251201.mbx
C L A S S A C T I O N R E P O R T E R
Monday, December 1, 2025, Vol. 27, No. 239
Headlines
23ANDME INC: Agrees to Settle Data Breach Suit for $50MM
AAA COOPER: Constantine Seeks FLSA Collective Certification
ADAPTHEALTH CORP: Continues to Defend Allegheny County Class Suit
ADAPTHEALTH CORP: Continues to Defend Myers Shareholder Class Suit
AETNA LIFE: Settlement in Prolow Gets Final OK
ALLIANCE LIFTBOATS: Appeals Class Cert. Order in Breaux FLSA Suit
ALO LLC: Faces TCPA Class Action Suit Over Unsolicited SMS
AMERICAN HONDA: Bid to Modify Briefing Schedule Tossed in Shamman
AMERIFORCE ENVIRONMENTAL: Machichi Seeks to Recover Unpaid Overtime
BAXTER INTERNATIONAL: Continues to Defend Electrical Workers Suit
BIOVENTUS INC: Discovery Ongoing in Ciarciello Securities Suit
BRECKENRIDGE PHARMACEUTICALS: Agrees to Settle Duloxetine Suit
BRIGHTSTAR GLOBAL: Morris Balks at Failure to Secure Personal Info
C.A. CARRILLO: Da Silva Seeks to Recover Unpaid Overtime Wages
CAL-MAINE FOODS: Nineteenseventynine Balks at Egg Price-Fixing
CAPITAL ONE: Ferrell Appeals Amended Suit Dismissal to 4th Circuit
CAPRI HOLDINGS: Continues to Defend Federal Securities Class Suit
CAREDX INC: Plumbers Securities Settlement Hearing Set for Dec. 2
CARGILL INC: Sued Over Failure to Compensate All Hours Worked
CELSIUS HOLDINGS: Bid to Dismiss Securities Suit Remains Pending
CELSIUS HOLDINGS: Continues to Defend California Consumer Suit
CINTAS CORPORATION: Collins Wage Suit Removed to E.D. Wash.
COHEN'S FASHION: Fails to Protect Personal Info, Sanchez Says
COLETTE 4 INC: Fails to Pay Proper Wages, Anjos Suit Says
COLUMBIA BANKING: $55-Mil. Settlement Granted Final Approval
CONDUENT BUSINESS: St. John Sues Over Unprotected Personal Info
CONTRA COSTA COUNTY, CA: Agrees to Settle Data Breach Class Suit
COUNTER CULTURE: Murphy Seeks Equal Website Access for the Blind
CRACKER BARREL: Files Writ of Certiorari Petition to Supreme Court
CUSTOM BUILDING: Garcia Labor Class Suit Removed to E.D. Cal.
CUSTOMERS BANCORP: Chun Yao Chang Voluntarily Dismissed
DALLAS COUNTY, TX: Noriega Must File Class Cert Reply by Dec. 11
DELTA FOOD MART: Moumouni Sues Over Failure to Pay Overtime
DENTSPLY SIRONA: Bid to Junk Byte Suit Remains Pending
DENTSPLY SIRONA: Continues to Defend SDNY Securities Suit
DENTSPLY SIRONA: Settlement in EDNY Securities Suit Has Final OK
DEXCOM INC: Oakland County Assoc. Sues Over Share Price Drop
DRIFTER'S KITCHEN: Duran Seeks to Recover Workers' Unpaid Wages
DUKE ENERGY: Continues to Defend Nuclear Compensation Suit
DUKE ENERGY: Filing for Class Cert Bid Due Feb. 27, 2026
DUKE ENERGY: Mooresville Coal Ash Suit Remains Pending
EAGLE FAMILY: Faces Most Suit Over Mislabeled Popcorn Products
EAST JEFFERSON: Booth Privacy Suit Removed to E.D. La.
EAST JEFFERSON: Parnell Data Breach Suit Removed to E.D. La.
EMBER TECHNOLOGIES: Filing of Bid to Dismiss Gutman Suit Due Dec. 1
EMISPHERE TECHNOLOGIES: Shane Appeals Suit Dismissal to 3rd Circuit
ENCORE SENIOR: Filing for Class Cert Bid Due April 10, 2026
EVERCOMMERCE INC: Continues to Defend Delaware Securities Suit
EVERGY INC: Faces Nuclear Antitrust Suit in Maryland
EXICURE INC: "Colwell" Settlement Has Final Court Approval
EXPERIAN INFORMATION: Cross Appeals Keller Suit Order to 4th Cir.
EXPRESS SCRIPTS: Court Strikes Class Action Allegations
FASTLY INC: Continues to Defend Securities Suit in California
FEDERAL SAVINGS: Appeals Class Cert. Order in Anthony TCPA Suit
FEDEX GROUND: Sullivan-Blake Seeks Delivery Drivers' Unpaid OT
FIGS INC: Appeal from Dismissal of Securities Suit Remains Pending
FIRSTKEY HOMES: Must Produce Emails in "Harper" Wage&Hour Suit
FLAGSTAR BANK: Awaits Prelim OK of Settlement in Cyber Breach Suits
FLAGSTAR BANK: Continues to Defend Securities Suit in New York
FOREST RIVER: Court Certifies Class of Montana Owners of RVs
FORTINET INC: Faces Securities Suit in California
FOX FACTORY: Bid to Dismiss Georgia Securities Suit Remains Pending
FUJI HANA: Class Cert Bid Referred to Magistrate Judge
FULTON BANK: Fails to Provide Proper Repossession Notice, Suit Says
GENERAC HOLDINGS: Continues to Defend Consumer Class Suit in Fla.
