that Defendants failed to
compensate Plaintiff for all hours worked, missed, short, late,
and/or interrupted meal periods and/or rest breaks, says the
complaint.
The Plaintiff was employed by Defendants as an auto detailer and
general employee.
EL MONTE COLLISION CENTER, CORP. is an automobile repair business
operating in California.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
2600 W Olive Ave, Suite 549
Burbank, CA 91505
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
EMERSON'S SHOES: Website Inaccessible to the Blind, Pittman Says
----------------------------------------------------------------
DEBBIE PITTMAN, on behalf of herself and all others similarly
situated, Plaintiff v. Emerson's Shoes, Inc., Defendant, Case No.
1:25-cv-08910 (N.D. Ill., July 30, 2025) is a civil rights action
against Emerson's Shoes for its failure to design, construct,
maintain, and operate its website, https://simonsshoes.com, to be
fully accessible to and independently usable pursuant to the
Americans with Disabilities Act.
On May 13, 2025, the Plaintiff was looking for a pair of sandals
suitable for summer wear and discovered Simons Shoes website. She
asserts that simonsshoes.com contains access barriers that prevent
free and full use by her and blind persons using keyboards and
screen-reading software.
These barriers are pervasive and include, but are not limited to:
inaccurate landmark structure, inaccurate heading hierarchy,
inadequate focus order, ambiguous link texts, unclear labels for
interactive elements, lack of alt-text on graphics, inaccessible
drop-down menus, the lack of navigation links, the denial of
keyboard access for some interactive elements, redundant links
where adjacent links go to the same URL address, and the
requirement that transactions be performed solely with a mouse,
says the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in
Emerson's Shoes' policies, practices, and procedures to that its
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Emerson's Shoes, Inc. operates the website that offers sandals,
sneakers, clogs, boots, slippers, bags, hats, and other
products.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (844) 731-3343
E-mail: Dreyes@ealg.law
EMIRATES: Farah Seeks to Modify Pretrial Scheduling Order
---------------------------------------------------------
In the class action lawsuit captioned as FARAH et al., v. Emirates,
et al., Case No. 1:21-cv-05786-LTS-SN (S.D.N.Y.), the Plaintiffs
ask the Court to enter an order modifying the pretrial scheduling
order as follows:
1. Dispositive Pretrial Motions shall be served and filed on or
before 45 days following the Court's ruling on the
Plaintiffs' Motion for Class Certification; and
2. The Final Pretrial Conference shall be set for 180 days
following the Court's ruling on the Plaintiffs' motion for
class certification.
The parties intend to file Cross-Motions for Summary Judgment, but
believe that it would be most efficient, and the best use of court
and party resources, to brief such dispositive motions after
receiving a ruling on Plaintiffs' Motion for Class Certification.
Likewise, the parties believe that pre-trial filings will be most
efficient, and the best use of court and party resources, after
receiving a ruling on the Plaintiffs' Motion for Class
Certification.
The Plaintiffs filed a Motion for Class Certification on June 6,
2025.
A copy of the Plaintiffs' motion dated July 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FJVzdX at no extra
charge.[CC]
The Plaintiff is represented by:
Kirsten Scott, Esq.
RENAKER SCOTT LLP
505 Montgomery St., Suite 1125
San Francisco, CA 94111
Telephone: (415) 653-1733
Facsimile: (415) 727-5079
EXPRESS SCRIPTS: Elsalmi Sues Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Mohamed Elsalmi, on behalf of himself and others similarly situated
v. EXPRESS SCRIPTS HOLDING COMPANY, CIGNA CORPORATION, GALAXY
SYSTEMS INC., GALAXE HEALTHCARE SOLUTIONS, INC., and NAMTAL
INTERNATIONAL, INC., Case No. 1:25-cv-04182 (E.D.N.Y., July 29,
2025), is brought for misclassification as an independent
contractor under the Fair Labor Standards Act ("FLSA") and the New
York Labor Law ("NYLL"), failure to pay overtime wages under the
FLSA and NYLL, retaliation under the FLSA and the New York Labor
Law and failure to paytimely wages under the New York Labor Law and
against Defendants Express Scripts Holding Company and Cigna
Corporation for denial of ERISA benefits and unjust enrichment.
In October 2020, Plaintiff commenced work in Brooklyn, New York, as
a data base administrator for Defendants Express Scripts Holding
Company and/or Cigna Corporation ("Express Scripts/Cigna"). The
position was titled "PostgreSQL Database Administrator (DBA)" by
Express Scripts/Cigna. Plaintiff was misclassified as an
independent contractor while functioning as an employee. He did not
receive the pay and benefits that DBA employees performing his same
position at Express Scripts/Cigna received.
Indeed, the position of DBA at Express Scripts/Cigna is non-exempt,
and DBA employees receive overtime wages at time and a half for all
hours worked in excess of 40 hours per week. The Plaintiff
complained multiple times to Defendants that he was misclassified
and should be an employee of Express Scripts/Cigna, with overtime
pay and benefits. Plaintiff also filed a misclassification
complaint with the Department of Labor. Shortly after making his
internal complaints and filing his Department of Labor complaint,
Plaintiff was terminated by Defendants, says the complaint.
The Plaintiff worked for the Defendants.
Express Scripts Holding Company is a pharmacy benefits
manager.[BN]
The Plaintiff is represented by:
Catherine E. Anderson, Esq.
GISKAN SOLOTAROFF & ANDERSON LLP
1 Rockefeller Plaza, 8th Floor
New York, NY 10020
Phone: (212) 847-8315
Email: canderson@gslawny.com
FASHION BRAND COMPANY: Lopez Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Victor Lopez, on behalf of himself and all other persons similarly
situated v. FASHION BRAND COMPANY INC., Case No. 1:25-cv-06246
(S.D.N.Y., July 28, 2025), is brought against the Defendant for its
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by the Plaintiff
and other blind or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://www.fashionbrandcompany.com/, including all portions
thereof or accessed thereon (collectively, the "Website" or
"Defendant's Website"), is not equally accessible to blind and
visually-impaired consumers, it violates the ADA. Plaintiff seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that Defendant's Website
will become and remain accessible to blind and visually-impaired
consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
FASHION BRAND COMPANY INC., operates the Fashion Brand Company
online retail store, as well as the Fashion Brand Company
interactive Website and advertises, markets, and operates in the
State of New York and throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: Michael@Gottlieb.legal
Danalgottlieb@aol.com
Jeffrey@gottlieb.legal
FERRELLGAS INC: Casarez Suit Removed to N.D. California
-------------------------------------------------------
The case captioned as Alex Casarez individually and on behalf of
all others similarly situated v. FERRELLGAS, INC.; FERRELLGAS L.P.;
BLUE RHINO, INC.; and DOES 1-50, inclusive, Case No. 25CV02051 was
removed from the Superior Court of the State of California for the
County of Mendocino, to the United States District Court for
Northern District of California on July 25, 2025, and assigned Case
No. 3:25-cv-06279.
In the Complaint, Plaintiff asserts the following causes of action:
Failure to Pay Wages for All Hours Worked At Minimum Wage in
Violation of Labor Code Sections 1194 and 1197; Failure to
Authorize Or Permit Meal Periods in Violation of Labor Code
Sections 512 and 226.7; Failure to Authorize or Permit Rest Periods
in Violation of Labor Code Section 226.7; Failure to Timely Pay All
Earned Wages and Final Paychecks Due at Separation of Employment in
Violation of Labor Code Sections 201, 202, and 203; Failure to
Provide Complete and Accurate Wage Statements in Violation of Labor
Code Section 226; Failure to Indemnify Necessary Business Expenses
in Violation of Labor Code Section 2802; and Unfair Business
Practices in Violation of Business and Professions Code Sections
17200.[BN]
The Defendants are represented by:
Nicky Jatana, Esq.
Trevor R. Witt, Esq.
Kris Khodaverdian, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Nicky.Jatana@jacksonlewis.com
Trevor.Witt@jacksonlewis.com
Kris.Khodaverdian@jacksonlewis.com
FERRELLGAS INC: Lyskoski Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Carlie Lyskoski, Kendall Hill, Michele
Tucker, and Taylor Ambroisno, individually and on behalf of all
others similarly situated v. CONTINENTAL MILLS, INC., Case No.
25CV01765 was removed from the Superior Court of the State of
California, County of Santa Cruz, to the United States District
Court for Northern District of California on July 25, 2025, and
assigned Case No. 3:25-cv-06291.
Based on these allegations, Plaintiffs bring claims on behalf of
putative classes of California, New York, and "Nationwide"
consumers under the Consumer Legal Remedies Act, Unfair Competition
Law, and New York General Business Laws and for breach of express
warranty.[BN]
The Defendants are represented by:
Jacob M. Harper, Esq.
Heather F. Canner, Esq.
Daniel H. Leigh, Esq.
Brandon M. Stoffers, Esq.
DAVIS WRIGHT TREMAINE LLP
350 South Grand Avenue, 27th Floor
Los Angeles, CA 90071
Phone: (213) 633-6800
Facsimile: (213) 633-6899
Email: jacobharper@dwt.com
heathercanner@dwt.com
danielleigh@dwt.com
brandonstoffers@dwt.com
FINASTRA TECHNOLOGY: Fails to Secure Personal Info, Merideth Says
-----------------------------------------------------------------
BENJAMIN MERIDETH, individually and on behalf of all others
similarly situated v. FINASTRA TECHNOLOGY, INC., Case No.
6:25-cv-01497 (M.D. Fla., Aug. 6, 2025) seeks to hold the Defendant
responsible for the injuries Finastra inflicted on Plaintiff and
over 800,000 others due to the Defendant's egregiously inadequate
data security, which resulted in the private information of
Plaintiff and those similarly situated to be exposed to
unauthorized third parties.
According to the complaint, the data that Finastra exposed to the
public is unique and highly sensitive. For one, the exposed data
included personal identifying information, like names, Social
Security numbers, and dates of birth.
The Plaintiff and Class Members provided this information to
Finastra with the understanding that Finastra would keep that
information private in accordance with both state and federal laws.
At various times between October 31, 2024, and November 8, 2024, a
threat actor accessed the Private Information of Plaintiff and
Class Members. Finastra disregarded the rights of Plaintiff and
Class Members by intentionally, willfully, recklessly, and/or
negligently failing to implement reasonable measures to safeguard
Private Information and by failing to take necessary steps to
prevent unauthorized disclosure of that information, the suit says.
The Plaintiff and Class Members provided their Private Information
to Finastra as a requirement to obtain financial services and
products from Defendant.
Finastra is a fintech company that provides various financial
services.[BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Ronald Podolny, Esq.
Antonio Arzola, Jr., Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 275-5272
Facsimile: (813) 222-4736
FINASTRA TECHNOLOGY: T.H. Sues Over Data Breach
-----------------------------------------------
T.H., individually and on behalf of all others similarly situated
v. FINASTRA TECHNOLOGY, INC., and BANK OF AMERICA CORPORATION, and
JP MORGAN CHASE BANK, N.A., Case No. 6:25-cv-01426-RBD-RMN (M.D.
Fla., July 29, 2025), is brought on behalf of all persons who
entrusted Defendants with sensitive Personally Identifiable
Information ("PII1" or "Private Information") that was impacted in
a data breach Defendant disclosed in June 2025 (the "Data Breach"
or the "Breach").
The Defendant Finastra's misconduct – failing to implement
adequate and reasonable measures to protect Plaintiff and Class
Members' Private Information, failing to timely detect the Data
Breach, failing to take adequate steps to prevent and stop the Data
Breach, failing to disclose the material facts that it did not have
adequate security practices in place to safeguard the Private
Information, and failing to provide timely and adequate notice of
the Data Breach – caused substantial harm and injuries to
Plaintiff and Class Members across the United States.
Due to Defendants' negligence and failures, cyber criminals
obtained and now possess everything they need to commit personal
identity theft and wreak havoc on the financial and personal lives
of thousands of individuals, for decades to come
The Plaintiff brings this class action lawsuit to hold Defendants
responsible for their grossly negligent—indeed,
reckless—failure to use statutorily required or reasonable
industry cybersecurity measures to protect Class Members' Private
Information, says the complaint.
The Plaintiff provided their Private Information to Defendants.
Finastra Technology, Inc., is a financial software company that
provides solutions to banks, lenders, and other financial
institutions.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL 33131
Phone: (866) 252-0878
Email: mweekes@milberg.com
- and -
Maureen M. Brady, Esq.
MCSHANE AND BRADY LLC
4006 Central Street
Kansas City, MO 64111
Phone: (816) 888-8010
Email: mbrady@mcshanebradylaw.com
FIVE MILL: Kreisler Sues Over Unlawful Architectural Barriers
-------------------------------------------------------------
Todd Kreisler, individually and on behalf of all others similarly
situated v. FIVE MILL ENTERPRISES LLC and JOHN DOE d/b/a HEAVENLY
MARKET, Case No. 1:25-cv-06237 (S.D.N.Y., July 29, 2025), is
brought for violations of Title III of the Americans with
Disabilities Act (hereinafter "ADA"), New York State Civil Rights
Law, New York State Human Rights Law and New York City Human Rights
Law as a result of the Defendants' unlawful architectural
barriers.
Despite the unequivocal mandate of the ADA which has been in place
for more than 3 decades, Defendants have elected to disregard their
legal obligation to remove existing unlawful architectural barriers
at its public accommodation. This deliberate indifference
constitutes an ongoing policy and practice that systemically denies
Plaintiff, and all other individuals who use wheelchairs or
scooters due to disabilities, equal access to and full enjoyment of
Defendants' facilities. As a result, Plaintiff and similarly
situated individuals are unjustly excluded from the benefits,
privileges, and services that the public accommodation is required
to provide under the law, says the complaint.
The Plaintiff is substantially limited in walking and uses a
motorized wheelchair for mobility.
Five Mill Enterprises LLC is owner of the commercial property which
houses a public accommodation named Heavenly Market.[BN]
The Plaintiff is represented by:
James E. Bahamonde, Esq.
LAW OFFICES OF JAMES E. BAHAMONDE, P.C.
Phone: (646) 290-8258
Fax: (646) 435-4376
Email: James@CivilRightsNY.com
FLIX ENTERTAINMENT: Faces Paicely Suit Over Bait-and-Switch Ads
---------------------------------------------------------------
ANGELA PAICELY and CARRIE SMITH, on behalf of themselves and all
others similarly situated v. FLIX ENTERTAINMENT, LLC, d/b/a FLIX
BREWHOUSE, Case No. 1:25-cv-01568-RLY-MG (S.D. Ind., Aug. 6, 2025)
arises from the Defendant's alleged bait and switch advertising
conduct.
The Plaintiffs both purchased tickets to movie screenings at one of
Flix's movie theaters through its website. The prices of these
tickets were misleadingly and unlawfully advertised as lower than
the total prices. The Plaintiffs would pay after Flix smuggled in
its junk fees just as they were completing the transactions, says
the suit.
On their own behalf and on behalf of all other similarly injured
consumers, the Plaintiffs bring this action to remedy the injuries
Flix's dishonest business practices have caused.
FLIX ENTERTAINMENT, LLC is a company that operates cinema
breweries.[BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Ian R. Bensberg, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenmalad.com
ibensberg@cohenmalad.com
FLORA 247 INC: Bowman Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Tanisia Bowman, on behalf of herself and all others similarly
situated v. Flora 247, Inc., Case No. 1:25-cv-08861 (N.D. Ill.,
July 29, 2025), is brought arising from the Defendant's failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services the
Defendant provides to their non-disabled customers through
https://www.giftexpress.com (hereinafter "Giftexpress.com" or "the
website"). The Defendant's denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA").
Because Defendant's website, Giftexpress.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in the Defendant's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
Flora 247 provides to the public a website known as Giftexpress.com
which provides consumers with access to an array of goods and
services, including, the ability to view a wide range of fragrance
and personal care products, including perfumes, deodorants, body
sprays, scented lotions, and gift sets.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP PLLC
68-29 Main Street,
Flushing, NY 11367
Phone: (844) 731-3343
Email: achan@ealg.law
FLYWIRE CORP: Faces Hickman Suit Over 37.36% Drop in Share Price
----------------------------------------------------------------
COLE HICKMAN, individually and on behalf of all others similarly
situated, Plaintiff v. FLYWIRE CORPORATION, MICHAEL MASSARO, COSMIN
PITIGOI, MICHAEL ELLIS, and ROB ORGEL, Defendants, Case No.
1:25-cv-04110 (E.D.N.Y., July 25, 2025) is a federal securities
class action on behalf of the Plaintiff and a class consisting of
all persons and entities other than Defendants that purchased or
otherwise acquired Flywire securities between February 28, 2024 and
February 25, 2025, both dates inclusive, seeking to recover damages
caused by Defendants' violations of the federal securities laws and
to pursue remedies under the Securities Exchange Act of 1934 and
Rule 10b-5 promulgated thereunder, against the Company and certain
of its top officials.
Throughout the Class Period, the Defendants made materially false
and misleading statements regarding the Company's business,
operations, and prospects. Specifically, the Defendants made false
and/or misleading statements and/or failed to disclose that: (i)
the strength and sustainability of Flywire's revenue growth was
overstated; (ii) the negative impact that permit- and visa-related
restrictions were having and were likely to have on Flywire's
business was understated; and (iii) as a result, Defendants' public
statements were materially false and misleading at all relevant
times.
On February 25, 2025, Flywire issued a press release announcing its
fourth quarter and FY 2024 financial results. Therein, for Q4 2024,
the Company reported a loss per share of $0.12, missing consensus
estimates by $0.12, and revenue of $117.6 million, missing
consensus estimates by $1.25 million. The same day, Flywire held a
conference call with investors and analysts to discuss its Q4 and
FY 2024 results. During the call, the Defendants revealed that the
Company's business in the education sector had significantly
deteriorated due to worsening permit- and visa-related headwinds,
including "double digit declines in student visa issuance in our
big four geographic markets," with "continued visa policy
restrictions" anticipated in 2025.
Following the foregoing disclosures and analyst downgrades and PT
cuts, Flywire's voting common stock price fell $6.59 per share, or
37.36%, to close at $11.05 per share on February 26, 2025.
As a result of 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.
Flywire Corporation, together with its subsidiaries, operates as a
payments-enablement and software company in the U.S. and
internationally.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
James M. LoPiano, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
jlopiano@pomlaw.com
- and -
Brian Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 90067
Telephone: (424) 303-1964
E-mail: brian@schallfirm.com
FORTUNE BRANDS: Jauregui Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against LA Perla Del Mar,
Inc. The case is styled as Rosa D. Jauregui, an individual, on
behalf of herself and all similarly situated employee v. FORTUNE
BRANDS INNOVATIONS GROUP INC., DONOGHUE HIRANDA, FINK NICHOLAS,
YU-DEH LEI MIKE, Case No. 25STCV22242 (Cal. Super. Ct., Los Angeles
Cty., July 25, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Fortune Brands Innovations, Inc. -- https://www.fbin.com/ -- is an
American manufacturer of home and security products, headquartered
in Deerfield, Illinois.[BN]
The Plaintiff is represented by:
Michael Charles Robinson, Jr., Esq.
Orion S. Robinson, Esq.
ROBINSON DILANDO A PLC
801 S Grand Ave., Ste. 500
Los Angeles, CA 90017-4633
Phone: 213-229-0100
Email: mrobinson@rdwlaw.com
orobinson@rdwlaw.com
FOURSQUARE LABS: Milito Balks at Postings' Undisclosed Wage Scale
-----------------------------------------------------------------
JOHN MILITO, individually and on behalf of all others similarly
situated, Plaintiff v. FOURSQUARE LABS, INC., a foreign profit
corporation doing business as FOURSQUARE; and DOES 1-20, as yet
unknown Washington entities, Defendants, Case No. 25-2-21789-2 SEA
(Wash. Super., July 25, 2025) is a class action lawsuit to remedy
Defendant's ongoing violation of Plaintiff and Class members' civil
rights.
This is a class action on behalf of individuals who applied to job
openings with Defendant where the postings did not disclose the
wage scale or salary range and a general description of all of the
benefits and other compensation to be offered to the hired
applicant in direct violation of RCW 49.58.110.
The Plaintiff and Class members seek injunctive relief to address
Defendant's refusal to disclose in postings the wage scale or
salary range and a general description of all of the benefits and
other compensation to be offered to the hired applicant, and
statutory damages pursuant to RCW 49.58.070 and RCW 49.58.110.
Plaintiff Milito resides in King County, Washington and applied for
a position with Defendant in the state.
Foursquare Labs, Inc. is a foreign profit corporation doing
business as Foursquare.[BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
Hannah M. Hamley, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
Facsimile: (206) 441-9711
E-mail: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
FREEZING POINT: Magrans Sues Over Unpaid Wages, Retaliation
-----------------------------------------------------------
Armando Magrans, on behalf of himself and other similarly situated
individuals, Plaintiff v. Freezing Point Air Conditioning, LLC, and
Rafael Lamboy, individually, Defendants, Case No. 1:25-cv-23332-RAR
(S.D. Fla., July 25, 2025) is an action to recover monetary damages
for unpaid regular and overtime wages, and retaliation under the
Fair Labor Standards Act.
This action is brought on behalf of Plaintiff and all other
similarly situated current and former employees who, at any time on
or after February 2024, worked over 40 hours in one or more
workweeks without receiving proper compensation.
The Plaintiff repeatedly complained to owner Rafael Lamboy
regarding excessive hours and unpaid overtime. On or about February
13, 2025, the Defendants terminated Plaintiff's employment under
pretextual circumstances.
The Plaintiff worked as a driver and HVAC technician from February
1, 2024 to February 13, 2025, a period spanning 54 weeks.
Freezing Point A/C, is a business entity engaged in the provision
of commercial and residential air conditioning services, including
installation, repair, and maintenance.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
FUTURE HAPPENS: Pittman Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Debbie Pittman, on behalf of himself and all others similarly
situated v. The Future Happens Everyday, Inc., Case No.
1:25-cv-08858 (N.D. Ill., July 29, 2025), is brought arising from
the Defendant's failure to design, construct, maintain, and operate
their website to be fully accessible to and independently usable by
Plaintiff and other blind or visually impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Finnleys Good Findings provides to their non-disabled
customers through https://cairebeauty.com (hereinafter
"Cairebeauty.com" or "the website"). The Defendant's denial of full
and equal access to its website, and therefore denial of its
products and services offered, and in conjunction with its physical
locations, is a violation of Plaintiff's rights under the Americans
with Disabilities Act (the "ADA").
Because the Defendant's website, Cairebeauty.com, is not equally
accessible to blind and visually impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in the Defendant's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Future Happens Everyday provides to the public a website known
as Cairebeauty.com which provides consumers with access to an array
of goods and services, including, the ability to view
science-based, pro aging skincare products, including moisturizers,
serums, masks, sets and bundles.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Phone: (630)-478-0856
Email: achan@ealg.law
GEICO GENERAL: Nunez Sues Over Debt Collection Scheme
-----------------------------------------------------
Digna Nunez, and Carlos Nunez, on behalf of themselves and all
others similarly situated v. GEICO GENERAL INSURANCE COMPANY, a
Foreign Profit Corporation, GRAYROBINSON, P.A., a Florida Profit
Corporation, BENJAMIN LEFRANCOIS, and an individual, GARY RABIN, an
individual, Case No. 6:25-cv-01403 (M.D. Fla., July 25, 2025), is
brought targets a deliberately cruel debt collection scheme
designed to extort money from the working poor by unlawfully taking
away their right to drive.
For years, Defendants have been unlawfully suspending the driver's
licenses of low-income individuals who were fully compliant with
Florida's mandatory insurance requirements, causing severe economic
harm and hardship. Mr. Carlos Nunez and Mrs. Digna Nunez ("Mr. and
Mrs. Nunez) are among the victims of this unjust scheme. The fact
that this illegal scheme is carried out by Geico General Insurance
Company, one of the largest and most well-respected law firms based
in Florida makes it even more troubling. The Plaintiffs and members
of the class are generally made up of lower income individuals. As
a result of their limited income, they can only afford to carry the
minimum amount of auto insurance required by Florida law, says the
complaint.
The Plaintiff were judgment debtors to GEICO as a result of a 2012
automobile accident.
GEICO is one of the largest providers of auto insurance in the
United States.[BN]
The Plaintiff is represented by:
Jeffrey L. Newsome, II, Esq.
Brian W. Warwick, Esq.
Janet R. Varnell, Esq.
Christopher J. Brochu, Esq.
Pamela Levinson, Esq.
VARNELL & WARWICK, P.A.
400 N. Ashley Dr., Ste. 1900
Tampa, FL 33602
Phone: (352) 753-8600
Facsimile: (352) 504-3301
Email: jnewsome@vandwlaw.com
bwarwick@vandwlaw.com
jvarnell@vandwlaw.com
cbrochu@vandwlaw.com
plevinson@vandwlaw.com
ckoerner@vandwlaw.com
- and -
Irv Ackelsberg, Esq.
Mary Catherine Roper, Esq.
LANGER GROGAN & DIVER, P.C.
1717 Arch Street, Suite 4020
Philadelphia, PA 19103
Phone: (215) 320-5660
Fax: (215) 320-5703
Email: iackelsberg@langergrogan.com
mroper@langergrogan.com
GENTRY MOUNTAIN: Thomas Sues Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Duncan Thomas, individually and on behalf of all others similarly
situated v. Gentry Mountain Mining LLC, Case No. 2:25-cv-00622-DAK
(D. Utah, July 29, 2025), is brought under the Fair Labor Standards
Act, and the Portal-to-Portal Act (collectively, the "FLSA")
seeking damages for Defendant's failure to pay Plaintiff time and
one half-the regular rate of pay for all hours worked over 40 in
each seven-day workweek.
Specifically, Defendant requires the Plaintiff and other hourly
paid mining employees to suit into protective clothing and safety
gear (personal protective equipment, hereafter "PPE") necessary to
safely perform their job duties and travel into the mines also
known as "donning," while on mining premises without compensation,
prior to being "clocked in." Similarly, Defendant requires the
Plaintiff and other hourly paid mining employees to remove and
store PPE and wash up, also known as "doffing," without
compensation, or while "clocked out." This pre/post shift off the
clock work policy of Defendant's violates the FLSA by depriving the
Plaintiff and other hourly paid mining employees of overtime wages
when they work in excess of 40 hours in a workweek.
The Plaintiff routinely worked over 40 hours per workweek for
Defendant. The Plaintiff's weekly work schedule typically
encompassed at minimum 50 hours per workweek. However, Defendant
did not pay Plaintiff one and one-half times his regular rate of
pay for all hours worked over 40 during each workweek, says the
complaint.
The Plaintiff began working for Defendant in October 2021 and ended
his employment with Defendant on December 2024.
The Defendant is a corporation organized under the laws of the
State of Utah.[BN]
The Plaintiff is represented by:
Kass Harstad, Esq.
BIRCH HALLAM HARSTAD & JOHNSON, LLC
1516 W Hays St.
Boise, ID 83702
Phone: (801) 948-2550, ext. 215
Email: kass@idahojobjustice.com
- and -
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Phone: (214) 489-7653
Fax: (469) 319-0317
Email: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
GEO GROUP: Loses Summary Judgment v. Gonzalez
---------------------------------------------
In the class action lawsuit captioned as Hugo Gonzalez et al. v.
The Geo Group, Inc. et al., Case No. 2:22-cv-04014-JGB-SHK (C.D.
Cal.), the Hon. Judge Jesus Bernal entered an order as follows:
-- Denying the Defendant's motion for summary judgment;
-- Granting-in-part the Plaintiffs' motion for class
certification; and
-- Vacating the Aug. 25, 2025 hearing (in chambers).
The Court finds that both parties have articulated compelling
reasons to seal the requested documents. Accordingly, the Court
GRANTS the Applications.
On Sept. 23, 2024, the Plaintiffs filed a motion for class
certification.
On Nov. 11, 2024, the Defendant filed an Ex Parte Application for
Leave to file a Sur Reply to the Plaintiffs' Motion for Class
Certification.
The Plaintiffs seek to certify the following class:
"All immigration detainees housed at the Adelanto Detention
Facility in units 2D, 3B, 3C, and 3D on June 12, 2020 who
were either (1) subjected to the use of pepper spray or other
chemical force or other physical force that day; (2) denied
or restricted from showers, eyewash facilities or medical
care after that use of force; and/or (3) were placed on
lockdown continually for some period of time after June 12,
2020.
