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C L A S S A C T I O N R E P O R T E R
Wednesday, September 3, 2025, Vol. 27, No. 176
Headlines
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Knollmeyer Says
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Miller Alleges
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Pearson Alleges
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Sankari Alleges
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Seager Alleges
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Wallis Alleges
3M COMPANY: Aqueous Foams Contain Toxic Substances, Anderson Says
3M COMPANY: Aqueous Foams Contain Toxic Substances, Clendenin Says
3M COMPANY: Aqueous Foams Contain Toxic Substances, Donston Says
3M COMPANY: Aqueous Foams Contain Toxic Substances, Gile Says
3M COMPANY: Aqueous Foams Contain Toxic Substances, Heslet Alleges
3M COMPANY: Huckaby Suit Removed to N.D. Alabama
3M COMPANY: Husband Files Suit in D. South Carolina
3M COMPANY: Montealegre Files Suit in D. South Carolina
3M COMPANY: Mora Files Suit in D. South Carolina
3M COMPANY: Morse Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Murray Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Rains Suit Removed to N.D. Alabama
3M COMPANY: Rogers Files Suit in D. South Carolina
3M COMPANY: Rowell Files Suit in D. South Carolina
3M COMPANY: Saucedo Files Suit in D. South Carolina
3M COMPANY: Smail Files Suit in D. South Carolina
3M COMPANY: Smith Files Suit in D. South Carolina
3M COMPANY: Sordiff Files Suit in D. South Carolina
3M COMPANY: Terry Files Suit in D. South Carolina
3M COMPANY: Vladimirov Files Suit in D. South Carolina
3M COMPANY: Weeks Files Suit in D. South Carolina
3M COMPANY: Winters Files Suit in D. South Carolina
52 LOUNGE: Honores Suit Seeks Minimum & OT Wages Under FLSA
ACADEMY BUS: Louis Class Suit Seeks Unpaid Wages Under FLSA
ACADIA LAPLACE: Hamm Allowed Leave to File Opposition Reply
AKZO NOBEL: Warner Class Suit Seeks Overtime Wages Under FLSA
ALALA LLC: Website Inaccessible to the Blind, Bahena Alleges
ALLIED UNIVERSAL: Perez Seeks Unpaid OT Wages Under FLSA, NYLL
AMAZON.COM SERVICES: Reingold Balks at Audiovisual Work Purchases
AMAZON: Filing for Class Cert Bid in Return Policy Suit Due Dec. 1
AMENTUM GOVERNMENT: Class Cert Briefing Extended to Sept. 17
AMERICAN HONDA: Seeks to Dismiss Cohen Class Action
AMMO INC: Barrile's Bid for Appointment as Lead Plaintiff Tossed
ANNE ARUNDEL: Court Consolidates Actions
ANSCHUTZ EXPLORATION: Fact Discovery Due April 30, 2026
AVANTIC MEDICAL: Fails to Secure Personal Info, Pagan Says
AZEK COMPANY: Lucien Class Suit Seeks Equal Access to Website
BARRACO'S PIZZA: Website Inaccessible to the Blind, Hampton Says
BAYCARE HEALTH: Tracks Website Visitors' Personal Info, Crespi Says
BESTWAY USA: Faces Piceno Class Suit Over Defective Ground Pool
BOTH INC: Court Narrows Claims in Dail Suit
BOYNE USA: Court Extends Class Cert Bid Filing Until Sept. 11
BUILT BRANDS: Adds Junk Fees to Consumer Purchases, Malone Alleges
CALIFORNIA: Krieger Appeals Civil Rights Suit Dismissal to 9th Cir.
CENTRAL MAINE: Fails to Pay Nurses' Proper OT Wages, Gagnon Says
CHENEGA GLOBAL: Must File Class Cert Response by Sept. 5
CINCO SPIRITS: Faces Haschemies Suit Over Falsely Marketed Tequila
CIRCUIT CITY: Hippe Bid for Default Judgment Partly OK'd
CITIZENS & NORTHERN: Goldovsky Seeks Rule 23 Class Certification
COLLADO REST CORP: Espinal Sues to Recover Unpaid Compensation
COMMERCIAL SPECIALTY: Court Narrows Claims in Data Breach Suit
COMMUNITY BRIDGES: Faces Lazaro Class Suit Over Bonus Pay Scheme
CONNECTED INTERNATIONAL: Rodrigues Files Suit in Cal. Super. Ct.
CONSERVATIVE DAD'S: Hennessy Files TCPA Suit in N.D. Georgia
COPY MBA LLC: Pearson Files TCPA Suit in S.D. California
COSMOPOLITAN STAFFING: Fails to Pay Proper Wages, Siri Alleges
COVENANT AVIATION: Does not ProperlyPay Security Guards, Suit Says
CPAP MEDICAL SUPPLIES: Overshown Files Suit in M.D. Florida
CPAP MEDICAL: Fails to Secure Personal & Health Info, Edwards Says
CROCS INC: Ravizee Sues to Recover Unpaid Overtime Compensation
CSX TRANSPORTATION: Filing for Class Cert in Webb Due Dec. 22
CURBSURE LLC: Kincaid Files TCPA Suit in N.D. Georgia
CVS PHARMACY: Faces Foreman Suit Over Mislabeled Antifungal Liquid
DAISO CALIFORNIA: Fukaya Seeks to Certify Rule 23 Classes
DARREN INDYKE: Court OK's Bid to Amend Class Action Complaint
DAVITA INC: Barboza Sues Over Failure to Secure PII & PHI
DIGITAL INSURANCE: Bland Seeks More Time to File Response
DIGITAL INSURANCE: Class Cert Filing Extended to April 17, 2026
DISH NETWORK: Class Cert Filing Extension Referred to Judge Prose
DOLLAR TREE: Filing for Class Cert in Godines Due Sept. 10, 2026
DOXO INC: Appeals Tossed Arbitration Bid in Mundle Suit to 9th Cir.
DREXEL UNIVERSITY: Filing for Class Certification Due June 1, 2026
DUKE ENERGY: Filing for Class Cert Bid in Mable Extended to Dec. 4
EATON CORPORATION: Filing for Class Certification Due July 8, 2026
EDDIE BAUER: Filing for Class Cert Bid Extended to June 30, 2026
EMIRATES: Deadline to File Opposition Extended to Sept. 8
ENHANCED SPIRITS: Kraus Seeks to Recover Unpaid Wages Under FLSA
EPISOURCE LLC: Nelson Suit Removed to C.D. California
ER CARPENTER: Marrow's Bid for Class Certification Tossed
ESTEE LAUDER: Parties Seek to Extend Time to Complete Discovery
EVENT TICKETS: Wins Bid to Compel Arbitration in Gershzon Suit
EXCEL FITNESS: Fails to Secure Personal Info, Kessler Says
EXP REALTY: Filing for Class Cert. Bid in Usanovic Due Oct. 22
EXPENSIFY INC: Continues to Defend "Wilhite" Securities Suit
EXPRESS SCRIPTS: Bowden Suit Removed to W.D. Pennsylvania
FAST LANE: Honorio Class Action Suit Seeks Proper Wages Under FLSA
FCA US: Filing for Class Cert Bid in Biederman Due Feb. 11, 2026
FELLINI SOHO: Bid for Class Certification Under NYLL Claims OK'd
FIDELITY NATIONAL: Class Cert Hearing Set for Sept. 3 Postponed
FIRSTCREDIT INC: Friedman Balks at Unfair Debt Collection Practices
FLATED LLC: Website Inaccessible to the Blind, Knowles Alleges
FOREST & EINSTEIN STAFFING: Damian Files Suit in Cal. Super. Ct.
FOSTER GARVEY: Default Judgment Bid Filing Extended in Celucci
FOX TELEVISION: Cabrera Suit Removed to N.D. California
FREEDOM MORTGAGE: Taborda Files FDCPA Suit in S.D. Florida
FUNDAMENTAL ADMINISTRATIVE: Anderson Sues Over Data Breach
FUSED LOGISTICS: Ruiz Files Suit in Cal. Super. Ct.
GARDA CL: Class Settlement in Tanza Suit Has Preliminary Approval
GATE GOURMET: Moore Suit Removed to S.D. California
GEMJ CHEBHEAR: B & T Supplies Suit Transferred to S.D. Florida
GENERAL MOTORS: McKee Suit Removed to D. New Jersey
GIVENCHY CORPORATION: Dalton Sues Over Blind-Inaccessible Website
GOETTL HOME SERVICES: Burciaga Sues Over Failure to Pay Overtime
GOOD SPORT: Faces Hampton Suit Over Blind-Inaccessible Website
GRUNT STYLE: Hennessy Files TCPA Suit in W.D. Texas
HCC SERVICE: Callejas Suit Removed to C.D. California
HEALTHCARE SERVICES: Hall Files Suit in E.D. Pennsylvania
HELMS ORGANIC LLC: Gonzalez Files Suit in Cal. Super. Ct.
HELPLINE YOUTH COUNSELING: Mayers Files Suit in Cal. Super. Ct.
HHS ENVIRONMENTAL: Osting Seeks Proper Premium Wages Under FLSA
HIGH 5: Faces Peach Class Suit Over Illegal Online Gambling
HOMEBOT INC: Frost Sues Over Blind-Inaccessible Website
HORMEL FOODS: Lenway Suit Removed to D. Minnesota
HUNTER WARFIELD: Seeks More Time to File Class Cert Response
HUNTINGTON HOSPITALITY: Richards Sues Over Unprotected Info
HURLEY INTERNATIONAL: McCarty Files Suit in S.D. California
HYATT CORPORATION: Corners Suit Removed to S.D. California
HYDROMAX USA LLC: Hill Suit Removed to W.D. Washington
INOTIV INC: Doyal Sues Over Failure to Safeguard PII & PHI
INOTIV INC: Fails to Secure Personal, Health Info, Merrell Says
INTERNATIONAL PAPER: Sermeno Suit Removed to C.D. California
INTREPID POTASH: Continues to Defend Wage & Hour Suit in New Mexico
IOVANCE BIOTHERAPEUTICS: Continues to Defend Securities Suits
J.B. HUNT: 9th Cir.. Affirms Win in Driver Pay Class Action
JEG'S AUTOMOTIVE: Meyer Files TCPA Suit in S.D. Ohio
JERRY HOSTETTER: Batman Investments Files Suit in E.D. Pennsylvania
JT THORPE INDUSTRIAL: Ceja Suit Removed to C.D. California
JURA INC: Website Inaccessible to the Blind, Knowles Alleges
KEYCORP: Mendez Suit Removed to W.D. Washington
KING LASIK INC: Franky Files TCPA Suit in W.D. Washington
KRAFT HEINZ: Horne Sues Over Mislabeled Turkey Bacon Products
KRISTI NOEM: C.M. Suit Transferred to M.D. Florida
L PERRIGO: Wins Appeal Over Sculptor's Missed Deadline Bid
L'OREAL USA INC: Spencer Suit Removed to W.D. Washington
LANCESOFT INC: Difalco Files TCPA Suit in D. New Jersey
LANDCARE USA: Heredia Suit Removed to S.D. California
LAROSE INDUSTRIES: Products not "Made In USA," Cooney Contends
LB ENTERPRISES: Website Inaccessible to the Blind, Knowles Alleges
LEAFFILTER NORTH: Court Extends Time to File Class Cert Bid
LIFEMD INC: Faces Johnston Suit Over Common Stock Price Drop
LIFETIME VALUE CO: Dawkins Files Suit in Ill. Dist. Ct.
LJUBLJANA INTER: Opposition to Class Cert Bid Due Sept. 19
LOADED CAFE LB: Vasquez Files Suit in Cal. Super. Ct.
LOCKHEED MARTIN: Solomonov Suit Removed to W.D. Pennsylvania
LOS REYES GRILL: Fendley Sues Over Unlawful Discrimination
LOUISIANA: 5th Cir. Voids Class Certification in Mental Health Suit
LOVEBONITO USA: Walker Seeks Equal Website Access for the Blind
LOWE'S HOME CENTERS: Garner Suit Removed to W.D. Washington
LUCY COOPER'S: Court Certifies Foley Collective Action
LX HAUSYS: Court Stays All Proceedings in Torres Suit Until Nov. 30
MAPD HELPDESK LLC: Jonathan Files TCPA Suit in S.D. Florida
MAPLECOVERAGE LLC: Hand Files TCPA Suit in W.D. Michigan
MARIO'S AIR: Seeks More Time to File Class Cert Response
MARRIOTT INTERNATIONAL: Jones Suit Removed to W.D. Washington
MARYLAND: Fitch Files Writ of Certiorari Petition to Supreme Court
MCCORMICK & CO: Defeats Initial Challenge to Product Labeling Suit
MCRT RESOURCES: Moore Files Suit in Cal. Super. Ct.
MEDQ INC: Klepper Files Suit in Okla. Dist. Ct.
MERCK & CO: Cronin Securities Suit over "Gardasil" Ongoing
META PLATFORMS: Filing of Confidential Docs Under Seal Sought
META PLATFORMS: Plaintiffs Seek to Certify Rule 23 Classes
MI CASA: Pardini Seeks Conditional Certification
MICHAEL E. FRANKLIN: Dodiya Files Suit in Del. Chancery Ct.
MICHELS CORP: Bid to Dismiss 3rd Amended Beyer Suit OK'd in Part
MID AMERICA PHYSICIAN: Buehler Suit Removed to D. Kansas
MIDEA AMERICA CORP: Bradshaw Suit Transferred to S.D. New York
MISSION ROCK: Popat Files Suit in Cal. Super. Ct.
MITSUBISHI CHEMICAL: Court Narrows Claims in Humphries Suit
MONSANTO COMPANY: Guarino Sues Over Defective Herbicide Roundup
NATURE REPUBLIC: Website Inaccessible to the Blind, Henry Claims
NEST BEDDING: Faces Tower Suit Over Website's Unlawful Pricing
NORTHERN INDIANA: Fails to Pay Proper Wages, Skonieczny Says
NPAS SOLUTIONS: Court OKs $429,600 Atty Fee Award in TCPA Case
NUTEX HEALTH: Faces Bhagava Class Suit Over Stock Price Drop
OHIO MEDICAL: Fails to Secure Personal, Health Info, Doe Suit Says
OONI INC: Website Inaccessible to the Blind, Knowles Alleges
OREGON: Settlement Must Include All Kids in Care, 9th Cir Says
ORVILLE'S APPLIANCE: Website Inaccessible to the Blind, Ortiz Says
OTTER.AI INC: Faces Walker Class Suit Biometric Data Collection
PACIFIC COAST: Carrillo Files Suit in Cal. Super. Ct.
PARAMOUNT GLOBAL: Breaches Fiduciary Duties, Hoga Class Suit Says
PARKWAY MOTORS: Sisodia Files TCPA Suit in D. New Jersey
PARTY PRODUCTS: Website Inaccessible to Blind Users, Dalton Says
POINTCLICKCARE TECHNOLOGIES: Levine Sues Over Unprotected Info
POMEROY LIVING: Perrin Seeks to Recover Unpaid OT Under FLSA
PRESBYTERIAN HEALTHCARE: Martinez Suit Transferred to E.D. Missouri
RALPH LAUREN: Loses Bid to Move ADA Website Accessibility Case
S&C TECHNOLOGIES: Maxwell Sues Over Age Discrimination in Workplace
SELECTQUOTE INC: Nov. 5 Conference on Lead Plaintiff Bids
SHOPPERSCHOICE.COM LLC: Lopez Seeks Equal Web Access for the Blind
SKIDMORE COLLEGE: Settlement in Kobor Data Breach Suit Has Final OK
SPROUT SOCIAL: Continues to Defend Securities Fraud Suits
STANLEY BLACK: Court Approves Dismissal of Class Action Claims
TMC HEALTHCARE: Desman Suit Seeks Unpaid Wages Under FLSA, AWA
UNITEDHEALTH GROUP: Faces Rosenblit Over Unearned Monthly Premiums
VGW HOLDINGS: Faces Peach Class Suit Over Alleged Online Gambling
WORK IQ LLC: Lopez Seeks Equal Website Access for the Blind
WORLDSTAFF USA: Franganito Seeks to Recover Unpaid Overtime Wages
XIN LA: Pichol Seeks Unpaid Minimum & OT wages Under FLSA, NYLL
ZOMA SLEEP: Evans Seeks Equal Website Access for Blind Users
*********
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Knollmeyer Says
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PENNY KNOLLMEYER v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11400-RMG (D.S.C.,
Aug. 24, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
Plaintiff Heslet was diagnosed with thyroid cancer. The Plaintiff
has suffered and continues to suffer from severe pain and
discomfort, emotional distress, the loss of daily functions, and
economic loss, including, but not limited to, present and future
medical expenses, lost earnings and future lost earning capacity,
all of which are a direct result of Defendants' liability producing
conduct, the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Miller Alleges
-----------------------------------------------------------------
LINETTE MILLER v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:18-mn-2873-RMG (D.S.C.,
Aug. 22, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
As a result of Plaintiff's exposure to the Defendants'
fluorochemical products, Plaintiff was diagnosed with thyroid
cancer, which has caused Plaintiff to suffer severe personal
injuries, pain, and emotional distress.
The injuries, pain, suffering, and emotional distress were directly
and proximately caused by Defendants’ fluorochemical products,
the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Pearson Alleges
------------------------------------------------------------------
WILLIAM PEARSON v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11393-RMG (D.S.C.,
Aug. 23, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
As a result of Plaintiff's exposure to the Defendants'
fluorochemical products, Plaintiff was diagnosed with liver cancer,
which has caused Plaintiff to suffer severe personal injuries,
pain, and emotional distress.
The injuries, pain, suffering, and emotional distress were directly
and proximately caused by Defendants’ fluorochemical products,
the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Sankari Alleges
------------------------------------------------------------------
LOANNE SANKARI v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11401-RMG (D.S.C.,
Aug. 24, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
As a result of Plaintiff's exposure to the Defendants'
fluorochemical products, Plaintiff was diagnosed with thyroid
cancer, which has caused Plaintiff to suffer severe personal
injuries, pain, and emotional distress. The injuries, pain,
suffering, and emotional distress were directly and proximately
caused by Defendants' fluorochemical products, the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Seager Alleges
-----------------------------------------------------------------
Debra Seager, on behalf of William Seager v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); et al., Case No.
2:25-cv-11361-RMG (D.S.C., Aug. 22, 2025) is a class action seeking
for damages for personal injury resulting from exposure to aqueous
film-forming foams and firefighter turnout gear containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
Ms. Seager is a resident and citizen of Atchison County, Kansas.
William Seager, deceased, was formerly a resident of Atchison
County, Kansas. William Seager regularly used, and was thereby
directly exposed to, AFFF in training and to extinguish fires
during his career as a firefighter and volunteer firefighter.
The Plaintiff was diagnosed with Pancreatic Cancer as a result of
exposure to the Defendants' AFFF products, the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INC.; THE CHEMOURS COMPANY; 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 SERVICE PLUS, INC.; FIRE-DEX, LLC; 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 (f/k/a MINE SAFETY APPLIANCES CO., 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, INC.,
SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC., AND ELEVATE TEXTILES,
INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; 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.; and WITMER PUBLIC SAFETY GROUP.[BN]
The Plaintiff is represented by:
Carrie M. Myers, Esq.
Andrea S. Hirsch, Esq.
Brooke F. Cohen
COHEN HIRSCH, LP
5256 Peachtree Rd., Suite 195-E
Atlanta, GA 30341
Telephone: (678) 268-4683
Facsimile: (678) 669-1520
E-mail: carrie@cohenhirsch.com
andrea@cohenhirsch.com
brooke@cohenhirsch.com
3M COMPANY: Aqueous Foams Contain Toxic Chemicals, Wallis Alleges
-----------------------------------------------------------------
HEATHER WALLIS v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:18-mn-2873-RMG (D.S.C.,
Aug. 22, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
As a result of Plaintiff's exposure to the Defendants'
fluorochemical products, Plaintiff was diagnosed with thyroid
cancer, which has caused Plaintiff to suffer severe personal
injuries, pain, and emotional distress. The injuries, pain,
suffering, and emotional distress were directly and proximately
caused by Defendants' fluorochemical products, the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Substances, Anderson Says
-----------------------------------------------------------------
TIMOTHY ANDERSON, et al., v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 1:25-cv-23801 (S.D. Fla.,
Aug. 22, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
According to the complain, the Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF or TOG with
knowledge that it contained highly toxic and bio persistent PFAS,
which would expose end users of the product to the risks associated
with PFAS.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
Through this action, the Plaintiffs seek to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiffs' training and firefighting activities.
The Plaintiffs contend that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during his working career as a military and/or civilian
firefighter.
Accordingly, the Plaintiffs have been exposed to greater than
normal background levels of PFAS chemicals and precursors,
including but not limited to PFOS and/or PFOA. PFAS products and
their precursors have been linked to serious medical conditions
including, but not limited to, kidney cancer, testicular cancer,
liver cancer, pancreatic cancer, prostate cancer, breast cancer,
colon cancer, ovarian cancer, lymphoma, thyroid disease, thyroid
diseases, kidney disease, ulcerative colitis, infertility, and
pregnancy induced hypertension.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Plaintiffs include LINYALE SHANTEL BAGLEY; SAMUEL BELLAMY;
DARIAN BOWMAN; PAULA BUSHMAN; BERTHA HENRY; JOSEPH DAVID HOCK;
JAMES THOMAS JONES III; PATRICK MICHAEL KELLY; DAVID CHARLES
MADRID; JOSEPH MAKI; PAUL MELANSON; NICOLE PERRY; TIMOTHY GOLD
RANDOLPH; JOHNATHAN REBHOLZ; RON SMITH; STEVEN CARL WAIT; WESLEY
WHITMAN, as Parent on behalf of A.W., a Minor Child; and BRILEY
WHITMAN.
The Defendants include 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 PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; 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; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCOFIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC.[BN]
The Plaintiffs are represented by:
Jason P. Frank, Esq.
C. David Durkee, Esq.
THE DOWNS LAW GROUP, P.A.
3250 Mary Street, Suite 307
Coconut Grove, Florida 33133
Telephone: (305) 444-8226
Facsimile: (305) 444-6773
E-mail: ddurkee@downslawgroup.com
jfrank@downslawgroup.com
3M COMPANY: Aqueous Foams Contain Toxic Substances, Clendenin Says
------------------------------------------------------------------
ALAN CLENDENIN v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11402-RMG (D.C.,
Aug. 24, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
The Plaintiff was exposed to the Defendants' fluorochemical
products as a result of ingesting drinking water contaminated with
Defendants' fluorochemical products. As a result of the Plaintiff's
exposure to Defendants' fluorochemical products, he was diagnosed
with liver cancer, which has caused Plaintiff to suffer severe
personal injuries, pain, and emotional distress. The injuries,
pain, suffering, and emotional distress were directly and
proximately caused by Defendants' fluorochemical products, contends
the suit.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER
CORPORATION, CHEMDESIGN PRODUCTS INC., CHEMGUARD, INC., CHEMICALS,
INC., CLARIANT CORPORATION, individually and as successor in
interest to Sandoz Chemical Corporation, CORTEVA, INC.,
individually and as successor in interest to DuPont Chemical
Solutions Enterprise, DEEPWATER CHEMICALS, INC., DUPONT DE NEMOURS,
INC., individually and as successor in interest to DuPont Chemical
Solutions Enterprise, DYNAX CORPORATION, E.I. DU PONT DE NEMOURS
AND COMPANY, NATION FORD CHEMICAL COMPANY, NATIONAL FOAM, INC., THE
CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, L.L.C., TYCO FIRE
PRODUCTS L.P., and UTC FIRE and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Substances, Donston Says
----------------------------------------------------------------
CUBBY DONSTON v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11404-RMG (D.C.,
Aug. 24, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
As a direct and proximate result of his exposure to AFFF/Component
Products, Plaintiff Donston was diagnosed with kidney cancer and
has suffered and continues to suffer from severe pain and
discomfort, emotional distress, the loss of daily functions, and
economic loss, including, but not limited to, present and future
medical expenses, lost earnings and future lost earning capacity,
all of which are a direct result of the Defendants' liability
producing conduct.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER
CORPORATION, CHEMDESIGN PRODUCTS INC., CHEMGUARD, INC., CHEMICALS,
INC., CLARIANT CORPORATION, individually and as successor in
interest to Sandoz Chemical Corporation, CORTEVA, INC.,
individually and as successor in interest to DuPont Chemical
Solutions Enterprise, DEEPWATER CHEMICALS, INC., DUPONT DE NEMOURS,
INC., individually and as successor in interest to DuPont Chemical
Solutions Enterprise, DYNAX CORPORATION, E.I. DU PONT DE NEMOURS
AND COMPANY, NATION FORD CHEMICAL COMPANY, NATIONAL FOAM, INC., THE
CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, L.L.C., TYCO FIRE
PRODUCTS L.P., and UTC FIRE and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Aqueous Foams Contain Toxic Substances, Gile Says
-------------------------------------------------------------
CHRISTINA N. GILE v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-11363-RMG (D.S.C.,
Aug. 22, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
The Plaintiff was diagnosed with kidney cancer as a result of
exposure to Defendants' AFFF or TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD,
INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT INC);
DYNAX CORPORATION; E.I. DUPONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC FIRE SERVICE PLU, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS KIDDE PLC; LION GROUP, INC L.N. CURTIS & SONS; MILLIKEN &
COMPANY; MINE SAFETY APPLIANCES CO., 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.[BN]
The Plaintiff is represented by:
James C. Ferrell, Esq.
FERRELL LAW GROUP, PC
6226 Washington Avenue, Suite 200
Houston, TX 77007
Telephone: (713) 337-3855
Facsimile: (713) 337-3856
E-mail: Jferrell@jamesferrell-law.com
3M COMPANY: Aqueous Foams Contain Toxic Substances, Heslet Alleges
------------------------------------------------------------------
MARK HESLET v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company); et al., Case No. 2:25-cv-11389-RMG (D.S.C., Aug. 23,
2025) is a class action seeking for damages for personal injury
resulting from exposure to aqueous film-forming foams and
firefighter turnout gear containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
Plaintiff Heslet was diagnosed with thyroid cancer. The Plaintiff
has suffered and continues to suffer from severe pain and
discomfort, emotional distress, the loss of daily functions, and
economic loss, including, but not limited to, present and future
medical expenses, lost earnings and future lost earning capacity,
all of which are a direct result of Defendants' liability producing
conduct, the suit says.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA, INC., ARCHROMA U.S. INC., BASF CORPORATION,
individually and as successor in interest to Ciba Inc., BUCKEYE
FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
PRODUCTS INC., CHEMGUARD, INC., CHEMICALS, INC., CLARIANT
CORPORATION, individually and as successor in interest to Sandoz
Chemical Corporation, CORTEVA, INC., individually and as successor
in interest to DuPont Chemical Solutions Enterprise, DEEPWATER
CHEMICALS, INC., DUPONT DE NEMOURS, INC., individually and as
successor in interest to DuPont Chemical Solutions Enterprise,
DYNAX CORPORATION, E.I. DU PONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE
CHEMOURS COMPANY FC, L.L.C., TYCO FIRE PRODUCTS L.P., and UTC FIRE
and SECURITY AMERICAS CORP., INC.[BN]
The Plaintiff is represented by:
Joseph J. Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Ave., Suite 510
Jenkintown, PA 19046
Telephone: (215) 310-9649
Facsimile: (215) 989-4424
E-mail: jfantini@roseninjurylawyers.com
3M COMPANY: Huckaby Suit Removed to N.D. Alabama
------------------------------------------------
The case captioned as Lisa Huckaby, et al., and on behalf of all
others similarly situated v. 3M COMPANY, et al., Case No.
01-CV-2025-902765.00 was removed from the Tenth Judicial Circuit
Jefferson County, Alabama, to the United States District Court for
Northern District of Alabama on Aug. 19, 2025, and assigned Case
No. 2:25-cv-01360-GMB.
The Plaintiffs seek to hold Tyco and certain other Defendants
liable based on their alleged conduct in designing, manufacturing,
marketing, distributing, and/or selling aqueous film-forming foam
("AFFF"). Specifically, Plaintiffs allege that Defendants' AFFF
contained per- and polyfluoroalkyl substances ("PFAS"), including
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS"), and that the use of these substances caused personal
injury to Plaintiffs.[BN]
The Defendants are represented by:
Gregory M. Taube, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
201 17th Street, NW, Suite 1700
Atlanta, GA 30363
Phone: (404) 322-6000
Fax: (404) 322-6050
Email: greg.taube@nelsonmullins.com
3M COMPANY: Husband Files Suit in D. South Carolina
---------------------------------------------------
A class action lawsuit has been filed against 3M Company. The case
is styled as Christian Husband, individually and on behalf of all
others similarly situated v. 3M Company, Case No. 2:25-cv-11460-RMG
(D.S.C., Aug. 25, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
David Christopher Wright, Esq.
MCCUNE LAW GROUP APC
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Phone: (909) 557-1250
Fax: (909) 557-1275
Email: dcw@mccunewright.com
3M COMPANY: Montealegre Files Suit in D. South Carolina
-------------------------------------------------------
A class action lawsuit has been filed against 3M Company. The case
is styled as Astrid Montealegre, individually and on behalf of all
others similarly situated v. 3M Company, Case No. 2:25-cv-11471-RMG
(D.S.C., Aug. 25, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
David Christopher Wright, Esq.
MCCUNE LAW GROUP APC
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Phone: (909) 557-1250
Fax: (909) 557-1275
Email: dcw@mccunewright.com
3M COMPANY: Mora Files Suit in D. South Carolina
------------------------------------------------
A class action lawsuit has been filed against 3M Company. The case
is styled as Dahlia Mora, individually and on behalf of all others
similarly situated v. 3M Company, Case No. 2:25-cv-11472-RMG
(D.S.C., Aug. 25, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
David Christopher Wright, Esq.
MCCUNE LAW GROUP APC
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Phone: (909) 557-1250
Fax: (909) 557-1275
Email: dcw@mccunewright.com
3M COMPANY: Morse Sues Over Exposure to Toxic Aqueous Foams
-----------------------------------------------------------
Curt Morse, and other similarly situated v. 3M COMPANY (f/k/a
MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION
(f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER
GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.;
CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT
CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS,
INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX
CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND
COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; LION GROUP, INC.; L.N.
CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY;
MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD
CHEMICAL COMPANY; 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 FC, LLC; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED
TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED;
WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC.,
Case No. 2:25-cv-11212-RMG (D.S.C., Aug. 19, 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 extremely
hot fires involving materials like alcohol, petroleum greases, and
other flammable or combustible liquids and gases ("Class B Fires").
AFFF has been used for decades by military and civilian
firefighters to extinguish fires in training and in response to
Class B Fires. TOG is personal protective equipment designed for
heat and moisture resistance in order to protect firefighters in
hazardous situations. Most turnout gear are made up of a thermal
liner, a moisture barrier, and an outer layer. The inner layers
contain PFAS, and the outer layer is often treated with additional
PFAS.
The Defendants' PFAS-containing AFFF and/or TOG products were used
by Plaintiff in their intended manner, without significant change
in the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF and/or TOG products and relied on
Defendants' instructions regarding the proper handling of the
products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF and/or TOG products, caused Plaintiff
significant and devastating injury. By 2008, Plaintiff was
diagnosed with KIDNEY CANCER. Plaintiff suffered, and continues to
suffer, the effects of his illness, which was caused by exposure to
Defendants' AFFF and/or TOG products. 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 and/or TOG products
at various locations during the course of Plaintiff's Firefighting
career. Plaintiff further seeks injunctive, equitable, and
declaratory relief arising from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and/or TOG in training and to extinguish fires during his
career as a Military Officer and was diagnosed with Kidney Cancer
as a result of exposure to Defendants' AFFF and/or TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promoters, and sellers of
PFAS containing AFFF or TOG products or underlying PFAS-containing
chemicals used in the production of AFFF or TOG products.[BN]
The Plaintiff is represented by:
Gale D. Pearson, Esq.
Majed Nachawati, Esq.
John W. Raggio, Esq.
NACHAWATI LAW GROUP
310 4th Avenue South, Suite 5010
Minneapolis, MN 55415
Phone: (214) 890-0711
Email: gpearson@ntrial.com
3M COMPANY: Murray Sues Over Exposure to Toxic Chemicals & Foams
----------------------------------------------------------------
William F. Murray, Jr., as the administrator of the Estate of
William J. Murray, 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; 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-11241-RMG (D.S.C., Aug. 20, 2025), is brought for personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") 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 or TOG with
knowledge that it contained highly toxic and bio persistent PFAS,
which would expose end users of the product to the risks associated
with PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF 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 William F. Murray, Jr. is the son of William J.
Murray (the "Decedent"), who 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.
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:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: 216-815-9000
Facsimile: 216-274-9365
3M COMPANY: Rains Suit Removed to N.D. Alabama
----------------------------------------------
The case captioned as Cynthia Rains, et al., and on behalf of all
others similarly situated v. 3M COMPANY, et al., Case No.
01-CV-2025-902805.00 was removed from the Tenth Judicial Circuit
Jefferson County, Alabama, to the United States District Court for
Northern District of Alabama on Aug. 20, 2025, and assigned Case
No. 2:25-cv-01373-AMM.
The Plaintiffs seek to hold Tyco and certain other Defendants
liable based on their alleged conduct in designing, manufacturing,
marketing, distributing, and/or selling aqueous film-forming foam
("AFFF"). Specifically, Plaintiffs allege that Defendants' AFFF
contained per- and polyfluoroalkyl substances ("PFAS"), including
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS"), and that the use of these substances caused personal
injury to Plaintiffs. The Plaintiffs assert claims against all
Defendants for negligence, battery, abnormally dangerous activity,
fraudulent concealment, nuisance, wantonness, strict liability -
statutory, strict liability - restatement, and inadequate
warning.[BN]
The Defendants are represented by:
Gregory M. Taube, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
201 17th Street, NW, Suite 1700
Atlanta, GA 30363
Phone: (404) 322-6000
Fax: (404) 322-6050
Email: greg.taube@nelsonmullins.com
3M COMPANY: Rogers Files Suit in D. South Carolina
--------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Paul Rogers, and all others similarly
situated v. 3M Company (f/k/a Minnesota Mining and Manufacturing
Company); AGC Chemicals Americas Inc.; Allstar Fire Equipment
Company; 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 Incorporated; Chemguard Inc.;
Chemicals Incorporated; The Chemours Company 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.; Johnson Controls, Inc.; Kidde PLC,
Inc.; Nation Ford Chemical Company; National Foam, Inc.; Perimeter
Solutions, LP; Raytheon Technologies Corporation; Ricochet
Manufacturing Company, Inc.; Technologies, 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.; Case No. 2:25-cv-10730-RMG (D.S.C., Aug. 14, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Joseph Yechiel Shenkar, Esq.
MARC J. BERN AND PARTNERS LLP (PA)
101 West Elm Street, Suite 520
Conshohocken, PA 19428
Phone: (610) 941-4444
Email: jshenkar@bernllp.com
3M COMPANY: Rowell Files Suit in D. South Carolina
--------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as David Rowell, Jr., and all others similarly
situated v. 3M Company (f/k/a Minnesota Mining and Manufacturing
Company); Arkema, Inc.; BASF Corporation; Ciba, Inc.; Buckeye Fire
Equipment Company; Carrier Global Corporation; Kidde-Fenwal, Inc.;
ChemDesign Products, Inc.; Chemguard, Inc.; Clariant Corporation;
Sandoz Chemical Corporation; Corteva, Inc.; Du Pont de Nemours
Inc.; Dynax Corporation; E.I. Du Pont De Nemours and Company;
National Foam, Inc.; The Chemours Company;The Chemours Company FC,
LLC; Tyco Fire Products L.P.; Case No. 2:25-cv-10768-RMG (D.S.C.,
Aug. 14, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
John J. Carey, Esq.
CAREY DANIS AND LOWE
8235 Forsyth Boulevard, Suite 1100
St. Louis, MO 63105
Phone: (314) 725-7700
Fax: (314) 721-0905
Email: jcarey@careydanis.com
3M COMPANY: Saucedo Files Suit in D. South Carolina
---------------------------------------------------
A class action lawsuit has been filed against 3M Company. The case
is styled as Joaquin Saucedo, individually and on behalf of all
others similarly situated v. 3M Company, Case No. 2:25-cv-11474-RMG
(D.S.C., Aug. 25, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
David Christopher Wright, Esq.
MCCUNE LAW GROUP APC
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Phone: (909) 557-1250
Fax: (909) 557-1275
Email: dcw@mccunewright.com
3M COMPANY: Smail Files Suit in D. South Carolina
-------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Raymond Smail, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US 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., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-10634-RMG (D.S.C.,
Aug. 13, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM LLC
108 Railroad Avenue
Orange, VA 22960
Phone: (540) 672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Smith Files Suit in D. South Carolina
-------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Toby Smith, and all others similarly situated
v. 3M Company (f/k/a Minnesota Mining and Manufacturing Company);
AGC Chemicals Americas Inc.; Allstar Fire Equipment Company; 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 Incorporated; Chemguard Inc.; Chemicals
Incorporated; The Chemours Company 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.; Johnson Controls, Inc.; Kidde PLC,
Inc.; Nation Ford Chemical Company; National Foam, Inc.; Perimeter
Solutions, LP; Raytheon Technologies Corporation; Ricochet
Manufacturing Company, Inc.; Technologies, 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.; Case No. 2:25-cv-10755-RMG (D.S.C., Aug. 14, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Joseph Yechiel Shenkar, Esq.
MARC J. BERN AND PARTNERS LLP (PA)
101 West Elm Street, Suite 520
Conshohocken, PA 19428
Phone: (610) 941-4444
Email: jshenkar@bernllp.com
3M COMPANY: Sordiff Files Suit in D. South Carolina
---------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Raymond Sordiff, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US 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., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-10642-RMG (D.S.C.,
Aug. 13, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM LLC
108 Railroad Avenue
Orange, VA 22960
Phone: (540) 672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Terry Files Suit in D. South Carolina
-------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Timothy Terry, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US 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., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-10793-RMG (D.S.C.,
Aug. 14, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM LLC
108 Railroad Avenue
Orange, VA 22960
Phone: (540) 672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Vladimirov Files Suit in D. South Carolina
------------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Vanjuan Vladimirov, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US 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., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-10832-RMG (D.S.C.,
Aug. 14, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM LLC
108 Railroad Avenue
Orange, VA 22960
Phone: (540) 672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Weeks Files Suit in D. South Carolina
-------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Ralph L. Weeks, individually and on behalf of
all others similarly situated v. 3M Company, et al., Case No.
2:25-cv-11522-RMG (D.S.C., Aug. 26, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
James Collins Ferrell, Esq.
JAMES C. FERRELL PC
6226 Washington Avenue, Suite 200
Houston, TX 77007
Phone: (713) 337-3855
Fax: (713) 337-3856
Email: jferrell@jamesferrell-law.com
3M COMPANY: Winters Files Suit in D. South Carolina
---------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Larry L. Winters, individually and on behalf
of all others similarly situated v. 3M Company, et al., Case No.
2:25-cv-11452-RMG (D.S.C., Aug. 25, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP
PO Box 2590
Georgetown, SC 29442
Phone: (843) 546-2408
Email: gsulpizio@edbelllaw.com
52 LOUNGE: Honores Suit Seeks Minimum & OT Wages Under FLSA
-----------------------------------------------------------
STEYCY HONORES, on behalf of herself and others similarly situated
v. 52 LOUNGE LLC d/b/a 52 LOUNGE BAR & RESTAURANT, RG ENTERPRISES
ENTERTAINMENT INC. d/b/a THERAPY LOUNGE RESTAURANT & SPORT BAR,
7100 BERGENLINE LLC d/b/a COPACABANA NITE CLUB and ROBERT GUZMAN
and BERKIS GUZMAN (D.N.J., August 25, 2025) is a civil action
brought by Plaintiff on behalf of herself and all similarly
situated cashiers, bartenders and servers who worked for Defendants
to recover minimum wage and overtime compensation owed to them
pursuant to the Fair Labor Standards Act, the New Jersey Wage and
Hour Law, and the New Jersey Wage Payment Law.
The action seeks to remedy the Defendants' systemic exploitation of
low-wage workers, particularly immigrant women, through wage theft,
failure to maintain safe working conditions, and maintaining a
workplace permeated by harassment and abuse.
The Plaintiff seeks injunctive and declaratory relief, as well as
all damages allowed by law, including but not limited to unpaid
wages, liquidated damages, compensatory and punitive damages,
attorneys' fees, and costs.