GENERAC HOLDINGS: Continues to Defend Oakland County Class Suit
GENERAC HOLDINGS: Continues to Defend Walling Securities Class Suit
GENERAC HOLDINGS: Settlement in Consumer Suit for Court Approval
GEO GROUP: Awaits SCOTUS Ruling in Immigration Detainee Suit
GEO GROUP: California Immigration Detainee Suit Remains Stayed
GEO GROUP: Mesa Verde Immigration Detainee Suit Remains Stayed
GOOGLE LLC: Rendon Sues Over Unsolicited Commercial E-Mails Ads
GOTHAM COMEDY: Agrees to Settle Ticket Pricing Suit for $716,389
GRAND CANYON EDUCATION: Ogdon Suit Ongoing in Arizona Court
GRANT MONEY: Appeals Denied Motion to Stay in Revell Class Suit
GREEN 70: Ruiz Seeks Conditional Certification of Collective
HANDI-FOIL CORP: Court Denies Joint Motion to Seal Documents
HERTZ GLOBAL: Continues to Defend Doller Securities Class Suit
HERTZ GLOBAL: Continues to Defend Jiwani Data Breach Class Suit
HONEST COMPANY: Settles Consolidated Securities Suit over IPO
INGHAM COUNTY, MI: Joins Class Action Suit Over Unprotected Data
INNODATA INC: Bid to Dismiss Securities Suit Remains Pending
INNOVATIVE INDUSTRIAL: Continues to Defend Giraudon Securities Suit
INNOVATIVE INDUSTRIAL: Continues to Defend Mallozzi Securities Suit
INTEL CORP: Consumer Suits Remain Pending in US, Canada
INTEL CORP: Continues to Defend Securities Suit in California
INTERNATIONAL FLAVORS: Judge Remains Undecided in Foul Odors Suit
INTERNATIONAL PAPER: Faces Containerboard Antitrust Suit
IREN LIMITED: Bid to Dismiss Securities Suit Remains Pending
JAYUD GLOBAL: Bids for Lead Plaintiff Appointment Due January 20
KEURIG DR PEPPER: Bruno Mislabeling Suit Removed to C.D. Cal.
KRISTI NOEM: Plaintiffs Seek to Certify Class
LANE BRYANT: Smith Class Suit Removed to D. Md.
LATOYA HUGHES: Scheduling & Discovery Order Entered in Watts Suit
LIBERTY MUTUAL: Discovery in Clay Suit Due June 10, 2026
LIBERTY MUTUAL: Turner Seeks to Certify Class Action
LIFEMD INC: Continues to Defend Johnston Shareholder Class Suit
LIVE NATION: Continues to Defend Heckman Antitrust Class Suit
LRW TRAFFIC: Joint Motion for Settlement Approval, Denied in Part
LULULEMON USA: Appeals Denied Arbitration Bid in Berdugo Labor Suit
MARA HOLDINGS: Continues to Defend Langer Securities Class Suit
MARDEN-KANE INC: Class Settlement in Suski Suit Gets Final Nod
MARQETA INC: Settlement Reached in Securities Suit
MARTINEZ REFINING: Continues to Defend Piscitelli Class Suit
MERCURY FINANCIAL: Settlement Class in Bailey Wins Certification
MONARCH HEALTHCARE: Aguirre Appeals Suit Dismissal to 9th Circuit
MP2 ENTERPRISES: Utah Certifies "Brandi-Vanmeter" Class
NATERA INC: Awaits Court OK of Settlement in Calif. Patient Suit
NATERA INC: Continues to Defend Genetic Test Suit in California
NATERA INC: Court Certifies Class in Texas Securities Suit
NATIONAL ASSOCIATION: Agrees to Settle Antitrust Suit for $42MM
NATIONAL AUTOMOTIVE: Bagwa Suit Removed to W.D. Washington
NAVY FEDERAL: Phlaum Appeals Amended Suit Dismissal to 9th Circuit
NCR ATLEOS: Continues to Defend "Hoak"
NCR VOYIX: Continues to Defend Plan Participants' Suit
NCR VOYIX: Guirguis Wage Suit Removed to C.D. Cal.
NEUMORA THERAPEUTICS: Faces Securities Suit in New York
NEW YORK: Mule Appeals Court Order to N.Y. Appellate Division
NEWELL BRANDS INC: Bertoletti Files Suit in N.D. Illinois
NEWS CORP: Awaits Final Court OK of Deal in OPIS Suit
NEWS CORP: HarperCollins Continues to Defend Antitrust Suit
NORDSTROM INC: Osorio Suit Removed to C.D. California
NORLITE LLC: Class Cert Bid in Hill Suit Due Dec. 15
NORTHWEST PIPE: Camarillo Files Suit in Cal. Super. Ct.
NORWOOD FINANCIAL: Continues to Defend MOVEIt Data Breach Suit
NUSCALE POWER: Board Seeks Resolution of Delaware Suit
NUSCALE POWER: Oregon Court Dismisses Securities Suit
OLAPLEX HOLDINGS: Awaits Final OK of Settlement in Securities Suit
ONITY GROUP: Awaits Final Court OK of Settlement in PHH Suit
ONITY GROUP: Notice Process Concludes in "Weiner"
OPEN LENDING: Texas Shareholder Suit Voluntarily Dismissed
OPPFI INC: Continues to Defend Securities Suit in Delaware
ORRSTOWN FINANCIAL: Awaits Final OK of Settlement in "Alleman"
ORRSTOWN FINANCIAL: Wins Partial Dismissal of "Pryde"
PACKAGING CORP: Continues to Defend Suit vs. Producers
PALANTIR TECHNOLOGIES: Continues to Defend Cupat Securities Suit
PARTS AUTHORITY: Class Cert Briefing Sched Set for Jan. 13, 2026
PBF HOLDING: Continues to Defend Cruz Class Suit in California
PBF HOLDING: Continues to Defend Goldstein ESP Explosion Class Suit
PINNACLE DIETARY: Jackson Sues Over Unpaid Minimum, Overtime Wages
PLAINVILLE GAMING: $4.175MM Settlement OK Hearing Set December 17
RAISING CANE'S: Xatruch Class Suit Removed to E.D. Cal.