Alternatively, the Plaintiffs propose the following class:
"All immigration detainees housed at the Adelanto Detention
Facility in units 2D, 3B, 3C, and 3D on June 12, 2020 who
were either (1) subjected to the use of area saturation with
chemical agents; (2) denied or restricted from cold showers;
and/or (3) were placed on lockdown continually for some
period of time after June 12, 2020.
The Court certifies the following subclasses:
1. The 3B Class:
"All immigration detainees housed in Adelanto Detention
Facility, Unit 3B on June 12, 2020 who were (1) subjected to
the use of area saturation with pepper balls or pepper spray
and/or (2) were placed on lockdown continually for some
period of time after June 12, 2020.
2. The 3C Class:
"All immigration detainees housed in Adelanto Detention
Facility, Unit 3C on June 12, 2020 who were (1) subjected to
the use of area saturation with pepper balls or pepper spray
and/or (2) were placed on lockdown continually for some
period of time after June 12, 2020.
3. The 3D Class:
"All immigration detainees housed in Adelanto Detention
Facility, Unit 3D on June 12, 2020 who were (1) subjected to
the use of area saturation with pepper balls or pepper spray
and/or (2) were placed on lockdown continually for some
period of time after June 12, 2020.
Geo is a publicly traded C corporation that invests in private
prisons and mental health facilities.
A copy of the Court's order dated July 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=D29P27 at no extra
charge.[CC]
GOOSE CREEK: McCaskill Sues Over Products' False Discount Ads
-------------------------------------------------------------
Georgianne McCaskill, individually and on behalf of all others
similarly situated, Plaintiff v. Goose Creek Candles LLC,
Defendant, Case No. 5:25-cv-01924 (C.D. Cal., July 25, 2025) arises
from the Defendant's alleged violation of California's Unfair
Competition Law, Consumer Legal Remedies Act, and False Advertising
Law.
On its website, the Defendant lists purported regular prices and
offers steep discounts from listed regular prices, for example by
including the sale price in larger red font on top of the regular
price which is in smaller gray font or by striking through the
regular price. But Defendant does not sell its Goose Creek products
for the listed "Regular" or strikethrough price. The list prices
Defendant advertises are not actually Defendant's regular prices,
because Defendant's products are always available for much less
than that, asserts the complaint.
The representations Plaintiff McCaskill relied on were not true.
The purported regular price was not the true regular price that
Defendant sells the product for and the purported discount was not
the true discount. Had Defendant been truthful, the Plaintiff and
other consumers like her would not have purchased the products, or
would have paid less for them. The Plaintiff brings this case for
herself and the other California customers who purchased Goose
Creek products advertised at a purported discount, says the
complaint.
Goose Creek Candles LLC makes, markets, and sells candles, wax
melts, fragrances, lotions, creams, and other home fragrance and
body care products. The Products are sold online through its
website, www.goosecreekcandle.com. [BN]
The Plaintiff is represented by:
Jonas B. Jacobson, Esq.
Simon Franzini, Esq.
Vivek Kothari, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: jonas@dovel.com
simon@dovel.com
vivek@dovel.com
H&M FASHION: Daly Files TCPA Suit in S.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against H&M Fashion USA, Inc.
The case is styled as Tremayne Daly, individually and on behalf of
all others similarly situated v. H&M Fashion USA, Inc., Case No.
0:25-cv-61519-WPD (S.D. Fla., July 29, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
H&M -- https://www2.hm.com/ -- is your shopping destination for
fashion, home, beauty, kids' clothes and more.[BN]
The Plaintiff is represented by:
Zane Charles Hedaya, Esq.
Gerald Donald Lane, Jr., Esq.
Faaris Kamal Uddin, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: zane@jibraellaw.com
gerald@jibraellaw.com
faaris@jibraellaw.com
HEALTHMARKETS INSURANCE: Carr Sues Over Unsolicited Text Messages
-----------------------------------------------------------------
Justin Carr, individually and on behalf of all others similarly
situated v. HEALTHMARKETS INSURANCE AGENCY INC., Case No.
9:25-cv-80941-AMC (S.D. Fla., July 29, 2025), is brought against
the Defendant's violation of the Telephone Consumer Protection Act
of 1991 (the "TCPA") as a result of the Defendant's unsolicited
text messages.
To promote its goods and services, Defendant engages in unsolicited
text messages to consumers that have registered their telephone
numbers on the National Do Not Call Registry. Through this action,
Plaintiff seeks injunctive relief to halt Defendant's unlawful
conduct which has resulted in intrusion into the peace and quiet in
a realm that is private and personal to Plaintiff and the Class
members. Plaintiff also seeks statutory damages on behalf of
themselves and members of the Class, and any other available legal
or equitable remedies, says the complaint.
The Plaintiff is a natural person entitled to bring this action
under the TCPA, and a citizen and resident of Palm Beach County,
California.
The Defendant is a Delaware Corporation with its headquarters
located in North Richland Hills, Texas.[BN]
The Plaintiff is represented by:
Faaris K. Uddin, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: faaris@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
HELPING U HOMECARE: Faces Rose Suit Over Failure to Pay Overtime
----------------------------------------------------------------
STEPHON ROSE, individually and on behalf of all other persons
similarly situated, Plaintiff v. HELPING U HOMECARE, INC.,
Defendant, Case No. 1:25-cv-06260 (S.D.N.Y., July 30, 2025) is an
action seeking monetary, declaratory and injunctive relief to
redress Defendant's violations under the Fair Labor Standard Act
and the New York Labor Law.
The Defendant has willfully engaged in violations of the FLSA and
NYLL by: (a) failing to pay Plaintiff overtime compensation at one
and one-half times her regular rate of pay under the FLSA and NYLL
for time worked in excess of 40 hours in a workweek, and (b)
failing to provide Plaintiff with accurate wage statements in
violation of NYLL, asserts the complaint.
The Plaintiff was employed by Defendant as a home care employee on
two occasion. The most recent occasion ended in January or February
2024.
Helping U Homecare, Inc. is a licensed home care services agency
serving Bronx, Manhattan, Brooklyn, Queens, Staten Island, Long
Island (Nassau & Suffolk), and Westchester counties.[BN]
The Plaintiff is represented by:
Greg R. Mansell, Esq.
Rhiannon M. Crum, Esq.
MANSELL LAW, LLC
85 8th Ave., 6M
New York, NY 10011
Telephone: (646) 921-8900
E-mail: Greg@MansellLawLLC.com
Rhiannon@MansellLawLLC.com
HOPMONK TAVERN-SONOMA: Foster Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Hopmonk
Tavern-Sonoma, LLC, et al. The case is styled as Katelyn Foster,
individually, and on behalf of other similarly situated employees
v. Hopmonk tavern-sonoma, LLC, Hopmonk Holdings, LLC, Case No.
CV0006887 (Cal. Super. Ct., Marin Cty., July 9, 2025).
The case type is stated as "Other Employment for Civil Unlimited."
Hopmonk Tavern-Sonoma, LLC -- https://www.hopmonk.com/sonoma -- is
an eclectic restaurant.[BN]
The Plaintiff is represented by:
Sage S. Stone, Esq.
BLACKSTONE LAW PC
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-622-4278
HUMANA INC: Carr Files TCPA Suit in W.D. Kentucky
-------------------------------------------------
A class action lawsuit has been filed against Humana Inc. The case
is styled as Kimberly Carr, individually and on behalf of all
others similarly situated v. Humana Inc., Case No.
3:25-cv-00476-DJH (W.D. Ky., July 29, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Humana Inc. -- https://www.humana.com/ -- is an American
for-profit health insurance company based in Louisville,
Kentucky.[BN]
The Plaintiff is represented by:
Andrew R. Perrong, Esq.
PERRONG LAW LLC
2657 Mt. Carmel Ave
Glenside, PA 19038
Phone: (215) 225-5529
Fax: (888) 329-0305
Email: a@perronglaw.com
HUNDREDS PREMIUM: I.P. Files Suit in S.D. California
----------------------------------------------------
A class action lawsuit has been filed against Hundreds Premium LLC,
et al. The case is styled as I.P., J.M., individually on behalf of
themselves and on behalf of all others similarly situated v.
Hundreds Premium LLC doing business as: Exotic Blue Magic, Does
1-50, inclusive, Case No. 3:25-cv-01923-DMS-SBC (S.D. Cal., July
29, 2025).
The nature of suit is stated as Other Fraud.
Hundreds Premium LLC -- https://www.hundredspremium.com/ --
specializes in the production of natural health products, including
kratom and pain relief solutions.[BN]
The Plaintiff is represented by:
Scott Gregory Braden, Esq.
Todd D. Carpenter, Esq.
LYNCH CARPENTER, LLP
9171 Towne Centre Drive, Suite 180
San Diego, CA 92122
Phone: (619) 762-1910
Fax: (858) 313-1850
Email: scott@lcllp.com
todd@lcllp.com
JASON ADER: Barnes Suit Removed to D. Nebraska
----------------------------------------------
The case captioned as Kevin Barnes, directly on behalf of himself
and all other similarly-situated Class A stockholders v. JASON
ADER, JOHN K. LEWIS, RAFAEL ASHKENAZI, JOSEPH KAMINKOW, GREGORY S.
LYSS, J. RANDALL WATERFIELD, 26 CAPITAL HOLDINGS LLC, RIMU CAPITAL
LTD., SPRINGOWL ASSET MANAGEMENT LLC, ALEXANDER EISEMAN, CHRISTIAN
LITTLEJOHN ZAMA CAPITAL ADVISORS, LT, and ZAMA CAPITAL MASTER FUND,
LP, Case No. 2025-0273-JTL was removed from the District Court for
the State of Nebraska for the County of Douglas, to the United
States District Court for District of Nebraska on July 25, 2025,
and assigned Case No. 1:2S-cv-00931-UNA.
On July 11, 2025, 26 Capital Acquisition Corp. ("Debtor" or
"SPAC"), filed a voluntary petition for relief ("Petition") under
Chapter II of Title II of the United States Code (the "Bankruptcy
Code") in the United States Bankruptcy Court for the District of
Delaware, in the above captioned case (the "Bankruptcy Case").[BN]
The Defendants are represented by:
Scott D. Cousins, Esq.
Sean M. Brennecke, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
SOO Delaware Avenue, Suite 700
WI Imington, DE 19801
Phone: (302) 985-6000
Email: scott.cousins@lewisbrisbois.com
sean.brennecke@lewisbrisbois.com
- and -
Gregory A. Blue, Esq.
LACHTMAN COHEN & BELOWICH LLP
1133 Westchester Ave., Suite N-200
White Plains, NY 10604
Phone: (914) 505-6654
Email: gblue@lcb-lawcom
JOHNSON & JOHNSON: Carefirst Seeks Leave to File Rely Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as CAREFIRST OF MARYLAND,
INC., GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC., and
CAREFIRST BLUECHOICE, INC., on behalf of themselves and all others
similarly situated, v. JOHNSON & JOHNSON and JANSSEN BIOTECH, INC.,
Case No. 2:23-cv-00629-JKW-LRL (E.D. Va.), the Plaintiffs ask the
Court to enter an order granting motion for leave to file under
seal portions of reply memorandum in support of their motion for
class certification and exhibits.
The Plaintiffs ask the Court to maintain Exhibits 1, 2, 7 and 8 and
the redacted portions of 3 and 6 and the Plaintiffs' Reply under
seal.
Johnson is an American multinational pharmaceutical, biotechnology,
and medical technologies corporation.
A copy of the Plaintiffs' motion dated July 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CZhJJT at no extra
charge.[CC]
The Plaintiffs are represented by:
William H. Monroe, Jr., Esq.
Marc C. Greco, Esq.
Kip A. Harbison, Esq.
Michael A. Glasser , Esq.
GLASSER AND GLASSER, P.L.C.
Crown Center, Suite 600
580 East Main Street
Norfolk, VA 23510
Telephone: (757) 625-6787
E-mail: bill@glasserlaw.com
marcg@glasserlaw.com
kip@glasserlaw.com
michael@glasserlaw.com
- and -
Thomas M. Sobol, Esq.
Hannah W. Brennan, Esq.
Abbye R. K. Ognibene, Esq.
Whitney E. Street, Esq.
Rebekah Glickman-Simon, Esq.
Audley Fuller, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
One Faneuil Hall Square, 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
E-mail: tom@hbsslaw.com
hannahb@hbsslaw.com
abbyeo@hbsslaw.com
whitneyst@hbsslaw.com
rebekahgs@hbsslaw.com
audleyf@hbsslaw.com
- and -
Peter D. St. Phillip, Esq.
Uriel Rabinovitz, Esq.
Raymond Girnys, Esq.
Noelle Ruggiero, Esq.
Alexis Castillo, Esq.
Thomas K. Griffith, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
E-mail: PStPhillip@lowey.com
URabinovitz@lowey.com
RGirnys@lowey.com
NRuggiero@lowey.com
ACastillo@lowey.com
TGriffith@lowey.com
- and -
John Radice, Esq.
April Lambert, Esq.
Kenneth Pickle, Esq.
Charles Kopel, Esq.
RADICE LAW FIRM, P.C.
475 Wall Street
Princeton, NJ 08540
Telephone: (646) 245-8502
E-mail: jradice@radicelawfirm.com
alambert@radicelawfirm.com
kpickle@radicelawfirm.com
ckopel@radicelawfirm.com
KIM KOVOL: Court Excludes Untimely Identified Witnesses
-------------------------------------------------------
In the class action lawsuit captioned as MARY B., et al., v. KIM
KOVOL, Director, Alaska Department of Family and Community
Services, in her official capacity, et al., Case No.
3:22-cv-00129-SLG (D. Alaska), the Hon. Judge Sharon L. Gleason
entered an order granting the Defendants' motion to exclude
untimely identified witnesses:
-- Mr. Jaime, Mr. Gara, Ms. Harbi, Ms. Stone, and Ms. Tesson are
Stricken from the Plaintiff's Second Amended Witness List. The
Plaintiffs shall not include Mr. Jaime, Mr. Gara, Ms. Harbi,
Ms. Stone, or Ms. Tesson on their final trial witness list.
The Court finds that Plaintiffs have not met their burden to show
that their failure to timely identify any of the five contested
witnesses is substantially justified or harmless.
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=URYkyv at no extra
charge.[CC]
KIM KOVOL: Loses Bid for Summary Judgment v. Mary B.
----------------------------------------------------
In the class action lawsuit captioned as MARY B., et al., v. KIM
KOVOL, Director, Alaska Department of Family and Community
Services, in her official capacity, et al., Case No.
3:22-cv-00129-SLG (D. Alaska), the Hon. Judge Sharon L. Gleason
entered an order granting the Defendants' motion to supplement, and
denying the Defendants' motion for summary judgment on counts six
and seven.
In sum, the Court finds that M.R. remains binding on this Court and
disputes of material fact remain as to whether OCS policies and
practices place children in the ADA Subclass at a serious risk of
unnecessary institutionalization.
In this class action, the Plaintiffs seek wide-ranging reform of
Alaska's foster care system, administered by Alaska’s Office of
Children's Services ("OCS"), alleging that the system harms the
children it is designed to protect and violates the Plaintiffs'
federal rights.
The Plaintiffs bring claims on behalf of themselves and on behalf
of a class consisting of
"All children for whom OCS has or will have legal
responsibility and who are or will be in the legal and
physical custody of OCS."
In addition, the Court has certified an ADA Subclass, comprised
of:
"children who are or will be in foster care and experience
physical, cognitive, and psychiatric disabilities."
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PhqFex at no extra
charge.[CC]
KLAVIYO INC: Nguyen Sues Over Data Privacy Violations
-----------------------------------------------------
QUI NGUYEN, individually and on behalf of all others similarly
situated, Plaintiff v. KLAVIYO, INC., Defendant, Case No.
5:25-cv-06551-VKD (N.D. Cal., Aug. 4, 2025) alleges violation of
the California Invasion of Privacy Act.
The Plaintiff alleges in the complaint that Klaviyo surreptitiously
collects information on the products consumers are browsing and
purchasing in real time. Klaviyo collects a consumer's website
activity information such as the product name, product price,
product category, URL corresponding with the product image, and the
descriptive web page URL. The descriptive URLs reveal product names
and other product information. Klaviyo also collects the search
terms that a consumer inputs into the search bar on a website, says
the suit.
Klaviyo, Inc. provides e-marketing solutions. The Company offers
marketing automation and email platform which enables users to
access, store, analyze, and use transactional and behavioral data
to power highly-targeted email and advertising campaigns. Klaviyo
serves customers worldwide. [BN]
The Plaintiff is represented by:
Heather M. Lopez, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive-Penthouse
Beverly Hills, CA 90212
Telephone: (865) 247-0080
Email: hlopez@milberg.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
KRISPY KREME: Campbell Sues Over Failure to Safeguard PII
---------------------------------------------------------
Breanna Campbell, individually and on behalf of all others
similarly situated v. KRISPY KREME DOUGHNUT CORPORATION, Case No.
3:25-cv-00555 (W.D.N.C., July 29, 2025), is brought against the
Defendant for its failure to properly secure and safeguard
Plaintiff's and other similarly situated current and former
employees' ("Class Members") sensitive information, including
names, Social Security numbers, dates of birth, driver's license or
state ID numbers, financial account information, financial account
access information, credit or debit card information, credit or
debit card information in combination with a security code,
username and password to a financial account, passport number,
digital signature, username and password, email address and
password, USCIS or Alien Registration Number, and/or US military ID
numbers (collectively personally identifiable information
("PII")).
While employed by Krispy Kreme, Plaintiff and Class Members are
required to provide Defendant with their Private Information and/or
the Private Information of their family members. Because of this,
Krispy Kreme has a duty to secure, maintain, protect, and safeguard
the Private Information that it collects and stores against
unauthorized access and disclosure through reasonable and adequate
data security measures.
Despite Krispy Kreme's duty to safeguard the Private Information of
its current and previous employees, and/or their family members,
Plaintiff and Class Members' Private Information was compromised in
a data breach when, on November 29, 2024, Defendant became "aware
of unauthorized activity on a portion of its information technology
systems" (the "Data Breach").
The data breach occurred in part because Krispy Kreme stored
Plaintiff's and Class Members' Private Information in an
unencrypted, Internet-accessible environment. After Krispy Kreme
discovered the Data Breach in November 2024, it conducted an
investigation which concluded on May 22, 2025, "that certain
personal information was affected." Despite learning about the
breach in November of 2024, Krispy Kreme waited until June of 2025
to begin notifying impacted individuals of the unauthorized access.
As a direct and proximate result of Defendant's failure to
implement and follow basic security procedures, Plaintiff's and
Class Members' Private Information is now exposed to
cybercriminals, says the complaint.
The Plaintiff is a former employee of Defendant, having worked for
Defendant in 2021.
Krispy Kreme is an internationally known doughnut and coffee-house
chain.[BN]
The Plaintiff is represented by:
Ryan A. Valente, Esq.
POULN WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Phone: 803-222-2222
Email: teamvalente@poulinwilley.com
cmad@poulinwilley.com
- and -
Gary F. Lynch, Esq.
Gerald D. Wells, III, Esq.
LYNCH CARPENTER, LLP
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Phone: 412-322-9243
Email: gary@lcllp.com
jerry@lcllp.com
LA PERLA DEL MAR: Perez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against LA Perla Del Mar,
Inc. The case is styled as Ricardo Perez, on behalf of himself and
others similarly situated v. LA Perla Del Mar, Inc. doing business
as La Perla Restaurant, Case No. 25STCV22135 (Cal. Super. Ct., Los
Angeles Cty., July 25, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
LA Perla Del Mar, Inc. doing business as La Perla Restaurant --
https://laperla.gg/ -- is a dining establishment known for its
homemade Italian cuisine and elegant atmosphere.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
LEADEC CORP: Simon Sues to Remedy Sex Discrimination
----------------------------------------------------
Amanda Meyer Simon, Cheryl Sronce, Lytishia Jones, Tracey Edwards,
Leanna Hill, Sarah Jackson, Jessica Mcglown, Lisa Trent, Sarah
Ward, Rita Collins (as personal representative for her daughter,
Rita Williams), Robn Rabis, on behalf of themselves and all others
similarly situated v. LEADEC CORP., Case No. 4:25-cv-01144 (E.D.
Mo., July 29, 2025), is brought to remedy sex discrimination and
retaliation in employment at Leadec Corporation in Wentzville,
Missouri at the General Motors (GM) plant--in violation Of Title
VII of the Civil Rights Act Of 1964.
During the time period relevant to this lawsuit, Leadec employed
hundreds of women in Wentzville, Missouri at the GM plant, each of
whom was exposed to a sexually hostile work environment.
Accordingly, the potential class-size is far too numerous for
joinder to be practical. Accordingly, plaintiffs seek to certify a
single class of women who were employed by Leadec in Wentzville,
Missouri at the GM plant at any time from Summer 2011 through Fall
2022 in two subclasses: bargaining unit custodial employees and
on-site non-bargaining unit employees.
The Defendant was aware of this harassment. The harassment was open
and obvious and local management participated. Moreover, class
members made hotline complaints about it. Despite being on notice
of pervasive problems of sexual harassment Defendant failed to
address such unlawful sexual harassment and the company culture
that enabled it. Defendant paid lip service to training its Staff
but did nothing to assure such training actually took place or
actually succeeded in preventing harassment. Defendant's on-site
and corporate managers did not respond promptly and adequately to
harassment complaints and Leadec did nothing to hold accountable
those managers who allowed harassment to flourish.
Despite Defendant's knowledge Of the harassment that class members
suffered daily at the Wentzville GM plant did not take steps
reasonably calculated to curtail it., says the complaint.
The Plaintiffs worked as industrial custodians for Leadec and its
predecessors/successors at the Wentzville, Missouri General Motors
plant.
Leadec Corp. is an international industrial services company based
in Germany, with Ohio as its principal state of business in the
United States.[BN]
The Plaintiff is represented by:
Sherrie A. Hall Esq.
WORKERS RIGHTS LAW FIRM LLC
2258 Grissom Drive
St. Louis, MO 63146
Phone: (314) 824-0348
Fax: (314) 828-1029
- and -
Larry Bagsby, Esq.
THE BAGSBY LAW FIRM LLC
119 S. Main Street
St. Charles, MO 63301
Phone: (636) 244-5595
LEVEL 8 GROUP: Cole Suit Alleges Blind-Inaccessible Website
-----------------------------------------------------------
HARON COLE on behalf of herself and all other persons similarly
situated v. Level 8 Group Corp, Case No. 1:25-cv-09327 (N.D. Ill.,
Aug. 6, 2025) alleges that Canali failed to design, construct, and
operate its website, Level8cases.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons in violation of Plaintiff's rights under
the Americans with Disabilities Act.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered, and in
conjunction with its physical locations, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act, says
the suit.
Level8cases.com provides to the public a wide array of the goods,
services, price specials and other programs offered by Level 8
Group.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (718) 914-9694
E-mail: Dreyes@ealg.law
LEXYL TRAVEL: Canteenwalla Class Action Closed
----------------------------------------------
In the class action lawsuit captioned as PERCY CANTEENWALLA, et
al., individually and on behalf of all others similarly situated,
v. LEXYL TRAVEL TECHNOLOGIES, LLC, Case No. 9:25-cv-80007-RS (S.D.
Fla.), the Hon. Judge Rodney Smith entered an order granting
defendant's motion for summary judgment:
-- All remaining motions are denied as moot.
-- This case is closed.
The Plaintiffs had ample opportunity to void their purchase of the
travel insurance plan and obtain a full refund. Both Plaintiffs
were offered unconditional refunds for the cost of the product at
issue via email within hours of their respective purchases. The
refund remained available through the date of the Plaintiffs'
lawsuit.
Yet, instead of simply seeking the noted refund, which would have
otherwise voided any harm, the Plaintiffs filed suit. This is not
allowed.
The Court concludes that Plaintiffs' FDUTPA economic injury claims
were mooted by the Defendant's unconditional money-back guarantee
and therefore Plaintiffs lack Article III standing for monetary
relief. The Court's ruling is consistent with "black-letter
contract law that a party suffering a breach is obligated to take
all reasonable means to protect himself and mitigate his damages."
The Court finds the reasoning and analysis presented in these and
other cases persuasive.
On Dec. 19, 2025, and Dec. 22, 2025, respectively, Giuseppe Russo
and Percy Canteenwalla made hotel reservations through websites
owned and operated by Defendant. After receiving their confirmation
emails for their reservations, the Plaintiffs realized that they
had unknowingly been charged for travel insurance.
Lexyl provides services and resources for traveling.
A copy of the Court's order dated July 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rmCv57 at no extra
charge.[CC]
LIBERTY MUTUAL: Bid to Exclude Expert's Opinions Tossed
-------------------------------------------------------
In the class action lawsuit captioned as WATTS, et al., v. LIBERTY
MUTUAL PERSONAL INSURANCE COMPANY, et al., Case No.
1:23-cv-12845-BEM (D. Mass.), the Hon. Judge Brian E. Murphy
entered an order denying the Defendant's motion to strike and
exclude the opinions of the Plaintiffs' expert Jay Angoff.
Though Mr. Angoff has not served as an expert specifically on
financial statements, given this extensive history upon which he
renders his opinions, the Court concludes that he is appropriately
qualified in this case.
There is no dispute that the accounting statements and the other
record evidence considered by Mr. Angoff are a reliable basis on
which he could form an opinion.
The Court agrees that some statements in the report are
inadmissible conclusions of law. Mr. Angoff may testify regarding
what, in his experience, a regulator would consider in analyzing an
insurance company's availability and source of funds to pay a
judgment, but not the conclusion of law as to whether LMPIC's
regulator would permit LMPIC to pay a $45 million judgment.
Similarly, Mr. Agnoff may testify as to industry practice in
structuring and operating insurance companies and the relationship
created in the reinsurance context, but not the conclusion of law
that LMPIC does not "act independently" of LMIC.
The Plaintiffs allege that Defendants prematurely terminated rental
car benefits in breach of their insurance policies.
Liberty offers a wide range of insurance products and services.
A copy of the Court's memorandum and order dated July 30, 2025, is
available from PacerMonitor.com at https:.//urlcurt.com/u?l=70Ct7V
at no extra charge.[CC]
LYTX INC: Must Pay Drivers $4.25M Over DriveCam Privacy Claims
--------------------------------------------------------------
In the case captioned as Joshua Lewis, individually and on behalf
of all others similarly situated, Plaintiffs, v. Maverick
Transportation LLC and Lytx, Inc., Defendants, Case No.
3:22-CV-00046-NJR (S.D. Ill.), Chief Judge Nancy J. Rosenstengel of
the United States District Court for the Southern District of
Illinois granted final approval of a class action settlement
requiring Defendant to pay $4,250,000 to resolve biometric privacy
claims.
The Court certified the settlement class consisting of "All
individuals who, while present in the State of Illinois, operated a
vehicle equipped with a Lytx DriveCam Event Recorder and for whom
machine vision and artificial intelligence was used to predict
distracted driving behaviors between October 12, 2016, and January
1, 2025."
The Court appointed Joshua Lewis, Nathaniel Timmons, and James
Cavanaugh as class representatives and confirmed the appointment of
five law firms as class counsel:
-- Carney Bates & Pulliam PLLC;
-- Lieff Cabraser Heimann & Bernstein LLP;
-- Milberg Coleman Bryson Phillips Grossman PLLC;
-- Fish Potter Bolanos, P.C.; and
-- Werman Salas P.C.
The Court found that the requirements of Federal Rule of Civil
Procedure 23(a) and (b)(3) were satisfied for settlement purposes.
Specifically, the Court determined that:
(1) The Settlement Class is so numerous that joinder of all
members is impracticable;
(2) There are questions of law and fact common to members of
the Settlement Class that predominate over questions affecting only
individual members (e.g., whether Lytx collected and stored
Settlement Class Members' biometric data, without consent, through
dash cam devices in a manner that violated BIPA, and whether
Plaintiffs and the Settlement Class Members are entitled to uniform
statutory damages under BIPA);
(3) Plaintiffs' claims are typical of the claims of the
Settlement Class;
(4) Plaintiffs and Class Counsel have and will continue to
fairly and adequately protect the interests of the Settlement
Class; and
(5) A class action is a superior method of fairly and
efficiently adjudicating this Action.
