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C L A S S A C T I O N R E P O R T E R
Friday, September 12, 2025, Vol. 27, No. 183
Headlines
3M COMPANY: Cyr Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Gebhardt Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Heater Sues Over Exposure to Toxic Aqueous Chemicals
3M COMPANY: Hendrickson Sues Over Exposure to Toxic Chemicals
3M COMPANY: Luedtke Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: McGillan Files Suit in D. South Carolina
3M COMPANY: Minton Suit Removed from State Court to N.D. Ala.
3M COMPANY: Moltimore Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Olivarez Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Palluck Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Robbins Suit Removed to N.D. Alabama
ABM INDUSTRY: Acevedo Suit Removed to N.D. California
ADVANTAGE COLLECTION: Christianson Files FDCPA Suit in D. Minnesota
ALBERTSONS COMPANIES: Flores Sues Over Misleading Body Wash Labels
ALCOHOL MONITORING: Portis Sues Over Ankle Monitors' Health Risks
ALLEVIATE TAX: Class Cert Bid Filing in Hadizadeh Due Oct. 3
ALTRIA GROUP: Parties Seek to Maintain Opposition Docs Under Seal
ASP ISOTOPES: Continues to Defend Corredor Securities Class Suit
AUSTRALIA: Agrees to Settle Robodebt Scandal Class Suit for $475MM
BEAUTY HEALTH: Continues to Defend Consumer Class Suit
BEAUTY HEALTH: Sept. 17 Hearing on Bid to Junk PSLRA Suit
CANDYWAREHOUSE.COM INC: Hampton Balks at Blind-Inaccessible Website
CAPITAL ONE: Faces Tollaksen Suit Over Deceptive Rewards Program
CAR WASH: Jacome Suit Seeks Minimum Wages Under Labor Code
CIOX HEALTH: Colfer Suit Removed to M.D. North Carolina
COINBASE GLOBAL: Carmassi Suit Transferred to S.D. New York
COINBASE GLOBAL: Edlin Suit Transferred to S.D. New York
COINBASE GLOBAL: Gonzalez Suit Transferred to S.D. New York
COINBASE GLOBAL: McGuire Suit Transferred to S.D. New York
DBM GLOBAL: Fails to Secure Personal Info, Hall Suit Says
DELUXE AUTO: Continues to Defend Labor Class Suit in California
DEVELOPMENT DIMENSIONS: Rounds Sues Over Data Broker Software Use
ELECTROLUX GROUP: Chimicles Probes Defective Frigidaire Ovens
FARMERS INSURANCE: Thomas Files Suit in C.D. California
FLEET QUEST: Sept. 15 Extension for Class Cert Filing Sought
FURNICHE LLC: Lucien Seeks Equal Website Access for the Blind
GREENACRES NETWORK: Hernandez Files TCPA Suit in S.D. Florida
HALAL GUYS: Hegazy Seeks to Certify Class
HARD ROCK: Syla Suit Seeks FLSA Conditional Certification
HEALTHCARE REVENUE: $500K Class Fund in Morales Gets Final Nod
HEALTHCARE SERVICES: Henderson Sues Over Failure to Secure PII
INDEX EXCHANGE: Baker Sues Over Unlawful Data-Sharing Arrangement
INSTANT CHECKMATE: Clark Suit Removed to D. Colorado
ITS LOGISTICS: Court Recommends Approval of Proposed Settlement
JOINT LOGISTICS: Triplett Balks at Mass Layoff Without Prior Notice
K.K.C. SHOPPING CENTER: Garcia Sues Over Unlawful Physical Barriers
KRISTI NOEM: Bangstad Sues Over Unconstitutional Practices
KRISTI NOEM: L.G.M.L. Sues Over Unlawful Removal from the US
LANGDON & COMPANY: Grimes Sues Over Failure to Secure Information
LIGHTSPEED COMMERCE: Agrees to Settle Quebec Class Suit for $11MM
LIONHEART EQUITIES: Continues to Defend Stanley Class Suit in Del.
LOUIS VUITTON: Fails to Secure Personal Info, Miamen Alleges
LOUIS VUITTON: Godinez Files Suit in S.D. New York
LULIFAMA.COM LLC: Damico Suit Removed to N.D. Illinois
MATRIX MEDICAL NETWORK: Bradford Files TCPA Suit in S.D. Texas
MCGRAW-HILL EDUCATION: Continues to Defend Royalties Breach Suit
MCLAREN HEALTH: First Amended Complaint Filed in Wehrle Case
MICALIOR LLC: Alvear Sues Over Unlawful Disability Discrimination
MICHIGAN: Court Approves Class Settlement in Mental Health Suit
MID AMERICA PHYSICIAN: Fraundorfer Suit Removed to D. Kansas
MID AMERICA PHYSICIAN: Iskandarova Suit Removed to D. Kansas
MID AMERICA PHYSICIAN: O.S. Suit Removed to W.D. Missouri
MID AMERICA PHYSICIAN: Oakes Suit Removed to D. Kansas
MID AMERICA PHYSICIAN: Roth Suit Removed to D. Kansas
MIDLAND NATIONAL: Class Cert Bid Filing Due Sept. 26
MONSANTO COMPANY: Wickham Suit Transferred to N.D. California
MORRIS HOSPITAL: Agrees to Settle Data Breach Class Suit for $1.36M
MULTNOMAH COUNTY, OR: Tax Foreclosure Settlement Reaches $3.5MM
MUTUAL HOUSING: Filing for Summary Judgment Extended to Sept. 16
NANO NUCLEAR: Continues to Defend Yang Securities Class Suit in NY
NATIONAL COLLEGIATE: Patterson Balks at Competition Eligibility
NATIONAL GRID: Seeks More Time to File Class Cert Response
NEW YORK, NY: Holmes Class Suit Seeks Back Pay Under FLSA
NISSAN NORTH: Settlement Conference in Johnson Due April 1, 2026
NORDSTROM INC: Ayala Suit Removed to C.D. California
NORTH AMERICAN LIGHTING: Class Cert. Bid Filing Due Jan. 8, 2026
NORTH CAROLINA: Fact Discovery in Doe Suit Due Oct. 13
NUANCE COMMUNICATIONS: Settles Data Breach Class Suit for $8.5MM
ONE FLAGLER: Cohan Sues Over Discriminative Property
OUTLOOK THERAPEUTICS: Bid to Dismiss Securities Suit Pending
PRODRIVERS WEST: Cortes Seeks More Time to File Class Cert Bid
PROFESSIONAL SECURITY: Rodriguez Files Suit in Cal. Super. Ct.
PUBLIX SUPER: Marquez Sues Over Disability Discrimination
QUANTUM COMPUTING: Continues to Defend Securities Class Suit in NJ
RB GLOBAL: McGinnis Construction Suit Transferred to N.D. Illinois
RCOFIII SPEC-FIN: Faces Goetting Suit Over Illegal Usury Scheme
READING INTERNATIONAL: Continues to Defend Berryman VPPA Class Suit
READING INTERNATIONAL: Continues to Defend VPPA Valentini Suit
RECREATIONAL EQUIPMENT: Court Junks Bid to Stay Venet Case
RICHLINE GROUP: Website Inaccessible to Blind Users, Hampton Says
ROUSE SERVICES: Conspires to Fix Equipment Prices, Signs Says
RUGSUSA LLC: Filing for Class Certification in Carrell Due Dec. 8
SAFELITE FULFILLMENT: Class Cert Bid Filing Due April 3, 2026
SELECT RESTAURANTS: Roque Files Suit in Cal. Super. Ct.
SELF REGIONAL HEALTHCARE: Knight Suit Removed to D. South Carolina
SHOEBACCA LTD: Faces Hampton Suit Over Blind-Inaccessible Website
SIMMONS UNIVERSITY: Sued Over Unauthorized Access to Personal Info
SLT LENDING: Court Awards $183K Atty's Fees to Class Counsel
SOUTHERN COMPANY: Tobias FLSA Suit Transferred to S.D. Georgia
SPECTRUM CENTER: Zamora Suit Removed to C.D. California
SPINNAKER INSURANCE: Partly Wins Bid for Summary Judgment
SUCCESSFULMATCH.COM: Appeals Court Compels Arbitration in BIPA Suit
SWEEPSTEAKS LIMITED: Faces Class Suit Over Online Gambling Scheme
SWEEPSTEAKS LIMITED: Operates Illegal Online Gambling, Thomas Says
TOPPOINT HOLDINGS: Continues to Defend Rodriguez Labor Class Suit
TPUSA INC: Katsnelson FLSA Suit Transferred to S.D. New York
TRANS UNION: Brown Sues Over Failure to Safeguard PII
TRANSWORLD SYSTEMS: Goldberger Files FDCPA Suit in E.D. New York
ULTA SALON: Minson Suit Removed to W.D. Washington
UNILEVER UNITED: Argueta Sues Over Drink Mix Oversized Packaging
UNITED AUTO: Filing for Class Cert Bid in Ferrara Due Dec. 16
US VENTURE INC: Martinez Suit Removed to E.D. California
VITAL IMAGING: Fails to Protect Sensitive Data, Garcia Suit Says
WALL TO WALL: Flores Suit Removed to N.D. California
WATA INC: Filing for Third Class Cert Bid Due Sept. 29
WATA INC: Knight Seeks More Time to File 3rd Class Cert Bid
WATERWAYS SHOPPES: Harty Sues Over Discriminative Property
WEAR PACT: Class Certification Bid in Johnston Due June 30, 2026
WINNING SOLUTION: Website Inaccessible to the Blind, Bishop Says
ZALE DELAWARE: Settles TCPA Class Action Suit for $7.5 Million
Asbestos Litigation
ASBESTOS UPDATE: Asbestos Corp. Advances CCAA Restructuring
ASBESTOS UPDATE: General Electric Reports $2.0BB Reserve at June 30
ASBESTOS UPDATE: GMS Inc. Still Defends Exposure Lawsuits
ASBESTOS UPDATE: Standard Motor Has $30.5MM Accrued Liabilities
*********
3M COMPANY: Cyr Sues Over Exposure to Toxic Film-Forming Foams
--------------------------------------------------------------
Zade Thomas Cyr, and others 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:25-cv-08570-RMG (D.S.C., July 25,
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 perfluoro octane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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 was directly exposed to AFFF through firefighting
and/or Plaintiff's water supply was contaminated with PFOS and PFOA
as an after effect of such use and was diagnosed with testicular
cancer, thyroid cancer and high cholesterol as a result of exposure
to Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Michael A. Hochman, Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd Ste. 110
Laredo, TX 78041
Phone: (956) 704-5187
Facsimile: (956) 368-1343
3M COMPANY: Gebhardt Sues Over Exposure to Toxic Film-Forming Foams
-------------------------------------------------------------------
John Gebhardt, 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.; BASF
CORP., 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.; 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; JOHNSON CONTROLS INC., KIDDE-FENWAL,
INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PERIMETER SOLUTIONS LP, 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-08483-RMG
(D.S.C., July 25, 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.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF which contained
PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious
medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff was exposed to PFAS chemicals through their drinking
water and was diagnosed with kidney cancer as a result of exposure
to Defendants' PFAS containing products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Chandler B. Duncan, Esq.
Andrew T. Kagan, Esq.
Elizabeth P. Kagan, Esq.
KAGAN LEGAL GROUP, LLC.
295 Palmas Inn Way, Suite 6
Humacao, PR, 00791
Phone: 939-220-2424
Facsimile: 939-220-2477
3M COMPANY: Heater Sues Over Exposure to Toxic Aqueous Chemicals
----------------------------------------------------------------
Ralph Heater, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:25-cv-08440-RMG (D.S.C., July 25, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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.
Plaintiffs had no way to know that they were being exposed to toxic
chemicals until the contamination was recently discovered.
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 was directly exposed to AFFF through firefighting
and/or the Plaintiff's water supply was contaminated with PFOS and
PFOA as an after effect of such use and was diagnosed with
ulcerative colitis as a result of exposure to Defendants' AFFF
product.
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:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Hendrickson Sues Over Exposure to Toxic Chemicals
-------------------------------------------------------------
Michael Hendrickson, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:25-cv-08442-RMG (D.S.C., July 25,
2025), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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.
Plaintiffs had no way to know that they were being exposed to toxic
chemicals until the contamination was recently discovered.
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 was directly exposed to AFFF through firefighting
and/or the Plaintiff's water supply was contaminated with PFOS and
PFOA as an after effect of such use and was diagnosed with
testicular cancer as a result of exposure to Defendants' AFFF
product.
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:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Luedtke Sues Over Exposure to Toxic Aqueous Foams
-------------------------------------------------------------
Kyle Luedtke, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:25-cv-08443-RMG (D.S.C., July 25, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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.
Plaintiffs had no way to know that they were being exposed to toxic
chemicals until the contamination was recently discovered.
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 was directly exposed to AFFF through firefighting
and/or the Plaintiff's water supply was contaminated with PFOS and
PFOA as an after effect of such use and was diagnosed with
ulcerative colitis as a result of exposure to Defendants' AFFF
product.
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:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: McGillan Files Suit in D. South Carolina
----------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Deana McGillan, individually and on behalf of
all others similarly situated v. 3M Company, et al., Case No.
2:25-cv-08488-RMG (D.S.C., July 27, 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 John Fantini, Esq.
ROSEN INJURY LAWYERS
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Phone: (215) 310-9730
Fax: (215) 989-4424
Email: jfantini@roseninjurylawyers.com
3M COMPANY: Minton Suit Removed from State Court to N.D. Ala.
-------------------------------------------------------------
The class action lawsuit captioned as RONALD MINTON, JR., et al.,
Plaintiffs, v. 3M COMPANY, et al., Case No. 01-CV-2025-90308900
(July 29, 2025), was removed from the Circuit Court for the Tenth
Judicial Circuit, Jefferson County, Alabama, to the United States
District Court for the Northern District of Alabama on Sept. 2,
2025.
The Northern District of Alabama Court Clerk assigned Case No.
2:25-cv-01475-MHH to the proceeding.
The Plaintiffs seek to hold 3M and certain other Defendants liable
based on their alleged conduct in designing, manufacturing, and/or
selling aqueous film-forming foams and/or firefighter turnout gear
that Plaintiffs allege were used in firefighting activities,
thereby causing injury to Plaintiffs.
The Plaintiffs allege that 3M and certain other Defendants sold
AFFF containing per- and polyfluoroalkyl substances, including
perfluorooctanoic acid and perfluorooctane sulfonic acid.
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, and consumer goods.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
Yahn E. Olson, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
E-mail: gregc@elglaw.com
gary@elglaw.com
kmckie@elglaw.com
The Defendant is represented by:
M. Christian King
Harlan I. Prater, IV
W. Larkin Radney, IV
Colin J. Matthaei
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
cmatthaei@lightfootlaw.com
3M COMPANY: Moltimore Sues Over Exposure to Toxic Aqueous Foams
---------------------------------------------------------------
Juanita Alberta Moltimore, and others 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Case No. 2:25-cv-08560-RMG
(D.S.C., July 25, 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 perfluoro octane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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 was directly exposed to AFFF through firefighting
and/or Plaintiff's water supply was contaminated with PFOS and PFOA
as an after effect of such use and was diagnosed with kidney
cancer, thyroid cancer and high cholesterol as a result of exposure
to Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Michael A. Hochman, Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd Ste. 110
Laredo, TX 78041
Phone: (956) 704-5187
Facsimile: (956) 368-1343
3M COMPANY: Olivarez Sues Over Exposure to Toxic Aqueous Foams
--------------------------------------------------------------
Marisa Dee Olivarez, and others 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Case No. 2:25-cv-08567-RMG
(D.S.C., July 25, 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 perfluoro octane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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 was directly exposed to AFFF through firefighting
and/or Plaintiff's water supply was contaminated with PFOS and PFOA
as an after effect of such use and was diagnosed with kidney cancer
and high cholesterol as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Michael A. Hochman, Esq.
THE CLAIMBRIDGE PLLC
5411 McPherson Rd Ste. 110
Laredo, TX 78041
Phone: (956) 704-5187
Facsimile: (956) 368-1343
3M COMPANY: Palluck Sues Over Exposure to Toxic Aqueous Foams
-------------------------------------------------------------
Tony Palluck, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:25-cv-08448-RMG (D.S.C., July 25, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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.
Plaintiffs had no way to know that they were being exposed to toxic
chemicals until the contamination was recently discovered.
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 was directly exposed to AFFF through firefighting
and/or the Plaintiff's water supply was contaminated with PFOS and
PFOA as an after effect of such use and was diagnosed with kidney
cancer as a result of exposure to Defendants' AFFF product.
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:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Robbins Suit Removed to N.D. Alabama
------------------------------------------------
The case styled as Donna Robbins, et al., and on behalf of all
others similarly situated v. 3M Company, et al., Case No.
01-cv-25-903068 was transferred from Circuit Court of Jefferson
County, Alabama, to the U.S. District Court for the Northern
District of Alabama on Sept. 2, 2025.
The District Court Clerk assigned Case No. 2:25-cv-01474-ACA to the
proceeding.
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 Plaintiffs are represented by:
Gary A. Anderson, Esq.
Gregory A. Cade, Esq.
Kevin B. McKie, Esq.
Yahn Eric Olson, esq.
ENVIRONMENTAL LITIGATION GROUP PC
2160 Highland Avenue South
Birmingham, AL 35205
Phone: (205) 328-9200
Fax: (205) 328-9206
Email: gary@elglaw.com
GregC@elglaw.com
kmckie@elglaw.com
yolson@elglaw.com
- and -
Yahn Eric Olson, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue, South
Birmingham, AL 35205
Phone: (205) 328-9200
Email: yolson@elglaw.com
ABM INDUSTRY: Acevedo Suit Removed to N.D. California
-----------------------------------------------------
The case captioned as Maria De Los Angeles Acevedo, an individual
and on behalf of all others similarly situated v. ABM INDUSTRY
GROUPS, LLC., a Delaware limited liability company; FORTINET, INC.,
a Delaware stock corporation; ADRIANA SOLORIO, an individual; and
DOES 1 through 100, inclusive, Case No. 25CV471141 was removed from
the Superior Court of the State of California, County of Santa
Clara, to the United States District Court for Northern District of
California on Sept. 2, 2025, and assigned Case No. 3:25-cv-07370.
The Plaintiff alleges the following causes of action against
Defendant on behalf of herself and the putative class: Failure to
Pay Overtime Wages; Failure to Pay Minimum Wages; Failure to
Provide Meal Periods; Failure to Provide Rest Periods; Failure to
Pay All Wages Due Upon Termination; Failure to Provide Accurate
Wage Statements; Failure to Timely Pay Wages During Employment;
Violation of Labor Code Section 2802; Violation of Labor Code
Section 227.3; and Unfair Competition.[BN]
The Defendants are represented by:
Laura Fleming, Esq.
Matthew C. Lewis, Esq.
Jack M. McMenamin, Esq.
PAYNE & FEARS LLP
Attorneys at Law
4 Park Plaza, Suite 1100
Irvine, California 92614
Phone: (949) 851-1100
Facsimile: (949) 851-1212
Email: lf@paynefears.com
mcl@paynefears.com
jmm@paynefears.com
ADVANTAGE COLLECTION: Christianson Files FDCPA Suit in D. Minnesota
-------------------------------------------------------------------
A class action lawsuit has been filed against Advantage Collection
Professionals, LLC. The case is styled as Joshua Christianson, on
behalf of himself and all others similarly situated v. Advantage
Collection Professionals, LLC, Case No. 0:25-cv-03491 (D. Minn.,
Sept. 4, 2025).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Advantage Collection Professionals --
https://advantagecollections.com/ -- is a debt collection
agency.[BN]
The Plaintiff is represented by:
Thomas J. Lyons, Jr., Esq.
CONSUMER JUSTICE CENTER P.A.
367 Commerce Court
Vadnais Heights, MN 55127
Phone: (651) 770-9707
Fax: (651) 704-0907
Email: tommy@consumerjusticecenter.com
ALBERTSONS COMPANIES: Flores Sues Over Misleading Body Wash Labels
------------------------------------------------------------------
TERESA FLORES, individually, and on behalf of all others similarly
situated v. ALBERTSONS COMPANIES, INC., a Delaware corporation,
Case No. 2:25-cv-02476-JAM-JDP (E.D. Cal., Aug. 29, 2025) alleges
that the Defendant's claim that the Signature Care Sensitive Skin
Body Wash, Hypoallergenic is hypoallergenic and formulated for
sensitive skin and comparable to Dove Sensitive Skin Body Wash is
false and misleading to reasonable consumers.
The Product is not formulated to be hypoallergenic or for sensitive
skin because it contains Methylchloroisothiazolinone (MCI) and
Methylisothiazolinone (MI) and Cocamidopropyl Betaine (CAPB),
common allergens. Nor is it comparable to Dove Sensitive Skin Body
Wash, which does not contain MCI/MI, asserts the suit.
Methylisothiazolinone was named allergen of the year in 2013 by the
American Contact Dermatitis Society (ACDS), a group of 2,500 health
care professionals focused on advancing care for allergic contact
dermatitis (ACD) and related inflammatory skin diseases.
MCI is multiple times more potent than MI. Combined, MI and MCI,
are two of the most predominant contact allergens found in personal
care products.
The Defendant distributes, markets, and sells Signature Care
Sensitive Skin Body Wash, Hypoallergenic. The front of the Product
packaging prominently states that it is for "Sensitive Skin" and is
"Hypoallergenic" and compares to "Dove (TM) Sensitive Skin
Nourishing Body Wash (TM)" (Dove Sensitive Skin Body Wash).[BN]
The Plaintiff is represented by:
Jennifer L. MacPherson, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: jmacpherson@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
ALCOHOL MONITORING: Portis Sues Over Ankle Monitors' Health Risks
-----------------------------------------------------------------
DAVID PORTIS, on behalf of himself and others similarly situated,
Plaintiff v. ALCOHOL MONITORING SYSTEMS, INC., d/b/a SCRAM Systems,
Case No. 1:25-cv-02697-NYW (D. Colo., August 28, 2025) is an action
on behalf of the Plaintiff and the proposed class of those who have
been injured by Defendant's ankle monitors.
The Defendant sells and markets SCRAM Monitors -- continuous
alcohol monitoring ankle bracelets that provide transdermal alcohol
testing. The SCRAM device monitors the wearer's alcohol consumption
by sampling the ethanol vapor that is excreted through the skin.
In November 2023, Plaintiff Portis was transported by ambulance to
the emergency room at Summa Health after sustaining serious
injuries caused by a SCRAM continuous alcohol monitoring device
affixed to his ankle. Upon examination, the Plaintiff was evaluated
and it was determined that Mr. Portis had developed acute or
chronic pressure injuries to his legs caused by the alcohol
monitoring ankle device rubbing against his skin, says the suit.
It was further advised that continued use of the SCRAM device in
its condition posed significant health risks, including the
possibility of systemic infection and irreparable damage to Mr.
Portis' legs. The injuries sustained by the Plaintiff were directly
caused by the defective and unsafe condition of the SCRAM device
and its prolonged contact with his skin, the suit asserts.
Alcohol Monitoring Systems, Inc. is a provider of electronic
monitoring solutions with its principal place of business in
Littleton, Colorado.[BN]
The Plaintiff is represented by:
Paul J. Doolittle, Esq.
POULIN | WILLEY |ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: paul.Doolittle@poulinwilley.com
cmad@poulinwilley.com
ALLEVIATE TAX: Class Cert Bid Filing in Hadizadeh Due Oct. 3
------------------------------------------------------------
In the class action lawsuit captioned as FARBOD HADIZADEH MOGHADAM,
individually, and on behalf of all others similarly situated, v.
ALLEVIATE TAX, LLC, Case No. 8:24-cv-01810-MWC-DFM (C.D. Cal.), the
Hon. Judge Michelle Williams Court entered an order granting
stipulation to continue deadlines in the governing scheduling
order:
1. Last date to file class certification motion shall be
continued to Oct. 3, 2025;
2. Fact discovery cutoff shall be continued to Dec. 22, 2025;
3. Expert disclosure (Initial) shall be continued to Dec. 29,
2026;
4. Expert disclosure (Rebuttal) shall be continued to Jan. 12,
2026; and
5. Expert discovery cut-off shall be continued to Jan. 26, 2026.
The remaining deadlines in the Scheduling Order shall remain
intact.
Alleviate provides tax relief services.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mYhUjB at no extra
charge.[CC]
ALTRIA GROUP: Parties Seek to Maintain Opposition Docs Under Seal
-----------------------------------------------------------------
In the class action lawsuit captioned as Reece v. Altria Group,
Inc. et al. (IN RE JUUL LABS, INC. ANTITRUST LITIGATION), Case No.
3:20-cv-02345-WHO (N.D. Cal.), the Parties ask the Court to enter
an order granting motion to maintain under seal a limited subset of
material from Defendants' oppositions to the Plaintiffs' class
certification motions, the Parties' Daubert motions, and supporting
materials.
The Parties append the Declarations of Elana Katcher, Nowell D.
Bamberger, Jeremy Barber, and Michael J. Guzman, respectively, in
support of their requests to keep the information described in the
chart under seal.
The Defendants do not object to Indirect Reseller Plaintiffs' or
Direct Purchaser Plaintiffs' requests for sealing. The Plaintiffs
are in the process of reviewing the Defendants' materials in
support of the requests for the materials listed to remain under
seal and take no position at this time on these requests.
The Plaintiffs reserve their rights to object to the sealing of
materials subject to the Defendants' requests for sealing.
Altria manufactures and sells smokeable and oral tobacco products
in the United States.
A copy of the Parties' motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8FVDM0 at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Ronnie S. Spiegel, Esq.
David H. Seidel, Esq.
Itak K. Moradi, Esq.
Christopher J. Hydal, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California St. Suite 1505
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
rspiegel@saverilawfirm.com
dseidel@saverilawfirm.com
imoradi@saverilawfirm.com
chydal@saverilawfirm.co
- and -
Robert N. Kaplan, Esq.