RELAX & WAX: Perales Seeks to Recover Wax Specialists' Unpaid OT
ROCKET MORTGAGE: Faces Another TCPA Class Action Lawsuit
ROSE PAVING: Trivino Suit Removed to C.D. California
SANDRIDGE EXPLORATION: Class Cert Bid Filing Due Nov. 2, 2026
SHARECARE HEALTH: Walters Class Suit Removed to S.D. Fla.
SMITH COUNTY, TX: $1.5MM Class Settlement in Hughes Gets Initial No
SOLSTICE BENEFITS: Lyngaas Seeks Leave to File Docs Under Seal
SOLSTICE BENEFITS: Lyngaas Suit Seeks to Certify Class
SONDER USA: Fails to Provide Advance Layoff Notice, Hosein Says
SONDER USA: Herring Sues Over Mass Layoff Without Notice
SR AUTOMOTIVE: Villa Sues Over Unpaid Compensation
STATE ESCHEATOR: Schramm Appeals Summary Judgment Order to 3rd Cir.
STUBHUB HOLDINGS: Faces Securities Fraud Class Action Lawsuit
STURGIS HOSPITAL: Minor Sues Over Failure to Secure Personal Info
SUBCONTRACTING CONCEPTS: Misclassifies Delivery Drivers, Suit Says
SUNRUN INC: Class Cert. Bid in Luckau Suit Due Feb. 25, 2027
SUNRUN INC: Filing for Class Cert Bid in Banks Due Sept. 28, 2026
SYSCO SAN FRANCISCO: Joo Files Suit in Cal. Super. Ct.
TAYLOR COUNTY, KY: Abbott Appeals Court Order to Ky. Ct. of Appeals
TECHTRONIC INDUSTRIES: Morgan Files Class Suit in C.D. Cal.
TRON FOUNDATION: Bid to Compel Production of SEC Docs Tossed
TUFF SHED: Green Files Employment Suit in Cal. Super.
TWIST BIOSCIENCE: Continues to Defend Peters Securities Class Suit
ULTA SALON: Mulanena Class Suit Removed to D. Md.
UNITED PARKS & RESORTS: Mouzer Files TCPA Suit in S.D. Florida
UNITED STATES: Agrees to Settle Suit Over Employees' Unpaid Wages
UNITED STATES: Doe Files Suit in U.S. Ct. of Fed. Cl.
UNITED STATES: Must Respond to Class Cert Bid by Dec. 1
UNIVERSITY OF PENNSYLVANIA: Fails to Secure Private Info, Suit Says
UNIVERSITY OF PENNSYLVANIA: Ransom Sues Over Data Security Incident
UNIVERSITY OF PENNSYLVANIA: Sarmiento Sues Over Unprotected Info
WERNER ENTERPRISES: Hike Files Suit in Cal. Super. Ct.
WINCO FOODS: Haskins Class Suit Removed to W.D. Wash.
WINN WINN: Leonard Must Make Settlement Demand by June 15, 2026
XLPR INFRASTRUCTURE: Continues to Defend Federal Securities Suit
ZYNEX INC: Continues to Defend Heid Class Suit in California
*********
23ANDME INC: Agrees to Settle Data Breach Suit for $50MM
--------------------------------------------------------
Danielle Toth of ClaimDepot reports that Individuals who were
customers of 23andMe between May 1, 2023, and Oct. 1, 2023, and
received a notice stating a data breach may have compromised their
personal information could be eligible to claim up to $10,265 from
a class action settlement.
23andMe Inc., now known as Chrome Holding Co. and ChromeCo Inc.,
agreed to pay up to $50 million to settle a class action lawsuit
alleging the company failed to adequately protect customer data,
resulting in a cyberattack that exposed the personal and genetic
information of approximately 6.4 million U.S. residents.
Who can file a claim?
Individuals must meet all of the following criteria:
-- They were a customer of 23andMe at any time between May 1,
2023, and Oct. 1, 2023.
-- They lived in the United States during that period.
-- They received a notice from 23andMe stating the October 2023
data breach compromised their personal information.
There are additional subcategories within the class:
-- Statutory subclass members: Individuals who resided in
California, Illinois, Oregon or Alaska during the breach period and
received notice that the breach compromised their information.
-- Health information claimants: Individuals who received notice
that the breach compromised their health information, such as raw
genotype data, health reports or self-reported health condition
information.
How much can class members get?
The settlement provides several types of awards, depending on the
claimant's circumstances:
-- Extraordinary claims: Up to $10,000 for documented,
unreimbursed costs directly resulting from the breach, such as
identity fraud, tax fraud, security system purchases or mental
health treatment. The total cap for these claims is $8.3 million.
-- Health information claims: Up to $165 for those whose health
information the threat actors accessed. The total cap for these
claims is $1.25 million.
-- Statutory cash claims: An estimated $100 for residents of
Alaska, California, Illinois or Oregon affected by the breach. The
final amount may be higher or lower depending on the number of
valid claims and the remaining funds.
-- Privacy and medical shield plus genetic monitoring: Five years
of comprehensive monitoring services (estimated retail value $1,875
per person) for all class members who enroll.
How to claim a settlement payment
Eligible class members must submit a claim form to receive
compensation. There are two ways to file:
-- File a claim online
-- Download, print and mail the PDF claim form to the settlement
administrator
Settlement administrator's mailing address: 23andMe c/o Kroll
Settlement Administration LLC, PO Box 22539, New York, NY
10150-5391
What proof or documentation is required to submit a claim?
-- To file a claim, class members must provide the class member ID
located on their settlement notice.
-- For extraordinary claims, class members must provide
documentation, such as credit card statements, bank statements,
receipts, invoices or other records showing unreimbursed losses
directly related to the breach.