Upon careful examination of the settlement terms, the Court
approved the settlement as fair, reasonable, adequate, and in the
best interests of the Settlement Class Members. The Court
specifically considered the factors relevant to class settlement
approval pursuant to Federal Rule of Civil Procedure 23(e)(2),
including whether the class representatives and class counsel
adequately represented the settlement class, whether the settlement
was negotiated at arm's length, whether the relief provided was
adequate, and whether the settlement treats settlement class
members equitably relative to each other.
The Court found that the settlement consideration constitutes fair
value given in exchange for the release of the Released Claims
against the Released Parties and noted that the Settlement is the
result of arm's length negotiations by experienced, well-qualified
counsel that included a day-long mediation conducted by a neutral
mediator. The settlement provides meaningful monetary benefits
(i.e. a $4,250,000 non-reversionary settlement fund) to Settlement
Class Members, and such benefits are not disproportionate to the
attorneys' fees and expenses sought by Class Counsel.
According to the Court, the notice program satisfies the
requirements of Federal Rule of Civil Procedure 23(c)(2) and due
process and constitutes the best notice practicable under the
circumstances." The Court noted that "no objections or opt-outs
were filed in connection with the Settlement, indicating broad
acceptance among class members.
According to the settlement, "Attorneys' fees in the amount of
one-third of the Settlement Fund, or $1,416,666.67 shall be granted
and the reimbursement of out-of-pocket litigation expenses in the
amount of $63,495.79 was approved. Additionally, the Court
approved service awards of $10,000 to each of the three class
representatives, finding these amounts fair and reasonable.
Upon the effective date of the settlement, the Court ordered that
the releasing parties shall be deemed to have, and by operation of
the Final Judgment shall have, fully, finally, and forever
released, relinquished, and discharged all Released Claims against
the Released Parties. The Court further ordered that each
settlement class member shall, either directly, indirectly,
representatively, or in any capacity, be permanently barred and
enjoined from filing, commencing, prosecuting, continuing,
pursuing, intervening in, or participating (as a class member or
otherwise) in any lawsuit, action, or other proceeding in any
jurisdiction against any Released Party based on the Released
Claims.
The Court dismissed the action with prejudice, with each party to
bear its own costs. The settlement agreement will be binding on and
will have res judicata and preclusive effect in all pending and
future lawsuits or other proceedings maintained by or on behalf of
Plaintiffs and the Releasing Parties." The Court retained exclusive
and continuing jurisdiction to resolve any disputes or challenges
that may arise in connection with the Settlement Agreement.
A copy of the Court's settlement approval order is available at
https://urlcurt.com/u?l=IF74wp
MAHITA LLC: Evans Suit Alleges Blind-Inaccessible Website
---------------------------------------------------------
JAMES EVANS, on behalf of himself and all others similarly situated
v. Mahita, LLC, Case No. 1:25-cv-09309 (N.D. Ill., Aug. 6, 2025)
alleges that Canali failed to design, construct, and operate its
website, Pushmycart.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons in violation of Plaintiff's rights under
the Americans with Disabilities Act.
According to the complaint, Pushmycart.com contains significant
access barriers that make it difficult if not impossible for blind
and visually-impaired customers to use the website.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered, and in
conjunction with its physical locations, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act, says
the suit.
Pushmycart.com provides to the public a wide array of the goods,
services, price specials and other programs offered by Mahita.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (718) 914-9694
E-mail: Dreyes@ealg.law
MARIANNA F. HEETER: Bennett Sues Over ERISA Violations
------------------------------------------------------
Michael D. Bennett, on behalf of the JJF Management Services, Inc.
Employee Stock Ownership Plan, and on behalf of a class of all
other persons similarly situated v. MARIANNA F. HEETER, as
Administrator of the Estate of Richard A. Heeter, CAPITAL TRUSTEES,
LLC, Case No. 1:25-cv-02491-SAG (D. Md., July 29, 2025), is brought
under the Employee Retirement Income Security Act of 1974, as
amended ("ERISA"), for losses suffered by the Plan and its
participants caused by the Trustee when it caused the Plan to
engage in ERISA prohibited transactions in connection with its
leveraged purchase of JJF stock from the selling shareholders, and
other plan-wide relief.
Through this action, Plaintiff seeks to enforce his rights under
ERISA and the Plan, specifically, to recover the losses incurred by
the Plan resulting from the Trustee causing prohibited
transactions, and equitable relief, including recovery of improper
profits realized by the Trustee. Plaintiff requests that Defendants
be required to restore any losses to the Plan arising from the
Trustee's ERISA violations, Defendants be ordered to disgorge to
the Plan any improper profits, and any monies recovered for the
Plan to be allocated to the accounts of the Class members, says the
complaint.
The Plaintiff is a participant.
Marianna F. Heeter is Administrator of the Estate of Richard A.
Heeter.[BN]
The Plaintiff is represented by:
Cary L. Joshi, Esq.
Gregory Y. Porter, Esq.
Brian A. Glasser, Esq.
Ryan T. Jenny, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street, NW, Suite 540
Washington, DC 20007
Phone: (202) 463-2101
Facsimile: (202) 463-2103
Email: cjoshi@baileyglasser.com
gporter@baileyglasser.com
bglasser@baileyglasser.com
rjenny@baileyglasser.com
MDL 2873: AFFF Products Can Cause Cancer, Seekins Suit Alleges
--------------------------------------------------------------
ANTHONY SEEKINS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10132-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Seekins case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: AFFF Products Harmful to Human Health, White Suit Claims
------------------------------------------------------------------
FREDDY WHITE, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10103-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The White case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: AFFF/TOG Products "Defective," Dhondt Suit Alleges
------------------------------------------------------------
BRYAN CHARLES DHONDT, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE RESPIRATOR COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC
TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
VERIDIAN LIMITED; W.L. GORE & ASSOCIATES, INC.; WITMER PUBLIC
SAFETY GROUP, INC., Defendants, Case No. 2:25-cv-10097-RMG (D.S.C.,
August 8, 2025) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with thyroid disease.
The Dhondt case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Products USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC, Inc. is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Respirator Company, LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
Email: rziminskas@themislawpllc.com
MDL 2873: Coomber Sues Over Firefighters' Exposure to PFAS
----------------------------------------------------------
JAMES OLIVER COOMBER, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE RESPIRATOR COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC
TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
VERIDIAN LIMITED; W.L. GORE & ASSOCIATES, INC.; WITMER PUBLIC
SAFETY GROUP, INC., Defendants, Case No. 2:25-cv-10142-RMG (D.S.C.,
August 8, 2025) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Coomber case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Products USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC, Inc. is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Respirator Company, LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
Email: rziminskas@themislawpllc.com
MDL 2873: Cross Sues Over Side Effects of Using AFFF/TOG Products
-----------------------------------------------------------------
KIM CROSS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
W.L. GORE & ASSOCIATES, INC., Defendants, Case No.
2:25-cv-10212-RMG (D.S.C., August 8, 2025) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Cross case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a manufacturer of fire safety
products in Longview, Washington.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware. [BN]
The Plaintiff is represented by:
N. Ryan Mayfield, Esq.
THE GORI LAW FIRM
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: rmayfield@gorilaw.com
- and -
Evan D. Buxner, Esq.
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: ebuxner@gorilaw.com
MDL 2873: Dominguez Sues Over AFFF Products' Risk to Human Health
-----------------------------------------------------------------
YVONNE DOMINGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10056-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with ulcerative colitis.
The Dominguez case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Exposed AFFF Products' Users to PFAS, Mosley Suit Says
----------------------------------------------------------------
STACY MOSLEY, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10112-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with ulcerative colitis.
The Mosley case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Exposed AFFF Products' Users to PFAS, Upchurch Alleges
----------------------------------------------------------------
TIFFANY UPCHURCH, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10076-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with ulcerative colitis.
The Upchurch case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
N. Ryan Mayfield, Esq.
THE GORI LAW FIRM
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: rmayfield@gorilaw.com
- and -
Evan D. Buxner, Esq.
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: ebuxner@gorilaw.com
MDL 2873: Exposed Firefighters to PFAS, Hill Suit Claims
--------------------------------------------------------
CAMBRIDGE HILL, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10108-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Hill case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Exposed Firefighters to Toxic Products, Watson Suit Says
------------------------------------------------------------------
ALBERT WATSON, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10148-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Watson case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Faces Allyn Suit Over AFFF Products' PFAS Exposure
------------------------------------------------------------
HOWARD LEE ALLYN, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10100-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Allyn case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Faces Feiten Suit Over Exposure to Toxic Aqueous Foams
----------------------------------------------------------------
FREDERICK FEITEN, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10102-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with testicular cancer and
thyroid disease.
The Feiten case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Faces Myrant Suit Over AFFF/TOG Products' Design Defect
-----------------------------------------------------------------
SHAVONNE MYRANT, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
W.L. GORE & ASSOCIATES, INC., Defendants, Case No.
2:25-cv-10214-RMG (D.S.C., August 8, 2025) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Myrant case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a manufacturer of fire safety
products in Longview, Washington.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware. [BN]
The Plaintiff is represented by:
N. Ryan Mayfield, Esq.
THE GORI LAW FIRM
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: rmayfield@gorilaw.com
- and -
Evan D. Buxner, Esq.
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: ebuxner@gorilaw.com
MDL 2873: Faces Pierce Suit Over Firefighters' Exposure to PFAS
---------------------------------------------------------------
ALYSSA PIERCE, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10118-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with ulcerative colitis.
The Pierce case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Faces Sanchez Suit Over AFFF Products' Toxic Elements
---------------------------------------------------------------
GILBERT SANCHEZ, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10198-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with thyroid disease, high
cholesterol, and prostate cancer.
The Sanchez case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Faces Trawick Suit Over AFFF Products' Harmful Effects
----------------------------------------------------------------
WARREN TRAWICK, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10144-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with liver cancer.
The Trawick case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 2873: Faces Wight Suit Over AFFF Products' Design Defect
------------------------------------------------------------
DALE HAROLD WIGHT, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10075-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer, prostate
cancer, and high cholesterol.
The Wight case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Green Sues Over Injury Sustained From AFFF/TOG Products
-----------------------------------------------------------------
TODD MICHAEL GREEN, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE RESPIRATOR COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC
TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
VERIDIAN LIMITED; W.L. GORE & ASSOCIATES, INC.; WITMER PUBLIC
SAFETY GROUP, INC., Defendants, Case No. 2:25-cv-10121-RMG (D.S.C.,
August 8, 2025) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with thyroid disease.
The Green case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Products USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC, Inc. is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Respirator Company, LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
Email: rziminskas@themislawpllc.com
MDL 2873: Kelley Sues Over AFFF Products' Risk to Human Health
--------------------------------------------------------------
CHARLES EARL KELLEY, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10116-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer and high
cholesterol.
The Kelley case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Kielbasa Suit Claims PFAS Exposure From AFFF Products
---------------------------------------------------------------
RENATA KIELBASA, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10092-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with ulcerative colitis.
The Kielbasa case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: McDonald Sues Over AFFF Products' Harmful Effects
-----------------------------------------------------------
MICHAEL WAYNE MCDONALD, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10124-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer and prostate
cancer.
The McDonald case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: McLean Sues Over Side Effects of Using AFFF Products
--------------------------------------------------------------
CRAIG STEVEN MCLEAN, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10087-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer and prostate
cancer.
The McLean case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Oglesby Sues Over Exposure to PFAS From AFFF/TOG Products
-------------------------------------------------------------------
QUINTIN P. OGLESBY, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER
GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE
NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING
COMPANY LLC; HONEYWELL SAFETY PRODUCT USA, INC.; KIDDE PLC; LION
GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); W.L. GORE & ASSOCIATES, INC., Defendants,
Case No. 2:25-cv-10213-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with liver cancer.
The Oglesby case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a manufacturer of fire safety
products in Longview, Washington.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware. [BN]
The Plaintiff is represented by:
N. Ryan Mayfield, Esq.
THE GORI LAW FIRM
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: rmayfield@gorilaw.com
- and -
Evan D. Buxner, Esq.
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: ebuxner@gorilaw.com
MDL 2873: Peters Sues Over Injury Sustained From AFFF/TOG Products
------------------------------------------------------------------
DENNIS PETERS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION, individually and as successor in interest to
Ciba, Inc.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB
FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING CO.,
INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS,
INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS
LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES, INC.; WITMER PUBLIC SAFETY GROUP, INC., Defendants,
Case No. 2:25-cv-10216-RMG (D.S.C., August 9, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with thyroid disease and high
cholesterol.
The Peters case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an American multinational
aerospace and defense conglomerate headquartered in Arlington,
Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Joseph Y. Shenkar, Esq.
MARC J. BERN & PARTNERS, LLP
101 West Elm St., Suite 520
Conshohocken, PA 19428
Telephone: (803) 315-3357
Facsimile: (610) 941-9880
Email: jshenkar@bernllp.com
MDL 2873: Reed Suit Alleges Complications From AFFF Products
------------------------------------------------------------
SHARLENE JUANITA REED, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10182-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer, thyroid
disease, and high cholesterol.
The Reed case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Roof Sues Over Exposure to PFAS From AFFF Products
------------------------------------------------------------
CHARMAINE ROOF, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10168-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer, thyroid
disease, and high cholesterol.
The Roof case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Michael A. Hochman Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd., Ste. 110
Laredo, TX 78041
Telephone: (956) 704-5187
Facsimile: (956) 368-1343
MDL 2873: Schunk Suit Claims PFAS Exposure From AFFF/TOG Products
-----------------------------------------------------------------
MICHAEL JOSEPH SCHUNK, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE RESPIRATOR COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC
TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
VERIDIAN LIMITED; W.L. GORE & ASSOCIATES, INC.; WITMER PUBLIC
SAFETY GROUP, INC., Defendants, Case No. 2:25-cv-10107-RMG (D.S.C.,
August 8, 2025) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with ulcerative colitis.
The Schunk case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Products USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC, Inc. is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Respirator Company, LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
Email: rziminskas@themislawpllc.com
MDL 2873: Smiley Suit Claims Toxic Exposure From AFFF/TOG Products
------------------------------------------------------------------
RICKY A. SMILEY, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
W.L. GORE & ASSOCIATES, INC., Defendants, Case No.
2:25-cv-10215-RMG (D.S.C., August 9, 2025) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Smiley case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a manufacturer of fire safety
products in Longview, Washington.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware. [BN]
The Plaintiff is represented by:
N. Ryan Mayfield, Esq.
THE GORI LAW FIRM
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: rmayfield@gorilaw.com
- and -
Evan D. Buxner, Esq.
156 N. Main Street
Edwardsville, IL 62025
Telephone: (618) 659-9833
Facsimile: (618) 659-9834
Email: ebuxner@gorilaw.com
MDL 2873: Wear Sues Over Toxic Effects of AFFF/TOG Products
-----------------------------------------------------------
MICHAEL KEITH WEAR, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE RESPIRATOR COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC
TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE
CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.);
VERIDIAN LIMITED; W.L. GORE & ASSOCIATES, INC.; WITMER PUBLIC
SAFETY GROUP, INC., Defendants, Case No. 2:25-cv-10077-RMG (D.S.C.,
August 8, 2025) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with thyroid disease.
The Wear case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a supplier sells firefighting and safety
equipment in California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
DuPont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company
based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Products USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC, Inc. is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Respirator Company, LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc., is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group, Inc. is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
Email: rziminskas@themislawpllc.com
MDL 2873: Young Sues Over Exposure to PFAS From AFFF Products
-------------------------------------------------------------
RICKY YOUNG, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company; AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; 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.), Defendants,
Case No. 2:25-cv-10158-RMG (D.S.C., August 8, 2025) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Young case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Telephone: (540) 672-4224
Email: tshah@millerfirmllc.com
MDL 3143: Court Issues Deposition Protocol in OpenAI Copyright Suit
-------------------------------------------------------------------
Magistrate Judge Ona T. Wang of the U.S. District Court for the
Southern District of New York issued a Deposition Protocol Order
governing the conduct of depositions of fact witnesses in the
multi-district litigation styled IN RE: OPENAI, INC., COPYRIGHT
INFRINGEMENT LITIGATION, Case No. 1:25-md-03143-SHS-OTW
(S.D.N.Y.).
Judge Ona says counsel and all parties currently in or added to the
MDL will comply with this Order, and to the extent consistent with
this Order, with the applicable Rules of Civil Procedure and the
Local Rules of the U.S. District Court for the Southern District of
New York. Unless specifically modified here, nothing in this Order
will be construed to abrogate the Rules of Civil Procedure or the
Local Rules.
The Class Plaintiffs are entitled to 105 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025, and
exclusive of the Rule 30(b)(6) deposition regarding the Books1 and
Books2 addressed at ECF No. 270 at 2. The Class Plaintiffs will
have 100 hours of deposition time with Microsoft ("MSFT")
witnesses, exclusive of the time spent on the Rule 30(b)(6)
deposition regarding particular datasets addressed at ECF No. 270
at 2. The Class Plaintiffs will have a maximum of 50 hours of
deposition time with non-party (and non-former-employee)
witnesses.
The "Class Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: Tremblay v. OpenAI, Inc. (No.
3:23−03223), Silverman v. OpenAI, Inc. (No. 3:23−03416), Chabon
v. OpenAI, Inc. (No. 3:23−04625), Authors Guild v. OpenAI Inc.
(No. 1:23-cv-08292), Alter v. OpenAI Inc. (No. 1:23-cv-10211),
which have been consolidated in the superseding operative complaint
titled Baldacci et al. v. OpenAI, Inc. et al., (No. 25-md-3143).
The News Plaintiffs are entitled to 130 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025. The News
Plaintiffs will have 112 hours of deposition time with Microsoft
witnesses. They will have a maximum of 64 hours of deposition time
with non-party (and non-former-employee) witnesses.
The "News Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: The New York Times Company v.
Microsoft Corp. (No. 1: 23-cv-11195); Daily News, LP et al. v.
Microsoft Corp. (No. 1:24-cv-3285); The Intercept Media, Inc. v.
OpenAI, Inc. (No. 1:24-cv 01515); The Center for Investigative
Reporting, Inc. v. OpenAI, Inc. (No. 1:24-cv-04872); Ziff Davis,
Inc., v. OpenAI Inc. (25-cv-0501) (D. Del.).
The Defendants are entitled to 110 hours of deposition time with
named Class Plaintiffs. The Defendants are entitled to the
following deposition time with each News Plaintiff: 1) 112 hours
with New York Times ("NYT") witnesses; 2) 100 hours with New York
Daily News ("NYDN") witnesses; 3) 70 hours with each of CIR
witnesses, Intercept witness, and Ziff Davis witnesses; and 4)
presumptively, 70 hours with any additional News Plaintiff group
that joins the MDL.
The Defendants will have a maximum of 50 hours of deposition time
with non-party (and non-former employee) witnesses in the Class
cases and 50 hours of deposition time with non-party (and
non-former employee) witnesses in the News cases.
The Order also provides, among other things, that all Parties agree
to negotiate a deposition scheduling protocol to ensure compliance
with the Federal Rules and so all parties receive proper notice of
any upcoming deposition.
All Parties reserve the right to move the Court for additional
deposition time beyond these limits for good cause shown. All
objections are reserved, including objections that depositions may
be unnecessary, irrelevant, or duplicative. Standard rules and
procedures for apex witnesses will govern and be individually
addressed, including whether the witness qualifies as an apex
witness.
A full-text copy of the Court's Deposition Protocol Order is
available at https://tinyurl.com/4dr7vnwh from PacerMonitor.com.
MICHAELS STORES: Bid to Continue Class Hearing to Oct. 1 Tossed
---------------------------------------------------------------
In the class action lawsuit captioned as Vizcarra v. Michaels
Stores, Inc., Case No. 5:23-cv-00468-NW (N.D. Cal.), the Hon. Judge
Noel Wise entered an order denying joint administrative motion to
continue:
-- Aug. 20, 2025 class certification hearing to Oct. 1, 2025,
and
-- Sept. 23, 2025 case management conference to Nov. 1, 2025.
The Court maintains the parties' August 20, 2025 hearing date.
Michaels is an American privately held arts and crafts retail
chain.
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HEJegu at no extra
charge.[CC]
MICROSOFT CORP: Court Issues Deposition Protocol in Basbanes Suit
-----------------------------------------------------------------
Magistrate Judge Ona T. Wang of the U.S. District Court for the
Southern District of New York issued a Deposition Protocol Order
governing the conduct of depositions of fact witnesses in the
lawsuit styled Basbanes, et al. v. MICROSOFT CORPORATION, et al.,
Case No. 1:24-cv-00084-SHS-OTW (S.D.N.Y.). The case is consolidated
with Authors Guild et al v. OpenAI Inc. et al., Case No.
1:23-cv-08292-SHS-OTW (S.D.N.Y.).
Judge Ona says counsel and all parties currently in or added to the
multi-district litigation (the "MDL") will comply with this Order,
and to the extent consistent with this Order, with the applicable
Rules of Civil Procedure and the Local Rules of the U.S. District
Court for the Southern District of New York. Unless specifically
modified here, nothing in this Order will be construed to abrogate
the Rules of Civil Procedure or the Local Rules.
The Class Plaintiffs are entitled to 105 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025, and
exclusive of the Rule 30(b)(6) deposition regarding the Books1 and
Books2 addressed at ECF No. 270 at 2. The Class Plaintiffs will
have 100 hours of deposition time with Microsoft ("MSFT")
witnesses, exclusive of the time spent on the Rule 30(b)(6)
deposition regarding particular datasets addressed at ECF No. 270
at 2. The Class Plaintiffs will have a maximum of 50 hours of
deposition time with non-party (and non-former-employee)
witnesses.
The "Class Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: Tremblay v. OpenAI, Inc. (No.
3:23−03223), Silverman v. OpenAI, Inc. (No. 3:23−03416), Chabon
v. OpenAI, Inc. (No. 3:23−04625), Authors Guild v. OpenAI Inc.
(No. 1:23-cv-08292), Alter v. OpenAI Inc. (No. 1:23-cv-10211),
which have been consolidated in the superseding operative complaint
titled Baldacci et al. v. OpenAI, Inc. et al., (No. 25-md-3143).
The News Plaintiffs are entitled to 130 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025. The News
Plaintiffs will have 112 hours of deposition time with Microsoft
witnesses. They will have a maximum of 64 hours of deposition time
with non-party (and non-former-employee) witnesses.
The "News Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: The New York Times Company v.
Microsoft Corp. (No. 1: 23-cv-11195); Daily News, LP et al. v.
Microsoft Corp. (No. 1:24-cv-3285); The Intercept Media, Inc. v.
OpenAI, Inc. (No. 1:24-cv 01515); The Center for Investigative
Reporting, Inc. v. OpenAI, Inc. (No. 1:24-cv-04872); Ziff Davis,
Inc., v. OpenAI Inc. (25-cv-0501) (D. Del.).
The Defendants are entitled to 110 hours of deposition time with
named Class Plaintiffs. The Defendants are entitled to the
following deposition time with each News Plaintiff: 1) 112 hours
with New York Times ("NYT") witnesses; 2) 100 hours with New York
Daily News ("NYDN") witnesses; 3) 70 hours with each of CIR
witnesses, Intercept witness, and Ziff Davis witnesses; and 4)
presumptively, 70 hours with any additional News Plaintiff group
that joins the MDL.
The Defendants will have a maximum of 50 hours of deposition time
with non-party (and non-former employee) witnesses in the Class
cases and 50 hours of deposition time with non-party (and
non-former employee) witnesses in the News cases.
The Order also provides, among other things, that all Parties agree
to negotiate a deposition scheduling protocol to ensure compliance
with the Federal Rules and so all parties receive proper notice of
any upcoming deposition.
All Parties reserve the right to move the Court for additional
deposition time beyond these limits for good cause shown. All
objections are reserved, including objections that depositions may
be unnecessary, irrelevant, or duplicative. Standard rules and
procedures for apex witnesses will govern and be individually
addressed, including whether the witness qualifies as an apex
witness.
A full-text copy of the Court's Deposition Protocol Order is
available at https://tinyurl.com/3spspjn7 from PacerMonitor.com.
MICROSOFT CORP: Deposition Protocol in NY Times, Daily News Cases
-----------------------------------------------------------------
Magistrate Judge Ona T. Wang of the U.S. District Court for the
Southern District of New York issued a Deposition Protocol Order
governing the conduct of depositions of fact witnesses in the
lawsuit styled The New York Times Company v. MICROSOFT CORPORATION,
et al., Case No. 1:23-cv-11195-SHS-OTW (S.D.N.Y.).
A similar order was entered in the cases, Daily News LP, et al. v.
MICROSOFT CORPORATION, et al., Case No. 1:24-cv-03285-SHS-OTW
(S.D.N.Y.); and The Center for Investigative Reporting, Inc. v.
OpenAI, Inc. et al., Case No. 1:24-cv-04872-SHS-OTW (S.D.N.Y.).
Both cases are consolidated with New York Times Company v.
Microsoft, with this case serving as the lead case.
The consolidated New York Times Company v. Microsoft is, in turn,
consolidated with the lead case, In Re: OpenAI, Inc. Copyright
Infringement Litigation, 1:25-md-03143-SHS-OTW (S.D.N.Y.).
Judge Ona says counsel and all parties currently in or added to the
multi-district litigation (the "MDL") will comply with this Order,
and to the extent consistent with this Order, with the applicable
Rules of Civil Procedure and the Local Rules of the U.S. District
Court for the Southern District of New York. Unless specifically
modified here, nothing in this Order will be construed to abrogate
the Rules of Civil Procedure or the Local Rules.
The Class Plaintiffs are entitled to 105 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025, and
exclusive of the Rule 30(b)(6) deposition regarding the Books1 and
Books2 addressed at ECF No. 270 at 2. The Class Plaintiffs will
have 100 hours of deposition time with Microsoft ("MSFT")
witnesses, exclusive of the time spent on the Rule 30(b)(6)
deposition regarding particular datasets addressed at ECF No. 270
at 2. The Class Plaintiffs will have a maximum of 50 hours of
deposition time with non-party (and non-former-employee)
witnesses.
The "Class Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: Tremblay v. OpenAI, Inc. (No.
3:23−03223), Silverman v. OpenAI, Inc. (No. 3:23−03416), Chabon
v. OpenAI, Inc. (No. 3:23−04625), Authors Guild v. OpenAI Inc.
(No. 1:23-cv-08292), Alter v. OpenAI Inc. (No. 1:23-cv-10211),
which have been consolidated in the superseding operative complaint
titled Baldacci et al. v. OpenAI, Inc. et al., (No. 25-md-3143).
The News Plaintiffs are entitled to 130 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025. The News
Plaintiffs will have 112 hours of deposition time with Microsoft
witnesses. They will have a maximum of 64 hours of deposition time
with non-party (and non-former-employee) witnesses.
The "News Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: The New York Times Company v.
Microsoft Corp. (No. 1: 23-cv-11195); Daily News, LP et al. v.
Microsoft Corp. (No. 1:24-cv-3285); The Intercept Media, Inc. v.
OpenAI, Inc. (No. 1:24-cv 01515); The Center for Investigative
Reporting, Inc. v. OpenAI, Inc. (No. 1:24-cv-04872); Ziff Davis,
Inc., v. OpenAI Inc. (25-cv-0501) (D. Del.).
The Defendants are entitled to 110 hours of deposition time with
named Class Plaintiffs. The Defendants are entitled to the
following deposition time with each News Plaintiff: 1) 112 hours
with New York Times ("NYT") witnesses; 2) 100 hours with New York
Daily News ("NYDN") witnesses; 3) 70 hours with each of CIR
witnesses, Intercept witness, and Ziff Davis witnesses; and 4)
presumptively, 70 hours with any additional News Plaintiff group
that joins the MDL.
The Defendants will have a maximum of 50 hours of deposition time
with non-party (and non-former employee) witnesses in the Class
cases and 50 hours of deposition time with non-party (and
non-former employee) witnesses in the News cases.
The Order also provides, among other things, that all Parties agree
to negotiate a deposition scheduling protocol to ensure compliance
with the Federal Rules and so all parties receive proper notice of
any upcoming deposition.
All Parties reserve the right to move the Court for additional
deposition time beyond these limits for good cause shown. All
objections are reserved, including objections that depositions may
be unnecessary, irrelevant, or duplicative. Standard rules and
procedures for apex witnesses will govern and be individually
addressed, including whether the witness qualifies as an apex
witness.