The Plaintiff also brings individual and class claims under the New
Jersey Law Against Discrimination, for sexual harassment and her
unlawful termination, and also under the under New Jersey common
law for negligence and emotional distress.
The Plaintiff further asserts individual claims under New Jersey
common law, including negligence and infliction of emotional
distress, as well as claims under the New Jersey Licensed Alcoholic
Beverage Server Fair Liability Act based on Defendants' failure to
ensure a safe and responsible alcohol service environment.
The Plaintiff worked for Defendants as a cashier and then as a
bartender from on or about April 14, 2024 until September 6, 2024.
52 LOUNGE LLC d/b/a 52 LOUNGE BAR & RESTAURANT is engaged in the
restaurant businesss.
Defendant R. Guzman is a person engaged in business in Hudson
County, who is sued individually in his capacity as an owner,
officer and/or agent of 52 Lounge, RG Enterprises, and 7100
Bergenlin.[BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
250 Broadway, Suite 600
New York, NY 10007
Telephone: (212) 323-6980
E-mail: jaronauer@aronauerlaw.com
ACADEMY BUS: Louis Class Suit Seeks Unpaid Wages Under FLSA
-----------------------------------------------------------
MICKAEL LOUIS, on behalf of himself and others similarly situated
v. ACADEMY BUS LLC, a Florida Limited Liability Company, Case No.
6:25-cv-01649 (M.D. Fla., Aug. 27, 2025) is an action brought
pursuant by the Plaintiff against his previous employer for unpaid
wages pursuant to the Fair Labor Standards Act.
The Plaintiff was hired by Defendants on or around May 2022. At the
time of his termination, the Plaintiff worked for Defendants as a
Bus Driver at the Academy Bus LLC Orlando Terminal located at 1155
Elboc Way Winter Garden, Florida.
The Plaintiff seeks damages and other relief, including liquidated
damages and reasonable attorneys' fees and costs, under the FLSA.
The Defendant owns, controls, and operates the Academy Bus LLC in
the state of Florida including the location where Plaintiff was
employed.[BN]
The Plaintiff is represented by:
Ryan J. Glover, Esq.
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 813-7513
Email: rglover@theleachfirm.com
cleach@theleachfirm.com
ACADIA LAPLACE: Hamm Allowed Leave to File Opposition Reply
-----------------------------------------------------------
In the class action lawsuit captioned as AMY HAMM, and JOYE WILSON
on behalf of themselves and all others similarly situated, v.
ACADIA LAPLACE HOLDINGS, LLC, and OCHSNER-ACADIA, LLC, Case No.
2:20-cv-01515-SM-DPC (E.D. La.), the Hon. Judge Susie Morgan
entered an order granting the Plaintiffs' ex parte motion for leave
to file reply to the Defendants' second memorandum in opposition to
the Plaintiffs' motion for class certification.
The Plaintiffs' reply in shall be immediately filed into the record
in the above-captioned proceeding.
A copy of the Court's order dated Aug. 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RLJdv1 at no extra
charge.[CC]
AKZO NOBEL: Warner Class Suit Seeks Overtime Wages Under FLSA
-------------------------------------------------------------
IVAN WARNER, on behalf of himself and others similarly situated v.
AKZO NOBEL COATINGS INC., Case No. 1:25-cv-01053-UNA (D. Del., Aug.
21, 2025) is a collective and class action complaint against Akzo
for its failure to pay employees overtime wages, seeking all
available relief under the Fair Labor Standards Act of 1938.
The Plaintiff was employed as an hourly, non-exempt employee as
defined by the FLSA, most recently in the position of Machine
Operator at Defendant's facility in Reading, Pennsylvania.
The Defendant is engaged in the production of numerous paints and
coatings within the United States and globally. The Defendant
operates a manufacturing facility in Reading, Pennsylvania.
The Defendant currently owns, operates, and/or manages over 30
manufacturing sites, technology offices, and/or business offices
across North America.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite No. 126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
takers@mcoffmanlegal.com
- and -
Michael J. Farnan, Esq.
FARNAN LLP
919 N. Market St., 12th Floor
Wilmington, DE 19801
Telephone: (302) 777-0300
Facsimile: (302) 777-0301
E-mail: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
ALALA LLC: Website Inaccessible to the Blind, Bahena Alleges
------------------------------------------------------------
ASHLEY BAHENA, on behalf of herself and all others similarly
situated, Plaintiff v. Alala, LLC, Case No. 1:25-cv-10054 (N.D.
Ill., Aug. 22, 2025) alleges that the Defendant failed to design,
construct, maintain, and operate their website to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons, in violation of the Americans
with Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Poseidon Brands provides to their non-disabled customers
through Roti.com, the suit contends.
Accordingly, Alalastyle.com contains significant access barriers
that make it difficult if not impossible for blind and
visually-impaired customers to use the website. In fact, the access
barriers make it impossible for blind and visually-impaired users
to even complete a transaction on the website. Thus, Roti
Restaurants excludes the blind and visually-impaired from the full
and equal participation in the growing Internet economy that is
increasingly a fundamental part of the common marketplace and daily
living, says the suit.
This complaint also seeks compensatory damages to compensate Class
members for having been subjected to unlawful discrimination.
Alalastyle.com provides to the public a wide array of the goods,
services, price specials and other programs offered by Alala.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Achan@ealg.law
ALLIED UNIVERSAL: Perez Seeks Unpaid OT Wages Under FLSA, NYLL
--------------------------------------------------------------
DESTINY PEREZ, JOURDAN RAVENELL, and FATOUMATA CISSOKO,
individually, and on behalf of all others similarly situated v.
ALLIED UNIVERSAL, Case No. 1:25-cv-04738 (E.D.N.Y., Aug. 26, 2025)
seeks all available relief for unpaid minimum wages, unpaid
overtime wages, and unlawful retaliation pursuant to the Fair Labor
Standards Act and New York Labor Law.
While working as security guards for Allied in New York, the
Plaintiffs and other members of the Class and/or Collective were
not paid the minimum wage for all hours worked, were not paid
overtime wages at time and a half when they worked in excess of 40
hours in a workweek, were not paid wages weekly, and suffered
retaliation, including termination, when they complained about
these unfair labor practices, asserts the suit.
The Plaintiffs are aware of other security guards for Allied who
have experienced the same pay issues, including failure to pay
wages earned and failure to pay earned wages timely on a weekly
basis, failure to pay overtime wages at time and a half for hours
worked in excess of 40 hours per week, and retaliation for making
complaints concerning unlawful labor practices, the suit added.
The Defendant is in the business of providing security services in
New York and worldwide.[BN]
The Plaintiff is represented by:
Catherine E. Anderson, Esq.
Oren Giskan, Esq.
GISKAN SOLOTAROFF & ANDERSON LLP
1 Rockefeller Plaza, 8th Floor
New York, NY 10020
Telephone: (212) 847-8315
E-mail: canderson@gslawny.com
- and -
Richard Cardinale, Esq.
26 Court Street, Suite 1504
Brooklyn, NY 11201
Telephone: (718) 624-9391
E-mail: richcardinale@gmail.com
AMAZON.COM SERVICES: Reingold Balks at Audiovisual Work Purchases
-----------------------------------------------------------------
LISA REINGOLD, individually and on behalf of all others similarly
situated v. AMAZON.COM SERVICES LLC, a Delaware corporation, Case
No. 2:25-cv-01601 (W.D. Wash., Aug. 21, 2025) alleges that the
Defendant violates the California Digital Property Rights
Transparency Law, California Business & Professions Code.
On its website, the Defendant tells consumers the option to "buy"
or "purchase" digital copies of these audiovisual works. But when
consumers "buy" digital versions of audiovisual works through
Amazon's website, they do not obtain the full bundle of sticks of
rights traditionally think of as owning property. Instead, they
receive "non-exclusive, non-transferable, non-sublicensable,
limited license" to access the digital audiovisual work, which is
maintained at Defendant's sole discretion.
When one "buys" a hard-copy DVD of the Director's Cut of Django
Unchained, they "own" it. They can place the DVD in the shelf below
their TV stand, and rest assured the DVD will not vanish into thin
air with the passage of time. If they wish to view the movie 5 or
10 years later, they can plug the DVD into their DVD player, the
Director's Cut of the movie will still play.
The Plaintiff purchased a digital copy of Bella and the Bulldogs -
Volume 4 on Defendant's website on May 19, 2025, for $17.79, after
applying a $3.00 credit. Prior to making this purchase, she
encountered a purchase flow substantially similar to the one
depicted in this complaint.
Amazon sells and rents movies and tv shows on its streaming
platform, Amazon Prime Video, through its website, Amazon.com.[BN]
The Plaintiff is represented by:
Wright A. Noel, Esq.
CARSON NOEL PLLC
20 Sixth Avenue NE
Issaquah, WA 98027
Telephone: (425) 837-4717
Facsimile: (425) 837-5396
E-mail: wright@carsonnoel.com
- and -
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
- and -
Stafan Bogdanovich, 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: sbogdanovich@bursor.com
AMAZON: Filing for Class Cert Bid in Return Policy Suit Due Dec. 1
------------------------------------------------------------------
In the class action lawsuit re: Amazon Return Policy Litigation,
Case No. 2:23-cv-01372-JNW (W.D. Wash.), the Hon. Judge Jamal
Whitehead entered an order on stipulated motion to extend
deadlines:
Event Deadline
Deadline for filing any motion to Oct. 10, 2025
compel discovery related to class
certification:
End of fact discovery: Nov. 10, 2025
Deadline for motion for class certification: Dec. 1, 2025
deadline for disclosure of any expert
report(s) supporting class certification:
Deadline for depositions of Plaintiffs' Jan. 22, 2026
experts:
Deadline for Depositions of Amazon's Experts: Mar. 23, 2026
Class certification hearing: TBD
Amazon is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qNxbFh at no extra
charge.[CC]
The Plaintiffs are represented by:
Alicia Cobb, Esq.
Matthew Hosen, Esq.
Nolan Anderson, Esq.
Andrew H. Schapiro, Esq.
Adam Wolfson, Esq.
Justin C Griffin, Esq.
Alyssa G. Olson, Esq.
Joshua Courtney, Esq.
QUINN EMANUEL
URQUHART & SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7075
Facsimile: (206) 905-7100
E-mail: aliciacobb@quinnemanuel.com
andrewschapiro@quinnemanuel.com
adamwolfson@quinnemanuel.com
justingriffin@quinnemanuel.com
alyolson@quinnemanuel.com
joshuacourtney@quinnemanuel.com
matthosen@quinnemanuel.com
nolananderson@quinnemanuel.com
- and -
Aaron M. Zigler, Esq.
Lawrence Ashe, Esq.
Nidya S Gutierrez, Esq.
ZIGLER LAW GROUP, LLC
308 S. Jefferson Street | Suite 333
Chicago, IL 60661
Telephone: (312) 673-8427
E-mail: aaron@ziglerlawgroup.com
larry@ziglerlawgroup.com
nidya@ziglerlawgroup.com
The Defendant is represented by:
Brian D. Buckley, Esq.
Deena J.G. Feit, Esq.
Jedediah Wakefield, Esq.
Mary Griffin Sims, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (206) 389-4511
E-mail: bbuckley@fenwick.com
dfeit@fenwick.com
jwakefield@fenwick.com
mgriffin@fenwick.com
AMENTUM GOVERNMENT: Class Cert Briefing Extended to Sept. 17
------------------------------------------------------------
In the class action lawsuit captioned as Middleton, et al., v.
Amentum Government Services Parent Holdings, LLC, et al., Case No.
2:23-cv-02456 (D. Kan., Filed Oct. 10, 2023), the Hon. Judge Eric
F. Melgren entered an order granting Joint Motion to Amend
Scheduling Order.
-- Deadline for class certification briefing is extended to
Sept. 17, 2025.
The suit alleges violation of the Employee Retirement Income
Security Act (E.R.I.S.A.)
Amentum provides global technical and engineering services. The
Company offers aviation support services, training, and contractor
logistics.[CC]
AMERICAN HONDA: Seeks to Dismiss Cohen Class Action
---------------------------------------------------
In the class action lawsuit captioned as PATRICK COHEN, on behalf
of himself and others similarly situated, v. AMERICAN HONDA FINANCE
CORPORATION D/B/A ACURA FINANCIAL SERVICES, Case No.
1:25-cv-22924-RKA (S.D. Fla.), the Defendant asks the Court to
enter an order dismissing the Complaint, pursuant to the
"first-filed rule."
The motion is made on the grounds that the claims brought by
Plaintiff Patrick Cohen in this action are the same as the claims
already being litigated against AHFC in a putative class action
filed nearly a year and a half ago and venued in the Southern
District of California, styled Quintin Shammam v. American Honda
Finance Corporation, Case No. 3:24-cv 00648-H-VET ("Shammam
Action").
Alternatively, the Court should stay this action pending the
resolution of Shammam Action or transfer this action to the
Southern District of California.
On April 5, 2024, Quintin Shammam filed a complaint against AHFC in
the Southern District of California, asserting two causes of action
under the Telephone Consumer Protection Act ("TCPA").
The Plaintiff seeks to represent the following nationwide TCPA
class:
"All persons throughout the United States (1) to whom American
Honda Finance Corporation placed, or caused to be placed, a
call, (2) directed to a telephone number assigned to a
cellular telephone service, but not assigned to a person who
then had an American Honda Finance Corporation account, (3) in
connection with which American Honda Finance Corporation used,
or caused to be used, an artificial or prerecorded voice, (4)
from four years prior to the filing of this complaint through
the date of class certification."
Acura offers a variety of service contracts, maintenance plans and
protection coverage.
A copy of the Defendant's motion dated Aug. 20, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=uDrMhF at no extra
charge.[CC]
The Defendant is represented by:
Lauren M. Burnette, Esq.
John M. Marees II, Esq.
MESSER STRICKLER BURNETTE, LTD.
1400 Marsh Landing Pkwy., Suite 109
Jacksonville, FL 32250
Telephone: (904) 892-6936
Facsimile: (904) 298-8350
E-mail: lburnette@messerstrickler.com
jmarees@messerstrickler.com
AMMO INC: Barrile's Bid for Appointment as Lead Plaintiff Tossed
----------------------------------------------------------------
In the class action lawsuit captioned as Arias Larmay, v. AMMO
Incorporated, et al., Case No. 2:24-cv-02619-DJH (D. Ariz.), the
Hon. Judge Diane J. Humetewa entered an order that the Magistrate
Judge's R&R is accepted and adopted as the Order of this Court.
Furthermore, the Court entered an order:
-- Denying Barrile's "Motion for Appointment as Lead Plaintiff
and Approval of Lead Counsel," Scarborough's "Motion for
Appointment as Lead Plaintiff and Approval of Lead Counsel,"
and Sommerville's "Motion for Appointment as Lead Plaintiff
and Approval of Lead Counsel;
-- Granting Cherches and Zvagelsky's "Motion for Appointment as
Co-Lead Plaintiffs and Approval of their Selection of
Counsel;" and
-- Approving Cherches and Zvagelsky's selection of counsel, with
Pomerantz LLP and Bronstein, Gewirtz & Grossman, LLC appointed
as co-lead counsel and Keller Rohrback L.L.P. as liaison
counsel for the class.
Cherches and Zvagelsky are net purchasers because they bought more
stock during the putative class period than they sold. Their losses
exceed any profits from their options; therefore, it was
speculative that they would face a unique defense that they are net
gainers since they are net losers under the LIFO method.
In sum, Judge Willett's finding that Movants Cherches and Zvagelsky
were not subject to unique defenses is not clearly erroneous or
contrary to law. The Court will therefore accept her recommendation
as the Order of this Court.
On Nov. 29, 2024, the Plaintiffs filed Motions seeking appointment
as lead plaintiff in this class action matter and approving their
selection of lead counsel.
Ammo is designer, manufacturer and marketer of performance-driven
and innovative ammunition products, in the sporting industry.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=feRVtS at no extra
charge.[CC]
ANNE ARUNDEL: Court Consolidates Actions
----------------------------------------
In the class action lawsuit captioned as Bernard v. Anne Arundel
Dermatology, P.A., Case No. 1:25-cv-02290 (D. Md.), the Hon. Judge
George L. Russell, III entered an order that Correa's Motion to
Consolidate Actions and Appoint Leadership and Executive Committee
is:
-- granted in part as to consolidation and appointment of
proposed interim co-lead counsel and liaison counsel, and
-- denied in part as to the appointment of proposed
executive committee without prejudice.
Wilson's Motion to Consolidate Cases and Appoint Thomas A.
Zimmerman, Jr. to the Plaintiffs' Executive Committee is denied as
moot.
The risks of prejudice and possible confusion are low because the
cases in their early stages. Moreover, no putative class members
oppose consolidation or assert any burdens or expenses causes by
consolidating. Accordingly, the Court finds that combining the
cases serves the purposes of Rule 42(a) and will consolidate all
related class actions into a single action.
On or around July 14, 2025, Defendant Anne Arundel Dermatology,
P.A. allegedly issued a notice to the Plaintiff Natalia Correa and
others, informing them that an unauthorized third-party may have
gained access to certain parts of its IT system between Feb. 14,
2025, and May 13, 2025.
Anne offers comprehensive medical, pediatric, surgical, and
aesthetic dermatology services.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=U5Zgah at no extra
charge.[CC]
ANSCHUTZ EXPLORATION: Fact Discovery Due April 30, 2026
-------------------------------------------------------
In the class action lawsuit captioned as Michelle Navarro, on
behalf of herself and all others similarly situated, v. Anschutz
Exploration Corporation, Case No. 2:25-cv-00093-ABJ (D. Wyo.), the
Hon. Judge Alan Johnson entered a scheduling order as follows:
-- Motions for leave to amend or add additional Oct. 17,2026
Parties:
-- Fact Discovery for Class Certification: April 30, 2026
-- Plaintiff's Expert Disclosure: May 29, 2026
-- Defendant's Expert Disclosure: July 31, 2026
Anschutz is a private oil and gas company.
A copy of the Court's order dated Aug. 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hF0FOr at no extra
charge.[CC]
AVANTIC MEDICAL: Fails to Secure Personal Info, Pagan Says
----------------------------------------------------------
DAWN O'HARA PAGAN, individually and on behalf of all others
similarly situated v. AVANTIC MEDICAL LAB, INC., Case No.
2:25-cv-14907 (D.N.J., Aug. 26, 2025) is a class action lawsuit on
behalf of all persons who entrusted Defendant with sensitive
Personally Identifiable Information and Protected Health
Information that was impacted in a data breach.
The Plaintiff's claims arise from the 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.
On June 10, 2025, the Everest Ransomware group added a listing for
Defendant to its leak site, accompanied by a one-week countdown
clock and four screenshots containing patient information as proof
of its claims that it had obtained sensitive Private Information
stored in Defendant's IT Network.
On July 3, 2025, Everest leaked 31 GB of patient files. Upon
information and belief, the following types of Private Information
were compromised as a result of the Data Breach: name, address,
telephone number, Social Security number, medical record number,
referring doctor, health insurance, medical, and financial
information.
To date, the Defendant has yet to provide any notice to impacted
patients about the Data Breach. The Defendant failed to take
precautions designed to keep individuals' Private Information
secure, asserts the suit.
The Defendant is a full-service clinical laboratory headquartered
in Edison, New Jersey, that services hospitals, hospital staff
physicians, and the entire New Jersey, New York, and Pennsylvania
metropolitan area.[BN]
The Plaintiff is represented by:
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
- and -
Mark K. Svensson, Esq.
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (202) 975-0468
E-mail: msvensson@milberg.com
gklinger@milberg.com
AZEK COMPANY: Lucien Class Suit Seeks Equal Access to Website
-------------------------------------------------------------
CESAR LUCIEN, on behalf of himself and all others similarly
situated v. THE AZEK COMPANY INC.; AZEK EXTERIORS, LLC (d/b/a AZEK
Exteriors); AND DEMAND FOR JURY TIMBERTECH LIMITED (d/b/a
TimberTech); STRUXURE OUTDOOR, LLC (d/b/a StruXure); ULTRALOX
INTERLOCKING TECHNOLOGY, LLC (d/b/a Ultralox); INTEX MILLWORK
SOLUTIONS, LLC (d/b/a INTEX Millwork); RETURN POLYMERS, INC. (d/b/a
Return Polymers), Case No. 1:25-cv-07126 (S.D.N.Y., Aug. 27, 2025)
alleges that the Defendants' failed to design, construct, maintain,
and operate these websites in a manner that is fully accessible to
-- and independently usable by -- blind and visually-impaired
individuals, including Plaintiff, in violation of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law , and the New York Civil Rights Law.
The Plaintiff is a visually-impaired and legally blind individual
diagnosed with Stargardt's Disease, a progressive retinal condition
that severely impairs central vision. He asserts multiple barriers
when accessing Defendants' website.
AZEK is a Delaware corporation headquartered in Chicago, Illinois,
owning and operating multiple subsidiaries in the building products
industry, including but not limited to AZEK Exteriors, TimberTech,
StruXure, Ultralox, INTEX Millwork, and Return Polymers. Each
subsidiary maintains its own public-facing website (the Websites),
which offer consumers nationwide -- including in New York—access
to information, product specifications, purchasing pathways, and
other services. [BN]
The Plaintiff is represented by:
Michael A. James, Esq.
Jon L. Norinsberg, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: Mjames@employeejustice.com
jon@norinsberglaw.com
BARRACO'S PIZZA: Website Inaccessible to the Blind, Hampton Says
----------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated, Plaintiff v. Barraco's Pizza, Inc., Defendant, Case No.
1:25-cv-09946 (N.D. Ill., August 20, 2025) is a civil rights action
against Barraco's Pizza for its failure to design, construct,
maintain, and operate its website, www.barracos.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 8, 2025, the Plaintiff searched on Google for local Italian
restaurants and came across the Defendant's website. However,
during her visit, she encountered accessibility issues that made
the process impossible to complete.
The Plaintiff 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 heading hierarchy,
ambiguous link texts, inaccessible contact information, changing of
content without advance warning, lack of alt-text on graphics, the
lack of adequate labeling of form fields, the denial of keyboard
access for some interactive elements, and the requirement that
transactions be performed solely with a mouse.
The Plaintiff seeks a permanent injunction to cause a change in
Barraco's Pizza'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.
Barraco's Pizza, Inc. operates the website that offers a variety of
traditional and specialty pizzas, pasta, steaks, chicken dishes,
and seafood, with pickup and delivery options, catering services,
and private event hosting.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Office: (844) 731-3343
Cellphone: (630) 478-0856
E-mail: Dreyes@ealg.law
BAYCARE HEALTH: Tracks Website Visitors' Personal Info, Crespi Says
-------------------------------------------------------------------
sLUIS ANGEL HEREDIA CRESPI, LYNETTE DAVIS, and MARTIN FORERO,
individually and on behalf of all others similarly situated v.
BAYCARE HEALTH SYSTEM, INC., a nonprofit corporation organized
under the laws of Florida, Case No. 8:25-cv-02245 (M.D. Fla., Aug.
22, 2025) arises from BayCare's collection and disclosure of
Website visitors' sensitive personal health information and
electronic communications to Google without prior notice and
consent, through tracking mechanisms embedded in the Defendant's
website, www.baycare.org, in violation of the Florida Security of
Communications Act, and the federal Electronic Communications
Privacy Act.
Through its Website, BayCare allows visitors to search for
physicians and various medical facilities, explore health services,
pay for care, enter their patient portal, and register for support
groups, courses, and other programs. Unbeknownst to Website
visitors, BayCare has knowingly implemented two tracking
technologies owned by Google on its Website: the Google Analytics 4
Tracker and the DoubleClick Tracker.
When Website visitors search for doctors or medical specialists,
research treatment locations, seek information about specific
medical services or conditions, or interact with other
health-related content, BayCare procures Google through the
Trackers to intercept these electronic communications without
consent. This includes the interception of: (a) the names,
specialties, and locations of physicians from whom visitors are
seeking treatment; (b) the medical facilities where visitors are
seeking treatment; (c) the types of medical services or procedures
visitors are seeking; and (d) search queries entered by visitors
into the Website’s search bar, the suit says.
BayCare is a leading not-for-profit healthcare system across West
Central Florida. Formed in 1997, BayCare is one of the largest
employers in the Tampa Bay area, with nearly 33,000 employees, 16
hospitals, and hundreds of outpatient locations.[BN]
The Plaintiff is represented by:
Daniel I. Schlade, Esq.
James M. Dore, Esq.
6232 N. Pulaski, No. 300
Chicago, IL 60646
Telephone: (773) 550-3775
E-mail: danschlade@gmail.com
- and -
Don Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 762-2661
E-mail: don@donbivens.com
BESTWAY USA: Faces Piceno Class Suit Over Defective Ground Pool
---------------------------------------------------------------
PETE PICENO and SHANNON GANNON, on behalf of themselves and those
similarly situated v. BESTWAY USA INC., BESTWAY (HONG KONG)
INTERNATIONAL LTD., and BESTWAY INFLATABLES AND MATERIAL CORP.,
Case No. 2:25-cv-07878 (C.D. Cal., Aug. 21, 2025) is a class action
for damages and equitable relief arises from false claims made by
the Defendants about the safety of their products, the Coleman
Power Steel Above Ground Pool, the Power Steel Above Ground Pool,
and the Steel Pro Above Ground Pool.
The Defendants' advertisement of the Product features claims
related to ease of use, and consumers purchased the product
expecting a safe, easy-to-set-up above ground pool. Consumers who
purchased the Product discovered through a recall notice that the
Product posed a serious safety hazard to users that required
significant user updates to combat. Specifically, to address the
safety concerns posed by the external strap of the Product, the
owner must spend substantial time and effort to obtain a repair kit
and modify the external strap that holds the pool together, says
the suit.
The false claims led Plaintiffs and Class Members to purchase
defective products that did not perform as advertised and posed
substantial danger to consumers. Additionally, the Plaintiffs and
all Class Members have to drain all water from the Product before
completing repairs. These updates require substantial effort on the
part of the owner and result in meaningful expenses, the suit
contends.
The Defendant manufactures outdoor leisure products.[BN]
The Plaintiffs are represented by:
Luke Landers, Esq.
HILGERS GRABEN PLLC
27001 Agoura Rd., Suite 350,
Calabasas, CA 91301
Telephone: (310) 692-8385
E-mail: llanders@hilgersgraben.com
BOTH INC: Court Narrows Claims in Dail Suit
-------------------------------------------
In the class action lawsuit captioned as ADRIAN DAIL, et al., v.
BOTH, INC., et al., Case No. 2:23-cv-00276-JKW-DEM (E.D. Va.), the
Hon. Judge Jamar K. Walker entered an order:
-- granting the Defendants' motion to dismiss as to Count VI.
The motion is denied as to Counts I and III–V and as to the
request to strike allegations related to the 80/20/30 Final Rule.
The plaintiffs' motion for class certification is granted in part
with modifications and denied in part. The motion is granted with
modifications as to Counts I and II.
The Court conditionally certifies the proposed Virginia Minimum
Wage Collective, which is defined as:
"All hourly tipped Golden Corral employees who were employed
by defendants at the Williamsburg (Store No. 800) and Newport
News (Store #844) restaurants at any time within the three
years preceding the filing of the plaintiffs' complaint
through the final disposition of this matter who were paid
less than the federal minimum wage for all hours worked."
The Court also conditionally certifies the proposed Virginia
Overtime Collective, which is defined as:
"All hourly Golden Corral employees who were employed by
defendants at the Ruther Glen (Store No. 647), Fredericksburg
(Store No. 688), Volvo Parkway (Store No. 721), Williamsburg
(Store No. 800), Virginia Beach (Store No. 810), Newport News
(Store No. 844), and Manassas (Store No. 2462) restaurants at
any time within the three years preceding the filing of the
plaintiffs' Complaint through the final disposition of this
matter who worked in excess of 40 hours per week."
Class certification is denied as to Counts III–V and denied as
moot as to Count VI.
The parties are ordered to meet and confer about the form and
manner of notice to ensure that it conforms with the Court's
conditional certification decision.
The notice forms shall include a disclaimer explicitly stating that
the Court does not encourage or discourage participation in this
suit.
The parties are further ordered to submit a proposed notice plan,
along with any unresolved issues to the Court on or before Sept. 4,
2025.
Both is a bank holding company owning or controlling one or more
banks.
A copy of the Court's opinion & order dated Aug. 21, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=9fiklN
at no extra charge.[CC]
BOYNE USA: Court Extends Class Cert Bid Filing Until Sept. 11
-------------------------------------------------------------
In the class action lawsuit captioned as BARBARA HORNBECK, et al.,
v. BOYNE USA, INC., et al., Case No. 1:24-cv-00682-HYJ-PJG (W.D.
Mich.), the Hon. Judge Hala Y. Jarbou entered an order granting the
Plaintiffs' oral motion for an extension of time to file their new
motion for class certification.
The deadline is extended until Sept. 11, 2025.
The Court further entered an order that a status conference is set
for Sept. 18, 2025, at 9:00 AM. Parties may file a proposed
schedule or motion for consideration at the status conference no
later than Sept. 17, 2025.
Boyne owns and operates mountain resorts.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=u60mWB at no extra
charge.[CC]
BUILT BRANDS: Adds Junk Fees to Consumer Purchases, Malone Alleges
------------------------------------------------------------------
JENNIFER MALONE and KRISTIE ROACH on behalf of themselves and all
others similarly situated v. BUILT BRANDS, LLC, Case No.
1:25-cv-01161-MAD-DJS (N.D.N.Y., Aug. 25, 2025) seeks monetary
damages, restitution, and public injunctive and declaratory relief
from Built Brands arising from its deceptive addition of junk fees
to consumers' shopping carts.
When consumers browse products on Built Brands, Built Brands
advertises the price of its retail items, along with an
advertisement for either free or flat rate shipping. Those pricing
representations are false, however, because Built Brands
surreptitiously adds junk fees to consumer purchases, including a
so-called "Product Protection" fees, the suit says.
Accordingly, the assessment of these fees is deceptive and unfair,
since: (a) Built Brands sneaks these fees into consumers shopping
carts; (b) the fees are nothing more than an additional cost for
shipping, rendering Built Brands’ promise for "free" or flat-rate
shipping false; (c) the fees themselves are deceptively named and
described; and (d) the fees provide no added value to consumers and
reasonable consumers, like Plaintiffs, would not knowingly choose
to pay them, absent Defendant's deception.
The Plaintiffs seeks damages and, among other remedies, public
injunctive relief that fairly allows consumers to decide whether
they will pay shipping costs.
The Defendant is a food retailer headquartered in American Fork,
Utah.[BN]
The Plaintiffs are represented by:
Sophia G. Gold, Esq.
Sarah M. Levin, Esq.
Amanda J. Rosenberg, Esq.
Jeffrey D. Kaliel, Esq.
KALIELGOLD PLLC
Oakland, CA 94609
Telephone: (202) 350-4783
E-mail: sgold@kalielgold.com
slevin@kalielgold.com
jkaliel@kalielpllc.com
arosenberg@kalielgold.com
- and -
Tyler B. Ewigleben, Esq.
JENNINGS & EARLEY PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
Telephone: (317) 695-1712
E-mail: tyler@jefirm.com
CALIFORNIA: Krieger Appeals Civil Rights Suit Dismissal to 9th Cir.
-------------------------------------------------------------------
KIMBERLY KRIEGER, et al. are taking an appeal from a court order
dismissing their lawsuit entitled Kimberly Krieger, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Eric Banks, in his official capacity as Chair of the
California Public Employee Relations Board, et al., Defendants,
Case No. 2:24-cv-08589-SVW-SK, in the U.S. District Court for the
Central District of California.
The complaint is filed against the Defendants for violation of the
Civil Rights Act.
On Nov. 26, 2024, the Plaintiffs filed first amended complaint.
On Dec. 5, 2024, the Defendants filed motions to dismiss the
Plaintiffs' amended complaint.
On Dec. 6, 2024, Intervenor-Defendant United Teachers Los Angeles
filed a motion for judgment on partial findings.
On July 21, 2025, Judge Stephen V. Wilson granted the Defendants'
motions to dismiss and Intervenor-Defendant's motion for judgment
on partial findings. The Plaintiffs' claims are dismissed with
prejudice.
The appellate case is entitled Krieger, et al. v. Banks, et al.,
Case No. 25-5326, in the United States Court of Appeals for the
Ninth Circuit, filed on August 21, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on August 26,
2025;
-- Appellant's Opening Brief is due on September 30, 2025; and
-- Appellee's Answering Brief is due on October 30, 2025. [BN]
Plaintiffs-Appellants KIMBERLY KRIEGER, et al., individually and on
behalf of all others similarly situated, are represented by:
Shella Sadovnik Alcabes, Esq.
Rebekah Schultheiss, Esq.
FREEDOM FOUNDATION
P.O. Box 552
Olympia, WA 98507
Defendants-Appellees ERIC BANKS, in his official capacity as Chair
of the California Public Employee Relations Board, et al. are
represented by:
J. Felix De La Torre, Esq.
PUBLIC EMPLOYMENT RELATIONS BOARD
1031 18th Street
Sacramento, CA 95814
- and -
Joseph Eckhart, Esq.
PUBLIC EMPLOYMENT RELATIONS BOARD
1515 Clay Street, Suite 2206
Oakland, CA 94612
- and -
Connie Lee Michaels, Esq.
LITTLER MENDELSON, PC
2049 Century Park, E., 5th Floor
Los Angeles, CA 90067
Intervenor-Defendant-Appellee UNITED TEACHERS LOS ANGELES is
represented by:
Scott A. Kronland, Esq.
Matthew John Murray, Esq.
ALTSHULER BERZON, LLP
177 Post Street, Suite 300
San Francisco, CA 94108
- and -
Michael Plank, Esq.
Ira L. Gottlieb, Esq.
BUSH GOTTLIEB
801 N. Brand Boulevard, Suite 950
Glendale, CA 91203
CENTRAL MAINE: Fails to Pay Nurses' Proper OT Wages, Gagnon Says
----------------------------------------------------------------
KATHERINE GAGNON, individually and on behalf of all other persons
similarly situated, Plaintiff v. CENTRAL MAINE HEALTHCARE
CORPORATION, Defendant, Case No. 2:25-cv-00423-LEW (D. Maine.,
August 20, 2025) is a class and collective action complaint brought
by the Plaintiff against the Defendant seeking all available relief
under the Fair Labor Standards Act, the Maine Employment Practices
Act, and the Maine Minimum Wage and Overtime Law, and their
supporting regulations.
Named Plaintiff Gagnon asserts that she worked in excess of 40
hours per workweek in one or more workweeks, without receiving the
correct payment of overtime premiums in those workweeks within the
relevant periods.
Plaintiff Gagnon brought this suit on behalf of herself and other
current and former nurses and Certified Nursing Assistants employed
by CMHC who worked at any CMHC facility.
Central Maine Healthcare Corporation is a hospital operating within
the Central Maine Healthcare System.[BN]
The Plaintiff is represented by:
James A. Clifford, Esq.
CLIFFORD & CLIFFORD, LLC
10 Moulton St., Fifth Floor
Portland, ME 04101
Telephone: (207) 613-9465
E-mail: james@cliffordclifford.com
- and -
Andrew P. Cotter, Esq.
CLIFFORD & CLIFFORD, LLC
10 Moulton St., Fifth Floor
Portland, ME 04101
Telephone: (207) 613-9465
E-mail: andrew@cliffordclifford.com
- and -
Peter Mancuso, Esq.
Andrew Schmidt, Esq.
Pamela Lee, Esq.
BOREALIS LAW, PLLC
97 India Street
Portland, ME 04101
Telephone: (207) 619-0884
E-mail: peter@maineworkerjustice.com
CHENEGA GLOBAL: Must File Class Cert Response by Sept. 5
--------------------------------------------------------
In the class action lawsuit captioned as Kalantari, et al., v.
Chenega Global Protection, LLC, Case No. 1:25-cv-00961 (D. Colo.,
Filed March 25, 2025), the Hon. Judge Charlotte N. Sweeney entered
an order granting motion for extension of time to file response as
to30 motion to certify class action and collective action.
The Defendant's response is now due on or before Sept. 5, 2025.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Chenega provides facilities support management and consulting
services.[CC]
CINCO SPIRITS: Faces Haschemies Suit Over Falsely Marketed Tequila
------------------------------------------------------------------
NABIL HASCHEMIE, individually and on behalf of all others similarly
situated v. CINCO SPIRITS GROUP, LLC, a Delaware limited liability
company, Case No. 1:25-cv-23864 (S.D. Fla., Aug. 27, 2025) is a
class action against the Defendant on behalf of all consumers that
have purchased falsely marketed tequila from Defendant's Cincoro
tequila brand.
According to the complaint, the Defendant markets the Cincoro
tequila brand as "the gold standard in tequila," stating "[at]
Cincoro, our journey begins with the meticulous hand-selection of
the highest quality, mature 100% Tequilana Blue Weber agaves from
both the Highlands and Lowlands of Jalisco."
The Plaintiff and others similarly situated paid premium prices for
the Products in reliance on Defendant's representations that the
Products were created from 100% Blue Weber agave. The Product's
"sleek design is further enhanced by the iconic, hand-polished
stopper, inscribed with 'Share Truth.'" According to Defendant,
"this phrase embodies the essence of Cincoro's mission to create
moments of genuine connection and authenticity through the shared
experience of exceptional tequila."
CINCO SPIRITS GROUP, LLC is a U.S. based spirits company. [BN]
The Plaintiff is represented by:
Daniel S. Maland, Esq.
Robert M. Stein, Esq.
Sandra E. Mejia, Esq.
RENNERT VOGEL MANDLER &
RODRIGUEZ, P.A.
Miami Tower, Suite 2900
100 S.E. Second Street
Miami, FL 33131
Telephone (305) 577-4177
E-mail: servicedanielmaland@rvmrlaw.com
servicesandramejia@rvmrlaw.com
dmaland@rvmrlaw.com
rstein@rvmrlaw.com
smejia@rvmrlaw.com
CIRCUIT CITY: Hippe Bid for Default Judgment Partly OK'd
--------------------------------------------------------
In the class action lawsuit captioned as XINYUE HIPPE, v. CIRCUIT
CITY CORPORATION, INC., Case No. 2:25-cv-00298-PP (E.D. Wis.), the
Hon. Judge Pamela Pepper entered an order granting in part and
denying in part the plaintiff's motion for default judgment.
The court grants the plaintiff's request for injunctive relief for
the defendant's violation of Title III of the ADA and her request
for nominal damages for the defendant's negligent infliction of
emotional distress.
The court denies the plaintiff's motion to the extent it seeks
class damages, compensatory damages, declaratory relief and
injunctive relief for the defendant's negligent infliction of
emotional distress.
The court awards the plaintiff $1.00 in nominal damages. The court
will issue a separate injunction in compliance with Federal Rule of
Civil Procedure 65(d).
The court orders that by the end of the day on Sept. 10, 2021, the
plaintiff must submit a fee petition and supporting documentation
for costs and reasonable attorneys’ fees incurred.
The balance of hardships between the parties weighs in favor of
granting the injunction. Absent an injunction, the plaintiff will
continue to be unable to purchase products from the defendant’s
website. If the court issues the injunction the plaintiff seeks,
the defendant will be required to expend some costs to bring its
website into compliance with the ADA.
The injunction the plaintiff seeks will serve the public
interest by making the defendant's website more accessible to
visually impaired individuals.
The court has found that the plaintiff is entitled to a permanent
injunction.
On Feb. 28, 2025, the plaintiff filed a class action complaint
alleging that the defendant had violated Title III of the Americans
with Disabilities Act (ADA), because the website circuitcity.com is
not formatted to allow a legally blind customer like the plaintiff
to access its content.
Circuit is an American consumer electronics retail company.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lwtAUZ at no extra
charge.[CC]
CITIZENS & NORTHERN: Goldovsky Seeks Rule 23 Class Certification
----------------------------------------------------------------
In the class action lawsuit captioned as ALEX GOLDOVSKY, GLYNN
FRECHETTE, JOHN KRUPEY, and KRISTIN SCHARF, Individually and on
Behalf of All Others Similarly Situated, v. CITIZENS & NORTHERN
BANK, Case No. 4:25-cv-00923-MWB (M.D. Pa.), the Plaintiffs ask the
Court to enter an order:
(1) certifying the Class pursuant to Rules 23(a) and 23(b)(3)
of the Federal Rules of Civil Procedure;
(2) appointing the Plaintiffs as Class Representatives; and
(3) appointing the Plaintiffs' attorneys as Class Counsel.
The Plaintiffs propose a Class defined as follows:
"All persons or entities who purchased or otherwise acquired
interests in any of the FIC Partnerships identified on Exhibit
1 to the Plaintiff's Original Class Action Complaint, from
March 27, 2019 through May 31, 2023, inclusive ("the Class
Period")."