-- For statutory cash claims and health information claims, class
members must attest to their residency and/or receipt of a notice
from 23andMe and provide the relevant address or payment
information.
-- Class members who wish to pre-enroll in the privacy, medical
shield and genetic monitoring service should indicate this on the
claim form. Even if a class member does not pre-enroll, they can
still enroll at any time during the five-year service period.
Payout options
-- Electronic payment (online claims only)
-- Paper check (mailed claims)
$50 million settlement fund breakdown
The $50,000,000 settlement fund includes:
-- Settlement administration costs: $918,000 (estimated)
-- Attorneys' fees: $12,500,000
-- Attorneys' expenses: Up to $500,000
-- Service awards to class representatives: Up to $1,000 each
($34,000 total)
-- Extraordinary claims: Up to $8,300,000
-- Health information claims: Up to $1,250,000
-- Statutory cash claims: Remaining funds after all other claims
are paid
-- Privacy, medical shield and genetic monitoring: Estimated
retail value $1,875 per person
Important dates
-- Deadline to opt out: Dec. 29, 2025
-- Final approval hearing: Jan. 20, 2026
-- Deadline to file a claim: Feb. 17, 2026
When is the 23andMe data breach settlement payout date?
The settlement administrator will distribute payments and benefits
after the court grants final approval, resolves the bankruptcy
reconciliation process and concludes any appeals.
Why did this class action settlement happen?
The class action lawsuit alleged a cyberattack in October 2023
exposed the personal and genetic information of about 6.4 million
U.S. 23andMe customers. The plaintiffs claimed 23andMe failed to
adequately protect customer data, leading to the breach.
The company denied wrongdoing but agreed to settle to avoid the
risk and cost of further litigation and provide compensation and
monitoring services to affected customers. The parties reached the
settlement after 23andMe filed for bankruptcy and sold its assets.
The new entity Chrome Holding Co. assumed the obligations.
Settlement Open for Claims
Award: Up to $10,265
Deadline: February 17, 2026 [GN]
AAA COOPER: Constantine Seeks FLSA Collective Certification
-----------------------------------------------------------
In the class action lawsuit captioned as ALEXANDER CONSTANTINE, on
behalf of himself and those similarly situated, v. AAA COOPER
TRANSPORTATION, an Alabama Corporation, Case No. 3:24-cv-02925-K
(N.D. Tex.), the Plaintiff asks the Court to enter an order
certifying a collective action for:
"All Hostlers employed by the Defendant in the state of
Texas at any time from Sept. 24, 2022 to present, who were
classified as exempt under the FLSA under the Motor Carrier
Exemption."
To facilitate the purpose of the collective action provisions,
Plaintiff requests that the Court grant this Motion, enter the
Proposed Order attached as Exhibit 13 to the Brief, and grant the
following relief to Plaintiff:
(1) Certify a collective action and permit notice to issue;
(2) Order the Defendant to produce to the Plaintiff's counsel
within 14 days of the granting of this Motion, in a
computer-readable format, the contact information (including
the names, addresses, telephone numbers, e-mail addresses,
and dates of employment with corresponding locations of
employment) for each Putative Collective Member;
(3) Approve the form and content of the Plaintiff's proposed
judicial notice;
(4) Order that judicially-approved notice be sent to all
Putative Collective Members via First Class Mail, e-mail,
and text-message, and allow the hiring of a third-party
administration company, for use at Plaintiff's discretion;
(5) Authorize the Putative Collective Members to execute their
consent forms electronically;
(6) Authorize a 60-day notice period for the Putative Collective
Members to join the case;
(7) Authorize a 30-day reminder notice; and
(8) Require the production of the last four digits of any
Putative Collective Members' social security number whose
notice comes back as undeliverable.
The Plaintiff has affirmatively demonstrated that he and the
Putative Collective Members are similarly situated.
AAA is an American, non-union less than truckload freight carrier.
A copy of the Plaintiff's motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=jJqUBi at no extra
charge.[CC]
The Plaintiff is represented by:
C. Ryan Morgan, Esq.
Andrew Frisch, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave, 15th Floor
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 245-3401
E-mail: RMorgan@forthepeople.com
AFrisch@forthepeople.com
- and -
Matthew R. McCarley, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
Facsimile: (469) 399-1070
E-mail: mccarley@foresterhaynie.com
ADAPTHEALTH CORP: Continues to Defend Allegheny County Class Suit
-----------------------------------------------------------------
AdaptHealth Corp. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Allegheny County class
suit in the United States District Court for the Eastern District
of Pennsylvania.
On October 24, 2023, Allegheny County Employees' Retirement System,
a purported shareholder of the Company, filed a purported class
action complaint against the Company and certain of its current and
former officers, and certain underwriters in the United States
District Court for the Eastern District of Pennsylvania. On January
23, 2024, the court entered an order appointing Allegheny County
Employees' Retirement System, International Union of Operating
Engineers, Local No. 793, Members Pension Benefit Trust of Ontario,
and City of Tallahassee Pension Plan as Lead Plaintiffs (the
"Allegheny Lead Plaintiffs"). On May 14, 2024, Allegheny Lead
Plaintiffs filed a consolidated complaint against the Company and
certain of its current and former officers and directors, and
certain underwriters, on behalf of shareholders that purchased or
otherwise acquired the Company's stock between August 4, 2020 and
November 7, 2023 (as to the complaint the "Allegheny County
Consolidated Complaint"; as to the action, the "Allegheny County
Consolidated Class Action"). The Allegheny County Consolidated
Complaint alleges, among other things, that the defendants violated
federal securities laws by making allegedly false and misleading
statements and/or failing to disclose material information
regarding (i) the Company's billing practices with respect to its
diabetes product category, and (ii) the Company's compliance
programs and integration with respect to acquired companies. The
Allegheny County Consolidated Complaint seeks unspecified damages.