A full-text copy of the Court's Deposition Protocol Order is
available at https://tinyurl.com/2st97hs2 from PacerMonitor.com.
MR. COOPER: Cabezas' Implied Contract Breach Claim to Proceed
-------------------------------------------------------------
In the case captioned as Jennifer Cabezas, et al., Plaintiffs, v.
Mr. Cooper Group Inc., et al., Defendants, Civil Action No.
3:23-CV-2453-N (N.D. Tex.), Chief United States District Judge
David C. Godbey of the United States District Court for the
Northern District of Texas granted in part and denied in part
Defendant's Motion to Dismiss the Consolidated Class Action
Complaint.
The District Court's ruling allows the case to proceed on the
breach of implied contract and negligence claims while dismissing
several other theories of liability. The decision provides
important guidance on standing in data breach cases and the
viability of various claims in the cybersecurity context. The case
will move forward as a class action with the remaining viable
claims.
Judge Godbey ruled that the plaintiffs have standing to bring their
claims stemming from a cybersecurity attack on October 31, 2023,
where ransomware hackers seized control of Mr. Cooper's network and
exposed the personal identifying information of more than 14
million customers. The District Court granted the motion to
dismiss as to the breach of express contract, unjust enrichment,
invasion of privacy, and breach of confidence claims and denied the
motion to dismiss as to the breach of implied contract and
negligence claims.
Mr. Cooper is a mortgage loan servicer that was targeted in a
cybersecurity attack on October 31, 2023. In that attack,
ransomware hackers seized control of Mr. Cooper's network and its
customers' data. The personal identifying information of more than
14 million customers was exposed, including customers' names,
addresses, phone numbers, Social Security numbers, dates of birth,
and bank account numbers.
The cybercriminals demanded a ransom payment in exchange for
releasing control of the network back to Mr. Cooper. The company
paid the ransom, and the hackers returned control of the systems
and provided assurance that customer data was deleted. However,
plaintiffs alleged that the hackers likely retained a copy of the
data and that the exfiltrated data is now on the dark web.
The District Court found that plaintiffs have sufficiently alleged
an injury in fact for standing purposes. Judge Godbey adopted the
McMorris factor test from the Second Circuit, analyzing three
factors:
(1) Whether the data was compromised as the result of a targeted
attack intended to obtain plaintiffs' data
(2) Whether at least some part of the compromised dataset has been
misused; and
(3) Whether the data is likely to subject plaintiffs to a perpetual
risk of identity theft or fraud.
The District Court found all three factors weighed toward finding
that plaintiffs showed an imminent risk of future harm. The
District Court found that the data at issue was clearly compromised
'as the result of a targeted attack intended to obtain the
plaintiffs' data.
Additionally, the Court noted that several plaintiffs alleged
fraudulent credit card charges, unauthorized attempts to access
bank accounts, money stolen from accounts, and received information
about their personal identifying information being discovered on
the dark web.
However, the District Court denied standing for injunctive relief
claims, finding that this claim for injunctive relief is based
entirely on the speculative risk of a second data breach and that
the future harm of a second cyberattack is too speculative and not
sufficiently imminent.
The District Court granted the motion to dismiss the breach of
express contract claim, finding that Mr. Cooper's Privacy Policy
"appears to be a statement of corporate policy rather than an
express contract between Plaintiffs and Defendants."
Conversely, the Court denied the motion to dismiss the breach of
implied contract claim. Judge Godbey agreed that Plaintiffs'
allegations are sufficient to allege the existence of an implied
contract to safeguard the personal identifying information. The
Court noted that other courts have found implied contracts where
plaintiffs are required to provide personal identifying information
as a condition of receiving defendant's services.
The District Court denied the motion to dismiss the negligence
claim, finding that plaintiffs plausibly alleged a duty of care.
Plaintiffs have sufficiently alleged that Mr. Cooper was negligent
in securing Plaintiffs' personal identifying information and that,
based on Mr. Cooper's own regulatory filings, it is well-aware of
the risk of such an attack.
The District Court found that plaintiffs alleged a series of
cybersecurity failures, including that Mr. Cooper:
(1) Failed to properly encrypt customers' personal identifying
information, or used 'deprecated encryption protocols';
(2) Failed to delete personal identifying information 'after it no
longer needed to be retained';
(3) Stored personal identifying information 'in a vulnerable,
internet-accessible environment;
(4) Failed to use 'up-to-date authentication measures';
(5) Failed to apply needed software patches 'to eliminate known
vulnerabilities'; and
(6) Failed to monitor traffic on its network . . . to detect
malicious activity.
The District Court granted the motion to dismiss the unjust
enrichment claim, finding that plaintiffs failed to allege that Mr.
Cooper obtained a benefit from the plaintiffs by fraud, duress, or
the taking of an undue advantage. The Court noted that no money
was paid for the particular purpose of data security.
For the invasion of privacy claim, the Court found that the Texas
Supreme Court is likely to reject a negligent theory of invasion of
privacy and dismissed the claim because plaintiffs failed to allege
that defendants intentionally invaded their privacy.
The District Court also granted the motion to dismiss the breach of
confidence claim, finding that breach of confidence claims are
limited to the trade secrets context and declined to reinterpret
breach of confidence outside of that context.
The District Court deferred judgment on the negligence per se claim
and 19 state law claims until the class certification stage. For
negligence per se, Judge Godbey found that because a law other than
Texas law may apply, and because the law governing negligence per
se varies between states, the Court defers judgment on this claim
until choice of law analysis is completed.
A copy of the District Court's decision is available at
https://urlcurt.com/u?l=uIQkjX
NASCAR ENTERPRISES: Warren Sues Over Data Breach
------------------------------------------------
Carl Warren, individually and on behalf of all others similarly
situated v. NASCAR ENTERPRISES, LLC, Case No. 6:25-cv-01448 (M.D.
Fla., July 25, 2025), is brought on behalf of all persons who
entrusted Defendant with sensitive Personally Identifiable
Information ("PII" or "Private Information") that was impacted in a
data breach Defendant disclosed in July 2025 (the "Data Breach" or
the "Breach").
As part of its business, and in order to gain profits, Defendant
obtained and stored the Private Information of Plaintiff and Class
members. By taking possession and control of Plaintiff and Class
Members' Private Information, Defendant assumed a duty to securely
store and protect it. The Defendant breached this duty and betrayed
the trust of Plaintiff and Class Members by failing to properly
safeguard and protect their Private Information, thus enabling
cybercriminals to access, acquire, appropriate, compromise,
disclose, encumber, exfiltrate, release, steal, misuse, and/or view
it.
The Defendant's misconduct – failing to implement adequate and
reasonable measures to protect Plaintiff and Class Members' Private
Information, failing to timely detect the Data Breach, failing to
take adequate steps to prevent and stop the Data Breach, failing to
disclose the material facts that it did not have adequate security
practices in place to safeguard the Private Information, and
failing to provide timely and adequate notice of the Data Breach
– caused substantial harm and injuries to Plaintiff and Class
Members across the United States, says the complaint.
The Plaintiff is a former employee of Defendant.
The Defendant is a privately owned company that sanctions over
1,500 races at over 100 tracks in 48 U.S. states, as well as in
Canada, Mexico, Brazil, and Europe.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL 33131
Phone: (866) 252-0878
Fax: (786) 879-7520
Email: mweekes@milberg.com
NATIONAL DISTRIBUTION: Epps Suit Remanded to San Bernardino Court
-----------------------------------------------------------------
In the case captioned as Larell Epps v. National Distribution
Centers, LLC, et al., Case No. EDCV 24-1915 JGB (SPx) (C.D. Cal.),
Judge Jesus G. Bernal of the United States District Court for the
Central District of California granted Plaintiff's motion to remand
and denied as moot Defendant's motion to compel arbitration in the
class action.
On July 18, 2024, Plaintiff Epps individually and on behalf of
similarly situated individuals filed a putative class action
complaint in the Superior Court of the County of San Bernardino
against National Distribution Centers, LLC (NDC) and Does 1 through
100. The proposed class is defined as the California Class which
consists of six sub-classes:
(1) Meal Period Class, (2) Meal Period Premium Wages Class, (3)
Rest Period Class, (4) Rest Period Premium Wages Class, (5) Wage
Statement Class, and (6) Waiting Time Class. All classes include
current and former hourly non-exempt employees in California during
specified time periods ranging from one to four years prior to
filing.
On September 6, 2024, Defendant removed the action pursuant to the
Class Action Fairness Act of 2005 (CAFA), claiming federal
jurisdiction based on the amount in controversy exceeding $5
million.
The complaint alleges five causes of action against NDC under the
California Labor Code and California Business and Professions Code:
(1) failure to provide meal periods, Cal. Lab. Code Sections 226
and 512; (2) failure to provide rest periods, Cal. Lab. Code
Section 226; (3) failure to provide accurate itemized wage
statements, Cal. Lab. Code Section 226;( 4) failure to timely pay
final wages at termination, Cal. Lab. Code Sections 201-203; and
(5) unfair business practices, Cal. Bus. & Prof. Code Sections
17200, et seq.
Plaintiff worked as an hourly non-exempt employee of Defendant from
approximately August 2023 through May 24, 2024. The complaint
alleges that Defendant failed to (1) authorize or permit legally
compliant meal periods and/or pay meal period premium wages; (2)
authorize and permit rest periods and/or pay rest period premiums;
(3) furnish accurate wage statements; and (4) timely pay final
wages. Plaintiff also alleges that Defendant's unlawful conduct
constitutes unfair competition.
On March 28, 2025, Plaintiff filed a motion to remand arguing that
Defendant failed to prove by a preponderance of the evidence that
the amount in controversy for the putative class exceeds the
$5,000,000 CAFA jurisdictional minimum. Plaintiff made a factual
attack on NDC's estimates by contesting its evidence and reasoning
without introducing extrinsic evidence of his own.
In its notice of removal, Defendant asserted that the amount in
controversy requirement under CAFA is independently satisfied by
the complaint's waiting time penalties and claims related to unpaid
premiums, totaling an aggregate amount in controversy of
$7,845,258.24 excluding attorneys' fees. Defendant relied on the
declaration of Michelle Montesano, HRIS Analyst for NFI Management
Services, LLC, who reviewed NDC's employment data and determined
there are 4,539 non-exempt employees in California who have
separated employment from NDC between July 18, 2020 to present
day.
The District Court found that NDC provided sufficient evidentiary
support through the Montesano declaration, noting that the
Montesano NOR Declaration is competent evidence because it does not
reveal any statement, other than one made by the declarant, offered
in evidence to prove the truth of the matter asserted." However,
the Court determined that NDC failed to meet its burden of
establishing by a preponderance of the evidence that CAFA's amount
in controversy requirement is met because its calculations rely on
unreasonable assumptions.
Regarding waiting time penalties, the District Court found that
NDC's calculation used the total number of terminated employees for
the entire class period - i.e., July 18, 2020 to present day -
whereas the statute of limitations for waiting time penalties is
only three years. The District Court explained that the Terminated
Class includes former employees whose waiting time penalties are
barred by the statute of limitations pursuant to California Labor
Code Section 203. Therefore, the District Court could not rely on
the Montesano declaration to determine the estimated amount in
controversy for this claim because the miscalculation inflates the
estimated amount.
The District Court also found that NDC relied on unreasonable
assumptions when calculating unpaid premiums. NDC estimated meal
and rest period premiums total at least $3,662,115.84 by assuming
one meal and one rest period violation per putative class member
per week. However, the District Court determined that NDC's
assumptions lack factual support and noted that it would be just as
consistent with the complaint to assume a frequency of
once-per-quarter violation based on the complaint's allegations of
sporadic and intermitted practices.
The District Court distinguished this case from others where courts
found similar violation rates reasonable, explaining that unlike
the cases Defendant relies on which involve complaints that allege
more facts to support a pattern and practice of California Labor
Code violations, the facts in the complaint associated with unpaid
premiums include limiting language that renders Defendant's assumed
violation rate unreasonable.
On March 21, 2025, Defendant filed a motion to compel arbitration,
strike class claims, and stay proceedings. However, because the
Court granted the motion to remand, it found that it lacks
jurisdiction to rule on the Motion to Compel. Accordingly, the
Motion to Compel is denied as moot.
The District Court granted Plaintiff's motion to remand, finding
that "NDC failed to prove by a preponderance of the evidence that
the estimated AIC for the putative class exceeds the $5,000,000
CAFA jurisdictional minimum."
The District Court denied as moot Defendant's motion to compel
arbitration due to the remand. The District Court vacated the July
28, 2025 hearing and directed that the case is remanded to the
Superior Court of California for the County of San Bernardino.
A copy of the District Court's order is available at
https://urlcurt.com/u?l=Zqqjfi
NATIONWIDE PROPERTY: Gonzalez Sues Over Breach of Contract
----------------------------------------------------------
Maria Gonzalez, individually and on behalf of all other similarly
situated v. NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY;
NATIONWIDE MUTUAL INSURANCE COMPANY; NATIONWIDE GENERAL INSURANCE
COMPANY; NATIONWIDE AFFINITY INSURANCE COMPANY, Case No.
2:25-cv-01145 (W.D. Pa., July 29, 2025), is brought to remedy
Nationwide's systemic and deceptive denial or reduction of UM/UIM
benefits and to obtain appropriate relief for similarly situated
policyholders across Pennsylvania as a result of the Defendants
breach of contract.
On November 13, 2020, Plaintiff executed a rejection of stacking
form for Policy No. 58G111111 issued by Nationwide. On April 30,
2021, Nationwide issued the OPP (policy no. 5837J347009) to
Gonzalez, which was a new policy of insurance under Pennsylvania
law. Nationwide deceptively told Gonzalez that the policy was a
renewal policy despite the policy containing reductions in UM/UIM
coverage. Because the OPP was a new policy, Nationwide was legally
required to obtain new UM/UIM stacking waivers from Gonzalez.
Nationwide did not do so and instead misrepresented that the OPP
was a renewal. Plaintiff was seriously injured in a November 2021
accident3 and submitted a UIM claim to Nationwide under her auto
insurance policy (policy no. 5837J347009).
Nationwide denied Gonzalez stacked coverage based on the
rejection-of stacking form she signed in November 2020 and falsely
represented to Gonzalez that she was entitled to only $25,000.00 in
coverage on her UIM claim. Nationwide knew that the OPP was a new
policy of insurance and that the November 2020
rejection-of-stacking form was invalid. Nationwide knew that
Gonzalez was entitled to stacked coverage of $50,000.00 on her UIM
claim.
Nationwide nonetheless deceived Gonzalez into believing that she
was entitled to only $25,000.00 in coverage. As a result of
Nationwide's misrepresentation, Gonzalez agreed to settled her UIM
claim for $25,000.00 on November 1, 2022. Had Gonzalez known that
she was entitled to $50,000.00 in coverage, she would have settled
her claim for substantially more than $25,000.00, says the
complaint.
The Plaintiff was insured by Nationwide Property & Casualty
Insurance Company at all relevant times.
Nationwide are affiliated insurance carriers operating under the
Nationwide brand.[BN]
The Plaintiff is represented by:
Anthony J. Giannetti, Esquire
SWARTZ CULLETON PC
429 First Avenue, Suite 100
Pittsburgh, PA 15219
Phone: 412-238-7610
Fax: 412-200-7595
Email: agiannetti@swartzculleton.com
- and -
Patrick, Howard, Esq.
SALTZ MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd
Floor One Liberty Place
Philadelphia, PA 19103
Phone: 215-496-8282
Facsimile: 215-754-4443
Email: phoward@smbb.com
NBA PROPERTIES: Whalen Suit Transferred to S.D. New York
--------------------------------------------------------
The case styled as James Whalen, Victor Fuentes, individually and
on behalf of all others similarly situated v. NBA Properties, Inc.,
Case No. 3:25-cv-01030 was transferred from the U.S. District Court
for the Northern District of California, to the U.S. District Court
for the Southern District of New York on July 25, 2025.
The District Court Clerk assigned Case No. 1:25-cv-06125-JAV to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
NBA Properties, Inc. (NBAP) is the marketing and licensing arm of
the National Basketball Association (NBA).[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
sbogdanovich@bursor.com
NESTLE WATERS: Patane Seeks More Time to File Class Cert Reply
--------------------------------------------------------------
In the class action lawsuit captioned as MARK J. PATANE, JULIE
HARDING, HEATHER HARRIGAN, STEPHEN S. SHAPIRO, CATHERINE PORTER,
ERICA RUSSELL, TINA MORETTI, BRIDGET KOPET, JENNIFER S. COLE,
BENJAMIN A. FLETCHER, DIANE BOGDAN, and PARESHKUMAR BRAHMBHATT,
Individually and on Behalf of All Others Similarly Situated, v.
NESTLE WATERS NORTH AMERICA, INC., Case No. 3:17-cv-01381-VDO (D.
Conn.), the Plaintiffs ask the Court to enter an order granting a
14-day extension -- from Aug. 6, 2025, to Aug. 20, 2025 -- of the
deadline to file their reply memorandum in support of the
Plaintiffs' motion for class certification.
The Defendant takes no position on this motion, and Plaintiffs have
not previously moved to extend the deadline at issue. Good cause
for granting this motion includes the following:
The Defendant has essentially had over a year and a half to develop
and brief its opposition to Plaintiffs’ motion for class
certification.
But the current scheduling order gives Plaintiffs only seven days
to reply to Defendant's opposition.
The Plaintiffs request for a total of three weeks to reply to the
Defendants' brief thus provides for a small degree of parity.
Without an extension, the Plaintiffs would need to base their
class-certification reply on future Daubert oppositions. The
increased burden to counsel of briefing multiple motions also
provides good cause for an extension.
On July 30, 2025, Defendant filed two Daubert motions against the
Plaintiff's economics expert (Phillip Johnson, PhD) and survey
expert (J. Michael Dennis, PhD) in conjunction with its opposition
to class certification.
Nestle is a company that specializes in the production and
distribution of bottled water products.
A copy of the Plaintiffs' motion dated July 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=joCtiX at no extra
charge.[CC]
The Plaintiffs are represented by:
Steven G. Sklaver, Esq.
Oleg Elkhunovich, Esq.
Bryan Caforio, Esq.
Jesse-Justin Cuevas, Esq.
Max Straus, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 789-3100
E-mail: ssklaver@susmangodfrey.com
oelkhunovich@susmangodfrey.com
bcaforio@susmangodfrey.com
jcuevas@susmangodfrey.com
mstraus@susmangodfrey.com
- and -
Alexander Schmidt, Esq.
ALEXANDER H. SCHMIDT, ESQ.
Fairways Professional Plaza
5 Professional Circle, Suite 204
Colts Neck, NJ 07722
Telephone: (732) 226-0004
E-mail: alex@alexschmidt.law
- and -
Steven Williams, Esq.
STEVEN WILLIAMS LAW, P.C.
250 W 55th Street, 17th Floor
New York, NY 10019
- and -
Craig A. Raabe, Esq.
Robert A. Izard, Esq.
Christopher M. Barrett, Esq.
IZARD, KINDALL & RAABE, LLP
29 S. Main St., Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
E-mail: craabe@ikrlaw.com
rizard@ikrlaw.com
cbarrett@ikrlaw.com
NEVADA HEART: Response to Nguyen's Class Complaint Due on Aug. 25
-----------------------------------------------------------------
In the lawsuit entitled GIA NGUYEN, individually and on behalf of
all others similarly situated, Plaintiff v. NEVADA HEART & VASCULAR
CENTER, LLP, et al., Defendants, Case No. 2:25-cv-01134-GMN-EJY (D.
Nev.), Magistrate Judge Elayna J. Youchah of the U.S. District
Court for the District of Nevada signed the Parties' stipulation
extending NHVC's deadline to file a response to the Plaintiff's
Class Action Complaint to Aug. 25, 2025.
Pursuant to LR IA 6-1 AND 6-2, Plaintiff Gia Nguyen and Defendant
Nevada Heart & Vascular Center, LLP ("NHVC"), stipulate and agree
to extend NHVC's response date to the Plaintiff's Class Action
Complaint up to and including Aug. 25, 2025.
The Plaintiff commenced this action by filing a Class Action
Complaint on June 24, 2025, in the U.S. District Court for the
District of Nevada against NHVC. On July 3, 2025, a representative
of NHVC was personally served with the Complaint. Accordingly,
NHVC's current response date was July 24, 2025, pursuant to Federal
Rule of Civil Procedure 81(c)(2)(C).
According to the Stipulation, this is the first stipulation for
extension of NHVC's time to file a response to the Plaintiff's
Class Action Complaint.
The matter is one of four currently known related putative class
actions recently filed in this Court against NHVC, all arising out
of a data incident suffered by Defendant Effortless Office
Enterprises, LLC. Those actions are (1) Laurana Smith v. Effortless
Office Enterprises, LLC, et al. (2:25-cv-01123); (2) Gia Nguyen v.
Effortless Office Enterprises, LLC, et al. (2:25-cv-01134); (3)
Rick Obringer v. Effortless Office Enterprises, LLC, et al.
(2:25-cv-01142); and (4) Lori Wallis v. Effortless Office
Enterprises, LLC, et al. (2:25-cv-01149).
There are two additional related matters filed solely against
Effortless Office Enterprises, LLC: Waudby v. Effortless Office
Enterprises, LLC (2:25-cv-1135) and Russo v. Effortless Office
Enterprises, LLC (2:25-cv-1145).
Counsel for NHVC has conferred with counsel for the Plaintiff and
understands that plaintiffs for these matters intend to seek
consolidation. Accordingly, the Parties request this Stipulated
Extension to allow time for the plaintiffs in these related actions
to seek consolidation and file a consolidated class action
complaint to which NHVC may then respond.
A full-text copy of the Court's Stipulation and Order is available
at https://tinyurl.com/25sfymjf from PacerMonitor.com.
NATHAN R. RING -- nring@stranchlaw.com -- STRANCH, JENNINGS &
GARVEY PLLC, in Las Vegas, NV 89102; Jeff Ostrow --
ostrow@kolawyers.com -- KOPELOWITZ OSTROW P.A., in Ft. Lauderdale,
FL 33301, Attorneys for Plaintiff Gia Nguyen.
JOSEPH P. GARIN -- jgarin@garinlawgroup.com -- GARIN LAW GROUP, in
Las Vegas, NV 89144; Paulyne Gardner -- pgardner@mullen.law --
Bianca A. Valcarce -- bvalcarce@mullen.law -- MULLEN COUGHLIN, LLC,
in Devon, PA 19333, Attorneys for Defendant Nevada Heart & Vascular
Center, LLP.
* * *
The Honorable Judge Gloria M. Navarro directed the parties to
appear for a hearing on Monday, August 18, 2025, at 11:00 a.m. PST
regarding Plaintiff's Motion to Consolidate. Defendants Nevada
Heart & Vascular Center, LLP and Effortless Office Enterprises, LLC
have filed separate notices of non-opposition to the Motion.
NEW YORK, NY: Gould Class Action Referred to Magistrate Judge
-------------------------------------------------------------
In the class action lawsuit captioned as Gould, et al., v. The City
of New York, Case No. 1:24-cv-01263 (E.D.N.Y., Filed Feb. 20,
2024), the Hon. Judge Rachel P. Kovner entered an order referring
motion for class certification to Magistrate Judge Cho.
The suit alleges violation of the Civil Rights Act.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean.[CC]
NEWMONT CORP: Continues to Defend Karas Class Suit in Colorado
--------------------------------------------------------------
Newmont Corp. disclosed in its Form 10-Q Report for the quarterly
period ending June 30, 2025 filed with the Securities and Exchange
Commission on July 24, 2025, that the Company continues to defend
itself from the Karas class suit in the United States District
Court for the District of Colorado.
Karas v. Newmont Corp., et al. On January 31, 2025, a putative
class action lawsuit was filed against Newmont and Newmont’s
Chief Executive Officer, Chief Operating Officer and Chief
Financial Officer in the United States District Court for the
District of Colorado. The action was brought on behalf of an
alleged class of Newmont stockholders who owned stock between
February 22, 2024 and October 23, 2024 (the alleged class period).
The Court appointed Lead Plaintiffs on May 6, 2025 who filed an
amended complaint on July 14, 2025 adding Newmont Corporation's
Chief Development Officer as a defendant and shortening the alleged
class period to July 24, 2024 through October 23, 2024.
Plaintiffs allege that the defendants made a series of materially
false and misleading statements and/or omissions during the alleged
class period regarding the Company's operations, production, and
costs in violation of federal securities laws. Plaintiffs further
allege that the purported class members suffered losses and damages
resulting from declines in the market value of Newmont's common
stock after the Company announced its third quarter 2024 results
and updated guidance on October 23, 2024.
Plaintiffs seek unspecified monetary damages and other relief.
Headquartered in Denver, CO, Newmont Corporation operates as a gold
mining company and producer of copper, silver, zinc and lead. Its
common stock traded on the New York Stock Exchange under the symbol
"NEM." [BN]
NYRSTAR US INC: Otero Sues to Recover Unpaid Wages
--------------------------------------------------
Gabriel Otero, individually and for others similarly situated v.
NYRSTAR US INC., NYRSTAR US MINING INC., and NYRSTAR TENNESSEE
MINES - GORDONSVILLE LLC, Case No. 2:25-cv-00072 (M.D. Tenn., July
29, 2025), is brought to recover unpaid wages and other damages
from the Defendants in violation of the Fair Labor Standards Act
("FLSA").
The Plaintiff and the other Hourly Employees regularly work more
than 40 hours in a workweek. However, the Defendants does not pay
the Plaintiff and the other Hourly Employees for all their hours
worked, including overtime hours. Rather, the Defendants requires
the Plaintiff and the other Hourly Employees to suit out in
protective clothing and safety gear necessary to safely their job
duties, gather other fundamentally necessary tools and equipment,
and attend required safety meetings, while on the Defendants'
premises "off the clock," says the complaint.
The Plaintiff was employed Otero as one of its Hourly Employees.
Nyrstar operates "two underground zinc mines; Gordonsville and
Cumberland, and a processing plant located at the Gordonsville mine
site" which employ approximately 325 employees."[BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
Joshua A. Frank, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Phone: (615) 244-2202
Email: dgarrison@barrettjohnston.com
- and –
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
OCCIDENTAL COLLEGE: Carfora Suit Transferred to S.D. New York
-------------------------------------------------------------
The case styled as John Carfora, Sandra Putnam, Juan C. Gonzales,
individually and as representatives of a class of similarly
situated individuals v. Occidental College, Case No. 2:25-mc-00070
was transferred from the U.S. District Court for the Central
District of California, to the U.S. District Court for the Southern
District of New York on July 25, 2025.
The District Court Clerk assigned Case No. 1:25-mc-00316-JAV to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Occidental College -- https://www.oxy.edu/ -- is a private liberal
arts college in Los Angeles, California.[BN]
The Plaintiff is represented by:
Jerome J. Schlichter, Esq.
SCHLICHTER BOGARD LLC
100 S. 4th Street, Ste. 1200
St. Louis, MO 63102
Phone: (314) 621-6115
Fax: (314) 621-5934
Email: jschlichter@uselaws.com
OCEAN PSYCHOLOGICAL: Taylor Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against KKW Trucking, Inc.
The case is styled as Tricia Taylor, as an individual and on behalf
of all other similarly situated v. Ocean Psychological Services
Inc., Ocean Psychiatry, Inc., Case No. STK-CV-UOE-2025-0010157
(Cal. Super. Ct., San Joaquin Cty., July 25, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Ocean Psychological Services -- https://www.oceanpsychological.com/
-- is a private practice offering comprehensive assessments to
children, adolescents, and adults.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP
515 S Figueroa St., Ste. 1250
Los Angeles, CA 90071-3316
Phone: 213-488-6555
Fax: 213-488-6554
Email: lwlee@diversitylaw.com
OKLAHOMA: District Court Dismisses Prisoner Suit v. Rankin
----------------------------------------------------------
Judge Joe Heaton of the U.S. District Court for the Western
District of Oklahoma grants a motion to dismiss the lawsuit titled
CHAD JEREMY ADAMS, Petitioner v. C. RANKIN, et al., Respondents,
Case No. 5:24-cv-00838-HE (W.D. Okla.).