Excluded from the Proposed Class are: (a) Roy Hill, Clean
Energy Technology Association, Inc. (“CETA”), Eric Shelly,
and
Freedom Impact Consulting, LLC (“FIC”); (b) directors and
officers of CETA and FIC; Mauricio J. Rauld, (c) Premier Law
Group, Timothy B. Gertz, and PV Advisors, PLC; (d) promoters
of the FIC Partnership interests, including those persons
referred to as "Syndicators" or the "Inner Circle"; (e) all
entities identified as "Related Parties" on Exhibit 1 to the
Complaint; (f) for all entities in sub-parts a-e, above, their
officers, directors, managers, managing members, members,
subsidiaries, affiliates, employees, agents, successors or
assigns; (g) for all natural persons in sub-parts a-f, above,
members of their immediate families and their legal
representatives, heirs, agents, affiliates, successors or
assigns, and any entity in which they or their immediate
families have or had a controlling interest, including their
family limited partnerships, family limited liability
companies, and (h) any persons or entities who recovered their
entire investment and/or made a profit from their purchase or
other acquisition of any of the interests in the FIC
Partnerships.
Citizens offers a variety of banking solutions, including checking
accounts, savings accounts, mortgages, business loans and more.
A copy of the Plaintiffs' motion dated Aug. 21, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fU5BOY at no extra
charge.[CC]
The Plaintiffs are represented by:
Zachary Arbitman, Esq.
George Donnelly, Esq.
FELDMAN SHEPHERD
WOHLGELERNTER TANNER
WEINSTOCK & DODIG, LLP
1845 Walnut Street, 21st Floor
Philadelphia, PA 19103
Telephone: (215) 567-8300
E-mail: zarbitman@feldmanshepherd.com
gdonnelly@feldmanshepherd.com
- and -
Patrick Zummo, Esq.
Lisa Gerling Zummo, Esq.
LAW OFFICES OF PATRICK ZUMMO
950 Echo Lane, Suite 333
Houston, TX 77024
Telephone: (713) 651-0590
E-mail: pzummo@zoomlaw.com
lzummo@zoomlaw.com
COLLADO REST CORP: Espinal Sues to Recover Unpaid Compensation
--------------------------------------------------------------
Edison Espinal, on behalf of herself and other similarly situated
employees v. COLLADO REST CORP and JOSE COLLADO, individually, Case
No. 1:25-cv-04734 (E.D.N.Y., Aug. 26, 2025), is brought pursuant to
the Fair Labor Standards Act ("FLSA"), the New York Labor Law
("NYLL"), including the Wage Theft Prevention Act ("WTPA"), and the
related provisions of Title 12 of the New York Codes, Rules, and
Regulations ("NYCRR"), to recover, inter alia, unpaid minimum and
overtime wage compensation.
The Defendants were required, under NYLL and NYCRR, to compensate
the Plaintiff with overtime pay at one and one-half times the
regular rate for work in excess of 40 hours per work week. However,
despite such mandatory pay obligations under NYLL and NYCRR, the
Defendants willfully and knowingly compensated Plaintiff at only
$15 per hour and failed to pay Plaintiff his lawful overtime pay
for that period from October 2020 until March 15, 2025, says the
complaint.
The Plaintiff was employed primarily as a deli clerk, under the
direct supervision and control of Defendant.
The Defendants owned and operated ROSE DELI & NEWSPAPER INC., a
corporate entity principally engaged in Nanuet, New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Email: info@StillmanLegalPC.com
COMMERCIAL SPECIALTY: Court Narrows Claims in Data Breach Suit
--------------------------------------------------------------
In the purported class action case captioned as Rodney Silveira,
individually and purportedly on behalf of all others similarly
situated, Plaintiff v. Commercial Specialty Truck Holdings, LLC,
Defendant, Civil Action No. 5:25-048-DCR (E.D. Ky.), Judge Danny C.
Reeves of the U.S. District Court for the Eastern District of
Kentucky grants in part and denies in part the Defendant's motion
to dismiss.
The court found that Plaintiff has Article III standing to pursue
most claims arising from a data breach but dismissed claims for
breach of fiduciary duty and declaratory judgment. The case may
proceed on claims for negligence, breach of implied contract,
invasion of privacy, and unjust enrichment, while claims for breach
of fiduciary duty and declaratory judgment are dismissed.
Plaintiff Rodney Silveira was formerly employed by Bridgeport Truck
Manufacturing, which was later acquired by Defendant Commercial
Specialty Truck Holdings, LLC ("CSTH"). CSTH is a specialty vehicle
manufacturer based in Cynthiana, Kentucky that operates through
several brands including Continental Micers, E-Z Pack Trucks, One
Source Parts, and Dynamic Towing and Manufacturing."
On August 13, 2024, CSTH became aware of suspicious activity
occurring within its network. However, it was not until February
11, 2025, that Silveira received a data breach notice explaining
that his personal identifiable information and protected health
information may have been exposed in the breach. By then, the
PII/PHI was not merely accessed and viewed by cybercriminals but
was also downloaded and stolen, as the data breach notice explained
that certain files and folders were copied from the CSTH
environment without authorization on or about August 7, 2024.
The notorious ransomware group INC Ransom took credit for the data
breach and posted confidential documents from E-Z Pack, a
subsidiary of CSTH, to its dark web website. The cybercriminals
accessed CSTH's systems for at least a week before CSTH uncovered
the breach. During that time, the hackers had access to CSTH's
former and current employees PII/PHI, including their names,
addresses, Social Security numbers, health insurance information,
and medical information. Despite the broad swath of data exposed,
CSTH waited six months before notifying the individuals affected by
the breach.
Since the data breach, Silveira has seen a dramatic increase in
spam text messages--about 20 to 30 per day--to be about loans. He
understands this to mean that his PII has already been placed in
the hands of cybercriminals" as he has not taken out any such
loans. The data breach has necessitated greater supervision of his
personal data and added ongoing stress, fear, and anxiety.
Silveira brought this purported class action on behalf of himself
and all others similarly situated. He originally asserted claims
against CSTH for negligence (Count I), negligence per se (Count
II), breach of implied contract (Count III), breach of implied
covenant of good faith and fair dealing (Count IV), invasion of
privacy (Count V), unjust enrichment (Count VI), breach of
fiduciary duty (Count VII), breach of confidence (Count VIII),
violation of Kentucky Consumer Protection Act (Count IX), and
declaratory judgment (Count X).
The Defendant moved to dismiss under Rules 12(b)(1) and (b)(6) of
the Federal Rules of Civil Procedure, arguing that the Plaintiff
lacked standing and failed to state a claim on all counts. Silveira
voluntarily withdrew his claims for negligence per se, breach of
implied covenant of good faith and fair dealing, breach of
confidence, and violation of Kentucky Consumer Protection Act.
The court found that Plaintiff has Article III standing to pursue
his claims. The court noted that the irreducible constitutional
minimum for standing requires: (1) injury in fact, (2) a causal
connection between the injury and the conduct complained of, and
(3) a likelihood that the injury will be redressed by a favorable
decision.
The court held that allegations of a substantial risk of harm,
coupled with reasonably incurred mitigation costs, are sufficient
to establish a cognizable Article III injury at the pleading stage,
applying the Sixth Circuit's decision in Galaria v. Nationwide Mut.
Ins. Co.
The court found that Silveira alleges that his PII/PHI has already
been stolen by hackers, as evidenced by CSTH's own admission and
INC Ransom's post on the dark web containing confidential documents
from E-Z Pack, CSTH's subsidiary.
The court concluded that this injury is concrete since there is no
need for speculation where Plaintiffs allege that their data has
already been stolen and is now in the hands of ill-intentioned
criminals. The court also found that Silveira satisfied
traceability because he alleges his injuries are fairly traceable
to CSTH's failure to protect his PII/PHI from cybercriminals.
Negligence (Count I): The court denied the motion to dismiss this
claim. The court found that the Plaintiff's negligence claim meets
the pleading standard for causation for the same reasons outlined
in the standing analysis. Regarding damages, the court noted that
Kentucky law allows recovery in tort of damages for mental anguish,
which Silveira claims.
Breach of Implied Contract (Count III): The court denied the motion
to dismiss this claim. The court found that the Plaintiff presents
a scenario where implying a contract in law is appropriate.
Specifically, he claims that CSTH collected and maintained the
PII/PHI of current and former employees as a condition of their
employment, and those employees understood that CSTH would employ
reasonable measures to protect their sensitive information. The
court held that where an employer requires an employee to provide
such information, and the employer allegedly fails to secure that
information, a contract should be implied to allow the plaintiff
recovery.
Invasion of Privacy, Intrusion upon Seclusion (Count V): The court
denied the motion to dismiss this claim. The court noted that
Courts have repeatedly held that being aware of the risk of data
breaches and failing to implement appropriate policies is
sufficient to state a claim for intrusion upon seclusion." The
court found that CSTH's argument that the Plaintiff cannot show an
intrusion because he cites no facts indicating his sensitive data
were actually disseminated is a nonstarter.
Unjust Enrichment (Count VI): Unjust Enrichment (Count VI): The
court denied the motion to dismiss this claim. CSTH argued that
providing his personal information to CSTH is not a sufficient
benefit to support a claim for unjust enrichment. However, Silveira
cited similar cases where courts found that a plaintiff conferred a
benefit to a defendant by performing labor in connection with
employment and where the defendant was enriched by the savings in
costs that should have been reasonably expended to protect the
PII." The court found that like the plaintiffs in those similar
actions, Silveira has sufficiently pled this claim.
Breach of Fiduciary Duty (Count VII): The court granted the motion
to dismiss this claim. The court found that there are no Kentucky
cases that stand for the proposition that CSTH owed Plaintiff a
fiduciary duty to protect his data. The court noted that because
Silveira did not respond to this challenge, the court need not
delve further.
Declaratory Judgment and Injunctive Relief (Count X): The court
granted the motion to dismiss this claim. The court found that
other than asserting that injunctive relief is necessary to ensure
that CSTH patches the holes in its deficient data security," the
Plaintiff does not provide sufficient justification for declaratory
or injunctive relief. The court noted that such relief is likely
futile because the horses (Silveira's PII/PHI) are already out of
the barn (allegedly stolen by cybercriminals)."
This case was filed as a purported class action, with Plaintiff
Rodney Silveira seeking to represent himself individually and
purportedly on behalf of all others similarly situated. The court's
order does not contain any ruling on class certification, as the
case is still in the motion to dismiss stage.
A copy of the court's decision is available at
https://urlcurt.com/u?l=UyGk5y from Pacermonitor.com.
COMMUNITY BRIDGES: Faces Lazaro Class Suit Over Bonus Pay Scheme
----------------------------------------------------------------
Edith Lazaro, individually and for others similarly situated v.
Community Bridges, Inc., an Arizona nonprofit corporation, Case No.
2:25-cv-03132-SMB (D. Ariz., Aug. 27, 2025) seeks to recover unpaid
wages and other damages from Community Bridges.
According to the complaint, Community employed Lazaro as one of its
Hourly Employees. He and the other Hourly Employees regularly work
more than 40 hours a workweek. Community pays them by the hour. But
Community does not pay Lazaro and the other Hourly Employees at
least one and a half times their regular rates of pay -- based on
all remuneration -- for all hours worked in excess of 40 in a
workweek. Instead, Community pays Lazaro and the other Hourly
Employees non-discretionary bonuses that it excludes from their
regular rates of pay for overtime purposes (Community's "bonus pay
scheme"), asserts the suit.
Community's bonus pay scheme violates the Fair Labor Standards Act
by failing to compensate Lazaro and the other Hourly Employees at
least 1.5 times their regular rates of pay—based on all
remuneration—for all hours worked in excess of 40 in a workweek.
Further, Community thus fails to timely pay all earned wages due on
designated paydays and upon termination of employment, in violation
of the Arizona Wage Act.
The putative FLSA collective of similarly situated employees is
defined as:
All hourly Community employees who were paid a bonus not included
in their regular rate of pay during the last three years through
final resolution of this action (the FLSA Collective Members).
The putative AWA class of similarly situated employees is defined
as:
All hourly Community employees who worked in Arizona and were paid
a bonus not included in their regular rate of pay during the last
one year through final resolution of this action (the Arizona Class
Members)
Community is a behavioral healthcare provider in the United
States.[BN]
The Plaintiff is represented by:
Samuel R. Randall, Esq.
RANDALL LAW PLLC
4742 North 24th Street, Suite 300
Phoenix, Arizona 85016
Telephone: (602) 328-0262
Facsimile: (602) 926-1479
E-mail: srandall@randallslaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mails: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Email: rburch@brucknerburch.com
CONNECTED INTERNATIONAL: Rodrigues Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Connected
International, Inc., et al. The case is styled as Kiana Rodrigues,
individually, and on behalf of all those similarly situated v.
Connected International, Inc., MSTMA, Inc., a corporation d/b/a
Connected Sam Francisco, Sacramento Community Cannabis Collective
d/b/a Connected Sacramento, Stockton Business Strategies d/b/a
Connected Stockton, Case No. STK-CV-UOE-2025-0011754 (Cal. Super.
Ct., San Joaquin Cty., Aug. 22, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Connected International provides logistics services, shipping
services, and domestic logistics services.[BN]
The Plaintiff is represented by:
Vladimir J. Kozina, Esq.
MAYALL HURLEY PC
2453 Grand Canal Blvd.
Stockton, CA 95207
Phone: 209-477-3833
Fax: 209-473-4818
Email: vjkozina@mayallaw.com
CONSERVATIVE DAD'S: Hennessy Files TCPA Suit in N.D. Georgia
------------------------------------------------------------
A class action lawsuit has been filed against Conservative Dad's
LLC. The case is styled as Michael Hennessy, individually and on
behalf of all others similarly situated v. Conservative Dad's LLC
doing business as: Ultra Right Beer, LLC, Case No. 1:25-cv-04845-AT
(N.D. Ga., Aug. 26, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Conservative Dad's LLC doing business as Ultra Right Beer, LLC --
https://ultrarightbeer.com/ -- offers American Beer.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE PA
26 Grand Georgian Ct.
Cartersville, GA 30121
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
COPY MBA LLC: Pearson Files TCPA Suit in S.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Copy MBA, LLC. The
case is styled as Elisabeth Pearson, individually and on behalf of
all those similarly situated v. Copy MBA, LLC, Case No.
3:25-cv-02185-BJC-MSB (S.D. Cal., Aug. 25, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Copy MBA, LLC -- https://www.copymba.com/ -- offers copywriting
training.[BN]
The Plaintiff is represented by:
Gerald D. 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
COSMOPOLITAN STAFFING: Fails to Pay Proper Wages, Siri Alleges
--------------------------------------------------------------
MILSI SIRI, individually and on behalf of all others similarly
situated, Plaintiff v. COSMOPOLITAN STAFFING SERVICES, LLC;
CENTURION STAFFING GROUP, LLC; MARQUIS STAFFING GROUP, LLC; ELITE
PERSONNEL GROUP, LLC; COSMOPOLITAN MEDICAL STAFFING SOLUTIONS, LLC;
JOHN DOE CORPORATIONS 1-999; and CRIEL DE MESA, Defendants, Case
No. 3:25-cv-14787 (D.N.J., Aug. 20, 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 Siri was employed by the Defendants as a warehouse
worker.
Cosmopolitan Staffing Services, LLC provides a platform for job
seekers to find exciting career opportunities across various fields
such as engineering, finance, nursing, and more. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
James Jackson, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
COVENANT AVIATION: Does not ProperlyPay Security Guards, Suit Says
------------------------------------------------------------------
Chad Duncan, individually and on behalf of all others similarly
situated, Plaintiff V. Covenant Aviation Security, LLC, Defendant,
Case No. 1:25-cv-02620 (D. Colo., August 20, 2025) arises from the
Defendant's violation of the Fair Labor Standards Act, Colorado
state law and the Civil Wage Theft Ordinance, codified in the
Denver Revised Municipal Code arising from alleged unlawful labor
practices.
The complaint alleges that throughout the relevant time period of
this action, the Plaintiff and similarly situated security guards
have been denied payment for all hours worked, including overtime,
and were denied meal and rest periods in compliance with the laws.
The Plaintiff, Class, and Collective members also performed work
before clocking in and after clocking out for which they were not
compensated.
The Defendant's conduct violated and continues to violate the FLSA
because of the mandate that non-exempt employees, such as Plaintiff
and the Collective members, be paid at one and one-half times their
regular rate of pay for all hours worked in excess of 40 within a
single workweek, says the suit.
Plaintiff Duncan has been employed as a security guard by Defendant
since September 2024. He is currently employed by Defendant and
holds the same job position.
Covenant Aviation Security, LLC provides airport security and
screening services in Colorado and across the United States.[BN]
The Plaintiff is represented by:
Carolyn H. Cottrell, Esq.
SCHNEIDER WALLACE COTTRELL KIM LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
CPAP MEDICAL SUPPLIES: Overshown Files Suit in M.D. Florida
-----------------------------------------------------------
A class action lawsuit has been filed against CPAP Medical Supplies
and Services Inc. The case is styled as Juwan Overshown,
individually and on behalf of all others similarly situated v. CPAP
Medical Supplies and Services Inc., Case No. 3:25-cv-00948 (M.D.
Fla., Aug. 19, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
CPAP Medical Supplies and Services Inc. -- https://cpapmedical.com/
-- specialize and focus on sleep therapy for active duty & retired
military service members and their families.[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: (954) 647-1866
Email: mweekes@milberg.com
CPAP MEDICAL: Fails to Secure Personal & Health Info, Edwards Says
------------------------------------------------------------------
DIANE EDWARDS, individually and on behalf of all others similarly
situated, Plaintiff v. CPAP MEDICAL SUPPLIES AND SERVICES INC.,
Defendant, Case No. 3:25-cv-00950 (M.D. Fla., August 20, 2025) is a
class action arising from Defendant's wrongful disclosure of
Plaintiff's and approximately 90,133 Class Members' sensitive
personally identifiable information and personal health information
in a foreseeable, preventable data breach.
From December 13 through December 21, 2024, criminal hackers
targeted and accessed Defendant's network systems and stole
Plaintiff's and Class Members' sensitive, confidential PII and PHI
stored therein. Although the data breach took place in the said
dates, the Defendant waited nine months before finally notifying
affected individuals that their private information was compromised
in August 2025 -- diminishing Plaintiff's and Class Members'
ability to timely and thoroughly mitigate and address the increased
and imminent risk of identity theft and other harms the data breach
caused, asserts the suit.
The Defendant failed to adequately protect Plaintiff's and Class
Members' private information -- and failed to even encrypt or
redact this highly sensitive data. 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, the suit alleges.
The Plaintiff and Class Members are current and former patients of
Defendant who obtain healthcare products and services from
Defendant.
CPAP Medical Supplies and Services Inc. is a healthcare services
company that provides sleep apnea equipment and related services to
patients, who are typically active or retired military and their
families.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
CROCS INC: Ravizee Sues to Recover Unpaid Overtime Compensation
---------------------------------------------------------------
Darryl Ravizee, individually, and on behalf of others similarly
situated v. CROCS, INC., a Delaware corporation, Case No.
1:25-cv-02657 (D. Colo., Aug. 25, 2025), is brought to recover
unpaid overtime compensation, liquidated damages, attorney’s
fees, costs, and other relief as appropriate under the Fair Labor
Standards Act (“FLSA”).
The Plaintiff and those similarly situated regularly worked in
excess of 40 hours a week, and were paid some overtime for those
hours, but at a rate that did not include Defendant’s shift
differential pay, Bonus Pay, and other non-discretionary
remuneration for overtime rates as required by the FLSA. Throughout
Plaintiff’s employment with Defendant, Plaintiff was not earning
a consistent and properly calculated overtime wage that included
shift differential pay, Bonus Pay, and other non-discretionary
remuneration in the regular rate for proper overtime calculation.
As non-exempt employees, Defendant’s hourly employees were
entitled to full compensation for all overtime hours worked at a
rate of 1.5 times their “regular rate” of pay, says the
complaint.
The Plaintiff worked as an equipment operator for Defendant in
Dayton, Ohio from December 2023 through January 8, 2025.
The Defendant has multiple locations throughout the United States
located in Colorado, Massachusetts, Ohio and Texas.[BN]
The Plaintiffs are represented by:
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ PC
One Towne Sq., 17th Floor
Southfield, MI 48076
Phone: (248) 355-0300
Email: kstoops@sommerspc.com
CSX TRANSPORTATION: Filing for Class Cert in Webb Due Dec. 22
-------------------------------------------------------------
In the class action lawsuit captioned as LAUREN WEBB, et al., v.
CSX TRANSPORTATION, INC., Case No. 6:23-cv-00211-REW-HAI (E.D.
Ky.), the Hon. Judge Hanly Ingram entered an order granting the
joint motion to extend certain deadlines, and amending the Court's
scheduling order as follows:
Per Rule 26(a)(2), no later than Sept. 30, 2025, the Plaintiff
shall disclose the identity of expert witnesses who may be used
at trial, accompanied by written reports signed by the Rule
26(a)(2)(B) expert witnesses and/or written summaries consistent
with Rule 26(a)(2)(C), as applicable, all compliant with the
rule. These disclosures need not be filed in the Court record.
No later than Oct. 21, 2025, the Defendant shall provide same.
Supplementations under Rule 26(e) are due no later than thirty
(30) days after the party becomes aware of the need for
supplementation.
All fact discovery shall be completed on or before Aug. 15,
2025, with the sole exception that the inspection of the failed
wheel bearing from the derailed train by the Plaintiffs' experts
may occur after Aug. 15, 2025, at a date mutually agreed upon by
the parties. All expert discovery related to class certification
shall be completed on or before Nov. 21, 2025. The inspection of
the failed wheel bearing from the derailed train by Plaintiffs'
experts may occur after Aug. 15, 2025 at a date to be mutually
agreed upon by the parties.
No later than Dec. 22, 2025, counsel for the parties shall file
any class-certification motions with responses thereto in
accordance with the local rules.
CSX is a Class I freight railroad company.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vcNoaK at no extra
charge.[CC]
CURBSURE LLC: Kincaid Files TCPA Suit in N.D. Georgia
-----------------------------------------------------
A class action lawsuit has been filed against Curbsure, LLC. The
case is styled as Martin Kincaid, individually and on behalf of all
others similarly situated v. Curbsure, LLC, Case No.
4:25-cv-00236-WMR (N.D. Ga., Aug. 27, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
CurbSure -- https://welcome.curbsure.com/ -- offers simple,
reliable car insurance with personalized coverage options and free
roadside assistance.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS AND GENTILE, P.A. - GA
26 Grand Georgian Ct.
Cartersville, GA 30121
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
CVS PHARMACY: Faces Foreman Suit Over Mislabeled Antifungal Liquid
------------------------------------------------------------------
William Foreman, on behalf of himself and all others similarly
situated, Plaintiff v. CVS Pharmacy Inc., a Rhode Island
Corporation, Defendant, Case No. 3:25-cv-02147-WQH-AHG (S.D. Cal.,
August 20, 2025) is a class action against the Defendant for
alleged violations of the California Unfair Competition Law, the
False Advertising Law, and the Consumers Legal Remedies Act.
According to the complaint, the Defendant's antifungal liquid
treatment is advertised as a treatment for nail fungus. However,
the active ingredient Tolnaftate is ineffective against nail
fungus. The Food and Drug Administration even requires a disclaimer
on anti-fungal treatments containing tolnaftate that the product is
not effective on nails.
The Defendant misleadingly advertises that its Maximum Strength
Anti Fungal Liquid product is a treatment for nail fungus. The
Product name and package is clear -- Anti-Fungal (with a picture of
perfect toenails) -- every reasonable consumer will immediately
assume the Product is a nail fungus treatment, says the suit.
The Plaintiff purchased Defendant's antifungal liquid from a local
retailer for treatment of his toenail fungus. Before his purchase,
the Plaintiff saw and reviewed Defendant's advertising claims on
the packaging, and he made his purchase of the antifungal product
in reliance thereon.
CVS Pharmacy, Inc. is an American multinational consumer goods
corporation.[BN]
The Plaintiff is represented by:
Nisha Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
600 West Broadway, Suite 700
San Diego, CA 92101
Telephone: (619) 393-3677
E-mail: nisha@wrightlawoffice.com
- and -
Manfred P. Muecke, Esq.
MANFRED APC
4225 Executive Square, Suite 600-6051
La Jolla, CA 92037
Telephone: (619) 550-4005
Facsimile: (619) 550-4006
E-mail: mmuecke@manfredapc.com
DAISO CALIFORNIA: Fukaya Seeks to Certify Rule 23 Classes
---------------------------------------------------------
In the class action lawsuit captioned as MAKIKO FUKAYA, on behalf
of herself and all others similarly situated, v. DAISO CALIFORNIA
LLC, Case No. 3:23-cv-00099-RFL (N.D. Cal.), the Plaintiff asks the
Court to enter an order certifying a proposed class under Rules
23(a) and (b)(2) and (3).
The proposed injunctive class consists of:
"People who purchased Tiramisu and/or Caramel product from a
Daiso retail store and resided in the State of California,
Arizona, Washington, Nevada, Texas, New Jersey, or New York
from Oct. 1, 2019, through Jan. 10, 2023."
The suit contends that class certification is appropriate because
the Plaintiff satisfies all of the prerequisites of Rule 23(a) and
the requirements of Rule 23(b)(2) and 23(b)(3).
The Plaintiff purchased Tiramisu from Daiso's Daly City store.
After suffering a severe allergic reaction in the parking lot of
the store, she removed the English translated ingredient sticker
label and learned that the Japanese language label contained tree
nuts when the translated English ingredient sticker label did not.
The case involves the sale of imported prepackaged food products
that had mislabeled and mistranslated ingredient sticker labels
from Japanese to English.
Daiso sells numerous products from Japan in retail stores in the
United States.
A copy of the Plaintiff's motion dated Aug. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Gb0tO6 at no extra
charge.[CC]
The Plaintiff is represented by:
Ara Jabagchourian, Esq.
LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
1650 S. Amphlett Boulevard, Suite 216
San Mateo, CA 94402
Telephone: (650) 437-6840
Facsimile: (650) 403-0909
E-mail: ara@arajlaw.com
DARREN INDYKE: Court OK's Bid to Amend Class Action Complaint
-------------------------------------------------------------
In the class action lawsuit captioned as JANE DOE 3, individually
on behalf of all others similarly situated, v. DARREN K. INDYKE and
RICHARD D. KAHN, Case No. 1:24-cv-01204-AS (S.D.N.Y.), the Hon.
Judge Arun Subramanian entered an order granting Doe's motion to
amend the complaint.
Given that defendants will need to conduct additional discovery,
and both parties will need to revise their briefs accordingly,
Doe's motion to certify the class and the defendants' motion for
summary judgment on the class claims are denied without prejudice,
as is Defendants' motion to exclude expert testimony on class-wide
damages, the Court says.
Mr. Indyke served as general counsel to family offices, serial
entrepreneurs, investors, and other ultra-high-net-worth
clientele.
A copy of the Court's opinion and order dated Aug. 19, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=LTBlzo
at no extra charge.[CC]
DAVITA INC: Barboza Sues Over Failure to Secure PII & PHI
---------------------------------------------------------
Tiana Barboza and Lisette Velante, on behalf of themselves and all
others similarly situated v. DAVITA, INC., Case No. 1:25-cv-02633
(D Colo., Aug. 21, 2025), is brought against DaVita for its failure
to exercise reasonable care in securing and safeguarding
Plaintiffs' and other similarly situated DaVita patients' and
employees' personally identifiable information ("PII") and
protected health information ("PHI") (collectively, "Private
Information"), including names, addresses, dates of birth, Social
Security numbers, tax identification numbers, images Of written
checks, health insurance-related information, and other identifiers
internal to DaVita, as well as certain clinical information, such
as health conditions, treatment information, and certain dialysis
lab test results.
This class action is brought on behalf of current and former
patients and employees whose Private Information was compromised in
a data breach that took place between March 24, 2025, and April 12,
2025 (the "Data Breach"). Plaintiffs and Class members were not
notified Of the Data Breach until they received data breach letters
(the "Notice") on or about August 5, 2025--four months after their
Private Information was first accessed.
As a result of Defendant's failure to protect Plaintiffs' and Class
members' Private Information, Plaintiffs and Class members suffered
costs and expenses associated with the time spent and the loss of
productivity from taking time to address and attempt to ameliorate
the release of personal data, as well as emotional grief associated
with constant monitoring of personal banking and credit accounts.
The Data Breach was caused and enabled by Defendant's violation of
its obligations to abide by best practices and industry standards
concerning the security of patients' and employees' records and
Private Information, Defendant failed to comply with security
standards and allowed their patients' and employees' Private
Information to be compromised. Therefore, the corresponding harm
caused to Plaintiffs and Class members could have been prevented or
at the very least, mitigated after the Data Breach occurred.
There has been no assurance offered by Defendant that all personal
data or copies of data have been recovered or destroyed, or that
Defendant has adequately enhanced its data security practices
sufficient to avoid a similar breach of its network in the future,
says the complaint.
The Plaintiff began using Defendant's services between 2014 and
2015.
DaVita, based in Denver, Colorado, is a leading provider of kidney
care and dialysis services that serves thousands of patients
nationwide.[BN]
The Plaintiff is represented by:
Jason S. Rathod, Esq.
Nicholas A. Migliaccio, Esq.
MIGLIACCIO & RATHOD, LLP
412 H street, NE, suite 302
Washington D.C. 20002
Phone: 202-470-520
Fax: 202-800-2730
Email: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
DIGITAL INSURANCE: Bland Seeks More Time to File Response
---------------------------------------------------------
In the class action lawsuit captioned as KELLY BLAND, v. DIGITAL
INSURANCE, LLC, d/b/a One Digital, Case No. 7:25-cv-00050-O (N.D.
Tex.), the Plaintiff asks the Court to enter an order granting an
extension of the deadline to file a motion for class certification
from Aug. 20, 2025 to April 17, 2026.
Digital provides insurance services.
A copy of the Plaintiff's motion dated Aug. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VllljJ at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
- and -
Andrew Roman Perrong, Esq.
PERRONG LAW LLC
2657 Mount Carmel Avenue
Glenside, PA 19038
Telephone: (215) 225-5529
Facsimile: (888) 329-0305
E-mail: a@perronglaw.com
DIGITAL INSURANCE: Class Cert Filing Extended to April 17, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as KELLY BLAND, v. DIGITAL
INSURANCE LLC, Case No. 7:25-cv-00050-O (N.D. Tex.), the Hon. Judge
Reed O'Connor entered an order granting the Plaintiff's unopposed
motion to extend deadline to file motion for class certification
filed August 19, 2025.
Accordingly, the Plaintiff shall file her motion for class
certification on or before April 17, 2026.
Digital is a property and casualty insurer.
A copy of the Court's order dated Aug. 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5dEnBA at no extra
charge.[CC]
DISH NETWORK: Class Cert Filing Extension Referred to Judge Prose
-----------------------------------------------------------------
In the class action lawsuit captioned as Owen-Brooks v. DISH
Network Corporation, Case No. 1:23-cv-01168 (D. Colo., Filed May 9,
2023), the Hon. Judge Regina M. Rodriguez entered an order
referring the Plaintiffs second unopposed motion for extension to
file motion for class certification to Mag. Judge Susan Prose.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
DISH operates as a satellite television company.[CC]
DOLLAR TREE: Filing for Class Cert in Godines Due Sept. 10, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as CECILIA GODINES,
individually, and on behalf of others similarly situated, v. DOLLAR
TREE STORES, INC., a Virginia corporation, Case No.
2:25-cv-01743-TLN-CSK (E.D. Cal.), the Hon. Judge Troy L. Nunley
entered an amended pretrial scheduling order:
All discovery in Phase I shall be limited to facts that are
relevant to whether this action should be certified as a class
action and shall be completed by March 10, 2026.
All counsel are to designate in writing, file with the Court, and
serve upon all other parties the name, address, and area of
expertise of each expert that they propose to tender at class
certification not later than April 10, 2026.
The Motion for Class Certification shall be filed by Sept. 10,
2026. The parties are responsible for ensuring that all motions are
filed to allow for proper notice of the hearing under the Federal
Rules of Civil Procedure and/or Local Rules.
Dollar is a discount variety store in the United States.
A copy of the Court's order dated Aug. 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6WqaMt at no extra
charge.[CC]
DOXO INC: Appeals Tossed Arbitration Bid in Mundle Suit to 9th Cir.
-------------------------------------------------------------------
DOXO, INC., et al. are taking an appeal from a court order denying
their motion to compel arbitration in the lawsuit entitled Douglas
Mundle, et al., individually and on behalf of all others similarly
situated, Plaintiffs, v. Doxo, Inc., et al., Defendants, Case No.
2:24-cv-00893-TSZ, in the U.S. District Court for the Western
District of Washington.
As previously reported in the Class Action Reporter, the complaint
alleged that the Defendants willfully frustrated consumers' desires
for cost-effective, timely and secure online payments by injecting
their Doxo website between consumers and the legitimate online
payment portals of consumers' service providers, saddling consumers
with worthless subscriptions, junk fees, unnecessary payment delays
and the added risk of mailed payments.
On May 30, 2025, the Defendants filed a motion to compel
arbitration and motion to stay, which Judge Thomas S. Zilly denied
on Aug. 7, 2025.
After considering the totality of the parties' actions, the Court
concludes that the Defendants' extended silence and delay in moving
for arbitration constitutes a waiver of any right to compel
arbitration. Accordingly, the Defendants have waived any right to
arbitrate the Plaintiffs' claims.
The appellate case is entitled Mundle, et al. v. Doxo, Inc., et
al., Case No. 25-5314, in the United States Court of Appeals for
the Ninth Circuit, filed on August 21, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on August 26,
2025;
-- Appellant's Opening Brief is due on September 30, 2025; and
-- Appellee's Answering Brief is due on October 30, 2025. [BN]
Plaintiffs-Appellees DOUGLAS MUNDLE, et al., individually and on
behalf of all others similarly situated, are represented by:
Derek W. Loeser, Esq.
KELLER ROHRBACK, LLP
1201 3rd Avenue, Suite 3400
Seattle, WA 98101
- and -
Karin B. Swope, Esq.
Thomas Loeser, Esq.
COTCHETT, PITRE & MCCARTHY, LLP
1809 7th Avenue, Suite 1610
Seattle, WA 98101
Defendants-Appellants DOXO, INC., et al. are represented by:
Courtland L. Reichman, Esq.
REICHMAN JORGENSEN LEHMAN & FELDBERG, LLP
100 Marine Parkway, Suite 300
Redwood Shores, CA 94065
- and -
David King, Jr., Esq.
REICHMAN JORGENSEN LEHMAN & FELDBERG, LLP
1909 K. Street, NW Suite 800
Washington, DC 20006
- and -
Roger Mulford Townsend, Esq.
TOWNSEND LEGAL, PLLC
380 Winslow Way, Suite 200
Bainbridge Island, WA 98110
DREXEL UNIVERSITY: Filing for Class Certification Due June 1, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as JOSHUA DELLER, on behalf
of himself and all others similarly situated, v. DREXEL UNIVERSITY,
Case No. 2:23-cv-03746-JDW (E.D. Pa.), the Hon. Judge Joshua D.
Wolson entered an amended order as follows:
1. The deadline for substantial completion of document
production is Oct. 27, 2025;
2. Each Party shall serve affirmative expert reports (meaning an
expert report that the Party will use in its case-in-chief),
if any, on or before Feb. 2, 2026;
3. Each Party shall serve rebuttal expert reports (meaning an
expert report that the Party will use to rebut an expert
opinion from its opponent), if any, on or before March 16,
2026;
4. The Parties shall complete all discovery by April 13, 2026;
5. Motions for summary judgment and class certification, if any,
shall be filed by June 1, 2026.
Drexel is a private research university.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=v922vp at no extra
charge.[CC]
DUKE ENERGY: Filing for Class Cert Bid in Mable Extended to Dec. 4
------------------------------------------------------------------
In the class action lawsuit captioned as CARL MABLE, on behalf of
himself and others similarly situated, v. DUKE ENERGY FLORIDA, LLC,
Case No. 1:24-cv-00117-RH-MAF (N.D. Fla.), the Hon. Judge Robert L.
Hinkle entered an order revising the schedule as follows:
1. The joint motion to revise the schedule is granted.
2. The plaintiff's deadline for Federal Rule of Civil Procedure
26(a)(2) disclosures is extended to Oct. 16, 2025.
The Defendant's deadline is extended to Nov. 13, 2025. The
deadline for a rebuttal expert disclosure is extended to Nov.
26, 2025.
3. The deadline for filing any motion for class certification is
extended to Dec. 4, 2025.
Duke operates low-voltage, medium-voltage, and high-voltage lines
across Florida.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VHZUKf at no extra
charge.[CC]
EATON CORPORATION: Filing for Class Certification Due July 8, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as BOB SCHLESINGER, ANDREW
SMITH, JASON THOMAS, PACIFIC MANAGEMENT, LLC, GORDON KIRK; TAUNI
DOSTER, STEVE WATKINS; and WILLIAM DOHERTY, individually and on
behalf of others similarly situated, v. EATON CORPORATION, Case No.
2:23-cv-00157-RWS (N.D. Ga.), the Hon. Judge Richard Story entered
an order granting joint motion for entry of schedule relating to
class certification:
Date Deadline
Aug. 18, 2025 Fact discovery limited to class certification
issues opens
May 1, 2026 Fact discovery limited to class certification
issues closes
June 3, 2026 Rebuttal expert reports due (can only respond
to issues raised in the affirmative expert
reports)
June 26, 2026 Deadline to depose rebuttal experts
July 8, 2026 The Plaintiffs file their motion for class
certification and support memorandum
July 15, 2026 Any Daubert briefs on class certification
experts shall be filed
Aug. 12, 2026 Eaton files its opposition to class
certification
Aug. 19, 2026 Daubert opposition briefs due
Sept. 9, 2026 The Plaintiffs file their reply in support of
certification
Eaton is a multinational power management company.
A copy of the Court's order dated Aug. 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wLmT1J at no extra
charge.[CC]
EDDIE BAUER: Filing for Class Cert Bid Extended to June 30, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as Clark v. Eddie Bauer LLC
et al., Case No. 2:20-cv-01106 (W.D. Wash., Filed July 16, 2020),
the Hon. Judge Richard A. Jones entered an order granting
stipulated motion to extend the deadline for the Plaintiff to file
motion for class certification.
-- Class Certification Motion to be filed by June 30, 2026
-- Class Certification Opposition due by Sept. 30, 2026
-- Class Certification Reply due by Aug. 14, 2026
The Court will set further case scheduling deadlines after ruling
on the motion for class certification.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Eddie is an American outdoor recreation brand and chain store.[CC]
EMIRATES: Deadline to File Opposition Extended to Sept. 8
---------------------------------------------------------
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 Hon. Judge
Laura Taylor Swain entered an order extended deadlines as follows:
-- The Defendants' deadline to file their papers in opposition to
the Plaintiffs' motion for class certification, is Sept. 8,
2025.
-- The Plaintiffs' deadline to file their reply papers in further
support of the motion is Oct. 24, 2025.
In light of these developments, the parties submit the instant
request, which will afford them sufficient opportunity to complete
the briefing of the Motion while accommodating the revised Staley
trial schedule and the intervening religious holidays in September
and October 2025.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1sN62O at no extra
charge.[CC]
The Defendants are represented by:
Evan B. Citron, Esq.
JACKSON LEWIS P.C.
666 Third Avenue
New York, NY 10017-4030
Telephone: (212) 545-4069
Facsimile: (212) 972-3213
E-mail: evan.citron@jacksonlewis.com
ENHANCED SPIRITS: Kraus Seeks to Recover Unpaid Wages Under FLSA
----------------------------------------------------------------
GUILHERME KRAUS, on behalf of himself and all others similarly
situated v. ENHANCED SPIRITS LLC d/b/a TROPICAL LIQUEURS and BILLY
THOMPSON, Case No. 4:25-cv-01273 (E.D. Mo., Aug. 25, 2025) seeks to
recover unpaid wages plus interest (pre-judgment and
post-judgment), liquidated damages, emotional distress damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Accordingly, the Defendants carried out an unlawful payroll policy
and practice by failing to pay Plaintiff for all worked hours
including overtime compensation as required by federal law. During
the relevant period, the Defendants retaliated against Plaintiff
because of his complaints concerning wages since he was paid $7.00
per hour when all other Defendants' employees earned at least or
more than the minimum wage, for which Plaintiff seeks to recover
damages, asserts the suit.