On July 23, 2024, the defendants filed a motion to dismiss the
Allegheny County Consolidated Complaint. The Allegheny Lead
Plaintiffs filed their opposition brief on October 1, 2024, and
defendants filed their reply brief on November 15, 2024. On May 28,
2025, the parties jointly filed a letter requesting that the Court
hold the motion to dismiss in abeyance pending the outcome of a
private mediation between the parties. On October 8, 2025, the
parties attended a private mediation. On October 24, 2025, after
subsequent settlement discussions, the parties jointly filed a
letter informing the Court that the parties had reached an
agreement in principle to settle the litigation and requesting
until November 24, 2025 to negotiate the formal settlement
agreement and file a preliminary approval motion.
The settlement is expected to consist of a cash payment by the
Company which will primarily be funded by the Company's insurance
carriers, and is subject to preliminary and final Court approval
and other customary closing conditions. There can be no assurance
that the settlement will be finalized and approved and, even if
approved, whether the conditions to closing will be satisfied, and
the actual outcome of this matter may differ materially from the
terms of the settlement described herein.
AdaptHealth Corp. and subsidiaries provides home medical equipment,
medical supplies and related services.
ADAPTHEALTH CORP: Continues to Defend Myers Shareholder Class Suit
------------------------------------------------------------------
AdaptHealth Corp. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Myers shareholder class
suit in the Court of Chancery of the State of Delaware.
On June 24, 2025, a putative shareholder of the Company, Blake T.
Myers, filed against the Company a complaint in the Court of
Chancery of the State of Delaware seeking to compel an inspection
of books and records under 8 Del. C. § 220 ("Section 220") (as to
the complaint, the "Myers Section 220 Complaint"; as to the action,
the "Myers Section 220 Action"). The Myers Section 220 Complaint
asserts the putative shareholder's right to inspect certain
corporate books and records relevant to the issues in the Allegheny
County Consolidated Class Action for the purported purposes of (i)
investigating potential wrongdoing by the current and/or former
members of the Board and the Company's current and/or former
executive officers, (ii) supporting appropriate action in the event
current and/or former directors or executive officers did not
properly discharge their fiduciary duties, and (iii) evaluating
whether members of the current Board have a conflict of interest
such that making a demand upon the Board to bring a derivative
action on behalf of the Company would be futile.
On July 1, 2025, the parties to the Myers Section 220 Action met
and conferred regarding a mutually agreeable resolution to obviate
the need for litigation and agreed that a thirty-day window to
continue negotiations was appropriate. On July 2, 2025, putative
shareholder Myers filed a letter to the Court requesting upcoming
deadlines to be extended through August 1, 2025. The Court granted
the requested extension on July 8, 2025. On July 31, 2025, Myers
filed a letter to the Court requesting upcoming deadlines be
extended through August 31, 2025, which the Court granted on August
5, 2025. On September 3, 2025, Myers filed a letter to the Court
requesting upcoming deadlines be extended through October 3, 2025.
On September 26, 2025, the Company completed its production to
Myers. On October 3, 2025, Myers filed a letter to the Court
requesting additional time for the parties to confer about the
Company's production and offering to provide a subsequent update to
the Court on November 3, 2025. On October 6, 2025, the Court stayed
the action pending any further requests of the parties. On November
3, 2025, Myers filed a letter informing the Court that the parties
are continuing to confer and offering to provide a subsequent
update to the Court on December 3, 2025.
Should the Court lift the stay, the Company intends to vigorously
defend itself in this action, and there can be no assurance that
the defense will be successful.
AdaptHealth Corp. and subsidiaries provides home medical equipment,
medical supplies and related services.
AETNA LIFE: Settlement in Prolow Gets Final OK
----------------------------------------------
In the class action lawsuit captioned as SHARON PROLOW and MARK
LEMMERMAN, on behalf of themselves and all others similarly
situated, V. AETNA LIFE INSURANCE COMPANY, Case No.
9:20-cv-80545-KAM (S.D. Fla.), the Hon. Judge Marra entered a final
order approving class settlement and certifying settlement class:
"All members, participants, and beneficiaries of ERISA-
governed employee welfare benefit plans administered and/or
insured by ALIC, diagnosed with Prostate Cancer (specific
ICD-10 codes as identified in the Settlement Agreement) where
(a) the individual was diagnosed with localized prostate
cancer, and (b) with respect to proton beam therapy ("PET")
precertification requests submitted after Oct. 9, 2020, had
an intact prostate, and (c) received a denial from Jan. 1,
2015, to March 31, 2024, and (d) such denial cites
"experimental," "investigational," "unproven" "superior,"
"superiority," and/or "more effective" as the basis for the
denial of the requested PET delivery code, unless such terms
were expressly included in the definition of "medical
necessity"/"medically necessary" set forth in the applicable
member's Plan Document/Benefits Booklet, who:
(1) (a) Had a PET precertification request submitted prior to
the date of service (unless precertification was not required
by the applicable Plan Document/Benefits Booklet), and (b)
subsequently received PET for the same diagnosis code with no
allowed post-service PET benefit claim(s), and (c) a denied
post-service claim for the delivery of PET for the same
diagnosis code, and (d) had no allowed claims related to the
same diagnosis code for an alternative recognized medical
treatment (specific Current Procedural Terminology ("CPT")
codes as identified in the Settlement Agreement) not
including claims related to treatment plans that include PBT
in combination with another modality (e.g., concurrent
chemotherapy radiation),
or
(2) (a) Had an approved PBT precertification request, that
was submitted prior to the date of service, and (b)
subsequently received PBT for the same diagnosis code with no
allowed post-service PBT benefit claim(s), and (c) a denied
post-service claim for the delivery of PBT for the same
diagnosis code, and (d) had no allowed claims related to the
same diagnosis code for an alternative recognized medical
treatment (specific CPT codes as identified in the Settlement
Agreement) not including claims related to treatment plans
that include PBT in combination with another modality (e.g.,
concurrent chemotherapy radiation)."