Petitioner Chad Jeremy Adams, a state prisoner proceeding pro se,
filed a 28 U.S.C. Section 2241 habeas petition challenging the
execution of his sentence. Respondent Warden William Chris Rankins
moved to dismiss the petition and the Petitioner filed a response
in opposition. The Petitioner also filed a motion to amend the
petition to add claims under 42 U.S.C. Section 1983.
Thereafter, United States Magistrate Judge Chris M. Stephens issued
a Report and Recommendation recommending that the Court grant the
motion to dismiss and deny the motion to amend. The Petitioner has
timely objected to the recommendation.
In accordance with 28 U.S.C. Section 636(b)(1), the Court has
conducted a de novo review of the matter. Having done so, the Court
concurs with the analysis of the Magistrate Judge.
As to the due process claim, neither the loss of telephone
privileges nor the discretionary demotion in classification level
implicate a protected liberty interest, Judge Heaton opines, citing
Marshall v. Morton, 421 Fed. Appx. 832, 838 (10th Cir. 2011).
In his objection, the Petitioner asserts that a protected liberty
interest was implicated by the prison officials' alleged failure to
follow policies, procedures, rules and regulations and failure to
use proper forms. The Court disagrees.
Because the Petitioner has not established a protected liberty
interest implicated by the alleged conduct, the Court concludes
that his due process claims fail and he is not entitled to habeas
relief. The Respondent's motion to dismiss is, therefore, granted.
As to the motion to amend, the Petitioner represents he is willing
to pay the $405 filing fee required for a Section 1983 action.
However, Judge Heaton notes that he has not proffered a sufficient
basis for the Court to reject the stated reasons of the Magistrate
Judge for denying leave to amend. The Court agrees with those
reasons, including the fundamental shift in the basis for the case,
the effort to turn the case into a class action, and other
considerations impacting futility. The motion to amend is,
therefore, denied.
Judge Heaton says a certificate of appealability is required for
state prisoners to appeal the dismissal of a Section 2241 habeas
petition. The Court declines to issue one.
Judge Heaton opines that the Petitioner cannot show that
"reasonable jurists could debate whether the petition should [be]
resolved in a different manner or that the issues presented [are]
adequate to deserve encouragement to proceed further," citing Slack
v. McDaniel, 529 U.S. 473, 484 (2000).
Accordingly, the Court adopts the Report and Recommendation. The
motion to dismiss is granted and the motion to amend is denied. The
petition for a writ of habeas corpus under 28 U.S.C. Section 2241
is dismissed. A certificate of appealability is denied.
A full-text copy of the Court's Order is available at
https://tinyurl.com/53e6vz2e from PacerMonitor.com.
OLIPHANT FINANCIAL: Defendant Must Face Arbitration Waiver Ruling
-----------------------------------------------------------------
In the case captioned as Thelma Roper, individually and on behalf
of all others similarly situated, Plaintiff-Appellee, v. Oliphant
Financial, LLC; Stillman P.C., d/b/a Stillman Law Office,
Defendants-Appellants, No. 24-1933 (4th Cir.), Circuit Judges
Harvey Wilkinson and David Benjamin, and Senior Circuit Judge
William Traxler of the United States Court of Appeals for the
Fourth Circuit affirmed the district court's order denying
Defendants' motion to compel arbitration.
Defendant Oliphant Financial, LLC, and Stillman P.C. d/b/a The
Stillman Law Office, appealed the district court's order denying
their motion to compel arbitration of the underlying suit.
Plaintiff Thelma Roper sued Defendants in a purported class action
complaint in the district court for violation of federal and
Maryland consumer protection laws for filing collection suits in
state court beyond the expiration of the statute of limitations.
Roper had taken out a personal loan from Oliphant's
predecessor-in-interest and defaulted on the loan; Oliphant sued
Roper in state court to collect on the debt, but the state court
dismissed the action as barred by the statute of limitations.
Defendants sought to compel arbitration of the action based on the
arbitration provision in the loan agreement and the district court
denied the
motion, finding that Defendants had waived their right to compel
arbitration by filing the collection action.
The Fourth Circuit applied a two-part test, "[] determine whether a
party has waived the right to compel arbitration, a court must
determine whether the party seeking to compel (1) Knew the right to
compel existed, and (2) Acted inconsistently with the intention of
enforcing the right to compel arbitration." Under Maryland law, a
party acts inconsistently with the intent to compel arbitration
when it litigates a case concerning the same claims as those it
wishes to arbitrate.
Defendants argued that the district court erred in denying their
motion to compel arbitration because some of Roper's claims concern
Oliphant's actions prior to institution of the collection suit and
therefore would exist regardless of that litigation. The Fourth
Circuit disagreed with this argument.
The Fourth Circuit determined that Oliphant waived its right to
compel arbitration of claims challenging its debt collection
practices by filing collection actions in state court. The Fourth
Circuit noted that while claims based on actions predating a
collection suit would exist regardless of whether that suit was
filed, Plaintiff asserted no such claims.
Upon reviewing the complaint, the Fourth Circuit found that the
complaint alleges that Oliphant sent letters to debtors within the
statute of limitations demanding payment of the loans in full, but
then waited more than three years - beyond the expiration of the
statute of limitations - to sue.
The Fourth Circuit concluded that the illegal actions complained
of, therefore, do not constitute actions taken prior to the suit,
but the filing of the suit beyond the statute of limitations. The
Fourth Circuit further noted that while the complaint alleged in a
general background section that Oliphant convinced some debtors to
pay debts that were outside of the statute of limitations, the
class action claims are not based on those actions, but rather
include only debtors who Defendants sued outside of the statute of
limitations.
Therefore, the Fourth Circuit concluded that the district court
properly denied Defendants' motion to compel arbitration because
they waived the right to do so. The Fourth Circuit affirmed the
district court's order and dispensed with oral argument because the
facts and legal contentions are adequately presented in the
materials before Circuit Court and argument would not aid the
decisional process.
A copy of the Fourth Circuit's decision is available at
https://urlcurt.com/u?l=dglRsz
OMNI HOTELS: Court Grants Bid for Summary Judgment in Beaver Suit
-----------------------------------------------------------------
Judge Anthony J. Battaglia of the U.S. District Court for the
Southern District of California issued an Omnibus Order granting
the Defendants' motion for summary judgment in the lawsuit
captioned as DEAN BEAVER and LAURIE BEAVER, Plaintiffs v. OMNI
HOTELS MANAGEMENT CORPORATION, a Delaware Corporation; LC BROKERAGE
CORP., a Delaware Corporation; LC INVESTMENT 2010, LLC, a Delaware
Limited Liability Company; WILLIAM IMS, an individual; KELLY
GINSBERG, an individual; BRETT ALEXANDER COMBS, an individual; and
DOES 1 through 50, inclusive, Defendants, Case No.
3:20-cv-00191-AJB-DEB (S.D. Cal.).
The lawsuit is a class action concerning the rental of
privately-owned condominiums ("villas") at Omni La Costa Resort &
Spa, a world-renowned resort in Carlsbad, California, pursuant to a
Rental Management Agreement ("RMA"). The certified Class is as
follows: "All villa owners who participated in the RMA with LC
Brokerage beginning four years before this action was filed to the
present, excluding the defendants/counterclaimants in LC Investment
2010 v. La Costa Investments, San Diego Sup. Court. Case No.
37-2016-3113, or any officers, directors, employees, affiliates and
immediate family members of the Defendants."
Pending before the Court are four motions: (1) a motion for summary
judgment filed by Omni Hotels Management Corporation ("Omni"), LC
Brokerage Corp. ("LC Brokerage"), LC Investment 2010, LLC, William
Ims, and Brett Alexander Combs (collectively, "Defendants"); (2) a
motion for partial summary judgment filed by Plaintiffs Dean Beaver
and Laurie Beaver; (3) a motion to exclude the expert opinions of
Defendants' experts David Lasater and Robert Griswold; and (4) a
motion to exclude the expert testimony of the Plaintiffs' expert
Jason Bass. For the reasons in this Order, the Court grants the
Defendants' motion for summary judgment and denies as moot the
remaining motions.
The Omni La Costa Resort and Spa ("the Resort") boasts over 400
acres of luscious grounds in a semi-tropical California paradise.
It has two championship golf courses and a top-flight wellness spa.
For lodging, the Resort has about 600 rooms. Of these rooms, 137
are villas owned by private individuals. The remainder are hotel
rooms owned by Omni. Nearly all villa owners rent their villas to
the Resort's guests under a Rental Management Agreement ("RMA")
with LC Brokerage.
Among others, the RMA contains a provision stating: "The Agent
shall set rental rates at which Agent will offer the Property for
rental which will in Agent's sole business judgment, maximize the
rental receipts for the Property." LC Brokerage delegated its
responsibility to rent and manage the villas to its affiliate,
Omni. Omni also rents and manages the other rooms at the Resort.
Under the RMA, Omni receives 50% of villa revenues. Omni receives
100% of its hotel room revenues.
Plaintiffs Dean and Laurie Beaver are husband and wife, who jointly
own a villa at the Resort rented to guests under the RMA. According
to Dean Beaver, he was happy with the returns on his villa for the
first two years and became dissatisfied with diminishing returns
over time.
The Plaintiffs filed the instant action on Jan. 29, 2020. The core
of their claims concerns Omni's alleged years-long scheme to
self-deal through its management of the villas under the RMA.
According to the Plaintiffs, although LC Brokerage is charged with
operating the rental program, it has abdicated its responsibilities
to Omni, which has abused its power under the RMA to intentionally
steer guests into its hotel rooms rather than the villas--causing
the Class Members to lose millions of dollars in revenue.
The operative complaint is the First Amended Complaint. After the
Court's orders on motions to dismiss, the following claims remain:
(1) breach of contract; (2) breach of fiduciary duty; (3) aiding
and abetting breach of fiduciary duty; (4) violation of
California's Unfair Competition Law ("UCL") under the "unfair"
prong; (5) violation of the Racketeer Influenced and Corrupt
Organizations Act ("RICO"); (6) conspiracy to violate RICO; and (7)
unjust enrichment.
Upon certification of the Class and completion of discovery several
years later, the parties filed the instant motions for summary
judgment and motions to exclude experts.
Judge Battaglia says there is no dispute that the Plaintiffs'
remaining claims for breach of contract, breach of fiduciary duty,
aiding and abetting breach of fiduciary duty, RICO, and RICO
conspiracy, all stem from allegations that the Defendants failed to
meet their obligations under the RMA. The Defendants filed a motion
for summary judgment, arguing that summary judgment is required for
each of the Plaintiffs' causes of action because their theories of
liability are premised on incorrect interpretations of the RMA. The
Court agrees.
Judge Battaglia opines that the clear and unambiguous text of the
RMA permits LC Brokerage to delegate its rights and duties under
the contract to Omni, which include the authority to administer the
rental program, set villa rates based on its business judgment, use
the villas for overflow, and pursuant to express disclosures in the
RMA, does not require Omni to prioritize the villas over hotel
rooms.
Because all of the conduct that the Plaintiffs challenge is clearly
contemplated by, and disclosed in, the contract, the Court finds no
genuine issue of dispute as to whether the Defendants breached
their duties. Thus, the Defendants merit summary judgment in their
favor on all of the Plaintiffs' claims.
There being insufficient evidence of breach, the Court grants
summary judgment on the Plaintiffs' breach of contract claim. And
because the Plaintiffs' claims for RICO and RICO conspiracy are
premised on this alleged breach, the Court grants summary judgment
on these claims, as well.
The Plaintiffs' breach of fiduciary duty against LC Brokerage and
Omni similarly fail, Judge Battaglia holds. Based on the foregoing,
Judge Battaglia finds the Plaintiffs' breach of fiduciary claim is
foreclosed by the RMA's clear and unambiguous terms. Accordingly,
the Court grants summary judgment on the Plaintiffs' breach of
fiduciary duty claim. There being no breach of fiduciary duty, the
Court grants summary judgment on the Plaintiffs' claim for aiding
and abetting the alleged breach of fiduciary duty against William
Ims and Brett Alexander Combs.
Lastly, because the Court grants summary judgment in the
Defendants' favor on all of the Plaintiffs' claims, the Court
denies as moot the remaining motions--namely, the Plaintiffs'
motion for partial summary judgment and the parties' motions to
exclude experts.
For these reasons, the Court grants the Defendants' motion for
summary judgment and denies as moot all other pending motions.
Accordingly, the Court grants summary judgment in the Defendants'
favor on all of the Plaintiffs' claims: (1) breach of contract; (2)
breach of fiduciary duty; (3) aiding and abetting breach of
fiduciary duty; (4) violation of UCL "unfair" prong; (5) RICO
violation; (6) conspiracy to violate RICO; and (7) unjust
enrichment. The Clerk of Court is directed to enter judgment
accordingly, and close this case.
A full-text copy of the Court's Omnibus Order is available at
https://tinyurl.com/229t2kva from PacerMonitor.com.
* * *
Following the Summary Judgment ruling, the Court has set various
deadlines in the case. Specifically, the Court set a Briefing
Schedule on the Motion for Attorney Fees and Costs. Responses to
the Motion are due by Aug. 18. Replies are due by Aug. 25.
Sur-replies will not be accepted. The Motion Hearing is set for
Oct. 30 at 2:00 p.m. before Judge Anthony J. Battaglia.
ON TIME CAPITAL: Redick Files TCPA Suit in E.D. California
----------------------------------------------------------
A class action lawsuit has been filed against On Time Capital LLC.
The case is styled as William Redick, individually and on behalf of
all others similarly situated v. On Time Capital LLC, Case No.
1:25-cv-00928-JLT-CDB (E.D. Cal., July 29, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
On Time Capital LLC -- http://ontimecap.com/-- offer a wide range
of funding options and loans with no hidden fees.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
OPENAI INC: Court Issues Deposition Protocol in Authors Guild Suit
------------------------------------------------------------------
Magistrate Judge Ona T. Wang of the U.S. District Court for the
Southern District of New York issued a Deposition Protocol Order
governing the conduct of depositions of fact witnesses in the
lawsuit titled Authors Guild, et al. v. OpenAI Inc., et al., Case
No. 1:23-cv-08292-SHS-OTW (S.D.N.Y.). Consolidated Lead case:
1:25-md-03143-SHS-OTW (S.D.N.Y.).
Judge Ona says counsel and all parties currently in or added to the
multi-district litigation (the "MDL") will comply with this Order,
and to the extent consistent with this Order, with the applicable
Rules of Civil Procedure and the Local Rules of the U.S. District
Court for the Southern District of New York. Unless specifically
modified here, nothing in this Order will be construed to abrogate
the Rules of Civil Procedure or the Local Rules.
The Class Plaintiffs are entitled to 105 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025, and
exclusive of the Rule 30(b)(6) deposition regarding the Books1 and
Books2 addressed at ECF No. 270 at 2. The Class Plaintiffs will
have 100 hours of deposition time with Microsoft ("MSFT")
witnesses, exclusive of the time spent on the Rule 30(b)(6)
deposition regarding particular datasets addressed at ECF No. 270
at 2. The Class Plaintiffs will have a maximum of 50 hours of
deposition time with non-party (and non-former-employee)
witnesses.
The "Class Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: Tremblay v. OpenAI, Inc. (No.
3:23−03223), Silverman v. OpenAI, Inc. (No. 3:23−03416), Chabon
v. OpenAI, Inc. (No. 3:23−04625), Authors Guild v. OpenAI Inc.
(No. 1:23-cv-08292), Alter v. OpenAI Inc. (No. 1:23-cv-10211),
which have been consolidated in the superseding operative complaint
titled Baldacci et al. v. OpenAI, Inc. et al., (No. 25-md-3143).
The News Plaintiffs are entitled to 130 hours of deposition time
with OpenAI witnesses, exclusive of any deposition time that
occurred prior to MDL centralization on April 1, 2025. The News
Plaintiffs will have 112 hours of deposition time with Microsoft
witnesses. They will have a maximum of 64 hours of deposition time
with non-party (and non-former-employee) witnesses.
The "News Plaintiffs" refers to the plaintiffs in the following
actions coordinated in the MDL: The New York Times Company v.
Microsoft Corp. (No. 1: 23-cv-11195); Daily News, LP et al. v.
Microsoft Corp. (No. 1:24-cv-3285); The Intercept Media, Inc. v.
OpenAI, Inc. (No. 1:24-cv 01515); The Center for Investigative
Reporting, Inc. v. OpenAI, Inc. (No. 1:24-cv-04872); Ziff Davis,
Inc., v. OpenAI Inc. (25-cv-0501) (D. Del.).
The Defendants are entitled to 110 hours of deposition time with
named Class Plaintiffs. The Defendants are entitled to the
following deposition time with each News Plaintiff: 1) 112 hours
with New York Times ("NYT") witnesses; 2) 100 hours with New York
Daily News ("NYDN") witnesses; 3) 70 hours with each of CIR
witnesses, Intercept witness, and Ziff Davis witnesses; and 4)
presumptively, 70 hours with any additional News Plaintiff group
that joins the MDL.
The Defendants will have a maximum of 50 hours of deposition time
with non-party (and non-former employee) witnesses in the Class
cases and 50 hours of deposition time with non-party (and
non-former employee) witnesses in the News cases.
The Order also provides, among other things, that all Parties agree
to negotiate a deposition scheduling protocol to ensure compliance
with the Federal Rules and so all parties receive proper notice of
any upcoming deposition.
All Parties reserve the right to move the Court for additional
deposition time beyond these limits for good cause shown. All
objections are reserved, including objections that depositions may
be unnecessary, irrelevant, or duplicative. Standard rules and
procedures for apex witnesses will govern and be individually
addressed, including whether the witness qualifies as an apex
witness.
A full-text copy of the Court's Deposition Protocol Order is
available at https://tinyurl.com/3ew6v85u from PacerMonitor.com.
PACIFIC REGENT: Class Cert Bid Filing in Andrews Due March 9, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as ANDREWS REVOCABLE TRUST;
LINDA ANDREWS, a Washington resident; KRISTEN ANDREWS, a resident
of British Columbia; SUSAN ANDREWS, a resident of British Columbia,
v. 919 109TH AVENUE OWNER, LLC, a foreign limited liability company
d/b/a PACIFIC REGENT BELLEVUE SENIOR LIVING; COGIR MANAGEMENT USA,
INC., a foreign corporation; FOUNTAINS BELLEVUE SL, LLC, a foreign
company; WATERMARK RETIREMENT COMMUNITIES, LLC, a foreign
corporation, Case No. 2:24-cv-01672-RSM (W.D. Wash.), the Hon.
Judge Ricardo Martinez entered an order granting the Parties'
stipulated motion to continue case schedule deadlines.
The case schedule deadlines shall be continued six (6) months so
that the new deadlines are as follows:
Class certification of discovery cut-off: Jan. 5, 2026
Deadline for Plaintiffs to file motion for class certification:
March 9, 2026
Opposition to Motion to Certify Class: March 23, 2026
Reply in Support of Motion to Certify Class: March 30, 2026
On Dec. 19, 2024, the Court issued a scheduling Order regarding
class certification.
Pacific is a senior living community in Bellevue, Washington
offering independent living and assisted living.
A copy of the Court's order dated July 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mBv1aa at no extra
charge.[CC]
The Plaintiffs are represented by:
Eugene N. Bolin, Jr., Esq.
Joseph B. Jordan, Esq.
LAW OFFICES OF EUGENE N. BOLIN, JR., P.S.
1325 4th Ave Ste 600
Seattle WA 98101
Telephone: (206) 443-9722
The Defendants are represented by:
Abraham K. Lorber, Esq.
BALLARD SPAHR LLP
735 Market Street, 51 FL
Philadelphia, PA 19103
- and -
John A Follis, Esq.
ANDERSON HUNTER LAW FIRM P.S.
2707 Colby Ave., Ste. 1001
Everett, WA 98201
PACKAGING CORPORATION: Artuso Pastry Sues Over Fix Prices
---------------------------------------------------------
Artuso Pastry Foods Corp., individually and on behalf of all others
similarly situated, v. PACKAGING CORPORATION OF AMERICA,
INTERNATIONAL PAPER COMPANY, SMURFIT WESTROCK PLC, SMURFIT KAPPA
NORTH AMERICA LLC, WESTROCK CP, LLC, GEORGIA PACIFIC LLC, CASCADES
INC., CASCADES USA INC., CASCADES HOLDING US, INC., PRATT
INDUSTRIES, INC., GRAPHIC PACKAGING INTERNATIONAL, LLC, AND GREIF
INC., Case No. 1:25-cv-08856 (N.D. Ill., July 29, 2025), is brought
arising from a per se unlawful conspiracy among the Defendants to
fix, raise, and maintain supracompetitive prices for containerboard
sheets, linerboard sheets, and finished packaging products made
from containerboard and/or linerboard (collectively,
"Containerboard Products") in the United States, in violations of
Sections 1 and 3 of the Sherman Act.
The Defendants engaged in a contract, combination, or conspiracy to
raise prices of Containerboard Products between November 1, 2020
and the Present (the "Class Period") through at least seven rounds
of parallel price increases on containerboard and linerboard that
raised prices of Containerboard Products by more than 30% during
the Class Period. Defendants adopted a "value over volume" strategy
that raised prices of Containerboard Products while reducing
output. Defendants' conspiracy was facilitated by a consolidated
market structure, vertical integration and ample opportunities to
collude.
The Defendants' conspiracy resulted in higher prices of
Containerboard Products than would have existed in a competitive
market, resulting in substantial profits to Defendants at the
expense of purchasers of Containerboard Products. During the Class
Period, Defendants engaged in numerous unprecedented and
unjustified price increases, often implemented at the exact same
time and for the exact same increase.
The Defendants' conspiracy has unreasonably restrained trade in
violation of Section 1 and 3 of the Sherman Act, and Sections 4 and
16 of the Clayton Act. As a direct result of Defendants'
conspiracy, Plaintiff and the Class have each paid artificially
high prices for Containerboard Products, says the complaint.
The Plaintiff purchased Containerboard Products directly from
Defendant.
The Defendants is a leading manufacturers of Containerboard
Products.[BN]
The Plaintiff is represented by:
Gary D. McCallister, Esq.
MCCALLISTER LAW GROUP, LLC
777 North Michigan Avenue #3502
Chicago, IL 60611
Phone: 312-345-0611
Fax: 312-345-0612
Email: gdm@mccallisterlawgroup.com
- and -
Eric I. Unrein, Esq.
CAVANAUGH, BIGGS & LEMON, PA
3200 SW Huntoon Street
Topeka, KS 66604
Phone: 785-440-4000
Fax: 785-440-3900
Email: eunrein@cavlem.com
- and -
Vincent Briganti, Esq.
Margaret MacLean, Esq.
Raymond Girnys, Esq.
Nicole A. Veno, Esq.
Katherine Boyd, Esq.
Xin Huang, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
Fax: (914) 997-0035
Email: vbriganti@lowey.com
mmaclean@lowey.com
rgirnys@lowey.com
nveno@lowey.com
kboyd@lowey.com
xhuang@lowey.com
- and -
Christopher M. Burke, Esq.
Yifan (Kate) Lv, Esq.
BURKE LLP
402 West Broadway, Suite 1890
San Diego, CA 92101
Phone: (619) 369-8244
Email: cburke@burke.law
klv@burke.law
PACS GROUP: Menephee-Howard Suit Removed to E.D. California
-----------------------------------------------------------
The case captioned as Michelle Menephee-Howard, individually, and
on behalf of other members of the general public similarly situated
v. PACS GROUP, INC., a Delaware corporation; and DOES 1 through
100, inclusive, Case No. 25CECG02039 was removed from the Superior
Court of the State of California, County of Santa Cruz, to the
United States District Court for Eastern District of California on
July 25, 2025, and assigned Case No. 1:25-at-00618.
Specifically, Plaintiff alleges ten claims against PACS: Unpaid
Overtime; Unpaid Meal Period Premiums; Unpaid Rest Period Premiums;
Unpaid Minimum Wages; Final Wages Not Timely Paid; Wages Not Timely
Paid During Employment; Non-Compliant Wage Statements; Failure To
Keep Requisite Payroll Records; (Unreimbursed Business Expenses;
and Violation of California Business & Professions Code and
Violation of California Labor Codes.[BN]
The Defendants are represented by:
Grace Y. Horoupian, Esq.
Kristina Noel Buan, Esq.
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, CA 92614
Phone: (949) 851-2424
Facsimile: (949) 851-0152
Email: ghoroupian@fisherphillips.com
kbuan@fisherphillips.com
PATROL SOLUTIONS: Sperber Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Patrol Solutions,
LLC, et al. The case is styled as Mandy Sperber, individually, and
on behalf of other similarly situated employees v. Patrol
Solutions, LLC, Patrol Solutions, Inc., Case No. 25CV130609 (Cal.
Super. Ct., Alameda Cty., July 9, 2025).
The nature of suit is stated as "Other Employment Complaint Case."
Patrol Solutions, LLC -- https://www.patrolsolutions.com/ --
provide both unarmed and armed security guard services for a wide
variety of clients in both the public and private sectors.[BN]
The Plaintiff is represented by:
Ryan Quadrel, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard., Ste. 745
Beverly Hills, CA 90211
Phone: 310-622-4278
Fax: 855-786-6356
Email: rquadrel@blackstonepc.com
PREFERRED ELECTRIC: Graybar Electric Files Suit in N.Y. Sup. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Preferred Electric
Services of WNY, Inc., et al. The case is styled as Graybar
Electric Company, Inc. on its own behalf and on behalf of others
similarly situated pursuant to Article 3-A of the Lien Law v.
Preferred Electric Services of WNY, Inc., et al., Case No.
812964/2025 (N.Y. Sup. Ct., Erie Cty., July 29, 2025).
The case type is stated as "Commercial - Contract."
Preferred Electrical Services --
https://preferredelectricalservicesofwnyinc.com/ -- provides
unparalleled service to all of Western New York.[BN]
PRESTIGE MAINTENANCE: Failed to Protect Personal Info, Ruiz Says
----------------------------------------------------------------
AMANDA RUIZ, individually and on behalf of all others similarly
situated, Plaintiff v. PRESTIGE MAINTENANCE USA, LTD, Defendant,
Case No. 4:25-cv-00805 (E.D. Tex., July 26, 2025) is a class action
against the Defendant for its failure to properly secure and
safeguard Plaintiff's and approximately 65,452 Class Members'
sensitive and personally identifying information, which, as a
result, was targeted, accessed, and stolen from Defendant's care by
a notorious cybergang in a foreseeable, preventable, data breach.
Due to Defendant's deficient data security, in January 2025 the
Medusa ransomware hacked into Defendant's network systems and stole
at least 300 gigabytes of files that contained Plaintiff's and
Class Members' sensitive, confidential PII, including their full
names in combination with Social Security numbers, benefit
information, payroll information, email addresses, and photocopied
passports and driver's licenses addresses, among other sensitive
data, causing widespread injuries to Plaintiff and Class Members,
says the suit.
The Plaintiff and Class Members seek compensatory damages,
declaratory judgment, and injunctive relief requiring Defendant to
(a) disclose, expeditiously, the full nature of the Data Breach and
the types of Private Information exposed; (b) implement improved
data security practices to reasonably guard against future breaches
of Private Information in Defendant's possession; and (c) provide,
at Defendant's own expense, all impacted Data Breach victims with
lifetime identity theft protection services.
The Plaintiff and Class Members are current and former employees of
Defendant who, in order to apply for employment and/or work for
Defendant, were and are required to entrust Defendant with their
sensitive, non-public Private Information.
Prestige Maintenance USA, Ltd. provides commercial cleaning and
janitorial services to a diverse range of corporate clients across
the U.S.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
Facsimile: (954) 525-4300
E-mail: ostrow@kolawyers.com
PRESTIGE MAINTENANCE: Hura Sues Over Failure to Safeguard PII
-------------------------------------------------------------
Daeshia Hura, individually and on behalf of all others similarly
situated v. PRESTIGE MAINTENANCE USA, LTD., Case No.
4:25-cv-00816-JDK (E.D. Tex., July 29, 2025), is brought against
Defendant for its failure to properly secure and safeguard
Plaintiff's and approximately 65,452 Class Members' sensitive and
personally identifying information ("PII"), which, as a result, was
targeted, accessed, and stolen from Defendant's care by a notorious
cybergang in a foreseeable, preventable, data breach.