The Plaintiff was employed by the Defendants in the State of
Missouri during the period of about November 16, 2023 through March
2024. The Plaintiff began working with Defendants as a bartender in
or around November 16, 2023.
ENHANCED SPIRITS LLC d/b/a TROPICAL LIQUEURS serves frozen
cocktails.[BN]
The Plaintiff is represented by:
Meir Rubinov, Esq.
CONSUMER ATTORNEYS PLLC
68-29 Main Street
Flushing NY 11367
Telephone: (718) 640-8123
Facsimile: (718) 715-1750
E-mail: mrubinov@consumerattorneys.com
- and -
Emanuel Kataev, Esq.
SAGE LEGAL LLC
18211 Jamaica Avenue
Jamaica, NY 11423-2327
Telephone: (718) 412-2421
Facsimiles: (718) 489-4155
E-mail: emanuel@sagelegal.nyc
EPISOURCE LLC: Nelson Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Jordan Nelson, individually and on behalf of
all others similarly situated v. EPISOURCE, LLC, Case No.
25STCV23482 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for Central District of California on Aug. 20, 2025, and
assigned Case No. 2:25-cv-07833.
The Plaintiff's allegations are identical to the allegations made
by plaintiffs in the Consolidated Action, arise from the same
Cyberattack, and deal with the same questions of fact and law.
Plaintiff's allegations are entirely subsumed by the allegations
made by Plaintiffs in the Consolidated Action.[BN]
The Defendants are represented by:
Vassi Iliadis, Esq.
HOGAN LOVELLS US LLP
1999 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Phone: (310) 785-4600
Facsimile: (310) 785-4601
Email: vassi.iliadis@hoganlovells.com
ER CARPENTER: Marrow's Bid for Class Certification Tossed
---------------------------------------------------------
In the class action lawsuit captioned as SAROYA MARROW,
individually and on behalf of all others similarly situated, v.
E.R. CARPENTER COMPANY, INC., d/b/a CARPENTER CO., Case No.
8:23-cv-02959-KKM-LSG (M.D. Fla.), the Hon. Judge Kathryn Kimball
Mizelle entered an order as follows:
1. No later than Sept. 2, 2025, Marrow must submit evidence
proving that she has standing to sue.
2. Marrow's motion for class certification is denied.
The Court says that Marrow fails to convince, on the current
record, that she has Article III standing. She also fails to
demonstrate that issues common to either proposed class predominate
over individualized standing issues.
Saroya Marrow alleges that E.R. Carpenter Co., her former employer,
failed to provide a sufficient notice of continuing healthcare
coverage, in violation of the Employee Retirement Income Security
Act (ERISA), as amended by the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA). Marrow moves to certify this
case as a class action.
Marrow was employed by Carpenter until March 9, 2022, when she was
terminated for reasons other than gross misconduct. While she was
employed, Marrow obtained medical insurance for herself under
Carpenter's health plan.
The two classes are defined as:
"All participants and beneficiaries in the Defendant's Health
Plan who: (1) were sent a COBRA notice by the Defendant, in
the form attached to this Motion as Exhibit C, during the
applicable four year statute of limitations period as a
result of a qualifying event, as determined by Defendant, and
(2) did not elect continuation coverage."
"All Florida participants and beneficiaries in the
Defendant's Health Plan who: (1) were sent a COBRA notice by
Defendant, in the form attached to this Motion as Exhibit C,
during the applicable four-year statute of limitations period
as a result of a qualifying event, as determined by the
Defendant, and (2) did not elect continuation coverage."
ER operates as a chemical company.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7wgY6W at no extra
charge.[CC]
ESTEE LAUDER: Parties Seek to Extend Time to Complete Discovery
---------------------------------------------------------------
In the class action lawsuit re The Estee Lauder Co., Inc.
Securities Litigation, Case No. 1:23-cv-10669-AS (S.D.N.Y.), the
Parties ask the Court to enter an order granting an extension of
certain deadlines in the civil case management plan and scheduling
order, dated April 17, 2025.
The Parties request an extension of remaining discovery deadlines
by approximately five months. The existing Scheduling Order
provides for Defendants to substantially complete document
production by September 24, 2025 and for the Parties to complete
all fact discovery by December 18, 2025.
The schedule was entered before the Parties had exchanged initial
disclosures or discovery requests. Since that time, the Parties
have engaged in extensive negotiations regarding the appropriate
scope of Lead Plaintiffs’ 36 requests for production to each
Defendant.
The existing Scheduling Order provides for Defendants to oppose
class certification on September 25, 2025, approximately thirteen
weeks after Lead Plaintiffs’ June 27, 2025, substantial
completion deadline. Lead Plaintiffs produced documents on June 27,
2025 and July 2, 2025, and produced additional documents pursuant
to follow up requests by Defendants on August 4, 2025.
Estee is a manufacturer and marketer of skin care, makeup,
fragrance and hair care products.
A copy of the Parties' motion dated Aug. 21, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3F2osL at no extra
charge.[CC]
The Plaintiffs are represented by:
James T. Christie, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: jchristie@labaton.com
The Defendants are represented by:
Barry H. Berke, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
EVENT TICKETS: Wins Bid to Compel Arbitration in Gershzon Suit
--------------------------------------------------------------
In the case captioned as Mikhail Gershzon, Plaintiff v. Event
Tickets Center, Inc., Defendant, Case No. 24-cv-04142-RS (N.D.
Cal.), Chief District Judge Richard Seeborg of the U.S. District
Court for the Northern District of California grants the
Defendant's Motion to Compel Arbitration.
The Court ruled that Defendant has established a valid arbitration
agreement whose scope encompasses Plaintiff's claims, and that
Plaintiff has not shown that Defendant waived its right to enforce
the agreement. Therefore, Defendant's motion to compel arbitration
is granted and the action is stayed pending completion of the
arbitration proceedings.
This dispute arises out of a ticket purchase Plaintiff made via
Defendant's site. Plaintiff alleges Event Tickets Center's business
is essentially a scam, overcharging consumers for tickets and
sometimes selling outright counterfeits. Plaintiff brings this suit
against Defendant, asserting claims on behalf of a proposed
nationwide class of United States residents and a proposed subclass
of California residents who purchased tickets from Defendant's
website.
To purchase a ticket, Plaintiff needed to navigate to the checkout
webpage, which displayed a notice informing the user that by
placing an order, he was agreeing to Event Tickets Center's terms
and policies. The terms included the company's privacy policy,
which contained a binding arbitration agreement and class action
waiver.
Plaintiff filed his class action complaint against Defendant on
July 9, 2024. Defendant filed its answer on September 30, 2024,
asserting multiple affirmative defenses, but omitting any claim of
arbitrability. In October, the parties filed a Joint Case
Management Statement where Defendant shared it would oppose any
motion for class certification and might file a motion for summary
judgment after responding to Plaintiff's discovery requests.
Defendant also requested a jury trial.
Defendant produced 24 responsive documents in response to two sets
of requests from Plaintiff. In March of this year, parties met and
conferred about alleged deficiencies in Defendant's productions.
Defense counsel did not mention arbitration at that point.
Defendant, with the court's permission, substituted counsel on
March 20, 2025. During a subsequent meet and confer, Defendant
declared its intention to compel arbitration and subsequently filed
this Motion on May 23, 2025.
Defendant now moves to compel arbitration, contending Plaintiff and
members of the proposed class and subclass are bound by Event
Tickets Center's arbitration agreement. Plaintiff concedes that the
agreement is valid and enforceable as to his claims but argues that
Defendant has waived its right to compel arbitration.
The court found that Defendant has demonstrated a binding agreement
to arbitrate. In his opposition to Defendant's motion to compel
arbitration, Plaintiff does not contest the validity or scope of
the agreement. Plaintiff does not oppose the conclusion that Event
Tickets Center's checkout page provided reasonable notice of the
terms of service, and that Plaintiff clicked a button unambiguously
manifesting assent to those terms. The language of the arbitration
agreement is broad enough to clearly encompass Plaintiff's putative
class claims.
The crux of this motion is Plaintiff's assertion that Defendant
waived the right to enforce the arbitration agreement. Defendant
admits its awareness of the arbitration provision. Therefore, the
only question remaining is whether Event Tickets Center committed
intentional acts inconsistent with its rights under that
agreement.
Plaintiff contends Defendant engaged in intentional acts because
Defendant waited for ten months after the filing of the complaint
to compel arbitration. Additionally, Plaintiff asserts Defendant
has actively participated in the early stages of litigation. Since
Plaintiff filed his complaint in July 2024, Defendant (1) answered
the complaint with no mention of the arbitration clause, (2)
stipulated to a protective order to facilitate class--wide
discovery, (3) answered discovery requests, (4) filed a joint Rule
26(f) report, which included a request for a jury trial and
Defendant's intent to file a summary judgment motion, (5) sought
the transfer of a related matter to this court, (6) Did not,
throughout a case management conference and several meet and
confers, raise its intent to compel arbitration with either
Plaintiff or the court.
Although Defendant has waited nearly a year to file a motion to
compel, its actions, in totality, do not merit waiver. Defendant's
actions taken as a whole, were consistent with the intent to
arbitrate, and therefore it has not waived its right to enforce the
agreement.
The court found that Defendant's ten months of delay, while not
dispositive, do not support a finding of waiver. Notably, Defendant
never sought a decision on the merits of the case prior to moving
to compel arbitration. Defendant has not attempted two bites at the
apple, as is the concern in other cases of waiver.
Defendant's actions beyond delay are insufficient to establish
waiver. Defendant merely responded to, but never propounded,
discovery requests. The court noted that Defendant's other actions,
including its request for a jury trial and its potential intent to
file a motion for summary judgment, without more, are not
inconsistent with the right to arbitrate.
Taken as a whole, Defendant's actions throughout the past ten
months have not demonstrated purposeful delay or intentional
abandonment of the agreement. Therefore, Defendant has not waived
its right to compel arbitration. The action is hereby stayed
pending completion of the arbitration proceedings. Any party may
move to reopen upon completion of the arbitration or for other good
cause shown.
A copy of the court's decision is available at
https://urlcurt.com/u?l=aZ3V6l from Pacermonitor.com.
EXCEL FITNESS: Fails to Secure Personal Info, Kessler Says
----------------------------------------------------------
SEYCHELLE KESSLER, on behalf of herself and all others similarly
situated v. EXCEL FITNESS CONSOLIDATOR, LLC, Case No. 1:25-cv-01348
(W.D. Tex., Aug. 25, 2025) arises out of the data breach wherein an
unauthorized actor accessed the Defendant's computer systems and
that Defendant discovered on Jan. 17, 2025.
The Plaintiff brings this Complaint against Defendant for its
failure to properly secure and safeguard the personally
identifiable information that it collected and maintained as part
of its employment relationship with Plaintiff and Class Members.
Accordingly, such sensitive information includes, but is not
limited to, Plaintiff's and Class Members' names and Social
Security numbers. The Defendant received the Plaintiff's and Class
Members' PII as a condition of their employment with the Defendant.
By obtaining, collecting, using, and deriving a benefit from the
PII 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.
According to the letter that Defendant sent to Class Members,
Defendant admits an unauthorized actor unlawfully accessed certain
personal information from its network. The Data Breach was a direct
result of the Defendant's failure to implement adequate and
reasonable cyber-security procedures and protocols necessary to
protect individuals' PII.
The Defendant is a franchisee of Planet Fitness with over 160 gym
locations in multiple states, including Texas, Virginia, North
Carolina, Oklahoma, and Arkansas.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
FEDERMAN & SHERWPPD
4131 North Central Expressway, Suite 900
Dallas, TX 75204
Telephone: (800) 237-1277
E-mail: wbf@federmanlaw.com
- and -
Jeff Ostrow, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
sukert@kolawyers.com
EXP REALTY: Filing for Class Cert. Bid in Usanovic Due Oct. 22
--------------------------------------------------------------
In the class action lawsuit captioned as KELLY USANOVIC, v. EXP
REALTY LLC, Case No. 2:23-cv-00687-JLR (W.D. Wash.), the Hon. Judge
James L. Robart entered a scheduling order regarding class
certification motion as follows:
Deadline to complete discovery on class Oct. 8, 2025
certification (not to be construed as a
bifurcation of discovery):
Deadline for the Plaintiff's class Oct. 22, 2025
certification motion (to be noted
for reply brief deadline):
Deadline for the Defendant's opposition Nov. 19, 2025
to class certification:
Deadline for the Plaintiff's reply brief Dec. 22, 2025
in support of class certification:
Exp is an independent real estate brokerage in the world.
A copy of the Court's order dated Aug. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=X8C1NJ at no extra
charge.[CC]
EXPENSIFY INC: Continues to Defend "Wilhite" Securities Suit
------------------------------------------------------------
Expensify, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended June 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against the
securities class action styled Wilhite v. Expensify, Inc., et al.,
Case No. 3:23-cv-01784-JR.
On November 29, 2023, a putative securities class action was filed
in the United States District Court for the District of Oregon
captioned Wilhite v. Expensify, Inc., et al., Case No.
3:23-cv-01784-JR, naming us, two of our executive officers and two
of our former directors as defendants. The lawsuit is purportedly
brought on behalf of all those who purchase or acquired our stock
pursuant or traceable to our initial public offering.
The complaint alleges claims under Sections 11 and 15 of the
Securities Act of 1933 based on allegedly false or misleading
statements in the offering documents filed in connection with our
IPO. The lawsuit seeks unspecified damages and other relief. On
January 29, 2024, three shareholders moved to be appointed lead
plaintiff in the Putative Class Action. The court appointed a lead
plaintiff and lead counsel on March 11, 2024. Pursuant to the
parties' stipulation, the lead plaintiff’s amended complaint was
filed May 10, 2024, naming six of our current board members as
additional defendants. Amended Defendants' motion to dismiss the
amended complaint was filed on July 9, 2024. The lead plaintiff's
opposition was filed on September 6, 2024, and the Amended
Defendants' reply was filed on October 18, 2024.
On December 30, 2024, the magistrate judge issued findings and
recommendation that the Amended Defendants' motion to dismiss be
granted in part and denied in part. The lead plaintiff and Amended
Defendants each filed objections to the magistrate judge’s
findings and recommendation on January 21, 2025, and responses to
the objections on February 4, 2025.
On March 24, 2025, the court adopted, with certain modifications,
the magistrate judge's findings and recommendation. The defendants
intend to deny the allegations of wrongdoing and vigorously defend
against the claims in the Putative Class Action.
EXPRESS SCRIPTS: Bowden Suit Removed to W.D. Pennsylvania
---------------------------------------------------------
The case captioned as Garrett Bowden, individually and on behalf of
all others similarly situated v. EXPRESS SCRIPTS, INC., et al. Case
No. 2025-3625 was removed from the Court of Common Pleas of Cambria
County, Pennsylvania, to the United States District Court for
Western District of Pennsylvania on Aug. 19, 2025, and assigned
Case No. 3:25-cv-00261.
The Employee Retirement Income Security Act of 1973, (“ERISA”),
because the claims relate to the administration of benefits under
certain Plaintiffs’ employee benefit plans; and the Class Action
Fairness Act (“CAFA”).[BN]
The Defendants are represented by:
Julie Friedman, Esq.
HUSCH BLACKWELL LLP
1801 Pennsylvania Ave, NW, Ste 1000
Washington, D.C. 20006
Phone: 202.378.2300
Email: Julie.friedman@huschblackwell.com
- and -
Tanya M. Maerz, Esq.
Melissa Baris, Esq.
Christopher Smith, Esq.
8001 Forsyth Boulevard, Suite 1500
St. Louis, Missouri 63105
Phone: 314.480.1500
Fax: 314.480.1505
Email: tanya.maerz@huschblackwell.com
melissa.baris@huschblackwell.com
chris.smith@huschblackwell.com
FAST LANE: Honorio Class Action Suit Seeks Proper Wages Under FLSA
------------------------------------------------------------------
GERALDO OTAVIO HONORIO, individually and on behalf of all others
similarly situated v. FAST LANE COLLISION CENTER, INC., alias, and
SEYLIN NHEAN, an individual Case No. 1:25-cv-12372 (D. Mass., Aug.
27, 2025) seeks compensatory and punitive damages, counsel fees and
costs, and other equitable relief arising out of violations of the
Fair Labor Standards Act, the Massachusetts Payment of Wages Act,
and the Massachusetts Minimum Fair Wages Act.
Accordingly, the Plaintiff was a victim of the Defendants' common
policy and practices, which violated his rights under the FLSA and
Massachusetts laws by not paying him the proper wages he was owed
for the overtime hours he worked.
The Plaintiff asserts his rights and remedy grave and rampant
violations committed by the Defendants over the course of several
years.
The Plaintiff was employed by Defendants in the Commonwealth of
Massachusetts.
Fastlane specialized in vehicle repair and painting services.[BN]
The Plaintiff is represented by:
Olayiwola O. Oduyingbo, Esq.
Ana Barros, Esq.
ODU LAW FIRM, LLC
888 Reservoir Avenue, Floor 2
Cranston, RI 02910
Telephone: (401) 209-2029
Facsimile: (401) 217-2299
E-mail: Odu@odulawfirm.com
abarros@odulawfirm.com
FCA US: Filing for Class Cert Bid in Biederman Due Feb. 11, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as FRANK BIEDERMAN, et al.,
v. FCA US LLC, et al., Case No. 3:23-cv-06640-JSC (N.D. Cal.), the
Hon. Judge Jacqueline Scott Corley entered an order setting the
following class certification deadlines:
Cummins Produces Organizational Chart: Aug. 1, 2025
Submission of Discovery Dispute Joint Letters: Aug. 29, 2025
Written Discovery Substantial Completion: Oct. 20, 2025
Begin Expert Discovery: Oct. 20, 2025
Motion for Class Certification: Feb. 11, 2026
Class Certification Opposition: Apr. 27, 2026
Class Certification Reply: July 11, 2026
FCA designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Aug. 20, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JjdwlO at no extra
charge.[CC]
FELLINI SOHO: Bid for Class Certification Under NYLL Claims OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as VANCE ERICKSON, et al., on
behalf of themselves and all others similarly situated, v. FELLINI
SOHO CORP, et al., Case No. 1:25-cv-01344-JPO (S.D.N.Y.), the Hon.
Judge J. Paul Oetken entered an order:
-- granting the Plaintiff's motion for class certification as to
their claim under the New York Labor Law (NYLL) section 196-d
and denying as to their remaining claims.
-- granting the Plaintiffs' motion for class discovery;
The Plaintiffs have 120 days from the date of this Opinion and
Order to complete class discovery. The Clerk of Court is directed
to (1) close the motion at ECF No. 38 and (2) amend the caption on
ECF to replace the name of Plaintiff "Everett Heather" with "Hannah
Everett."
The Plaintiffs have made no allegations as to the type of work done
by other tipped food service employees, a category that may
encompass a variety of roles that involve different levels of
physical activity. Thus, on the record before the Court, it's
unclear that the "resolution of some of the legal or factual
questions that qualify each class member's case as a genuine
controversy can be achieved through generalized proof" and that
"these particular issues are more substantial than the issues
subject only to individualized proof," the Court says.
The Plaintiffs seek to certify a class of
"All tipped food-service employees (other than managers) who
worked for the Defendants at the Fellini Coffee food
establishments in Soho, Chelsea[,] and the West Village at any
time on or after Feb. 14, 2019."
The Plaintiffs bring this action pursuant to the Fair Labor
Standards Act ("FLSA"), and New York Labor Law ("NYLL").
The Plaintiffs allege that Defendants improperly withheld portions
of all tipped employees' tipped wages, paid them on a biweekly
basis rather than a weekly basis, and did not provide them with
wage notices and statements as required by New York state law.
Erickson worked as a barista and server at two Fellini
establishments, located in Soho and the West Village, from
September 2024 to January 2025.
Fellini operates coffeeshops in Manhattan, New York.
A copy of the Court's opinion and order dated Aug. 18, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=uD2jWQ
at no extra charge.[CC]
FIDELITY NATIONAL: Class Cert Hearing Set for Sept. 3 Postponed
---------------------------------------------------------------
In the class action lawsuit re: Fidelity National Information
Services, Inc. Securities Litigation, Case No. 3:23-cv-00252 (M.D.
Fla., Filed March 6, 2023), the Hon. Judge Timothy J. Corrigan
entered an endorsed order postponing the class certification
hearing set for Sept. 3, 2025, at 10:00 a.m., to be reset as
necessary.
The suit alleges violation of the Securities Exchange Act.
Fidelity is an American multinational corporation which offers a
wide range of financial products and services.[CC]
FIRSTCREDIT INC: Friedman Balks at Unfair Debt Collection Practices
-------------------------------------------------------------------
Alexander Friedman, individually and on behalf of all others
similarly situated, Plaintiff v. FirstCredit, Inc., Defendant, Case
No. 7:25-cv-06896 (S.D.N.Y., August 20, 2025) arises from the
Defendant's debt collection efforts that attempted and/or was
directed towards the Plaintiff which violated various provisions of
the Fair Debt Collection Practices Act.
According to the complaint, the Plaintiff suffered a concrete harm
by receiving a collection letter for a debt that he obviously does
not owe, which in turn led him to become angry, confused, and
scared. These violations by Defendant were unconscionable, knowing,
willful, negligent, and/or intentional, and Defendant did not
maintain procedures reasonably adapted to avoid any such
violations, says the Plaintiff.
The Defendant's collection efforts with respect to the debt caused
Plaintiff to suffer concrete and particularized harm, inter alia,
because the FDCPA provides Plaintiff with the legally protected
right not to be misled or treated unfairly with respect to any
action for the collection of any consumer debt, the suit alleges.
FirstCredit, Inc. is a "debt collector" as the phrase is defined
and used in the FDCPA.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@SteinSaksLegal.com
FLATED LLC: Website Inaccessible to the Blind, Knowles Alleges
--------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all other persons
similarly situated v. FLATED LLC, Case No. 1:25-cv-07090 (S.D.N.Y.,
Aug. 27, 2025) sues the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://flated.com/, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, pursuant to the Americans with Disabilities Act.
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
suit.
The Defendant operates the Flated online retail store, as well as
the Flated 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 PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
FOREST & EINSTEIN STAFFING: Damian Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Forest & Einstein
Staffing, Inc., et al. The case is styled as Danielle Damian, an
individual on behalf of herself and all others similarly situated
v. Forest & Einstein Staffing, Inc., Elizabeth Frome d/b/a The Job
Shop, The Job Shop, Does 1 through 50, Inclusive, Case No.
25CV010817 (Cal. Super. Ct., San Francisco Cty., Aug. 18, 2025).
The case type is stated as "Other Non-Exempt Complaints."
Forest & Einstein Staffing, Inc. is categorized under Temporary
Employment Contractors.[BN]
The Plaintiff is represented by:
Joshua Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino Del Rio South, Suite 308
San Diego, CA 92108
Phone: (866) 219-3343
Fax: (866) 219-8344
Email: josh@swigartlawgroup.com
FOSTER GARVEY: Default Judgment Bid Filing Extended in Celucci
--------------------------------------------------------------
In the class action lawsuit captioned as Cellucci, et al., v.
Foster Garvey, et al., Case No. 4:23-cv-10304 (D. Mass., Filed Feb.
8, 2023), the Hon. Mag. Judge Katherine A. Robertson entered an
order granting the Plaintiff's motion for extension of time to file
motions for Default Judgment against Defaulted Defendants.
The Court says that with the denial of Plaintiff's motion for class
certification, the course of future proceedings is uncertain. In
these circumstances, the Plaintiff's motion is granted.
The Defaulted Defendants include Ana Paula Oliveira, Bank Card
Consultants, Inc., Priority Payout, Corp., Thomas A. Wells, John
Yurick, Andreia B. Moreira, and Amy Rountree in Case No.
4:14-md-02566-NMG. Default entered against the Defaulted Defendants
on June 20, 2023, and Jan. 9, 2024.
The Defendants Ana Paula Oliviera, Bank Card Consultants, Inc.,
Priority Payout, Corp., Thomas A. Wells, John Yurick, and Amy
Rountree have not responded to this motion.
The Defendant Moreira filed an opposition that alleges a settlement
agreement between Plaintiff and Moreira and seeks an investigatory
evidentiary hearing into any use Plaintiff made of statements made
to Plaintiff's counsel by Moreira. Default entered against Moreira
on Jan. 9, 2024.
A party against whom default has entered may not plead or otherwise
participate in a court action unless and until the default is set
aside.
Moreira has not moved to set aside the entry of default against her
and, having failed to do so, cannot seek relief from the court.
Even if Moreira was entitled to seek relief from the court -- and,
as a defendant against whom default has entered, she is not -- she
has not moved to enforce a settlement agreement.
Further, while Moreira's counsel may bring alleged misconduct by
counsel for an opposing party to the court's attention, he is not
entitled to have the court schedule an evidentiary hearing at which
he personally conducts an inquiry into the conduct of opposing
counsel.
Moreira's grounds for opposing the motion to extend the time for
Plaintiff to seek a default judgment against her are not properly
before the court and, in any event, lack merit.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Foster Garvey is a full-service law firm.[CC]
FOX TELEVISION: Cabrera Suit Removed to N.D. California
-------------------------------------------------------
The case captioned as Maximiliano Cabrera, on behalf of himself and
all others similarly situated, and the general public v. FOX
TELEVISION STATIONS, LLC, a Delaware limited liability company; and
DOES 1 through 50, inclusive, Case No. 25CV132673 was removed from
the Superior Court of California, County of Alameda, to the United
States District Court for Northern District of California on Aug.
27, 2025, and assigned Case No. 4:25-cv-07228.
On July 18, 2025, Plaintiff commenced this wage and hour class
action by filing a class action complaint which asserts claims
under the California Labor Code.[BN]
The Defendants are represented by:
David H. Stern, Esq.
Alex E. Spjute, Esq.
Matthew J. Goodman, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of The Stars, Suite 2700
Los Angeles, CA 90067
Phone: 310.820.8800
Facsimile: 310.820.8859
Email: dstern@bakerlaw.com
aspjute@bakerlaw.com
mgoodman@bakerlaw.com
FREEDOM MORTGAGE: Taborda Files FDCPA Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Freedom Mortgage
Corporation. The case is styled as Jhonny Taborda, individually and
on behalf of those similarly situated v. Freedom Mortgage
Corporation, Case No. 1:25-cv-23794-RKA (S.D. Fla., Aug. 22,
2025).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Freedom Mortgage Corporation -- https://www.freedommortgage.com/ --
provide mortgage servicing to homeowners.[BN]
The Plaintiff is represented by:
Scott David Hirsch, Esq.
SCOTT HIRSCH LAW GROUP, PLLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (561) 569-6283
Email: scott@scotthirschlawgroup.com
FUNDAMENTAL ADMINISTRATIVE: Anderson Sues Over Data Breach
----------------------------------------------------------
Virgina Anderson, individually and on behalf of all others
similarly situated v. FUNDAMENTAL ADMINISTRATIVE SERVICES, LLC,
Case No. 1:25-cv-02754-EA (D. Md., Aug. 21, 2025), is brought on
behalf of all persons who entrusted FAS with sensitive Personally
Identifiable Information ("PII") and Protected Health Information
("PHI") (collectively "Private Information") that was impacted in a
data breach discovered on January 20, 2025 that Defendant recently
disclosed to Plaintiff and Class Members.
Its investigation revealed that there was unauthorized access
between October 27, 2024 and January 13, 2025. (the "Data Breach"
or the "Breach"). The Plaintiff's claims arise from Defendant's
failure to properly secure and safeguard Private Information that
was entrusted to them, and their accompanying responsibility to
store and
transfer that information.
Despite FAS's duty to safeguard the Private Information of its
current and previous patients, Plaintiff's and Class Members'
Private Information was compromised in the Data Breach, wherein
there was unauthorized access to FAS's computer systems and files
were copied. The Data Breach occurred in part because of
Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
individuals' Private Information with which it was entrusted for
treatment with Defendant.
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. The Defendant disregarded the rights of Plaintiff
and Class Members by, inter alia, intentionally, willfully,
recklessly, and/or negligently failing to take adequate and
reasonable measures to ensure its data systems were protected
against unauthorized intrusions; failing to disclose that it did
not have adequately robust computer systems and security practices
to safeguard Plaintiff's and Class Members' Private Information;
failing to take standard and reasonably available steps to prevent
the Data Breach; and failing to provide Plaintiff and Class Members
with prompt and timely notice of the Data Breach, says the
complaint.
The Plaintiff is a former patient of Defendant.
FAS is a nationwide health care services company that operates
nursing facilities, long-term acute care hospitals, hospice
agencies and centers for the developmentally disabled.[BN]
The Plaintiff is represented by:
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
FUSED LOGISTICS: Ruiz Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Fused Logistics LLC,
et al. The case is styled as Emmanuel Sandoval Ruiz, individually,
and on behalf of all others similarly situated v. Fused Logistics
LLC, MMG Executives LLC, Michelle Renae Bagalayos, Miguel Angel
Garcia, Case No. STK-CV-UOE-2025-0011657 (Cal. Super. Ct., San
Joaquin Cty., Aug. 21, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Fused Logistics, LLC is an Elite 3rd Party Logistics provider that
was founded with a vision to provide a quality and seamless
customer service experience.[BN]
GARDA CL: Class Settlement in Tanza Suit Has Preliminary Approval
-----------------------------------------------------------------
In the case captioned as Anthony Tanza, Michael S. Bosman, et al.,
on behalf of themselves and all others similarly situated,
Plaintiffs v. Garda CL Atlantic, Inc., Defendant, Case No.
15-CV-4394 (JMA) (AYS) (E.D.N.Y.), Judge Joan M. Azrack of the U.S.
District Court for the Eastern District of New York grants
preliminary approval of the parties' class action settlement.
The Court amended its January 19, 2024 order based on subsequent
events and filings. For good cause shown, the motion for
preliminary approval was granted. The Court preliminarily found
that the proposed Settlement Class meets the requirements of Rule
23(a) and Rule 23(b)(3) of the Federal Rules of Civil Procedure for
settlement purposes only.
The Court certified the following Rule 23 Class: All individuals
who, as of January 23, 2015, were employed by Garda CL Atlantic,
Inc. at its Central Islip, NY branch. The Defendant must provide
the Settlement Administrator with a spreadsheet listing the names
and last known addresses of the Settlement Class Members within 10
days after the date of this Order.
The Court granted approval to Named Plaintiffs Anthony Tanza,
Michael S. Bosman, Gary E. Sobek, Carmela Symanski, Lana Bongiovi,
Jimmy Adkins, Michael Boneta, Dennis Delucie, Albert Velazquez, and
William Shannon to serve as Class Representatives with respect to
the settlement. Named Plaintiffs Charles Engel and Alexander Cioffi
have died, and their claims were dismissed without prejudice to the
rights of their living spouses to receive notice of the settlement
and claim their respective settlement shares.
Named Plaintiffs Fred Smith, Glenny Adon, and Justin Griffin were
proceeding pro se and were unresponsive to counsel's efforts to
contact them. Their claims were dismissed without prejudice to
their right to receive notice of the settlement and claim their
respective settlements. Named Plaintiffs Robert T. Giani, Dieter
Kern, and James Hetti are proceeding pro se and shall be sent
notice of the settlement with the right to claim their respective
settlement shares.
The Court appointed Kyle Pulis of Scott Michael Mishkin, P.C. as
Class Counsel for the Settlement Class. The proposed settlement set
forth in the Agreement was preliminarily approved as modified by
Defendant's April 29, 2025 letter, which consented to amendment of
the release to carve out John Rossi's wage-and-hour claims under
the New York Labor Law. The Agreement appears to be fair,
reasonable and adequate upon preliminary review.
Rust Consulting was approved as the Settlement Administrator. A
Fairness Hearing to consider final approval of the settlement,
attorney's fees, and service awards will be held on December 10,
2025, at Central Islip, New York, 11722. The parties must file a
motion for final approval no later than 14 days before the Fairness
Hearing.
The Notice of Proposed Settlement of Class Action Lawsuit and
Fairness Hearing was approved by the Court. Any Class Member who
does not wish to participate in the settlement may request
exclusion by submitting a signed request that must be postmarked
within 60 days following the initial mailing date.
Class Members who wish to assert objections at the Fairness Hearing
must do so first in writing. Such statements must be signed and
notarized by the objector, include their address and telephone
number, and be received by the Settlement Administrator, Class
Counsel, and Defendant's counsel within 60 days after the Mailing
Date.
The Court preliminarily approved service awards of $1,000 for Named
Plaintiffs Anthony Tanza, Michael S. Bosman, Robert T. Giani, Gary
E. Sobek, Carmela Symanski, Lana Bongiovi, Jimmy Adkins, Michael
Boneta, Dieter Kern, Dennis Delucie, Albert Velazquez, James Hetti,
Charles Engel, Alexander Cioffi, Barry Dubrow (through his Estate),
and William Shannon can seek service awards.
All members of the Settlement Class who do not timely and properly
exclude themselves will be bound by all terms of the Agreement if
finally approved. If 10% or more of the Rule 23 Class members elect
to be excluded, the Defendant has the right to void the Agreement.
All proceedings in this action are stayed until further order of
the Court, except those necessary to carry out the terms of the
Agreement.
A copy of the Court's amended order is available at
https://urlcurt.com/u?l=v2iJ9p from Pacermonitor.com.
GATE GOURMET: Moore Suit Removed to S.D. California
---------------------------------------------------
The case captioned as Lisa Moore, an individual and on behalf of
all others similarly situated v. GATE GOURMET, INC., a Delaware
Stock Corporation, an individual; and DOES 1 through 10, inclusive,
Case No. 25CU037695 was removed from the San Diego Superior Court,
to the United States District Court for Southern District of
California on Aug. 20, 2025, and assigned Case No.
3:25-cv-02156-JES-MMP.
On behalf of herself and the Class, Plaintiff alleges eight causes
of action. They are: failure to pay overtime wages; failure to pay
all wages and minimum wages; failure to provide compliant meal
periods; failure to provide compliant rest periods; failure to
reimburse business expenses; failure to pay all wages owed at
termination; failure to furnish accurate, itemized wage statements;
unfair competition based on the same alleged Labor Code
violations.[BN]
The Defendants are represented by:
Brian Berry, Esq.
Sarah Zenewicz, Esq.
Dominic Sbrocca, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market
Spear Street Tower
San Francisco, CA 94105-1596
Phone: Tel: +1.415.442.1000
Fax: +1.415.442.1001
Email: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
dominic.sbrocca@morganlewis.com
GEMJ CHEBHEAR: B & T Supplies Suit Transferred to S.D. Florida
--------------------------------------------------------------
The case styled as B & T Supplies, Inc. doing business as: B and T
Supply doing business as: Biggest Book.com, et al., individually
and on behalf of those similarly situated v. GemJ Chebhear Grat,
LLC, et al, Case No. 1:23-cv-11241 was transferred from the U.S.
District Court for the Southern District of New York, to the U.S.
District Court for the Southern District of Florida on Aug. 27,
2025.
The District Court Clerk assigned Case No. 1:25-cv-23855-RAR to the
proceeding.
The nature of suit is stated as Racketeer/Corrupt Organization for
Racketeering (RICO) Act.[BN]
The Defendants are represented by:
Bruce Alan Weil, Esq.
Marshall Dore Louis, Esq.
BOIES SCHILLER & FLEXNER
100 SE 2nd Street, Suite 2800
Bank of America Tower
Miami, FL 33131-2144
Phone: (305) 539-8400
Fax: 539-1307
Email: bweil@bsfllp.com
mlouis@BSFLLP.com
- and -
Robert George Keefe, Esq.
U.S. District Court - N.D. Fla.
111 North Adams St.
Tallahassee, FL 32301
Phone: (850) 585-3414
Email: robertkeefe12@gmail.com
GENERAL MOTORS: McKee Suit Removed to D. New Jersey
---------------------------------------------------
The case captioned as Kevin McKee, individually and on behalf of
all others similarly situated v. GENERAL MOTORS COMPANY, Case No.
UNN L 002808 25 was removed from the Superior Court of New Jersey,
Union County, to the United States District Court for District of
New Jersey on Aug. 22, 2025, and assigned Case No. 2:25-cv-14861.
The Plaintiff alleges that the windshield wipers on his vehicle
have an unspecified defect that causes the wipers to intermittently
fail. The Plaintiff alleges that the purported defect also affects
other 2023-2024 model year vehicles and seeks to represent a
putative nationwide class defined as: "All persons in the United
States who purchased or leased a 2023 or 2024 GMC Yukon, GMC Yukon
XL, Chevrolet Tahoe, Chevrolet Suburban, Cadillac Escalade, or
Cadillac Escalade ESV." On behalf of himself and the putative class
and subclass, Plaintiff asserts a single count against GM for
violation of the Magnuson-Moss Warranty Act ("MMWA"). The Plaintiff
seeks "all remedies permitted under the MMWA, including actual
damages, equitable relief, and attorneys' fees."[BN]
The Defendants are represented by:
Thomas C. Regan, Esq.
Brian C. Deeney, Esq.
LEWIS BRISBOIS BISGAARD & SMITH
One Riverfront Plaza, Suite 800
Newark, NJ 07102
Phone: 973-577-6260
Email: Thomas.Regan@lewisbrisbois.com
Brian.Deeney@lewisbrisbois.com
- and -
Krista L. Lenart, Esq.
DYKEMA GOSSETT PLLC
2723 South State Street, Suite 400
Ann Arbor, MI 48104
Phone: 734-214-7660
Email: KLenart@dykema.com
- and -
Eric C. Tew, Esq.
DYKEMA GOSSETT PLLC
1301 K Street, N.W., Suite 1100 West
Washington, D.C. 20005
Phone: 202-906-8629
Email: etew@dykema.com
GIVENCHY CORPORATION: Dalton Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Givenchy Corporation, Case No. 0:25-cv-03380-PJS-JFD
(D. Minn., Aug. 27, 2025), is brought arising because Defendant's
Website (www.givenchy.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers clothing and accessories for sale including,
but not limited to, tops, bottoms, dresses, jackets, shoes,
handbags 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
GOETTL HOME SERVICES: Burciaga Sues Over Failure to Pay Overtime
----------------------------------------------------------------
Felipe Burciaga, on behalf of himself and all others similarly
situated v. GOETTL HOME SERVICES, LLC d/b/a GOETTL AIR CONDITIONING
AND PLUMBING, Case No. 3:25-cv-00443 (D. Nev., Aug. 21, 2025), is
brought against the Defendant's Failure to Pay Overtime in
Violation of the Fair Labor Standards Act ("FLSA").
Throughout his employment, Plaintiff regularly worked more than 40
hours in a workweek without pay for all of his overtime hours. For
example, during each of the weeks of February 6, 2022, March 20,
2022 and April 17, 2022, Plaintiff worked in excess of 40 hours (at
least 60 or more hours), five to ten hours each week of which were
without compensation, says the complaint.
The Plaintiff was employed by Defendant as a Technician in Vista,
California.
Goettl is a provider of HVAC and plumbing services.[BN]
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK
325 W. Liberty Street
Reno, Nevada 89501
Phone: (775) 284-1500
Fax. (775) 703-5027
Email: josh@thiermanbuck.com
leah@thiermanbuck.com
- and -
Gregg I. Shavitz, Esq.
Paolo Meireles, Esq.
Tamra Givens, Esq.
SHAVITZ LAW GROUP, P.A.
622 Banyan Trail, Suite 200
Boca Raton, FL 33431
Phone: (561) 447-8888
Email: gshavitz@shavitzlaw.com
pmeireles@shavitzlaw.com
tgivens@shavitzlaw.com
GOOD SPORT: Faces Hampton Suit Over Blind-Inaccessible Website
--------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated Plaintiff v. The Good Sport, Inc., d/b/a The Backpacker,
Defendant, Case No. 1:25-cv-09956 (N.D. Ill., August 20, 2025) is a
civil rights action against The Good Sport for its failure to
design, construct, maintain, and operate its website,
https://backpackeroutdoors.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 June 12, 2025, the Plaintiff began her online search for
retailers that specialized in outdoor apparel and came to a post
linked directly to Defendant's website. Curious, she accessed the
website and tried to explore their offerings. However, as she tried
to browse and navigate through the website, she encountered
numerous accessibility barriers.
The Plaintiff 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,
inadequate focus order, ambiguous link texts, unclear labels for
interactive elements, inaccessible drop-down menus, and the
requirement that transactions be performed solely with a mouse,
added the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in The
Good Sport'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.