Excluded from the Settlement Class are: (1) individuals who
received coverage for PBT or for an alternative recognized
medical treatment from another carrier; (2) individuals who
received a final pre-certification or post-service claim
denial for an administrative reason (i.e., member not covered
under an insured or administered Aetna health benefit plan);
and (3) the undersigned and the undersigned's immediate
family.
The Court also entered an order:
-- appointing the Plaintiff Mark Lemmerman as class
representative for the Settlement Class.
-- appointing Stephanie A. Casey of Colson Hicks Edison
and Maria D. Garcia and Robert J. Neary of Kozyak, Tropin &
Throckmorton LLP as Class Counsel for the Settlement Class.
Aetna offers a variety of health insurance plans.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bpTPwc at no extra
charge.[CC]
ALLIANCE LIFTBOATS: Appeals Class Cert. Order in Breaux FLSA Suit
-----------------------------------------------------------------
ALLIANCE LIFTBOATS, LLC is taking an appeal from a court order
granting the Plaintiff's motion to certify class in the lawsuit
entitled Patrick Breaux, individually and on behalf of all others
similarly situated, Plaintiff v. Alliance Liftboats, LLC, et al.,
Defendants, Case No. 2:24-cv-1000, in the U.S. District Court for
the Eastern District of Louisiana.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for unpaid overtime wages and other
damages pursuant to the Fair Labor Standards Act.
On May 19, 2025, the Plaintiff filed a motion to certify class,
which Judge Susie Morgan granted on Oct. 6, 2025.
The Court finds the proposed collective meets 29 U.S.C. Section
216(b)'s similarly situated standard. First, the proposed
collective is subject to the Defendant's policy of classifying its
liftboat employees as FLSA-exempt seaman. Second, the common
question of whether the employees are FLSA-exempt seaman may be
answered on a class-wide basis. Third, the individualized defenses
available to Defendant affect only a subset of the proposed
collective and do not prevent the Court, or the jury, from deciding
this matter with respect to the entire collective. Fourth,
certification of a collective action does not present
unmanageability concerns, and will allow for lower costs through
aggregation and consolidation of similar claims. Finally,
certification will promote judicial economy by avoiding duplicative
trials.
The appellate case is entitled Breaux v. Alliance Liftboats, Case
No. 25-30648, in the United States Court of Appeals for the Fifth
Circuit, filed on November 7, 2025. [BN]
Plaintiff-Appellee PATRICK BREAUX, individually and on behalf of
all others similarly situated, is represented by:
Harry E. Morse, Esq.
BOHMAN MORSE, L.L.C.
400 Poydras Street
New Orleans, LA 70130
Telephone: (504) 930-4030
- and -
Cayce Peterson, Esq.
JJC Law, L.L.C.
111 Veterans Memorial Blvd.
Heritage Plaza
Metairie, LA 70005
Telephone: (504) 513-8820
Defendant-Appellant ALLIANCE LIFTBOATS, LLC, et al. are represented
by:
David Matthew Korn, Esq.
Stephanie Michelle Poucher, Esq.
PHELPS DUNBAR, LLP
365 Canal Street
1 Canal Place
New Orleans, LA 70130
Telephone: (504) 584-9374
(504) 566-1311
ALO LLC: Faces TCPA Class Action Suit Over Unsolicited SMS
----------------------------------------------------------
Top Class Actions reports that plaintiff Bridget Botto filed a
class action lawsuit against Alo LLC.
Why: Botto claims Alo Yoga sent unsolicited text messages to
consumers in violation of the Telephone Consumer Protection Act
(TCPA).
Where: The class action lawsuit was filed in California federal
court.
A new class action lawsuit accuses Alo Yoga of sending unsolicited
text messages to consumers in violation of the Telephone Consumer
Protection Act.
Plaintiff Bridget Botto filed the class action complaint against
Alo on Oct. 31 in California federal court, alleging violations of
federal law.
The TCPA was enacted to protect consumers from unwanted
telemarketing calls and messages, Botto argues.
The law allows individuals to recover penalties for receiving more
than one unsolicited call or text message after requesting to be
placed on a company's do-not-call list or after registering their
number on the National Do Not Call Registry, she says.
Botto claims she received multiple unsolicited text messages from
Alo Yoga despite having opted out of receiving such
communications.
She alleges that she initially received an unsolicited text message
from Alo Yoga on June 25, 2025, and subsequently requested to opt
out by replying with the instruction to stop. However, she claims
Alo Yoga ignored her request and continued to send her marketing
text messages on at least two other occasions in July.
Alo Yoga 'failed' to honor opt-out requests, lawsuit claims
The class action lawsuit alleges Alo Yoga failed to honor Botto's
opt-out requests, demonstrating that it did not have proper
procedures in place for maintaining a do-not-call list and training
its personnel on its use.
It further claims Alo Yoga's actions violated the TCPA, which
requires companies to have written policies and procedures for
handling opt-out requests and to train their personnel
accordingly.
Botto seeks to represent anyone in the United States who received
two or more text messages from Alo Yoga within a 12-month period
after opting out or while their number was registered on the
National Do Not Call Registry.
She demands a jury trial and requesting statutory damages of $500
to $1,500 per violation as well as injunctive relief to prevent Alo
Yoga from continuing its alleged unlawful practices.
Earlier this year, a North Dakota consumer filed a class action
lawsuit against Kohl's, claiming the department store violated
state and federal laws by repeatedly making unauthorized robocalls
to him and other consumers.
The plaintiff is represented by Gerald D. Lane Jr. of The Law
Offices of Jibrael S. Hindi.
The Alo Yoga class action lawsuit is Botto v. Alo LLC, Case No.