Elana Katcher, Esq.
KAPLAN FOX & KILSHEIMER LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Telephone: (212) 687-1980
E-mail: rkaplan@kaplanfox.com
ekatcher@kaplanfox.com
The Defendants are represented by:
David I. Gelfand, Esq.
Jeremy J. Calsyn, Esq.
Nowell D. Bamberger, Esq.
Caleb J. Robertson, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
2112 Pennsylvania Avenue, NW
Washington, DC 20037
Telephone: (202)974-1500
Facsimile: (202)974-1999
E-mail: dgelfand@cgsh.com
jcalsyn@cgsh.com
nbamberger@cgsh.com
cjrobertson@cgsh.com
- and -
Beth A. Wilkinson, Esq.
James M. Rosenthal, Esq.
Matthew Skanchy, Esq.
Alysha Bohanon, Esq.
Jenna Pavelec, Esq.
Moira K. Penza, Esq.
Jeremy Barber, Esq.
WILKINSON STEKLOFF LLP
2001 M Street NW, 10th Floor
Washington, DC 20036
Telephone: (202) 847-4000
Facsimile: (202) 847-4005
E-mail: bwilkinson@wilkinsonstekloff.com
jrosenthal@wilkinsonstekloff.com
mskanchy@wilkinsonstekloff.com
abohanon@wilkinsonstekloff.com
jpavelec@wilkinsonstekloff.com
mpenza@wilkinsonstekloff.com
jbarber@wilkinsonstekloff.com
- and -
Lauren Sachi Wulfe, Esq.
ARNOLD & PORTER KAYE SCHOLER LLC
777 S. Figueroa Street, 44th Floor
Los Angeles, CA 90017
Telephone: (213) 243-4211
Facsimile: (213) 243-4199
E-mail: lauren.wulfe@arnoldporter.com
- and -
Mark C. Hansen, Esq.
Michael J. Guzman, Esq.
David L. Schwarz, Esq.
KELLOGG, HANSEN, TODD, FIGEL &
FREDERICK, P.L.L.C.
1615 M Street, NW Suite 400
Washington, DC 20036
Telephone: (202) 326-7900
E-mail: mhansen@kellogghansen.com
mguzman@kellogghansen.com
dschwarz@kellogghansen.com
ASP ISOTOPES: Continues to Defend Corredor Securities Class Suit
----------------------------------------------------------------
ASP Isotopes Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the Company continues
to defend itself from the Corredor securities class suit in the
United States District Court for the Southern District of New
York.
On December 4, 2024, a purported stockholder of the Company filed a
putative securities class action on behalf of purchasers of the
Company's securities between October 30, 2024 through November 26,
2024 against ASP Isotopes Inc. and certain of its executive
officers in the United States District Court for the Southern
District of New York (Corredor v. ASP Isotopes Inc., et al., Case
No. 1:24-cv-09253 (S.D.N.Y)) (the "Securities Class Action"). The
Securities Class Action alleges that the Company, its chief
executive officer and chief financial officer ("Defendants") made
materially misleading or false statements or omissions regarding
the Company's business and asserts purported claims under 10(b) and
20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5
promulgated thereunder. The complaint seeks unspecified
compensatory damages, attorney's fees and costs.
On May 2, 2025 the Court appointed Mark Leone (“Leone”) as lead
plaintiff and directed the Clerk of court to amend the caption to
substitute Leone for Alexander Corredor as plaintiff.
On May 2, 2025 the Court also appointed lead counsel and set
deadlines for filing an amended consolidated class action complaint
and briefing schedules for a motion to dismiss, if any, and class
certification. On May 27, 2025, Leone and two additional named
plaintiffs ("Plaintiffs") filed the amended class action complaint
("Amended Complaint"), that asserts the same causes of action and
seeks the same relief as the initial complaint and is based upon
substantially similar factual allegations as the initial complaint.
On June 27, 2025, Defendants filed a motion to dismiss the Amended
Complaint. Also on June 27, 2025, Plaintiffs filed a motion for
class certification.
On July 25, 2025, Plaintiffs filed an opposition to Defendants'
motion to dismiss. Also on July 25, 2025, Defendants filed an
opposition to Plaintiffs' motion for class certification.
Defendants intend to vigorously defend against the Securities Class
Action.
ASP engages in the production, distribution, marketing, and sale of
isotopes.
AUSTRALIA: Agrees to Settle Robodebt Scandal Class Suit for $475MM
------------------------------------------------------------------
Samantha Dick, writing for ABC News, reports that the federal
government has agreed to pay $475 million in compensation to the
victims of the Coalition government's Robodebt scandal.
Attorney-General Michelle Rowland said if approved by the Federal
Court, the payout would be the largest class action settlement in
Australian history, covering hundreds of thousands of people.
What's next?
Class action members are not required to take any action at this
stage, other than ensuring their contact details are up to date
with Services Australia.
The federal government has agreed to pay $475 million in
compensation to the thousands of victims of the Coalition
government's Robodebt scandal.
Robodebt was an automated government scheme that used a faulty
algorithm to incorrectly demand tens of thousands of welfare
recipients pay debts they did not owe.
The scandal pushed some of Australia's poorest people further into
debt, with many taking out loans they could not afford to make the
urgent repayments.
Attorney-General Michelle Rowland said if approved by the federal
court, the payout would be the largest class action settlement in
Australian history, covering hundreds of thousands of victims.
Peter Gordon, the founder of law firm Gordon Legal, said the day
was a "day of vindication and validation for hundreds of thousands
of Australians afflicted by the Robodebt scandal."
"More than 450,000 Australians have or will benefit from this
settlement," he told reporters.
"It is, of course, far and away the largest class action settlement
in Australia's history."
A previous class action in 2020 resulted in the refunding of
incorrect debts with interest and wiping of other debts accrued
through the illegal system, but did not provide compensation for
associated losses, including distress and suffering.
In a statement, Ms Rowland said the royal commission described
Robodebt as a "crude and cruel mechanism, neither fair nor legal".
"Settling this claim is the just and fair thing to do," she said.
Former Labor leader Bill Shorten, who called for a royal commission
into the Robodebt scandal from opposition, welcomed the historic
settlement.
"Along with Gordon Legal, when we started the class action in 2019,
I said that Robodebt was unlawful, unjust, and unconscionable," he
said in a statement.
"Today's outcome shows that those warnings were right -- and that
governments must never again put expedience ahead of justice."
Australia Council of Social Service chief executive Cassandra
Goldie said the settlement recognised the scheme's "devastating
impacts", but said those responsible have not been held to account.
"Ten years on from when Robodebt commenced, no one responsible for
its design, implementation and continuation has been publicly held
accountable in a way that delivers justice for its victims and
their families," she said in a statement.
The agreement would also allow the court to determine separate
amounts for the applicants' reasonable legal costs, not exceeding
$13.5 million, and for the reasonable costs of administering the
settlement, not exceeding $60 million.
Class action members are not required to take any action at this
stage, other than ensuring their contact details are up to date
with Services Australia.
Law firm Gordon Legal said class actions had now resulted in more
than $2.4 billion of financial redress in total.
Class action member and Robodebt victim Felicity Button said the
announcement was "bittersweet".
"It doesn't matter how vulnerable a population is, and it doesn't
matter where you come from or what your circumstances are, there is
no room in Australia for unethical and illegal conduct,
particularly within our government," she said.
Mr Gordon said he recognised the mental health impacts of the
Robodebt scheme, which the Royal Commission linked to at least two
known suicides.
"For some, there are wounds that will never heal and we can never
do justice to those people, and the system can't," he said.
"But what we do hope and feel is that people today feel that their
voices have been heard."
Gordon Legal senior partner Andrew Grech said class action members
will have the option of individualised assessments.
"One of the problems brought about was Robodebt was people being
treated like numbers," he said.
"We're not going to do that in this settlement." [GN]
BEAUTY HEALTH: Continues to Defend Consumer Class Suit
------------------------------------------------------
The Beauty Health Company 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 a consumer
class suit.
On October 24, 2024, Jason Davalos ("Jason Davalos"), Sonia Davalos
("Sonia Davalos", and collectively with Jason Davalos, the
"Davaloses"), and Sol Tan Tanning & Spa LLC ("Sol Tan", and
collectively with the Davaloses, the "Class Action Plaintiffs"),
individually and on behalf of all others similarly situated, filed
a putative class action complaint against Hydrafacial LLC d/b/a The
Hydrafacial Company and The Beauty Health Company (collectively,
the "Class Action Defendants") for alleged violations of New York
consumer fraud statutes, breach of contract, and common law breach
of implied warranties (the "Consumer Class Action"). The case is
captioned Jason Davalos, Sonia Davalos, Sol Tan Tanning & Spa LLC,
on behalf of themselves and all others similarly situated v.
Hydrafacial LLC dba The Hydrafacial Company, and The Beauty Health
Company, Case No. 24-cv-8073 (S.D.N.Y.) (Caproni, J.) The complaint
alleges that all three versions of the Syndeo machine (Syndeo 1.0,
Syndeo 2.0, and Syndeo 3.0) were defective and did not perform in
the manner in which it had been represented by Class Action
Defendants. Class Action Plaintiffs claim that Class Action
Defendants made various misrepresentations in its marketing and
sales of the Syndeo machines and, rather than provide a refund to
customers for the defective machines, replaced them with another
Syndeo machine that exhibited the same defects. Class Action
Plaintiffs purport to bring claims on behalf of themselves, and all
other similarly situated purchasers within the United States, of
Class Action Defendants' Syndeo machines. The complaint asserts
five causes of action: (1) violations of N.Y. G.B.L., § 349, the
state consumer production statute; (2) violations of N.Y. G.B.L.,
§ 350, the state's false advertising statute; (3) breach of
contract; (4) breach of the implied warranty of merchantability;
and (5) breach of the implied warranty of fitness. The relief
sought in the complaint includes monetary damages allegedly
suffered by Class Action Plaintiffs and other members of the
putative class as a result of Class Action Defendants' alleged
violations and breaches, including a trebling of any money damages
award for alleged violations of N.Y. G.B.L., Sec. 349 and § 350.
On December 30, 2024, the Class Action Defendants filed a motion to
dismiss the Consumer Class Action complaint in its entirety. On
January 3, 2025, the Class Action Defendants filed a motion to stay
discovery during the pendency of their motion to dismiss. On
January 8, 2025, the Davaloses voluntarily dismissed their claims
against the Class Action Defendants pursuant to Fed. R. Civ. P.
41(a)(1)(A)(i), leaving Plaintiff Sol Tan as the sole remaining
Consumer Class Action Plaintiff. Plaintiff Sol Tan filed their
opposition brief on January 9, 2025, and the Class Action
Defendants filed their reply brief on January 13, 2025. On January
16, 2025, the court granted the parties' joint stipulation to
adjourn the January 17, 2025 initial pretrial conference and stay
the action pending the parties' completion of a private mediation.
As part of its order, the court also (1) adjourned Plaintiff Sol
Tan's deadline to respond to the Class Action Defendants' motion to
dismiss sine die pending the outcome of mediation; (2) denied as
moot the Class Action Defendants' motion to stay discovery in light
of the parties' agreement to stay discovery pending the outcome of
mediation; and (3) directed the parties to (a) file a joint letter
on or before February 7, 2025, indicating the date (not later than
May 8, 2025) on which the mediation is scheduled to occur; and (b)
within seven days after the mediation, either (i) file a joint
letter indicating that settlement was reached; or (ii) file a
revised proposed case management plan and a revised joint letter
required by the court's Notice of Initial Pretrial Conference. On
February 7, 2025, the parties filed a joint letter notifying the
court that they had agreed to mediate before Greg Danilow of
Phillips ADR Enterprises. The parties conducted the private
mediation on April 29, 2025; however, the parties were unable to
reach a settlement at the mediation. Pursuant to the parties'
so-ordered January 16 joint stipulation, on May 7, 2025, the
parties filed a revised proposed case management plan and a revised
joint letter in accordance with the court's Notice of Initial
Pretrial Conference. On the same day, the court endorsed the joint
submission and ordered Plaintiff to file an amended complaint no
later than June 2, 2025, and scheduled an initial pretrial
conference for July 18, 2025. On June 2, 2025, Plaintiff and
fifteen other alleged purchasers of the Syndeo machines filed an
amended complaint asserting: (1) violations of N.Y. G.B.L., § 349
(Count IV), the state consumer protection statute; (2) violations
of N.Y. G.B.L., § 350 (Count V), the state's false advertising
statute; (3) breach of the implied warranty of merchantability
(Count I); (4) breach of express and implied contract and
class-wide rescission (Count II); and (5) breach of express
warranty (Count III). The relief sought in the amended complaint
includes monetary damages allegedly suffered by Class Action
Plaintiffs and other members of the putative class as a result of
Class Action Defendants' alleged violations and breaches, including
a trebling of any money damages award for alleged violations of
N.Y. G.B.L., § 349 and § 350. On June 23, 2025, Defendants moved
to (i) dismiss Counts I, II, IV, and V in full; (ii) partially
dismiss Count III to the extent it alleges design defects; (iii)
dismiss all claims brought by plaintiff Jennifer Skuratov d/b/a Spa
Thirsty in full; (iv) dismiss all claims against the Company in
full; and (v) dismiss Plaintiffs' claim for injunctive relief. The
initial pretrial conference originally scheduled for July 18, 2025
has been adjourned to August 15, 2025.
The Company believes that the claims asserted in the Consumer Class
Action have no merit and Class Action Defendants intend to
vigorously defend them.
BEAUTY HEALTH: Sept. 17 Hearing on Bid to Junk PSLRA Suit
---------------------------------------------------------
The Beauty Health Company 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 a hearing is scheduled on for
September 17, 2025, its motion to dismiss the Private Securities
Litigation Reform Act lawsuit.
On January 16, 2024, putative class members Jeff and Kevin Brown,
Priscilla and Martjn Dijkgraaf, and Joseph Jou filed three
competing motions for appointment as lead plaintiff under the
Private Securities Litigation Reform Act ("PSLRA"), 17 U.S.C. Sec.
78u-4(a)(3). On January 31, 2024, Joseph Jou filed a notice of
non-opposition to the Browns' and Dijkgraafs' motions for
appointment as lead plaintiff.
On May 2, 2024, the court granted the Dijkgraafs' motion for
appointment as lead plaintiff and approved the Dijkgraafs' counsel,
Hagens Berman, as lead counsel. On July 1, 2024, lead plaintiffs
filed a consolidated amended class action complaint asserting the
same causes of action as the original complaint. The Securities
Class Action case is assigned to U.S. District Judge Sherilyn Peace
Garnett. On September 30, 2024, the Company filed a motion to
dismiss the consolidated amended class action complaint in its
entirety. Plaintiffs filed their opposition brief on November 22,
2024, and the Company filed its reply brief on December 23, 2024.
A hearing on the Defendants' motion to dismiss was scheduled for
January 15, 2025. On January 10, 2025, the court granted the
parties' joint stipulation to adjourn the January 15, 2025 hearing.
On January 17, 2025, the court granted the parties' joint
stipulation to withdraw briefing on Defendants' motion to dismiss
without prejudice to refiling and to briefly stay proceedings so
that the parties can complete a private mediation. The parties
conducted the private mediation on March 27, 2025. The parties were
unable to reach a settlement at the mediation. On April 16, 2025,
the court so-ordered the parties' stipulation. On May 5, 2025, the
plaintiffs filed an amended complaint. On July 11, 2025, Defendants
filed a motion to dismiss the amended complaint in its entirety. A
hearing is scheduled on Defendants' motion for September 17, 2025.
CANDYWAREHOUSE.COM INC: Hampton Balks at Blind-Inaccessible Website
-------------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated, Plaintiff v. Candywarehouse.com, Inc., Case No.
1:25-cv-10370 (N.D. Ill., Aug. 29, 2025) alleges that the Defendant
failed to design, construct, maintain, and operate their website,
https://www.candywarehouse.com, 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 Candywarehouse.com provides to
their non-disabled customers through its website. The Defendant's
denial of full and equal access to its website, and therefore
denial of its products and services offered, and in conjunction
with its physical locations, is a violation of Plaintiff's rights
under the ADA.
Yet, Candywarehouse.com contains significant access barriers that
make it difficult if not impossible for blind and visually-impaired
customers to use the website. The access barriers make it
impossible for blind and visually-impaired users to even complete a
transaction on the website, says the suit.
Candywarehouse.com provides to the public a wide array of the
goods, services, price specials and other programs offered by
Candywarehouse.com.[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
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
CAPITAL ONE: Faces Tollaksen Suit Over Deceptive Rewards Program
----------------------------------------------------------------
JEFF TOLLAKSEN, individually and on behalf of all others similarly
situated, Plaintiff v. CAPITAL ONE FINANCIAL CORPORATION; CAPITAL
ONE, N.A.; WIKIBUY, LLC; AND WIKIBUY HOLDINGS, LLC, Defendants,
Case No. 1:25-cv-01426 (E.D. Va., August 28, 2025) arises from the
Defendants' alleged engagement in unlawful bait-and-switch scheme
in violation of the California Unfair Competition Law and the
California Consumer Legal Remedies Act.
According to the complaint, Capital One offers its own type of tool
-- Capital One Shopping -- which has attracted millions of users
nationwide, with promises for exclusive deals, coupons, and better
prices. Originally launched as Wikibuy, Capital One Shopping
automatically scans thousands of retailers to find and apply the
best available coupon codes at checkout. It also compares prices in
real time, alerting users if a better deal is available from
another seller, factoring in shipping costs and membership
discounts.
The suit alleges that Capital One Shopping operates as a
bait-and-switch scheme wherein it promises rewards and incentives
to consumers, but frequently and systematically fails to honor its
promises. The rewards and incentives often never materialize --
despite a customer making a qualifying purchase -- and when they
do, the so-called "rewards" are often for lower amounts than
advertised, it adds.
Plaintiff Tollaksen is one of millions of customers who used
Capital One Shopping. The Defendants routinely did not credit to
him rewards which he had earned, often failing to record legitimate
transactions, providing a reward at a substantially lower rate than
advertised, reducing his reward to zero, or even deciding,
retroactively, that his purchase was ineligible for rewards, says
the suit.
Capital One Financial Corporation is an American bank holding
company.[BN]
The Plaintiff is represented by:
Barry Coburn, Esq.
COBURN, GREENBAUM & EISENSTEIN PLLC
1710 Rhode Island Avenue NW, 2nd Floor
Washington, D.C. 20036
Telephone: (202) 630-2844
E-mail: barry@coburngreenbaum.com
- and -
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
Nada Djordjevic, Esq.
Daniel Schwartz, Esq.
James Ulwick, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
ndjordjevic@dicellolevitt.com
dschwartz@dicellolevitt.com
julwick@dicellolevitt.com
CAR WASH: Jacome Suit Seeks Minimum Wages Under Labor Code
----------------------------------------------------------
OLIVERIO GOMEZ JACOME, on behalf of all similarly situated
individuals v. CAR WASH ON BROADWAY LLC dba CITI CAR WASH, a
California limited liability company; and DOES 1-10, inclusive,
Case No. 25STCV25658 (Cal. Super., Los Angeles Cty., Sept. 2, 2025)
alleges that the Defendants failed to pay minimum wage for all
hours worked under the California Labor Code.
According to the complaint, the Defendants failed to compensate
Plaintiff and the Aggrieved Employees for all hours worked because
Defendants had a policy and/or practice whereby they required
and/or pressured Plaintiff and Aggrieved Employees to work under
Defendants’ control while off-the-clock, including but not
limited 24 to forcing or requiring Plaintiff and Aggrieved
Employees to work while they were clocked out for their meal
periods.
Mr. Jacome was employed by Defendants as a Car 4 Washer, a
full-time nonexempt position, from approximately June 2023 through
the present day.
The Defendant offers car wash services.[BN]
The Plaintiff is represented by:
Bardia A. Akhavan, Esq.
AKHAVAN & ASSOCIATES
15760 Ventura Boulevard, Suite 1720
Encino, CA 91436
Telephone: (855) 463-4733
E-mail: Bardia@baalaw.com
CIOX HEALTH: Colfer Suit Removed to M.D. North Carolina
-------------------------------------------------------
The case captioned as Kathryn Colfer, on behalf of herself and all
others similarly situated v. CIOX HEALTH, LLC, Case No.
25CV007764-310 was removed from the Superior Court of the Superior
Court Division of Durham County, North Carolina, to the United
States District Court for Middle District of North Carolina on
Sept. 2, 2025, and assigned Case No. 1:25-cv-00792.
In her Complaint, Plaintiff asserts various claims against Datavant
and seeks to recover actual and compensatory damages, statutory
damages, treble damages, interest, costs and attorneys' fees.
Specifically, Plaintiff alleges that Datavant is liable for treble
the amount of fees Plaintiff alleges were charged in excess of the
Fee Statute under North Carolina's Unfair and Deceptive Trade
Practices Act (the "NCUTP"), and that Datavant is liable for
statutory damages "in the maximum amount allowed by law" each
instance in which Datavant has allegedly collected or attempted to
collect the disputed fees under North Carolina's Debt Collection
Act (the "Debt Collection Act").[BN]
The Defendants are represented by:
Mason Veal, Esq.
BURR & FORMAN LLP
101 South Tryon Street, Suite 2610
Charlotte, NC 28280
Phone: (704) 347-1170
Fax: (704) 347-4467
Email: mveal@burr.com
COINBASE GLOBAL: Carmassi Suit Transferred to S.D. New York
-----------------------------------------------------------
The case styled as Giovanni Carmassi, individually and on behalf of
all others similarly situated v. Coinbase Global, Inc., Coinbase,
Inc., Case No. 3:25-cv-04838 was transferred from the U.S. District
Court for the Northern District of California, to the U.S. District
Court for the Southern District of New York on Sept. 2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07266-ER to the
proceeding.
The nature of suit is stated as Other Personal Property.
Coinbase -- https://www.coinbase.com/ -- is a secure online
platform for buying, selling, transferring, and storing
cryptocurrency.[BN]
The Plaintiff is represented by:
Dustin Lamm Schubert, Esq.
Amber Love Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union Street, Suite 200
San Francisco, CA 94123
Phone: (415) 788-4220
Email: dschubert@schubertlawfirm.com
aschubert@sjk.law
The Defendants are represented by:
Allison Bingxue Que, Esq.
Sonal Naresh Mehta, Esq.
WILMER CUTLER PICKERING HALE & DORR (DC)
2600 El Camino Real Suite 400
Palo Alto, CA 94306
Phone: (650) 858-6000
Fax: (650) 858-6100
COINBASE GLOBAL: Edlin Suit Transferred to S.D. New York
--------------------------------------------------------
The case styled as Matthew Edlin, individually and on behalf of all
others similarly situated v. Coinbase Global, Inc., Coinbase, Inc.,
Case No. 8:25-cv-01135 was transferred from the U.S. District Court
for the Central District of California, to the U.S. District Court
for the Southern District of New York on Sept. 2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07271-ER to the
proceeding.
The nature of suit is stated as Other Contract.
Coinbase -- https://www.coinbase.com/ -- is a secure online
platform for buying, selling, transferring, and storing
cryptocurrency.[BN]
The Plaintiffs are represented by:
Sabita J. Soneji, Esq.
TYCKO AND ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Phone: (510) 254-6808
Email: ssoneji@tzlegal.com
The Defendants are represented by:
Allison Bingxue Que, Esq.
Sonal N. Mehta, Esq.
WILMER CUTLER PICKERING HALE & DORR (DC)
2600 El Camino Real Suite 400
Palo Alto, CA 94306
Phone: (650) 858-6000
Fax: (650) 858-6100
COINBASE GLOBAL: Gonzalez Suit Transferred to S.D. New York
-----------------------------------------------------------
The case styled as Miguel Gonzalez, individually and on behalf of
all others similarly situated v. Coinbase Global, Inc., Coinbase,
Inc., Case No. 3:25-cv-04689 was transferred from the U.S. District
Court for the Northern District of California, to the U.S. District
Court for the Southern District of New York on Sept. 2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07262-ER to the
proceeding.
The nature of suit is stated as Other Contract.
Coinbase -- https://www.coinbase.com/ -- is a secure online
platform for buying, selling, transferring, and storing
cryptocurrency.[BN]
The Plaintiffs are represented by:
Eric Marc Poulin, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (803) 222-2222
Fax: (843) 494-5536
The Defendants are represented by:
Allison Bingxue Que, Esq.
Sonal N. Mehta, Esq.
WILMER CUTLER PICKERING HALE & DORR (DC)
2600 El Camino Real Suite 400
Palo Alto, CA 94306
Phone: (650) 858-6000
Fax: (650) 858-6100
COINBASE GLOBAL: McGuire Suit Transferred to S.D. New York
----------------------------------------------------------
The case styled as Christopher McGuire, individually and on behalf
of all others similarly situated v. Coinbase Global, Inc.,
Coinbase, Inc., Case No. 3:25-cv-04299 was transferred from the
U.S. District Court for the Central District of California, to the
U.S. District Court for the Southern District of New York on Sept.
2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07257-ER to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Coinbase -- https://www.coinbase.com/ -- is a secure online
platform for buying, selling, transferring, and storing
cryptocurrency.[BN]
The Plaintiffs are represented by:
Tina Wolfson, Esq.
AHDOOT & WOLFSON, PC
521 5th Avenue, 17th Floor
New York, NY 10175
Phone: (917) 336-0171
Fax: (917) 336-0177
Email: twolfson@ahdootwolfson.com
- and -
Robert Ahdoot, Esq.
Theodore Walter Maya
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
Phone: (310) 474-9111
Fax: (310) 474-8585
Email: rahdoot@ahdootwolfson.com
The Defendants are represented by:
Allison Bingxue Que, Esq.
Sonal N. Mehta, Esq.