The Good Sport, Inc., d/b/a The Backpacker, operates the website
that offers a variety of apparel, footwear, accessories, camping
equipment, travel gear, and backpacks.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Office: (844) 731-3343
Cellphone: (630) 478-0856
E-mail: Dreyes@ealg.law
GRUNT STYLE: Hennessy Files TCPA Suit in W.D. Texas
---------------------------------------------------
A class action lawsuit has been filed against Grunt Style, LLC. The
case is styled as Michael Hennessy, individually and on behalf of
all others similarly situated v. Grunt Style, LLC, Case No.
5:25-cv-01032 (W.D. Tex., Aug. 21, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Grunt Style, LLC -- https://www.gruntstyle.com/ -- aims to deliver
the highest quality, most patriotic apparel on the planet.[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
HCC SERVICE: Callejas Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Emely Callejas, individually, and on behalf
of other similarly situated employees v. HCC SERVICE COMPANY, INC.;
and DOES 1 through 25, inclusive, Case No. 25STCV20879 was removed
from the Superior Court of the State of California, County of Los
Angeles, to the United States District Court for Central District
of California on Aug. 22, 2025, and assigned Case No.
2:25-cv-07951.
In the Complaint, Plaintiff asserts the following nine causes of
action: Failure to Pay Minimum Wages; Failure to Pay Overtime
Wages; Meal Break Violations; Rest Break Violations; Untimely Paid
Wages; Wage Statement Violations; Untimely Final Wages; Failure to
Reimburse Necessary Business Expenses; and Unfair Business
Practices.[BN]
The Defendants are represented by:
Mia Farber, Esq.
Andrea F. Oxman, Esq.
Trevor R. Witt, Esq.
Sawyer C. Stephens, 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: Mia.Farber@jacksonlewis.com
Andrea.Oxman@jacksonlewis.com
Trevor.Witt@jacksonlewis.com
Sawyer.Stephens@jacksonlewis.com
HEALTHCARE SERVICES: Hall Files Suit in E.D. Pennsylvania
---------------------------------------------------------
A class action lawsuit has been filed against Healthcare Services
Group, Inc. The case is styled as Mark Hall, individually and on
behalf of all others similarly situated v. Healthcare Services
Group, Inc., Case No. 2:25-cv-04908 (E.D. Pa., Aug. 27, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Healthcare Services Group (HCSG) -- https://www.hcsgcorp.com/ -- is
an experienced leader in managing housekeeping, laundry, dining,
and nutritional services within the healthcare industry.[BN]
The Plaintiff is represented by:
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Ste. 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
HELMS ORGANIC LLC: Gonzalez Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Helms Organic LLC.
The case is styled as Jose L. Gonzalez, on behalf of himself and
others similarly situated v. Helms Organic LLC, Case No.
25STCV25209 (Cal. Super. Ct., Los Angeles Cty., Aug. 27, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Helms Organic LLC doing business as Happsy -- https://happsy.com/
-- offers more natural, non-toxic mattress that goes beyond the
strictest organic mattress standards.[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
HELPLINE YOUTH COUNSELING: Mayers Files Suit in Cal. Super. Ct.
---------------------------------------------------------------
A class action lawsuit has been filed against Helpline Youth
Counseling, Inc., et al. The case is styled as Kennethia Queshia
Mayers, individually, and on behalf of other similarly situated
employees v. JVS SOCAL, Case No. 25STCV24359 (Cal. Super. Ct., Los
Angeles Cty., Aug. 18, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Helpline Youth Counseling, Inc. (HYC) -- https://www.hycinc.org/ --
has eliminated barriers to self-sufficiency by empowering Southeast
Los Angeles and Long Beach youth and families Since 1971.[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
HHS ENVIRONMENTAL: Osting Seeks Proper Premium Wages Under FLSA
---------------------------------------------------------------
ANGELA OSTING, individually and on behalf of all others similarly
situated v. HHS ENVIRONMENTAL SERVICES, LLC, a Texas limited
liability company a/k/a Hospital Housekeeping Systems, LLC, Case
No. 1:25-cv-01333 (W.D. Tex., Aug. 21, 2025) seeks to recover
unpaid overtime compensation, liquidated damages, attorney's fees,
costs, and other relief as appropriate under the Fair Labor
Standards Act.
Throughout the Plaintiff's employment with the Defendant, the
Defendant failed to properly calculate the Plaintiff's premium pay
and other non-discretionary remuneration in the regular rate for
proper overtime rate calculation, asserts the suit.
The Plaintiff was employed by the Defendant from June 5, 2024
through April 10, 2025.
The Defendant is headquartered in Dripping Springs, Texas, and
employs thousands of hourly employees in numerous states throughout
the United States.[BN]
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
HIGH 5: Faces Peach Class Suit Over Illegal Online Gambling
-----------------------------------------------------------
BRADLEY PEACH, individually and on behalf of all others similarly
situated v. HIGH 5 ENTERTAINMENT, LLC, Case No. 4:25-cv-00848-KGB
(E.D. Ark., Aug. 21, 2025) seeks damages, declaratory, injunctive,
and equitable relief individually on behalf of the other Class
members, each of whom are Arkansas residents who have paid and lost
money or other things of value on High5casino.com.
High5 owns and operates a popular, internet-based casino website
called www.Highcasino.com.
Accordingly, gambling is heavily regulated and mostly outlawed in
Arkansas. Yet High5casino.com is accessible and operational in
Arkansas. High 5 does not operate to promote or market another
product or service; High5casino.com is the product or service,
asserts the suit.
High5casino.com operates indefinitely and not for a fixed period of
time.[BN]
The Plaintiff is represented by:
C Tab Turner, Esq.
TURNER & ASSOCIATES, P.A
4705 Somers Ave., Suite 100
North Little Rock, AR 72116
Telephone: (501) 791-2277
Facsimile: (501) 791-1251
E-mail: Tab@tturner.com
- and -
W. Daniel "Dee" Miles, III, Esq.
James Mitchell "Mitch" Williams, Esq.
Dylan Martin, Esq.
Trent Mann, Esq.
BEASLEY, ALLEN, CROW, METHVIN,
PORTIS & MILES, P.C.
272 Commerce Street
Post Office Box 4160
Montgomery, AL 36103-4160
Telephone: (334) 269-2343
Facsimile: (334) 954-7555
E-mail: dee.miles@beasleyallen.com
mitch.williams@beasleyallen.com
dylan.mat1in@beasleyallen.com
Trent.mann@beasleyallen.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street 5th Floor# 1520
Boston, MA 02116
Telephone: (617) 377-4704 -
Facsimile: (888) 410-0415
E-Mail: joel@skclassactions.com
HOMEBOT INC: Frost Sues Over Blind-Inaccessible Website
-------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Homebot, Inc., Case No. 0:25-cv-03365-ECT-LIB
(D. Minn., Aug. 25, 2025), is brought arising because the
Defendant's Website (buyers.homebotapp.com) is not fully and
equally accessible to people who are blind or who have low vision
in violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act (the "ADA") and
the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and have been legally blind and are therefore
disabled.
The Defendant offers a homeownership online platform for loan
officers, real estate agents, banks, and more, which provide
services, including but not limited to, financial insights,
mortgage rate information, homeownership resources and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
HORMEL FOODS: Lenway Suit Removed to D. Minnesota
-------------------------------------------------
The case captioned as Daniel Lenway, Dalia Cruz Ayala, Juan Cruz
Gastelum, and Jason Novak, individually and on behalf of those
similarly situated v. Hormel Foods Corporation, Case No.
50-CV-25-1464 was removed from the Third Judicial District Court,
Mower County, Minnesota, to the United States District Court for
District of Minnesota on Aug. 20, 2025, and assigned Case No.
0:25-cv-03320.
The Plaintiffs' claim under Minnesota's ESST statutes presents a
federal question because it is completely preempted by the Labor
Management Relations Act ("LMRA").[BN]
The Defendant is represented by:
Samantha M. Rollins Murphy, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
Avery Brooks Bennett #0504041
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
Phone: (612) 766-7000
Fax: (612) 766-1600
Email: Samantha.murphy@Faegredrinker.com
Avery.bennett@Faegredrinker.com
HUNTER WARFIELD: Seeks More Time to File Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as Andrew Blizzard, et al.,
v. Hunter Warfield, Inc., et al., Case No. 1:23-cv-03374-ABA (D.
Md.), the Defendants ask the Court to enter an order extending the
response deadline to:
-- respond to the Plaintiffs' motion to certify classes,
-- appoint the Plaintiffs as class representatives, and
-- appoint class counsel by three (3) weeks until Sept. 11, 2025.
On Aug. 7, 2025, the Plaintiffs filed a motion to certify classes
against defendants, appoint named plaintiffs as class
representatives, and appoint class counsel.
Hunter is a third-party debt collection company.
A copy of the Defendants' motion dated Aug. 21, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MS3W0V at no extra
charge.[CC]
The Defendants are represented by:
Joseph Mack, Esq.
THE LAW OFFICES OF JOSEPH S. MACK
Baltimore, MD 21209
Telephone: (443) 423-0464
E-mail: joseph@macklawonline.com
- and -
Ingmar Goldson, Esq.
THE GOLDSON LAW OFFICE
1 Research Court, Suite 450
Rockville, MD 20850
Telephone: (240) 780-8829
E-mail: igoldson@goldsonlawoffice.com
- and -
Matthew W. Fogleman, Esq.
2200 Research Boulevard, Suite 560
Rockville, MD 20850
Telephone: (301) 424-7490
Facsimile: (301) 424-7470
E-mail: mfogleman@roncanterllc.com
HUNTINGTON HOSPITALITY: Richards Sues Over Unprotected Info
-----------------------------------------------------------
DAMON RICHARDS, individually and on behalf of all others similarly
situated v. HUNTINGTON HOSPITALITY FINANCIAL CORPORATION d/b/a
HUNTINGTON HOTEL GROUP, Case No. 3:25-cv-02254-N (N.D. Tex., Aug.
21, 2025) is a class action against HHG for its failure to properly
secure and safeguard Plaintiff's and other similarly situated
individuals personally identifying information, including names and
Social Security numbers.
According to the complaint, by collecting, storing, and maintaining
Plaintiff's and Class Members' Private Information, HHG has a
resulting 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 HHG's duty to safeguard the Private Information of
Plaintiff and Class Members, their Private Information in
Defendant's possession was compromised when an unauthorized party
gained access to Defendant's data storage network and exfiltrated
sensitive data stored therein on or about December 12, 2024.
The Data Breach occurred when cybercriminals infiltrated
Defendant's inadequately protected network servers and accessed
highly sensitive PII that was being kept.
After HHG discovered the Data Breach in December 2024, it conducted
an investigation which determined that some data may have been
acquired on Dec. 12, 2024.
While Defendant claims to have discovered the breach as early as
December 12, 2024, Defendant did not conclude its investigation
into the Data Breach until July 18, 2025.
The Defendant did not inform victims of the Data Breach until July
31, 2025. Indeed, the Plaintiff and Class Members were wholly
unaware of the Data Breach until they received letters from
Defendant informing them of it, asserts the suit.
The Plaintiff and Class Members are individuals who were required
to indirectly and/or directly provide Defendant with their Private
Information.
Huntington Hotel Group is a hotel management and development
company that owns, operates, and manages hospitality properties
across the United States.[BN]
The Plaintiff is represented by:
Emil Lippe, Jr., Esq.
LAW OFFICES OF LIPPE & ASSOCIATES
Park Place at Turtle Creek
2911 Turtle Creek Blvd., Suite 1250
Dallas, TX 75219-6212
Telephone: (214) 855-1850
E-mail: emil@texaslaw.com
- and -
Gerald D. Wells, III, Esq.
Stephen E. Connolly, Esq.
LYNCH CARPENTER, LLP
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: jerry@lcllp.com
steve@lcllp.com
HURLEY INTERNATIONAL: McCarty Files Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Hurley International
LLC, et al. The case is styled as Kyle McCarty, on behalf of
himself and all others similarly situated v. Hurley International
LLC, Does 1-50, inclusive, Case No. 3:25-cv-02117-JO-SBC (S.D.
Cal., Aug. 18, 2025).
The nature of suit is stated as Other Fraud.
Hurley, Inc. -- https://www.hurley.com/ -- is an American company
that sells clothes and accessories marketed towards surfing and
swimming.[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
HYATT CORPORATION: Corners Suit Removed to S.D. California
----------------------------------------------------------
The case captioned as Christopher Corners, individually and on
behalf of others similarly situated v. HYATT CORPORATION dba PARK
HYATT AVIARA, a Delaware Corporation; and DOES 1 through 50,
inclusive, Case No. 25CU038008C was removed from the Superior Court
of California for the County of San Diego, to the United States
District Court for Southern District of California on Aug. 22,
2025, and assigned Case No. 3:25-cv-02176-H-SBC.
The Plaintiff alleges wage and hour claims on behalf of himself and
a "Class" of California individuals, which Plaintiff defines as
"all current and former non-exempt employees of any of the
Defendants within the State of California at any time commencing 4
years preceding the filing of Plaintiff's complaint up until the
time that notice of the certified class action is provided to the
class."[BN]
The Defendants are represented by:
Brian P. Long, Esq.
SEYFARTH SHAW LLP
601 South Figueroa Street, Suite 3300
Los Angeles, CA 90017-5793
Phone: (213) 270-9600
Facsimile: (213) 270-9601
Email: bplong@seyfarth.com
- and -
Michael Afar, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: mafar@seyfarth.com
HYDROMAX USA LLC: Hill Suit Removed to W.D. Washington
------------------------------------------------------
The case captioned as Jeffrey Hill, individually and on behalf of
all others similarly situated v. HYDROMAX USA LLC, a foreign
limited liability company, and DOES 1-20, as yet unknown Washington
entities, Case No. 25-2-21725-6 SEA was removed from the Superior
Court of Washington for King County, to the United States District
Court for Western District of Washington on Aug. 25, 2025, and
assigned Case No. 2:25-cv-01621.
The Plaintiff alleges that he seeks “statutory damages of $5,000
to Plaintiff and each Class member” and “attorneys’ fees and
costs pursuant to pursuant to RCW 49.58.070 and RCW
49.58.110.”[BN]
The Defendants are represented by:
Paul J. Bruene, Esq.
BAKER & HOSTETLER LLP
999 Third Avenue, Suite 3900
Seattle, WA 98104-4076
Phone: 206.332.1380
Email: pbruene@bakerlaw.com
INOTIV INC: Doyal Sues Over Failure to Safeguard PII & PHI
----------------------------------------------------------
Laramie Doyal, individually and on behalf of all others similarly
situated v. INOTIV, INC., Case No. 4:25-cv-00046 (N.D. Ind., Aug.
21, 2025), is brought against Defendant for its failure to properly
secure information and safeguard Plaintiff's and Class Members'
sensitive personally identifiable ("PII" or "Private Information")
and protected health information ("PHI" and collectively with
"PII", "Private Information") that was, upon information belief,
compromised in a cyber incident (the "Data Breach").
The Defendant collects and maintains the sensitive, non-public
Private Information of individuals, including Plaintiff and Class
Members, as part of its regular business activities. 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 individuals' 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.
As a result of Defendant's inadequate security and breach of its
duties and obligations, the Data Breach occurred, and Plaintiff's
and Class members' Private Information was accessed and disclosed.
This action seeks to remedy these failings and their consequences.
Plaintiff brings this action on behalf of himself and all persons
whose Private Information was exposed as a result of the Data
Breach, says the complaint.
The Plaintiff and Class Members provided their Private Information
to Defendant.
The Defendant is a contract research organization that provides a
comprehensive range of scientific services to support the discovery
and nonclinical development of new drugs, medical devices, and
other chemicals.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
INOTIV INC: Fails to Secure Personal, Health Info, Merrell Says
---------------------------------------------------------------
EMILY MERRELL, individually and on behalf of all others similarly
situated v. INOTIV, INC., Case No. 4:25-cv-00047 (N.D. Ind., Aug.
25, 2025) is a class action lawsuit on behalf of all persons who
entrusted the Defendant with sensitive Personally Identifiable
Information and Protected Health Information that was impacted in a
data breach that the Defendant publicly disclosed in August 2025.
The Plaintiff's claims arise from the 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.
On Aug. 8, 2025, the Defendant became aware of a cybersecurity
incident that encrypted certain elements of its IT Network.
Accordingly, the Defendant launched an investigation to determine
the nature and scope of the Data Breach. Qilin, a ransomware group,
accessed Defendant's IT network and stole 176 gigabytes of data.
Additionally, Qilin claims to have stolen around 162,000 of
Defendant's files and published and/or made available for purchase
the Plaintiff and Class Members' Private Information on the dark
web.
On Aug. 8, 2025, the Defendant issued a public disclosure through
Form 8-k to the United States Securities and Exchange Commission.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect individuals' Private Information
with which it was entrusted for research operations with Defendant,
says the suit.
INOTIV, INC is a contract research organization for drug discovery
and nonclinical development.[BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
E-mail: ltoops@cohenmalad.com
athomas@cohenmalad.com
- and -
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
INTERNATIONAL PAPER: Sermeno Suit Removed to C.D. California
------------------------------------------------------------
The case captioned as Josue Sermeno, on behalf of himself and
others similarly situated v. INTERNATIONAL PAPER COMPANY, and DOES
1 to 100, inclusive, Case No. 30-2025-01499068-CU-OE-CXC was
removed from the Superior Court of the State of California, County
of Orange, to the United States District Court for Central District
of California on Aug. 26, 2025, and assigned Case No.
8:25-cv-01892.
The Complaint purports to assert six categories of labor code and
wage order violations against IP on a class-wide basis, stemming
from the employment of Plaintiff and the putative class members.
Specifically, the Complaint alleges causes of action under the
California Labor Code and Business and Professions Code for:
failure to pay minimum wages; failure to provide meal periods;
failure to authorize and permit rest breaks; failure to provide
complete and accurate wage statements; failure to timely pay final
wages at termination; and unfair business practices.[BN]
The Defendants are represented by:
Aaron F. Olsen, Esq.
Alexander A. Schindler, Esq.
Jeffrey M. Nellis, Esq.
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, CA 92121
Phone: (858) 597-9600
Facsimile: (858) 597-9601
Email: aolsen@fisherphillips.com
aschindler@fisherphillips.com
jnellis@fisherphillips.com
INTREPID POTASH: Continues to Defend Wage & Hour Suit in New Mexico
-------------------------------------------------------------------
Intrepid Potash, Inc., disclosed in a Form 10-Q for the quarterly
period ended June 30, 2025 filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against the
wage class action lawsuit pending in a New Mexico Court.
"On November 6, 2024, we were served with a class action lawsuit
filed in federal district court in New Mexico. The suit alleges
that Intrepid and Intrepid Potash-New Mexico, LLC violated the New
Mexico Minimum Wage Act by failing to properly compensate employees
for putting on and removing personal protective equipment. The
complaint seeks all unpaid wages for putting on and removing PPE
for all class members, which is alleged to exceed $5.0 million. The
lawsuit is still in the early stages and we are vigorously
defending against the claims. We have not recorded a loss
contingency related to this matter," the Company stated.
IOVANCE BIOTHERAPEUTICS: Continues to Defend Securities Suits
-------------------------------------------------------------
Iovance Biotherapeutics, Inc., disclosed in a Form 10-Q Report for
the quarterly period ended June 30, 2025 filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the securities class action lawsuit filed with the
United States District Court for the Northern District of
California.
On May 15, 2025, two putative securities class actions were filed
in the United States District Court for the Northern District of
California, captioned Sundaram v. Iovance Biotherapeutics, Inc., et
al., No. 25-cv-04177 and Farberov v. Iovance Biotherapeutics, Inc.,
et al., No. 25-cv-04199, naming the Company and certain of the
Company's officers as defendants.
The complaints purport to assert claims against the defendants
under Section 10(b) of the Securities Exchange Act of 1934, SEC
Rule 10b-5, and Section 20(a) of the 1934 Act. The Sundaram action
is on behalf of persons or entities who acquired the Company's
common stock between August 8, 2024 and May 8, 2025, and the
Farberov action is on behalf of persons or entities who acquired
the Company's common stock between May 9, 2024 and May 8, 2025.
Each putative class action arises out of the Company's quarterly
disclosure of financial results on May 8, 2025, and the decline in
the price of the Company's common stock the following day, and
involve allegations that during the respective class periods,
defendants made materially false and misleading statements
regarding the Company's expected revenue for fiscal year 2025,
which the plaintiffs claim artificially inflated the price of the
Company's common stock. The actions seek compensatory damages and
costs and expenses incurred in the actions, including attorneys'
fees.
J.B. HUNT: 9th Cir.. Affirms Win in Driver Pay Class Action
-----------------------------------------------------------
In the case captioned as Willie Williams, LaDon Cline, and Paul
Contreras, on behalf of themselves and all others similarly
situated, Plaintiffs-Appellants, v. J.B. Hunt Transport, Inc., an
Arkansas corporation, Defendant-Appellee, Nos. 24-933, 24-2970 (9th
Cir.), the United States Court of Appeals for the Ninth Circuit
affirmed the district court's judgment in favor of J.B. Hunt
Transport, Inc., in a wage and hour putative class action brought
by former employees alleging that the company's compensation scheme
violated the California Labor Code.
Plaintiffs are three California-based truck drivers who were
employed by J.B. Hunt beginning in 2019. In July 2020, they filed a
putative class action against J.B. Hunt in the Superior Court of
California, alleging failure to pay all wages for non-driving time
in violation of Sections 1194, 1196, and 226.2; failure to provide
meal breaks in violation of Sections 226.7, 512, and 558; failure
to provide rest breaks in violation of Section 226.7; failure to
indemnify for all necessary expenditures in violation of Section
2802; failure to issue accurate itemized wage statements in
violation of Sections 226(a), 226(b), and 226(e); late pay and
waiting time penalties in violation of Sections 200-03; and
unlawful and/or unfair business practices in violation of
California's Unfair Competition Law (UCL).
The case centered on J.B. Hunt's Driver Pay Plan implemented in
December 2018. Under this compensation scheme, employees were paid
on neither a pure hourly basis nor a pure piece-rate basis. Rather,
employees received hourly pay for all hours worked from the start
of the day to the end of the day, including time spent on pre-route
and post-route paperwork, pre-trip and post-trip inspections,
fueling, and training activities. Then, on top of hourly pay,
employees were paid an activity-based bonus amount.
The Driver Pay Plan operated according to a specific formula:
"Hourly Pay + Activity-Based Bonus Amount = Total Compensation."
However, J.B. Hunt's "activity-based bonus amount" was not simply
the sum of all eligible activity pay. Rather, J.B. Hunt calculated
its "activity-based bonus amount" by subtracting hourly pay from
total eligible activity pay (the raw sum of all eligible activity
pay.
The calculation worked as follows: Total Eligible Activities -
Hourly Pay = Activity-Based Bonus Amount. When the difference
between total eligible activity pay and hourly pay was negative --
meaning hourly pay was higher than total eligible activity pay --
then J.B. Hunt simply paid the employee their hourly pay and no
additional bonus for that pay period.
The district court denied Plaintiffs' motion for summary judgment
in its entirety and granted summary judgment to J.B. Hunt on all
causes of action except the cause of action for reimbursement under
Section 2802 and the UCL and PAGA claims predicated on that cause
of action. The court found that the Driver Pay Plan was lawful and
qualified for the safe harbor of Section 226.2(a)(7) because it
always paid Plaintiffs at least the minimum wage for all hours
worked in addition to compensating them on a piece-rate basis for
certain eligible activities.
The remaining claims proceeded to trial, where the district court
bifurcated the trial, with the first phrase to be focused on the
Section 2802 claim and held in front of a jury and the second
phase, if necessary, to be focused on the UCL and PAGA claims and
to be held in front of the court. After three days of trial, the
jury returned a verdict in favor of J.B. Hunt.
The Court of Appeals addressed Plaintiffs' primary argument that
the Driver Pay Plan violated California Labor Code Section 226.2.
Circuit Judge Milan D. Smith, Jr. held that the Driver Pay Plan
qualified for the safe harbor of Section 226.2(a)(7), which
requires that an employer "pays an hourly rate of at least the
applicable minimum wage for all hours worked" in addition to paying
any piece-rate compensation.
The Appeals Court rejected Plaintiffs' argument that the
compensation scheme was really a piece-rate scheme improperly
masquerading as a hybrid scheme. The Court stated: Rather, the
scheme initially pays for all hours worked and then adds any
applicable bonus compensation on top of that hourly pay. Nothing in
Section 226.2 prohibits an employer from paying an hourly wage of
at least the minimum wage and then adding bonus pay based on a
formula that considers hours worked in addition to paying any
piece-rate compensation.
The Appeals Court emphasized that J.B. Hunt paid its employees an
hourly wage for "all hours worked," whether or not those hours were
"productive" or "nonproductive." It then supplemented that pay --
when employees were eligible -- with a piece-rate-based bonus.
Regarding Plaintiffs' claims for unpaid off-the-clock work, the
Court affirmed the district court's grant of summary judgment. The
court found "Plaintiffs failed to raise a genuine dispute of
material fact as to the second element: whether J.B. Hunt knew or
should have known that Plaintiffs were performing such
off-the-clock work."
The Appeals Court noted that under California law:
"[a] plaintiff may establish liability for an off-the-clock claim
by proving that
(1) He performed work for which he did not receive
compensation;
(2) That defendants knew or should have known that plaintiff
did so; but that
(3) the defendants stood idly by."
Jimenez v. Allstate Ins. Co., 765 F.3d 1161, 1165 (9th Cir.
2014)(quoting Adoma v. Univ. of Phoenix, Inc., 270 F.R.D. 543,548
(E.D. Cal. 2010))
The Appeals Court concluded that Plaintiffs' speculation that J.B.
Hunt could have compared PeopleNet log-in/log-out times with
Plaintiffs' overall time spent working is insufficient to
demonstrate that J.B. Hunt should have known that such
off-the-clock work was occurring.
The Appeals Court affirmed the district court's grant of summary
judgment on the wage statement claims under Section 226. The court
found that for the same reasons detailed above, Plaintiffs' claims
on this ground fall at the second hurdle: they cannot show that any
wage statement violations as to total hours worked were "knowing
and intentional."
The Court of Appeals reviewed several trial court evidentiary
rulings and found no abuse of discretion. The Appeals Court held
that the district court did not abuse its discretion by improperly
limiting evidence, testimony, and argument as to Plaintiffs'
individual claims; by excluding evidence that J.B. Hunt changed its
reimbursement policy; or by failing to provide adequate jury
instructions.
Regarding the exclusion of evidence about other drivers' cell phone
use, the Appeals Court stated: "It was not illogical for the
district court to determine that allowing evidence of J.B. Hunt's
potential liability as to other drivers would have confused the
jury as to the precise issue it needed to decide."
The court also upheld the exclusion of evidence regarding J.B.
Hunt's policy change after the lawsuit was filed, noting that under
Rule 407, evidence of subsequent remedial measures is not
admissible to prove culpable conduct.
Finally, the Appeals Court affirmed the district court's award of
costs to J.B. Hunt. The court held that the district court did not
abuse its discretion by awarding costs to J.B Hunt following the
district court's denial of the parties' cross-motions to retax.
The court found that all the depositions were reasonably necessary
for trial preparation, given that all the people deposed testified
at trial and several were cross-examined about their testimony for
impeachment purposes. Therefore, the depositions were necessarily
obtained for use in the case" within the meaning of federal law.
The Court of Appeals concluded: "The district court did not err in
granting partial summary judgment to J.B. Hunt. Nor did it abuse
its discretion as to its evidentiary rulings and its formulation of
the jury instructions. Finally, it did not abuse its discretion in
awarding costs to J.B. Hunt. We therefore affirm.
A copy of the Court of Appeals Judgment is available at
https://urlcurt.com/u?l=4GFwr4 from PacerMonitor.com
JEG'S AUTOMOTIVE: Meyer Files TCPA Suit in S.D. Ohio
----------------------------------------------------
A class action lawsuit has been filed against Jeg's Automotive,
Inc. The case is styled as Melissa Meyer, individually and on
behalf of all others similarly situated v. Jeg's Automotive, Inc.,
Case No. 2:25-cv-00974 (S.D. Ohio, Aug. 27, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
JEGS High Performance -- https://www.jegs.com/ -- is the second
largest mail order company of automotive equipment in the United
States.[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
JERRY HOSTETTER: Batman Investments Files Suit in E.D. Pennsylvania
-------------------------------------------------------------------
A class action lawsuit has been filed against Jerry Hostetter, et
al. The case is styled as Batman Investments LLC, individually and
on behalf of all others similarly situated v. Jerry Hostetter, Mir
Jafer Ali Joffrey also known as: Buck Joffrey, Randall Leaman,
David Zook, Case No. 5:25-cv-04911 (E.D. Pa., Aug. 27, 2025).
The nature of suit is stated as Other Fraud for Class Action
Fairness Act of 2005.[BN]
The Plaintiff is represented by:
Alex E. Rogers, Esq.
425 New Commerce Boulevard
Wilkes-Barre, PA 18706
Phone: (570) 262-8250
Fax: (570) 824-7845
Email: arogers@bedwickandjones.com
JT THORPE INDUSTRIAL: Ceja Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Julio Cesar Diaz Ceja aka Antonio Gomez,
individually, and on behalf of all others similarly situated v. JT
THORPE INDUSTRIAL, INC.; and DOES 1 through 10, inclusive, Case No.
25STCV16779 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for Central District of California on Aug. 22, 2025, and
assigned Case No. 2:25-cv-07949.
The Complaint asserts the following eight causes of action: Failure
to Pay Minimum Wages; Failure to Pay Overtime Compensation; Failure
to Provide Meal Periods; Failure to Authorize and Permit Rest
Breaks; Failure to Indemnify Necessary Business Expenses; Failure
to Timely Pay Final Wages at Termination; Failure to Provide
Accurate Itemized Wage Statements; and Unfair Business
Practices.[BN]
The Defendants are represented by:
Ian G. Robertson, Esq.
LITTLER MENDELSON, P.C.
18565 Jamboree Road, Suite 800
Irvine, CA 92612
Phone: 949.705.3000
Facsimile: 949.724.1201
Email: irobertson@littler.com
- and -
Alexandria Rafizadeh, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Facsimile: 800.715.1330
Email: awitte-rafizadeh@littler.com
JURA INC: Website Inaccessible to the Blind, Knowles Alleges
------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all other persons
similarly situated v. JURA, INC, Case No. 1:25-cv-07092 (S.D.N.Y.,
Aug. 27, 2025) sues the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://shopjura.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, pursuant to the Americans with Disabilities Act.
By failing to make its Website available in a manner compatible
with computer screen reader programs, the 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
suit.
The Defendant operates the Shop Jura online retail store, as well
as the Shop Jura 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 PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
KEYCORP: Mendez Suit Removed to W.D. Washington
-----------------------------------------------
The case captioned as Maryori Garcia Mendez, individually and on
behalf of all others similarly situated v. KEYCORP, a foreign
profit corporation; KEYBANK NATIONAL ASSOCIATION, a foreign profit
corporation; and DOES 1-20, as yet unknown Washington entities,
Case No. 25-2-21548-2 SEA was removed from the Superior Court for
the State of Washington in and for King County, to the United
States District Court for Western District of Washington on Aug.
27, 2025, and assigned Case No. 2:25-cv-01646.
The Complaint asserts claims on behalf of the following putative
class (the "Class"): All current and former employees of [Key] who
worked in Washington and earned less than twice the applicable
state minimum hourly wage from July 24, 2022, through the date of
certification of the Class. On behalf of themselves and the Class,
Ms. Garcia seeks $5,000 in statutory damages per putative class
member, based on an alleged restriction from having additional
jobs, supplementing their income by working for another employer,
working as an independent contractor, or being self-employed,
purportedly in violation of RCW 49.62.070.[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 St., Suite 1100
Seattle, WA 98101
Phone: 206.442.9106
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
The Defendants are represented by:
Adam T. Pankratz, Esq.
Lauren Titchbourne, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1201 Third Avenue, Suite 5150
Phone: 206-693-7057
Fax: 206-876-5309
Email: adam.pankratz@ogletree.com
lauren.titchbourne@ogletree.com
KING LASIK INC: Franky Files TCPA Suit in W.D. Washington
---------------------------------------------------------
A class action lawsuit has been filed against King Lasik, Inc. P.S.
The case is styled as Meghan Franky, individually and on behalf of
all others similarly situated v. King Lasik, Inc. P.S., Case No.
2:25-cv-01633 (W.D. Wash., Aug. 26, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
King LASIK -- https://www.kinglasik.com/ -- is the Top Laser Eye
Surgery Center serving the Seattle and Portland Areas at affordable
prices and with unmatched experience of LASIK surgeons.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
KRAFT HEINZ: Horne Sues Over Mislabeled Turkey Bacon Products
-------------------------------------------------------------
STEVEN HORNE, on behalf of himself and all others similarly
situated v. THE KRAFT HEINZ COMPANY, Case No. 6:25-cv-01630 (M.D.
Fla., Aug. 25, 2025) seeks to address the alleged deceptive and
misleading business practices of Kraft regarding the manufacturing,
marketing, and sale of its Turkey Bacon Products, both within the
state of Florida and throughout the United States.
According to the complaint, the Defendant has inadequately and
misleadingly labeled and marketed its Products to reasonable
consumers, including the Plaintiff, by failing to disclose on the
packaging that the Products may be contaminated with Listeria
monocytogenes:
-- 12-oz. Vacuum-packed packages of "Oscar Mayer Turkey BACON
ORIGINAL" and universal product code (UPC) "071871548601"
printed on the packaging under the barcode, "use by" dates
ranging "18 JUL 2025" to "02 AUG 2025," and lot code "RS40."
-- 36-oz. Packages containing three 12-oz. vacuum-packed packages
of "Oscar Mayer Turkey BACON ORIGINAL" and universal product
code (UPC) "071871548748" printed on the packaging under the
barcode, "use by" dates ranging "23 JUL 2025" to "04 SEP
2025," and lot codes "RS19," "RS40," or "RS42."
-- 48-oz. Packages containing four 12-oz. vacuum-packed packages
of "Oscar Mayer Turkey BACON ORIGINAL" and UPC "071871548793"
printed on the packaging under the barcode and "use by" dates
ranging "18 JUL 2025" to "04 SEP 2025," and lot codes "RS19,"
"RS40," or "RS42."
Accordingly, the Products contain Listeria monocytogenes, a
pathogen which may lead to serious and life-threatening adverse
health consequences. The risk of severe infection poses significant
concerns for pregnant individuals, infants, the elderly, and those
with compromised immune systems. These populations are particularly
vulnerable to serious complications and fatalities associated with
Listeria monocytogenes.
Listeria monocytogenes is responsible for causing the infection
Listeria. Foodborne listeriosis is one of the most dangerous and
life-threatening foodborne diseases.3 Individuals categorized
within high-risk groups for Listeria include pregnant women,
infants, the elderly, and those with compromised immune systems.
These populations exhibit a heightened risk of developing severe
symptoms, with a mortality rate ranging from 20% to 30%.
Consequently, Listeria poses a significant public health concern
that necessitates careful attention and preventive measures.
Consumers like the Plaintiff trust manufacturers such as Defendant
to sell products that are safe and free from known harmful
substances, including Listeria monocytogenes, asserts the suit.
The Plaintiff and those similarly situated rightfully anticipate
that the meat products they purchase will be free from, or will not
present a risk of containing, any knowingly harmful substances that
could lead to severe illness or pose life-threatening risks.
The Defendant manufactures, markets, advertises, and distributes
the Products throughout the United States. Defendant created and/or
authorized the false, misleading, and deceptive advertisements,
packaging, and labeling of its Product.[BN]
The Plaintiff is represented by:
William C. Wright, Esq.
Kelly Mata, Esq.
WILLIAM WRIGHT
The Wright Law Office, P.A.
515 N. Flagler Drive, Suite 350
West Palm Beach, FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
kellymata@wrightlawoffice.com
KRISTI NOEM: C.M. Suit Transferred to M.D. Florida
--------------------------------------------------
The case styled as C.M., Michael Borrego Fernandez, J.M.C., E.R.,
on behalf of themselves and all others similarly situated; Florida
Keys Immigration; Law Offices of Catherine Perez PLLC; Sanctuary of
the South; U.S. Immigration Law Counsel; Victoria Slatton on behalf
of N.M.B. v. Kristi Noem, Secretary of the United States Department
of Homeland Security, in her official capacity; U.S. Department of
Homeland Security; Todd Lyons, Acting Director and Senior Official
Performing the Duties of the Director of U.S. Immigration and
Customs Enforcement, in his official capacity; U.S. Immigration and
Customs Enforcement; Garrett Ripa, Field Office Director for ICE's
Enforcement and Removal Operation's ("ERO") Miami, Florida Field
Office, in his official capacity; Ronald DeSantis, Governor of the
State of Florida, in his official capacity; Sherea Green, Director
of the Corrections and Rehabilitation Department of Miami- Dade
County, Florida, in her official capacity; Kevin Guthrie, Executive
Director of the Florida Division of Emergency Management, in his
official capacity; Florida Division of Emergency Management; Sirce
Owen, Acting Director of EOIR, in her official capacity; Executive
Office for Immigration Review, Case No. 1:25-cv-23182 was
transferred from the U.S. District Court for the Southern District
of Florida, to the U.S. District Court for the Middle District of
Florida on Aug. 20, 2025.
The District Court Clerk assigned Case No. 2:25-cv-00747-SPC-KCD to
the proceeding.
The nature of suit is stated as Other Civil Rights.
Kristi Noem is an American politician serving since 2025 as the 8th
United States secretary of homeland security.[BN]
The Plaintiff is represented by:
Amy Godshall, Esq.
Daniel Tilley, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF FLORIDA
4343 West Flagler Street, Suite 400
Miami, FL 33134
Phone: 786-363-2714
Email: agodshall@aclufl.org
dtilley@aclufl.org
- and -
Paul R. Chavez, Esq.
Christina LaRocca, Esq.
AMERICANS FOR IMMIGRANT JUSTICE
2200 NW 72nd Ave.
P.O. Box No 520037
Miami, FL 33152
Phone: 786-218-3381
Email: pchavez@aijustice.org
clarocca@aijustice.org
- and -
Eunice H. Cho, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
915 15th St. N.W., 7th Floor
Washington, DC 20005
Phone: 202-548-6616
Email: echo@aclu.org
- and -
Corene T. Kendrick, Esq.
Kyle Virgien, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
425 California St., Suite 700
San Francisco, CA 94104
Phone: (415) 343-0770
Email: ckendrick@aclu.org
kvirgien@aclu.org
The Defendants are represented by:
Chad C. Spraker, Esq.
UNITED STATES ATTORNEY'S OFFICE
2110 First Street., Suite 3-137
Fort Myers, FL 33901
Phone: (239) 461-2245
Fax: (239) 461-2219
Email: Chad.Spraker@usdoj.gov
- and -
Marlene Rodriguez, Esq.
MORGAN, LEWIS & BOCKIUS LLP
5300 Wachovia Financial Center
200 S. Biscayne Blvd.
Miami, FL 33131-2339
Phone: (305) 415-3440
L PERRIGO: Wins Appeal Over Sculptor's Missed Deadline Bid
----------------------------------------------------------
In the case captioned as Perrigo Institutional Investor Group,
Individually and on behalf of All Others Similarly Situated;
Sculptor Master Fund Ltd; Sculptor Enhanced Master Fund Ltd v.
Joseph C. Papa; L Perrigo Company Plc; Judy Brown; Laurie Brlas;
Gary M. Cohen; Marc Coucke; Jacqualyn A. Fouse; Ellen R. Hoffing;
Michael R. Jandernoa; Gerald K. Kunkle, Jr.; Herman Morris, Jr.;
Donal O'Connor, Civil Action No. 24-2861 (3d Cir.), Circuit Judge
Krause of the United States Court of Appeals for the Third Circuit
affirmed the District Court's judgment denying Sculptor's motion to
opt out of a securities class action after missing the deadline by
three-and-a-half years. The Court affirmed: "Sculptor had the
opportunity to opt out early in this litigation, but it failed to
do so. Having made that mistake, it has to live with the
consequences. Nothing in the Federal Rules of Civil Procedure
requires it to be given a second chance years later. For the
foregoing reasons, we will affirm the District Court's judgment."
Perrigo is the world's largest manufacturer of over-the-counter
healthcare products. In April 2015, Mylan N.V. -- a then-competing
drug manufacturer -- announced an unsolicited tender offer to
purchase Perrigo for $205 per share, which is approximately a 25%
premium over the price at which Perrigo's shares traded at that
time. Perrigo's board demurred and encouraged shareholders to
reject the offer and that Mylan twice increased its offer to
approximately $227 per share and $246 per share.