2:25-cv-10478, in the U.S. District Court for the Central District
of California. [GN]
AMERICAN HONDA: Bid to Modify Briefing Schedule Tossed in Shamman
-----------------------------------------------------------------
In the class action lawsuit captioned as Shammam v. American Honda
Finance Corporation, Case No. 3:24-cv-00648 (S.D. Cal., Filed April
5, 2024), the Hon. Judge Marilyn L. Huff entered an order denying
the Defendant's motion to modify briefing schedule for Defendant's
Daubert motion.
In short, the Defendant seeks an extension based on circumstances
that do not exist and may never come to pass.
The Scheduling Order, dated October 3, 2025, remains in effect.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
American Honda is a wholly owned subsidiary of American Honda Motor
Co., Inc., the sole authorized distributor of Honda and Acura
motor.
The Defendant provides financial services.[CC]
AMERIFORCE ENVIRONMENTAL: Machichi Seeks to Recover Unpaid Overtime
-------------------------------------------------------------------
MIGUEL MACHICHI, Plaintiff v. AMERIFORCE ENVIRONMENTAL, INC. and
ANTONY FARIAS RODRIGUEZ, ALFREDO ROCHIN, and ARTURO FELIX
individually, Defendants, Case No. 1:25-cv-03594 (D. Colo.,
November 10, 2025) is a class action brought by the Plaintiff, on
behalf of himself and others similarly situated for Defendants'
violation of the Fair Labor Standards Act and the Colorado Minimum
Wages of Workers Act.
According to the complaint, the Plaintiff and those similarly
situated are currently or were formerly employed by Defendants and
were not paid overtime in compliance with the law. Specifically,
the Defendants failed to pay their hourly employees overtime wages
at one- and one-half times their hourly rate for hours worked
beyond 40 each workweek.
The Plaintiff worked for the Defendants from March 5, 2024 until
June 20, 2025 as a construction laborer, performing demolition,
asbestos removal, and other general construction duties.
Ameriforce Environmental, Inc. is an asbestos testing service in
Wheat Ridge, Colorado.[BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, Suite 600
New York, New York 10007
BAXTER INTERNATIONAL: Continues to Defend Electrical Workers Suit
-----------------------------------------------------------------
Baxter International Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Electrical Workers
Pension Fund class suit in the United States District Court for the
Northern District of Illinois.
On October 16, 2025, the Company and certain of its current and
former officers and employees were named in a class action
complaint captioned Electrical Workers Pension Fund, Local 103,
I.B.E.W. v. Baxter International Inc. et al. that was filed in the
United States District Court for the Northern District of Illinois.
The plaintiff, which allegedly purchased or otherwise acquired
shares of its common stock during the specified class period, filed
this putative class action on behalf of itself and those who
purchased or otherwise acquired Baxter common stock between
February 23, 2022 and July 30, 2025.
The plaintiff alleges that the Company and certain former and
current officers and employees violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder by making allegedly false and misleading statements and
failing to disclose material facts relating to Novum LVP.
Baxter International Inc. is a healthcare company based in
Illinois.
BIOVENTUS INC: Discovery Ongoing in Ciarciello Securities Suit
--------------------------------------------------------------
Bioventus Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 27, 2025 filed with the Securities and
Exchange Commission on November 4, 2025, that discovery is ongoing
in the Ciarciello securities class suit in the United States
District Court for the Middle District of North Carolina.
On January 12, 2023, the Company and certain of its current and
former directors and officers were named as defendants in a
putative class action lawsuit filed in the Middle District of North
Carolina, Ciarciello v. Bioventus Inc., No. 1:23– CV –
00032-CCE-JEP (M.D.N.C. 2023). The complaint asserted violations of
Sections 10(b) and 20(a) of the Exchange Act and of Sections 11 and
15 of the Securities Act and generally alleges that the Company
failed to disclose certain information regarding rebate practices,
its business and financial prospects, and the sufficiency of
internal controls regarding financial reporting. The complaint
seeks damages in an unspecified amount.
On April 12, 2023, the Court appointed Wayne County Employees'
Retirement System as lead plaintiff. The plaintiff's amended
consolidated complaint was filed with the Court on June 12, 2023.
On July 17, 2023, the defendants filed a motion to dismiss the
complaint raising a number of legal and factual deficiencies with
the amended consolidated complaint.
In response to the defendants' motion to dismiss, the lead
plaintiff filed a second amended complaint on July 31, 2023. The
defendants moved to dismiss the second amended complaint on August
21, 2023, which the Court granted in part and denied in part on
November 6, 2023.
The Court dismissed the plaintiff's Securities Act claims, but
allowed the plaintiff's Exchange Act claims to proceed into
discovery.
Bioventus Inc. functions as a holding company with no direct
operations, material assets or liabilities other than the equity
interest in BV LLC, a limited liability company that operates as a
partnership.
BRECKENRIDGE PHARMACEUTICALS: Agrees to Settle Duloxetine Suit
--------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Breckenridge
Pharmaceuticals has agreed to a class action settlement to resolve
a lawsuit that alleged the company made and distributed anxiety and
depression treatment duloxetine, the generic version of brand-name
Cymbalta, that contained an impurity that can supposedly cause
cancer under certain circumstances.
The generic Cymbalta class action settlement received preliminary
approval from the court on May 22, 2025. The deal covers all
natural persons in the United States who bought Breckenridge
duloxetine for personal or household use between August 4, 2020 and
May 22, 2025. Court documents state that, while the exact number of
class members is unknown, approximately four million individuals
are covered by the generic Cymbalta settlement.
The court-approved Breckenridge Pharmaceutical settlement website
can be found at BoyerSettlement.com.
The Breckenridge Pharmaceutical class action settlement offers cash
payments in three tiers: Non-Recall Tier, Recall Tier, and Recall
Plus Tier. Class members cannot submit claims for more than one
tier, the settlement website says.