Due to Defendant's deficient data security, in January 2025 the
'Medusa' hacked into Defendant's network systems and stole at least
300 gigabytes of files that contained Plaintiff's and Class
Members' sensitive, confidential PII, including their full names in
combination with Social Security numbers, benefit information,
payroll information, email addresses, and photocopied passports and
driver's licenses addresses, among other sensitive data
(collectively "Private Information"), causing widespread injuries
to Plaintiff and Class Members (the "Data Breach").
Employers like Defendant that collect, use, and benefit from
employees' Private Information owe the individuals to whom that
data relates a duty to adopt reasonable measures to protect such
information from disclosure to unauthorized third parties, and to
keep it safe and confidential. This duty arises under contract,
statutory and common law, industry standards, representations made
to Plaintiff and Class Members, and because it is foreseeable that
the exposure of Private Information to unauthorized persons—and
especially hackers with nefarious intentions--will harm the
affected individuals, including but not limited to by invasion of
their private health and financial matters.
The Defendant breached these duties owed to Plaintiff and Class
Members by failing to safeguard their Private Information it
collected and maintained, including by failing to implement
industry standards for data security to protect against
cyberattacks, which failures caused and allowed criminal hackers to
target, access, and steal Plaintiff and Class Members' Private
Information from Defendant's care, says the complaint.
The Plaintiff and Class Members are current and former employees of
Defendant.
The Defendant provides commercial cleaning and janitorial services
to a diverse range of corporate clients across the country.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
- and -
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Phone: (868) 252-0878
Email: jnelson@milberg.com
PRESTIGE MAINTENANCE: Moran Sues Over Data Breach
-------------------------------------------------
Steven Moran, individually and on behalf of all others similarly
situated v. PRESTIGE MAINTENANCE USA, LTD., Case No. 4:25-cv-00806
(E.D. Tex., July 27, 2025), is brought arising out of the recent
data breach ("Data Breach") involving Defendant.
By obtaining, collecting, using, and deriving a benefit from the
Private Information of Plaintiff and Class Members, Defendant
assumed legal and equitable duties to those individuals to protect
and safeguard that information from unauthorized access and
intrusion.
The Defendant failed to adequately protect Plaintiff's and Class
Members' Private Information––and failed to even encrypt or
redact this highly sensitive information. This unencrypted,
unredacted Private Information was compromised due to Defendant's
negligent and/or careless acts and omissions and its utter failure
to protect Plaintiff's and Class Members' sensitive data. Hackers
targeted and obtained Plaintiff's and Class Members' Private
Information because of its value in exploiting and stealing the
identities of Plaintiff and Class Members. The present and
continuing risk of identity theft and fraud to victims of the Data
Breach will remain for their respective lifetimes.
In breaching its duties to properly safeguard Plaintiff's and Class
Members' Private Information and give them timely, adequate notice
of the Data Breach's occurrence, Defendant's conduct amounts to
negligence and/or recklessness and violates federal and state
statutes, says the complaint.
The Plaintiff provided their Private Information to Defendant.
The Defendant is a provider of commercial janitorial and facility
services.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Leanna Loginov. Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Email: ashamis@shamisgentile.com
lloginov@shamisgentile.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
520 S. Dixie Hwy, #240
Hallandale Beach, FL 33009
Phone: 954.799.5914
Email: rachel@dapeer.com
PUFFY LLC: Webb Sues Over Deceptive Business Practices
------------------------------------------------------
Cassandra Webb, individually and on behalf of all others similarly
situated v. PUFFY LLC, Case No. 2:25-cv-06970 (C.D. Cal., July 29,
2025), is brought under the California's False Advertising Law, the
California's Consumer Legal Remedies Act and the Federal Trade
Commission's regulations as a result of the Defendants unlawful,
unfair, and deceptive business practices.
On its website, Defendant lists purported regular prices and
advertises purported limited-time sales offering steep
discounts--for example, "$1,350 IN SAVINGS"--from those listed
regular prices. The Defendant uses countdown clocks to convey that
its sales are limited time and on the verge of ending. The
countdown clocks represent that the sale will end in a matter of
hours.
Far from being time-limited, however, steep sitewide discounts on
Defendant's Products are always available. As a result, everything
about Defendant's price and purported discount advertising is
false. The list prices Defendant advertises are not actually
Defendant's regular prices, or the prevailing market value of
Defendant's Products, because Defendant's Products are always
available for less than that. The purported discounts Defendant
advertises are not the true discount the customer is receiving, and
are often not a discount at all. Nor are the purported discounts
limited time--quite the opposite, they are always available.
The Defendant advertised that sales were going on, and Defendant
represented that the Products the Plaintiff purchased were being
offered at a steep discount from the purported regular prices that
Defendant advertised. And based on Defendant's representations, the
Plaintiff believed that she was purchasing Products whose regular
price and market value were the purported list prices that
Defendant advertised, that she was receiving substantial discounts,
and that the opportunity to get those discounts was time-limited.
These reasonable beliefs are what caused the Plaintiff to buy from
Defendant when she did.
The representations the Plaintiff relied on, however, were not
true. The purported regular price was not the true regular price
that Defendant sells the Product for, the purported discount was
not the true discount, and the discount was ongoing-- not
time-limited. Had Defendant been truthful, the Plaintiff and other
consumers like her would not have purchased the Products, or would
have paid less for them, says the complaint.
The Plaintiff purchased the "Puffy Lux Mattress – Hybrid / King"
from Defendant's website, www.puffy.com.
Puffy LLC sells and markets mattresses and bedding products
online.[BN]
The Plaintiff is represented by:
Simon Franzini, Esq.
Vivek Kothari, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Phone: (310) 656-7066
Facsimile: +1 (310) 656-7069
Email: simon@dovel.com
vivek@dovel.com
RAJEEV MAINI: Rodriguez Sues Over Misappropriation of Tips
----------------------------------------------------------
Hector Rodriguez and William Orgera, individually and on behalf of
all others similarly situated v. RAJEEV MAINI, REKHA MAINI, THE
METROPOLITAN CATERERS USA LLC d/b/a THE METROPOLITAN CATERERS and
THE METROPOLITAN OF GLEN COVE, LLC, Case No. 2:25-cv-04205
(E.D.N.Y., July 29, 2025), is brought for wage theft and
misappropriation of tips, pursuant to the Fair Labor Standards Act
(the "FLSA") and New York Labor Law (the "NYLL").
The Plaintiffs were supposed to receive approximately $150 plus
tips for each event worked. Instead, they received their base wage
but not their rightfully earned tips, which Defendants pocketed for
themselves. The Plaintiffs seek an award of compensatory and
liquidated damages, plus pre- and post-judgment interest and
reasonable attorneys' costs and fees. The Defendants intentionally,
willfully, and repeatedly followed a pattern, practice, and/or
policy of expropriating tips for themselves and refusing to
disburse tips to their employees, says the complaint.
The Plaintiffs worked and were employed by Defendants, individually
and/or jointly, as event staff and bartenders.
The Defendants own and operate a wedding venue and event space in
Long Island, New York.[BN]
The Plaintiff is represented by:
Zachary Naidich, Esq.
NAIDICH LAW
137 5th Avenue, 9th Fl.
New York, NY 10010
Phone: 646.551.5694
RDB MANAGEMENT: White Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against RDB Management LLC,
et al. The case is styled as Kylah Johnson White, individually, and
on behalf of other similarly situated employees v. RDB Management
LLC, Amada Senior Care 235 LLC, Case No. 25STCV22498 (Cal. Super.
Ct., Los Angeles Cty., July 29, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
RDB Management -- https://www.rdbmanagement.com/ -- manages a
selection of fine properties throughout Southern California.[BN]
The Plaintiff is represented by:
Karen Gold, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-439-5208
Email: kgold@blackstonepc.com
REFRESCO BEVERAGES: Remington Suit Removed to W.D. Washington
-------------------------------------------------------------
The case captioned as Eric Remington, individually and on behalf of
all others similarly situated v. REFRESCO BEVERAGES US INC., a
Georgia Corporation; and DOES 1-20, as yet unknown Washington
entities, Case No. 25-2-19588-1 SEA was removed from the Superior
Court of King County, Washington, to the United States District
Court for Western District of Washington on July 29, 2025, and
assigned Case No. 2:25-cv-01425.
The Plaintiff's Complaint includes a single claim for relief for
Violation of Washington's Wage Transparency Law. The crux of the
action is that Plaintiff alleges he applied for a job with
Defendant a job posting that allegedly did not disclose the wage
scale or salary range for the position in violation of Washington
law.[BN]
The Defendants are represented by:
John S. Devlin, III, Esq.
Erin M. Wilson, Esq.
Priya B. Vivian, Esq.
BALLARD SPAHR LLP
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Phone: 206-223-7000
Fax: 206-223-7107
Email: devlinj@ballardspahr.com
wilsonem@ballardspahr.com
vivanp@ballardspahr.com
REILY FOODS: Tate Sues Over False and Misleading Packaging
----------------------------------------------------------
Lakema Tate, an individual, on behalf of herself and all others
similarly situated v. REILY FOODS COMPANY, a Delaware Corporation,
Case No. 25STCV20401 (Cal. Super. Ct., Los Angeles Cty., July 9,
2025), is brought on behalf of California consumers of Defendant's
Carroll Shelby's line of chili and seasonings products which
includes Texas Chili, Chicken Chili, Taco Seasoning and Birria Taco
Seasoning (collectively the "Products" or individually the
"Product") who have purchased the Products with the Texas
Representations on the front of the packaging which is false and
misleading.
The Defendant's marketing, labeling, and sale of the Products
mislead reasonable consumers to believe that the Products are
produced in Texas, by using the following phrase on the front
label: "THE TEXAS ORIGINAL" (Texas Representations"). Consumers
interpret the Texas Representations to mean that the Products are
produced in Texas. Unfortunately for consumers, the Texas
Representations are false and misleading because the Products are
produced in Louisiana.
By labeling the Products with the Texas Representations, Defendant
creates consumer deception and confusion. A reasonable consumer
purchases the Products believing that they are from Texas. However,
a reasonable consumer would not deem the Products to be from Texas
if they knew the Products were produced in Louisiana.
The Defendant's misrepresentations about the Products were uniform
and were communicated to Plaintiff, and every other member of the
Class, at every point of purchase and consumption throughout the
Class Period, says the complaint.
The Plaintiff has purchased the Products.
The Defendant is in the business of manufacturing, distributing and
selling food products throughout the country, including in
California.[BN]
The Plaintiff is represented by:
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Phone: (619) 353-7966
Email: ben@bentravislaw.com
- and -
Michael Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Phone: (212) 643-0500
Email: mreese@reesellp.com
SEEK NOW: Violates FLSA, McPherson Suit Says
--------------------------------------------
ROBERT W. MCPHERSON on behalf of himself and all others similarly
situated, Plaintiff v. SEEK NOW INC., Defendant, Case No.
3:25-cv-00464-RGJ (W.D. Ky., July 25, 2025) seeks to recover
compensation, liquidated damages, attorneys' fees and costs, and
other equitable relief pursuant to the Fair Labor Standard Act.
According to the complaint, the Defendant failed to pay Named
Plaintiff and the Putative Plaintiffs one-and one half times their
respective regular rates for all hours worked over 40 in a
workweek, and as such, Defendant has violated the FLSA.
Named Plaintiff further alleges that Defendant has been unjustly
enriched at the expense of Named Plaintiff and the Putative
Plaintiffs by subjecting them to deductions, charges, and/or
expenses that are typically borne by employers and are for the
employer's benefit.
Plaintiff McPherson has worked for the Defendant as a home
inspector from approximately May 2020 to the present.
Seek Now, Inc. is an insurance inspection platform and real estate
services provider. [BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
Joshua A. Frank, Esq.
Nicole A. Chanin, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2202
E-mail: dgarrison@barrettjohnston.com
jfrank@barrettjohnston.com
nchanin@barrettjohnston.com
- and -
Robert E. DeRose, Esq.
Anna R. Caplan, Esq.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
Facsimile: (614) 744-2300
E-mail: bderose@barkanmeizlish.com
acaplan@barkanmeizlish.com
SHOE CARNIVAL: Dalton Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Shoe Carnival, Inc., Case No. 0:25-cv-03047-JWB-DTS (D.
Minn., July 29, 2025), is brought arising because Defendant's
Website (www.shoecarnival.com) is not fully and equally accessible
to people who are blind or who have low vision in violation of both
the general non-discriminatory mandate and the effective
communication and auxiliary aids and services requirements of the
Americans with Disabilities Act (the "ADA") and its implementing
regulations. In addition to her claim under the ADA, Plaintiff also
asserts a companion cause of action under the Minnesota Human
Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers shoes and accessories for sale including, but
not limited to, sneakers, boots, sandals, wedges and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
SIMULATIONS PLUS: Rosen Law Probes Potential Securities Claims
--------------------------------------------------------------
WHY: New York, N.Y., August 9, 2025. Rosen Law Firm, a global
investor rights law firm, continues to investigate potential
securities claims on behalf of shareholders of Simulations Plus,
Inc. (NASDAQ:SLP) resulting from allegations that Simulations Plus
may have issued materially misleading business information to the
investing public.
SO WHAT: If you purchased Simulations Plus securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
WHAT TO DO NEXT: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=42476or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
WHAT IS THIS ABOUT: On July 15, 2025, during market hours, Benzinga
published an article entitled "Simulations Plus Sees Weaker Demand
Persist, Outlook Softens." The article stated that Simulations Plus
shares had declined "following the release of [Simulations Plus']
third-quarter 2025 earnings report." The article stated that
Simulations Plus had reported sales of $20.4 million, representing
a 10% year-over-year increase, but this fell short of the consensus
estimate of $20.9 million." Further, "[t]his miss followed
preliminary third-quarter sales figures released in June, which
were already lower than expectations at $19 million to $20 million,
compared to a consensus of $22.78 million."
On this news, Simulations Plus' stock fell 25.75% on July 15,
2025.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827 [GN]
SISTERS OF CHARITY: Jones Suit Removed to D. Colorado
-----------------------------------------------------
The case captioned as Fletcher Jones, individually and on behalf of
all similarly situated persons v. SISTERS OF CHARITY LEAVENWORTH
HEALTH, Case No. 2025CV30029 was removed from the District Court,
Broomfield County, Colorado, to the United States District Court
for District of Colorado on July 25, 2025, and assigned Case No.
1:25-cv-02301.
The Plaintiff's Amended Complaint asserts claims under the Colorado
Wage Claim Act ("CWCA"), the Colorado Minimum Wage Act ("CWMA"),
Colorado's Civil Theft Statute, and the Denver Civil Wage Theft
Ordinance for failure to pay wages due, including overtime
(specifically that Defendant failed to include holiday premium pay
in the regular rate for overtime), failure to provide meal and rest
breaks in accordance with Colorado law, failure to pay minimum
wage, and civil theft.[BN]
The Defendants are represented by:
Jason N.W. Plowman, Esq.
STEWART, P.C.
Gateway Tower West
15 West South Temple, Suite 950
Salt Lake City, UT 84101
Phone: 801-658-6085
Email: jason.plowman@ogletree.com
- and -
Rebecca M. Lindell, Esq.
2000 South Colorado Boulevard
Tower Three, Suite 900
Denver, CO 80222
Phone: 303.764.6800
Facsimile: 303.831.9246
Email: rebecca.lindell@ogletree.com
SKOPOS FINANCIAL: Oregon Court Refuses to Dismiss Wilson TCPA Suit
------------------------------------------------------------------
Judge Michael J. McShane of the U.S. District Court for the
District of Oregon, Eugene Division, denies the Defendant's motion
to dismiss the lawsuit titled CHET WILSON, individually and on
behalf of all others similarly situated, Plaintiff v. SKOPOS
FINANCIAL, LLC d/b/a REPRISE FINANCIAL, Defendant, Case No.
6:25-cv-00376-MC (D. Or.).
Plaintiff Chet Wilson brings this putative class action against
Defendant Skopos Financial d/b/a Reprise Financial, alleging that
the Defendant violated the Telephone Consumer Protection Act
("TCPA") by sending solicitous text messages to phone numbers, like
the Plaintiff's, on the national do-not-call registry ("DNC
Registry").
The Plaintiff is a resident of Florence, Oregon. The Defendant is
an auto-loan lender based in Texas. At least 30 days after the
Plaintiff registered his phone number on the DNC Registry, that
number received four text messages from the Defendant.
The Plaintiff filed his Complaint on March 4, 2024, alleging that
the Defendant violated the TCPA by sending those four text messages
to a number on the DNC Registry. The Complaint further alleges
that, as part of its business practice, the Defendant sends
telemarketing solicitations via text message to consumers in hopes
that they will apply for auto loans through the Defendant. The
Plaintiff seeks to bring a class action on that basis, claiming the
unauthorized messages caused him and others harm, like aggravation,
nuisance and invasion of privacy, wear and tear on their
telephones, consumption of battery life, lost cellular minutes, and
loss of value.
The Defendant moves to dismiss the Complaint, arguing the Plaintiff
has failed to state a claim for relief because: (1) the text
messages at issue do not constitute "telephone solicitations" as
defined by the TCPA and (2) Section 227(c) creates a cause of
action for "telephone calls," not text messages.
Judge McShane finds that the Complaint sufficiently alleges that
the Plaintiff received "telephone solicitations." The Court,
therefore, declines to dismiss the Complaint, finding that it
plausibly alleges the Defendant initiated the text messages to a
number listed on the DNC Registry for the purpose of encouraging
the purchase or rental of, or investment in, property, goods, or
services.
The Defendant raises a secondary argument in favor of dismissal. It
contends that, because Section 227(c)(5) explicitly references
"telephone calls" in its cause of action, it does not allow for
plaintiffs to bring TCPA claims based on text messages sent in
violation of the DNC Registry.
Judge McShane holds that the Defendant is incorrect. Judge McShane
points out that the cause of action provided in Section 227(c)(5)
includes text messages. Moreover, the Federal Communications
Commission's ("FCC") decision to include text messages is congruent
with Congress's overarching goals for the TCPA.
Judge McShane opines that it t cannot be argued in good faith that
text messages are so categorically different from phone calls that
the former cannot be considered an invasion of consumer privacy
when directed at numbers on the DNC Registry.
On this point, Judge McShane points out that the Defendant is
without support. The Court concludes that unsolicited text messages
sent in violation of the DNC Registry can give rise to a cause of
action under Section 227(c)(5). Hence, the Court denies the
Defendant's Motion to Dismiss.
A full-text copy of the Court's Opinion and Order is available at
https://tinyurl.com/46ua3p5d from PacerMonitor.com.
* * *
Following the Court's ruling, Skopos Financial, LLC filed its
answer to the Complaint, with Jury Demand. The Court has set a
Rule 16 Conference for Aug. 27 at 10:00 a.m. in Eugene by telephone
before Judge Michael J. McShane.
SONDER HOLDINGS: Continues to Defend Duffaydar Securities Suit
--------------------------------------------------------------
Sonder Holdings Inc. disclosed in its Form 10-K Report for the
annual period ending December 31, 2024 filed with the Securities
and Exchange Commission on July 23, 2025, that the Company
continues to defend itself from the Duffaydar securities class suit
in the United States District Court for the Central District of
California.
On April 11, 2024, a putative securities class action lawsuit
titled Duffaydar v. Sonder Holdings Inc., et al., Case No.
24-cv-2952 was filed in the U.S. District Court for the Central
District of California (the "Central District Court") naming the
Company and certain of its current and former officers and
directors as defendants.
A lead plaintiff and lead counsel were appointed, and an amended
complaint was filed on December 23, 2024. The amended complaint
purports to bring suit on behalf of stockholders who purchased or
otherwise acquired the Company's securities between March 16, 2023
and March 15, 2024, and alleges that the defendants made false and
misleading statements about the Company's financial results and
condition, including the Company's valuation of operating lease
right of use assets, in violation of Sections 10(b) and 20(a) of
the Exchange Act.
The amended complaint seeks unspecified compensatory damages, fees
and costs. The defendants filed a motion to dismiss on February 21,
2025 and the Central District Court took the defendant's motion to
dismiss under submission.
The Company cannot reasonably estimate the amount of any possible
financial loss that could result from this matter.
The Company believes the plaintiffs' allegations are without merit
and intends to defend the action vigorously.
Sonder Holdings Inc., provides short and long-term accommodations
to travelers in various cities across North America, Europe, and
the Middle East. It also operates boutique hotels.
SONDER HOLDINGS: Continues to Defend Porter Stockholder Class Suit
------------------------------------------------------------------
Sonder Holdings Inc. disclosed in its Form 10-K Report for the
annual period ending December 31, 2024 filed with the Securities
and Exchange Commission on July 23, 2025, that the Company
continues to defend itself from the Porter stockholder class suit
in the the Court of Chancery of the State of Delaware.
On December 23, 2024, a putative stockholder of GMII filed a
purported class action lawsuit titled Porter v. Metropoulos, et
al., Case No. 2024-1336 in the Court of Chancery of the State of
Delaware against Gores Metropoulos Sponsor II, the directors and
officers of GMII, and two of the Company's officers.
The complaint purports to assert claims for breach of fiduciary
duty, aiding and abetting breach of fiduciary duty and unjust
enrichment in connection with the merger between GMII and Legacy
Sonder and seeks unspecified damages and disgorgement. An amended
complaint was filed on May 9, 2025, which dismissed one of the
Company's officers. The defendants filed a motion to dismiss on May
23, 2025.
The Company cannot reasonably estimate the amount of any possible
financial loss that could result from this matter.
Sonder Holdings Inc., provides short and long-term accommodations
to travelers in various cities across North America, Europe, and
the Middle East. It also operates boutique hotels.
SOUTH GEORGIA CENTER: Hodge Sues Over Recent Cyberattack
--------------------------------------------------------
Doris Hodge, on behalf of herself and all others similarly situated
v. SOUTH GEORGIA CENTER FOR CANCER CARE, LLC, and INTEGRATED
ONCOLOGY NETWORK LLC, Case No. 3:25-cv-00852 (M.D. Tenn., July 25,
2025), is brought arising from a recent cyberattack resulting in a
data breach of sensitive information in the possession and custody
and/or control of Defendants (the "Data Breach").
The Data Breach occurred between December 13, 2024, and December
16, 2024, but was not discovered by Defendants until several months
later. Following an internal investigation, Defendants learned the
Data Breach resulted in unauthorized disclosure, exfiltration, and
theft of current and former patients' personally identifying
information ("PII") including names, addresses, dates of birth,
financial account details, and Social Security Numbers, as well as
their protected health information "(PHI"), including diagnoses,
lab results, medications, treatment information, health insurance
and claims information, provider names and treatment dates.
Plaintiff refers to both PII and PHI collectively as "Sensitive
Information."
The Defendants failed to promptly inform Class Members even though
Plaintiff and thousands of Class Members had their most sensitive
personal information accessed, exfiltrated, and stolen, causing
them to suffer ascertainable losses in the form of the loss of the
benefit of their bargain and the value of their time reasonably
incurred to remedy or mitigate the effects of the attack.
The Defendants' failure to timely detect and report the Data Breach
made patients vulnerable to identity theft without any warnings to
monitor their financial accounts or credit reports to prevent
unauthorized use of their Sensitive Information. The Defendants
knew or should have known that each victim of the Data Breach
deserved prompt and efficient notice of the Data Breach and
assistance in mitigating the effects of PII and PHI misuse.
In failing to adequately protect Plaintiff's and the Class's
Sensitive Information, failing to adequately notify them about the
breach, and by obfuscating the nature of the breach, Defendants
violated state and federal law and harmed an unknown number of its
current and former patients and prospective patients, says the
complaint.
The Plaintiff was a patient and Data Breach victim.
ION, an oncology network that provides oncology practice management
and advisory services to physicians, groups, hospitals, and
investors throughout the country, lost control over its affiliated
entity and client's patients' highly sensitive personal
information, including SGCCC.[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
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS & BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
SOUTHWEST AIRLINES: Continues to Defend Labor Class Suit in Calif.
------------------------------------------------------------------
Southwest Airlines Co. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2024 filed with the Securities and
Exchange Commission on July 24, 2025, that the Company continues to
defend itself from a labor class suit in the Superior Court of
California.
On December 27, 2019, a former customer service agent at Oakland
International Airport, filed a putative class action complaint in
the Superior Court of California, for the County of Santa Clara,
against the Company alleging the following seven claims under the
California Labor Code and Business & Professions Code: (1) failure
to provide meal periods; (2) failure to provide rest periods; (3)
failure to pay hourly wages; (4) failure to provide accurate wage
statements; (5) failure to timely pay all final wages; (6) unfair
competition; and (7) civil penalties for the foregoing.
Plaintiff filed a First Amended Complaint on October 15, 2021, that
asserted the same causes of action and added a named plaintiff. The
First Amended Complaint primarily seeks unpaid wages, interest
thereon, and associated civil and statutory penalties, along with
attorneys' fees and costs.
On February 26, 2025, the Court granted class certification as to
the first cause of action for failure to provide meal periods,
denied certification on the second through fourth causes of action,
and granted certification on the fifth and sixth causes of action
only insofar as they are predicated on the first cause of action.
The certified class consists of all of the Company's non-exempt
ground employees in California who worked a shift in excess of five
hours for the time period between October 24, 2014, forward.
On April 17, 2025, the Company filed a summary judgment motion
arguing that Plaintiffs' first cause of action, and all causes of
action predicated thereon, failed as a matter of law.
The motion was argued on July 9, 2025, and the Court has not yet
issued a final order. Trial is currently set for August 11, 2025.
The Company is currently not able to estimate a range of possible
loss with regards to the litigation to which it is a defendant.
Southwest Airlines Co. is a domestic airline that provides
primarily short-haul, high-frequency, and point-to-point services.
The Company offers flights throughout the United States. [BN]
SOUTHWEST AIRLINES: Continues to Defend Retirement Savings Suit
---------------------------------------------------------------
Southwest Airlines Co. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2024 filed with the Securities and
Exchange Commission on July 24, 2025, that the Company continues to
defend itself from a Retirement Savings Plan class suit in the
United States District Court for the Northern District of Texas.
On January 28, 2025, two participants in the Company's retirement
plans commenced a putative class action in the United States
District Court for the Northern District of Texas against the
Company, the Board, and certain of the Company's officers.
Plaintiffs purport to represent a class consisting of participants
and beneficiaries in the Southwest Airlines Co. Retirement Savings
Plan, the Southwest Airlines Co. 401(k) Plan, and the Southwest
Airlines Co. ProfitSharing Plan (collectively, the "Plan") who
invested in the Harbor Capital Appreciation Fund from January 28,
2019 "through the date of judgment."
The complaint asserts that defendants mismanaged Plan assets and
failed to monitor the Plan in violation of the Employee Retirement
Income Security Act by, among other things, failing to remove the
Harbor Fund as an investment option.
The complaint seeks various forms of declaratory and monetary
relief as well as attorneys' fees, interest and other costs. The
defendants deny all allegations of wrongdoing, believe the
plaintiffs’ claims are without merit, and intend to vigorously
defend against these claims.
Southwest Airlines Co. is a domestic airline that provides
primarily short-haul, high-frequency, and point-to-point services.
The Company offers flights throughout the United States. [BN]
SPECTRUM BRANDS: Lopez Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Victor Lopez, on behalf of himself and all other persons similarly
situated v. SPECTRUM BRANDS HOLDINGS, INC., Case No. 1:25-cv-06247
(S.D.N.Y., July 28, 2025), is brought against the Defendant for its
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by the Plaintiff
and other blind or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://www.spectrumbrands.com/, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
SPECTRUM BRANDS HOLDINGS, INC., operates the Spectrum Brands online
retail store, as well as the Spectrum Brands interactive Website
and advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: Michael@Gottlieb.legal
Danalgottlieb@aol.com
Jeffrey@gottlieb.legal
SPRING ENERGY: Nock's TCPA Suit to be Transferred to Maryland
-------------------------------------------------------------
In the case captioned as Robert Nock, an individual, on his own
behalf and on behalf of all others similarly situated, Plaintiff,
v. Spring Energy RRH, LLC d/b/a Spring Power & Gas, RRH Energy
Services, LLC and Richmond Road Holdings, LLC, Delaware limited
liability companies, Defendants, v. Endurance Sales & Marketing,
LLC, Third-Party Defendant, Civil Action No. 23-CV-1042 (LTS) (RWL)
(S.D.N.Y.), United States Magistrate Judge Robert W. Lehrburger of
the United States District Court for the Southern District of New
York granted Plaintiff's motion to transfer the case to the
District of Maryland for consolidation with related putative class
actions.