WILMER CUTLER PICKERING HALE & DORR (DC)
2600 El Camino Real Suite 400
Palo Alto, CA 94306
Phone: (650) 858-6000
Fax: (650) 858-6100
DBM GLOBAL: Fails to Secure Personal Info, Hall Suit Says
---------------------------------------------------------
TIMOTHY HALL, individually and on behalf of all others similarly
situated v. DBM GLOBAL, INC., Case No. 2:25-cv-03175-DGC (d. Ariz.,
Aug. 29, 2025) is a class action against the Defendant for its
failure to properly secure and safeguard the Plaintiff's and other
similarly situated individuals' personally identifying information,
including names, dates of birth and Social Security numbers.
By collecting, storing, and maintaining Plaintiff's and Class
Members' Private Information, DBM Global 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 DBM Global'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 system and exfiltrated
sensitive data stored therein on or about Nov. 12, 2024 (the Data
Breach).
The Data Breach occurred when cybercriminals infiltrated
Defendant's inadequately protected network servers and accessed
highly sensitive PII that was being kept there. After DBM Global
discovered the Data Breach on Nov
20, 2024, it conducted an investigation, which determined that
some data may have been acquired on November 12, 2024.
DBM Global is an industrial services company that provides steel
fabrication, construction, and related services nationwide. 3.
Plaintiff and Class Members are individuals who were required to
indirectly and/or directly provide Defendant with their Private
Information.[BN]
The Plaintiff is represented by:
Anasuya E. Shekhar, Esq.
Gerald D. Wells, III, Esq.
Robert J. Gray, Esq.
LYNCH CARPENTER, LLP
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: Anasuya@lcllp.com
Jerry@lcllp.com
Rob@lcllp.com
DELUXE AUTO: Continues to Defend Labor Class Suit in California
---------------------------------------------------------------
Proficient Auto Logistics Inc. disclosed in its Form 10-Q Report
for the quarterly period ending June 30, 2025 filed with the
Securities and Exchange Commission on August 14, 2025, that the
Company's subsidiary, Deluxe Auto Carriers, continues to defend
itself from a labor class suit in the Riverside County Superior
Court in California.
In May 2024, a former employee filed a class action lawsuit against
Deluxe Auto Carriers, Inc., in Riverside County Superior Court in
California. The lawsuit alleges class claims against Deluxe for
unpaid minimum and overtime wages, non-compliant meal and rest
periods, unreimbursed business expenses, and inaccurate wage
statements, among other claims.
A class settlement was reached for $400,000, in which Deluxe
continues to deny liability. The settlement is subject to court
approval processes, after which payment will be due, and is
included within accrued liabilities on the consolidated balance
sheet as of June 30, 2025. The Company is entitled to
indemnification from the sellers of Deluxe for the potential
liability relating to this contingency.
Deluxe Auto Carriers provides vehicle transport services.
DEVELOPMENT DIMENSIONS: Rounds Sues Over Data Broker Software Use
-----------------------------------------------------------------
TRAVIS ROUNDS, individually and on behalf of all others similarly
situated, Plaintiff v. DEVELOPMENT DIMENSIONS INTERNATIONAL, INC.,
a Delaware corporation; and DOES 1 through 25, inclusive,
Defendants, Case No. 2:25-cv-08145 (C.D. Cal., August 28, 2025)
arises from the Defendant's installation and use of a data broker
software without obtaining consent which is a violation of the
California Trap and Trace Law.
According to the complaint, the Defendant uses data broker software
on its website, https://www.ddiworld.com, to secretly collect data
about Website visitors' computer, location, and browsing habits.
The data broker software then compiles this data and correlates
that data with extensive external records it already has about most
Californians in order to learn the identity of the Website user.
Allegedly, the Defendant has partnered with at least one registered
California Data Broker in order to deanonymize and develop
clandestine user profiles on otherwise anonymous visitors to the
Website. The Defendant has done this by installing at least one
Data Broker Software Development Kit on the Website. This is
accomplished through "browser fingerprinting," a process by which
Data Brokers are able to ascertain the identity of a website
visitor by plotting hundreds of personal identifiers, including a
user's geolocation, device information, identification and
cross-referencing of malicious cookies installed on their devices,
and other traits evident from a user's browser, says the suit.
Development Dimensions International, Inc. is a global leadership
consulting firm with a headquarters in Bridgeville,
Pennsylvania.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
AULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: rtauler@taulersmith.com
eshapiro@taulersmith.com
ELECTROLUX GROUP: Chimicles Probes Defective Frigidaire Ovens
-------------------------------------------------------------
Chimicles Schwartz Kriner & Donaldson-Smith is investigating
potential class action claims concerning certain Frigidaire ovens
whose outer glass door panels may spontaneously shatter without
warning. Consumers have reported that the glass in the oven door
may suddenly break at any time regardless of whether or not it is
being actively used.
These incidents often involve a loud popping sound followed by
shattered glass scattering across the kitchen, creating a safety
hazard for nearby individuals and pets. Several consumers who have
gotten repairs or replacements often report reoccurrences of
shattered glass breakage.
If you own a Frigidaire oven and have experienced the glass on the
oven door shattering or breaking unexpectedly, please fill-out the
form provided below with details of your situation. [GN]
FARMERS INSURANCE: Thomas Files Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Farmers Insurance
Exchange, et al. The case is styled as Richard Thomas, individually
and on behalf of all others similarly situated v. Farmers Insurance
Exchange, Farmers Group, Inc., Case No. 2:25-cv-08248 (C.D. Cal.,
Sept. 2, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Farmers Insurance Exchange -- https://www.farmers.com/ -- is one of
the insurers comprising Farmers Insurance Group.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Dr.
Beverly Hills, CA 92102
Phone: (858) 209-6941
Fax: (865) 522-0049
Email: jnelson@milberg.com
FLEET QUEST: Sept. 15 Extension for Class Cert Filing Sought
------------------------------------------------------------
In the class action lawsuit captioned as YAZMINE WALTON, JOHN
WARLICK, and SHERROD HUTCHIN, individually and on behalf of all
others similarly situated, v. FLEET QUEST LOGISTICS, LLC, FLEET
QUEST, L.L.C., and SN TRANSPORTATION LLC, Jointly and severally,
Case No. 1:23-cv-00770-PLM-RSK (W.D. Mich.), the Parties have
stipulated and agreed to extend the deadline for Plaintiffs' Reply
to Defendants' Response to Plaintiffs' Motion for Class
Certification to Sept. 15, 2025.
Fleet is a transportation and logistics trucking company.
A copy of the Parties' motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6y2AjR at no extra
charge.[CC]
The Plaintiffs are represented by:
Jack W. Schulz, Esq.
SCHULZ GHANNAM PLLC
645 Griswold St Ste 4100
Detroit, MI, 48226
Telephone: (313) 788-7446
E-mail: jack@michiganworkerlaw.com
- and -
Kevin Ernst, Esq.
Hannah R. Fielstra, Esq.
ERNST LAW FIRM, PLC
645 Griswold, Ste. 4100
Detroit, MI 48226
Telephone: (313) 965-5555
E-mail: kevin@ernstlawplc.com
The Defendants are represented by:
Ronald G. DeWaard, Esq.
Jeffrey D. Koelzer, Esq.
VARNUM LLP
333 Bridge Street, NW, Suite 1700
Grand Rapids, MI 49504
Telephone: (616) 336-6000
E-mail: rgdewaard@varnumlaw.com
jdkoelzer@varnumlaw.com
FURNICHE LLC: Lucien Seeks Equal Website Access for the Blind
-------------------------------------------------------------
CESAR LUCIEN, on behalf of himself and all others similarly
situated, Plaintiff v. FURNICHE LLC, Defendant, Case No.
1:25-cv-07142 (S.D.N.Y., August 28, 2025) is a civil action against
the Defendant for its failure to design, construct, maintain, and
operate the its website, https://www.furniche.com, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired individuals in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State Civil Rights Law.
On multiple occasions, including August 4, 2025, and August 5,
2025, the Plaintiff attempted to access Defendant's website, using
the NVDA screen-reading software. The Plaintiff sought to browse
and purchase furniture, explore design services, and participate in
promotional programs advertised to consumers in New York.
Despite repeated attempts, the Plaintiff was unable to meaningfully
engage with website offerings due to pervasive accessibility
barriers. These barriers materially interfered with Plaintiff's
ability to browse products, understand specifications, complete
purchases, and access design services, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Furniche LLC is a national online furniture and interior design
platform operated from its principal office in Miami, Florida.[BN]
The Plaintiff is represented by:
Michael A. James, Esq.
Jon L. Norinsberg, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Ave. Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: Mjames@employeejustice.com
jon@norinsberglaw.com
GREENACRES NETWORK: Hernandez Files TCPA Suit in S.D. Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Greenacres Network,
LLC. The case is styled as Jorge Enrique Hernandez, individually
and on behalf of all others similarly situated v. Greenacres
Network, LLC, Case No. 1:25-cv-23938-BB (S.D. Fla., Sept. 2,
2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Green Acres is an established commercial and residential landscape
and grounds maintenance company serving the greater Indianapolis
area since 1986.[BN]
The Plaintiff is represented by:
Garrett O. Berg, Esq.
GARRETT BERG LAW, P.A.
555 NE 15th St., Ste. Ph. A
Miami, FL 33132
Phone: (305) 298-2253
Email: garrett@gberglegal.com
- and -
Christopher Chagas Gold, Esq.
GOLD LAW, PA
350 Lincoln Rd., 2nd Floor
Miami Beach, FL 33139
Phone: (561) 789-4413
Email: chris@chrisgoldlaw.com
HALAL GUYS: Hegazy Seeks to Certify Class
-----------------------------------------
In the class action lawsuit captioned as AHMED HEGAZY, SHRIEF SROR,
RAMIZ SHEHATTA, et al., on behalf of themselves and all other
similarly situated, v. THE HALAL GUYS, INC., ALL 53 SW INC., NIGHT
53 SE INC., THE HALAL GUYS FRANCHISE INC., ALTAWHID FOOD SUPPLY
INC., DAY 53 SE INC., ELSALAM ENTERPRISE INC., AHMED ELSAKA,
ABDELBASET ELSAYED, MOHAMED ABOUELENEIN a/k/a MOHAMMED ABOUELENEIN,
AHMED ABOUELENEIN, and ABDALLAH ABOUELENEIN, Case No.
1:22-cv-01880-LAP-KHP (S.D.N.Y.), the Plaintiffs ask the Court to
enter an order:
(1) Certifying both the Spread of Hours Class and the Food Carts
Class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) defined
as follows:
The Spread of Hours Class defined as:
"All individuals who worked as non-exempt employees at the
Defendants' restaurant located at 720 Amsterdam Avenue, New
York, NY and/or at their food carts in New York City between
April 20, 2014 and April 1, 2021 (the "Class Period") and
worked shifts where the spread of hours between the
beginning and end of the individual's workday exceeded ten
hours and for which the Defendants did not pay them spread
of hours pay of an extra hour of pay at the basic minimum
wage rate, excluding any immediate family member of the
individual defendants (Ahmed Elsaka, Abdelbaset Elsayed,
Mohamed Abouelenein A/K/A Mohammed Abouelenein, Ahmed
Abouelenein, and Abdallah Abouelenein) and any individuals
who released their NYLL claims against the Defendants in
previous wage and hour settlements"; and
The Food Carts Class defined as:
"All individuals who worked as non-exempt employees at the
Defendants' food carts in New York City between April 20,
2014 and Feb. 12, 2018 (the "Class Period"), and worked more
than 40 hours in a workweek for which the Defendants did not
pay them overtime pay for each hour worked over 40 in a
workweek at the rate of one and one half times their regular
hourly rate of pay and/or from whom Defendants improperly
retained gratuities that customers intended to be paid to
the Defendants' employees and/or to whom the Defendants did
not provide proper section 195(1) wage rate notices and
section 195(3) wage statements as required by the section
195 of the NYLL, excluding any immediate family member of
the individual defendants (Ahmed Elsaka, Abdelbaset Elsayed,
Mohamed Abouelenein A/K/A Mohammed Abouelenein, Ahmed
Abouelenein, and Abdallah Abouelenein) and any individuals
who released their NYLL claims against Defendants in
previous wage and hour settlements";
(2) Appointing Named Plaintiffs Ahmed Hegazy and Shrief Sror as
class representatives for each class;
(3) Appointing the Plaintiffs' counsel as class counsel;
(4) Directing Defendants to provide class counsel with a list
of members of the Spread of Hours Class and their last known
addresses, telephone numbers, and email addresses, and a
separate list of members of the Food Carts Class and their
last known addresses, telephone numbers, and email
addresses, within fourteen days of the grants of class
certification; and
(5) Authorizing dissemination of the proposed Spread of Hours
Notice of Class Action to the Spread of Hours Class Members
and dissemination of the proposed Food Carts Notice of Class
Action to the Food Carts Class Members via U.S.P.S first
class mail and via text message link to a website with the
complete Notices of Class Action, and
The Plaintiffs include WALED SOLTAN, AHMED ABOUELKHAIR, AHMED
ABDELMONEIM, KHALED HASSAN, HOSSAM AHMED, ISLAM SOLIMAN, NASER
DAKHLY, MOHAMED AHMDEIN, ABDALLAH ELBASUONY, AHMED AWD, AHMED
ELBOHY, ALLEN ETI, HAKEEM HARUNA, HAMDY DESOUKY, HANY MOHAMED,
JOANNA ROMERO, KARIM FAYED, KAVON BRERETON, MAHMOUD ELGANZOURY,
MAHMOUD ELNAGAR, MAHMOUD ELNAHTAWY, MAHMOUD GOUDA, MOHAMED ESHIBA,
MOHAMED HAMZA, MOUSTAPHA FALL, NDEYE SOUKEYE THIAM, PATRICIA
MARQUEZ, SAEED ELNAGAR, SAMANTHA CORNELIUS, TAREK AHMED, YARIELIZ
RIVERA, and YASSER FARES.
Halal is a halal fast casual restaurant franchise.
A copy of the Plaintiffs' motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=LVc3ex at no extra
charge.[CC]
The Plaintiffs are represented by:
David Harrison, Esq.
Julie Salwen, Esq.
HARRISON, HARRISON & ASSOCIATES, LTD.
90 Broad Street, 2nd Floor
New York, NY 10004
Telephone: (718) 799-9111
The Defendants are represented by:
Jeffrey Kimmel, Esq.
Mohammad Adil Yaqoob, Esq.
AKERMAN, LLP
1251 Avenue of the Americas, 37th Floor
New York, NY 10020
Telephone: (212) 880-3800
E-mail: jeffrey.kimmel@akerman.com
HARD ROCK: Syla Suit Seeks FLSA Conditional Certification
---------------------------------------------------------
In the class action lawsuit captioned as JETNIK SYLA and BESNIK
BERISHA, on behalf of themselves and others similarly situated, v.
HARD ROCK INTERNATIONAL (USA), INC., HARD ROCK HOTELS, INC., HR
HOTEL NYC LLC d/b/a HARD ROCK HOTEL NEW YORK, NYY STEAK LLC, NYY
STEAK MANHATTAN, LLC and KLAUBER PINTO, Case No.
1:24-cv-08247-JLR-HJR (S.D.N.Y.), the Plaintiffs ask the Court to
enter an order:
-- Granting conditional certification of a collective action
pursuant to the Fair Labor Standards Act (FLSA),
-- Mailing of a court-authorized notice to the putative
collective action members, as well as such other and further
relief as the Court deems just and proper.
Hard Rock provides hospitality services.
A copy of the Plaintiffs' motion dated Aug. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=iMmZ6k at no extra
charge.[CC]
The Plaintiffs are represented by:
William Brown, Esq.
Angela Kwon, Esq.
BROWN KWON & LAM, LLP
521 Fifth Avenue, 17th Floor
New York, NY 10175
Telephone: (212) 295-5828
Facsimile: (718) 795-1642
E-mail: wbrown@bkllawyers.com
akwon@bkllawyers.com
The Defendants are represented by:
Kathleen McLeod Caminiti, Esq.
Sarah Wieselthier, Esq.
FISHER & PHILLIPS LLP
400 Connell Drive, Suite 4000
Berkeley Heights, NJ 07922
Telephone: (908) 516-1064
E-mail: kcaminiti@fisherphillips.com
swiesselthier@fisherphillips.com
HEALTHCARE REVENUE: $500K Class Fund in Morales Gets Final Nod
--------------------------------------------------------------
In the class action lawsuit captioned as ALEJANDRO MORALES, on
behalf of himself and those similarly situated, v. HEALTHCARE
REVENUE RECOVERY GROUP, LLC and JOHN DOES 1 to 10, Case No.
2:15-cv-08401-JBC (D.N.J.), the Hon. Judge James Clark entered an
order granting final approval of the class action settlement as
follows:
As set forth in Section III of the Settlement Agreement, the
Defendants agree to pay $500,000 ("Class Fund") to the Settlement
Class to be distributed in equal shares to the Remaining Class
Members within 21 days from the date this Order is entered.
For efforts on behalf of the Class and to settle individual claims,
the Defendants shall pay $15,000 to the Plaintiff Alejandro Morales
within seven (7) days of the date of this Order.
The Defendant shall pay Class Counsel's fees and costs in the
amount of $600,000, which payment includes costs and expenses
(excluding the expenses of the Settlement Administrator), and time
already spent.
The Settlement Class was defined in the Settlement Agreement as:
"All consumers residing in the State of New Jersey, to whom,
from Dec. 2, 2014 to Dec. 2, 2015, the Defendant sent a
collection letter; which letter (a) was seeking to collect a
consumer debt on behalf of creditor EMER PHY ASSOC N JERSEY;
and (b) was sent in a window envelope such that the barcode
was visible from outside the envelope which a smartphone
could scan to reveal an IRN and the first ten characters of
the recipient's street address."
Healthcare provides collection services to health care sector.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=FDXZvB at no extra
charge.[CC]
HEALTHCARE SERVICES: Henderson Sues Over Failure to Secure PII
--------------------------------------------------------------
Harold Henderson, individually and on behalf of all others
similarly situated v. HEALTHCARE SERVICES GROUP, INC., Case No.
2:25-cv-05004 (E.D. Pa., Aug. 31, 2025), is brought arising from
Defendant’s failure to properly secure and safeguard Private
Information that was entrusted to it and its accompanying
responsibility to store and transfer that information, on behalf of
all persons who entrusted Defendant with sensitive Personally
Identifiable Information (“PII” or “Private Information”)
that was impacted in a cyber incident (the “Data Breach” or the
“Breach”).
On October 7, 2024, Defendant learned of potential unauthorized
access to certain computer systems. Upon learning of the activity,
Defendant launched an investigation to determine the nature and
scope of the Data Breach. The Defendant’s investigation
determined that an unauthorized actor may have accessed and copied
certain files on Defendant’s computer systems between September
27, 2024, and October 3, 2024. As a result, Defendant conducted a
review of the files involved to determine whether they contained
sensitive information and to whom the information relates.
On August 25, 2025 – more than 10 months after becoming aware of
the Data Breach - Defendant issued a public disclosure about the
Data Breach and began sending notice letters (“Notice”) to
impacted individuals. The Defendant failed to take precautions
designed to keep individuals’ Private Information secure. The
Defendant owed Plaintiff and Class Members a duty to take all
reasonable and necessary measures to keep the Private Information
collected safe and secure from unauthorized access. Defendant
solicited, collected, used, and derived a benefit from the Private
Information, yet breached its duty by failing to implement or
maintain adequate security practices.
The Private Information compromised in the Data Breach contained
highly sensitive data, representing a gold mine for data thieves.
The data included, but is not limited to, Social Security numbers,
that Defendant collected and maintained on behalf of Plaintiff and
Class Members. Therefore, Plaintiff and Class Members have suffered
and are at an imminent, immediate, and continuing increased risk of
suffering, ascertainable losses in the form of harm from identity
theft and other fraudulent misuse of their Private Information, the
loss of the benefit of their bargain, out-of-pocket expenses
incurred to remedy or mitigate the effects of the Data Breach, and
the value of their time reasonably incurred to remedy or mitigate
the effects of the Data Breach, says the complaint.
The Plaintiff and Class Members provided their Private Information
to Defendant.
The Defendant is a national provider of housekeeping, dining, and
nutrition services within the healthcare industry.[BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
Courtney Maccarone, Esq.
KOPELOWITZ OSTROW P.A
65 Overhill Road
Bala Cynwyd, PA 19004
Phone: (954) 525-4100
Email: grunfeld@kolawyers.com
maccarone@kolawyers.com
- and -
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Email: lloginov@shamisgentile.com
INDEX EXCHANGE: Baker Sues Over Unlawful Data-Sharing Arrangement
-----------------------------------------------------------------
JOHN BAKER, individually and on behalf of all others similarly
situated v. INDEX EXCHANGE, INC., Case No. 1:25-cv-10517 (N.D.
Ill., Sept. 2, 2025) arises from the Defendant's alleged dangerous
and unlawful data-sharing arrangement between a Canada-based
advertising platform that conducts extensive business in the United
States and a foreign adversary of the United States.
According to the complaint, Defendant Index Exchange knowingly and
systematically transmitted sensitive user data intercepted from
U.S. websites to Temu, an e-commerce platform owned and operated by
a Chinese-founded parent company with deep ties to China and widely
reported links to its intelligence apparatus.
In April 2025, the U.S. Department of Justice implemented the Data
Security Program, a national security initiative codified at 28
C.F.R. Part 202 (the "Bulk Sensitive Data Rule" or "BSD Rule")
pursuant to Executive Order 14117.
In direct violation of the BSD Rule, Index Exchange, through its
automated advertising infrastructure, transmits U.S. user data to
Temu. Temu receives this data in real time as part of its
participation in Index Exchange’s ad delivery system.
Temu has come under increasing scrutiny from regulators and members
of Congress over concerns that its data practices may facilitate
surveillance by the Chinese government. Investigators have even
warned that Temu may operate as a conduit for state directed data
collection targeting U.S. residents, says the suit.
Index Exchange is a global advertising supply-side platform.[BN]
The Plaintiff is represented by:
Michael Ovca, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: movca@edelson.com
INSTANT CHECKMATE: Clark Suit Removed to D. Colorado
----------------------------------------------------
The case styled as Robert Clark, individually and on behalf of all
other persons similarly situated v. Instant Checkmate, LLC,
Intelius LLC, Truthfinder, LLC, Case No. 25CU023563C was removed
from the Superior Court of California, County of San Diego, to the
U.S. District Court for the District of Colorado on Sept. 2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-02724-MDB to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Instant Checkmate -- https://www.instantcheckmate.com/ -- is a
public records search service.[BN]
ITS LOGISTICS: Court Recommends Approval of Proposed Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as KEITH GUTHRIE,
individually, on a representative basis, and on behalf of all
others similarly situated, v. ITS LOGISTICS, LLC, Case No.
1:21-cv-00729-KES-EPG (E.D. Cal.), the Hon. Judge Erica Grosjean
recommends as follows:
1. The Plaintiff's motion to preliminarily certify the
settlement class and approve the parties proposed settlement
be granted.
2. The following class be conditionally certified:
"All current and former truck drivers who resided in
California and who were employed by the Defendant and paid on
a piece rate basis (e.g., per day or per mile) at any time
during the period of March 1, 2019, through June 28, 2024
(the Class Period).
3. The Plaintiff's PAGA Claims be conditionally approved for
settlement purposes only as representative action under the
Private Attorneys General Act under California Labor Code
section 2698 et seq. on behalf of the following:
"All current and former truck drivers who resided in
California and who were employed by the Defendant, ITS
Logistics, LLC and paid on a piece rate basis (e.g. per day
or per mile) at any time during the period of March 9, 2020,
through June 28, 2024 (the PAGA Period).
4. The Plaintiff Keith Guthrie be appointed as the class
representative.
5. The Plaintiff's counsel Brian Mankin and Misty Lauby be
appointed as class counsel.
6. The proposed class notice be approved, with corrections to
the typographical errors, and then be disseminated according
to the notice plan described in the parties' settlement
agreement.
a. Specifically, the notice states as follows: "Up to one-
third of the Settlement Amount to Class Counsel for
attorneys' fees ($137,500) and up to $27,000 for their
litigation expenses." This notice should be corrected to
read, "Up to one-quarter of the Settlement Amount to Class
Counsel for attorneys' fees ($137,500) and up to $27,000
for their litigation expenses."
b. Also, the notice shall omit the language requiring a
person to provide the "last four digits of your social
security number."
The complaint alleged that, in connection with the Defendant's
employment of the Plaintiff and other truck drivers, the Defendant
violated California employment and unfair-and unlawful competition
laws.
The Defendant provides logistics solutions.
A copy of the Court's recommendations dated Aug. 27, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=HCKLpD
at no extra charge.[CC]
JOINT LOGISTICS: Triplett Balks at Mass Layoff Without Prior Notice
-------------------------------------------------------------------
Amanda Triplett, Marquis Cannon, and Jessie Logan, individually and
on behalf of all other similarly situated former employees,
Plaintiffs v. Joint Logistics K7 Incorporated d/b/a Joint Logistics
K7, Defendant, Case No. 1:25-cv-00137-DMB-DAS (N.D. Miss., August
28, 2025) is a class-action brought on behalf of the Plaintiffs and
all other employees for violation of the Worker Adjustment and
Retraining Notification Act which requires employers to give 60
days' notice prior to a plant closing or 60 days' pay.
The Defendant notified the Plaintiffs and all employees on July 22,
2025, that their last date of work would be on or around July 27,
2025. More than 200 employees were impacted by this mass layoff.
According to the complaint, no reason was provided to the employees
for this decision.
The Defendant violated the WARN Act by failing to give the
Plaintiffs and other class members 60 days' notice of the plant
closing. The Defendant also breached its contract with the
Plaintiffs and other members of the class by failing to pay accrued
vacation and paid time off in violation of Mississippi state law,
says the suit.
Joint Logistics K7 Incorporated is a freight service company.[BN]
The Plaintiff is represented by:
Philip C. Hearn, Esq.