During the course of fending off the offer, Perrigo and its
officers made allegedly material misrepresentations and omissions
about Perrigo's business performance. After the close of the tender
offer, Perrigo announced worse-than-expected earnings, previously
undisclosed asset impairment charges, and the need to restate every
financial statement it issued between April 2015 and May 2017 due
to GAAP errors amounting to over $1 billion in misstatements. As a
result, Perrigo's share value declined precipitously, dropping more
than 62%.
The District Court certified the class in November 2019. Later, in
July 2020, the Court approved a class action notice pursuant to
Rule 23(c)(2)(B) to be sent to class members informing them about
the pendency of the Roofer's class action and their right to opt
out of the class. The notice contained specific instructions
requiring class members to send a signed letter by mail stating
that the member "request exclusion" from the Classes. The notice
included detailed requirements for the exclusion request.
Class members had until December 3, 2020 to opt out. Plaintiff
Sculptor Master Fund admits it knew about the notice and
instructions for requesting exclusion. The opt-out deadline came
and went, and Sculptor never submitted an exclusion request. The
Court noted that neither Sculptor nor Perrigo realized this mistake
at the time and that both parties carried on litigating Sculptor's
individual action.
Over the next three-and-a-half years, Sculptor proceeded as if it
had opted out of the Roofer's class action, and Perrigo, assuming
that was the case, undertook the following actions:
-- Moving to dismiss Sculptor's individual action as untimely
after the conclusion of the opt-out period;
-- Providing the District Court with a status update of
opt-out actions, one of which was Sculptor's;
-- Sending the District Court a joint letter with opt-out
plaintiffs (including Sculptor) regarding a discovery schedule for
opt-out actions;
-- Deposing Sculptor's Rule 30(b)(6) designee;
-- Serving Sculptor with expert reports; and
-- Identifying Sculptor as one of the opt-out actions from the
Roofer's class action in its annual 10-K reports filed with the SEC
from 2020 to 2024.
On April 2024, class counsel and Perrigo sought approval of a
proposed settlement of the class action. The District Court
preliminarily approved the settlement, which included a provision
requiring all class members pursuing individual actions to dismiss
those actions within 30 days of the preliminary approval or risk
forfeiting participation in the settlement. At that point,
Sculptor's failure to opt out came to light.
Sculptor advances three arguments on appeal:
(1) That a class member may opt out of a class action by
providing a "reasonable indication" of its intent to opt out, and
that Sculptor did so here;
(2) That, if the "reasonable indication" standard does not
apply, Sculptor has demonstrated "excusable neglect" to permit its
untimely request for exclusion; and
(3) That the class action notice does not satisfy due
process.
Rejection of Reasonable Indication Standard
The Court firmly rejected Sculptor's first argument: "We disagree
and decline to adopt this 'reasonable indication' standard. The
Court explained its reasoning: Rule 23's opt-out feature turns on a
class member's 'affirmative request to be excluded,' in other
words, whether a class member has in fact requested exclusion. But
Rule 23 does not fix how a class member must request
exclusion—that decision is left to the district court to fill
in."
The Court emphasized practical concerns: Endorsing the "reasonable
indication" standard thrusts on district courts the task of
resolving "dozens or hundreds of difficult questions" -- each
necessitating its own factfinding -- to determine whether class
members are in or out of the class at any point during the pendency
of the action.
The Court concluded that, because Rule 23 requires a district court
to prescribe the way for class members to request exclusion, they
have to follow those instructions in order to opt out—a mere
"reasonable indication" of an intent to opt out will not do.
The Court applied the four Pioneer factors to evaluate whether
Sculptor demonstrated excusable neglect. The Court found that the
first factor tilts against Sculptor because its long-overdue
opt-out notice threatened to derail Perrigo's settlement with the
class. By the time that Sculptor moved for exclusion, the District
Court had already provisionally approved the proposed settlement
which included, and whose figures were based on, Sculptor's
claims.
The Court determined the second factor strongly disfavor Sculptor:
"The opt-out deadline in the Roofer's class action was December 3,
2020. Sculptor did not move for leave to opt out until July 1,
2024. That three-and-a-half-year delay is substantial and cuts
against characterizing Sculptor's neglect as 'excusable.'"
The Court found the third factor also weighed against Sculptor:
"After the expiration of the opt-out period, counsel for the class,
at the direction of the District Court, filed a list of parties who
had opted out to pursue individual actions against Perrigo.
Several class members who intended to opt out noticed that their
actions did not appear among those listed and expeditiously moved
to be excluded after the opt-out deadline. The court noted that
this flurry of activity immediately after the opt-out deadline
should have alerted Sculptor's former counsel to at least check the
Opt-out list.
The Court acknowledged the Good Faith Factor favored Sculptor:
"Nothing in the record suggests Sculptor failed to timely opt out
to gain a tactical advantage or that its failure was intentional."
The Court rejected Sculptor's challenge to the adequacy of the
class notice: "Here, the class notice satisfies this standard. The
Court noted that no fewer than three times, the notice cautioned
class members about the consequences of class certification" and
concluded: "Read together, the Notice's statements are clear such
that a reasonable person would understand that continued membership
in the class would result in being bound by all orders and
judgments, including settlement.
The Court concluded with its affirmance: In light of the record and
the District Court's thoroughly reasoned opinion weighing the
Pioneer factors, the District Court did not err—much less abuse
its discretion—by concluding the balance of factors disfavors
Sculptor. Thus, Sculptor has not demonstrated that its neglect was
excusable, and it may not opt out of the class at this late stage.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=Vwubt8 from PacerMonitor.com
L'OREAL USA INC: Spencer Suit Removed to W.D. Washington
--------------------------------------------------------
The case captioned as Shannon Spencer, individually and on behalf
of all others similarly situated v. L'OREAL USA, INC., a foreign
profit corporation; SALONCENTRIC INC., a foreign profit
corporation; DESIGNER FRAGRANCES & COSMETICS COMPANY, a foreign
profit corporation doing business as KIEHL'S SINCE 1851, LUXURY
BEAUTY STORE, and "L'OREAL; "L'OREAL TRAVEL RETAIL AMERICAS, INC.,
a foreign profit corporation; "L'OREAL USA S/D, INC., a foreign
profit corporation; and DOES 1-20, as yet unknown Washington
entities, Case No. 25-2-21267-0 SEA was removed from the Superior
Court of Washington for King County, to the United States District
Court for Western District of Washington on Aug. 21, 2025, and
assigned Case No. 2:25-cv-01603.
The Complaint purports to seek relief related to Washington's Equal
Pay and Opportunities Act, RCW 49.58.110, which sets out
requirements for job postings Specifically, the Complaint seeks
statutory damages for alleged violations; attorney's fees,
injunctive relief; and declaratory relief.[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 St., Suite 1100
Seattle, WA 98101
Phone: 206.442.9106
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
The Defendants are represented by:
Catharine M. Morisset, Esq.
Meghan McNabb, Esq.
FISHER & PHILLIPS LLP
1700 7th Avenue, Suite 2200
Seattle, WA 98101
Phone: 206-682-2308
Facsimile: 206-682-7908
Email: cmorisset@fisherphillips.com
mmcnabb@fisherphillips.com
LANCESOFT INC: Difalco Files TCPA Suit in D. New Jersey
-------------------------------------------------------
A class action lawsuit has been filed against Lancesoft, Inc. The
case is styled as Ian Difalco, individually and on behalf of all
others similarly situated v. Lancesoft, Inc., Case No.
3:25-cv-14835 (S.D. Fla., Aug. 21, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
LanceSoft -- https://www.lancesoft.com/ -- provides Global
Workforce Solutions with a human touch and a comprehensive
recruiting organization, addressing the complex workforce
challenges.[BN]
The Plaintiff is represented by:
Kayla Nicole Kershen, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Ste 705
Miami, FL 33132
Phone: (989) 574-5262
Email: kkershen@shamisgentile.com
LANDCARE USA: Heredia Suit Removed to S.D. California
-----------------------------------------------------
The case captioned as Kevin Ivan Resendiz Heredia, individually,
and on behalf of all others similarly situated v. LANDCARE USA,
LLC, a limited liability company; and DOES 1 through 10, inclusive;
Case No. 25CU033444C was removed from the Superior Court of the
State of California for the County of San Diego, to the United
States District Court for Southern District of California on Aug.
27, 2025, and assigned Case No. 3:25-cv-02218-GPC-DEB.
The Plaintiff's Complaint asserted 8 purported causes of action
for: Failure to Pay Minimum Wages; Failure to Pay Overtime
Compensation; Failure to Provide Meal Periods; Failure to Authorize
and Permit Rest Periods; Failure to Indemnify Necessary Business
Expenses; Failure to Timely Pay Final Wages at Termination; Failure
to Provide Accurate Itemized Wage Statements; and Unfair Business
Practices.[BN]
The Defendants are represented by:
Sabrina A. Beldner, Esq.
Andrew W. Russell, Esq.
Julianne G. Park, Esq.
Charles J. Urena, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501
Phone: 310.315.8200
Facsimile: 310.315.8210
Email: sbeldner@mcguirewoods.com
arussell@mcguirewoods.com
jpark@mcguirewoods.com
curena@mcguirewoods.com
LAROSE INDUSTRIES: Products not "Made In USA," Cooney Contends
--------------------------------------------------------------
SARAH COONEY, ERNESTINE SMITH, ROGER BONKOWSKI, CRYSTAL TUTHILL,
individually and on behalf of all others similarly situated v.
LAROSE INDUSTRIES LLC d/b/a ROSEART and CRA-Z-ART, Case No.
2:25-cv-14855-CCC-LDW (D.N.J., Aug. 22, 2025) contends that Roseart
lied to the American people when it falsely, deceptively,
misleadingly, and unlawfully labeled its U.S.A. GOLD, U.S.A.
TITANIUM, Write Dudes, Made in America, and Cra-Z-Art American
Premium pencil products as MADE IN USA, knowing that consumers will
pay a premium price for products made domestically.
According to the complaint, the Defendant has benefited
significantly from its false, deceptive, misleading, and unlawful
Made in the United States Claims, unjustifiably increasing its
market share and maximizing its profits at the expense of consumers
who are willing to pay a premium for Made in the United States
products.
The Plaintiffs seek to remedy these harms and accordingly bring
this class action lawsuit individually on behalf of themselves and
on behalf of all persons similarly situated who purchased
Defendant's Products that were falsely, deceptively, misleadingly,
and unlawfully labeled and marketed as Made in the United States
(or variations thereof) during the applicable statute of
limitations period.
The Plaintiffs seek to represent a putative nationwide class, a
subclass of residents of New York, and a subclass of residents of
California.
LaRose is an American toy, arts & crafts, and stationery
company.[BN]
The Plaintiffs are represented by:
Martin P. Schrama, Esq.
Stefanie Colella-Walsh, Esq.
STARK & STARK PC
100 American Metro Blvd.
Hamilton, NJ 08619
Telephone: (609) 895-7261
E-mail: mschrama@stark-stark.com
scolellawalsh@stark-stark.com
- and -
Karen Dahlberg O'Connell, Esq.
Christopher Nienhaus, Esq.
ALMEIDA LAW GROUP LLC
157 Columbus Avenue, 4th Floor
New York, NY 10023
Telephone: (347) 395-5666
E-mail: karen@almeidalawgroup.com
chris@almeidalawgroup.com
LB ENTERPRISES: Website Inaccessible to the Blind, Knowles Alleges
------------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all other persons
similarly situated v. LB ENTERPRISES, LLC., Case No. 1:25-cv-06988
(S.D.N.Y., Aug. 25, 2025) sues the Defendant for its failure to
design, construct, maintain, and operate its interactive website,
https://fazitbeauty.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, pursuant to the Americans with
Disabilities Act.
By failing to make its Website available in a manner compatible
with computer screen reader programs, the 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
suit.
The Defendant operates the Fazit Beauty online interactive Website
and retail store across the United States. This online interactive
Website and retail store constitute a place of public accommodation
because it is a sales establishment.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
LEAFFILTER NORTH: Court Extends Time to File Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE WRIGHT, on behalf
of himself and all others similarly situated, v. LEAFFILTER NORTH,
LLC, Case No. 3:25-cv-01080-KM (M.D. Pa.), the Hon. Judge Karoline
Mehalchick entered an order granting the Plaintiff's unopposed
motion for enlargement of time to file motion for class
certification.
The Plaintiff shall file his motion for class certification on a
date to be determined by the court and set forth in any forthcoming
case management order issued by this Court.
LeafFilter provides gutter protection solutions.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Zp9ueR at no extra
charge.[CC]
LIFEMD INC: Faces Johnston Suit Over Common Stock Price Drop
------------------------------------------------------------
TYLER JOHNSTON, Individually and on behalf of all others similarly
situated v. LIFEMD, INC., JUSTIN SCHREIBER, and MARC BENATHEN, Case
No. 1:25-cv-04761 (E.D.N.Y., Aug. 27, 2025) is a class action on
behalf of persons or entities who purchased or otherwise acquired
publicly traded LifeMD securities between May 7, 2025 and August 5,
2025, inclusive.
On May 6, 2025, after the market opened, LifeMD issued a press
release entitled "LifeMD Reports First Quarter 2025 Results and
Raises Full-Year 2025 Guidance." The registration statements were
materially false and misleading at the time they were made because
Defendants recklessly issued heightened 2025 guidance, as
Defendants did not properly account for increased customer
acquisition costs in its RexMD business, as well as customer
acquisition costs associated with selling drugs designed to treat
obesity, such as Wegovy and Zepbound, asserts the suit.
On Aug. 5, 2025, after the market closed, the Company issued a
press release entitled "LifeMD Reports Second Quarter 2025
Results." This announcement quoted the Defendant Benathen as
stating that due to "some temporary challenges facing our Rex MD
business," which he claimed were "largely resolved," that the
Company was "revising our full year 2025 guidance for revenue and
adjusted EBITDA to reflect the full-year impact of these issues,
while still anticipating strong year-over-year growth in both
metrics."
On this news, the price of LifeMD common stock fell $5.31 per
share, or 44.8%, to close at $6.53 on August 6, 2025. As a result
of Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's common shares,
Plaintiff and other Class members have suffered significant losses
and damages.
The Plaintiff seeks to recover compensable damages caused by
Defendants' violations of the federal securities laws under the
Securities Exchange Act of 1934.
LifeMD offers telemedicine, access to laboratory and pharmacy
services, and treatment across more than 200 conditions, including
primary care, men's and women's health, weight management, and
hormone therapy.[BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: philkim@rosenlegal.com
lrosen@rosenlegal.com
LIFETIME VALUE CO: Dawkins Files Suit in Ill. Dist. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against The Lifetime Value
Co. LLC. The case is styled as Steven Dawkins, Michael Franklin
Illinois residents, individually and as the representatives of a
class of similarly-situated persons v. The Lifetime Value Co. LLC,
Case No. 2025LA001084 (Ill. Dist. Ct., DuPage Cty., Aug. 27,
2025).
The Lifetime Value Co. -- https://www.ltvco.com/ -- is an
information services technology platform comprising a portfolio of
brands that provide easy access to information to help make all of
life's decisions, big and small.[BN]
The Plaintiffs are represented by:
Patrick J. Solberg, Esq.
USA EMPLOYMENT LAWYERS - JORDAN RICHARDS, PLLC
1800 SE 10th Ave. Suite 205
Fort Lauderdale, FL 33301
Email: Patrick@usaemploymentlawyers.com
LJUBLJANA INTER: Opposition to Class Cert Bid Due Sept. 19
----------------------------------------------------------
In the class action lawsuit captioned as Allison Klein v. Ljubljana
Inter Auto d.o.o., et al., Allison Klein et al. v. Dr. Ing. H.C.F.
Porsche AG et al., Case No. 2:20-cv-10079-MWC-JPR (C.D. Cal.), the
Hon. Judge Michelle Williams Court entered an order granting the
Plaintiffs' motion for leave to file a renewed motion for class
certification.
The Plaintiffs shall file their renewed motion no later than Aug.
29, 2025.
The Defendants' opposition shall be filed no later than Sept. 19,
2025.
The Plaintiffs' optional reply shall be filed no later than Oct. 3,
2025.
On Nov. 2, 2020, the Plaintiffs Klein, Lee, and Wu filed this
action because of issues they experienced with their Porshe Macan
vehicles.
A copy of the Court's order dated Aug. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eS6RjY at no extra
charge.[CC]
LOADED CAFE LB: Vasquez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Loaded Cafe LB, Inc.
The case is styled as Sandy Yasmina Vasquez a/k/a Sandy Pinto
Lopez, individually and on behalf of all others similarly situated
v. Loaded Cafe LB, Inc., Case No. 25STCV24427 (Cal. Super. Ct., San
Francisco Cty., Aug. 19, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Loaded Café -- https://loadedcafe.com/ -- serves the best
breakfast, brunch, and Mexican food in town.[BN]
The Plaintiff is represented by:
Jessica Garcia, Esq.
PATTON, SULLIVAN, BRODEHL LLP
12647 Alcosta Blvd., Ste. 430
San Ramon, CA 94583-5182
Phone: 925-600-1800
Fax: 925-600-1802
- and -
Shoham J. Solouki, Esq.
Grant Joseph Savoy, Esq.
SOLOUKI | SAVOY, LLP
316 W 2nd St., Ste. 1200
Los Angeles, CA 90012-3537
Phone: 213-814-4940
Fax: 213-814-2550
Email: shoham@soloukisavoy.com
grant@soloukisavoy.com
LOCKHEED MARTIN: Solomonov Suit Removed to W.D. Pennsylvania
------------------------------------------------------------
The case captioned as Boris Solomonov, on behalf of himself and
others similarly situated v. LOCKHEED MARTIN CORPORATION, Case No.
25-cv-5096 was removed from the Lackawanna County Court of Common
Pleas, to the United States District Court for Middle District of
Pennsylvania on Aug. 19, 2025, and assigned Case No.
3:25-cv-01544-MEM.
The Plaintiff asserts claims for alleged failure to pay overtime
under the Pennsylvania Minimum Wage Act (“PMWA”).[BN]
The Defendants are represented by:
Richard L. Etter, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One PPG Place, Suite 1900
Pittsburgh, PA 15222
Phone: 412.394.3390
Fax: 412.232.1799
Email: rick.etter@ogletree.com
- and -
Lee E. Tankle, Esq. (ID No. 315783)
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1735 Market Street, Suite 3000
Philadelphia, PA 19103
Phone: (215) 995-2831
Fax: (215) 995-2801
Email: lee.tankle@ogletree.com
LOS REYES GRILL: Fendley Sues Over Unlawful Discrimination
----------------------------------------------------------
Melissa Fendley, an individual, and all others similarly situated
v. LOS REYES GRILL LLC, Case No. 2:25-cv-01442-MHH (N.D. Ala., Aug.
27, 2025), is brought for declaratory and injunctive relief
pursuant to Title III of the Americans with Disabilities Act
(hereinafter referred to as the "ADA") as a result of the unlawful
discrimination.
The Defendant has discriminated and continues to discriminate
against the Plaintiff, and others who are similarly situated, by
denying access to, and full, safe and equal enjoyment of goods,
services, facilities, privileges, advantages and/or accommodations
at the Shopping Center and Restaurant in derogation of the ADA.
The Plaintiff has been unable to and continues to be unable to
enjoy access to, and the benefits of the services offered at the
Restaurant owned and/or operated by Defendant. Prior to the filing
of this lawsuit, Plaintiff visited the Restaurant at issue in this
lawsuit and was denied access to the benefits, accommodations and
services of the Defendant's premises and therefore suffered an
injury in fact as a result of the barriers to access, that she
personally encountered, says the complaint.
The Plaintiff suffers from paraplegia and requires a wheelchair for
mobility.
LOS REYES GRILL LLC, is a domestic limited liability company,
registered to do business and, in fact, conducting business in the
State of Alabama.[BN]
The Plaintiff is represented by:
Edward I. Zwilling, Esq.
LAW OFFICE OF EDWARD I. ZWILLING, LLC
4000 Eagle Point Corporate Dr.
Birmingham, AL 35242
Phone: (205) 822-2701
Email: edwardzwilling@zwillinglaw.com
LOUISIANA: 5th Cir. Voids Class Certification in Mental Health Suit
-------------------------------------------------------------------
In the case captioned as B.B., by and through her mother, P.B.;
D.D., by and through his mother, P.D.; E.E., by and through his
mother, P.E.; G.G., by and through her mother, P.G.,
Plaintiffs-Appellees v. Michael Harrington, in his official
capacity as the Secretary of the Louisiana Department of Health;
Louisiana Department of Health, Defendants-Appellants, Case No.
24-30244 (5th Cir.), the United States Court of Appeals for the
Fifth Circuit vacates and remands the district court's class
certification order.
Before: Circuit Judges Ho, Engelhardt, and Douglas.
The Court of Appeals vacated the class certification because the
definition of those services is too vague to support an
ascertainable class. The case involves Medicaid-eligible children
in Louisiana who claim the State isn't providing statutorily
required mental health services.
The matter is a certified class action lawsuit. The district court
initially certified the class to include children who had been
recommended intensive care coordination, crisis services, and
intensive behavioral services. However, this Court of Appeals
subsequently vacated that certification for lack of specificity in
these terms in A.A. ex rel. P.A. v. Phillips, 2023 WL 334010
Following the initial remand, parties have stipulated to
definitions of intensive care coordination and crisis services, so
intensive behavioural services are the only category left in
dispute.
The district court again certified the class, setting out two steps
for defining intensive behavioral services.
First, such services must consist of therapeutic interventions
delivered to children and families in their homes and other
community settings to improve youth and family functioning and
prevent out-of-home placement in inpatient or psychiatric
residential treatment facility settings.
Second, intensive behavioral services must also involve one of 10
specified components or interventions
The Court of Appeals concluded that the definition of intensive
behavioral services set forth by the district court on remand is
still too 'amorphous or imprecise' to permit a class action. The
Court explained that it is elementary that in order to maintain a
class action, the class sought to be represented must be adequately
defined and clearly ascertainable.
Regarding the first prong of the definition, the Court stated that
a countless number of medical treatments are delivered to avoid
'placement in inpatient . . . settings.' And there is no clear line
between what supports 'youth and family function' and what does
not.
For the second prong, the Court found that four of the ten
specified interventions present similar line-drawing challenges,
specifically identifying: 1. Improvement of self-management of
symptoms; 2. Support of the development, maintenance, and use of
social networks, including the use of natural and community
resources; 3. Support to address behaviors that interfere with a
child's or youth's success in achieving educational and vocational
objectives in school; and 4. Implementation of risk reduction and
crisis prevention strategies.
The Court of Appeals vacated and remanded the case, stating: We
leave it in the capable hands of the district court to determine
more precise and administrable criteria for class membership." The
Court noted that because Defendants' other claims depend on the
definition of the class and subsequent proceedings, we do not
address them now.
Circuit Judge Dana M. Douglas dissented, writing: This is an
undeniably difficult case, as evidenced by the now back-to-back
decisions of our court vacating and remanding on the issue of class
ascertainability. Douglas disagreed with the majority's
conclusion.
Douglas argued that the majority opinion dissects the district
court's adopted definition of intensive behavioral services into a
two--pronged test when nothing in the district court's decision
suggests that its definition imposes separate, disjunctive
requirements.
The dissent emphasized that all 10 interventional components
provide objective criteria upon which the court may readily
identify class members and that the district court can mechanically
determine whether a person qualifies as a member of the class by
looking to that person's medical records.
Circuit Judge Douglas concluded: "Because the district court's
conclusion was not based on an erroneous view of the law or a
clearly erroneous assessment of the evidence, nor would all
reasonable persons reject the district court's view, I would hold
that it did not abuse its discretion in adopting this definition of
intensive behavioral services.
The Court of Appeals vacated and remanded to the district court for
further proceedings. The decision was filed on August 12, 2025, and
is designated as not for publication under 5th Cir. R. 47.5.
A copy of the per curiam decision is available at
https://urlcurt.com/u?l=H2ws3L from Pacermonitor.com.
LOVEBONITO USA: Walker Seeks Equal Website Access for the Blind
---------------------------------------------------------------
LEAH WALKER, individually and on behalf of all others similarly
situated, Plaintiff v. LOVEBONITO USA, LLC, Defendant, Case No.
1:25-cv-09949 (N.D. Ill., Aug. 20, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.lovebonito.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
LoveBonito USA, LLC retails women's apparels. The Company operates
an online portal that offers dresses, tops, bottoms, outerwear,
one-piece, shoes, bags, and other fashion 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
Cellphone: (630) 478-0856
Email: Dreyes@ealg.law
LOWE'S HOME CENTERS: Garner Suit Removed to W.D. Washington
-----------------------------------------------------------
The case captioned as Kathryn Garner, individually and on behalf of
all others similarly situated v. LOWE'S HOME CENTERS, LLC, a
foreign limited liability company, et al., Case No. 25-2-22121-1
SEA was removed from the Superior Court of the State of Washington
for King County, to the United States District Court for Western
District of Washington on Aug. 20, 2025, and assigned Case No.
2:25-cv-01592.
The Complaint is brought under the California Labor Code for missed
meal and rest periods, unpaid wages and overtime, inaccurate wage
statements, and waiting-time penalties.[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 St., Suite 1100
Seattle, WA 98101
Phone: 206.442.9106
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
The Defendants are represented by:
Matthew Kelly, Esq.
SEYFARTH SHAW LLP
999 Third Avenue, Suite 4700
Seattle, WA 98104-4041
Phone: (206) 946-4910
Email: mrkelly@seyfarth.com
LUCY COOPER'S: Court Certifies Foley Collective Action
------------------------------------------------------
In the class action lawsuit captioned as MACI FOLEY, On Behalf of
Herself and All Others Similarly Situated, v. LUCY COOPER'S, LLC
(a/k/a Lucy Cooper's Texas Ice House, Case No. 5:24-cv-01356-XR
(W.D. Tex.), the Hon. Judge Xavier Rodriguez entered an order as
follows:
1. The Court certifies a collective action under the federal
Fair Labor Standards Act as follows:
"All current and/or former employees of the Defendant who
work(ed) as bartenders and/or servers at the Defendant's
location at 16080 San Pedro Avenue, San Antonio, Texas 78232
at any time between Aug. 1, 2023 and Aug. 1, 2025 (hereafter
the "Putative Collective Action Members")."
2. The Court approves the Notice, Consent form, and Client Data
Sheet (collectively the "Notice Packet") provided as Exhibits
1, 2, and 3 to the Motion.
3. No later than 21 calendar days after the date of this Order,
The Defendant shall disclose the full names, last known
addresses, last known email addresses, and dates of
employment of the Putative Collective Action Members (the
"Contact Information") to the Plaintiff's counsel. The
Contact Information shall be produced in a usable electronic
format.
4. No later than 21 calendar days from Plaintiff's counsel's
receipt of the Contact Information from Defendant,
Plaintiff's counsel shall mail, via United States Postal
Service First Class Mail, and where possible also e-mail, the
Notice Packet to each of the Putative Collective Action
Members identified by Defendant as required by this Order.
A copy of the Court's order dated Aug. 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fXOhmN at no extra
charge.[CC]
LX HAUSYS: Court Stays All Proceedings in Torres Suit Until Nov. 30
-------------------------------------------------------------------
In the class action lawsuit captioned as SINUHE CABRERA TORRES;
PEDRO DOMINGUEZ BALDERAS; and ANGEL MANUEL SANTILLAN SANCHEZ,
individually and on behalf of others similarly situated, v. LX
HAUSYS AMERICA, INC.; CL GLOBAL, LLC; and TOTAL EMPLOYEE SOLUTION
SUPPORT, LLC, Case No. 1:24-cv-01283-MLB-RDC (N.D. Ga.), the Hon.
Judge Regina Cannon entered an order granting parties joint motion
to stay all proceedings while they pursue private mediation.
1. All proceedings and deadlines in this case are stayed through
Nov. 30, 2025.
2. The limitations period for all putative collective class
member FLSA claims shall be tolled from Aug. 4, 2025 through
Nov. 30, 2025.
3. The Plaintiffs' motion for conditional certification is
denied without prejudice to refiling in the event mediation
is unsuccessful.
4. On or before Nov. 30, 2025, the parties must file a joint
status report advising the Court regarding the mediation
outcome and anticipated progress of this matter. If mediation
is unsuccessful, the parties must include a proposed
scheduling order with revised deadlines for class
certification, discovery, and dispositive motions.
LX manufactures and markets building materials.
A copy of the Court's order dated Aug. 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xH4wdL at no extra
charge.[CC]
MAPD HELPDESK LLC: Jonathan Files TCPA Suit in S.D. Florida
-----------------------------------------------------------
A class action lawsuit has been filed against MAPD Helpdesk LLC.
The case is styled as Bahr Jonathan, individually and on behalf of
all others similarly situated v. MAPD Helpdesk LLC, Case No.
9:25-cv-81057-XXXX (S.D. Fla., Aug. 25, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Medicare Advantage Prescription Drug (MAPD) Help Desk --
https://www.cms.gov/mapd-helpdesk -- offers technical and
functional support.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
KAUFMAN PA
31 Samana Drive
Miami, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
MAPLECOVERAGE LLC: Hand Files TCPA Suit in W.D. Michigan
--------------------------------------------------------
A class action lawsuit has been filed against MapleCoverage LLC.
The case is styled as Zachary Hand, individually and on behalf of
all others similarly situated v. MapleCoverage LLC doing business
as: Maple, Case No. 1:25-cv-00991 (W.D. Mich., Aug. 22, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
MapleCoverage -- https://welcome.maplecoverage.com/ -- is a trusted
auto insurance provider.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
MARIO'S AIR: Seeks More Time to File Class Cert Response
--------------------------------------------------------
In the class action lawsuit captioned as HELENA GERMAIN,
individually and on behalf of all others, similarly situated, v.
MARIO'S AIR CONDITIONING AND HEATING, INC., SEHS HVAC MARIO'S, LLC
AND WHITWILD MANAGEMENT, LLC, Case No. 8:23-cv-00671-TPB-CPT (M.D.
Fla.), the Defendants ask the Court to enter an order granting an
enlargement of time to respond to the Plaintiff's motion for class
certification, through and including Sept. 15, 2025.
The Plaintiff's motion for class certification was filed on March
11, 2025.
Mario's offers a wide range of heating and air conditioning
services.
A copy of the Defendants' motion dated Aug. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=io5A9d at no extra
charge.[CC]
The Plaintiff is represented by:
Zachary Z. Zermay, Esq.
ZERMAY LAW P.A.
1762 Windward Way
Sanibel, FL 33957
E-mail: zach@zermaylaw.com
- and -
Ryan L. McBride, Esq.
Mohammad Kazerouni, Esq.
KAZEROUNI LAW GROUP, APC
301 E. Bethany Home Road, Suite C-195
Phoenix, AZ 85012
E-mail: ryan@kazlg.com
Mike@kalg.com
The Defendants are represented by:
Joelle Bordeaux, Esq.
ENGLANDER FISCHER
721 First Avenue North
St. Petersburg, FL 33701
Telephone: (727) 898-7210
Facsimile: (727) 898-7218
E-mail: jbordeaux@eflegal.com
- and -
Charles A. Carlson, Esq.
OLDER LUNDY KOCH & MARTINO
1000 West Cass Street
Tampa, FL 33606
Telephone: (813) 254-8998
Facsimile: (813) 839-4411
E-mail: ccarlson@olderlundylaw.com
lsingleton@olderlundylaw.com
MARRIOTT INTERNATIONAL: Jones Suit Removed to W.D. Washington
-------------------------------------------------------------
The case captioned as Linda Jones, individually and on behalf of
all others similarly situated v. MARRIOTT INTERNATIONAL, INC., a
foreign profit corporation; and DOES 1-20, as yet unknown
Washington entities, Case No. 25-2-20960-1 SEA was removed from the
Superior Court of the State of Washington in and for King County,
Washington, to the United States District Court for Western
District of Washington on Aug. 22, 2025, and assigned Case No.
2:25-cv-01613.
In the Complaint, Plaintiff seeks to represent a class of "All
current and former employees of Marriott International, Inc. who
worked in Washington and earned less than twice the applicable
state minimum hourly wage from July 18, 2022, through the date of
certification of the Class." The Complaint sets forth the following
cause of action: Violation of Washington's Noncompetition Law.[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 St., Suite 1100
Seattle, WA 98101
Phone: 206.442.9106
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
The Defendants are represented by:
Jason E. Murtagh, Esq.
Christopher M. Cascino, Esq.
BUCHANAN INGERSOLL & ROONEY LLP
One America Plaza, 600 West Broadway, Suite 1100
San Diego, CA 92101
Phone: (619) 239-8700
Fax: (619) 702- 3898
Email: jason.murtagh@bipc.com
christopher.cascino@bipc.com
MARYLAND: Fitch Files Writ of Certiorari Petition to Supreme Court
------------------------------------------------------------------
KENNETH FITCH, et al. filed on August 18, 2025, a petition for a
writ of certiorari with the U.S. Supreme Court, under Case No.
_______, seeking a review of a ruling of the United States Court of
Appeals for the Fourth Circuit dated May 20, 2025, in the case
captioned Kenneth Fitch, et al., Petitioners vs. State of Maryland,
et al., Case No. 1:18-cv-02817-PJM.
Petitioners, retired state employees, filed a complaint alleging
that their employer, the State of Maryland, breached a statutory
unilateral contract to provide state subsidized prescription drug
benefits in retirement. The District Court found a contract existed
for certain State retirees. The Fourth Circuit reversed that
decision, ruling that a contract was not created based on the
unmistakability doctrine. Six months after Petitioners appealed,
Maryland established the Qualified Resident Program that will
provide access to and subsidize state and federal healthcare
programs for illegal aliens. [BN]
Plaintiffs-Petitioners KENNETH FITCH, et al. are represented by:
Deborah Holloway Hill, Esq.
P.O. Box 43207
Nottingham, MD 21236
Telephone: (410) 428-7278
Email: dhill@dahhlaw.com
MCCORMICK & CO: Defeats Initial Challenge to Product Labeling Suit
------------------------------------------------------------------
In the putative class action lawsuit captioned as Darrnell McCoy,
Plaintiff v. McCormick & Company, Inc., Defendant, Case No.
1:25-cv-00231-JLT-SAB (E.D. Cal.), Judge Jennifer L. Thurston of
the U.S. District Court for the Eastern District of California
grants the Defendant's motion to dismiss with leave to amend.
Plaintiff brings this putative class action under various
California consumer and common laws, alleging the label Crafted and
Bottled in Springfield, MO, USA, appearing at times with American
flavor in a bottle, on Defendant's packaging for French's mustard
products is misleading because such products contain foreign-made
components. Defendant moved to dismiss for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6).
On July 11, 2025, the magistrate judge issued Findings and
Recommendations recommending that Defendant's motion to dismiss be
granted. Specifically, the magistrate judge: (1) Declined to
incorporate by reference every statement contained within two
YouTube video links provided in a footnote to Plaintiff's
complaint; (2) Found the safe harbor provisions contained within
California's Made in the U.S.A. statutory scheme are not preempted
by federal law; (3) Determined Plaintiff failed to plausibly plead
that his claims are not barred by those safe harbor provisions; and
(4) Recommended that Defendant's motion be granted with leave to
amend.
On July 25, 2025, Plaintiff timely filed objections to the
magistrate judge's findings. Plaintiff only objected to the
magistrate judge's conflict preemption analysis. According to 28
U.S.C. Section 636(b)(1)(C), the Court performed a de novo review
of this case.
Plaintiff argued that a conflict exists between the FTC's all or
virtually all standard and the percentage-based final wholesale
value of the foreign ingredients" standard set forth in
California's safe harbor provision. According to Plaintiff, an
inconsistency arises because the federal standard takes into
account "the amount of foreign ingredients in the products and
their importance to consumers, while California's scheme look at
the final wholesale value of the foreign ingredients and whether
such ingredients can be obtained domestically."
Plaintiff's argument relied on the FTC's 2021 final rule stating
that percentage--based, bright--line rules could allow deceptive
unqualified claims in circumstances where the low cost of the
foreign input does not correlate to the importance of that input to
consumers." The FTC provided an example of "watches that
incorporate imported movements" noting that consumers may be misled
because, although the cost of an imported movement is often low
relative to the overall cost to manufacture a watch, consumers may
place a premium on the origin and quality of a watch movement.
The Court found Plaintiff's argument relies on a false premise -
that the percentage--based bright line rules codified into
California's safe harbor provision fail to capture the concern the
FTC highlights. The Court stated it does not read the safe harbor
provision so narrowly. Under California's scheme, a product may be
lawfully labeled as Made in the U.S.A. if no more than five percent
of the final wholesale value of the manufactured product is
obtained from outside the United States.
By focusing on "value" instead of "cost" the California safe harbor
provision allows for consideration of how important a consumer
might perceive the foreign input is to the overall value of the
product. Thus, the Court agreed with the magistrate judge that the
FTC's watch case example does not establish that California's 5-10%
safe harbor thresholds are inconsistent with the federal all or
virtually all federal standard.
The Court also rejected Plaintiff's suggestion that the Findings
and Recommendations erred by reasoning that simply because both
statutes allow for some amount of foreign ingredients there is no
inconsistency." The Court found this to be a false premise, noting
the logic of the Findings and Recommendations is more nuanced.
Accordingly, the Court rules as follows. The Findings and
Recommendations dated July 11, 2025 are adopted in full.
Defendant's motion to dismiss is granted. Plaintiff's complaint is
dismissed with leave to amend. Plaintiff shall file any first
amended complaint within 21 days of the date of service of this
order.
The Court advised that failure to file a first amended complaint
will result in dismissal of this action for failure to prosecute
and failure to obey the Court's order.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=zot5b2 from Pacermonitor.com.
MCRT RESOURCES: Moore Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against MCRT Resources LLC,
et al. The case is styled as Everett Moore, II, on behalf of
himself and others similarly situated v. MCRT Resources LLC, Mill
Creek Residential Services LLC, Case No. 25STCV25168 (Cal. Super.
Ct., Los Angeles Cty., Aug. 27, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
MCRT Resources LLC doing business as Mill Creek Residential --
https://millcreekplaces.com/ -- develops, builds, acquires and
operates high-quality rental communities in desirable locations
coast-to-coast.[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
MEDQ INC: Klepper Files Suit in Okla. Dist. Ct.
-----------------------------------------------
A class action lawsuit has been filed against MEDQ, Inc. The case
is styled as Sharon Klepper, Shelby D. Franklin, Cheri Ramey, Jana
Harrison, and Debra Everett, individually and on behalf of all
others similarly situated v. MEDQ, Inc., Case No. CJ-2025-6048
(Okla. Dist. Ct. Oklahoma Cty., Aug. 25, 2025).
The case type is stated as " Civil relief more than $10,000:
Negligence General."
medQ -- https://www.medq.com/ -- is a provider of imaging software
& service solutions to the healthcare industry that helps deliver
quality & cost-effective service.[BN]
The Plaintiffs are represented by:
Kennedy M. Brian, Esq.
0205 N. Pennsylvania
Okc, OK 73120
MERCK & CO: Cronin Securities Suit over "Gardasil" Ongoing
----------------------------------------------------------
Merck & Co., Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2025, filed with the Securities and Exchange
Commission on August 5, 2025, that in February 2025, a putative
class action was filed against Merck and certain of its officers in
the U.S. District Court for the District of New Jersey, captioned
"Cronin v. Merck & Co., Inc., et al.," purportedly on behalf of all
purchasers of Merck common stock between February 2022 and February
2025.
Plaintiff alleges that Merck violated federal securities laws by
making materially false and misleading statements and material
omissions regarding demand for "Gardasil/Gardasil 9" in China.
Plaintiff seeks unspecified monetary damages, pre-judgment and
post-judgment interest, and fees and costs.
On April 7, 2025, the court entered a joint stipulation staying the
defendants' deadline to respond to the complaint until after a lead
plaintiff is appointed and requiring the parties to confer and
jointly propose deadlines for amending and responding to the
complaint within 14 days of the lead plaintiff appointment. Lead
plaintiff motions were filed on April 14, 2025, and remain
pending.
Merck & Co., Inc. is a pharmaceutical company based in Rahway, New
Jersey.
META PLATFORMS: Filing of Confidential Docs Under Seal Sought
-------------------------------------------------------------
In the class action lawsuit Re Meta Pixel Tax Filing Cases, Case
No. 5:22-cv-07557-PCP (N.D. Cal.), the Plaintiffs ask the Court to
enter an order granting administrative motion to file documents
under seal.