Plaintiff Robert Nock, a Maryland resident, commenced the current
action on February 8, 2023, claiming that Spring Energy RRH LLC
made unsolicited phone calls offering its energy products and
services in violation of the Telephone Consumer Protection Act, 47
U.S.C. Section 227 et seq. and corresponding Maryland law. The
complaint also names two Spring affiliates, RRH Energy Services,
LLC and Richmond Road Holdings, LLC. Discovery revealed that the
telemarketing calls were made by a Pakistani call center through a
chain of third-party subcontractors. Spring contracted with
Third-Party Defendant Endurance Sales & Marketing, LLC to provide
door-to-door, residential-customer marketing services. Endurance
subcontracted with Lonestar Marketing Group to locate sales agents,
including Neil St. Louis, who then engaged the Pakistani Call
Center. The parties dispute whether and to what extent Defendants
knew or expected that Endurance would use subcontractors who
procured telemarketing calls. The Endurance marketing campaign for
Spring began on March 29, 2021, and ended on May 11, 2021.
After more than two years of litigation, and with Defendants'
summary judgment motion fully briefed and pending, Nock in May 2025
filed a motion to transfer the current case to the District of
Maryland so that it can be consolidated with two other putative
class actions – one filed by Nock a year ago, and the other filed
recently by Nock's attorneys.
Two Maryland Actions
The two other putative class actions refer to:
(A) On March 5, 2024, Nock filed a second putative TCPA class
action against different set of defendants involved in a
marketing campaign for a different energy company - Indra
Energy.
Both Neil St. Louis and the Pakistani Call Center were
involved in the Indra campaign. Discovery is continuing,
and Indra plans to file for summary judgment.
(B) On April 7, 2025, Nock's attorneys filed another putative
class action in the District of Maryland in the name of
plaintiff Elias Savada against the Defendants in the current
case (Spring, RRH, and Richmond), an additional affiliate of
Defendants, individual Richmond shareholders, and the
same Indra Defendants sued by Nock in his Maryland case
(the "Savada" action).
Although the Savada Action names both the Spring Defendants
and the Indra Defendants, it asserts that the claims concern
two different telemarketing campaigns for two different groups
of Defendants because the Spring campaign ran from March 29 to
May 11, 2021, while the Indra campaign ran from May 17 to
June 9, 2021.
Nock has argued that transfer and consolidation are warranted due
to changed circumstances, principally including the filing of the
two Maryland cases; the Spring Defendants' suggestion in their
summary judgment motion that at trial they may try to attribute
Spring-related calls to Indra; and deposition testimony of a former
Spring officer raising the prospect that Spring will not be able to
fund a judgment against it. As a result of those changes, Nock
argued, Maryland is a more convenient forum that will provide the
class with the best chance of recovery, and will avoid the prospect
of inconsistent rulings.
In opposition, the Spring Defendants argued that Nock's attorneys
filed the Savada Action as a tactical gambit to forestall a ruling
on Defendants' pending summary judgment motion and to obtain
additional discovery to fend off summary judgment that Nock did not
obtain. Defendants further argued that the Southern District of
New York remains a more convenient forum and that they will be
prejudiced by transfer and consolidation, particularly because the
two Maryland actions and the instant action are at much different
procedural postures.
Plaintiff Nock seeks transfer long after he chose to file in the
Southern District of New York. Even so, the New York District
Court concludes that Nock has met his burden to demonstrate that
the case should be transferred.
Judge Lehrburger finds that while Nock has overstated the extent
and import of changed circumstances, Defendants have validated
Nock's empty-chair concern by not renouncing their "same-period"
argument.
Nock identified three developments as changed circumstances: (1)
The filing of the two Maryland actions; (2) Defendants' motion for
summary judgment suggesting overlap between Spring and Indra
campaigns; and (3) The prospect of Spring filing for bankruptcy.
Nock made a strategic choice to file two separate actions against
two different sets of defendants and waited almost a year before
seeking transfer and consolidation.
The New York District Court concludes that the interests of justice
substantially weigh in favor of transfer. The Judge emphasizes
that there is a strong policy favoring the litigation of related
claims in the same tribunal in order that pretrial discovery can be
conducted more efficiently, duplicitous litigation can be avoided,
thereby saving time and expense for both parties and witnesses, and
inconsistent results can be avoided. The overlap between the
instant case, the Nock-Indra Action, and the Savada Action is
self-evident. All three actions are putative class actions
involving the same underlying facts and parties. Litigating the
three actions separately is more expensive, time consuming, and
resource intensive than if there were a single consolidated action
in one venue. Maintaining separate overlapping class actions in
two different districts undoubtedly will result in unnecessary
duplication of efforts by the parties and the courts and presents
the risk of inconsistent rulings.
Judge Lehrburger says, "... there are multiple contingencies
dependent on resolution of multiple motions – transfer,
dismissal, consolidation of Nock-Indra with Savada, and
consolidation of the [Spring] case with them. It is most sensible,
and will be most just, for one court to consider the issues
together. Having them considered by one court will be most
efficient and will provide the best opportunity to eliminate the
risk of inconsistent rulings. The Maryland court is in the best
position to do that, and the interests of justice substantially
weigh in favor of transfer."
A copy of Judge Lehrburger's judgment is available at
https://urlcurt.com/u?l=XwIlHJ
STAKE CENTER: Class Cert Bid Filing Extended to Sept. 2
-------------------------------------------------------
In the class action lawsuit captioned as Holtsclaw v. Stake Center
Locating, LLC, Case No. 1:24-cv-00490 (D. Colo., Filed Feb. 20,
2024), the Hon. Judge Regina M. Rodriguez entered an order
extending the Plaintiff's deadline to file for class certification
for a further 30 days until September 2, 2025.
The court notes that Plaintiff cites a discovery dispute as his
primary reason for requesting an extension of time to file for
class certification.
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving minimum wage or overtime compensation.
Stake is a provider of high-risk infrastructure and fiber optic
network locating services. [CC]
STAKE CENTER: Hourly Utility Locator Class Wins Certification
-------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL LOONSFOOT,
Individually and for Others Similarly Situated, v. STAKE CENTER
LOCATING, LLC, Case No. 3:23-cv-03171-DWD (S.D. Ill.), the Hon.
Judge David W. Dugan entered an order certifying the following
class:
"All hourly Utility Locators who worked for SCL in Illinois
who were subject to SCL's auto allowance policy, and/or per
diem pay scheme at any time from Sep. 21, 2020, to Aug. 5,
2025."
The Court appoints Plaintiff Michael Loonsfoot as class
representative. The Court appoints the law firm of Josephson
Dunlap, LLP and attorneys Richard M. Schreiber, Michael A.
Josephson, and Andrew Dunlap, as well as the law firm of Bruckner
Burch, PLLC and attorney Richard J. (Rex) Burch as class counsel.
The Plaintiff claims SCL failed to pay employees for compensable
"off-the-clock" work (work employees were allegedly required to
complete during their meal breaks, as well as before clocking in
and after clocking out).
In addition, Plaintiff claims SCL paid its employees an allowance
for "auto pay," but failed to include that amount in each
employee's regular rate of pay for purposes of calculating the
appropriate amount of overtime pay.
The Plaintiff claims that SCL's off-the-clock and auto pay policies
violate the Illinois Minimum Wage Law ("IMWL") by depriving
employees of overtime wages.
Stake provides utility locating services to utility owners and
operators across the country.
A copy of the Court's memorandum & order dated Aug. 5, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=mL73X3
at no extra charge.[CC]
SUGAR BEAR BROS: Trippett Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Alfred Trippett, on behalf of himself and all others similarly
situated v. SUGAR BEAR BROS., INC., Case No. 1:25-cv-01200
(S.D.N.Y., Feb. 11, 2025), is brought against the Defendant's
violation of the Americans with Disabilities Act ("ADA") the
Americans with Disabilities Act ("ADA") for their failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
On June 19, 2025, and again on July 15, 2025, Plaintiff visited the
Website intending to purchase an assortment of cakes and pastries
to surprise his partner. Despite his efforts, Plaintiff could not
complete a transaction due to the inaccessibility of the site. As a
result, he was denied the opportunity to independently enjoy the
same online services available to sighted customers.
The Defendant's failure to make its Website accessible excludes
blind and visually impaired users from participating in the digital
marketplace and denies them equal access to goods and services. In
doing so, Defendant violates Title III of the ADA, as well as state
and local civil rights laws, says the complaint.
The Plaintiff is visually impaired within the meaning of federal
and state disability laws, with vision no better than 20/200 even
with corrective lenses.
The Defendant owns and operates a bakery known as Empire Cake,
located in New York City, and sells a variety of cakes and pastries
through its Website.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: +1 347-941-4715
Email: glevy@glpcfirm.com
T-MOBILE USA: Ortiz Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against T-Mobile USA, Inc.
The case is styled as Aileen D. Ortiz, on behalf of herself and
others similarly situated v. T-Mobile USA, Inc., Case No.
25STCV22091 (Cal. Super. Ct., Los Angeles Cty., July 25, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American
wireless network operator headquartered in Bellevue,
Washington.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
TARGET CORPORATION: Serrano Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Giovanni Serrano, individually, and on behalf
of other members of the general public similarly situated v. TARGET
CORPORATION, a Minnesota corporation; and DOES 1 through 100,
inclusive, Case No. CVRI2502643 was removed from the Superior Court
of the State of California, County of Riverside, to the United
States District Court for Central District of California on July
25, 2025, and assigned Case No. 5:25-cv-01980-AH-MBK.
The Plaintiff's Complaint contains 10 causes of action alleging:
unpaid overtime pursuant to Labor Code Sections 510, 1198; unpaid
meal period premiums pursuant to Labor Code Sections 226.7, 512(a);
unpaid rest period premiums pursuant to Labor Code Section 226.7;
unpaid minimum wages pursuant to Labor Code Sections 1194, 1197,
1197.1; final wages not timely paid pursuant to Labor Code Sections
201, 202; wages not timely paid during employment pursuant to Labor
Code Section 204; non-compliant wage statements pursuant to Labor
Code Section 226(a); failure to keep requisite payroll records
pursuant to Labor Code Section 1174(d); unreimbursed business
expenses pursuant to Labor Code Sections 2800, 2802; and violation
of California Business & Professions Code Section 17200.[BN]
The Defendants are represented by:
Julie A. Dunne, Esq.
Taylor Wemmer, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92101
Phone: 858.677.1400
Phone: 858.677.1401
Email: julie.dunne@us.dlapiper.com
taylor.wemmer@us.dlapiper.com
- and -
Stephen L. Taeusch, Esq.
DLA PIPER LLP (US)
3203 Hanover Street, Suite 100
Palo Alto, CA 94304
Phone: 650.833.2000
Fax: 650.833.2001
Email: stephen.taeusch@us.dlapiper.com
TEA DATING ADVICE: Doe II Sues Over Failure to Secure PII
---------------------------------------------------------
Jane Doe II, individually, and on behalf of all others similarly
situated v. TEA DATING ADVICE INC., Case No. 3:25-cv-06336 (N.D.
Cal., July 29, 2025), is brought arising out of the Defendant's
failures to properly secure, safeguard, encrypt, and/or timely and
adequately destroy Plaintiff's and Class members' sensitive
personal identifiable information ("PII") that it had acquired and
stored for its business purposes.
On July 25, 2025, Tea Dating announced that a data breach occurred
on its network (the "Data Breach") when its app was breached, and
an unauthorized third party was able to exfiltrate approximately
72,000 images, including 13,000 images of selfies or selfies
featuring a photo identification that users submitted.
Due to Defendant's data security failures which resulted in the
Data Breach, cybercriminals were able to target Defendant's
computer systems and exfiltrate Plaintiff's and Class members'
highly sensitive and personally identifiable information ("PII" or
"Private Information"). Incredibly, even after becoming aware of
this initial Data Breach, on July 28, 2025, Defendant became aware
of a second, more extensive Data Breach, that included users' real
names, phone numbers, and extremely personal details. Hereinafter,
both events are collectively referred to as the "Data Breach."
As a result of this Data Breach, Plaintiff's and Class Members'
Private Information was compromised, stolen and remains in the
hands of those cybercriminals, and has been broadcast online, says
the complaint.
The Plaintiff provided her Private Information to Defendant as a
condition of and in exchange for obtaining services from
Defendant.
Tea Dating represents that it provides "dating safety tools that
protect women" by performing "background checks, catfish image
searches, sex offender searches, phone number lookup and criminal
record searches."[BN]
The Plaintiff is represented by:
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
Brandon P. Jack, Esq.
CLAYEO C. ARNOLD
A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Phone: (916) 239-4778
Email: aberry@justice4you.com
gharoutunian@justice4you.com
bjack@justice4you.com
- and -
Marc H. Edelson, Esq.
Liberato P. Verderame, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N300
Newtown, PA 18940
Phone: (215) 867-2399
Email: medelson@edelson-law.com
lverderame@edelson-law.com
TEA DATING ADVICE: Doe Sues Over Catastrophic and Data Breaches
---------------------------------------------------------------
Jane Doe, individually and on behalf of all others similarly
situated v. TEA DATING ADVICE, INC., Case No. 3:25-cv-06363 (N.D.
Cal., July 29, 2025), is brought arises from one of the most
catastrophic and ironic data breaches in the digital age--a
"safety" app designed to protect women exposed their most sensitive
personal information to the darkest corners of the internet.
On July 25, 2025, the unthinkable happened. 72,000
images--including Government-issued IDs--sat completely exposed on
the internet, accessible to anyone with a web browser (the "Data
Breach"). This was not an elaborate hack. Tea stored its most
sensitive user data in a Google Firebase storage bucket configured
for completely public access. Anyone who wanted could simply click
and download the most sensitive personal information of women who
trusted Tea with their safety. Unlike a typical breach, this Data
Breach was discovered not by Tea's security team, nor even by
ethical hackers, but by anonymous users on 4chan--the notorious
imageboard known for harassment campaigns against women.
Instead of protecting women like Jane Doe, Tea's shocking security
failures handed their identities to the very predators they sought
to avoid. The exposed data created a perfect kit for identity
theft: high-resolution government IDs showing full names and
addresses and selfies, many including EXIF location information,
among other sensitive and private information. For women who used
Tea to report dangerous men, the breach didn't just compromise
their financial security--it potentially exposed them to physical
danger from the very people they were warning others about – now
with maps of Tea users floating around the darker corners of the
web. There is also public online humiliation of the sexist, sexual,
and violent kind, and the potential for deepfakes.
Tea promised Jane Doe and millions of women anonymity. It promised
to delete verification data. It promised safety. Tea broke every
one of those promises. In an age where data breaches have become
commonplace, this case is striking: an anonymity platform that
exposed names, photos, and locations; a safety app that made its
users less safe; a tool meant to allow women to protect themselves
that instead handed their personal information to anyone passing
by, says the complaint.
The Plaintiff was required to provide, and did provide, her
sensitive PII to Defendant Tea in order to use the Tea app.
Tea -- "the first-ever dating safety platform for women" -- is an
app that provides a suite of dating screening services to women,
based on information about men obtained through crowdsourcing from
the app's users and public records.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive-Penthouse Suite
Beverly Hills, CA 90212
Phone: (858) 209-6941
Email: jnelson@milberg.com
TESLA INC: Autopilot & FSD Capability Suit Awaits Oral Argument
---------------------------------------------------------------
Tesla Inc. disclosed in its Form 10-Q Report for the quarterly
period ending June 30, 2025 filed with the Securities and Exchange
Commission on July 23, 2025, that the Autopilot and FSD Capability
class suit awaits oral argument date in the United States District
Court for the Northern District of California.
On February 27, 2023, a proposed class action was filed in the U.S.
District Court for the Northern District of California against
Tesla, Inc., Elon Musk and certain current and former Company
executives. The complaint alleges that the defendants made material
misrepresentations and omissions about the Company's Autopilot and
FSD Capability technologies and seeks money damages and other
relief on behalf of persons who purchased Tesla stock between
February 19, 2019, and February 17, 2023.
An amended complaint was filed on September 5, 2023, naming only
Tesla, Inc. and Elon Musk as defendants.
On November 6, 2023, Tesla moved to dismiss the amended complaint.
On September 30, 2024, the Court granted Tesla's motion to dismiss
without prejudice.
On November 26, 2024, the court issued a final judgment in Tesla's
favor, and on December 23, 2024, the plaintiffs filed a notice of
appeal to the United States Court of Appeals for the Ninth Circuit.
The appeal has been fully briefed, and the parties are awaiting a
date for oral argument.
Tesla is an American multinational automotive and clean energy
company.
TESLA INC: Bids for Lead Plaintiff Appointment Due October 3
------------------------------------------------------------
If you suffered a loss on your Tesla, Inc. (NASDAQ:TSLA) investment
and want to learn about a potential recovery under the federal
securities laws, follow the link below for more information:
https://zlk.com/pslra-1/tesla-inc-lawsuit-submission-form-2?prid=160407&wire=1&utm_campaign=8
or contact Joseph E. Levi, Esq. via email at
jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team
of experienced shareholder advocates.
THE LAWSUIT: A class action securities lawsuit was filed against
Tesla, Inc. that seeks to recover losses of shareholders who were
adversely affected by alleged securities fraud between April 19,
2023 and June 22, 2025.
CASE DETAILS: The filed complaint alleges that defendants made
false statements and/or concealed that: (i) Tesla overstated the
effectiveness of its autonomous driving technology; (ii) there was
thus a significant risk that the Company's autonomous driving
vehicles, including the Robotaxi, would operate dangerously and/or
in violation of traffic laws; (iii) the foregoing increased the
likelihood that Tesla would become subject to heightened regulatory
scrutiny; (iv) accordingly, Tesla's business and/or financial
prospects were overstated; and (v) as a result, the Company's
public statements were materially false and misleading at all
relevant times
WHAT'S NEXT? If you suffered a loss in Tesla, Inc. stock during the
relevant time frame - even if you still hold your shares - go to
https://zlk.com/pslra-1/tesla-inc-lawsuit-submission-form-2?prid=160407&wire=1&utm_campaign=8
to learn about your rights to seek a recovery. There is no cost or
obligation to participate.
WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP
has established itself as a nationally-recognized securities
litigation firm that has secured hundreds of millions of dollars
for aggrieved shareholders and built a track record of winning
high-stakes cases. The firm has extensive expertise representing
investors in complex securities litigation and a team of over 70
employees to serve our clients. For seven years in a row, Levi &
Korsinsky has ranked in ISS Securities Class Action Services' Top
50 Report as one of the top securities litigation firms in the
United States. Attorney Advertising. Prior results do not guarantee
similar outcomes.
CONTACT:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 17th Floor
New York, NY 10004
jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
https://zlk.com/ [GN]
TESLA INSURANCE: Mishandles Total Loss Claims, Magana Suit Says
---------------------------------------------------------------
CARLOS MAGANA, individually and on behalf of all others similarly
situated, Plaintiff v. TESLA INSURANCE COMPANY, a California
corporation; TESLA INSURANCE SERVICES, INC., a California
corporation; TESLA PROPERTY & CASUALTY, INC., a California
corporation; TESLA GENERAL INSURANCE, INC., an Arizona corporation;
STATE NATIONAL INSURANCE COMPANY, INC., a Texas corporation and
DOES 1-50, inclusive, Defendants, Case No. 25STCV20622 (Cal.
Super., Los Angeles Cty., July 11, 2025) alleges that Defendants
have breached their statutory and contractual obligations under the
California's Fair Claims Settlement Practices Regulations and
California Insurance Code 790.03.
The Plaintiff represents a class of policy holders who have been
victimized and sustained damages as a result of the Tesla
Defendants' misconduct. The Tesla Defendants' wrongful acts toward
Plaintiff and the putative insured class run the gamut from
significant delays in responding to communications about their
claims and claim status, requesting duplicative or unnecessary
documentation, dragging their feet in undertaking a meaningful
investigation into the claims, dilatorily transferring claims
between multiple adjusters, allowing without any justification
multiple weeks and even months to pass without reaching a coverage
determination, and delaying the issuance of settlement payments to
their insureds even after they have received all the required
documentation and the insureds' full cooperation in violation of
the state law.
The Tesla Defendants' wrongful and unreasonable delays and refusals
to act have forced Plaintiff and the putative class members to wait
months, or even years, without reliable transportation or the funds
needed to obtain a replacement vehicle or to pay for necessary
repairs.
The Plaintiff alleges that the Tesla Defendants' systemic delays
constitute a deliberate strategy to minimize claim payouts or, at a
minimum, a failure to implement and maintain adequate
claims-handling procedures which causes prolonged delays that
deprive insureds of timely compensation. In this class action, the
Plaintiff, for himself and for all other class members similarly
situated, seek damages from the Tesla Defendants for their breaches
of contract and bad faith conduct and to enjoin any further similar
wrongful acts by the Tesla Defendants.
The Plaintiff is an insured under an automobile policy underwritten
and/or issued by the Tesla Defendants.
Tesla Insurance Company offers basic insurance, comprehensive
liability, and collision packages.[BN]
The Plaintiff is represented by:
Maro Burunsuzyan, Esq.
David Scott, Esq.
LAW OFFICES OF MARO BURUNSUZYAN
A Professional Law Corporation
800 North Brand Boulevard, 8th Floor
Glendale, CA 91203
Telephone: (818) 507-5188
Facsimile: (818) 507-5199
E-mail: marob@marolaw.com
davids@marolaw.com
TEXAS ALCOHOL: Nelson Sues Over Cyberattack and Data Breach
-----------------------------------------------------------
Meranda Nelson, individually and on behalf of all others similarly
situated v. TEXAS ALCOHOL AND DRUG TESTING SERVICE, INC., Case No.
4:25-cv-03495 (S.D. Tex., July 29, 2025), is brought arising out of
a July 2024 cyberattack and data breach (the "Data Breach")
resulting from TADTS's failure to implement reasonable and
industry-standard data security practices to protect its subjects'
personal identifying information, including Private Information.
In providing such services "to businesses, government agencies, and
individuals across the country" TADTS collects a significant amount
of data – including test subjects' personally identifiable
information ("PII") such as names, dates of birth, Social Security
numbers, driver's license/government-issued identification,
passport number, bank/financial information, credit/debit card
information, biometric information, as well as health information
including health insurance information ("PHI") (collectively,
"Private Information"). TADTS collects, uses, and derives a benefit
from its subjects' extremely sensitive Private Information — and
it assumes a significant duty to protect that information.
The Data Breach compromised and exposed subjects' Private
Information such as name, date of birth, Social Security number,
driver's license/government-issued identification, passport number,
bank/financial information, credit/debit card information, username
and password, email and password, health insurance information,
USCIS or alien registration number, and biometric information, says
the complaint.
The Plaintiff provided certain PII and PHI to Defendant.
TADTS touts itself as "a nationally recognized leader in drug and
alcohol testing, providing comprehensive solutions for businesses,
government agencies, and individuals."[BN]
The Plaintiffs are represented by:
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, L.P.A.
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Phone: 513-345-8291
Fax: 513-345-8294
Email: jgoldenberg@gs-legal.com
- and –
Charles E. Schaffer, Esq.
SEDRAN & BERMAN
510 Walnut Steet, Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
- and -
Bart D. Cohen, Esq.
BAILEY & GLASSER LLP
1622 Locust Street
Philadelphia, PA 19103
Phone: (267) 973-4855
Email: bcohen@baileyglasser.com
THANG BOTANICALS: Faces Mazzeo Class Suit Over 7-OH Tablets
-----------------------------------------------------------
JOE MAZZEO, individually on behalf of himself and on behalf of all
others similarly situated v. THANG BOTANICALS, INC., and FTLS
HOLDINGS LLC, collectively doing business as 7ΩHMZ, and DOES 1-10,
inclusive, Case No. 1:25-cv-04393 (E.D.N.Y., Aug. 6, 2025) is a
civil class action against the Defendants for their false,
misleading, deceptive, and negligent sales practices regarding
their 7-Hydroxymitragynine ("7-OH") tablet products.
7-OH is an alkaloid (psychoactive chemical) found in the kratom
plant (mitragyna speciosa). Kratom is both a plant and a drug. The
plant originates from Southeast Asia where its leaves have long
been ingested to produce stimulant and opiate-like effects. Use of
kratom in the United States was practically non-existent until the
last decade. Since then, Kratom has become a massively popular
substance in the United States. This is because it is currently
legal to consume, and because of the stimulant and opiate-like
effects produced by its two major alkaloids: 7-OH and Mitragynine.
However, what consumers do not know is that the opiate-like effects
produced by Mitragynine and 7-OH are not the result of novel
chemical interactions in the brain. Rather, these alkaloids are
behaving, in part, exactly like opioids. That is, the Mitragynine
and 7-OH found in the kratom plant activate the same opioid
receptors in the human brain as morphine, heroin, and other
opiates. Consequently, kratom consumption has the same risks of
addiction, dependency, and painful withdrawal symptoms, among
various other negative side effects. But it gets worse. While both
active alkaloids in kratom interact with the opioid receptors, 7-OH
is substantially more potent than mitragynine, says the suit.
Indeed, some studies have shown that 7-OH is potentially more
potent than morphine in activating the mu-opioid receptor, which is
the receptor associated most strongly with opioid addiction. In raw
kratom though, 7-OH does not appear in great quantities, making up
less than 0.05% of kratom powder by weight. For raw kratom powder
consumers this means that normal doses of kratom powder do not
contain enough 7-OH to produce the intense narcotic effects (and
concomitantly strong withdrawals) characteristic of traditional
opioids.
This is not to say that kratom can be consumed with
abandon—kratom is highly addictive and will induce opioid
withdrawal symptoms if taken too frequently -- rather, this is to
say that in comparison to raw kratom addiction, the withdrawal
symptoms from pure 7-OH consumption would be substantially worse.
5. Defendants do not sell raw kratom. The Defendants' Tablets are
pure 7- Hydroxymitragynine. 14mg of it to be precise. This makes
Defendants' 7-OH Tablets substantially more addictive than even
kratom, and the withdrawal symptoms significantly worse, the suit
further alleges.
Thang owns and operates the 7-OHMZ website, www.7ohmz.com, and also
advertises, markets, distributes, and sells its 7-OHMZ Products in
New York, and throughout the United States.[BN]
The Plaintiff is represented by:
Neal J. Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
THREATCO SOUTH: Faces Henry Suit Over Blind-Inaccessible Website
----------------------------------------------------------------
CONSTANCE HENRY, on behalf of herself and all others similarly
situated Plaintiff v. Threatco South, LLC, d/b/a Survival Clothing
& Footwear, Defendant, Case No. 1:25-cv-08900 (N.D. Ill., July 30,
2025) is a civil rights action against Threatco South for its
failure to design, construct, maintain, and operate its website,
https://survivalmiami.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act.
On May 16, 2025, the Plaintiff visited Survivalmiami.com, and
intended to buy a T-shirt. However, while browsing the site, the
Plaintiff encountered significant accessibility issues that
prevented her from completing the purchase.
She asserts that the website contains access barriers that prevent
free and full use by her and blind persons using keyboards and
screen-reading software. These barriers are pervasive and include,
but are not limited to inaccurate landmark structure, inaccurate
heading hierarchy, changing of content without advance warning,
lack of alt-text on graphics, the denial of keyboard access for
some interactive elements, redundant links where adjacent links go
to the same URL address, and the requirement that transactions be
performed solely with a mouse, says the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in
Threatco South's policies, practices, and procedures so that its
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Threatco South, LLC operates the website that offers urban-style
apparel, sneakers, denim, and accessories.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (844) 731-3343
E-mail: Dreyes@ealg.law
TRAIL PLAZA: Isaacson Sues Over Discriminatory Barriers
-------------------------------------------------------
Dena Isaacson, by and through her next friend, ITZHAK ISAACSON, and
others similarly situated v. TRAIL PLAZA, LLC and BOTECO DO MANOLO
DEERFIELD LLC, Case No. 0:25-cv-61520-RS (S.D. Fla., July 29,
2025), is brought for injunctive relief pursuant to the Americans
with Disabilities Act (hereinafter, the "ADA"), and the ADA's
Accessibility Guidelines (hereinafter, the "ADAAG") as a result of
the Defendants' discriminatory architectural barriers.