HEARN LAW FIRM, PLLC
PO Box 5009
Jackson, MS 39296
Telephone: (662) 766-7777
Facsimile: (662) 524-3530
E-mail: philip@hearnlawfirm.net
K.K.C. SHOPPING CENTER: Garcia Sues Over Unlawful Physical Barriers
-------------------------------------------------------------------
Erik Garcia, and on behalf of others similarly situated v. K.K.C.
SHOPPING CENTER, LLC, Case No. 4:25-cv-04124 (S.D. Tex., Aug. 31,
2025), is brought based upon Defendant's failure to remove physical
barriers to access and violations of Title III of the Americans
with Disabilities Act ("ADA") and the ADA's Accessibility
Guidelines ("ADAAG").
The Plaintiff has visited the Property twice before as a customer
and advocate for the disabled. The Plaintiff intends to revisit the
Property after the barriers to access detailed in this Complaint
are removed and the Property is accessible again. The purpose of
the revisit is to be a return customer of Saltgrass Steakhouse, to
determine if and when the Property is made accessible and to
substantiate already existing standing for this lawsuit for
Advocacy Purposes.
The Plaintiff intends on revisiting the Property to purchase
services as a return customer as well as for Advocacy Purposes but
does not intend to re-expose himself to the ongoing barriers to
access and engage in a futile gesture of visiting the public
accommodation known to Plaintiff to have numerous and continuing
barriers to access. As such, Plaintiff is dissuaded from returning
back to the Property as a customer until after the barriers to
access are removed, says the complaint.
The Plaintiff uses a wheelchair for mobility purposes.
K.K.C. SHOPPING CENTER, LLC is a Texas limited liability company
that transacts business in the State of Texas and within this
judicial district.[BN]
The Plaintiff is represented by:
Douglas S. Schapiro, Esq.
THE SCHAPIRO LAW GROUP, P.L.
7301-A W. Palmetto Park Rd., #100A
Boca Raton, FL 33433
Phone: (561) 807-7388
Email: schapiro@schapirolawgroup.com
KRISTI NOEM: Bangstad Sues Over Unconstitutional Practices
----------------------------------------------------------
Kirk C. Bangstad, and others similarly situated v. Kristi Noem,
Todd Lyons, The Department of Homeland Security, and United States
Immigration and Custom Enforcement, Case No. 3:25-cv-00733 (W.D.
Wis., Aug. 31, 2025), is brought arises from the unconstitutional
and unlawful practices of the Department of Homeland Security
(“DHS”) and the United States Immigration and Customs
Enforcement (“ICE”) in conducting civil immigration enforcement
operations in Wisconsin. ICE officers have repeatedly carried out
“raid-style” arrests in residential neighborhoods and public
spaces, arriving not as identifiable law enforcement but as heavily
armed soldiers.
The Constitution does not grant ICE the authority to terrorize
communities through the use of military-style raids for civil
immigration enforcement. Unlike combat zones such as Fallujah or
Kandahar, where such tactics might be expected, ICE is not engaged
in warfare. ICE is enforcing civil immigration violations, not
pursuing armed insurgents. Yet its officers storm neighborhoods as
though they are combatants in a foreign conflict, despite the
reality that their targets are often elderly men and women, mothers
with small children, or lawful residents mistakenly swept into
dragnet operations.
These raids are particularly alarming because ICE officers conduct
them without proper insignia or identification. Residents cannot
discern whether the masked and heavily armed figures approaching
their homes are legitimate government agents, criminal impostors,
or vigilantes. This lack of accountability not only violates
constitutional protections but also places the public in immediate
danger, as people confronted by masked and unidentified armed men
may act to defend themselves or their families
As a direct result, Wisconsin residents endure a climate of fear
that suppresses civic life. Parents hesitate to attend school
functions, neighbors avoid community meetings, and congregants fear
gathering for worship, because they cannot be sure masked and
unidentified ICE officers will not descend without warning. This
pervasive fear chills core First Amendment freedoms, discouraging
speech, association, and the ability to petition government for
redress of grievances. The constitutional injury is ongoing and
irreparable, as the right to participate in civic life loses
meaning when exercised under the shadow of armed and anonymous
raids, says the complaint.
The Plaintiff is a resident of Dane County, Wisconsin.
United States Department of Homeland Security (“DHS”) is a
cabinet-level agency of the United States government headquartered
in Washington, D.C.[BN]
The Plaintiff is represented by:
Frederick B. Melms, Esq.
MELMS LAW
219 S. Main St.
Eagle River, WI 54521
Phone: (715) 892-3023
Email: Frederick@melmslaw.com
KRISTI NOEM: L.G.M.L. Sues Over Unlawful Removal from the US
------------------------------------------------------------
L.G.M.L., address omitted per LCvR 5.1; L.M.R.S., address omitted
per LCvR 5.1; M.O.C.G., address omitted per LCvR 5.1; H.L.E.C,
address omitted per LCvR 5.1; T.A.C.P., address omitted per LCvR
5.1; M.F.A.P.V., address omitted per LCvR 5.1; L.F.M.M., address
omitted per LCvR 5.1; G.A.B.B., address omitted per LCvR 5.1;
A.R.M.D., address omitted per LCvR 5.1; and M.Y.A.T.C. 1, address
omitted per LCvR 5.1, on behalf of themselves and all others
similarly situated by and through their next friend v. KRISTI NOEM,
in her official capacity as Secretary of the U.S. Department of
Homeland Security, U.S. DEPARTMENT OF HOMELAND SECURITY, et al.,
Case No. 1:25-cv-02942 (D.D.C., Aug. 31, 2025), is brought as an
emergency complaint accompanied by a request for a temporary
restraining order on behalf of hundreds of Guatemalan children at
imminent risk of unlawful removal from the United States.
The Plaintiffs are 10 unaccompanied minors whom Defendants are
seeking to remove from the United States in clear violation of the
unambiguous protections that Congress has provided them as
vulnerable children. The Plaintiffs have active proceedings before
immigration courts across the country, yet Defendants plan to
remove them in violation of the Trafficking Victims Protection
Reauthorization Act of 2008, the Immigration and Nationality Act,
and the Constitution.
On August 29, 2025, several media outlets reported that Defendants
are planning to imminently remove hundreds of Guatemalan
unaccompanied minors to Guatemala. Although Congress requires that
unaccompanied minors be in the care and custody of the Office of
Refugee Resettlement (“ORR”) and permits their removal only in
specific circumstances provided by statute, Defendants are
imminently planning to illegally transfer Plaintiffs to Immigration
and Customs Enforcement (“ICE”) custody to put them on flights
to Guatemala, where they may face abuse, neglect, persecution, or
even torture, against their best interests, says the complaint.
The Plaintiffs are 10 unaccompanied minors from Guatemala between
the ages of 10 and 17.
The Defendant Kristi Noem is the Secretary of the U.S. Department
of Homeland Security, which is a cabinet-level department of the
United States government.[BN]
The Plaintiff is represented by:
Hilda Bonilla, Esq.
Efren Olivares, Esq.
Lynn Damiano Pearson, Esq.
Kevin Siegel, Esq.
NATIONAL IMMIGRATION LAW CENTER
1101 14th Street, Suite 410
Washington, D.C. 20005
Phone: (213) 639-3900
Fax: (213) 639-3911
Email: bonilla@nilc.org
olivares@nilc.org
damianopearson@nilc.org
siegel@nilc.org
LANGDON & COMPANY: Grimes Sues Over Failure to Secure Information
-----------------------------------------------------------------
Brenda Grimes, on behalf of herself and all others similarly
situated v. LANGDON & COMPANY, LLP, Case No. 4:25-cv-00159-FL
(E.D.N.C., Aug. 30, 2025), is brought against the Defendant for its
failure to properly secure and safeguard Plaintiff’s and other
similarly situated Langdon customers’ private information
including, but not limited to: name, Social Security number, date
of birth, address, taxpayer identification number, financial
account numbers, medical information, health insurance information
and digital signatures (the “Private Information”) from
hackers.
On August 1, 2025, Langdon announced that it had experienced a data
breach in which the sensitive personal identifiable information and
protected health information in its’ care may have been
compromised. Langdon’s announcement states that Defendant
initially became aware of the discovery of such unusual activity on
approximately April 28, 2024, and launched an investigation to
determine the nature of the incident thereon. Under state law,
organizations must report breaches involving sensitive personal
information within 60 days of breach discovery and Langdon waited
over one year later to report the breach well over the deadline
legally required of Defendant.
On August 20, 2025, Langdon also sent out data breach letters (the
“Notice”) to individuals whose information was compromised as a
result of the hacking incident. Based on the Notice, Langdon
detected unusual activity on some of its computer systems on
approximately April 28, 2024. In response, the company conducted an
investigation which revealed that an unauthorized party had access
to certain company files between “April 21-28, 2024,” as
Langdon vaguely states within the body of their letter (the “Data
Breach”). Yet, Langdon waited exactly 1-year and 3 months later
(479 calendar days – over 400 days past the legal deadline) to
notify the public that they were at risk.
As a result of this delayed response, Plaintiff and “Class
Members” had no idea for over a year and three months that her
Private Information had been compromised, and that she was, and
will continue to be, at significant risk of identity theft and
various other forms of personal, social, and financial harm. The
risk will remain for Plaintiff’s respective lifetime, says the
complaint.
The Plaintiff's Private Information was accessed and/or compromised
during the Data Breach.
Langdon & Company, LLP., based in Garner, NC is an accounting firm
that serves more than 46,000 individual and/or business customers
in North Carolina.[BN]
The Plaintiff is represented by:
Dana Smith, Esq.
Tyler J. Bean, Esq.
Neil P. Williams, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212)532-1091
Email: dmsith@sirillp.com
tbean@sirillp.com
nwilliams@sirillp.com
LIGHTSPEED COMMERCE: Agrees to Settle Quebec Class Suit for $11MM
-----------------------------------------------------------------
Yahoo Finance reports that Lightspeed Commerce Inc. has agreed to
pay $11 million to settle a class-action lawsuit in Quebec that
alleged the company misrepresented its financial performance.
The proposed settlement agreement reached in June does not include
any admission of liability by the company which denied the
allegations of any wrongdoing.
The lawsuit was brought in 2021 by shareholders after Lightspeed
shares fell following a critical short seller report by Spruce
Point Capital Management.
A similar lawsuit in the U.S. was dismissed earlier this year.
Lightspeed said at that time that the allegations had no adequate
legal basis and that the decision was a victory for the company.
A Quebec Superior Court will be asked to approve the settlement at
a hearing set for Nov. 21 in Montreal.
This report by The Canadian Press was first published Sept. 3,
2025. [GN]
LIONHEART EQUITIES: Continues to Defend Stanley Class Suit in Del.
------------------------------------------------------------------
MSP Recovery Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the Company’s
subsidiary, Lionheart Equities LLC, continues to defend itself from
the Stanley class suit in the Court of Chancery of the State of
Delaware.
On May 7, 2025, Lionheart Equities, LLC, the sponsor of Lionheart
Acquisition Corporation II, and certain of the Company's current
and former directors and officers were named as defendants in a
putative class action lawsuit filed in the Court of Chancery of the
State of Delaware (the "Court"), Stanley v. Lionheart Equities,
LLC, No. 2025–0505–LWW (Del. Ch. filed May 7, 2025) (the
"Shareholder Litigation").
The complaint alleges fiduciary-duty breaches and unjust
enrichment, and seeks damages in an unspecified amount.
The defendants intend to vigorously defend their position in the
Shareholder Litigation. As the Shareholder Litigation is in
preliminary stages, and the nature of litigation outcomes is
inherently uncertain, it is the opinion of the Company’s
management, based upon the information available at this time and
the stage of the proceedings, that it is not possible to determine
the probability of loss or estimate of damages, and therefore, the
Company has not established a reserve.
Lionheart Equities, LLC is a diversified investment firm.[BN]
LOUIS VUITTON: Fails to Secure Personal Info, Miamen Alleges
------------------------------------------------------------
EMMANUEL MIAMEN and TIFFANY HAWES, individually and on behalf of
all others similarly situated, Plaintiffs v. LOUIS VUITTON NORTH
AMERICA, INC., Defendant, Case No. 1:25-cv-07183 (S.D.N.Y., August
28, 2025) is an action on behalf of the Plaintiffs and all other
individuals similarly situated against LVNA for its failure to
secure and safeguard the personally identifiable information of
Plaintiffs and Class Members.
On July 2, 2025, LVNA became aware that an unauthorized third party
previously gained access to LVNA's information technology systems
(same occurring on June 7, 2025). The unauthorized third party
accessed information containing PII of LVNA's customers, including
Plaintiffs.
According to the complaint, LVNA owed a duty to Plaintiffs and
Class Members to implement and maintain reasonable and adequate
security measures to secure, protect, and safeguard their PII
against unauthorized access and disclosure. LVNA breached that duty
by, among other things, failing to, or contracting with companies
that failed to, implement and maintain reasonable security
procedures and practices to protect customers' PII from
unauthorized access and disclosure.
The Plaintiffs and the Class will have to incur costs to pay a
third-party credit and identity theft monitoring service for the
rest of their lives as a direct result of the data breach, alleges
the suit.
Louis Vuitton North America, Inc. is a global luxury brand that
markets and sells a variety of products, including leather goods,
apparel, footwear, watches, jewelry, accessories, and eyewear.[BN]
The Plaintiffs are represented by:
Martha A. Geer, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (206) 623-7292
E-mail: mgeer@brysonpllc.com
- and -
Robert R. Jimenez, Esq.
J. Hunter Bryson, Esq.
Scott J. Falgoust, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Telephone: (786) 206-7896
E-mail: rjimenez@brysonpllc.com
hbryson@brysonpllc.com
sfalgoust@brysonpllc.com
LOUIS VUITTON: Godinez Files Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Louis Vuitton North
America, Inc. The case is styled as Anabel Godinez, individually
and on behalf of all others similarly situated v. Louis Vuitton
North America, Inc., Case No. 1:25-cv-07280 (S.D.N.Y., Sept. 2,
2025).
The nature of suit is stated as Other Fraud.
Louis Vuitton North America -- https://eu.louisvuitton.com/ --
offers fashion and leather goods.[BN]
The Plaintiff is represented by:
Mark Samuel Reich, Esq.
LEVI & KORSINSKY LLP
55 Broadway, 4th Floor, Suite 427
New York, NY 10006
Phone: (212) 363-7500
Fax: (212) 363-7171
Email: mreich@zlk.com
LULIFAMA.COM LLC: Damico Suit Removed to N.D. Illinois
------------------------------------------------------
The case captioned as Angelica Damico, individually and on behalf
of all those similarly situated v. LULIFAMA.COM, LLC, MY LULIBABE,
LLC, EARTH, SEA & WEAR, LLC d/b/a LULIFAMA, ORLANDO BATHING SUIT,
LLC d/b/a EVERYTHING BUT WATER, CINDY PRADO, MICHELE SOEL, LAURA
MARGESIN, LINDSEY VAN DER HOEVEN, ALEXIS BELBEL, and JESS HULL,
Case No. 2025L008727 was removed from the Circuit Court of Cook
County, Illinois County Department, Law Division, to the United
States District Court for Northern District of Illinois on Sept. 2,
2025, and assigned Case No. 1:25-cv-10487.
On this basis, Plaintiff brings claims for: violations of the
Illinois Consumer Fraud and Deceptive Trade Practices Act;
violations of the Illinois Uniform Deceptive Trade Practices Act;
violations of consumer protection laws of various states; unjust
enrichment under Illinois law; unjust enrichment under California
law; violation of the California Consumers Legal Remedy Act;
violations of California's Unlawful Business Practices Act; and
negligent misrepresentation.[BN]
The Defendants are represented by:
Jonathan H. Claydon, Esq.
GREENBERG TRAURIG, LLP
360 North Green Street, Suite 1300
Chicago, IL 60607
Phone: (312) 456-8400
Facsimile: (312) 456-8435
Email: claydonj@gtlaw.com
MATRIX MEDICAL NETWORK: Bradford Files TCPA Suit in S.D. Texas
--------------------------------------------------------------
A class action lawsuit has been filed against Matrix Medical
Network, LLC. The case is styled as Radley Bradford, individually,
and on behalf of all others similarly situated v. Matrix Medical
Network, LLC, Case No. 4:25-cv-04101 (S.D. Tex., Aug. 29, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Matrix Medical Network -- https://www.matrixmedicalnetwork.com/ --
provides expert care and health services to millions of at-risk
individuals anywhere that's convenient.[BN]
The Plaintiff is represented by:
Nayeem N. Mohammed, Esq.
LAW OFFICE OF NAYEEM N. MOHAMMED
539 W. Commerce St., Ste 1899
Dallas, TX 75208
Phone: (972) 767-9099
Email: nayeem@nnmpc.com
- and -
Mohammed Omar Badwan, Esq.
SULAIMAN LAW GROUP LTD
2500 South Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181 x114
Fax: (630) 575-8188
Email: mbadwan@sulaimanlaw.com
MCGRAW-HILL EDUCATION: Continues to Defend Royalties Breach Suit
----------------------------------------------------------------
McGraw-Hill Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that McGraw-Hill Education
Inc. continues to defend itself from a consolidated royalties
breach class suit in the United States District Court for the
Southern District of New York.
In January 2021, and February 2021, two purported class actions
were filed against McGraw-Hill Education, Inc. in the Southern
District of New York, alleging that the Company's refined
methodology for calculating royalties breaches the terms of its
author agreements and breaches McGraw-Hill Education, Inc.'s
implied covenant of good faith and fair dealing. The plaintiffs
subsequently consolidated their claims in a single complaint.
In May 2021, McGraw-Hill Education, Inc. filed a motion to dismiss
the complaint in its entirety. In January 2022, the Court granted
the motion to dismiss the plaintiffs' breach of contract claim but
denied McGraw-Hill Education, Inc.'s motion to dismiss the breach
of implied covenant claim.
In September 2022, the plaintiffs voluntarily dismissed their
breach of implied covenant claim and in October 2022, filed an
appeal on the Court's granting of McGraw-Hill Education, Inc.’s
motion to dismiss their breach of contract claim with the U.S.
Court of Appeals for the Second Circuit.
In November 2024, the Second Circuit remanded the case to the
District Court for further adjudication on one element of the
breach of contract claim. The issue of class certification remains
open.
Discovery in the District Court proceeding has concluded. McGraw
Hill Education, Inc. intends to file a Motion for Summary Judgment
with the Court in the late second or early fiscal third quarter of
fiscal year 2026.
The Company is currently unable to predict the outcome of this
litigation or reasonably estimate the amount of any loss that may
result from the litigation and will continue to assess these
conclusions as the litigation progresses.
McGraw-Hill Education publishes educational materials.
MCLAREN HEALTH: First Amended Complaint Filed in Wehrle Case
------------------------------------------------------------
Joyce Wehrle, Yvette Griffin, Alice Kleinschmidt have filed an
amended complaint with jury demand against McLaren Health Care
Corporation, Barbara Ann Karmanos Cancer Institute to add new
parties to the case.
Judge Matthew F. Leitman of the U.S. District Court for the Eastern
District of Michigan, Southern Division, directed the Plaintiff to
file a first amended complaint by Sept. 8, 2025.
On May 14, 2025, Wehrle filed this putative class action against
McLaren, alleging that McLaren disclosed her personally
identifiable information and protected health information to
third-parties without her consent. McLaren filed a motion to
dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).
While McLaren raises several bases for its motion, one of its
arguments is that Wehrle has failed to plead sufficient facts in
support of at least some of her claims under the Supreme Court's
decision in Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Without expressing any view regarding the merits of the motion, the
Court granted Wehrle the opportunity to file a First Amended
Complaint in order to remedy the alleged deficiencies in her
allegations. The Court does not anticipate allowing Wehrle another
opportunity to amend to add factual allegations that she could now
include in a First Amended Complaint. Judge Leitman said this is
Wehrle's opportunity to amend her allegations to cure the alleged
deficiencies in her claims.
With the filing of the First Amended Complaint, the Court
terminated McLaren's pending motion to dismiss without prejudice as
moot. McLaren may file a renewed dispositive motion directed at the
First Amended Complaint if it believes that such a motion is
appropriate after reviewing that pleading.
A full-text copy of the Court's Order is available at
https://tinyurl.com/4u6z5yua from PacerMonitor.com.
MICALIOR LLC: Alvear Sues Over Unlawful Disability Discrimination
-----------------------------------------------------------------
Enrique Alvear, on behalf of others similarly situated v. MICALIOR,
LLC, d/b/a GOOD LIFE SPA BOUTIQUE, a Florida limited liability
company, Case No. 6:25-cv-01664 (M.D. Fla., Aug. 29, 2025), is
brought for declaratory and injunctive relief, attorney's fees,
costs, and litigation expenses for unlawful disability
discrimination in violation of Title III of the Americans with
Disabilities Act ("ADA").
The Defendant owns, controls, maintains, and/or operates an adjunct
website, https://goodlifespaboutique.com (the "Website"). One of
the functions of the Website is to provide the public information
on the location of Defendant's physical health spa. Defendant also
sells to the public its treatment packages through the Website,
which acts as a critical point of sale for Defendant's health spa
treatment packages that are also available for purchase in, from,
and through Defendant's physical health spa.
The Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
websites. However, the Website contains access barriers that
prevent free and full use by blind and visually disabled
individuals using keyboards and available screen reader software.
These access barriers, one or more of which were experienced by
Plaintiff, are severe and pervasive and, as confirmed by
Plaintiff's expert, include the following (with reference to the
Web Content Accessibility Guidelines ("WCAG"), says the complaint.
The Plaintiff is and has been a blind and visually disabled person
who has been medically diagnosed with complete blindness as a
result of trauma to both eyes.
The Defendant owns, operates, and/or controls a health spa offering
and selling various services and treatment packages.[BN]
The Plaintiff is represented by:
Rodenck V. Hannah, Esq.
RODERICK V. HANNAH, ESQ., P.A.
4800 N. Hiatus Road
Sunrise, FL 33351
Phone: 954/362-3800
Facsimile: 954/362-3779
Email: rhannah@rhannahlaw.com
- and -
Pelayo Duran, Esq.
LAW OFFICE OF PELAYO
6355 NW. 36th Street, Suite 307
Virginia Gardens, FL 33166
Phone: 305/266-9780
Facsimile: 305/269-8311
Email: duranandassociates@gmail.com
MICHIGAN: Court Approves Class Settlement in Mental Health Suit
---------------------------------------------------------------
Dave Honigman, legal counsel appointed by a federal court to
represent a class of Michigan children and young adults with mental
health disorders, lauded the court's approval on August 27, 2025,
of a landmark settlement agreement in D.D. v. Michigan Department
of Health and Human Services (formerly titled K.B. v. Michigan
Department of Health and Human Services) that requires sweeping
reforms to the state's Medicaid behavioral health system for
children and young adults under age 21. The agreement resolves a
class action lawsuit brought on behalf of Medicaid-eligible
children with intensive mental and behavioral health care needs who
were denied the services they needed in their homes and
communities. The families sought injunctive relief to require the
state to provide the medically necessary mental health services
children are entitled to under federal law.
Plaintiffs filed this lawsuit in 2018, alleging that Michigan
violated the Medicaid Act's Early and Periodic Screening,
Diagnostic, and Treatment (EPSDT) mandate requiring the State to
ensure that children and young adults under age 21 receive all
medically necessary care.
The class action lawsuit, the settlement agreement, and the Court's
decision approving the agreement and retaining jurisdiction to
enforce it, were also based on the US Supreme Court's landmark
Olmstead decision, which held that persons with disabilities have a
"right to live in the world" and participate in community life.
The lawsuit also alleged violations of the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, and Due
Process guaranteed by the US Constitution.
The settlement agreement requires the Michigan Department of Health
and Human Services (MDHHS) to make comprehensive systemic reforms,
including:
-- Ensuring statewide timely access to medically necessary
intensive home and community-based services for children with
significant behavioral health needs;
-- Establishing a standardized eligibility and assessment process
so that children are identified and connected with services
consistently and equitably;
-- Improving data collection and oversight to track timeliness and
adequacy of services and outcomes;
-- Implementing continuous quality improvement measures to sustain
progress; and
-- Demonstrating the capacity to provide medically necessary
mental health services before the State of Michigan may exit from
monitoring and supervision by Class Counsel and the Court.
The settlement agreement establishes a five-year target date for
implementation of the systemic reforms. Prior to the full enactment
of the reforms contemplated by the settlement agreement, children
with mental health disorders remain entitled to medically necessary
mental health care.
At the hearing, Class Counsel Honigman offered profuse thanks to
Gov. Gretchen Witmer, MDHHS, and the many attorneys from the
Michigan Atty. Gen.'s staff that worked on the case. Honigman
expressed gratitude to US District Court (Eastern District of
Michigan) Judge Thomas Ludington and Kelly Winslow, Judge
Ludington's case manager and staff attorney, for "patiently
monitoring the progress of the parties and helping to guide us on
our journey."
Honigman concluded his presentation to the Court by stating: "I
have always believed that the most incredible thing about miracles
is that they happen. The settlement before you is a miracle that
has indeed happened."
Co-counsel Gerard Mantese, at Mantese Honigman, PC states: "I
conceived of this case 8 years ago with the goal of helping people
who are struggling with obtaining medical care under the Medicaid
system. I'm proud of what we achieved and confident that this
settlement will provide needed care to tens of thousands of
families."
Class Counsel Honigman encouraged families experiencing problems
obtaining services to contact him by email at
KBSettlement@drmich.org or by phone at 248-457-9200, extension
2050. If journalists have questions or wish to discuss the lawsuit,
please feel free to contact Mr. Honigman by email at
dhonigman@manteselaw.com or by phone at 248-330-2962 (cell phone)
or 248-457-9200 (law office). [GN]
MID AMERICA PHYSICIAN: Fraundorfer Suit Removed to D. Kansas
------------------------------------------------------------
The case captioned as Sarah Fraundorfer, on behalf of herself, her
minor child, I.F., and all others similarly situated v. MID AMERICA
PHYSICIAN SERVICES, LLC, Case No. JO-2025-CV-001869 was removed
from the District Court of Johnson Couty, Kansas, to the United
States District Court for District of Kansas on Aug. 29, 2025, and
assigned Case No. 2:25-cv-02503.