The Plaintiffs move the Court for an order allowing them to file
under seal excerpts and quotations from documents containing
information designated as either Confidential or Highly
Confidential -- Attorney's Eyes Only
The Plaintiffs state that the "compelling reasons" standard
applies. As to documents designed by Defendant or third parties,
Plaintiffs submit this request only to comply with their
obligations under Local Rule 79-5 and the protective order issued
in the case, and Plaintiffs take no position at this time on the
propriety of other parties' confidentiality designations, or
whether they meet the compelling reasons test for retaining
confidentiality.
Meta is an American multinational technology company.
A copy of the Plaintiffs' motion dated Aug. 20, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fL3vVZ at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jsmith@bursor.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, P.C.
867 Boylston Street, 5th Floor
Boston, MA 02216
Telephone: (617) 377-7404
E-mail: joel@skclassactions.com
- and -
Lori G. Feldman, Esq.
Michael Liskow, Esq.
Rebecca A. Peterson, Esq.
GEORGE FELDMAN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Telephone: (917) 983-9321
E-mail: lfeldman@4-justice.com
mliskow@4-justice.com
RPeterson@4-Justice.com
eservice@4-justice.com
- and -
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: kmbaxter-kauf@locklaw.com
- and -
Marshal J. Hoda, Esq.
THE HODA LAW FIRM, PLLC
12333 Sowden Road, Suite B
Houston, TX 77080
Telephone: (832) 848-0036
E-mail: marshal@thehodalawfirm.com
- and -
Patrick Yarborough, Esq.
FOSTER YARBOROUGH PLLC
917 Franklin Street, Suite 220
Houston, TX 77002
Telephone: (713) 331-5254
E-mail: patrick@fosteryarborough.com
- and -
John G. Emerson, Esq.
EMERSON FIRM, PLLC
2500 Wilcrest, Suite 300
Houston, TX 77042
Telephone: (800) 551-8649
E-mail: jemerson@emersonfirm.com
META PLATFORMS: Plaintiffs Seek to Certify Rule 23 Classes
----------------------------------------------------------
In the class action lawsuit Re Meta Pixel Tax Filing Cases, Case
No. 5:22-cv-07557-PCP (N.D. Cal.), the Plaintiffs, on Jan. 15,
2026, will move the Court for an order granting their motion to
certify the proposed classes:
1. The Nationwide Pen Register Classes
-- H&R Block.com
"All individuals in the United States who visited the
website H&R Block.com from Jan. 15, 2019, to June 30,
2023."
This class seeks certification of claims under California
Penal Code section 638.51. All Plaintiffs seek to be the
class representatives for this class.
-- TaxAct.com
"All individuals in the United States who visited the
website TaxAct.com from Aug. 25, 2015, to June 30, 2023."
This class seeks certification of claims under California
Penal Code sections 638.51. The Plaintiff Katrina Calderon
seeks to be the class representative for this class.
2. The Nationwide Eavesdropping Classes
-- H&R Block.com:
"All individuals in the United States who visited the
website H&R Block.com from Jan. 15, 2019, to June 30,
2023."
This class seeks certification of claims under California
Penal Code sections 632 and 635. All Plaintiffs seek to be
the class representatives for this class.
-- TaxAct.com:
"All individuals in the United States who visited the
website TaxAct.com from Aug. 25, 2015, to June 30, 2023."
This class seeks certification of claims under California
Penal Code sections 632 and 635. The Plaintiff Katrina
Calderon seeks to be the class representative for this
class.
3. The California Wiretapping Classes
-- H&R Block.com:
"All individuals in California who visited the website H&R
Block.com from Jan. 15, 2019, to June 30, 2023."
This class seeks certification of claims under California
Penal Code sections 631(a) and 635. The Plaintiffs Jane
Doe and Katrina Calderon seek to be the class
representative for this class.
-- TaxAct.com:
"All individuals in California who visited the website
TaxAct.com from Aug. 25, 2015, to June 30, 2023."
This class seeks certification of claims under California
Penal Code sections 631(a) and 635. Plaintiff Katrina
Calderon seeks to be the class representative for this
class.
4. The Nationwide UCL Public Injunctive Relief Classes
-- H&R Block.com:
"All individuals in the United States who visited the
website H&R Block.com from Jan. 15, 2019, to June 30,
2023."
This class seeks certification of claims under Cal. Bus. &
Prof. Code section 17200. All Plaintiffs seek to be the
class representatives for this class.
-- TaxAct.com:
"All individuals in the United States who visited the
website TaxAct.com from Aug. 25, 2015, to June 30, 2023."
This class seeks certification of claims under Cal. Bus. &
Prof. Code section 17200. The Plaintiff Katrina Calderon
seeks to be the class representative for this class.
Furthermore, the Plaintiffs ask the Court to enter an order:
-- appointing the Plaintiffs Kayla Housman, Tiffany Bryant,
Katrina Calderon, and Jane Doe as class representatives, and
-- Appoint Lori G. Feldman of George Feldman McDonald, PLLC and
Neal Deckant of Bursor & Fisher, P.A. as class counsel.
The Plaintiffs seek certification of claims for damages under Rule
23(b)(3) and injunctive relief under Rule 23(b)(2).
Meta owns and operates several prominent social media platforms and
communication services, including Facebook, Instagram, Threads,
Messenger and WhatsApp.
A copy of the Plaintiffs' motion dated Aug. 20, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=AzgP79 at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jsmith@bursor.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, P.C.
867 Boylston Street, 5th Floor
Boston, MA 02216
Telephone: (617) 377-7404
E-mail: joel@skclassactions.com
- and -
Lori G. Feldman, Esq.
Michael Liskow, Esq.
Rebecca A. Peterson, Esq.
GEORGE FELDMAN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Telephone: (917) 983-9321
E-mail: lfeldman@4-justice.com
mliskow@4-justice.com
RPeterson@4-Justice.com
eservice@4-justice.com
- and -
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: kmbaxter-kauf@locklaw.com
- and -
Marshal J. Hoda, Esq.
THE HODA LAW FIRM, PLLC
12333 Sowden Road, Suite B
Houston, TX 77080
Telephone: (832) 848-0036
E-mail: marshal@thehodalawfirm.com
- and -
Patrick Yarborough, Esq.
FOSTER YARBOROUGH PLLC
917 Franklin Street, Suite 220
Houston, TX 77002
Telephone: (713) 331-5254
E-mail: patrick@fosteryarborough.com
- and -
John G. Emerson, Esq.
EMERSON FIRM, PLLC
2500 Wilcrest, Suite 300
Houston, TX 77042
Telephone: (800) 551-8649
E-mail: jemerson@emersonfirm.com
MI CASA: Pardini Seeks Conditional Certification
------------------------------------------------
In the class action lawsuit captioned as Alexander Pardini,
individually and on behalf of all others similarly situated, v. Mi
Casa Su Casa, LLC, Case No. 2:22-cv-00796-GMS (D. Ariz.), the
Plaintiff asks the Court to enter an order granting motion for
conditional certification.
Mi Casa did not pay its hourly employees the overtime wages they
were owed under Arizona law. Mi Casa uniformly failed to factor
into its hourly employees' overtime rates any alternate, higher
compensation rate, shift differentials, or non-discretionary
bonuses, such that their overtime premiums were at least 1.5x their
regular rate of pay.
Instead, Mi Casa simply paid them at their same hourly rate for the
job they were performing (the equivalent of
straight-time-for-overtime for these hours). By failing to pay its
hourly employees the proper overtime they were owed, Mi Casa
flagrantly violated the AWA.
Pardini seeks class certification of this matter pursuant to
Federal Rule of Civil Procedure 23, to allow his coworkers -- other
hourly Mi Casa workers in Arizona who were subject to the same
alleged illegal pay practices described above -- to recover any
backwages they may be owed, along with treble damages, due to Mi
Casa's numerous and systemic wage violations.
Pardini's evidence easily satisfies all of Rule 23’s
requirements, and the Court should certify this class action and
order notice to be sent to the putative class members.
Mi Casa is a hospitality company.
A copy of the Plaintiff's motion dated Aug. 20, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9Qp5zx at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET LAW PC
2 Greenway Plaza, Ste. 250
Houston, TX 77046
Telephone: (713) 999-5200
E-mail: matt@parmet.law
- and -
Samuel R. Randall, Esq.
RANDALL LAW PLLC
4742 N. 24th Street, Suite 300
Phoenix, AZ 85016
Telephone: (602) 328-0262
E-mail: srandall@randallslaw.com
MICHAEL E. FRANKLIN: Dodiya Files Suit in Del. Chancery Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Michael E. Franklin,
et al. The case is styled as Seetal Dodiya, and all others
similarly situated v. Michael E. Franklin; Anuraag Agarwal; Denise
M. Faltischek; Ira J. Lamel; Irwin D. Simon; Martin E. Franklin;
Michael F. Goss; Ozark Holdings LLC; Sababa Holdings Free LLC;
Steven M. Cohen; Sweet Oak Merger Sub, LLC; Whole Earth Brands,
Inc.; Case No. 2025-0932-LWW (Del. Chancery Ct., Aug. 18, 2025).
The case type is stated as "Breach of Fiduciary Duties."
Zenith Electronics LLC -- https://zenith.com/ -- is a leading US
technology development and licensing company.[BN]
The Plaintiffs are represented by:
Corinne Elise Amato, Esq.
Eric J. Juray, Esq.
Kirsten M. Valania, Esq.
PRICKETT, JONES & ELLIOTT, P.A.
1310 N. King Street
Wilmington, DE 19801
Phone: (302) 888-6500
Email: ceamato@prickett.com
ejjuray@prickett.com
kmvalania@prickett.com
- and -
Christopher H. Lyons, Esq.
Jason M. Avellino, Esq.
Tayler D. Bolton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
1521 Concord Pike, Suite 301
Wilmington, DE 19803
Phone: (302) 467-2660
Email: clyons@rgrdlaw.com
javellino@rgrdlaw.com
tbolton@rgrdlaw.com
- and -
Randall J. Baron, Esq.
David A. Knotts, Esq.
Michaela Park, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Phone: (619) 231-1058
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Phone: (484) 258-1585
MICHELS CORP: Bid to Dismiss 3rd Amended Beyer Suit OK'd in Part
----------------------------------------------------------------
In the case captioned as Amanda Beyer, Plaintiff v. Michels
Corporation, Defendant, Case No. 21-cv-514-pp (E.D. Wis.), Chief
District Judge Pamela Pepper of the U.S. District Court for the
Eastern District of Wisconsin grants in part the Defendant's motion
to dismiss the third amended complaint and denies as moot the
Plaintiff's motion for class certification.
The Court ordered that Counts I, II and III of the third amended
complaint are dismissed with prejudice.
The Plaintiff filed this case in April 2021, alleging that the
defendant failed to compensate employees for time worked before
their scheduled shift, failed to count as hours worked the time
during which their lunch breaks were interrupted and failed to
include annual bonuses in computing their regular rate for overtime
pay.
The case has a complex procedural history. The Plaintiff filed
multiple amended complaints after the court granted motions to
dismiss earlier versions. During a May 17, 2024 status conference,
the court opined that the proposed third amended complaint was so
unclear that it was 'difficult, if not in some places impossible,
to figure out which claims apply where and to whom and even how
many claims there are. The court granted Plaintiff leave to file a
corrected version and warned that this was Plaintiff's last shot to
craft an intelligible complaint.
The Plaintiff alleged she worked as an inventory specialist from
September 2019 to April 2021 and regularly began working 15 to 45
minutes prior to her scheduled start time of 6 a.m." She claimed
that supervisors could adjust punch--in times and that Defendant's
payroll software would round these adjusted times rather than
original punch--in times, resulting in employees receiving credit
for fewer hours worked per week than they actually worked,
depriving them of overtime pay.
The third amended complaint contained four counts: 1. Count I:
Failure to Properly Compensate Employees Whose Jobs Required Them
to Use Their Michels Assigned Computers on a Daily Basis; 2. Count
II: Unlawful Rounding of Supervisor Approved/Adjusted Punch-in and
Punch-out Times; 3. Count III: Unlawful Payroll Deduction of Meal
Time Worked: Defendant violated the FLSA and Wisconsin law by
rounding meal period punches and deducting employees' hours worked
for meal periods shorter than 30 min.; and 4. Count IV: Individual
Claim for Meal Periods that were Interrupted by Work: Alleges that
the plaintiff is entitled to recover under the FLSA and Wisconsin
law for her meal periods that were interrupted by work.
The Defendant argued that Counts I and II of the complaint are
impermissibly 'vague and confusing' and that the Plaintiff
"repeatedly uses the phrase 'supervisor approved/adjusted time'
without explaining what the term means. The Defendant contended
that it is unclear whether the plaintiff is bringing rounding
claims based only on supervisor adjusted punch times or on all
punch times.
The Defendant also argued that the complaint is unintelligible due
to errors and confusing language throughout and that the
allegations are too long and written in a convoluted way that
requires effort to decipher.
The court applied the standard that all a complaint must do is
state a plausible narrative of a legal grievance that, if proved,
would entitle the plaintiff to relief." However, the court noted
that where the lack of organization and basic coherence renders a
complaint too confusing to determine the facts that constitute the
alleged wrongful conduct, dismissal is an appropriate remedy.
Count I Dismissal: The court found that Count I "does not clearly
describe the time for which the defendant allegedly failed to
compensate its employees." The court explained that the count
presents three possible claims: challenging the rounding practice,
the practice of supervisors editing punch-in times, or the failure
to compensate employees for time spent logging into computers
before their workday began. The court noted that adding allegations
about rounding and editing punch-in times into the same count has
made it unclear what claim(s) the plaintiff wants to pursue and
what claims the defendant must defend against." The court
emphasized that "each of the three possible claims would require
different discovery and different defenses." Additionally, the
court found that Count I fails to identify the Wisconsin law the
defendant allegedly violated, noting this was another regression
from the second amended complaint.
Count II Dismissal: The court determined that Count II fares no
better because the allegations supporting Count II are confusing
and inconsistent. This claim divides employees into two buckets:
(1) employees who did not have a computer and/or whose jobs did not
require them to use a computer on a daily basis; and (2) employees
who had a computer and whose jobs required them to use a computer
on a daily basis.
The court noted it was unclear whether the claim challenges only
supervisor edited punches or all punches.
Count III Dismissal: The court found Count III also is unclear
because the plaintiff alleges multiple meal break claims under the
same heading. The court stated it cannot determine how that alleged
policy relates to rounding" and concluded that it is not clear what
claim the plaintiff is pursuing in Count III. Count II is
especially confusing regarding the computer users, because Count I
also challenges the defendant's alleged practice of editing
punch-in times and alleges that employees were working prior to
their assigned start times.
Count IV Survives: The court allowed Count IV to proceed, noting
that while unnecessarily wordy and, in places, confusing, it seems
to present only a single claim that matches the heading.
Because the Plaintiff has had several opportunities to draft a
proper complaint, the court dismissed the class claims with
prejudice. The court ordered that the defendant must answer Count
IV of the third amended complaint by the end of the day on Sept. 2,
2025.
A copy of the Court's case is available at
https://urlcurt.com/u?l=fCIW2H from Pacermonitor.com.
MID AMERICA PHYSICIAN: Buehler Suit Removed to D. Kansas
--------------------------------------------------------
The case captioned as Ashley Buehler, on behalf of themselves and
all others similarly situated v. MID AMERICA PHYSICIAN SERVICES,
LLC, Case No. JO-2025-CV-001824 was removed from the District Court
of Johnson Couty, Kansas, to the United States District Court for
District of Kansas on Aug. 22, 2025, and assigned Case No.
2:25-cv-02489.
The Plaintiff alleges that MAPS failed to comply with Federal Trade
Commission ("FTC") guidelines. The Plaintiff further alleges that
MAPS failed to comply with industry standards. Further, the
Plaintiff claims that the Defendant's alleged failures caused a
security breach which allowed highly sensitive data, including PII
and PHI, to be stolen and used for fraudulent purposes.[BN]
The Defendants are represented by:
Kathleen Fisher Enyeart, Esq.
LATHROP GPM LLP
2345 Grand Blvd., Suite 2200
Kansas City, MO 64108-2618
Phone: (816) 292-2000
Facsimile: (816) 292-2001
Email: kathleen.fisherenyeart@lathropgpm.com
MIDEA AMERICA CORP: Bradshaw Suit Transferred to S.D. New York
--------------------------------------------------------------
The case styled as Stephen Bradshaw, individually and on behalf of
all others similarly situated v. Midea America Corp., Case No.
2:25-cv-11055 was transferred from the U.S. District Court for the
District of New Jersey, to the U.S. District Court for the Southern
District of New York on Aug. 27, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07102-UA to the
proceeding.
The nature of suit is stated as Other Fraud for Contract Default.
Midea -- https://www.midea.com/ -- is the world's largest producer
of major appliances with a mission to create surprisingly-friendly
solutions.[BN]
The Plaintiff is represented by:
Zachary P. Arbitman, Esq.
FELDMAN SHEPHERD WOHLGELERNTER TANNER WEINSTOCK DODIG
LLP
1845 Walnut St., 21st Floor
Philadelphia, PA 19103
Phone: (215) 567-8300
Fax: (215) 567-8333
The Defendant is represented by:
Caroline Pignatelli, Esq.
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Phone: (212) 479-6679
Fax: (212) 479-6275
MISSION ROCK: Popat Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Mission Rock Parcel A
Owner, LLC, et al. The case is styled as Justin Popat, Dr. Rimisha
Lal, similarly situated Plaintiffs v. Mission Rock Parcel A Owner,
LLC, Source Planning And Construction, Inc., Does 1 to 20, Case No.
CGC25628328 (Cal. Super. Ct., San Francisco Cty., Aug. 20, 2025).
The case type is stated as "Contract/Warranty."[BN]
The Plaintiffs are represented by:
Hari S. Lal, Esq.
LAL HARRIS & EDWARDS LAW GROUP
1020 South Anaheim Boulevard # 202
Anaheim, CA 92805
Phone: 714-635-1646
Email: tfriedman@toddflaw.com
MITSUBISHI CHEMICAL: Court Narrows Claims in Humphries Suit
-----------------------------------------------------------
In the class action lawsuit captioned as ROBERT HUMPHRIES and
DENNIS MOWRY, individually and on behalf of all others similarly
situated, v. MITSUBISHI CHEMCIAL AMERICA, INC., MITSUBISHI CHEMICAL
AMERICA EMPLOYEES' SAVINGS PLAN ADMINISTRATIVE COMMITTEE, and JANE
AND/OR JOHN DOES 1-10 Case No. 1:23-cv-06214-JLR (S.D.N.Y.), the
Hon. Judge Jennifer Rochon entered an order granting in part and
denying in part the Defendants' motion to dismiss.
The Plaintiffs' excessive fees claim is dismissed with prejudice.
The Plaintiffs' claims as to the Board of Directors are dismissed
with prejudice.
However, the Defendants' motion to dismiss is denied with respect
to the Plaintiffs' share class claim. The Clerk of Court is
directed to terminate the motion at Dkt. 59.
The Court finds that Plaintiffs have not adequately pleaded a claim
against the individual members of the Board of Directors and that
the Board of Directors should therefore be dismissed from this case
with prejudice.
The Plaintiffs bring this putative class action under the Employee
Retirement Income Security Act of 1974 (ERISA), against their
former employer Defendants.
The Plaintiffs allege that, with respect to the Mitsubishi Chemical
America Employees’ Savings Plan (the “Plan”), Defendants
violated their fiduciary obligations under federal law by failing
to monitor share class discounts available to the Plan and the
Plan’s administrative fees and expenses.
On Dec. 6, 2024, Plaintiffs filed the Amended Complaint, adding
Mowry as a plaintiff and dropping the stable value fund claim. See
generally AC. On January 31, 2025, Defendants filed a motion to
dismiss the Amended Complaint.
Mitsubishi is engaged in the rolling, drawing, and production of
aluminum ingot.
A copy of the Court's opinion and order dated Aug. 19, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=W6BEYW
at no extra charge.[CC]
MONSANTO COMPANY: Guarino Sues Over Defective Herbicide Roundup
---------------------------------------------------------------
GINA GUARINO v. MONSANTO COMPANY, Case No. 2:25-cv-0173 (E.D. La.,
Aug. 25, 2025) is brought by the Plaintiff, on behalf of himself
and similarly situated individuals, for damages suffered as a
direct and proximate result of the Defendant's negligent and
wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing, advertising,
distribution, labeling, and/or sale of the herbicide Roundup(TM),
containing the active ingredient glyphosate.
The Plaintiff maintains that Roundup(TM) and/or glyphosate is
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use. The
Plaintiff's injuries, like those striking thousands of similarly
situated victims across the country, were avoidable.
"Roundup" refers to all formulations of Defendant's Roundup
products, including, but not limited to, Roundup Concentrate Poison
Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup
D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide,
Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass
Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup
Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro
Concentrate, Roundup Prodry Herbicide, Roundup Promax, Roundup Quik
Stik Grass and Weed Killer, Roundup Quikpro Herbicide, Roundup
Rainfast Concentrate Weed & Grass Killer, Roundup Rainfast Super
Concentrate Weed & Grass Killer, Roundup Ready-to-Use Extended
Control Weed & Grass Killer 1 Plus Weed Preventer, Roundup
Ready-to-Use Weed & Grass Killer, Roundup Ready-to-Use Weed and
Grass Killer 2, Roundup Ultra Dry, Roundup Ultra Herbicide, Roundup
Ultramax, Roundup VM Herbicide, Roundup Weed & Grass Killer
Concentrate, Roundup Weed & Grass Killer Concentrate Plus, Roundup
Weed & Grass Killer Ready-to-Use Plus, Roundup Weed & Grass Killer
Super Concentrate, Roundup Weed & Grass Killer 1 Ready-to-Use,
Roundup WSD Water Soluble Dry Herbicide Deploy Dry Herbicide, or
any other formulation of containing the active ingredient
glyphosate.
The Plaintiff was exposed to Roundup in Jefferson Parish, Louisiana
for years in the State of Louisiana and was diagnosed with
Non-Hodgkin’s Lymphoma in around 2014 with a recurrence in 2025.
Monsanto was an American agrochemical and agricultural
biotechnology corporation, known for developing the herbicide
Roundup and genetically modified seeds. It was acquired by Bayer in
2018.[BN]
The Plaintiff is represented by:
John C. Enochs, Esq.
Betsy Barnes, Esq.
MORRIS BART LLC
601 Poydras Street, 24th Floor
New Orleans LA 70130
Telephone: (504) 525-8000
Facsimile: (833) 277-4214
E-mail: jenochs@morrisbart.com
bbarnes@morrisbart.com
NATURE REPUBLIC: Website Inaccessible to the Blind, Henry Claims
----------------------------------------------------------------
CONSTANCE HENRY, on behalf of herself and all others similarly
situated v. Nature Republic International, LLC, Case No.
1:25-cv-10236 (N.D. Ill., Aug. 27, 2025) alleges that the Defendant
failed to design, construct, maintain, and operate their website to
be fully accessible to and independently usable by the Plaintiff
and other blind or visually-impaired persons, in violation of the
Americans with Disabilities Act.
According to the complaint, the Defendant is denying blind and
visually impaired persons throughout the United States with equal
access to the goods and services Poseidon Brands provides to their
non-disabled customers through Roti.com.
Accordingly, Naturerepublicusa.com contains significant access
barriers that make it difficult if not impossible for blind and
visually-impaired customers to use the website. In fact, the access
barriers make it impossible for blind and visually-impaired users
to even complete a transaction on the website.
Thus, Nature Republic International excludes the blind and
visually-impaired from the full and equal participation in the
growing Internet economy that is increasingly a fundamental part of
the common marketplace and daily living, the suit alleges.
Naturerepublicusa.com provides to the public a wide array of the
goods, services, price specials and other programs offered by
Nature Republic International.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Achan@ealg.law
NEST BEDDING: Faces Tower Suit Over Website's Unlawful Pricing
--------------------------------------------------------------
STEPHEN TOWER, individually and on behalf of all others similarly
situated v. NEST BEDDING, INC. and DOES 1–10, Case No.
1:25-at-00713 (E.D. Cal., Aug. 21, 2025) concerns deceptive
representations and omissions made by the Defendant through its
alleged misleading and unlawful pricing, sales, and discounting
practices on its website, which directly violate California law and
deceive the reasonable consumer.
Accordingly, the Defendant's website listed various items on sale
or discount, and pictured a stricken, supposedly former or
prevailing market price, next to the current purported "sale"
price.
However, the former or prevailing market price listed next to the
sales price was not actually the former or prevailing market price
at which the product was sold in the previous three months.
Instead, it was a false or inflated price used to trick consumers
into believing they were receiving a discount on their purchase.
Such former prices are false because the item had not been listed
for sale or sold on the website in the previous three months at the
listed former price, says the suit.
NEST BEDDING, INC. sells and markets mattress and bedding products
online through the Nest Bedding website, www.nestbedding.com. [BN]
The Plaintiff is represented by:
Caleb LH Marker, Esq.
Jessica M. Liu, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd, Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: caleb.marker@zimmreed.com
jessica.liu@zimmreed.com
- and -
Tyler B. Ewigleben, Esq.
JENNINGS & EARLEY PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
Telephone: (501) 372-1300
E-mail: chris@jefirm.com
tyler@jefirm.com
winston@jefirm.com
NORTHERN INDIANA: Fails to Pay Proper Wages, Skonieczny Says
------------------------------------------------------------
RODNEY M. SKONIECZNY, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHERN INDIANA PUBLIC SERVICE
CO., LLC d/b/a NIPSCO, Defendant, Case No. 2:25-cv-00384 (N.D.
Ind., Aug. 20, 2025) seeks to recover from the Defendant unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiff Skonieczny was employed by the Defendant as a station
operator.
Northern Indiana Public Service Co., LLC provides utility services.
The Company generates, transmits, and distributes electricity and
natural gas. [BN]
The Plaintiff is represented by:
Robert P. Kondras, Jr., Esq.
HASSLER KONDRAS MILLER LLP
100 Cherry St.
Terre Haute, IN 47807
Telephone: (812) 232-9691
Facsimile: (812) 234-2881
Email: kondras@hkmlawfirm.com
NPAS SOLUTIONS: Court OKs $429,600 Atty Fee Award in TCPA Case
--------------------------------------------------------------
In the case captioned as Charles S. Fishman, on behalf of himself
and others similarly situated, Plaintiffs, v. NPAS Solutions, LLC,
Defendant, Civil Action No. 17-CV-80393-RLR (S.D. Fla.), Judge
Robin L. Rosenberg of the United States District Court for the
Southern District of Florida approved class counsel's requested
fees for the third time following an appellate court remand.
The Court granted class counsel's motion for $429,600 in attorney
fees and $3,475.52 for litigation costs and expenses, which is 30%
of the settlement fund. The case originated as a Telephone Consumer
Protection Act (TCPA) class action that resulted in a $1,432,000
settlement for the class.
The Eleventh Circuit previously reversed the Court's decision in
part, finding that one of the grounds upon which the Court granted
fees (the time and labor expended by class counsel) did not have
adequate support in the record.
The Eleventh Circuit vacated the part of the order granting the
requested attorneys' fees, and remanded for further proceedings
consistent with this opinion. The appellate court found error
because the district court didn't make class counsel show their
work. Following remand, class counsel provided billing records
reflecting 918.4 hours of work, representing $498,855 in labor
costs.
The District Court applied the Johnson v. Georgia Highway Express
factors to determine reasonable attorney fees. Under Eleventh
Circuit precedent, courts must evaluate 16 factors including:
(1) The time and labor involved;
(2) The novelty and difficulty of the questions;
(3) The skill requisite to perform the legal service properly;
(4) The preclusion of other employment by the attorney due to
acceptance of the case;
(5) The customary fee;
(6) Time limitations imposed by the client or the
circumstances;
(7) The amount involved and the results obtained;
(8) The experience, reputation, and ability of the attorneys;
(9) The undesirability of the case
(10) The nature and length of the professional relationship
with the client;
(11) Awards in similar cases
(12) The time required to reach a settlement
(13) Whether there are any substantial objections by class
members or other parties to the settlement terms or the fees
requested by counsel
(14) Any non-monetary benefits conferred upon the class by the
settlement
(15) The economics involved in prosecuting a class action and
(16) Any additional factors unique to a particular case.
The Court found that class counsel invested a good deal of time and
labor in litigating this case over more than a year. During that
time, the Defendant moved to dismiss and moved to strike
allegations from the Plaintiff's Complaint. Class counsel
represented they devoted significant time and resources to this
case through investigating facts, preparing complaints, researching
law, amending complaints, preparing discovery requests, negotiating
responses, researching class certification issues, working with
expert witnesses, and settling the matter.
Regarding the novelty and difficulty of legal questions, the Court
determined that class counsel grappled with complicated questions,
including the question of consent, when preparing for class
certification. The legal landscape was uncertain, as counsel
explained: A lot of the issues are up in the air and there is
uncertainty. One certain thing is the outcome here is uncertain
given the flux of the law.
The Court found the case required specialized skills and that class
counsel possessed extensive TCPA experience, having served as class
counsel in at least 12 TCPA class action cases filed in federal
court and many more consumer protection class action cases filed in
federal and state court.
On the customary fee factor, the Court determined that 30% is a
customary fee often awarded in TCPA class action cases and cited
precedent showing awards of one-third are consistent with the trend
in this Circuit.
The Court emphasized the results obtained and undesirability of the
case as crucial factors. Class counsel obtained a favorable result
for the class by securing the $1,432,000 settlement. The Court
noted that if the case had been filed today, instead of in 2017,
the case very likely would not have resulted in a favorable
settlement for the class because the Supreme Court's decision in
Facebook, Inc. v. Duguid, eliminated liability in this type of case
on the part of the Defendant.
Addressing objections, the Court found they were substantial given
that objector Ms. Jenna Dickenson pursued an extensive appellate
process attempting to invalidate the entire settlement agreement
for six years, requiring class counsel to defend the settlement
continuously.
The Court concluded that class counsel worked on a contingency
basis without compensation, making the case inherently undesirable
and risky for them. The Court determined it was valuable to award
30% of the settlement fund to class counsel to incentivize other
attorneys to take on similar cases in order to protect consumers
with meritorious claims.
Therefore, the Court ordered that class counsels request for a 30%
fee award fair and reasonable.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=0OYlPk from PacerMonitor.com.
NUTEX HEALTH: Faces Bhagava Class Suit Over Stock Price Drop
------------------------------------------------------------
ANJANA BHAGAVAN, individually and on behalf of all others similarly
situated v. NUTEX HEALTH INC., THOMAS T. VO, JON C. BATES, and
WARREN HOSSEINION, Case No. 4:25-cv-03999 (S.D. Tex., Aug. 22,
2025) is a federal securities class action on behalf of a class
consisting of all persons and entities other than Defendants that
purchased or otherwise acquired Nutex securities between August 8,
2024 and August 14, 2025, both dates inclusive, seeking to recover
damages caused by the Defendants' violations of the federal
securities laws and to pursue remedies under Securities Exchange
Act of 1934.
According to the complaint, Nutex generally operates as an
out-of-network provider and generates revenue, in part, from
contracts with patients and, in most cases, a third-party payor
such as commercial insurance, workers compensation insurance or, in
limited cases, Medicare or Medicaid.
On July 22, 2025, Blue Orca Capital issued a short report on Nutex.
The Blue Orca Report alleged that "HaloMD achieved dramatically
lucrative results for clients like Nutex by engaging in a
coordinated fraudulent scheme to steal millions of dollars from
insurance companies on behalf of and in conjunction with its
healthcare billing clients.
However, after the market closed on August 14, 2025, the Company
issued a press release announcing a delay in filing its 2025 second
quarter financial statements.
When Nutex failed to rebut the allegations of the Blue Orca Report
as they had previously indicated, the Company's stock price fell
$18.22 per share, or 16.39%, to close at $92.91 per share on August
15, 2025. As a result of Defendants' wrongful acts and omissions,
and the precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
Nutex is a physician-led, healthcare services and operations
company that began publicly trading via a reverse merger in April
2022. The Company operates through three divisions: a hospital
division comprised of 24 hospital facilities in 11 states, a
population health management division, and real estate.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, 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
- and -
Corey D. Holzer, Esq.
HOLZER & HOLZER, LLC
211 Perimeter Center Parkway, Suite 1010
Atlanta, Georgia 30346
Telephone: (770) 392-0090
Facsimile: (770) 392-0029
E-mail: cholzer@holzerlaw.com
OHIO MEDICAL: Fails to Secure Personal, Health Info, Doe Suit Says
------------------------------------------------------------------
JOHN DOE, on behalf of himself and all others similarly situated v.
OHIO MEDICAL ALLIANCE LLC d/b/a OHIO MARIJUANA CARD, Case No.
1:25-cv-01765 (N.D. Ohio, Aug. 25, 2025) arises from the
Defendant's deliberate failure to timely report the public exposure
of its patients' and employees' private identifying information and
private health information made the victims vulnerable to identity
theft without any warnings to monitor their financial accounts or
credit reports to prevent unauthorized use of their PII/PHI.
Accordingly, the Defendant knew or should have known that each
victim of its gross negligence deserved prompt and efficient notice
of the Cybersecurity Incident, as well as assistance in mitigating
the effects of PII/PHI misuse.
In failing to adequately protect its patients' and employees'
information and adequately notify them about the incident,
Defendant violated state law and harmed an unknown number of its
patients and employees, asserts the suit.
The Plaintiff and the Class are victims of Defendant's negligence
and inadequate cybersecurity measures. Specifically, Plaintiff and
members of the proposed Class trusted Defendant with their PII/PHI.
But Defendant betrayed that trust when Defendant made records
containing its employees' and patients' PII/PHI publicly available.
The Plaintiff is a former patient of Defendant.
The Defendant is a limited liability company incorporated in Ohio,
with its headquarters at 4500 Rockside Road, Independence, OH
44131. It has marijuana doctor office locations located in every
major city in Ohio, as well as clinics in Arkansas, Kentucky,
Louisiana, Virginia, and West Virginia.[BN]
The Plaintiff is represented by:
Terence R. Coates, Esq.
Dylan J. Gould, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
dgould@msdlegal.com
- and -
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, PLLC
980 N. Michigan Ave., Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: raina@straussborrelli.com
OONI INC: Website Inaccessible to the Blind, Knowles Alleges
------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all other persons
similarly situated v. OONI, INC, Case No. 1:25-cv-06989 (S.D.N.Y.,
Aug. 25, 2025) sues the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://fazitbeauty.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, pursuant to the Americans with
Disabilities Act.
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
suit.
The Defendant operates the Ooni online retail store, as well as the
Ooni 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 PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
OREGON: Settlement Must Include All Kids in Care, 9th Cir Says
--------------------------------------------------------------
In the case captioned as WYATT B.; NOAH F., by their next friend
Michelle McAllister; KYLIE R.; ALEC R., by their next friend
Kathleen Megill Strek; UNIQUE L., by her next friend Annette Smith;
SIMON S.; BERNARD C.; NAOMI B.; NORMAN N., Plaintiffs-Appellants,
v. TINA KOTEK, Governor of Oregon in her official capacity;
FARIBORZ PAKSERESHT, Director, Oregon Department of Human Services
in his official capacity; APRILLE FLINT-GERNER, Director, Child
Welfare in her official capacity; OREGON DEPARTMENT OF HUMAN
SERVICES, Defendants-Appellees, Nos. 24-4689, 24-6384, D.C. No.
6:19-cv-00556-AA (9th Cir.), Circuit Judge Lucy H. Koh of the
United States Court of Appeals for the Ninth Circuit reversed the
district court's interpretation of the term Child in Care in a
class action settlement agreement between the Oregon Department of
Human Services and a class of Oregon foster children who
experienced serious abuses while in ODHS's legal custody.
In 2019, 10 foster children filed a putative class action on behalf
of "All children for whom ODHS has or will have legal
responsibility and who are or will be in the legal and physical
custody of ODHS." Plaintiffs alleged that ODHS violated the
substantive due process rights of class members to be free from
serious abuses while in ODHS's legal custody. After years of
litigation, the parties reached a Settlement Agreement on the eve
of trial, which incorporated the General Class definition from the
district court's class certification order.
The parties disputed whether the term "Child in Care" included two
sets of children:
(1) Children over whom ODHS has legal custody, but who have
not been removed from their parents' home ("Not-Removed Children"),
and
(2) Removed children in ODHS's legal custody who had been
temporarily placed back in their parent's home on a trial basis for
a period not to exceed six months ("THV Children").
As part of the Settlement Agreement, the parties agreed to submit
these remaining issues to the district court after further
briefing.
The district court ruled in favor of ODHS, finding that the scope
of Child in Care excluded the Disputed Children. The district court
found that children living with their biological parents do not
have substantive due process rights to be free from serious abuses
while in ODHS's legal custody. Accordingly, it found that the
Disputed Children were not beneficiaries of the Settlement
Agreement.
The Court of Appeals rejected ODHS's argument that any claim on
behalf of the Disputed Children had been waived because Plaintiffs
neither included allegations about children in the care of their
parents in the Complaint nor advanced arguments about such children
throughout the litigation. The Court found no support for that
position in the record.
The Court noted that ODHS's argument was patently inconsistent with
the district court's underlying class certification order." In that
order, the district court explicitly discussed the 12% of Oregon's
7,260 foster children who were in Trial Home Visit status.
The General Class definition remained unchanged since the class was
certified in August 2022 and consisted of All children for whom
ODHS has or will have legal responsibility and who are or will be
in the legal or physical custody of ODHS.
The Court of Appeals held that the Disputed Children have a
substantive due process right to be free from serious abuses while
in ODHS's legal custody. The Court applied de novo review to the
district court's decision regarding the scope of a constitutional
right.
The Court explained that while the 14th Amendment's Due Process
Clause generally does not confer any affirmative right to
governmental aid and typically does not impose a duty on the state
to protect individuals from third parties, there are two important
exceptions. First, there is the special relationship exception when
a custodial relationship exists between the plaintiff and the State
such that the State assumes some responsibility for the plaintiff's
safety and well--being.
The Court held that the special relationship exception applies to
the Disputed Children because they are in the legal custody of
ODHS. "By assuming control over virtually all aspects of a child's
life through wardship and legal custody, ODHS restrains the child's
liberty in a manner that gives rise to a protected interest under
the Due Process Clause."
The Court emphasized that once the state assumes wardship of a
child, the state owes the child, as part of that person's protected
liberty interest, reasonable safety and minimally adequate care and
treatment appropriate to the age and circumstances of the child.
Oregon law strips biological parents of rights they might otherwise
have, including the right to provide the child with care,
education, discipline, and the right to authorize medical care for
the child when ODHS has legal custody.
The Court noted that the Ninth Circuit has repeatedly held that
children who are placed with foster parents, but who remain wards
of the state and within the legal custody of the state, are
protected by the Due Process Clause. The Court found that some
children who are wards of the state and in the state's legal
custody are placed with their biological parents, rather than with
foster parents, does not affect the existence of due process
protections.
The Court distinguished cases relied upon by the district court,
finding them inapposite and do not support the district court's
categorical physical custody requirement for substantive due
process protections. The Court noted that in contrast to cases like
DeShaney, Murguia, and Patel, ODHS takes legal custody of the
Disputed Children, and with that legal custody, ODHS assumes
responsibility for virtually all aspects of their lives.
For the reasons discussed, the Court of Appeals reversed the
district court's order and remanded for further proceedings
consistent with this opinion. The Court held that the Disputed
Children were covered by the term Child in Care, as used in the
settlement agreement, because they are afforded substantive due
process protections while in ODHS's legal custody.
A copy of the Court of Appeals decision is available at
https://urlcurt.com/u?l=VA9G05 from pacermonitor.com
ORVILLE'S APPLIANCE: Website Inaccessible to the Blind, Ortiz Says
------------------------------------------------------------------
JOSEPH ORTIZ, on behalf of himself and all other persons similarly
situated v. ORVILLE'S APPLIANCE INC, Case No. 1:25-cv-00788
(W.D.N.Y., Aug. 26, 2025) alleges that the Defendant failed to
design, construct, maintain, and operate its interactive website,
https://www.orvilles.com, to be fully accessible to and
independently usable by 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 and The Rehabilitation Act of 1973, Section 504 et
seq. prohibiting discrimination against the blind.
Because the Defendant's interactive website, including all portions
thereof or accessed thereon, is not equally accessible to blind and
visually-impaired consumers, it violates the ADA.
The 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.
The Defendant offers the commercial website,
https://www.orvilles.com/, to the public. The Website offers
features which should allow all consumers to access the goods and
services offered by Defendant and which Defendant ensures delivery
of such goods and services throughout the United States including
New York State.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
OTTER.AI INC: Faces Walker Class Suit Biometric Data Collection
---------------------------------------------------------------
ASPER PIERSON WALKER and MICHAEL WALKER, on behalf of themselves
and all other similarly situated individuals, v. OTTER.AI, INC.,
Case No. 5:25-cv-07187 (N.D. Cal., Aug. 26, 2025) arises out of
Defendant's collection and use of Plaintiffs' sensitive biometric
data, which occurred without Plaintiffs' knowledge or consent.