The Plaintiff has previously visited the Subject Premises and
desires to return to take advantage of the goods, services, and
facilities made available to the public. However, the continued
existence of discriminatory architectural barriers and
non-compliant policies deters her from doing so.
Due to the physical accessibility issues outlined in this
Complaint, Plaintiff has been denied equal access to the Subject
Premises and prevented from fully enjoying the services and
benefits provided there. These denials will persist until such
barriers are properly addressed and removed.
The Plaintiff has suffered actual injury by encountering physical
accessibility barriers at the Subject Premises and continues to be
harmed by Defendants' failure to remedy these ADA violations. The
Plaintiff has been both directly and indirectly injured due to the
continued existence of physical barriers and Defendants' refusal or
neglect to bring the property into compliance with ADA
requirements, says the complaint.
The Plaintiff requires the use of both a walker and a wheelchair
for mobility and requires assistance in daily living.
BOTECO DO MANOLO is a Brazilian-style restaurant offering a diverse
menu of South American-inspired dishes, including skewered meats,
ceviche, empanadas, and traditional snacks.[BN]
The Plaintiff is represented by:
Lauren N. Wassenberg, Esq.
LAUREN N. WASSENBERG & ASSOCIATES, P.A.
33 SE 4th St., Ste. 100
Boca Raton, FL 33432
Phone: 844-702-8867
Email: WassenbergL@gmail.com
TRIPLE CANOPY: Jackson Sues Over Unlawfully Failed to Pay Wages
---------------------------------------------------------------
Shyhira Jackson, individually and on behalf of all others
similarly-situated v. TRIPLE CANOPY, INC., CONSTELLIS HOLDINGS,
LLC, Case No. 2:25-cv-04268 (E.D. Pa., July 29, 2025), is brought
contending that Defendants have unlawfully failed to pay her and
other similarly situated individuals employed in the position of
Security Officer or in positions with similar job duties ("Class
Plaintiffs") overtime compensation owed pursuant to the
requirements of and in violation of the Fair Labor Standards Act
("FLSA"), the Pennsylvania Minimum Wage Act ("PMWA"), and the
Philadelphia Wage Theft Ordinance ("PWTO").
Specifically, Defendants failed to pay Plaintiff and Class
Plaintiffs overtime compensation for compensable work that they
were required to perform at their job site(s) at the beginning and
end of their shifts including but not limited to time spent donning
and doffing essential gear, time spent "arming up" and
"downloading" weapons at the armory, and time spent proceeding
between security gates, locker rooms, the armory, and the guard
mount. Accordingly, Plaintiff contends that she and Class
Plaintiffs are owed unpaid overtime compensation and wages which
were denied to them as a result of Defendants' unlawful pay
practices, says the complaint.
The Plaintiff is a former employee of Defendants who was employed
in the position of Security Officer from August 2023 until July
2025.
Triple Canopy, Inc. is a for-profit corporation, formed in
Illinois.[BN]
The Plaintiff is represented by:
Jake Daniel Novelli, Esq.
Michael Murphy, Esq.
MURPHY LAW GROUP, LLC
Eight Penn Center, Suite 2000
1628 John F. Kennedy Blvd.
Philadelphia, PA 19103
Phone: 267-273-1054
Fax: 215-525-0210
Email: jnovelli@phillyemploymentlawyer.com
murphy@phillyemploymentlawyer.com
UNITED STATES: Federal Judge Blocks Ban on Birthright Citizenship
-----------------------------------------------------------------
Lauren Lifke of South Carolina Daily Gazette reports that a federal
judge in Maryland ordered a nationwide halt -- again -- to a Trump
administration order that sought to deny citizenship to babies born
in the United States if neither parent is a citizen or green-card
holder.
The ruling dated August 7 by U.S. District Judge Deborah Boardman
is the fourth to block President Donald Trump's executive order
since June. That's when the U.S. Supreme Court ruled that judges
around the country had exceeded their authority by issuing
nationwide blocks to presidential orders.
But the justices said lower courts could issue nationwide
injunctions to class-action lawsuits on behalf of all newborns in
the U.S. who might be affected.
Boardman rejected a request to include parents in the class-action
suit.
But she identified a nationwide class of children born in the U.S.
who "unquestionably would be citizens but for the Executive Order"
-- an order the judge said is "almost certainly unconstitutional."
She wrote that the plaintiffs -- eight undocumented mothers who are
pregnant or gave birth in the U.S. -- "are likely to succeed on the
merits of their constitutional claim because the Executive Order
contradicts the plain language of the Fourteenth amendment," which
says that "all persons" born in the U.S. are citizens of the
country and of the state in which they were born.
While the immigrants would be harmed in the absence of an
injunction, Boardman wrote, there would be little harm to the
government by continuing to extend birthright citizenship while the
lawsuit plays out.
Boardman rejected the government's argument that she should limit
her injunction to Maryland.
"That relief must include every child in the United States who is
subject to the Executive Order. After all, the Executive Order does
not target only children born in Maryland; it seeks to deny
citizenship to 'persons born in the United States,'" she wrote.
A government attorney declined to comment on the order, and emails
seeking comment from the White House were not immediately
returned.
But immigrant advocates welcomed Boardman's order.
"This is a national issue that affects every single one of us in
this country," said Ama Frimpong, legal director at CASA, which
filed suit with the immigrant women. (The national immigrant
advocacy organization originally stood for Central American
Solidarity Association.)
The Maryland suit was one of several around the country that were
filed soon after Trump's order on "Protecting the Meaning and Value
of American Citizenship," which he issued on Jan. 20, his first day
back in office.
It claimed that birthright citizenship was never meant to be a
universal right, and it said that anyone born after Feb.19 -- a
month after the order was signed -- would be denied citizenship
unless one parent was a citizen or permanent legal resident.
The order was swiftly challenged. Three judges, including Boardman,
issued nationwide injunctions to halt the order. When those were
upheld on appeal, the government took the case to the Supreme
Court, which said a national injunction could only be issued in a
class-action suit with a legitimate nationwide class of
plaintiffs.
Within hours of that ruling, attorneys for CASA were back in court,
filing paperwork to turn their case into a class-action suit,
adding women from North and South Carolina, among other states as
plaintiffs.
Boardman's approval of a class-action suit, and a national
preliminary injunction, comes almost a month after a U.S. District
judge in New Hampshire did the same thing.
Frimpong called Trump's order "just a part of the usual fear
tactics to make people afraid of what they believe the federal
government will do -- even though it will never happen because it
is blatantly unlawful and unconstitutional."
She said she anticipates that the Trump administration will again
appeal the decision. She predicts the case will go through the
ordinary course of litigation.
"What we are looking forward to is, once and for all, putting the
issue to bed and our courts making absolutely clear that the 14th
Amendment is not up for debate, and it's not up for subjective
interpretation," Frimpong said. "It is the law, and it is going to
remain the law." [GN]
UNITED STATES: James Files Bid for Class Certification
------------------------------------------------------
In the class action lawsuit captioned as Germaine James v. United
States of America, Case No. 2:24-cv-07745-MEMF-PD (S.D. Cal.), the
Plaintiff asks the Court to enter an order granting motion for
class certification.
U.S. is a country of 50 states covering a vast swath of North
America, with Alaska in the northwest and Hawaii extending the
nation’s presence into the Pacific Ocean.
A copy of the Plaintiff's motion dated July 21, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1zWwnx at no extra
charge.[CC]
The Plaintiff appears pro se.
VENTURE GLOBAL: Labaton Is Lead Counsel in Securities Fraud Case
----------------------------------------------------------------
In the case captioned as FirstFire Global Opportunities Fund LLC,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Venture Global, Inc. et al., Defendants, Civil
Action No. 25-CV-4642 (JAV) (S.D.N.Y.), Judge Jeannette A. Vargas
of the United States District Court for the Southern District of
New York granted the unopposed motion of Illinois Municipal
Retirement Fund for appointment as lead plaintiff and approved the
selection of Labaton Keller Sucharow LLP as lead counsel and Cohen
Milstein Sellers & Toll PLLC as liaison counsel for the class.
The action was originally commenced by FirstFire Global
Opportunities Fund LLC against Venture Global, Inc. and certain of
its officers, alleging violations of sections 11, 12(a)(2) and 15
of the Securities Act of 1933, as amended by the Private Securities
Litigation Reform Act of 1995.
On February 17, 2025, a securities class action was filed, Bowes v.
Venture Global, Inc., et al., seeking relief on behalf of all
shareholders that purchased stock pursuant to or traceable to
Venture's registration statement for an initial public offering
held on January 24, 2025. "The Complaint alleged that investors
bought Venture stock based on false or misleading information in
Venture's registration statement and prospectus regarding Venture's
ability to deliver liquefied natural gas faster and at a lower
cost."
The Court received seven motions to serve as lead plaintiff in the
Bowes case. Before the Court could rule on those motions, Plaintiff
Gerald Bowes filed a notice of voluntary discontinuance pursuant to
Rule 41(a)(1)(A)(i).
On April 15, 2025, the FirstFire action was filed in Virginia. "The
Complaint in FirstFire alleged that the registration statement and
prospectus were false and misleading, in that they did not disclose
production issues with respect to one of its pending projects, or
that costs with respect to another project were internally
projected to be substantially more than what was disclosed.
Three motions to proceed as lead plaintiff were filed in FirstFire
by Illinois Municipal Retirement Fund, the Pompano Retirement
System, and Kevin McVey and Todd Havill. The Pompano Retirement
System subsequently withdrew its motion. McVey and Havill filed a
notice of non-opposition to Illinois Municipal Retirement Fund's
motion, concluding they did not have the largest financial
interest.
On June 2, 2025, the district court granted Defendants' motion to
transfer venue of the FirstFire action to the Southern District of
New York pursuant to 28 U.S.C. Section 1404(a).
The Private Securities Litigation Reform Act directs the Court to
appoint the most adequate plaintiff to serve as lead plaintiff. The
Court must adopt a rebuttable presumption that the most adequate
plaintiff is the person or group that:
(aa) has either filed the complaint or made a motion in
response to notice;
(bb) has the largest financial interest in the relief sought
by the class; and
(cc) otherwise satisfies the requirements of Rule 23 of the
Federal Rules of Civil Procedure .
The Court found that Illinois Municipal Retirement Fund met its
burden of demonstrating that it is the most adequate party to serve
as lead plaintiff and therefore grants its motion.
Statutory notice was timely published in the Bowes case on February
17, 2025. Illinois Municipal Retirement Fund filed its motion for
appointment as lead plaintiff 60 days later, on April 18, 2025.
Accordingly, it satisfied the first requirement to become the
presumptive lead plaintiff.
The Court also found that Illinois Municipal Retirement Fund is the
movant asserting the largest financial interest. Courts apply a
four-factor test considering:
(1) Total shares purchased during the class period (in other
words, the difference between the amount spent to purchase shares
and the amount received for the sale of shares during the class
period);
(2) Net shares purchased (in other words, the difference
between the amount spent to purchase shares and the amount received
for the sale of shares during the class period);
(3) Net funds expended during the class period (in other
words, the difference between the amount spent to purchase shares
and the amount received for the sale of shares during the class
period); and
(4) Approximate losses suffered. "Of these factors, courts
have consistently held the fourth, the magnitude of the loss
suffered, most significant."
Illinois Municipal Retirement Fund purchased more than 2 million
shares of Venture stock between January 24, 2025, and February 13,
2025, and did not sell any of those shares during the class period.
The Fund has asserted losses of $17,512,283 on those stock
transactions as of the day the Bowes action was filed and The
Fund's asserted loss was $32,876,804 as of the date the FirstFire
action was subsequently filed.
McVey and Havill, the only other remaining movants, purchased only
6000 shares of Venture stock during the class period, and suffered
a financial loss of $129,046." The second requirement for Illinois
Municipal Retirement Fund to become presumptive lead plaintiff was
therefore met.
Illinois Municipal Retirement Fund made a preliminary showing that
it satisfies Rule 23 requirements. Like other members of the
proposed class, IMRF claims that Defendants issued false and
misleading statements that persuaded investors to participate in
the IPO and purchase common stock, resulting in losses to its
investors."
Nothing suggests the Fund has any conflict of interest with the
proposed class or is subject to unique defenses. The Fund certified
it is willing to fulfill lead plaintiff duties and has retained
experienced counsel. Given the lack of opposition, no proof was
offered rebutting this presumption.
Illinois Municipal Retirement Fund selected Labaton as lead counsel
and Cohen Milstein as liaison counsel. According to the Court, each
firm has substantial experience in the prosecution of securities
fraud class actions, having served as lead or co-lead counsel in
many securities class actions. and therefore the Court approved the
selection of both firms as counsel.
The Court established the following schedule: within 45 days, lead
plaintiff will either amend the operative complaint or indicate
they do not intend to amend. Defendants will file their anticipated
motion to dismiss within 60 days of either filing of an amended
complaint or notification that lead plaintiff does not intend to
amend. Lead plaintiff shall submit any opposition to the motion to
dismiss 60 days after the motion is filed. Reply briefs shall be
due 30 days after the opposition brief is filed.
A copy of the Court's opinion is available at
https://urlcurt.com/u?l=aryEjN from PacerMonitor.com
VETERANS SECURITY: Kofa Seeks to Recover OT Wages Under FLSA
------------------------------------------------------------
George Kofa, individually, and Carla Ransom, individually, On
behalf of themselves And all others similarly situated, v. Veterans
Security Services, LLC, an Oklahoma Limited Liability Company, Dale
Lee a/k/a Dale Marceaux, individually, Jason Alexander,
individually, and Steve Allen Gibson, individually, Case No.
5:25-cv-00875-D (W.D. Okla., Aug. 6, 2025) is a class action
lawsuit against the Defendants for mischaracterizing the Plaintiffs
as "independent contractors," unpaid overtime compensation,
compensation for benefits and related penalties and damages
pursuant to the Fair Labor Standards Act.
The Plaintiffs and prospective members of the collective are
individuals currently and formerly employed by the Defendants in
the state of Oklahoma and elsewhere to work as Security Officers.
The Security Officers were paid on hourly basis who worked more
than hours in a work week, and who were denied the statutorily
required overtime premium for all hours worked over 4o hours in a
work week, asserts the suit.
Veteran Security was founded in 2015. The company's line of
business includes providing detective, guard, and armored car
services.[BN]
The Plaintiff is represented by:
Ronald T. Shinn, Jr., Esq.
HB LAW PARTNERS PLLC
4217 28th AVE NW, Suite 101
Norman, OK 73069
Telephone: (405) 561-2410
Facsimile: (405) 563-9085
E-mail: Ron@hblawpartners.com
VIVID SEATS: Tracks Website Users Interaction, Janiga Alleges
-------------------------------------------------------------
JOHN JANIGA, on behalf of himself and all similarly situated
persons, v. VIVID SEATS INC., a Delaware corporation; VIVID SEATS
LLC, a Delaware limited liability company, Case No. 5:25-cv-02051
(C.D. Cal., Aug. 6, 2025) is a class action lawsuit brought by
Plaintiff on behalf of himself and on behalf of all California
residents who have accessed the Website, www.vividseats.com.
According to the complaint, when users visit the Website, the
Defendant causes tracking technologies to be installed, executed,
embedded, or injected in visitors' browsers. These include, but are
not limited to, the following Google Ads/DoubleClick Tracker,
Facebook Pixel Tracker, Twitter Tracker, Segment Tracker, and
FullStory Session Replay Tracker.
The third parties who operate the trackers use pieces of User
Information collected via the Website for their own independent
purposes tied to broader advertising ecosystems, profiling, and
data monetization strategies that go beyond Defendant’s direct
needs for their own financial gain, the lawsuit says.
A pixel tracker, also known as a web beacon, is a tracking
mechanism embedded in a website that monitors user interactions. It
typically appears as a small, transparent 1x1 image or a
lightweight JavaScript snippet that activates when a webpage is
loaded or a user performs a tracked action. When triggered, the
pixel transmits data from the user's browser to a third-party
server. This data typically includes page views, session duration,
referrer URLs, IP address, browser and device details, and other
interaction metadata, the suit asserts.
The Defendants own and operate a website, www.vividseats.com.[BN]
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Hwy., Suite 200
Newport Beach, CA 92663
Telephone: (949) 270-2798
E-mail: rnathan@nathanlawpractice.com
- and -
Ross Cornell, Esq.
LAW OFFICES OF ROSS CORNELL, APC
40729 Village Dr., Suite 8 - 1989
Big Bear Lake, CA 92315
Telephone: (562) 612-1708
E-mail: rc@rosscornelllaw.com
WATERMARK RETIREMENT: Court Grants Final OK on DeCarlo Settlement
-----------------------------------------------------------------
In the case captioned as Joseph DeCarlo, on his own behalf and on
behalf of others similarly situated, Plaintiff, v. Watermark
Retirement Communities, LLC, and Does 1-100, Defendants, Civil
Action No. 2:23-cv-01659-DSF-RAO (C.D. Cal.), Judge Dale S. Fischer
of the United States District Court for the Central District of
California granted final approval of the class action settlement.
The Court finds the class action settlement as set forth in the
Settlement Stipulation is fair, reasonable, and adequate. The
judgment establishes that each and every Releasing Party shall be
permanently barred and enjoined from initiating, asserting, or
prosecuting any Released Claim against any Released Party in any
court or any forum upon the Effective Date.
The Settlement Class encompasses all persons who resided at one of
the Watermark California Communities at any time during the
Settlement Class Period who contracted with and paid money to
Watermark pursuant to a Residency Agreement, and whose claims are
not subject to arbitration. The class specifically includes
residents who either never agreed to arbitration provisions in
writing or rescinded acceptance within the prescribed 30-day
period.
The settlement covers 18 Watermark California Communities including
The Watermark at Almaden, Fountains at Sea Bluffs, Fountains at
Carlotta, Watermark at San Ramon, Cottages of Carmel, Watermark at
Napa Valley, Watermark at Westwood Village, Watermark by the Bay,
Crown Cove, Raincross at Riverside, Whittier Place, Fremont Hills,
Sagebrook Senior Living at San Francisco, Watermark Laguna Niguel,
Sonrisa Senior Living, Hacienda Mission San Luis Ray, Watermark at
Rosewood Gardens, Lakeside Park, and Watermark at Beverly Hills.
The Settlement Class Period runs from March 6, 2019 through April
28, 2025, with specific variations for individual communities:
1. The Watermark at Almaden: February 1, 2023 forward
2. Sonrisa Senior Living: October 19, 2023 forward
3. Hacienda Mission San Luis Ray: September 1, 2023 forward
4. Watermark Laguna Niguel: September 15, 2023 forward
5. Fountains at Sea Bluffs: March 6, 2019 through March 31, 2023
6. Fountains at Carlotta: March 6, 2019 through April 30, 2023
7. Watermark at San Ramon: October 1, 2020 through April 14, 2024
8. Cottages of Carmel: March 6, 2019 through April 14, 2024
9. Watermark at Napa Valley: October 1, 2020 through April 14,
2024
10. Watermark at Westwood Village: April 1, 2021 through April 14,
2024
11. Watermark by the Bay: March 6, 2019 through June 30, 2024
12. Crown Cove: March 6, 2019 through June 30, 2024
13. Raincross at Riverside: March 6, 2019 through June 30, 2024
14. Whittier Place: March 6, 2019 through June 30, 2024
15. Fremont Hills: March 6, 2019 through September 4, 2024
16. Sagebrook Senior Living at San Francisco: April 1, 2022 through
September 30, 2024
The Court finds that the proposed Settlement Class meets the
requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3)
and is certified for settlement purposes only. The Named Plaintiff
was approved "as an adequate and typical representative of the
Settlement Class." Class Counsel approved for settlement
administration includes Stebner Gertler & Guadagni, Schneider
Wallace Cottrell Kim LLP, and Marks, Balette, Giessel & Young,
P.L.L.C.
Judge Fischer orders that the approved Settlement Administrator
(CPT Group) shall carry out settlement administration in accordance
with the terms of the Settlement Stipulation.
Judge Fischer approves Groceries for Seniors as the cy pres
recipient for settlement funds not distributed to Settlement Class
Members. Under the Settlement Stipulation, "settlement funds not
paid to Settlement Class Members will be paid by cy pres to
Groceries for Seniors."
Within 60 days after all Settlement Awards and cy pres payments
have been paid, Plaintiff is required to file a compliance report
detailing amounts paid to class members and the cy pres recipient.
A copy of Judge Fischer's decision is available at
https://urlcurt.com/u?l=viOTrt
WHITESTONE HOME: Douglass Seeks Approval of Class Settlement Deal
-----------------------------------------------------------------
In the class action lawsuit captioned as BLAIR DOUGLASS, on behalf
of himself and all others similarly situated, v. WHITESTONE HOME
FURNISHINGS, LLC d/b/a SAATVA, Case No. 2:25-cv-00460-DSC (W.D.
Pa.), the Plaintiff asks the Court to enter an order granting final
approval of the parties' class action settlement agreement.
Saatva is an American privately held e-commerce company that
specializes in luxury mattresses.
A copy of the Plaintiff's motion dated July 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pmDKyA at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin Tucker, Esq.
Kevin J. Abramowicz, Esq.
Chandler Steiger, Esq.
Stephanie Moore, Esq.
Kayla Conahan, Esq.
Jessica Liu, Esq.
EAST END TRIAL GROUP LLC
6901 Lynn Way, Suite 503
Pittsburgh, PA 15208
Telephone: (412) 877-5220
E-mail: ktucker@eastendtrialgroup.com
kabramowicz@eastendtrialgroup.com
csteiger@eastendtrialgroup.com
smoore@eastendtrialgroup.com
kconahan@eastendtrialgroup.com
jliu@eastendtrialgroup.com
WINDGATE RANCH: Engle Suit Removed to D. Nebraska
-------------------------------------------------
The case captioned as Teri L. Engle, individually, and on behalf of
a Class of all others similarly situated, and Brian J. Engle,
individually, and on behalf of a class of all others similarly
situated v. WINDGATE RANCH HOMEOWNERS ASSOCIATION, INC., a Nebraska
nonprofit corporation, and VANDELAY INDUSTRIES, LLC, a Nebraska
limited liability company, Case No. CI25-162 was removed from the
District Court for the State of Nebraska for the County of Douglas,
to the United States District Court for District of Nebraska on
July 29, 2025, and assigned Case No. 8:25-cv-00479-BCB-JMD.
The Plaintiffs allege nineteen separate causes of action, in
addition to a claim for class certification, which include the
following: fraudulent assumption of identity and capacity;
fraudulent misrepresentation; breach of the duty of candor/duty to
disclose material facts; breach of fiduciary duty; equitable
recission/cancellation of instruments; slander of title; wrongful
recordation; wrongful foreclose attempt; quiet title/declaratory
relief; defamation; liable per se and slander per se; tortious
interference with contractual and business expectancy; action for
an accounting; unjust enrichment; violations of the Nebraska
Deceptive Trade Practices Act; violation of Nebraska Consumer
Protection Act; violation of federal Fair Debt Collection Practices
Act; violation of Nebraska Collection Agency Act; and
negligence.[BN]
The Defendants are represented by:
Michael T. Gibbons, Esq.
Michael J. Leahy, Esq.
WOODKE & GIBBONS, PC, LLO
619 N. 90th Street
Omaha NE 68114
Phone: (402) 391-6000
Fax: (402) 391-6200
Email: mgibbons@woglaw.com
mleahy@woglaw.com
XIAODI HOU: Court Grants $11.7MM Legal Fee Award in Settlement
--------------------------------------------------------------
In the case captioned as Norman Wilhoite and Judith Wilhoite,
derivatively on behalf of TuSimple Holdings, Inc., Plaintiffs, v.
Xiaodi Hou, Mo Chen, Cheng Lu, Guowei "Charles" Chao, and Hydron,
Inc., Defendants, Case No. 23cv2333 BEN (MSB) (S.D. Cal.), Judge
Roger T. Benitez of the United States District Court for the
Southern District of California granted the Plaintiffs' motion for
an Award of Attorneys' Fees, Reimbursement of Litigation Expenses,
and Approval of Service Awards. The Judge found that the amount of
fees awarded is fair, reasonable, and appropriate under either the
'percentage-of-recovery' or lodestar methods.
The Court noted that the Settlement has created a fund of
$42,500,000 in cash that has been funded into escrow pursuant to
the terms of the Stipulation, and TuSimple and its shareholders
will benefit from the Settlement created by the efforts of
Plaintiffs' Counsel.
The Court determined that Plaintiffs Counsel have devoted more than
6,825.53 hours, with a lodestar value of $5,520,883.95, to achieve
the Settlement. A fee of 27.5% of the Settlement Amount represents
a multiplier of 2.12 to the aggregate lodestar.
Accordingly, Judge Benitez grants the Fee and Expense Application
in its entirety. Plaintiffs Counsel are awarded attorneys' fees of
27.5% of the $42,500,000 Settlement Amount ($11,687,500), plus
expenses in the amount of $328,216.05, together with the interest
earned on both amounts for the same time period and at the same
rate as that earned on the Settlement Fund until paid.
The Court also approves service awards, ordering that Plaintiffs
Norman Wilhoite, Judith Wilhoite, Jason Nusbaum, and Richard A.
Green are granted a Service Award in the amount of $7,500 each, for
their time spent directly related to their representation of
TuSimple in the Actions.
A copy of Judge Benitez's Order is available at
https://urlcurt.com/u?l=tTCedS
ZURU LLC: Garcia Files Suit Over Slack-Fill Scam
------------------------------------------------
SILVIA GARCIA, individually and on behalf of all others similarly
situated, Plaintiff v. ZURU, LLC, a California limited liability
company, Defendant, Case No. 5:25-cv-01908 (C.D. Cal., July 25,
2025) arises from the Defendant's alleged violations of
California's Consumers Legal Remedies Act, Unfair Competition Law,
and the False Advertising Law.
According to the complaint, to increase profits at the expense of
consumers and fair competition, the Defendant deceptively sells its
products in oversized packaging that does not reasonably inform
consumers that they are nowhere near full. The Defendant's
slack-fill scam extends to its 12-fluid-ounce "Monday Moisture +
Hyaluronic Acid Shampoo" product sold in opaque containers. The
Defendant dupes unsuspecting consumers across America to pay
premium prices for empty space, says the suit.
The Defendant markets the Product in a systematically misleading
manner by representing them as adequately filled when, in fact,
they contain an unlawful amount of empty space or "slack-fill," the
suit asserts. The Defendant's slack-fill scheme not only harms
consumers, including Plaintiff, but it also harms its competitors
who have implemented labeling changes designed to alert consumers
to the true amount of product in each container, the suit alleges.
Zuru LLC, doing business as Monday Haircare, manufactures and sells
a popular line of haircare products throughout California.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
ZYNEX INC: Continues to Defend Tuncel Securities Fraud Class Suit
-----------------------------------------------------------------
Zynex Inc. disclosed in its Form 10-Q/A Report for the quarterly
period ending March 31, 2024 filed with the Securities and Exchange
Commission on July 24, 2025, that the Company continues to defend
itself from the Tuncel securities fraud class suit in the United
States District Court for the District of Colorado.
On March 20, 2025, a putative Zynex shareholder filed a securities
fraud class action against the Company, its current CEO Thomas
Sandgaard, and current CFO Daniel Moorhead, in the U.S. District
Court for the District of Colorado, captioned Tuncel v. Zynex Inc.
et al., No. 25-cv-913. The complaint alleges that Zynex and the
individual defendants failed to disclose material adverse facts
about the Company's business, including an oversupply scheme, and
that the Company had inflated its revenue as a result, violating
Section 10(b) of the Securities Exchange Act of 1934, and
Securities and Exchange Commission Rule 10b-5, which prohibits
making untrue statements of material fact in connection with the
sale of a security. The complaint also alleges the Company
concealed that its filing of false claims drew scrutiny from
insurers, and that it was reasonable likely the Company would face
adverse consequences, including removal from insurance networks and
penalties from the federal government.
The complaint seeks class certification and unspecified damages.
The defendants are in the process of engaging counsel to represent
them in this matter.
Zynex is a medical device manufacturer that produces and markets
electrotherapy devices for use in pain management and physical
rehabilitation. The Company's products are small, battery powered
electronic devices which deliver electric pulses via wires and
electrode pads. The Individual Defendants are officers of the
company.[BN]
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