The Plaintiff alleges that MAPS failed to comply with Federal Trade
Commission ("FTC") guidelines. Additionally, the Plaintiff allege
that MAPS failed to comply with HIPAA Guidelines.[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
MID AMERICA PHYSICIAN: Iskandarova Suit Removed to D. Kansas
------------------------------------------------------------
The case styled as Mukhlisa Iskandarova, individually and on behalf
of all others similarly situated v. Mid America Physician Services,
LLC, Case No. JO-2025-CV-001818 was removed from the District Court
of Johnson County, KS, Civil Court, to the U.S. District Court for
the District of Kansas on Aug. 29, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02504 to the
proceeding.
The nature of suit is stated as Other Contract.
Mid America Physician Services --
https://www.midamericaphysicians.com/ -- is a healthcare company
that provides infertility, gynecology, and hysterectomy
treatments.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Kathleen Fisher Enyeart, Esq.
LATHROP GPM, LLP - KANSAS CITY
2345 Grand Blvd., Suite 2200
Kansas City, MO 64108-2618
Phone: (816) 460-5843
Email: kathleen.fisherenyeart@lathropgpm.com
MID AMERICA PHYSICIAN: O.S. Suit Removed to W.D. Missouri
---------------------------------------------------------
The case captioned as O.S. and F.C., individually and on behalf
ofall others similarly situated v. MID AMERICA PHYSICIAN SERVICES,
LLC, Case No. 2516-CV23113 was removed from the Circuit Court of
Jackson County, Missouri, to the United States District Court for
Western District of Missouri on Aug. 29, 2025, and assigned Case
No. 4:25-cv-00685-RK.
The Plaintiffs alleges that MAPS failed to comply with Federal
Trade Commission ("FTC") guidelines. Additionally, the Plaintiffs
allege that MAPS failed to comply with HIPAA Guidelines.[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
MID AMERICA PHYSICIAN: Oakes Suit Removed to D. Kansas
------------------------------------------------------
The case captioned as Susan Oakes, individually and on behalf of
and all others similarly situated v. MID AMERICA PHYSICIAN
SERVICES, LLC, Case No. JO-2025-CV-001833 was removed from the
District Court of Johnson Couty, Kansas, to the United States
District Court for District of Kansas on Aug. 29, 2025, and
assigned Case No. 2:25-cv-02507-TC-TJJ.
The Plaintiff alleges that MAPS failed to comply with Federal Trade
Commission ("FTC") guidelines. Additionally, the Plaintiff allege
that MAPS failed to comply with HIPAA Guidelines.[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
MID AMERICA PHYSICIAN: Roth Suit Removed to D. Kansas
-----------------------------------------------------
The case captioned as Chelsea Roth, individually and on behalf of
and all others similarly situated v. MID AMERICA PHYSICIAN
SERVICES, LLC, Case No. JO-2025-CV-001803 was removed from the
District Court of Johnson Couty, Kansas, to the United States
District Court for District of Kansas on Aug. 29, 2025, and
assigned Case No. 2:25-cv-02509-JAR-TJJ.
The Plaintiff alleges that MAPS failed to comply with Federal Trade
Commission ("FTC") guidelines. Additionally, the Plaintiff allege
that MAPS failed to comply with HIPAA Guidelines.[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
MIDLAND NATIONAL: Class Cert Bid Filing Due Sept. 26
----------------------------------------------------
In the class action lawsuit captioned as GAIL J. ZIMMERMAN, ON
BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED; v. MIDLAND
NATIONAL LIFE INSURANCE COMPANY, Case No. 4:23-cv-00345-RGE-WPK
(S.D. Iowa), the Hon. Judge William P. Kelly entered an order
granting joint motion to amend scheduling and trial setting.
A Jury Trial shall begin on May 17, 2027, at 9:00 AM before United
States District Judge Rebecca Goodgame Ebinger at the United States
Courthouse, Des Moines, Iowa. Trial is estimated to take 10 days.
A Final Pretrial Conference shall be held on April 7, 2027, at
10:00 AM at the United States Courthouse, Des Moines, Iowa, before
Judge Rebecca Goodgame Ebinger.
The deadline for Plaintiff's motion for class certification and any
supporting declarations or evidentiary submissions shall be on or
before Sept. 26, 2025.
The deadline for the Defendant's resistance to the motion for class
certification and any supporting declarations or evidentiary
submission shall be on or before Jan. 23, 2026.
The deadline for the Plaintiff's reply in support of the motion for
class certification shall be on or before April 24, 2026.
The Mediation deadline agreed to the parties is May 5, 2026.
Discovery shall be completed by Oct. 13, 2026.
Dispositive motions shall be filed by Oct. 23, 2026. Any
resistance(s) to the dispositive motions must be filed by Dec. 7,
2026, and replies must be filed by Jan. 8, 2027.
Midland is a privately held, life insurance company.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5DWYye at no extra
charge.[CC]
MONSANTO COMPANY: Wickham Suit Transferred to N.D. California
-------------------------------------------------------------
The case captioned as Jeffrey Wickham, and others similarly
situated v. Monsanto Company, Case No. 4:25-cv-00924 was
transferred from the U.S. District Court for the Eastern District
of Missouri, to the U.S. District Court for the Northern District
of California on Aug. 29, 2025.
The District Court Clerk assigned Case No. 3:25-cv-07265-VC to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability for
Product Liability.
The Monsanto Company -- https://www.monsanto.com/ -- was an
American agrochemical and agricultural biotechnology corporation
founded in 1901 and headquartered in Creve Coeur, Missouri.[BN]
The Plaintiff is represented by:
Madison Tate Donaldson, Esq.
THE WAGSTAFF LAW FIRM
940 Lincoln Street
Denver, CO 80203
Phone: (303) 376-6360
Email: mdonaldson@wagstafflawfirm.com
MORRIS HOSPITAL: Agrees to Settle Data Breach Class Suit for $1.36M
-------------------------------------------------------------------
Steve Alder of HIPAA Journal reports that Morris Hospital &
Healthcare Centers has agreed to settle a consolidated class action
lawsuit that alleged negligence for failing to prevent an April
2023 data breach that affected 248,943 individuals. Under the terms
of the settlement agreement, Morris Hospital will establish a
$1,361,571.77 settlement fund to cover attorneys' fees, legal
expenses, and benefits for the class members.
In April 2023, Morris Hospital identified unauthorized access to
its network. Hackers had access to the personal and protected
health information of current and former patients, employees, and
their dependents and beneficiaries. The Royal ransomware group was
behind the attack and posted the stolen data on its data leak site.
Several class action lawsuits were filed in response to the data
breach, which were consolidated into a single lawsuit in the
Circuit Court of the Thirteenth Judicial Circuit, Grundy County,
Illinois -- In re: Morris Hospital Data Breach Litigation. In
addition to negligence, the lawsuit asserted claims of negligence
per se, breach of fiduciary duty, breach of implied contract,
unjust enrichment, and violations of the Illinois Consumer Fraud
and Deceptive Business Practices Act.
Morris Hospital denies all allegations of wrongdoing and liability,
while the plaintiffs believe the claims have merit. All parties
agreed to a settlement, which was viewed as being in the best
interests of all parties considering the risks and costs of
continuing with the litigation. The settlement has received
preliminary approval from the court, and the final fairness hearing
is scheduled for October 24, 2025. Benefits for class members will
be paid after all costs and expenses have been deducted from the
settlement fund, which includes up to $453,857.26 for attorneys'
fees, $2,000 service awards for each of the 13 named plaintiffs,
and yet to be determined settlement administration costs, and
attorneys' expenses.
All class members may submit a claim for 24 months of comprehensive
credit monitoring and identity theft protection services through
CyEx Medical Shield Total. In addition, class members may choose to
submit a claim for reimbursement of documented, unreimbursed
out-of-pocket losses up to a maximum of $5,000 per class member. If
a claim for losses is not submitted, class members may instead
claim a pro rata cash payment, which is expected to be
approximately $100, depending on the number of claims received.
Further information can be found on the settlement website:
https://www.morrishospitalsettlement.com/
Individuals wishing to object to or be excluded from the settlement
have until September 29, 2025, to do so, and all claims must be
submitted by October 28, 2025. [GN]
MULTNOMAH COUNTY, OR: Tax Foreclosure Settlement Reaches $3.5MM
---------------------------------------------------------------
Oregon's largest County has reached a settlement in a class action
lawsuit on behalf of former owners whose properties were sold at
tax sales. Many former owners, heirs, and valid lienholders are now
eligible to claim surplus funds generated after their properties
were sold at tax foreclosure auctions. The lawsuit, Lynch, et al.
v. Multnomah County, et al. pending in federal court in Portland,
Oregon, alleges that Oregon Counties' practice of retaining surplus
proceeds obtained in a tax sale above the amount of the taxes owed
was a "taking" of the owners' property in violation of the U.S. and
Oregon Constitutions.
Under the settlement agreement between Multnomah and the Plaintiff
Class, the county is paying all surplus proceeds it has received
since 2017, plus interest, into a settlement fund to pay valid
claims of all owners, heirs of deceased owners and valid lienholder
interests. The Class Members will be able to complete claim forms
online, or by mail. The total amount of the Settlement Fund is
$3,515,759.25.
The lawsuit was filed in October, 2023, after the U.S. Supreme
Court ruled 9-0 in Tyler v. Hennepin County, a case involving a
Minnesota County, that it is an unconstitutional "taking" for a
municipality to retain any proceeds of the tax sale in excess of
the taxes, fines or costs owed. The Plaintiffs in the Lynch case
seek to recover tax surplus from all Oregon Counties. Only
Multnomah County has entered into a settlement.
The federal district court has authorized notice to be provided to
the class members and will hold a hearing on November 10, 2025 to
determine if the settlement should receive final approval. The
information in the court approved notice to the Class Members
including all deadlines is attached.
The Plaintiff Class is represented by the law firms of Fink
Bressack in Bloomfield Hills, Michigan; Kohn, Swift & Graf, P.C. in
Philadelphia, Pennsylvania; Preti, Flaherty, Beliveau & Pachios,
Chartered, LLP in Portland, Maine and Sugerman Dahab in Portland,
Oregon.
Kroll Settlement Administration has been appointed to administer
the settlement claims process. [GN]
MUTUAL HOUSING: Filing for Summary Judgment Extended to Sept. 16
----------------------------------------------------------------
In the class action lawsuit captioned as Rasheida Alston. v. Mutual
Housing Association of New York Management, Inc. et al., Case No.
1:23-cv-02080-AT (S.D.N.Y.), the Hon. Judge Analisa Torres entered
an order granting one additional week to file motion for summary
judgment.
The parties jointly propose the following deadlines:
1. The Defendants to file their motion for summary judgment:
Sept. 16, 2025
2. The Plaintiff to file her opposition to the Defendants'
motion: Oct. 21, 2025
3. The Defendants to file their reply in support of their
motion: Nov. 4, 2025.
MHANY is a nonprofit housing management organization.
A copy of the Court's order dated Aug. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MB44QR at no extra
charge.[CC]
The Defendants are represented by:
Ariadne Panagopoulou, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 West 5th Street, Suite 4000
Los Angeles, CA 90071
Telephone: (213) 250-1800
NANO NUCLEAR: Continues to Defend Yang Securities Class Suit in NY
------------------------------------------------------------------
Nano Nuclear Energy Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the Company continues
to defend itself from the Yang securities class suit in the United
States District Court for the Southern District of New York.
On August 9, 2024, a putative securities class action lawsuit was
filed against the Company and certain of its directors and officers
in the United States District Court for the Southern District of
New York, captioned Yvette Yang v. Nano Nuclear Energy Inc., et
al., No. 1:24-cv-06057 (S.D.N.Y.).
On October 28, 2024, the court entered an order appointing Hongyu
Xie as lead plaintiff. On January 6, 2025, lead plaintiff filed an
amended complaint, naming as defendants the Company, Jay Yu, James
Walker, and Jaisun Garcha. The amended complaint asserts claims for
alleged violations of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 on behalf of persons who purchased or
otherwise acquired its securities from May 8, 2024 through July 30,
2024. The claims in the amended complaint relate to statements made
by the Company and/or its directors or officers concerning its
business and prospects, including our progress toward development
of nuclear microreactors and fuel manufacturing facilities.
On February 21, 2025, all defendants filed a motion to dismiss the
amended complaint pursuant to Rules 12(b)(6) and 9(b) of the
Federal Rules of Civil Procedure, for failure to state a claim upon
which relief can be granted. On February 24, 2025, the court sua
sponte entered an order permitting lead plaintiff to file a second
amended complaint or stand on her amended complaint. On March 14,
2025, lead plaintiff filed a second amended complaint, asserting
the same claims asserted in the amended complaint. On April 11,
2025, all defendants filed a motion to dismiss the second amended
complaint pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules
of Civil Procedure, for failure to state a claim upon which relief
can be granted. A hearing on the motion has not been scheduled.
The Company disputes the allegations in the amended complaint and
intend to defend the case vigorously. The case is at an early stage
and it cannot reasonably estimate the amount of any potential
financial loss or cost that could result from the lawsuit.
NANO Nuclear Energy Inc. is an early-stage, pre-revenue nuclear
energy company developing portable clean energy solutions.
NATIONAL COLLEGIATE: Patterson Balks at Competition Eligibility
---------------------------------------------------------------
LANGSTON PATTERSON, YILANAN (ISSA) OUATTARA, CHAD MAURICE (CJ)
TAYLOR JR., QUINCY SKINNER JR., BRAYDEN SCHAGER, BERNARD (BJ)
HARRIS JR., JOHN (JOHNNY) LUETZOW, HENRY STEWART, JAKOB RUSSELL,
AND TIMO LEGOUT, on behalf of themselves and all others similar
situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Case No.
3:25-cv-00994 (M.D. Tenn., Sept. 2, 2025) is class action lawsuit
on behalf of an Injunctive Relief Class and a Lost Opportunity
Damages Class of Division I college athletes challenging the NCAA's
unreasonable restrictions that arbitrarily cut short college
athletes' ability to compete.
According to the complaint, for almost fifty years, the NCAA has
enforced a rule providing Division I college athletes with a
five-year window to exhaust their competition eligibility (the
Five-Year Rule). However, within those five years, the NCAA limits
college athletes to competing in only four seasons of
intercollegiate competition (the Four Seasons Rule) and otherwise
dictates that a college athlete may use the fifth year only to
compete in team activities without, or with limited, participation
in intercollegiate competition (the Redshirt Rule).
By operation of the Four Seasons Rule and the Redshirt Rule,
Division I college athletes are denied the opportunity to fully use
the five-year eligibility window that the NCAA itself prescribes.
The Rules therefore have the unjustifiable effect of suppressing
athletic careers, limiting college athletes' institutional
mobility, and unlawfully restraining the market for college
athletes' services, asserts the suit.
The NCAA's Rules force college athletes to the sidelines not
because of injury, misconduct, or academic ineligibility, but
because of an arbitrary, anticompetitive cap imposed by the
governing body itself.
The Plaintiffs seek relief under federal law to strike down these
unreasonable restraints and vindicate college athletes' rightful
opportunity to compete throughout their eligibility window.
The Plaintiffs do not challenge the concept of a defined
eligibility period or the NCAA's Five-Year Rule itself. Rather,
they challenge the NCAA's additional restrictions that arbitrarily
limit college athletes' competitive opportunities. Specifically,
the Four Seasons Rule, when combined with the so-called Redshirt
Rule, functions not as a reasonable eligibility boundary but as an
anticompetitive device, the suit adds.
The "Injunctive Relief Class" is defined as:
"All NCAA Division I college athletes who first enrolled in
college in the fall of 2022 or beyond who (i) have not taken a
redshirt year, and (ii) will have at least one of their five
years of eligibility available for the 2026-27 academic year."
This Class excludes NCAA officers, directors, and employees.
This Class also excludes all judicial officers presiding over
this action and their immediate family members and staff, and
any juror assigned to this action.
The "Lost Opportunities Damages Class" is defined as:
"All NCAA Division I college athletes who first enrolled in
college no earlier than the fall of 2020 and no later than the
spring of 2022, who (i) did not take a redshirt year, and (ii)
whose four-seasons of eligibility was extinguished by application
of NCAA Bylaw 12.6 at the conclusion of the 2023-2024 season (for
Spring sports) or 2024-2025 season (for all sports)."
This Class also excludes all judicial officers presiding over this
action and their immediate family members and staff, and any juror
assigned to this action.
The National Collegiate Athletic Association is a self-described
unincorporated, not-for-profit, educational organization founded in
1906, and maintains its principal place of business in
Indianapolis, Indiana.
The NCAA is the governing body of college sports. The NCAA includes
more than 1,100 member colleges and universities throughout the
United States, including institutions in the Middle District of
Tennessee.[BN]
The Plaintiffs are represented by:
Ryan Downton, Esq.
THE TEXAS TRIAL GROUP
875 Carr 693, Ste. 103
Dorado, PR 00646
Telephone: (512) 680-7947
E-mail: Ryan@TheTexasTrialGroup.com
- and -
Salvador Hernandez, Esq.
Milton S. McGee III, Esq.
RILEY & JACOBSON, PLC
1906 West End Ave.
Nashville, TN 37205
Telephone: (615) 320-3700
Facsimile: (615) 320-3737
E-mail: shernandez@rjfirm.com
tmcgee@rjfirm.com
- and -
JoAnna B. Adkisson, Esq.
Christopher P. Wilson, Esq.
Erik T. Koons, Esq.
Bridget Moore, Esq.
Michael A. Munoz, Esq.
BAKER BOTTS L.L.P.
700 K Street NW
Washington, DC 20001
Telephone: (202) 639-7700
E-mail: joanna.adkisson@bakerbotts.com
christopher.wilson@bakerbotts.com
erik.koons@bakerbotts.com
bridget.moore@bakerbotts.com
michael.munoz@bakerbotts.com
NATIONAL GRID: Seeks More Time to File Class Cert Response
----------------------------------------------------------
In the class action lawsuit captioned as LAURA CONSTANTINE,
individually and on behalf of all others similarly situated, v.
NATIONAL GRID USA SERVICE COMPANY, INC., Case No. 1:25-cv-10500-AK
(D. Mass.), the Defendant asks the Court to enter an order granting
an extension of time to respond to the Plaintiff's motion for class
certification, up to and including Sept. 5, 2025.
This is the Defendant's second request for an extension of time to
respond to the motion for class certification. No party will be
prejudiced by the Defendant's motion. The Plaintiff assents to the
Defendant's motion.
On July 29, 2025, the Plaintiff Laura Constantine filed a motion
for class certification.
On Aug. 8, 2025, the Defendant requested an assented-to extension
to Aug. 28, 2025 to investigate, evaluate, and respond to the
arguments and finalize its response to the Plaintiff's motion for
class certification.
National distributes electricity and gas energy.
A copy of the Defendant's motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VULfTF at no extra
charge.[CC]
The Defendant is represented by:
Christopher B. Kaczmarek, Esq.
Alexa M. Esposito, Esq.
LITTLER MENDELSON, P.C.
One International Place, Suite 2700
Boston, MA 02110
Telephone: (617) 378-6000
Facsimile: (617) 737-0052
E-mail: ckaczmarek@littler.com
aesposito@littler.com
NEW YORK, NY: Holmes Class Suit Seeks Back Pay Under FLSA
---------------------------------------------------------
JOSEPH HOLMES, et al. v. NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, Case No. 1:25-cv-07231 (S.D.N.Y., Aug. 29, 2025) is a
class action seeking declaratory judgment, back pay and other
relief pursuant to the Fair Labor Standards Act.
The Plaintiffs allege the Defendant's violation of the FLSA as it
fails to properly calculate the regular rate of pay upon which
Plaintiffs' overtime rate is based as well as fails to pay overtime
compensation in a timely manner.
The Plaintiffs are current and former employees of the Defendant,
New York City Health and Hospitals Corporation, who work or have
worked in the position of Motor Vehicle Operator (MVO).
The Plaintiffs include VIKKI RIVERA, MANSUR AFTAB, RAUL BARRIENTOS,
ANGEL BATISTA, CHRISTOPHER BEATTY, CALVIN BROWN, RICHARD BROWN,
JOSEPH BURKE, THURMAN BURKE, CARLOS CABRERA, WARNER CANAAN, LUIGI
CARRASCO, JEFFREY CHAN, RENAUD CHERY, BRIAN DAVIS, LORETO DE
OCAMPO, JOHN DECESARE, LUZ DELVALLE, JAMES DILLON, HASIM DJENCIC,
HERMAN ELIAS, JUAN ESQUINA, ABUNAYIM FOURKAN, EDWIN GUTIERREZ,
JOSEPH HOWELL, WILLIAM JIMENEZ, KENDRA KEARNEY, PHILISA LINYARD,
MICHAEL MAMAKAS, SEAN MATTHEWS, NATHANIEL MCMILLON, GIUSEPPE
MESORACA, DIONYSIOS MESSARIS, BERNELLE MITCHELL, IGOR MORDKOVICH,
GREGORY OLSZEWSKI, HERMAN PAUL, ANTHONY PINCKNEY, PETE RICHARDS,
ERNESTO RODRIGUEZ, LUIS RODRIGUEZ, ELIZABETH ROQUE, MIKHAIL
RUDASHEVSKIY, EDWARD SCHUBERT, MOHANLALL SHANKER SYLVESTER SHULER,
KWOK KEUNG SIN, JAGPREET SINGH, KENNETH SMITH, MARKEN SULLY JOSE
URENA, and JOSEPH YNOA.
The Defendant is a Public Benefit Corporation under the state laws
of New York and, among other things, a juridical entity amenable to
suit under the FLSA.[BN]
The Plaintiff is represented by:
Hope Pordy, Esq.
Elizabeth Sprotzer, Esq.
SPIVAK LIPTON LLP
1040 Avenue of the Americas, 20th Floor
New York, NY 10018
Telephone: (212) 765-2100
E-mail: hpordy@spivaklipton.com
esprotzer@spivaklipton.com
- and -
Gregory K. McGillivary, Esq.
Sarah M. Block, Esq.
McGILLIVARY STEELE ELKIN LLP
1101 Vermont Ave., N.W., Suite 1000
Washington, DC 20005
Telephone: (202) 833-8855
E-mail: gkm@mselaborlaw.com
smb@mselaborlaw.com
NISSAN NORTH: Settlement Conference in Johnson Due April 1, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as SHERIDA JOHNSON, SUBRINA
SEENARAIN, ANNA WALL, SANDRIA SMITH, LINDA SPRY, and LISA SULLIVAN,
on behalf of themselves and all others similarly situated, v.
NISSAN NORTH AMERICA, INC., Case No. 3:17-cv-00517-WHO (N.D. Cal.),
the Hon. Judge William Orrick entered an order extending time of
deadlines:
Event Deadline
Deadline for Nissan to depose Mr. Gaskin March 2, 2026
and Mr. Weir on their executed damages
model:
Last day to hold settlement conference April 1, 2026
or private mediation:
Hearing on class notice: April 1, 2026
Close of discovery: June 15, 2026
Last day for dispositive motions to be June 24, 2026
heard; such motions shall be filed in
time to comply with this deadline:
Pretrial conference and hearing on motions Aug. 31, 2026
in limine and jury instructions:
Trial (Estimate Three Weeks): Sept. 28, 2026
Nissan operates in the automotive industry.
A copy of the Court's order dated Aug. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VUDkv9 at no extra
charge.[CC]
The Plaintiffs are represented by:
Gregory F. Coleman, Esq.
Adam A. Edwards, Esq.
William A. Ladnier, Esq.
Virginia Ann Whitener, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN LLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
facsimile: (865) 533-0049
E-mail: gcoleman@milberg.com
aedwards@milberg.com
wladnier@milberg.com
gwhitener@milberg.com
The Defendant is represented by:
Amir M. Nassihi, Esq.
Ryan Sandrock, Esq.
Holly Pauling Smith, Esq.
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Telephone: (415) 544-1900
Facsimile: (415) 391-0281
E-mail: anassihi@shb.com
rsandrock@shb.com
hpsmith@shb.com
- and -
Mitchell M. Breit, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
405 E. 50th Street
New York, NY 10022
Telephone: (630) 796-0903
E-mail: mbreit@milberg.com
NORDSTROM INC: Ayala Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Mark Ayala, individually, and on behalf of
members of the general public and the putative class members
similarly situated v. NORDSTROM INC., a Washington State
corporation; and DOES 1 through 50, inclusive, Case No.
30-2025-01497014-CU-OE-CXC was removed from the Superior Court of
the State of California, County of Santa Clara, to the United
States District Court for Central District of California on Sept.
2, 2025, and assigned Case No. 2:25-cv-08256.
The Plaintiff's Complaint contains ten causes of action for unpaid
overtime, unpaid meal period premiums, unpaid rest period premiums,
unpaid minimum wages, failure to timely pay wages at termination,
failure to timely pay wages during employment, non-compliant wage
statements, failure to keep requisite payroll records, unreimbursed
business expenses and violation of Business & Professions Code
section 17200.[BN]
The Defendants are represented by:
Julie A. Dunne, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Phone: (858) 677-1400
Fax: (858) 677-1401
Email: julie.dunne@us.dlapiper.com
- and -
Stephen L. Taeusch, Esq.
DLA PIPER LLP (US)
3203 Hanover St., Suite 100
Palo Alto, CA 94304-1123
Phone: (650) 833-2000
Fax: (650) 833-2001
Email: stephen.taeusch@us.dlapiper.com
- and -
Andrea O. Bergam, Esq.