The Defendant is a transcription software company that uses
artificial intelligence to power its products. The Defendant's
software (Otter.ai) integrates with video-conference platforms like
Zoom. When in use, Otter records all speakers on a video-conference
and creates a voiceprint associated with each of them. It then uses
this voiceprint to create a transcript of the meeting. And it
stores each voiceprint so that, in future meetings, Otter can
identify the same individuals and transcribe their conversations.
The voiceprints that Otter collects qualify as biometric data
subject to BIPA's protections. Voiceprints are often used to
authenticate individuals' identities when those individuals seek
access to restricted personal or financial information. Thus,
individuals whose voiceprints are stolen or compromised are at
increased risk of identity theft and fraud, says the suit.
Accordingly, BIPA requires that private entities notify, and obtain
consent from, individuals before collecting their voiceprints. The
Defendant violates these requirements. Otter automatically collects
voiceprints from video-conference participants without notifying
them that it is collecting their biometric information, much less
obtaining their consent to that collection, asserts the suit.
As a result, the Plaintiffs and members of the class are entitled
to statutory damages and injunctive relief. The Defendant must
compensate Plaintiffs and members of the Class for its unauthorized
collection of their sensitive data, and it must permanently delete
that data to ensure Plaintiffs and Class members are not subject to
fraud or identity theft, the suit adds.
Otter.ai, Inc. is a Mountain View, California-based technology
company founded in 2016 that develops AI-powered transcription and
meeting collaboration software. [BN]
The Plaintiff is represented by:
Anne R. Kramer, Esq.
Douglas M. Werman, Esq.
John J. Frawley, Esq.
WERMAN SALAS P.C.
77 W. Washington St., Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: akramer@flsalaw.com
dwerman@flsalaw.com
jfrawley@flsalaw.com
PACIFIC COAST: Carrillo Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Pacific Coast
Producers, et al. The case is styled as Michael Carrillo,
individually, and on behalf of all others similarly situated v.
Pacific Coast Producers, Express Services, Inc., Case No.
STK-CV-UOE-2025-0012142 (Cal. Super. Ct., San Joaquin Cty., Aug.
27, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Pacific Coast Producers -- https://pacificcoastproducers.com/ -- is
an agricultural cooperative owned by over 150 family-farms in
Central and Northern California.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
725 South Figueroa St., 31st Floor
Los Angeles, CA 90017
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
PARAMOUNT GLOBAL: Breaches Fiduciary Duties, Hoga Class Suit Says
-----------------------------------------------------------------
ANNETTE HOGAN, individually and on behalf of all others similarly
situated v. PARAMOUNT GLOBAL, f/k/a VIACOMCBS INC., NANCY RAMSEY
PHILLIPS, THE PARAMOUNT GLOBAL ADMINISTRATIVE COMMITTEE, THE
PARAMOUNT GLOBAL INVESTMENTS COMMITTEE, and JOHN DOES 1-20, Case
No. 1:25-cv-07128 (S.D.N.Y., Aug. 27, 2025) is a class action
brought pursuant to the Employee Retirement Income Security Act of
1974 (ERISA), against the Defendants for breaches of their
fiduciary duties.
At all times during the Class Period, the Plan had over four
billion dollars in assets under management. At the start of the
Class Period in 2019, the Plan had $4,004,670,649 in assets under
management.
By 2023, the Plan had $6,111,598,456 in assets under management.
See 2023 Form 5500 for the Plan (2023 Form 5500). The Plan's assets
under management qualifies it as a jumbo plan in the defined
contribution plan marketplace, and among the largest plans in the
United States.
In 2021, only 0.2 percent (1,011 of 641,747) of plans in the
country had more than $1 billion in assets under management. In
addition, this was true at the start of the Class Period in 2019
where only 0.1 percent (776 of 603,217) of 401(k) plans in the
country were as large as the Plan.
The Plaintiff resides in Chattanooga, Tennessee. During her
employment, the Plaintiff Hogan participated in the Plan. Ms. Hogan
invested in the Paramount SVF in the Plan and allegedly suffered
injury to her Plan account due to the significant underperformance
of the Paramount SVF.
Paramount Global is the sponsor of the Plan and a named fiduciary
of the Plan with a principal place of business at 1515 Broadway,
New York, New York. Paramount operates as a media and entertainment
company that produces and distributes content through studios,
networks, streaming services, live events, and consumer products.
[BN]
The Plaintiff is represented by:
Mark K. Gyandoh, Esq.
James A. Maro, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Facsimile: (717) 232-3080
E-mail: markg@capozziadler.com
jamesm@capozziadler.com
PARKWAY MOTORS: Sisodia Files TCPA Suit in D. New Jersey
--------------------------------------------------------
A class action lawsuit has been filed against Parkway Motors of
Leonia, Inc. The case is styled as Aayush Sisodia, individually and
on behalf of all others similarly situated v. Parkway Motors of
Leonia, Inc. doing business as: Parkway Toyota, Case No.
2:25-cv-14973 (D.N.J., Aug. 27, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Parkway Motors of Leonia, Inc. doing business as Parkway Toyota --
https://www.parkwaytoyota.com/ -- is a Toyota dealer in Englewood
Cliffs, New Jersey.[BN]
The Plaintiff is represented by:
Kayla Nicole Kershen, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (989) 574-5262
Email: kkershen@shamisgentile.com
PARTY PRODUCTS: Website Inaccessible to Blind Users, Dalton Says
----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. Party Products LLC d/b/a Tupperware,
Defendant, Case No. 0:25-cv-03319 (D. Minn., August 20, 2025)
arises because Defendant's website, www.tupperware.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 and
its implementing regulations.
As a consequence of Plaintiff's 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,
relates the complaint.
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, asserts the complaint.
In addition to her claim under the ADA, the Plaintiff also asserts
a companion cause of action under the Minnesota Human Rights Act.
The Plaintiff seeks a permanent injunction requiring a change in
Defendant's corporate policies to cause its online store to become,
and remain, accessible to individuals with visual disabilities.
Party Products LLC, d/b/a Tupperware, offers food storage and
cooking supplies for sale, including but not limited to, food
storage containers, cookware, bakeware, serving dishes, water
bottles, kitchen tools and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
POINTCLICKCARE TECHNOLOGIES: Levine Sues Over Unprotected Info
--------------------------------------------------------------
GLORIA LEVINE, on behalf of himself and all others similarly
situated v. POINTCLICKCARE TECHNOLOGIES USA CORP. d/b/a
POINTCLICKCARE, Case No. 2:25-cv-00730-RJS (D. Utah, Aug. 27, 2025)
is a class action arises from the Defendant's failure to protect
highly sensitive data.
According to the complaint, the Defendant stores a litany of highly
sensitive personal identifiable information (PII) and Protected
Health Information about its clients' current and former patients.
But Defendant lost control over that data when cybercriminals
infiltrated its insufficiently protected computer systems in a data
breach.
The Data Breach has impacted thousands of Defendant's clients'
former and current patients. In other words, the Defendant had no
effective means to prevent, detect, stop, or mitigate breaches of
its systems -- thereby allowing cybercriminals unrestricted access
to its clients' current and former patients' PII/PHI, asserts the
suit.
The Defendant is a Canadian cloud-based healthcare software
provider which offers a variety of electronic health record,
connectivity, finance, and workflow solutions to long-term and
post-acute health-care providers.[BN]
The Plaintiff is represented by:
Jason R. Hull, Esq.
Anikka T. Hoidal, Esq.
MARSHALL OLSON & HULL, PC
Ten Exchange Place, Suite 350
Salt Lake City, UT 84111
Telephone: (801) 456-7655
E-mail: JHULL@MOHTRIAL.COM
AHOIDAL@MOHTRIAL.COM
- and -
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
E-mail: RAINA@STRAUSSBORRELLI.COM
POMEROY LIVING: Perrin Seeks to Recover Unpaid OT Under FLSA
------------------------------------------------------------
NATASHA PERRIN, individually and on behalf of all others similarly
situated v. POMEROY LIVING MANAGEMENT LLC, a Michigan limited
liability company, Case No. 4:25-cv-12618-SDK-KGA (E.D. Mich., Aug.
21, 2025) seeks to recover unpaid overtime compensation, liquidated
damages, attorney's fees, costs, and other relief as appropriate
under the Fair Labor Standards Act.
According to the complaint, the Plaintiff started working for
Defendant approximately January 4, 2023, and is currently employed
with Defendant as a non-exempt, hourly employee.
The Plaintiff's base hourly rate of pay is $19.89. In addition to
the base rate of pay, the Defendant incorporated various types of
routine and non-discretionary pay into its compensation structure.
For example, Defendant provided Plaintiff and others with bonus pay
and shift differentials. Throughout the Plaintiff's employment with
Defendant, the Defendant failed to properly calculate Plaintiff's
bonus pay and other non-discretionary remuneration in the regular
rate for proper overtime rate calculation, asserts the suit.
The Plaintiff is an adult resident of Clinton Township, Michigan
and is currently employed with Defendant.
The Defendant is headquartered in Troy, Michigan, and employs
hundreds of hourly employees in multiple facilities located within
the State of Michigan.[BN]
The Plaintiff is represented by:
Jason J. Thompson, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, Michigan 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
PRESBYTERIAN HEALTHCARE: Martinez Suit Transferred to E.D. Missouri
-------------------------------------------------------------------
The case styled as Jesse Martinez, individually and on behalf of
all others similarly situated v. Presbyterian Healthcare Services,
Thompson Coburn LLP, Case No. 1:24-cv-01290 was transferred from
the U.S. District Court for the District of New Mexico, to the U.S.
District Court for the Eastern District of Missouri on Aug. 22,
2025.
The District Court Clerk assigned Case No. 4:25-cv-01263-HEA to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Presbyterian Healthcare Services -- https://www.phs.org/ -- is
committed to improving access to health care, behavioral health,
health insurance coverage, community supports.[BN]
The Plaintiff is represented by:
Anthony Parkhill, Esq.
Ben Barnow, Esq.
BARNOW AND ASSOCIATES PC
205 W. Randolph Street, Suite 1630
Chicago, IL 60606
Phone: (312) 621-2000
Email: aparkhill@barnowlaw.com
b.barnow@barnowlaw.com
- and -
Mark Fine, Esq.
FINE LAW FIRM
220 Ninth Street Nw
Albuquerque, NM 87102
Phone: (505) 243-4541
Phone: mark@thefinelawfirm.com
The Defendant is represented by:
Daniel Raymond, Esq.
ARNOLD AND PORTER LLP - Chicago
70 West Madison Street, Suite 4200
Chicago, IL 60602
Phone: (312) 583-2379
Email: daniel.raymond@arnoldporter.com
- and -
Kenneth L. Chernof, Esq.
ARNOLD AND PORTER LLP - DC
601 Massachusetts Avenue NW, Suite 40016
Washington, DC 20001
Phone: (202) 942-5940
Fax: (202) 942-5999
Email: ken.chernof@arnoldporter.com
- and -
Charles K. Purcell, Esq.
RODEY DICKASON SLOAN AKIN & ROBB PA
Post Office Box 1888
Albuquerque, NM 87103
Phone: (505) 768-7217
Fax: (505) 768-7395
Email: kpurcell@rodey.com
RALPH LAUREN: Loses Bid to Move ADA Website Accessibility Case
--------------------------------------------------------------
In the case captioned as Richard Paul Merrell, Plaintiff v. Ralph
Lauren Corporation, Defendant, Case No. 23-cv-06669-HSG (N.D.
Cal.), Judge Haywood S. Gilliam, Jr., of the U.S. District Court
for the Northern District of California denies the Defendant's
motion to transfer venue.
In December 2023, Plaintiff Vivian Salazar filed a putative class
action complaint against Defendant alleging claims under the
Americans with Disabilities Act and Unruh Civil Rights Act. Ms.
Salazar, a resident of Contra Costa County, alleged that due to the
coding of Defendant's website, she was unable to locate Defendant's
physical store locations as a legally blind individual. She sued
Defendant on behalf of a putative nationwide class and a California
statewide class.
In May 2025, counsel filed an amended complaint replacing Ms.
Salazar with Richard Merrell as named plaintiff. Plaintiff brings
the same claims as Ms. Salazar on behalf of identical putative
classes. He similarly alleges that Defendant's failure to ensure
that its website is coded to sufficiently interface with screen
readers prevented him from consummating a purchase, as Defendant's
coding failures made Defendant's website impossible to navigate.
Unlike Ms. Salazar, Plaintiff resides in Riverside County, which is
located within the Central District of California.
Defendant moved to transfer this case to the Central District under
28 U.S.C. Section 1404(a), which permits a district court to
transfer any civil action to any other district or division where
it might have been brought for the convenience of the parties and
witnesses and in the interest of justice. The Court engages in a
two-step analysis: first determining whether the transferee
district was one in which the action might have been brought by the
plaintiff, and second conducting an individualized, case-by-case
consideration of convenience and fairness.
The Court found that Defendant met its burden of showing that this
action could have been brought in the Central District. The Court
noted that given the nature of Plaintiff's claims, his undisputed
residence in Riverside County, and the lack of any detailed
allegations connecting him and his theory of liability to Contra
Costa County, it is reasonable to conclude that Plaintiff likely
suffered his alleged injury in Riverside County. Consequently,
venue would be proper in the Central District.
Regarding Plaintiff's choice of forum, the Court determined that
Plaintiff's choice is entitled to minimal consideration as he is
representing a putative nationwide and statewide class. The Court
noted that when an individual brings a derivative suit or
represents a class, the named plaintiff's choice of forum is given
less weight. Additionally, since Plaintiff is not a resident of the
chosen forum, his choice of forum is entitled to less weight.
The Court found private factors to be largely neutral. Regarding
witness convenience, Defendant argued that testimony of store
managers and customer service representatives who work at numerous
stores throughout the Central District would be necessary. However,
the Court found it is not self-evident that the testimony of store
personnel who actually manage the logistics of in-store pickups
will be as central as Defendant suggests, given that Plaintiff's
theory focuses on website design interference.
The Court disagreed with Defendant's argument that the Northern
District has no interest in adjudicating the controversy. First,
the Northern District has a local interest because Plaintiff
purports to represent both a nationwide and statewide class,
presumably with members who reside in this district.
Second, and most importantly the Court emphasized that this case
has been pending in this district since December 2023. Discovery is
nearly complete, and Plaintiff's motion for class certification is
due on October 15, 2025, just over two months from now. The Court
found that the public interest in a timely resolution here weighs
dispositively against asking a new judge in a new district to take
on this case at this late date.
The Court concluded that on balance, the discretionary factors here
weigh decisively against transferring this case at this late stage.
Therefore, the Court denied Defendant's motion to transfer venue.
A copy of the court's decision is available at
https://urlcurt.com/u?l=BS4rCG
S&C TECHNOLOGIES: Maxwell Sues Over Age Discrimination in Workplace
-------------------------------------------------------------------
JOSEPH MAXWELL, on behalf of himself and those similarly situated
v. S&C TECHNOLOGIES, INC., Case No. 1:25-cv-07131 (S.D.N.Y., Aug.
27, 2025) is a civil action for damages and equitable relief based
upon violations that the Defendant committed of Plaintiff's rights
guaranteed to him by the Age Discrimination in Employment Act of
1967, the New York State Human Rights Law, and the New York City
Human Rights Law.
According to the complaint, the Defendant terminated Plaintiff, who
was sixty years old, as part of a pattern and practice of age
discrimination to replace senior leadership with younger employees.
In addition to the Plaintiff, Defendant terminated multiple other
employees with senior leadership positions based on SS&C's desire
to "position [SS&C] for future growth and get some fresh
rejuvenated leadership in here."
As a result of Defendant's established "succession plan" to rid
older senior leadership and "bring up some of that talent,"
Defendant's termination of Plaintiff because of his age violated
the ADEA, the NYSHRL, and the NYCHRL.
On Nov. 28, 2018, the Defendant hired Plaintiff as Head of
Technology for SS&C's GlobeOp Division, working in its offices
located at 4 Times Square, New York, New York. At the time he
joined Defendant, the Plaintiff possessed over twenty years of
experience, including a former role of Chief Information Officer at
Citco (a competitor of SS&C), where he led a global team of 675
employees. At SS&C, Plaintiff was responsible for all of the IT
development and support for the GlobeOp business division, leading
a 350-person team in a division that generated approximately 25% of
SS&C's total revenue.
SS&C is a mutual fund transfer agency.[BN]
The Plaintiff is represented by:
Jeffrey R. Maguire, Esq.
Michael R. Minkoff, Esq.
STEVENSON MARINO LLP
445 Hamilton Avenue, Suite 1500
White Plains, New York 10601
Telephone: (212) 939-7229
E-mail: jmaguire@stevensonmarino.com
SELECTQUOTE INC: Nov. 5 Conference on Lead Plaintiff Bids
---------------------------------------------------------
In the case captioned as Robert Pahlkotter, individually and on
behalf of all others similarly situated, Plaintiff, v. SelectQuote,
Inc., Tim Danker, Ryan Clement, and Raffaele Sadun, Defendants,
Case No. 1:25-cv-06620 (JLR) (S.D.N.Y.), Judge Jennifer L. Rochon
of the United States District Court for the Southern District of
New York ordered a conference to consider motions for appointment
of lead plaintiff and lead counsel.
On August 11, 2025, Plaintiff filed a class action lawsuit on
behalf of investors who purchased or otherwise acquired
SelectQuote, Inc. securities between September 9, 2020 and May 1,
2025. The complaint alleges violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
The Private Securities Litigation Reform Act requires that not
later than 20 days after the complaint is filed, the plaintiff
shall cause to be published, in a widely circulated national
business-oriented publication or wire service, a notice advising
members of the purported plaintiff class of the pendency of the
action, the claims asserted therein, and the purported class
period. The notice must also advise that any member of the
purported class may move the court to serve as lead plaintiff not
later than 60 days after the notice is published.
Plaintiff filed the required notice on August 12, 2025. Members of
the purported class therefore have until 60 days from Plaintiff's
filing of the required notice to move the Court to serve as lead
plaintiffs.
The Court ordered that a conference shall be held on November 5,
2025 at 11:00 a.m. at Pearl Street, New York, New York to consider
any motions for appointment of lead plaintiff and lead counsel and
for consolidation. Opposition to any motion for appointment of lead
plaintiff shall be served and filed by October 25, 2025.
The Court further ordered that the named plaintiff shall promptly
serve a copy of this Order on each of the Defendants.
A copy of the court's decision is available at
https://urlcurt.com/u?l=tHTtww from pacermonitor.com
SHOPPERSCHOICE.COM LLC: Lopez Seeks Equal Web Access for the Blind
------------------------------------------------------------------
VICTOR LOPEZ, individually and on behalf of all others similarly
situated, Plaintiff v. SHOPPERSCHOICE.COM, L.L.C., Defendant, Case
No. 1:25-cv-06873 (S.D.N.Y., Aug. 20, 2025) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.bbqguys.com/, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Shopperschoice.Com, L.L.C., doing business as BBQGuys, retails
household cooking appliances. The Company offers side burners, BBQ
accessories, gas and pellet, grilling cookware, portable pizza
ovens, outdoor rugs, and other related products. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
SKIDMORE COLLEGE: Settlement in Kobor Data Breach Suit Has Final OK
-------------------------------------------------------------------
In the data breach case captioned as Peter Kobor, individually and
on behalf of all others similarly situated, Plaintiff v. Skidmore
College, Defendant, Case No. 1:23-CV-1392 (N.D.N.Y.), and Mary
Cogan, individually and on behalf of all others similarly situated,
Plaintiff v. Skidmore College, Defendant, Case No. 1:23-CV-1409
(N.D.N.Y.), Judge Mae A. D'Agostino of the U.S. District Court for
the Northern District of New York grants final approval of a class
action settlement and awards attorneys' fees.
The Court held a Final Approval Hearing on August 11, 2025, to
determine whether the settlement was fair, reasonable, and
adequate. The Court found that the Settlement is, in all respects,
fair, reasonable, and adequate, is in the best interests of the
Settlement Class, and is therefore approved. The settlement was
entered into following arms' length negotiations between the
parties.
The Court certified for settlement purposes a class defined as all
persons residing in the United States who were notified in or
around September 15, 2023, via written notice, that their PII may
have been involved in the Incident. The settlement class
specifically excluded Defendant and its employees, officers,
directors, affiliates, parents, subsidiaries, individuals who opted
out, counsel and their staff, and judges and court staff assigned
to the litigation.
The Court determined that the settlement class met all requirements
of Federal Rule of Civil Procedure 23(a) and (b)(3), finding that
the class is so numerous that joinder of all members is
impractical; that there are common issues of law and fact; that the
claims of the class representatives are typical of absent class
members." The Court also found that class representatives would
fairly and adequately protect the interests of the class and that
common issues predominate over any individual issues.
The Court appointed Peter Kobor and Mary Cogan as Settlement Class
Representatives, concluding they have fairly and adequately
represented the Settlement Class and will continue to do so. The
Court also appointed William B. Federman of Federman & Sherwood,
Philip J. Krzeski of Chestnut Cambronne PA, and John J. Nelson of
Milberg Coleman Bryson Phillips Grossman, PLLC as Class Counsel.
Regarding notice to the class, the Court found that the Notice
Plan, set forth in the Settlement Agreement and effectuated
pursuant to the Preliminary Approval Order, was the best notice
practicable under the circumstances. The notice satisfied
requirements of Federal Rules of Civil Procedure, the Constitution,
and applicable laws. The Court noted that No objections were filed
by Settlement Class Members.
The Court granted Class Counsel's unopposed motion for attorneys'
fees and expenses.
The Court awarded Class Counsel $195,000 as an award of attorneys'
fees, costs and expenses to be paid in accordance with the
Settlement, and the Court finds this amount of fees, costs, and
expenses to be fair and reasonable. The attorneys' fees award is
separate and apart from any benefits provided to Settlement Class
Members.
The Court awarded each named plaintiff a service award. The Court
ordered that each of the named Plaintiffs a service award in the
amount of $2,000 (for a total payment of $4,000).
Defendant must pay the attorneys' fees, costs, expenses, and
service awards within 21 days after the date this Final Approval
Order and Judgment is entered.
The settlement includes broad releases whereby all releasing
parties expressly, generally, absolutely, unconditionally, and
forever release and discharge any and all Released Claims against
the Released Parties. The releases cover Defendant's current,
former, and future affiliates, parents, subsidiaries,
representatives, officers, agents, directors, employees,
contractors, shareholders, vendors, insurers, reinsurers,
successors, assigns, and attorneys.
The Court ordered that the settlement shall be forever binding on,
and shall have res judicata and preclusive effect in, all pending
and future lawsuits or other proceedings as to Released Claims. The
settlement applies to all class members except those who opted
out.
The Court dismissed the Action and the Consolidated Complaint and
all claims therein on the merits and with prejudice, without fees
or costs to any Party except as provided in this Final Approval
Order and Judgment. The Court retained exclusive jurisdiction over
the subject matter and the Parties with respect to the
interpretation and implementation of the Settlement for all
purposes.
According to the settlement If the Effective Date does not occur,
the Court ordered that this Final Approval Order and Judgment and
the Preliminary Approval Order shall be deemed vacated and shall
have no force and effect whatsoever; the Settlement shall be
considered null and void.
A copy of the Court's settlement is available at
https://urlcurt.com/u?l=HOrWkU from Pacermonitor.com.
SPROUT SOCIAL: Continues to Defend Securities Fraud Suits
---------------------------------------------------------
Sprout Social, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended June 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the securities fraud suits pending in an Illinois
court.
Beginning on May 13, 2024, the Company and certain of its
executives were named in two putative securities fraud class action
cases filed in the United States District Court for the Northern
District of Illinois asserting claims under Sections 10(b) and
20(a) of the Exchange Act and SEC Rule 10b-5. The first action,
captioned Munch v. Sprout Social, Inc., et al. was filed on May 13,
2024 and alleged that the defendants made false or misleading
statements and omissions of fact relating to the Company's
business, operations and prospects, including (i) purported
integration challenges arising from the Company's August 2023
acquisition of Tagger Media, Inc. ("Tagger"), (ii) the Company's
ability to service (and the viability of its strategic plan to
focus on) the enterprise market, and (iii) as a result, the
Company's 2024 financial guidance was required to be adjusted
downward. The Munch complaint sought damages and costs on behalf of
a putative class of Company stockholders from November 3, 2023
through and including May 2, 2024. The second case, captioned City
of Hollywood Police Officers' Retirement System v. Sprout Social,
Inc., et al (the "City of Hollywood Action"), was filed in the
United States District Court for the Northern District of Illinois
on July 2, 2024. It asserted claims under the same statutory
provisions based on substantially similar allegations of misconduct
as its predecessor, but alleged a class period beginning on
November 3, 2021 and ending on May 2, 2024.
On November 12, 2024, the court appointed the Employees' Retirement
System for the City of Baltimore (the "City of Baltimore"), who had
been substituted as the named plaintiff in the City of Hollywood
action, as the Lead Plaintiff under the Private Securities
Litigation Reform Act of 1995 ("PSLRA"). The court subsequently
consolidated the two cases (the "Consolidated Securities Action")
on December 13, 2024.
On January 24, 2025, the City of Baltimore filed an amended
Consolidated Class Action Complaint (the "AC"). The AC retains the
original defendants, but adds Jason Rechel, Sprout Social's former
head of Investor Relations, as an individual defendant.
The AC makes similar allegations to those asserted in the City of
Hollywood Action and adds additional allegations, including
purported statements attributed to 15 anonymous confidential
witnesses. Most of these individuals are described in the AC as
former Sprout Social sales representatives. It claims that the
defendants failed to disclose that the Company lacked the
infrastructure to successfully implement its strategic shift to the
enterprise business market, which purportedly rendered positive
statements about enterprise business generation and prospects, and
Sprout Social's financials, misleading. More specifically, the AC
alleges that (1) Sprout Social's "inbound" sales strategy model,
which it also applied to enterprise sales efforts, was not
effective for generating enterprise business; (2) Sprout Social's
platform lacked certain features valued by large clients; (3)
Sprout Social's partnership with Salesforce would not necessarily
increase Sprout Social's enterprise business; and (4) Sprout
Social's emphasis on ARR as a key metric for financial performance
was misleading, given Sprout Social's own abandonment of the metric
as a viable performance indicator.
The AC alleges a slightly longer class period than that alleged in
the City of Hollywood Action, beginning on September 22, 2021, and
ending on May 2, 2024 (the City of Hollywood Action alleged class
period that began on November 3, 2021 and ended on May 2, 2024).
On March 25, 2025, defendants filed a Motion to Dismiss (the
"Motion") the AC in its entirety. On May 23, 2025, Lead Plaintiff
filed a brief in opposition to this Motion. Defendants filed a
reply brief in further support of the Motion on July 17, 2025. The
court has yet to issue any ruling on the Motion. Under the PSLRA,
discovery and other proceedings in the Consolidated Securities
Action are automatically stayed pending such a ruling.
STANLEY BLACK: Court Approves Dismissal of Class Action Claims
--------------------------------------------------------------
Judge Joseph C. Spero of the United States District Court for the
Northern District of California granted the motion for approval of
stipulated dismissal of both individual and class claims in the
case captioned as Ken Hakomori, Plaintiff, v. Stanley Black &
Decker, Inc, et al., Defendants, Case No. 24-cv-04481-JCS (N.D.
Cal.). The Court dismissed Plaintiff Ken Hakomori's individual
claims with prejudice and the class claims of the putative class
members were dismissed without prejudice.
The parties submitted a Joint Stipulation to Dismiss Plaintiff's
Individual Claims With Prejudice and Class Claims Without Prejudice
as to The Putative Class. The Court noted that while individual
claims may be dismissed without Court action where all parties who
have appeared enter into a stipulation of dismissal, the dismissal
of class claims requires Court approval under Fed.R.Civ.P. 23(e).
The Court construed the supporting declaration as a motion for
approval of the stipulated dismissal and granted that motion.
Under the Diaz standard, the Court evaluated whether the dismissal
was collusive or prejudicial to class members. The Court considered
three factors:
(1) Class members' possible reliance on the filing of the
action,
(2) lack of adequate time for class members to file other
actions, and
(3) any settlement made to further the representative's own
interests.
The Court concluded the settlement was neither collusive nor
prejudicial to the absent class members based on declarations that
the class action has not become widely known to the public
generally or to the members of the putative class" and that members
of the putative class will not be prejudiced, given that they
retain all rights to pursue their own claims.
The case was originally filed in San Bernardino Superior Court. The
class action seeks to recover damages on behalf of Plaintiff and
all current and former hourly-paid and/or non-exempt employees who
worked for Defendants in the State of California at any time during
the period from four years prior to the date of the filing of the
Complaint through final judgment. Plaintiff alleges that Defendants
hired Plaintiff and Class Members but, among other things, failed
to properly pay them all wages owed for all time worked (including
minimum wages, straight time wages, and overtime wages), failed to
provide them with all meal periods and rest periods and associated
premium wages to which they were entitled, failed to timely pay
them all wages due during their employment, failed to timely pay
them all wages due upon termination of their employment, failed to
provide them with accurate itemized wage statements, and failed to
reimburse them for necessary business expenses.
Defendant HCL Global Systems, Inc. is represented by:
Andrew J. Mailhot, Esq.
Jackson Lewis P.C.
Tel: 415-394-9400
E-mail: andrew.mailhot@jacksonlewis.com
Defendant Stanley Black & Decker, Inc is represented by
Amanda C. Sommerfeld, Esq.
Aileen H Kim, Esq.
Courtney O'Connor, Esq.
Jones Day
Tel: 213-489-3939
E-mail: asommerfeld@jonesday.com
aileenkim@jonesday.com
courtneyoconnor@jonesday.com
Defendant Resource Logistics, Inc., is represented by
Mohammad Nabeel Khan, Esq.
Anantha N Ramachandran, Esq.
MNK Lawyers APC
Tel: 661-373-4433
E-mail: mohammad@mnklawyers.com
anantha@mnklawyers.com
Attorneys for Plaintiff:
Jonathan M. Genish, Esq.
Barbara DuVan-Clarke, , Esq.
P.J. Van Ert, Esq.
Annabel F. Blanchard, Esq.
BLACKSTONE LAW, APC
Tel: (310) 622-4278
Fax: (855) 786-6356
E-mail: BDC@blackstonepc.com
pjvanert@blackstonepc.com
ablanchard@blackstonepc.com
A copy of the Court's decision is available at
https://urlcurt.com/u?l=y5Mz9a from PacerMonitor.com
TMC HEALTHCARE: Desman Suit Seeks Unpaid Wages Under FLSA, AWA
--------------------------------------------------------------
Charli Desman, individually and for others similarly situated,
Plaintiff v. TMC Healthcare, an Arizona nonprofit corporation, Case
No. 4:25-cv-00487-RM (D. Ariz., Aug. 27, 2025) seeks to recover
unpaid wages and other damages from TMC under the Fair Labor
Standards Act and Arizona Wage Act.
According to the complaint, TMC employs Desman as one of its Hourly
Employees. Mr. Desman and the other Hourly Employees work more than
40 hours in a workweek. But TMC does not pay Desman and the other
Hourly Employees at least 1.5 times their regular rates of pay --
based on all remuneration -- for all hours worked in excess of 40
in a workweek.
Instead, TMC pays Desman and the other Hourly Employees
non-discretionary bonuses, including sign on bonuses, that it fails
to include in their regular rates of pay for overtime purposes
(TMC's "bonus pay scheme").
The putative FLSA collective is defined as:
"All hourly TMC employees who were paid a bonus not included in
their regular rate of pay during the last three years through
final resolution of this action (the FLSA Collective Members).
The putative AWA class of similarly situated employees is defined
as:
"All hourly TMC employees who worked in Arizona who were paid a
bonus not included in their regular rate of pay during the last
one year through final resolution of this action (the Arizona
Class Members).
TMC Healthcare is a private outpatient ambulatory clinic in
Arizona. [BN]
The Plaintiff is represented by:
Samuel R. Randall, Esq.
RANDALL LAW PLLC
4742 North 24th Street, Suite 300
Phoenix, AZ 85016
Telephone: (602) 328-0262
Facsimile: (602) 926-1479
E-mail: srandall@randallslaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mails: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
UNITEDHEALTH GROUP: Faces Rosenblit Over Unearned Monthly Premiums
------------------------------------------------------------------
THE ESTATE OF DONALD L. ROSENBLIT, BY AND THROUGH ITS EXECUTOR,
ELLIOT BRAUNSTEIN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED, v. UNITEDHEALTH GROUP, INC., AND
UNITEDHEALTHCARE INSURANCE COMPANY, Case No. 250802640 (Pa Com.
Pl., Philadelphia Cty., Aug. 21, 2025) is a class action on behalf
of the Plaintiff, as the administrator of an estate, and all others
similarly situated in the Commonwealth of Pennsylvania, where an
estate and/or next of kin of a decedent did not receive a pro rata
refund of health insurance premiums after the death of a
policyholder from Defendants.
In Pennsylvania, there are decades of common law that recognizes
that when an insured pre-pays an insurance premium and that
contract is later canceled, the insured is entitled to a refund of
the unearned premium payment.
The Defendants specifically advertised, as part of their
supplemental health insurance policies, that they would return any
unearned monthly premium upon the death of the insured. Despite the
law and their own advertising, the Defendants, however, have
refused to return unearned premiums after the policyholder's death.
The Plaintiff was told that Defendants' policy was not to provide
any premium refund for the month of the policyholder's death.
Because Defendants have ignored not only the law regarding the
refund of premiums with respect to those it provided health
insurance coverage before death, but also their own advertising.
The Plaintiff is a legal entity existing by and through the laws of
the Commonwealth of Pennsylvania. Donald L. Rosenblit died in
Philadelphia, Pennsylvania on September 13, 2024.
The Defendant is a U.S. diversified managed health care company
with its principal place of business located in Minnetonka,
Minnesota.[BN]
The Plaintiff is represented by:
Robert J. Mongeluzzi, Esq.
Patrick Howard, Esq.
Simon B. Paris, Esq.
SALTZ MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd Floor
One Liberty Place
Philadelphia, PA 19103
Telephone: (215) 496-8282
Facsimile: (215) 754-4443
VGW HOLDINGS: Faces Peach Class Suit Over Alleged Online Gambling
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BRADLEY PEACH, individually and on behalf of all others similarly
situated v. VGW HOLDINGS, LTD., VGW MALTA LTD., VGW GAMES LTD., VGW
HOLDINGS U.S., INC., and VGW U.S., INC,, Case No. 4:25-cv-00849-BSM
(E.D. Ark., Aug. 21, 2025) seeks damages, declaratory, injunctive,
and equitable relief individually on behalf of the other Class
members, each of whom are Arkansas residents who have paid and lost
money or other things of value on Chumbacasino.com.
VGW owns and operates a popular, internet-based casino website
called Chumbacasino.com.
Accordingly, gambling is heavily regulated and mostly outlawed in
Arkansas. Yet Chumbacasino.com is accessible and operational in
Arkansas.
VGW Malta owns and operates the website ChumbaCasino.com. All
gambling payments are processed by VGW Malta.[BN]
The Plaintiff is represented by:
C Tab Turner, Esq.
TURNER & ASSOCIATES, P.A
4705 Somers Ave., Suite 100
North Little Rock, AR 72116
Telephone: (501) 791-2277
Facsimile: (501) 791-1251
E-mail: Tab@tturner.com
- and -
W. Daniel "Dee" Miles, III, Esq.
James Mitchell "Mitch" Williams, Esq.
Dylan Martin, Esq.
Trent Mann, Esq.
BEASLEY, ALLEN, CROW, METHVIN,
PORTIS & MILES, P.C.
272 Commerce Street
Post Office Box 4160
Montgomery, AL 36103-4160
Telephone: (334) 269-2343
Facsimile: (334) 954-7555
E-mail: dee.miles@beasleyallen.com
mitch.williams@beasleyallen.com
dylan.mat1in@beasleyallen.com
Trent.mann@beasleyallen.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street 5th Floor# 1520
Boston, MA 02116
Telephone: (617) 377-4704
Facsimile: (888) 410-0415
E-Mail: joel@skclassactions.com
WORK IQ LLC: Lopez Seeks Equal Website Access for the Blind
-----------------------------------------------------------
VICTOR LOPEZ, individually and on behalf of all others similarly
situated, Plaintiff v. WORK IQ, LLC, Defendant, Case No.
1:25-cv-06874 (S.D.N.Y., Aug. 20, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://workiqtools.com/, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Work IQ, LLC bench sells workbench vise system for DIYers,
Craftsmen, Hobbyists, Makers and Trade Professionals. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
WORLDSTAFF USA: Franganito Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
JOAO FRANGANITO, individually and on behalf of others similarly
situated, Plaintiff v. WORLDSTAFF USA TRI-STATE LLC, Defendant,
Case No. 5:25-cv-04784 (E.D. Pa., August 20, 2025) is an action
brought by the Plaintiff to recover unpaid overtime wages,
liquidated damages, interest, and reasonable attorneys' fees and
costs as a result of Defendant's willful violations of the Fair
Labor Standard Act, the Pennsylvania Minimum Wage Act, and the
Pennsylvania Wage Payment and Collection Law.
According to the complaint, the Defendant failed to pay Plaintiff
and similarly situated hourly-paid workers for all hours worked in
excess of 40 in a workweek at a rate of not less than one and
one-half times their regular rate of pay, and failed to timely pay
all wages due, including overtime compensation.
The Plaintiff was employed by the Defendant as an hourly-paid
warehouse worker from approximately September 1, 2022 through
August 1, 2023.
Worldstaff USA Tri-State LLC is a staffing agency headquartered and
with its principal place of business in Bethlehem,
Pennsylvania.[BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) 582-5279
E-mail: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
XIN LA: Pichol Seeks Unpaid Minimum & OT wages Under FLSA, NYLL
---------------------------------------------------------------
DAMIAN SIS PICHOL, individually and on behalf of others similarly
situated v. XIN LA GONG FU INC. (D/B/A XIN LA GONG FU) and XIAO DUO
HU, Case No. 1:25-cv-04723 (E.D.N.Y., Aug. 26, 2025) seeks to
recover unpaid minimum and overtime wages pursuant to the Fair
Labor Standards Act of 1938 and N.Y. Labor Law.
According to the complaint, Plaintiff Sis Pichol worked for
Defendants in excess of 40 hours per week, without appropriate
minimum wage, overtime, and spread of hours compensation for the
hours that he worked. Rather, the Defendants failed to maintain
accurate recordkeeping of the hours worked and failed to pay
Plaintiff Sis Pichol appropriately for any hours worked, either at
the straight rate of pay or for any additional overtime premium.
Further, the Defendants failed to pay Plaintiff Sis Pichol the
required "spread of hours" pay for any day in which he had to work
over 10 hours a day.
The Plaintiff was employed as a cook, food preparer and dishwasher
at the Chinese restaurant located at 35-48 Union St., Flushing, New
York.
The Defendants own, operate, or control a Chinese restaurant,
located at 35-48 Union St., Flushing, New York, under the name "Xin
La Gong Fu". They operates or operated the Chinese restaurant as a
joint or unified enterprise.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
ZOMA SLEEP: Evans Seeks Equal Website Access for Blind Users
------------------------------------------------------------
JAMES EVANS, on behalf of himself and all others similarly situated
Plaintiff v. Zoma Sleep, LLC, Defendant, Case No. 1:25-cv-09958
(N.D. Ill., August 20, 2025) is a civil rights action against Zoma
Sleep for its failure to design, construct, maintain, and operate
its website, https://zomasleep.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 April 17, 2025, the Plaintiff has made an attempt to complete
his purchase of a mattress on the website. However, he encountered
significant issues while navigating the website as it contains
access barriers that prevent free and full use by him and blind
persons using keyboards and screen-reading software. These barriers
are pervasive and include, but are not limited to: inaccurate
landmark structure, changing of content without advance warning,
inaccessible drop-down menus, the lack of navigation links,
inaccurate focus order and the requirement that transactions be
performed solely with a mouse, alleges the complaint.
The Plaintiff seeks a permanent injunction to cause a change in
Zoma Sleep'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.
Zoma Sleep, LLC operates the website which provides consumers with
access to an array of goods and services, including, the ability to
view a variety of mattresses, pillows, mattress foundations and
bedding accessories.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Office: (844) 731-3343
Cellphone: (630) 478-0856
E-mail: Dreyes@ealg.law
*********
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