DLA PIPER LLP (US)
303 Colorado Street, Suite 300
Austin, TX 78701
Phone: (512) 457-7000
Fax: (512) 457-7000
Email: andrea.bergam@us.dlapiper.com
NORTH AMERICAN LIGHTING: Class Cert. Bid Filing Due Jan. 8, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as Buescher v. North American
Lighting Inc. et al., Case No. 2:24-cv-02076 (C.D. Ill., Filed
April 10, 2024), the Hon. Judge Colin Stirling Bruce entered an
order as follows:
-- Deadline for Plaintiff's motion for Jan. 8, 2026
class certification shall be:
-- The Plaintiffs expert reports shall July 30, 2026
be served 30 days after fact discovery
has been completed, or:
-- The Defendants' expert reports shall Sept. 14, 2026
be served 45 days after Plaintiff
serves his expert reports, or:
-- The Plaintiff's rebuttal expert reports, Sept. 28, 2026
if any, shall be served 14 days after
Defendants serve their expert reports,
or:
-- Deadline for expert discovery shall Oct. 28, 2026
be 30 days after Plaintiffs rebuttal
experts are served, or:
-- Deadline for dispositive motions shall Dec. 11, 2026
be 45 days after expert discovery has
been completed, or:
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA).
North is a producer of innovative automotive lighting systems.[CC]
NORTH CAROLINA: Fact Discovery in Doe Suit Due Oct. 13
------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE 1, et al., v.
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al., Case No.
1:24-cv-00017-CCE-JLW (M.D.N.C.), the Hon. Judge entered an order
that:
1. The motion to modify and extend certain case management
deadlines is granted and the case management deadlines are
modified and extended as follows:
a. Completion of fact discovery on Oct. 13, 2025;
b. Expert reports by the Plaintiffs due Nov. 3, 2025;
c. Expert reports by the Defendants due Dec. 1, 2025;
d. Any rebuttal expert reports due Jan. 5, 2026; and
e. Completion of expert discovery/overall discovery on Jan.
26, 2026.
f. Dispositive motions are due as required by LR 56.1. g.
The parties should not wait for a decision to complete discovery.
NC Department of Public Safety is North Carolina's statewide public
safety and homeland security agency.
A copy of the Court's order dated Aug. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=350Pje at no extra
charge.[CC]
NUANCE COMMUNICATIONS: Settles Data Breach Class Suit for $8.5MM
----------------------------------------------------------------
Kelsey McCroskey of ClassAction.org reports that Nuance
Communications has agreed to pay an $8.5 million settlement to
resolve multidistrict litigation over a May 2023 data breach
involving third-party file transfer service MOVEit.
The Nuance data breach settlement received preliminary approval
from United States District Judge Allison D. Burroughs on August
14, 2025.
The deal covers a class of approximately 1,225,054 individuals in
the United States whose personal information was included in the
files impacted by the MOVEit data breach, which occurred between
May 27 and May 31, 2023, as it related to Nuance.
To receive benefits from the deal, eligible class members must
submit a timely, valid claim form by mail or online through the
Nuance class action settlement website once it is launched.
According to the 11-page preliminary approval order, consumers will
have until December 24, 2025 to file a Nuance settlement claim
form.
As part of the deal, class members who submit a timely, valid claim
form are eligible to receive two years of medical data monitoring,
credit monitoring and identity theft protection services at no
cost, the settlement agreement says.
In addition, consumers may file a claim for reimbursement of up to
$2,500 per person for "ordinary" monetary losses that were incurred
as a result of the data breach and are supported by documentation,
the agreement shares. Court documents state that qualifying
expenses may include bank fees, phone or data charges, postage,
gas, credit monitoring or identity theft insurance costs, and other
miscellaneous expenditures.
As part of this benefit, class members can also make a claim for up
to four hours of lost time spent remedying issues related to the
incident, at a rate of $25 per hour, the settlement agreement
adds.
Furthermore, the agreement relays that consumers may submit a claim
form for reimbursement of up to $10,000 for documented
"extraordinary" losses that were "more likely than not" caused by
the incident and occurred between May 31, 2023 and the claims
deadline. Qualifying losses include expenses that have not been
reimbursed and are not covered by the aforementioned benefit, the
document says. Extraordinary losses may include those related to
fraud or identity theft, professional fees (lawyers, accountants,
etc.) and fees for credit repair services.
Alternatively, class members may forgo reimbursement of ordinary or
extraordinary losses in favor of a pro-rated cash payment of up to
$100, the agreement shares. The final payout amount will depend on
how many valid claims are filed, court documents note.
The court will determine whether to grant final approval to the
terms of the Nuance settlement at a hearing on March 31, 2026.
Settlement payments will be issued to eligible class members only
if the deal is ultimately OK'd by the court and becomes final, the
agreement says.
According to the lawsuit against Nuance, the artificial
intelligence software company was one of thousands of MOVEit
clients impacted by the cyberattack. The Nuance data breach lawsuit
asserted that the incident exposed individuals' names, details of
radiology studies, medical providers, dates of service, facility
names, Social Security numbers and other confidential data.
Court documents point out that litigation is still ongoing against
MOVEit's licensor, Progress Software Corporation. [GN]
ONE FLAGLER: Cohan Sues Over Discriminative Property
----------------------------------------------------
Howard Cohan, and others similarly situated v. ONE FLAGLER F&B
TENANT LLC, d/b/a ESTIATORIO MILOS, Case No. 9:25-cv-81082-XXXX
(S.D. Fla., Aug. 29, 2025), is brought for declaratory and
injunctive relief, attorneys' fees, expenses and costs (including,
but not limited to, court costs and expert fees) pursuant to the
Americans with Disabilities Act ("ADA") as a result of
discriminative property.
The Defendant has discriminated, and continues to discriminate
against Plaintiff and others who are similarly situated by denying
access to and full and equal enjoyment of goods, services,
facilities, privileges, advantages and/or accommodations located at
the Premises, as prohibited by the ADA, and by failing to remove
architectural barriers pursuant to the ADA.
The Plaintiff, in his individual capacity, will absolutely return
to the Premises in the near future and avail himself to the
services offered at the Premises when Defendant modifies the
Premises or modifies the policies and practices to accommodate
individuals who have physical disabilities.
The Plaintiff is continuously aware of the violations at
Defendant's Premises and is aware that it would be a futile gesture
to return to the Premises as long as those violations exist, and
Plaintiff is not willing to suffer additional discrimination. The
Plaintiff has suffered, and will continue to suffer, direct and
indirect injury as a result of Defendant's discrimination until
Defendant is compelled to comply with the requirements of the ADA,
says the complaint.
The Plaintiff has visited the Premises and has been denied full and
safe equal access to the facilities, and therefore suffered an
injury in fact.
The Defendant is the lessee, operator, owner and/or lessor of the
Real Property.[BN]
The Plaintiff is represented by:
Jason S. Weiss, Esq.
WEISS LAW GROUP, P.A.
5531 N. University Drive, Suite 103
Coral Springs, FL 33067
Phone: (954) 573-2800
Email: Jason@jswlawyer.com
OUTLOOK THERAPEUTICS: Bid to Dismiss Securities Suit Pending
------------------------------------------------------------
Outlook Therapeutics Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the securities class
suit dismissal motion is pending before the United States District
Court for the District of New Jersey.
On November 3, 2023, a securities class action lawsuit was filed
against the Company and certain of its officers in the United
States District Court for the District of New Jersey. The class
action complaint alleges violations of the Securities Exchange Act
of 1934, as amended, or the Exchange Act, in connection with
allegedly false and misleading statements made by the Company
related to the Company's BLA during the period from August 3, 2021
through August 29, 2023. The complaint alleges, among other things,
that the Company violated Sections 10(b) and 20(a) of the Exchange
Act and SEC Rule 10b-5 by failing to disclose that there was an
alleged lack of evidence supporting ONS-5010/LYTENAVA as a
treatment for wet AMD and that the Company and/or their
manufacturing partner had deficient CMC controls for
ONS-5010/LYTENAVA, which remained unresolved at the time the
Company's BLA was re-submitted to the FDA and, as a result, the FDA
was unlikely to approve the Company’s BLA, and that the Company's
stock price dropped when such information was disclosed.
The plaintiffs in the class action complaint seek damages and
interest, and an award of reasonable costs, including attorneys'
fees.
On June 25, 2024, the defendants filed a motion to dismiss the
amended class action complaint in its entirety. On February 6,
2025, the court entered an order granting the motion to dismiss and
dismissing the complaint without prejudice and with leave to amend.
On March 14, 2025, the plaintiffs filed their second amended class
action complaint. On April 23, 2025, the defendants filed a motion
to dismiss the plaintiffs' second amended class action complaint in
its entirety.
Defendants' motion to dismiss is currently pending before the
court.
About Outlook Therapeutics
Headquartered in Iselin, New Jersey, Outlook Therapeutics --
www.outlooktherapeutics.com -- is a biopharmaceutical company
focused on the development and commercialization of
ONS-5010/LYTENAVA (bevacizumab-vikg; bevacizumab gamma), for the
treatment of retina diseases, including wet AMD. LYTENAVA
(bevacizumab gamma) is the first ophthalmic formulation of
bevacizumab to receive European Commission and MHRA Marketing
Authorization for the treatment of wet AMD. Outlook Therapeutics is
working to initiate its commercial launch of LYTENAVA (bevacizumab
gamma) in the EU and the UK as a treatment for wet AMD, expected in
the first half of calendar 2025. In the United States,
ONS-5010/LYTENAVA is investigational, is being evaluated in an
ongoing non-inferiority study for the treatment of wet AMD, and if
successful, the data may be sufficient for Outlook to resubmit a
BLA to the FDA in the United States. If approved in the United
States, ONS 5010/LYTENAVA, would be the first approved ophthalmic
formulation of bevacizumab for use in retinal indications,
including wet AMD.
Philadelphia, Pennsylvania-based KPMG LLP, the Company's auditor
since 2015, issued a "going concern" qualification in its report
dated Dec. 27, 2024, citing that the Company has incurred recurring
losses from operations and negative cash flows from operations and
has an accumulated deficit, that raise substantial doubt about its
ability to continue as a going concern.
As of Sept. 30, 2024, Outlook Therapeutics had $28.82 million in
total assets, $101.90 million in total liabilities, and a total
stockholders' deficit of $73.08 million.
PRODRIVERS WEST: Cortes Seeks More Time to File Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit captioned as BENJAMIN CORTES, an
individual and on behalf of all others similarly situated, v.
PRODRIVERS WEST, INC., a Georgia corporation doing business as
PRODRIVERS; and DOES 1 through 100, inclusive, Case No.
2:25-cv-02451-SB-JPR (C.D. Cal.), the Plaintiff asks the Court to
enter an order granting a 180-day extension of his motion for class
certification deadline or an extension that the Court otherwise
finds reasonable under the circumstances.
The Plaintiff's efforts to meet the Court's deadlines, even in the
face of the Defendant's relentless campaign of delay, distraction,
and downright bad faith, have been stymied not by the Plaintiff's
lack of diligence, but by the Defendant's efforts to stonewall
discovery.
As a direct consequence of Defendant's repeated refusals to provide
discovery and the uncompromising stance of its counsel, the
Plaintiff seeks emergency relief from the Court in the form of a
one hundred and eighty (180) day extension of the Motion for class
certification deadline.
ProDrivers is a truck driver services company.
A copy of the Plaintiff's motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xdgsUh at no extra
charge.[CC]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Calyn V. Hadlock, Esq.
Laurel N. Holmes, Esq.
Sareen K. Khakh, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: david@tomorrowlaw.com
calyn@tomorrowlaw.com
laurel@tomorrowlaw.com
sareen@tomorrowlaw.com
PROFESSIONAL SECURITY: Rodriguez Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Professional Security
Consultants. The case is styled as Jose Diaz Rodriguez, an
individual, on behalf of himself and all others similarly situated
v. Professional Security Consultants, Case No. 25STCV25522 (Cal.
Super. Ct., Los Angeles Cty., Aug. 29, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Professional Security Consultants -- https://www.pscsite.com/ --
is a Service-Oriented Organization, whose primary duty is to
protect and serve the general community.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Ste. 1710
Los Angeles, CA 90010-2003
Phone: 213-761-5484
Fax: 818-561-3938
Email: nazo@koullaw.com
PUBLIX SUPER: Marquez Sues Over Disability Discrimination
---------------------------------------------------------
Olga Sanchez Marquez, on behalf of others similarly situated v.
PUBLIX SUPER MARKETS, INC, a foreign for-profit corporation, Case
No. 1:25-cv-23916-XXXX (S.D. Fla., Aug. 29, 2025), is brought for
declaratory and injunctive relief, attorney's fees, costs, and
litigation expenses for unlawful disability discrimination in
violation of Title III of the Americans with Disabilities Act
("ADA").
Because Defendant is a store open to the public, each of
Defendant's physical stores is a place of public accommodation
subject to the requirements of the ADA. In its physical
supermarkets, including the supermarket Plaintiff patronized and
intended to patronize in Cutler Bay, Defendant has installed
credit/debit card reader point of sale ("POS") devices that allow
customers to insert, swipe, or input their debit card information,
view information displayed on the screen, and use a key pad to make
and complete purchases using a confidential debit card pin
numbers.
On June 2, 2025, Plaintiff visited and sought to patronize and
purchase Defendant's goods from its supermarket located in Cutler
Bay. During her visit, Plaintiff attempted to use the store's
available POS device to complete her purchase using her debit card
and attempted to access the information displayed on the POS
device's screen by plugging her personal headset into the device.
However, Plaintiff was unable to effectively, efficiently, and
confidentially pay for her order through the POS device because the
device did not have any place for her to plug in her headset, nor
was the device configured with screen reader software or tactile
feedback that would effectively communicate to Plaintiff the visual
information displayed on the POS device's screen.
As a result of Defendant's POS devices not being fully accessible
to and not independently usable by blind and visually disabled
persons such as Plaintiff, Plaintiff was unable to fully access and
use the devices to effectively, efficiently, and confidentially
make her purchase in Defendant's physical store. This left
Plaintiff feeling excluded, frustrated, and humiliated, and
contributed to her sense of isolation and segregation, as she was
unable to participate in the same shopping experience as provided
in the physical store as the non-visually disabled public, says the
complaint.
The Plaintiff is and at all relevant times has been a visually
disabled person.
The Defendant was and still is an organization that owns, operates,
and/or controls a chain of over 1,849 retail stores under the name
"Five Below."[BN]
The Plaintiff is represented by:
Rodenck V. Hannah, Esq.
RODERICK V. HANNAH, ESQ., P.A.
4800 N. Hiatus Road
Sunrise, FL 33351
Phone: 954/362-3800
Facsimile: 954/362-3779
Email: rhannah@rhannahlaw.com
- and -
Pelayo Duran, Esq.
LAW OFFICE OF PELAYO
6355 NW. 36th Street, Suite 307
Virginia Gardens, FL 33166
Phone: 305/266-9780
Facsimile: 305/269-8311
Email: duranandassociates@gmail.com
QUANTUM COMPUTING: Continues to Defend Securities Class Suit in NJ
------------------------------------------------------------------
Quantum Computing Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the Company continues
to defend itself from securities class suit in the New Jersey
District Court.
On February 25, 2025, a class action lawsuit was filed against the
Company and certain of its current and past officers in the New
Jersey District Court, by a plaintiff seeking to represent a class
of all persons who purchased the Company's securities between March
30, 2020 and January 15, 2025, alleging violations of Section 10(b)
and 20(a) of the Exchange Act. The complaint alleges that the
Company made false and/or misleading statements and/or failed to
disclose material information about the Company's customers,
contracts and business operations. The plaintiff seeks unspecified
monetary damages plus attorney's fees and costs. In June 2025, the
New Jersey District Court designated a lead plaintiff who is
required to file an amended complaint by August 26, 2025.
The Company disputes the allegations in the complaint, intends to
vigorously defend against the claims asserted including bringing a
motion to dismiss the operative complaint, and does not believe it
is necessary to accrue a litigation reserve at this time.
Quantum Computing Inc. designs and develops application software.
The Company offers hardware designing, application development,
security support, and consultancy services. [BN]
RB GLOBAL: McGinnis Construction Suit Transferred to N.D. Illinois
------------------------------------------------------------------
The case captioned as McGinnis Construction Co., Inc., individually
and on behalf of all others similarly situated v. RB Global, Inc.,
Rouse Services LLC, United Rentals Inc., Sunbelt Rentals, Inc.,
Herc Rentals Inc., H&E Equipment Services Inc., Sunstate Equipment
Co., LLC, Case No. 3:25-cv-00873 was transferred from the U.S.
District Court for the District of Connecticut, to the U.S.
District Court for the Northern District of Illinois on Sept. 2,
2025.
The District Court Clerk assigned Case No. 1:25-cv-10496 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
RB Global -- https://rbglobal.com/ -- is your trusted global
partner for insights, services, and transaction solutions for
commercial assets and vehicles.[BN]
The Plaintiff is represented by:
Garrett D. Blanchfield, Esq.
REINHARDT WENDORF & BLANCHFIELD
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (651) 287-2100
Email: g.blanchfield@rwblawfirm.com
- and -
Steven L. Seligman, Esq.
KATZ & SELIGMAN
130 Washington St.
Hartford, CT 06106
Phone: (860) 547-1857
Email: SSeligman@KatzandSeligman.com
RCOFIII SPEC-FIN: Faces Goetting Suit Over Illegal Usury Scheme
---------------------------------------------------------------
MICHAEL GOETTING, KIMBERLY WEBB, TERRI EDGELL, and KIMBERLY CHILDS,
on behalf of themselves and all individuals similarly situated, v.
SAMUEL ADRIAN SPRATT, RCOFIII SPEC-FIN CREDIT 1, LLC, R&R SPE LLC,
JAMIE AZURE, CRAIG LUNDAY, KENNY MALATERRE, JON JON KEPLIN, RON
TROTTIER SR., ELMER DAVIS JR., LYNN GOURNEAU, CHAD COUNTS, BLAINE
DAVIS, and JOHN DOES Nos. 1-15, Case No. 1:25-cv-00794 (M.D.N.C.,
Sept. 2, 2025) alleges that the Defendants have continued to
originate new loans, which impose triple digit interest rates in
blatant violation of usury laws despite the settlement in Turner
Case.
According to the complaint, five years ago, a federal court granted
final approval a nationwide class settlement that created a common
fund of $18.5 million and canceled $170 million dollars of illegal
loans originated in the name of BlueChip Financial d/b/a Spotloan
(Spotloan). Turner v. ZestFinance, Inc., Case No. 3:19-cv-293,
Final Approval Order at Dkt. 114 (E.D. Va. July 9, 2020).
The complaint asserts that non-tribal payday lenders and
third-party funders wishing to use this model to circumvent state
legal prohibitions on usurious lending go searching for a small,
easily dominated tribe that will be willing to serve as the
consumer-facing façade for the usury scheme, in return for
receiving a small portion of the revenue generated and, often, some
call-center jobs. The tribal entity playing this role serves as the
nominal lender for the purpose of enabling the non-tribal actors
running the operation to make the dubious and legally incorrect
claims that (a) the loans are subject only to tribal law, not the
protections created by state usury and licensing laws, and (b) that
they themselves are somehow vicariously protected by the tribe's
sovereign immunity.
Samuel Adrian is a natural person and resident of California. He is
the CEO of Mikinok Enterprises, which also goes by the name
BlueChip Financial -- the entity that owns and operates Spotloan.
RCOFIII Spec-Fin Credit 1, LLC is a Delaware limited liability
company based in South Carolina.[BN]
The Plaintiffs are represented by:
Rashad Blossom, Esq.
Blossom Law, PLLC
126 N. McDowell St., 2nd Floor
Charlotte, NC 28204
E-mail¨rblossom@blossomlaw.com
- and -
Kristi Cahoon Kelly, Esq.
Andrew J. Guzzo, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
E-mail: kkelly@kellyguzzo.com
aguzzo@kellyguzzo.com
READING INTERNATIONAL: Continues to Defend Berryman VPPA Class Suit
-------------------------------------------------------------------
Reading International Inc. disclosed in its Form 10-Q Report for
the quarterly period ending June 30, 2025 filed with the Securities
and Exchange Commission on August 14, 2025, that the Company
continues to defend itself the from Berryman class suit in the
United States District Court for the Southern District of New
York.
The Company is a defendant in two actions asserting putative class
action claims under the Video Privacy Protection Act (the "VPPA"):
Berryman v. Reading International, Inc. (1:24-cv-00750-PAE
(S.D.N.Y.)) ("The Berryman Case"). The plaintiffs allege that the
Company is a video tape service provider and knowingly disclosed
plaintiff's movie purchase and video-viewing habits to third
parties in violation of the VPPA. Berryman also asserts claims
under the NY Arts and Cultural Affairs Law Section 25.07(4) (the
"NY Statute") which regulates the disclosure requirements
applicable to ticketing service charges and provides a right to
recover "actual damages or fifty dollars, whichever is greater."
Only limited case law exists as to claims regarding the VPPA, a
federal statute enacted in 1988. Insofar as it has been able to
determine, no case in the U.S. has resulted in an adverse VPPA
judgment against a motion picture exhibition company on facts
substantially similar to its own. Further, except as discussed
below, the precedent that does exist suggests that theaters with
websites selling tickets to showings at physical locations are not
video tape service providers under the statute, even if they
operate websites to sell tickets.
The Company has filed motions to dismiss the Berryman claims under
Federal rule of Procedure 12(b)(6) for failure to state a claim for
which relief can be provided. The District Court in Berryman denied
the Company's motion, but only on the basis that all of the
allegations in the Berryman complaint were assumed to be true
including allegations as to knowledge. The determination by the
Berryman Court at the pleadings stage that a motion picture
exhibitor can be a video tape service provider is inconsistent with
decisions by U.S. District Courts for the Central District and
Northern District of California, Kansas, Minnesota, and North
Carolina.
The Company believes that it has valid defenses to these VPPA
claims, and that there are also material issues to class
certification.
Reading International owns and operates cinemas and develops, owns,
and operates real estate assets.
READING INTERNATIONAL: Continues to Defend VPPA Valentini Suit
--------------------------------------------------------------
Reading International Inc. disclosed in its Form 10-Q Report for
the quarterly period ending June 30, 2025 filed with the Securities
and Exchange Commission on August 14, 2025, that the Company
continues to defend itself from the Valentini class suit In the
United States District Court for the District of Nevada.
The Company is a defendant in two actions asserting putative class
action claims under the Video Privacy Protection Act (the "VPPA"):
Daniel Valentini and Dallace Butler v. Reading International, Inc
(2:24-cv-00255-RFB-MDC (D. Nev.)) ("The Valentini Case"). The
plaintiffs allege that the Company is a video tape service provider
and knowingly disclosed plaintiff's movie purchase and
video-viewing habits to third parties in violation of the VPPA.
Valentini and Butler also allege violation of a parallel state
statute (California Code section 1799.3 (the "California
Statute")).
Only limited case law exists as to claims regarding the VPPA, a
federal statute enacted in 1988. Insofar as it has been able to
determine, no case in the U.S. has resulted in an adverse VPPA
judgment against a motion picture exhibition company on facts
substantially similar to its own. Further, except as discussed
below, the precedent that does exist suggests that theaters with
websites selling tickets to showings at physical locations are not
video tape service providers under the statute, even if they
operate websites to sell tickets.
The Company has filed motions to dismiss the Valentini claim under
Federal rule of Procedure 12(b)(6) for failure to state a claim for
which relief can be provided. The Valentini motion is on hold,
pending the outcome of an appeal to the Ninth Circuit of a trial
court decision which the Company believes, if affirmed, will likely
result in the dismissal of the Valentini case.
The Company believes that it has valid defenses to these VPPA
claims, and that there are also material issues to class
certification.
Reading International owns and operates cinemas and develops, owns,
and operates real estate assets.
RECREATIONAL EQUIPMENT: Court Junks Bid to Stay Venet Case
----------------------------------------------------------
In the class action lawsuit captioned as NIK VENET, an individual,
on behalf of himself and on behalf of all persons similarly
situated, v. RECREATIONAL EQUIPMENT, INC., a Corporation; and DOES
1 through 50, inclusive, Case No. 2:25-cv-03772-MWC-PD (C.D. Cal.),
the Hon. Judge Michelle Williams Court entered an order denying
stay of case pending resolution of the pleadings and continuance of
deadline to file motion for class certification and dates for
trial.
Recreational is an American retail and outdoor recreation services
corporation.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=sRXhqo at no extra
charge.[CC]
RICHLINE GROUP: Website Inaccessible to Blind Users, Hampton Says
-----------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated, Plaintiff v. Richline Group, Inc., Defendant, Case No.
1:25-cv-10322 (N.D. Ill., August 28, 2025) is a civil action
against the Defendant for its failure to design, construct,
maintain, and operate the its website, https://www.silpada.com, to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired individuals in violation of the
Americans with Disabilities Act.
On May 30, 2025, the Plaintiff made an attempt to complete a silver
hoop earrings purchase in the Defendant's website. However, she
faced accessibility problems that made the process difficult upon
completing the purchase. She asserts that the website contains
access barriers that prevent free and full use by her and blind
persons using keyboards and screen-reading software.
These barriers are pervasive and include, but are not limited to:
inaccurate landmark structure, inadequate focus order, changing of
content without advance warning, unclear labels for interactive
elements, inaccessible drop-down menus, the lack of navigation
links, the denial of keyboard access for some interactive elements,
and the requirement that transactions be performed solely with a
mouse, says the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in
Richline Group'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.
Richline Group, Inc. operates the website that offers a selection
of sterling silver and plated jewelry, such as rings, bracelets,
necklaces, earrings, and pendants.[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: (718) 554-0237
E-mail: Dreyes@ealg.law
ROUSE SERVICES: Conspires to Fix Equipment Prices, Signs Says
-------------------------------------------------------------
JOHN SIGNS, individually and on behalf of all others similarly
situated, Plaintiff v. ROUSE SERVICES LLC; RB GLOBAL, INC.; UNITED
RENTALS, INC.; SUNBELT RENTALS, INC.; HERC RENTALS INC.; HERC
HOLDINGS INC.; H&E EQUIPMENT SERVICES, INC., SUNSTATE EQUIPMENT
CO., LLC; THE HOME DEPOT, INC.; and EQUIPMENTSHARE.COM INC.,
Defendants, Case No. 1:25-cv-10278 (S.D. Iowa, April 29, 2025) is
an action on behalf of the Plaintiff, individually and on behalf of
a class consisting of all persons and entities who rented
construction equipment directly from a Defendant or co-conspirator
from March 31, 2021 through the present, in the nationwide
construction equipment rental market, seeking treble damages and
injunctive relief under Section 1 of the Sherman Act.
According to the complaint, the artificially high rental price for
construction equipment is a direct result of Defendants'
anticompetitive conduct. Specifically, the Equipment Rental Company
Defendants2 have been using Rouse Service to coordinate their
equipment rental pricing and inflate or maintain their equipment
rental rates at artificially high level to maximize their profits.
The Defendants' conspiracy has benefited themselves, who are
reporting record profits in recent years, to the detriment of
Plaintiff and other renters of construction equipment. The
Defendants have violated and continue to violate U.S. antitrust
laws. Instead of setting their rental rates independently, the
Equipment Rental Company Defendants, who control much of the
nation's construction equipment rental market, outsource
rate-setting to a common entity – Rouse Service. By acting
collectively through Rouse Service, the Equipment Rental Company
Defendants and their co-conspirators eliminate competition among
themselves, the suit asserts.
RB Global, Inc., a public company, traded on the Toronto and New
York Stock Exchanges, provides transaction solutions for buyers and
sellers of commercial assets and vehicles worldwide.[BN]
The Plaintiff is represented by:
J. Barton Goplerud, Esq.
Brian O. Marty, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Telephone: (515) 223-4567
E-mail: goplerud@sagwlaw.com
marty@sagwlaw.com
- and -
Jon A. Tostrud , Esq.
Anthony M. Carter, Esq.
TOSTRUD LAW GROUP, PC
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 278-2600
Facsimile: (310) 278-2640
E-mail: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
RUGSUSA LLC: Filing for Class Certification in Carrell Due Dec. 8
-----------------------------------------------------------------
In the class action lawsuit captioned as Carrell v. RugsUSA, LLC,
Case No. 3:25-cv-00454 (D. Or., Filed March 17, 2025), the Hon.
Judge Amy M. Baggio entered an order setting the following case
schedule:
-- Deadline to substantially complete Oct. 31, 2025
discovery related to class
certification is:
-- Close of fact discovery on issues Dec. 8, 2025
related to class certification is:
-- Motion for class certification and Dec. 8, 2025
deadline to disclose class certification
expert reports is:
-- Opposition to motion for class Jan. 20, 2026
certification and deadline to
disclose responsive class
certification expert reports is:
-- Reply to motion for class Feb. 27, 2026
certification is:
The nature of suit states Contract Product Liability.
RugsUSA provides flooring products.[CC]
SAFELITE FULFILLMENT: Class Cert Bid Filing Due April 3, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as TONY CORREA, individually,
and on behalf of other members of the general public similarly
situated, and as an aggrieved employee pursuant to the Private
Attorneys General Act ("PAGA'), v. SAFELITE FULFILLMENT, INC., a
Delaware corporation; SAFELITE SOLUTIONS, LLC, a Delaware limited
liability company; and DOES 1 through 10, inclusive, Case No.
5:24-cv-02558-DTB (C.D. Cal.), the Hon. Judge David Bristow entered
an order granting the Parties' stipulation to modify initial
scheduling order:
Event Date
Deadline to file motion for class April 3, 2026
certification:
Deadline to file opposition to motion May 15, 2026
for class certification:
Deadline to file reply in support of June 19, 2026
motion for class certification:
Hearing on motion for class certification: July 9, 2026
Fact discovery cut-off: Oct., 30, 2026
Expert discovery cut-off: Dec. 29, 2026
Dispositive motion hearing cut-off: Feb. 12, 2027
Final Pretrial Conference: Mar. 24, 2027
Jury Trial: Apr. 26, 2027
Safelite is engaged in the retail sale of paint, glass, and
wallpaper.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3oDo5q at no extra
charge.[CC]
SELECT RESTAURANTS: Roque Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Select Restaurants,
Inc. The case is styled as Jose Mei Roque, an individual and on
behalf of all others similarly situated v. Select Restaurants Inc.
d/b/a Parker's Lighthouse and Queensview Steakhouse, a California
corporation, Case No. 25STCV25432 (Cal. Super. Ct., Los Angeles
Cty., Aug. 29, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Select Restaurants, Inc. -- https://selectrestaurants.com/ --
owns and operates some of the country's finest restaurants, ranging
from fine waterfront dining to family-friendly restaurants.[BN]
The Plaintiff is represented by:
Jason W. Rothman, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Fax: 310-300-1705
Email: Jason@tomorrowlaw.com
SELF REGIONAL HEALTHCARE: Knight Suit Removed to D. South Carolina
------------------------------------------------------------------
The case styled as Michelle Knight, Joshua Wesley, individually on
behalf of themselves and all others similarly situated v. Self
Regional Healthcare, Case No. 2025-CP-24-00748 was removed from the
Greenwood County Court of Common Pleas, to the U.S. District Court
for the District of South Carolina on Sept. 2, 2025.
The District Court Clerk assigned Case No. 8:25-cv-11936-TMC to the
proceeding.
The nature of suit is stated as Other Contract.
Self Regional Healthcare -- https://www.selfregional.org/home/ --
is a comprehensive healthcare system based in the Lakelands area of
South Carolina.[BN]
The Plaintiffs are represented by:
Paul J. Doolittle, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 834-4712
Email: paul.doolittle@poulinwilley.com
The Defendant is represented by:
Ernessa Brawley McKie, Esq.
BAKER AND HOSTETLER LLP (ATL)
1170 Peachtree Street NE, Suite 2400
Atlanta, GA 30309
Phone: (404) 256-8421
Email: kathleen.fisherenyeart@lathropgpm.com
SHOEBACCA LTD: Faces Hampton Suit Over Blind-Inaccessible Website
-----------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated, Plaintiff v. Shoebacca, Ltd., Defendant, Case No.
1:25-cv-10323 (N.D. Ill., August 28, 2025) is a civil action
against the Defendant for its failure to design, construct,
maintain, and operate the its website, https://www.shoebacca.com,
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired individuals in violation of the
Americans with Disabilities Act.
On May 30, 2025, the Plaintiff made an attempt to complete an
atheletic shoe purchase on Shoebacca.com. As she tried to navigate
the website and complete her purchase, she encountered
accessibility barriers that significantly hindered her ability to
proceed. She had difficulties to navigate through the Filter-menu,
due to the fact that elements from collapsed submenus received
focus, making her navigation overwhelming.
The Plaintiff asserts that the website contains access barriers
that prevent free and full use by Plaintiff 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, changing of content
without advance warning, lack of alt-text on graphics, and the
requirement that transactions be performed solely with a mouse.
The Plaintiff seeks a permanent injunction to cause a change in
Shoebacca'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.
Shoebacca, Ltd. operate the website that offers footwear, apparel,
and accessories including boots, clogs, sandals, slippers,
T-shirts, jackets, pants, and more.[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: (718) 554-0237
E-mail: Dreyes@ealg.law
SIMMONS UNIVERSITY: Sued Over Unauthorized Access to Personal Info
------------------------------------------------------------------
JANE DOE, individually and on behalf of all others similarly
situated, Plaintiff v. MATTHEW WEISS; the TRUSTEES OF SIMMONS
UNIVERSITY; SIMMONS UNIVERSITY; and KEFFER DEVELOPMENT SERVICES,
LLC, Defendants, Case No. 2:25-cv-12599-MAG (D. Mass., August 28,
2025) is an action brought on behalf of the Plaintiff and all
others who have been subjected to an unlawful breach of privacy,
stemming from former University of Michigan and Baltimore Ravens
coach Matthew Weiss' unauthorized access of athletic trainer
databases maintained by a third-party vendor, Keffer Development.
Between 2015 and January 2023, Defendant Weiss gained unauthorized
access to databases used by athletic trainers at more than 100
colleges and universities, some of which were maintained by
Defendant Keffer, a third-party vendor contracted by these colleges
and universities. Defendant Weiss primarily targeted female college
athletes. He researched and targeted these women based on their
school affiliation, athletic history, physical characteristics, and
sexual preferences, says the suit.
According to the complaint, students and alumni connected to
Simmons University from 2015 to 2023 -- many of them
student-athletes -- seek justice for the unauthorized access and
misuse of personal information, which is an abuse so severe that
students and student-athletes across the nation are now receiving
formal notification from the U.S. Department of Justice that their
private information, including intimate photos and videos, have
been exposed, including Plaintiff Jane Doe.
This action is brought to hold the Defendants accountable for
failing to protect their students from alleged foreseeable harm.
Simmons University is a school incorporated in Massachusetts with
its principal place of business in Boston. Simmons University was
Simmons College and renamed Simmons University in or around 2017.
Trustees of Simmons University are sued in their official capacity
as Trustees of Simmons University.[BN]
The Plaintiff is represented by:
Paula S. Bliss, Esq.
Kimberly A. Dougherty, Esq.
JUSTICE LAW COLLABORATIVE, LLC
210 Washington Street
North Easton, MA 02356
Telephone: (508) 230-2700
Facsimile: (285) 278-0287
E-mail: paula@justicelc.com
kim@justicelc.com
- and -
Megan Bonanni, Esq.
Kevin M. Carlson, Esq.
Beth M. Rivers, Esq.
Danielle Y. Canepa, Esq.
PITT MCGEHEE PALMER BONANNI & RIVERS
117 W. Fourth Street, Suite 200
Royal Oak, MI 48067
Telephone: (248) 398-9800
E-mail: mbonnani@pittlawpc.com
kcarlson@pittlawpc.com
brivers@pittlawpc.com
dcanepa@pittlawpc.com
- and -
Lisa M. Esser, Esq.
Richard L. Groffsky, Esq.
Jason J. Thompson, Esq.
Matthew G. Curtis, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: lesser@sommerspc.com
rgroffsky@sommerspc.com
jthompson@sommerspc.com
mcurtis@sommerspc.com
- and -
Ryan Clarkson, Esq.
Bryan Thompson, Esq.
Timothy Giordano, Esq.
Yana Hart, Esq.
CLARKSON LAW FIRM
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 471-2599
E-mail: rclarkson@clarksonlawfirm.com
bthompson@clarksonlawfirm.com
tgiordano@clarksonlawfirm.com
yhart@clarksonlawfirm.com
SLT LENDING: Court Awards $183K Atty's Fees to Class Counsel
------------------------------------------------------------
In the class action lawsuit captioned as BRIAN BAKER, et al.,
individually, and on behalf of all others similarly situated, v.
SLT LENDING SPV, INC. d/b/a SUR LA TABLE, Case No.
2:23-cv-00190-GSL-AZ (N.D. Ind.), the Hon. Judge Gretchen S. Lund
entered an order:
-- granting final approval of class action settlement, attorneys'
fees, expenses, and service awards; and
-- entering final judgment and dismissal.
1. The Court grants final approval of the appointment of M.
Anderson Berry of Clayeo C. Arnold, APC; Gary M. Klinger of
Milberg Coleman Bryson Phillips Grossman, PLLC; Kathleen A.
Delaney of Delaney and Delaney LLC; and Mason Barney and
Tyler Bean of Siri and Glimstad LLP. as Class Counsel;
2. The Court grants the Plaintiffs' motion for Attorneys' fees,
costs, and service awards. The Court awards Class Counsel
$183,333.33 in attorneys' fees and $2,797.49 for the
reimbursement of litigation expenses, to be paid according to
the terms of the Settlement Agreement. This amount of fees
and reimbursement of expenses is fair and reasonable. The
Court also approves service awards of $2,000.00 each for the
three (3) Class Representatives.
3. The Court grants final approval of the appointment of Brian
Baker, Luann Petrulakis, and Jamelah Elder as class
representatives.
4. The Court certifies the following Class and Subclass for
settlement purposes only under Fed. R. Civ. P. 23(a) and
23(b)(3), subject to the Settlement Class exclusions set
forth in the Settlement Agreement:
Class:
"All individuals to whom the Defendant sent notice of the
Data Incident on or around May 24, 2023."
California subclass:
"All California residents to whom the Defendant sent notice
of the Data Incident on or around May 24, 2023."
The Settlement Class specifically excludes (i) all Persons
who timely and validly request exclusion from the Class; (ii)
the Judge assigned to evaluate the fairness of this
Settlement; and (iii) any other person found by a court of
competent jurisdiction to be guilty under criminal law of
initiating, causing, aiding or abetting the criminal activity
occurrence of the Data Incident or who pleads nolo contendere
to any such charge.
The Defendant is a privately-held retail company.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2YU1B0 at no extra
charge.[CC]
SOUTHERN COMPANY: Tobias FLSA Suit Transferred to S.D. Georgia
--------------------------------------------------------------
The case styled as Geoffrey Tobias, individually and for others
similarly situated v. The Southern Company, Southern Nuclear
Operating Company, Case No. 1:24-cv-02244 was transferred from the
U.S. District Court for the Northern District of Georgia, to the
U.S. District Court for the Southern District of Georgia on Sept.
2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00202-JRH-BKE to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Southern Nuclear -- https://www.southernnuclear.com/ -- is an
award-winning leader among the nation's nuclear energy operators,
running eight units for Alabama Power and Georgia Power.[BN]
The Plaintiffs are represented by:
Andrew W. Dunlap, Esq.
Michael A. Josephson
Richard J. Burch
Travis Grefenstette
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: adunlap@mybackwages.com
mjosephson@mybackwages.com
rburch@brucknerburch.com
tgrefenstette@mybackwages.com
- and -
Jeremy Stephens, Esq.
MORGAN AND MORGAN, PA
191 Peachtree Street NE, Ste. 4200
Atlanta, GA 30303
Phone: (404) 965-1682
Email: jstephens@forthepeople.com
- and -
Charles Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Avenue, 15th Floor
Orlando, FL 32801
Phone: (407) 420-1414
Email: rmorgan@forthepeople.com
- and -
William M. Hogg, Esq.
LAUREL EMPLOYMENT LAW APC
6309 Van Nuys Boulevard, Suite 111
Van Nuys, CA 91411
Phone: (323) 285-3161
Email: whogg@mybackwages.com
The Defendants are represented by:
Andrew Michael McKinley, Esq.
Kevin Michael Young, Esq.
Lennon Haas, Esq.
SEYFARTH SHAW LLP
1075 Peachtree St., NE, Suite 2500
Atlanta, GA 30309
Phone: (404) 704-9665
Email: amckinley@seyfarth.com
kyoung@seyfarth.com
lhaas@seyfarth.com
- and -
Kyle Donald Winnick, Esq.
SEYFARTH SHAW LLP
620 Eighth Avenue, Floor 31
New York, NY 10018
Phone: (212) 218-5510
Email: kwinnick@seyfarth.com
SPECTRUM CENTER: Zamora Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Audriana Zamora, on behalf of herself and all
others similarly situated v. SPECTRUM CENTER, INC., a California
corporation; and DOES 1 through 50, inclusive, Case No. CVRI2503847
was removed from the Superior Court of the State of California,
County of Riverside, to the United States District Court for
Central District of California on Sept. 2, 2025, and assigned Case
No. 5:25-cv-02286.
The Complaint seeks damages, penalties, and injunctive relief on
behalf of a putative class for alleged violations of California
law, including: failure to pay minimum wages; failure to pay all
overtime wages; meal period violations; rest period violations;
wage statement violations; waiting time penalties; failure to
reimburse necessary business expenses; and violations of the Unfair
Competition Law.[BN]
The Defendants are represented by:
Carrie A. Gonell, Esq.
Kevin J. Bohm, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Phone: +1.714.830.0600
Fax: +1.714.830.0700
Email: carrie.gonell@morganlewis.com
kevin.bohm@morganlewis.com
SPINNAKER INSURANCE: Partly Wins Bid for Summary Judgment
---------------------------------------------------------
In the class action lawsuit captioned as JAMES MORRISON and DALLAS
MORRISON, Individually and on behalf of others similarly situated,
v. SPINNAKER INSURANCE COMPANY, Case No. 4:23-cv-00324-ALM (E.D.
Tex.), the Hon. Judge Amos Mazzant entered an order as follows:
1. The Defendant's motion for summary judgment is denied as to
Count I (breach of contract—class action/non-material
depreciation).
2. The Defendant's motion for summary judgment is granted as to
Count II (breach of contract—individual claim independent
and
separate from Count I and unrelated to non-material
depreciation).
3. The Defendant's motion for summary judgment is granted as to
Count III (declaratory judgment and relief—class
action/non-
material depreciation).
This is an insurance case involving the alleged underpayment of
storm damage claims.
The Plaintiffs owned a residence and related structures in Howe,
Texas, insured under a homeowners policy issued by the Defendant
for the period of Oct. 25, 2020, through Oct. 25, 2021.
On May 20, 2021, the Plaintiffs submitted a claim for hail,
lightning, and other weather-related damages resulting from an
April 28, 2021, storm.
The Defendant initially paid $35,902.32 on the claim, but the
Plaintiffs asserted entitlement to $280,311.12 in benefits,
creating a purported shortfall of $244,408.80.
The Plaintiffs allege that the Defendant improperly depreciated
labor and other non-material costs when adjusting their claim,
thereby underpaying benefits.
Spinnaker is a national property and casualty insurer.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7eh8a4 at no extra
charge.[CC]
SUCCESSFULMATCH.COM: Appeals Court Compels Arbitration in BIPA Suit
-------------------------------------------------------------------
Heryka Knoespel and Mary C. Zinsner of Consumer Financial Services
report that in a recent decision by the U.S. Court of Appeals for
the Ninth Circuit, the court reversed a district court's ruling and
compelled arbitration in the case of Massel v. Successfulmatch.com
dba Millionaire Match. The appellate court concluded that the
plaintiff consumer received reasonably conspicuous notice of the
Service Agreement (containing the arbitration clause), to which the
plaintiff assented by checking the box required for account
creation and continued use of the website.
Background
The plaintiff initiated a putative class action lawsuit against the
dating service, alleging that it unlawfully collected and disclosed
biometric information, violating the Illinois Biometric Information
Privacy Act. The dating service sought to compel arbitration based
on an arbitration clause in its Service Agreement, which the
consumer had agreed to when creating his account. The district
court initially denied this motion, leading to an appeal.
Appellate Decision
The Ninth Circuit's decision centered on whether the dating service
provided "reasonably conspicuous notice" of its arbitration
agreement, a key factor in determining the enforceability of online
contracts. The court applied an "inquiry theory of notice," which
requires two elements for contract formation:
Reasonably Conspicuous Notice: The website must clearly inform
users of the terms they are agreeing to.
Manifestation of Assent: Users must take an action, such as
clicking a button or checking a box, that clearly indicates their
agreement to the terms.
The test takes into account both the visual design of the webpages
and the context of the transaction, which should be considered
together. The dating service's website looked like this:
The court found that the dating service's website design and user
flow provided adequate notice of the Service Agreement, including
its arbitration provision. The court further explained that despite
the hyperlinks not being in a contrasting color or capitalized, the
website clearly required users to review and agree to the terms
before accessing the service.
"'That the links [to the Service Agreement and Privacy Policy were]
not blue . . . or capitalized does not undercut' a conclusion that
Millionaire Match provided 'reasonably conspicuous notice' by using
uncluttered visuals, with only a single, unrelated phrase in bold,
to tether account creation and use of the website to the user's
review of, and consent to, the Service Agreement. The account
creation screen was not 'crowded' with extraneous visuals, and the
requirements to review and agree to the Service Agreement were in
'the natural flow of [the user's] actions.'"
Our Take
The ruling underscores the importance of clear and conspicuous
presentation of terms in online agreements, particularly
arbitration clauses. The court highlights that while visual design
is important, the overall context, content, and user experience are
crucial in determining whether users are adequately informed.
The decision also reinforces the principle that courts should avoid
rigid, one-size-fits-all rules when evaluating online contract
formation. Instead, they should consider the specific circumstances
of each case. [GN]
SWEEPSTEAKS LIMITED: Faces Class Suit Over Online Gambling Scheme
-----------------------------------------------------------------
Chloe Gocher of ClassAction.org reports that a proposed class
action lawsuit claims that Stake.us operates an online gambling
scheme in violation of Minnesota law.
According to the 26-page lawsuit, the online games of chance run by
Sweepsteaks Limited, which does business as Stake.us, do not fall
within Minnesota's strict legal gambling allowances, which
essentially include only "charitable gaming." Per the case, lawful
gambling in the state is limited to the operation of bingo,
paddlewheels, tipboards, raffles and pull-tabs run by licensed
non-profit organizations in physical locations owned or leased by
the organization and with supervision from on-site gambling
managers.
The lawsuit alleges that Stake is not licensed to operate
charitable gaming in Minnesota and has failed to adhere to
"hundreds of other regulations," including the requirement that the
profits from gambling games be used for charitable donations, venue
repairs or a limited number of other lawful purposes.
In order to participate in Stake.us games, per the lawsuit, players
must purchase and wager with one of the website's two proprietary
virtual currencies -- Stake Cash or Gold Coins. While Gold Coins
are exclusively an in-game credit, Stake Cash can be exchanged for
cryptocurrency, which has been defined as money by federal courts
because it can be easily exchanged for U.S. currency, the complaint
writes.
Nevertheless, Stake.us deceptively advertises itself as a social
casino, where casino-style games are played purely for fun and not
for monetary gain. Although it is possible to obtain Stake Cash
without making a purchase, the complaint claims that players' main
method of acquiring the virtual currency is through purchases of
Gold Coins bundled with Stake Cash, where the dollar cost of the
Gold Coins is "practically equal" to the amount of Stake Cash
bundled in the purchase. The lawsuit argues that this effectively
constitutes a purchase of Stake Cash, and that a purchase of either
Stake Cash, Gold Coins or both is the only way for players to
continue to play Stake.us' games.
Players' ability to purchase Stake Cash with real currency and then
exchange their Stake Cash winnings for real currency renders
Stake.us' "social casino" and "free to play" advertisements false
and misleading and renders its platform an illegal gambling scheme
in violation of a host of Minnesota statutes and regulations, the
filing contends.
"It is obvious that Players buy Stake Cash to gamble with as a
proxy for real currency, which makes it indistinguishable from
gambling with poker chips at a casino, where a person exchanges
U.S. Dollars for casino chips at a 1-to-1 ratio and can later
exchange those chips for U.S. Dollars," the complaint states.
According to the suit, Stake.us does not disclose anywhere, even in
its list of "excluded territories," that its platform is illegal in
Minnesota, further deceiving unwitting Minnesota-based players.
The plaintiff says he spent over $80,000 on Stake Cash between
April 2023 and February 2025 and is currently in recovery for
gambling addiction. Per the suit, although the plaintiff had
previously gambled before using Stake, his addiction "never got as
out of control" due to Minnesota's anti-gambling regulations.
The Stake class action lawsuit seeks to represent all Minnesota
residents who, within the applicable statute of limitations, have
paid and lost money, cryptocurrency or other items of value on
Stake.us. [GN]
SWEEPSTEAKS LIMITED: Operates Illegal Online Gambling, Thomas Says
------------------------------------------------------------------
JEREMY THOMAS, on behalf of himself and others similarly situated,
Plaintiff v. SWEEPSTEAKS LIMITED, d/b/a Stake.us, Defendant, Case
No. 1:25-cv-00136-GHD-DAS (N.D. Miss., August 28, 2025) is brought
by Plaintiff seeking damages, declaratory, injunctive, and
equitable relief individually on behalf the other Class members,
each of whom are Mississippi residents who have paid and lost money
or other things of value on Stake.us.
Stake owns and operates a popular, casino-oriented Internet gaming
website called www.stake.us. Stake is not registered or licensed to
operate in Mississippi. It does not operate to promote or market
another product or service; stake.us is the product or service.
According to the complaint, Stake lets people play online casino
games and wager real money while defying the state's constitutional
prohibition against gambling, offering inadequate player
protections, exploiting adolescents, and siphoning revenue from
this state.
In Mississippi, a game is chance-based, not skill-based, when more
chance is involved in the outcome than skill. Stake operates an
illegal gambling website (Stake.us) wherein participants pay
consideration for the chance to win a prize, alleges the suit.
The Plaintiff and Class members seek an order declaring that (1)
Stakes.us is illegal gambling in Mississippi and (2) any authority
under which it purports to operate is illegal, as well as a
permanent injunction enjoining Stakes from operating Stakes.us in
Mississippi, with disgorgement of profits.
Sweepsteaks Limited, d/b/a Stake.us, is a sweepstakes casino
company.[BN]
The Plaintiff is represented by:
Ronnie Musgrove, Esq.
David S. Humphreys, Esq.
MUSGROVE, WHITWELL & HUMPHREYS, PLLC
265 N. Lamar Blvd., Suite C
Oxford, MS 38655
Telephone: (662) 273-8424
E-mail: musgrove@mwhlawoffice.com
david@mwhlawoffice.com
TOPPOINT HOLDINGS: Continues to Defend Rodriguez Labor Class Suit
-----------------------------------------------------------------
Toppoint Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2025 filed with the Securities and
Exchange Commission on August 14, 2025, that the Company continues
to defend itself from the Rodriguez and Rodriguez labor class suit
in the Superior Court of New Jersey, Essex County.
On January 12, 2024, two drivers, Rainey Mejia Rodriguez and Frank
Santana Rodriguez (the "plaintiffs"), filed a class action lawsuit
against Toppoint Inc, and certain other parties, including Hok C.
Chan, in the Superior Court of New Jersey, Essex County, alleging
misclassification of truck drivers as independent contractors
rather than employees. The plaintiffs seek to represent a class of
similarly situated individuals who provided services in New Jersey
from January 2018 through the date of the complaint. The complaint
asserted violations of the New Jersey Wage Payment Law and the New
Jersey Wage and Hour Law, including claims of unlawful wage
deductions and failure to pay overtime.
The plaintiffs sought compensatory damages, treble and/or
liquidated damages, attorneys' fees, and injunctive relief, without
specifying a dollar amount of damages.
On July 27, 2024, August 26, 2024, and November 22, 2024, the Court
issued multiple orders dismissing the case for lack of prosecution.
Upon a motion to reinstate the case filed on January 15, 2025 by
the plaintiffs, the Court reinstated the case on January 31, 2025.
On May 1, 2025, Toppoint Inc filed a motion to dismiss the amended
complaint, and a motion hearing was held on July 3, 2025. On June
6, 2025, the court dismissed the case without prejudice against Mr.
Hok C. Chan for lack of prosecution.
The Company believes the claims are without merit and intend to
continue to vigorously defend against them. The Company does not
believe there is a probable and estimable loss as of June 30,
2025.
Toppoint Holdings Inc. is a truckload services and solutions
provider focused on the recycling export supply chain.
TPUSA INC: Katsnelson FLSA Suit Transferred to S.D. New York
------------------------------------------------------------
The case styled as Robert Katsnelson, on behalf of himself and all
others similarly situation v. TPUSA, Inc. doing business as:
Teleperformance, Case No. 9:25-cv-80277 was transferred from the
U.S. District Court for the Southern District of Florida, to the
U.S. District Court for the Southern District of New York on Sept.
2, 2025.
The District Court Clerk assigned Case No. 1:25-cv-07272-MMG to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
TPUSA, Inc. doing business as Teleperformance --
https://www.tp.com/en-us/ -- serves as a strategic partner to the
world's largest companies in a wide variety of industries.[BN]
The Plaintiffs are represented by:
D. Maimon Kirschenbaum, Esq.
Lucas C. Buzzard, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
- and -
David Labkowski, Esq.
LABKOWSKI LAW, P.A.
347 Fifth Avenue, Suite 1402
New York, NY 10016
Phone: (786) 461-1340
Email: david@labkowskilaw.com
The Defendants are represented by:
Ena Teresa Diaz, Esq.
Loren Myles Korkin, Esq.
JACKSON LEWIS P.C.
1 SE 3rd Ave., Ste. 2300
Miami, FL 33131
Phone: (305) 577-7600
- and -
Veronica T. Hunter, Esq.
JACKSON LEWIS P.C.
93 Red River Street, Suite 1150
Austin, TX 78701
Phone: (512) 362-7100
TRANS UNION: Brown Sues Over Failure to Safeguard PII
-----------------------------------------------------
Terry Brown, individually, and on behalf of all others similarly
situated v. TRANS UNION LLC, Case No. 1:25-cv-10435 (N.D. Ill.,
Aug. 31, 2025), is brought against Defendant for its failure to
properly secure and safeguard Plaintiff’s and other similarly
situated customers’ (“Class Members,” as defined infra)
sensitive personally identifiable information, including their
names, Social Security numbers, and dates of birth (“PII”).
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. On July 30,
2025, Defendant discovered a data breach that had occurred in an
application connected to its vendor Salesforce on July 28, 2025,
exposing the PII of 4.5 million of Defendants’ U.S. customers
(“Data Breach”).
The Defendant failed to adequately protect Plaintiff's and Class
Members’ PII––and failed to even encrypt or redact this
highly sensitive information. This unencrypted, unredacted PII was
compromised due to Defendant’s negligent and/or careless acts and
omissions and its utter failure to protect its customers’
sensitive data. Hackers targeted and obtained Plaintiff’s and
Class Members’ PII because of its value in exploiting and
stealing the identities of Plaintiff and Class Members. The present
and continuing risk to victims of the Data Breach will remain for
their respective lifetimes, says the complaint.
The Plaintiff provided their PII in connection with receiving
services from Defendant.
The Defendant is one of the nation’s “big three” consumer
credit reporting agencies.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW, P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
sukert@kolawyers.com
TRANSWORLD SYSTEMS: Goldberger Files FDCPA Suit in E.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Transworld Systems
Inc. The case is styled as Yechiel Goldberger, individually and on
behalf of all others similarly situated v. Transworld Systems Inc.,
Case No. 1:25-cv-02453 (E.D.N.Y., Aug. 5, 2025).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Transworld Systems Inc. -- https://tsico.com/ -- is a leading
technology enabled BPO partner providing receivables management,
customer care, back office support and consumer loan
servicing.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rsalim@steinsakslegal.com
ULTA SALON: Minson Suit Removed to W.D. Washington
--------------------------------------------------
The case captioned as Sarah Minson, individually and on behalf of
all others similarly situated v. ULTA SALON, COSMETICS & FRAGRANCE,
INC., a foreign profit corporation doing business as ULTA BEAUTY;
ULTA BEAUTY CREDIT SERVICES CORPORATION, a foreign profit
corporation doing business as ULTA BEAUTY; and DOES 1-20, as yet
unknown Washington entities, Case No. 25-2-21904-6 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. 29, 2025, and assigned Case No. 2:25-cv-01675.
The Complaint asserts claims on behalf of the following putative
class (the "Class"): All current and former employees of Ulta who
worked in Washington and earned less than twice the applicable
state minimum hourly wage from July 28, 2022, through the date of
certification of the Class. On behalf of herself and the Class,
Minson seeks $5,000 in statutory damages per putative class member,
based on allegedly being restricted from having additional jobs,
supplementing income by working for another employer, working as an
independent contractor, or being self-employed, all in alleged
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.
Per D. Jansen, Esq.
Lauren S. Titchbourne, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Phone: (206) 693-7057
Facsimile: (206) 693-7058
Email: adam.pankratz@ogletree.com
per.jansen@ogletree.com
lauren.titchbourne@ogletree.com
UNILEVER UNITED: Argueta Sues Over Drink Mix Oversized Packaging
----------------------------------------------------------------
JESSICA ARGUETA, individually and on behalf of all others similarly
situated v. UNILEVER UNITED STATES, INC., a Delaware corporation,
d/b/a LIQUID I.V., Case No. 2:25-cv-08260 (C.D. Cal., Sept. 2,
2025) alleges that to increase profits at the expense of consumers
and fair competition, the Defendant deceptively sells its products
in oversized packaging that does not reasonably inform consumers
that they are over half empty in violation of the California
Consumers Legal Remedies Act, the Unfair Competition Law, and the
False Advertising Law.
According to the complaint, the Defendant's slack-fill scam extends
to its 0.56-ounce "Lemon Lime Electrolyte Drink Mix" product sold
in individual sticks inside opaque containers (the Product). The
Defendant dupes unsuspecting consumers across America to pay
premium prices for empty space, asserts the suit.
The Plaintiff and consumers have, accordingly, suffered injury in
fact caused by the false, unfair, deceptive, unlawful, and
misleading practices set, and seek injunctive relief, as well as,
inter alia, compensatory damages, statutory damages, restitution,
and attorneys' fees.
The Defendant manufactures and sells the popular line of hydration
electrolyte products throughout California.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
UNITED AUTO: Filing for Class Cert Bid in Ferrara Due Dec. 16
-------------------------------------------------------------
In the class action lawsuit captioned as Ferrara, et al., v. United
Auto Supply of Syracuse, Inc., Case No. 5:24-cv-00337 (N.D.N.Y.,
Filed March 8, 2024), the Hon. Judge David N. Hurd entered an order
extending schedules and deadlines as follows:
(1) The parties shall file a joint detailed status report by
Oct. 17, 2025, regarding status and progress of discovery.
(2) The Plaintiffs shall file any class certification motion by
Dec. 16, 2025.
(3) The Plaintiffs expert disclosure deadline is Nov. 17, 2025.
(4) The Defendants expert disclosure deadline is Dec. 29, 2025.
(5) Rebuttal expert disclosure deadline is Jan. 13, 2026.
(6) Deadline for completion of all discovery, including merits,
class, all depositions, is Feb. 17, 2026.
(7) Dispositive motions shall be filed by April 16, 2026.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
United distributes automotive parts and accessories. [CC]
US VENTURE INC: Martinez Suit Removed to E.D. California
--------------------------------------------------------
The case captioned as Yair Castaneda Martinez, individually, and on
behalf of all others similarly situated v. US VENTURE, INC., and
DOES 1 through 50, inclusive, Case No. 25CECG03106 was removed from
the Superior Court of the State of California for the County of
Fresno, to the United States District Court for Eastern District of
California on Sept. 2, 2025, and assigned Case No. 1:25-at-00752.
The Plaintiff's Complaint alleges claims for failure to pay all
wages; failure to provide meal periods or compensation in lieu
thereof; failure to permit rest periods or provide compensation in
lieu thereof; failure to provide recovery periods; failure to
reimburse business expenses; failure to provide accurate itemized
wage statements; waiting time penalties; violations of the Unfair
Competition Law; and violation of the Private Attorneys General Act
of 2004.[BN]
The Defendants are represented by:
James D. Miller, Esq.
Joice B. Bass, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
7060 N. Marks Avenue, Suite 108
Fresno, CA 93711
Phone: (559) 825-8510
Fax: (559) 570-0323
Email: james.miller@ogletreedeakins.com
joice.bass@ogletreedeakins.com
VITAL IMAGING: Fails to Protect Sensitive Data, Garcia Suit Says
----------------------------------------------------------------
JUDITH GARCIA, individually, and on behalf of all others similarly
situated v. VITAL IMAGING DIAGNOSTIC CENTERS, LLC D/B/A VITAL
IMAGING MEDICAL DIAGNOSITC CENTERS, LLC, Case No. 230619154 (Fla
Cir., Miami Dade Cty., Sept. 2, 2025) arises from the Defendant's
failure to protect highly sensitive data.
Accordingly, the Defendant stores a litany of highly sensitive
personal identifiable information and protected health information
of current and former patients. But Defendant lost control over
that data when cybercriminals infiltrated its insufficiently
protected computer systems in a data breach, says the suit.
On Feb. 13, 2025, an unauthorized actor accessed and acquired
certain files and data stored within Defendant's network. It is
unknown for precisely how long the cybercriminals had access to
Defendant's network before the Data Breach was discovered, asserts
the suit.
The Defendant is a healthcare provider.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL 33131
Telephone: (866) 252-0878
E-mail: mweekes@milberg.com
WALL TO WALL: Flores Suit Removed to N.D. California
----------------------------------------------------
The case captioned as Yovanik Flores, an individual and on behalf
of all others similarly situated v. WALL TO WALL, LLC, a Delaware
limited liability company doing business as VEEV; LENNAR
CORPORATION, a Delaware stock corporation; JUAN AGUAYO, an
individual; and DOES 1 through 100, inclusive, Case No. 25CV131440
was removed from the Superior Court of the State of California for
the County of Alameda, to the United States District Court for
Northern District of California on Sept. 2, 2025, and assigned Case
No. 3:25-cv-07390.
The Plaintiff's Complaint seeks damages, penalties, and injunctive
relief under the California Labor Code on behalf of Plaintiff and a
putative class comprised of "all current and former non-exempt
employees of Defendants within the State of California at any time
commencing 4 years preceding the filing of Plaintiff's complaint"
for the following alleged violations of California law: failure to
pay overtime wages; failure to pay minimum wages; failure to
provide meal periods; failure to provide rest periods; waiting time
penalties; wage statement violations; failure to reimburse business
expenses; and unfair competition under California Business and
Professions Code section 17200.[BN]
The Defendants are represented by:
Barbara J. Miller, Esq.
David Rashe, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Phone: +1.714.830.0600
Fax: +1.714.830.0700
Email: barbara.miller@morganlewis.com
david.rashe@morganlewis.com
WATA INC: Filing for Third Class Cert Bid Due Sept. 29
------------------------------------------------------
In the class action lawsuit captioned as JACOB KNIGHT, JACK CRIBBS,
and JASON DOHSE, individually and on behalf of all others similarly
situated, v. WATA, INC. and COLLECTORS UNIVERSE, INC., Case No.
1:22-cv-01873-GPG-TPO (D. Colo.), the Hon. Judge Timothy P. O'Hara
entered an order modifying the following deadlines in the
Scheduling Order:
The Plaintiffs' third motion for class Sept. 29, 2025
Certification:
The Defendants' opposition to the Plaintiffs' Oct. 29, 2025
third motion for class certification:
The Plaintiffs' reply to the Defendants' Nov. 13, 2025
opposition:
Wata operates as a video games company.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Dhlr6d at no extra
charge.[CC]
WATA INC: Knight Seeks More Time to File 3rd Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as JACOB KNIGHT, JACK CRIBBS,
JASON DOHSE, individually and on behalf of all others similarly
situated, v. WATA INC., COLLECTORS UNIVERSE, INC., Case No.
1:22-cv-01873-GPG-TPO (D. Colo.), the Plaintiffs ask the Court to
enter an order granting an extension of time of 30 days for them to
file their third motion for class certification.
The Plaintiffs seek to extend these deadlines for the filing of the
motion for 30 days. This would change the dates relating to the
Third Motion for Class Certification as follows:
Sept. 29, 2025 The Plaintiffs' third motion for class
certification due
Oct. 29, 2025 The Defendants' opposition to the Plaintiffs'
third motion for class certification due
Nov. 13, 2025 The Plaintiffs' reply to the Defendant's
opposition due
The Plaintiffs request an extension of time because the parties are
pursuing settlement discussions and an extension would allow the
parties more time to try to resolve the matter rather than
increasing additional fees and creating work on motion practice
that may be unnecessary.
The Plaintiffs are filing this request four (4) days before their
third motion for class certification falls due.
The Plaintiffs have not requested a prior extension for the filing
of this motion.
On Aug. 25, 2025, the Plaintiffs' counsel, Janeen Carlberg,
conferred with the Defendants' counsel, Jason Rottner, and the
Defendants do not oppose this motion for the relief requested.
Wata operates as a video games company.
A copy of the Plaintiffs' motion dated Aug. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FuO2nW at no extra
charge.[CC]
The Plaintiffs are represented by:
Janeen Carlberg, Esq.
LAW OFFICE OF JANEEN CARLBERG
1912 N. Broadway, Suite 106
Santa Ana, CA 92706
Telephone: (714) 665-1900
E-mail: jcarlberg@lawfirmoc.com
WATERWAYS SHOPPES: Harty Sues Over Discriminative Property
----------------------------------------------------------
Owen Harty, individually and on behalf of all other similarly
situated v. WATERWAYS SHOPPES II, LLLP; MANGIA E BEVI PIZZERIA
NAPOLETANA WESTON INC. and BAKERY INVESTORS OF AMERICA, INC., Case
No. 0:25-cv-61748-XXXX (S.D. Fla., Aug. 29, 2025), is brought for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act ("ADA") as a result
of the Defendant's discrimination against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA.
Although well over 33 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead-time and the extensive publicity the ADA has received
since 1990, Defendant has continued to discriminate against people
who is disabled in ways that block them from access and use of
Defendant's property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
restaurant, including but not necessarily limited to the
allegations of this Complaint. Plaintiff has reasonable grounds to
believe that he will continue to be subjected to discrimination at
the commercial property, in violation of the ADA. The Defendants
have discriminated against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
WATERWAYS SHOPPES II, LLLP, owned and operated a commercial
property.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
WEAR PACT: Class Certification Bid in Johnston Due June 30, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as BIANCA JOHNSTON,
individually and on behalf of all others similarly situated, v.
WEAR PACT LLC, Case No. 1:25-cv-01906-RBJ (D. Colo.), the Hon.
Judge R. Brooke Jackson entered a scheduling order as follows:
-- Deadline for Joinder of Parties and Oct. 15, 2025
Amendment of Pleadings:
-- Discovery Cut-off: May 29, 2026
-- Motion for Class Certification: June 30, 2026
-- Dispositive Motion Deadline: Oct. 30, 2026
The Plaintiff alleges that the Defendant violated the TCPA by
sending him text message solicitations during solicitation hours
prohibited under the statute and its implementing regulations.
The Plaintiff seeks $500 for each text message sent by the
Defendant during "quiet hours" prohibited by the statute. The
Plaintiff also seeks injunctive relief.
Wear manufactures ethnical and organic apparel brand.
A copy of the Court's order dated Aug. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WCuhw1 at no extra
charge.[CC]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
Florida Bar No. 030380
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
The Defendant is represented by:
Wystan M. Ackerman, Esq.
ROBINSON & COLE LLP
One State Street
Hartford, CT 06103
Telephone: (860) 275-8200
E-mail: wackerman@rc.com
WINNING SOLUTION: Website Inaccessible to the Blind, Bishop Says
----------------------------------------------------------------
CEDRIC BISHOP, on behalf of himself and all other persons similarly
situated, Plaintiff v. WINNING SOLUTION INC., Defendant, Case No.
1:25-cv-07135 (S.D.N.Y., August 28, 2025) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://waacshop.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, the New York
State Human Rights Law, the New York City Human Rights Law, and
New York State General Business Law.
During Plaintiff's visits to the website, the last occurring on
August 12, 2025, in an attempt to purchase an Essential Pique Polo
Men from Defendant and to view the information on the website, the
Plaintiff encountered multiple access barriers that denied
Plaintiff a shopping experience similar to that of a sighted person
and full and equal access to the goods and services offered to the
public and made available to the public. He was unable to locate
pricing and was not able to add the item to the cart due to broken
links, pictures without alternate attributes and other barriers on
Defendant's website, says the Plaintiff.
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.
Winning Solution Inc. operates the website that offers golf fashion
& apparel.[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
ZALE DELAWARE: Settles TCPA Class Action Suit for $7.5 Million
--------------------------------------------------------------
TCPAWorld reports that well the #biglaw surrender monkeys have
struck again. This time it is Zales -– the diamond store– that
has face -- planted in a TCPA class action as a result of big law
representation.
Not sure when folks are going to figure this out and stop using
#biglaw to LOSE TCPA suits. But its good for my readership at
least.
And once again the #biglaw client is getting a TERRIBLE deal here
-— sort of.
This is a really weird settlement and a terrible settlement for
everyone.
So the class is defined as: "all persons throughout the United
States (1) who did not provide their telephone number to Zale
Delaware, Inc., (2) to whom Zale Delaware, Inc. delivered, or
caused to be delivered, more than one text message within a
12-month period, promoting Zale Delaware, Inc. goods or services,
(3) where the person's residential or cellular telephone number had
been registered with the National Do Not Call Registry for at least
thirty days before Zale Delaware, Inc. delivered, or caused to be
delivered, at least two text messages within the 12-month period.
For purposes of settlement the parties estimate the class consists
of approximately 75,483 telephone numbers.
So let's pause here.
In the first place it is not even clear that SMS messages are
covered by the TCPA's DNC rules anymore, so what the hell is Zales
doing writing a $7.5MM check here (well actually it is more like
$3MM [we'll get to that] but still)?
The case settled in July (we'll get to that too) which is after
McKesson came out so they should have known the FCC's SMS rules
were subject to challenge– but they settled anyway.
NUTS.
Next, the class only has 75,483 people in it. That's fairly small.
But it is unclear to me how Zales figured out who in the class
received a wrong number text.
We can let that go for now.
But so check this out.
Under the terms of the settlement every class member WHO MAKES A
CLAIM gets $100.00. That's how we get to the sum of $7,548,300 as
the settlement figure.
$100.00 per class member is WAY WAY WAY above market for an SMS
TCPA class action settlement and a reflection of the fact: i)
#biglaw is dumb; and ii) the class was defined too narrowly.
But what #biglaw was probably focused on is that if a class member
doesn't make a claim then Zales gets to keep the money.
Hmmmm.
Now the class counsel (the Wolf and Avi Kaufman) are set to make a
third of the settlement figure– $2.5MM, and that's money Zales
will have to spend.
So assuming a 6% claims rate the class will only get about $300k.
Avi and Paronich will get $2.5MM (so it goes.)
And Zales will pay a total of about $3MM with costs figured in.
While $3MM sounds a lot better than $7.5mm (and it is) that's still
about $40.00 a class member–which is top of market for these
settlements. And the market for a DNC SMS settlement should be
about ZERO until the courts figure out whether SMS is even covered
by the TCPA's DNC.
I suppose I could understand a deal like this if Zales had been
beaten up in litigation or there was some "law of the case”
binding them but the case was just filed in March, 2025 and the
case settled in July, 2025.
Rather obviously these #biglaw lawyers were ready to settle pretty
much as soon as the case was filed. They had ON CONCEPT of what
McKesson meant for the TCPA and they did not properly advise their
client.
Calling a spade a spade here.
Just terrible.
But from a certain perspective I love to see the Wolf and Avi
jamming an SMS TCPA class action settlement under the wire at the
last minute. These guys are pro.
Anyhoo per the administration website: If you received text
messages from Zales while you were on the National Do Not Call
Registry, you may be entitled to a payment from a class action
settlement.
Deadline to make a claim is September 27, 2025.
Deadline for opt out/objection is October 27, 2025.
November 17, 2025 at 9:30 a.m. ET final approval hearing. [GN]
Asbestos Litigation
ASBESTOS UPDATE: Asbestos Corp. Advances CCAA Restructuring
-----------------------------------------------------------
Asbestos Corporation Limited announced on Aug. 29, 2025, that it
continues to advance its restructuring efforts under the
Companies'
Creditors Arrangement Act, following the issuance of an initial
order on May 6, 2025 and of an Amended and Restated Initial Order
("ARIO") by the Superior Court of Quebec (Commercial Division) (on
May 15, 2025.
The ARIO provided for:
-- A stay of proceedings against ACL and its insurers until
September 5, 2025, allowing the Company additional time to
implement restructuring measures;
-- Approval of interim financing of US$20 million by certain of
ACL's insurers, of which approximately US$9.5 million (CAD$12.9
million) has been drawn as of June 30, 2025, primarily to cover
professional fees and advisory costs related to the restructuring;
-- Appointment of Raymond Chabot Inc. as court-appointed Monitor.
Since the issuance of the ARIO, ACL has made progress in its
restructuring efforts, including:
-- Appointment of a Chief Restructuring Officer (CRO): Mr. Leslie
Lederer was appointed on June 18, 2025, to support the development
and implementation of the claims process and restructuring
strategy.
-- Resolution of procedural challenges: ACL and its insurers, with
the support of the Monitor, successfully defended a contestation
filed by a group of U.S. litigants to certain provisions of the
ARIO. An application for leave to appeal the dismissal of the
contestation is scheduled to be heard on September 25, 2025.
-- Advancement of U.S. recognition proceedings: On May 6, 2025, the
United States Bankruptcy Court in the Southern District of New
York, at the request of the Monitor as foreign representative of
ACL, issued a temporary restraining order staying the claims
against ACL and its insurers. The Chapter 15 recognition hearing,
which deals with cross-border elements of restructurings, is
scheduled for September 16, 2025. Despite the pending Application
for Leave to Appeal, the hearing is expected to proceed as
planned.
-- Development of a comprehensive claims process: The parties are
actively working to design a comprehensive and efficient claims
process. The Company and its insurers, expect to seek approval of a
claims bar date order in due time after the recognition order in
the Chapter 15 proceedings.
ACL remains committed to conducting the restructuring process in a
transparent and equitable manner.
ASBESTOS UPDATE: General Electric Reports $2.0BB Reserve at June 30
-------------------------------------------------------------------
General Electric Company reserved US$2,018,000,000 related to
environmental remediation, nuclear decommissioning, and worker
exposure claims at June 30, 2025, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2025.
The Company stated: "Our operations involve or have involved the
use, disposal and cleanup of substances regulated under
environmental protection laws, including activities for a variety
of matters related to GE businesses that have been discontinued or
exited. We record reserves for obligations for ongoing and future
environmental remediation activities, such as the Housatonic River
cleanup, and for additional liabilities we expect to incur in
connection with previously remediated sites, such as natural
resource damages for the Hudson River where GE completed dredging
in 2019. Additionally, like many other industrial companies, we and
our subsidiaries are defendants in various lawsuits related to
alleged exposure by workers and others to asbestos or other
hazardous materials. Liabilities for environmental remediation and
worker exposure claims exclude possible insurance recoveries. It is
reasonably possible that our exposure will exceed amounts accrued.
However, due to uncertainties about the status of laws,
regulations, technology and information related to individual sites
and lawsuits, such amounts are not reasonably estimable. Total
reserves related to environmental remediation and worker exposure
claims were US$2,018,000,000 and US$2,003,000,000 at June 30, 2025
and December 31, 2024 respectively."
ASBESTOS UPDATE: GMS Inc. Still Defends Exposure Lawsuits
---------------------------------------------------------
GMS INC., certain of its subsidiaries, have been the subject of
claims related to alleged exposure to asbestos-containing products
they distributed prior to 1979, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission.
The Company states, "The vast majority of these suits that have
been filed against us have been dismissed; however, we continue to
have a number of active asbestos-related personal injury lawsuits
against which we continue to vigorously defend ourselves.
"As a distributor of building materials, we face an inherent risk
of exposure to product liability claims if the use of the products
we have distributed in the past or may in the future distribute is
alleged to have resulted in economic loss, personal injury or
property damage or to have violated environmental, health or safety
or other laws. Such product liability claims have included and may
in the future include allegations of defects in manufacturing,
defects in design, a failure to warn of dangers inherent in the
product, negligence, strict liability or a breach of warranties."
A full-text copy of the Form 10-Q is available at
https://urlcurt.com/u?l=izO6jN
ASBESTOS UPDATE: Standard Motor Has $30.5MM Accrued Liabilities
---------------------------------------------------------------
Standard Motor Products, Inc., in its press release dated August 5,
2025, has reported accrued asbestos liabilities of $30.5 million
and $84.5 million, as of June 2025 and December 2024, respectively,
according to the Company's Form 8-K filing with the U.S. Securities
and Exchange Commission.
A full-text copy of the Form 8-K is available at
https://urlcurt.com/u?l=f8ovh9
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