The Non-Recall Tier offers a single $5.00 cash payment to class
members who bought three prescriptions of Breckenridge duloxetine
and submit a valid, timely claim form and proof of purchase. Proof
of purchase can be provided by presenting an original receipt for
the purchase of Breckenridge duloxetine between August 20, 2024,
and May 22, 2025.
The Recall Tier offers a single cash payment of $7.50 for class
members who bought three prescriptions of Breckenridge duloxetine
and submit a valid, timely claim form and provide proof that the
purchased duloxetine prescription was subject to a product recall.
Proof for the Recall Tier includes documentation from the pharmacy
where the Breckenridge duloxetine was purchased, indicating the
duloxetine purchased was subject to a recall. Documentation showing
the name and address of the pharmacy from which the class member
purchased duloxetine, and documentation from the pharmacy showing
the expiration date and National Drug Code (NDC) included in the
recall, can also be used as proof, per the settlement agreement.
The Recall-Plus Tier offers a $10.00 cash payment per prescription
and covers class members who bought three Breckenridge duloxetine
prescriptions and submit a valid, timely claim form with proof
showing that they purchased and were unable to use the medicine due
to a product recall. To prove an inability to use purchased
Breckenridge duloxetine, class members should provide documentation
of proof of purchase, proof that the duloxetine was subject to a
product recall, and proof of return of unused Breckenridge
duloxetine due to a product recall, court documents explain.
Generic Cymbalta settlement class members who wish to submit a
claim form online can do so on this page.
All duloxetine settlement claim forms must be submitted online or
postmarked by December 27, 2025.
Per court documents, the final approval hearing for this class
action settlement was held on September 23, 2025. Compensation will
begin to be distributed to class members only after any appeals are
resolved.
Settlement class members who purchased Breckenridge duloxetine
after May 22, 2025 may be eligible to participate in a future
refund program, settlement documents continue. Information about
the Breckenridge Future Refund Program, which will remain in effect
until January 1, 2028, can be found at
BreckenridgeFutureRefundProgram.com.
Duloxetine is a generic version of the brand-name medication
Cymbalta, which is used to help control anxiety and depression and
a host of other health conditions. According to settlement
documents, n-nitroso-duloxetine (NDLX) is a chemical impurity
classified as a nitrosamine, part of a family of substances that
allegedly increase the risk of certain cancers, that was found in
Breckenridge’s duloxetine.
Breckenridge duloxetine allegedly contained NDLX over the
acceptable intake amount, and the plaintiff argued the duloxetine
purchased by class members was thus contaminated, dangerous, and
worthless.
In 2024, Breckenridge recalled hundreds of thousands of bottles of
its duloxetine, suggesting that "all Breckenridge duloxetine may
have been contaminated," court documents note. [GN]
BRIGHTSTAR GLOBAL: Morris Balks at Failure to Secure Personal Info
------------------------------------------------------------------
BENJAMIN MORRIS individually and on behalf of all others similarly
situated, Plaintiff v. BRIGHTSTAR GLOBAL SOLUTIONS CORPORATION,
Defendant, Case No. 1:25-cv-00523-MSM-PAS (D.R.I., October 13,
2025) arises out of Defendant Brightstar's failure to properly
secure, safeguard, encrypt, and/or timely and adequately destroy
Plaintiff's and Class members' sensitive personal identifiable
information that it had acquired and stored for its business
purposes.
According to a "Notice of Data Breach: posted on the Maine Attorney
General's website, a data breach occurred in Brightstar's network
on or about November 17, 2024, and was disclosed on or about
October 3, 2025.
Due to Defendant's data security failures which resulted in the
Data Breach, cybercriminals were able to target Defendant's
computer systems and exfiltrate Plaintiff's and Class Members'
highly sensitive and personally identifiable information and
protected health information. The data breach was a direct result
of Defendant's failure to implement adequate and reasonable
cybersecurity procedures and protocols necessary to protect
Plaintiff's and Class Members' private information with which it
was entrusted for either treatment or employment or both, says the
suit.
Through this complaint, the Plaintiff seeks to remedy these harms
on behalf of himself and all other similarly situated individuals
whose private information was accessed during the data breach.
Brightstar Global Solutions Corporation is an IT services and
consulting firm.[BN]
The Plaintiff is represented by:
Peter N. Wasylyk, Esq.
LAW OFFICES OF PETER N. WASYLYK
1307 Chalkstone Avenue
Providence, RI 02908
Telephone: (401) 831-7730
Facsimile: (401) 861-6064
E-mail: pnwlaw@aol.com
- and -
Marc H. Edelson, Esq.
Liberato P. Verderame, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: medelson@edelson-law.com
lverderame@edelson-law.com
C.A. CARRILLO: Da Silva Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Daniel Da Silva and Ryan Santos, individually and on behalf of all
others similarly situated, Plaintiffs v. C.A. Carrillo Electrician
Corp, and Candido A. Carrillo Machuca, Defendants, Case No.
2581CV02805 (Mass. Super, Middlesex Cty., November 10, 2025)
alleges that Defendants have violated Massachusetts General Laws,
by failing to pay Plaintiffs and their coworkers time and one half
their regular rate for all hours worked over 40 on a weekly basis.
Plaintiffs Da Silva and Santos were employed by the Defendants as
electrical assistants/apprentices from approximately late June 2025
to the end of October 2025, and from approximately May 2025 to
October 2025, respectively.
C.A. Carrillo Electrician Corp. s an electrical services company
with a principal place of business located in Ayer,
Massachusetts.[BN]
The Plaintiffs are represented by:
Adam J. Shafran, Esq.
RUDOLPH FRIEDMANN LLP
92 State Street
Boston, MA 02109
Telephone: (617) 723-7700
Facsimile: (617) 227-0313
E-mail: ashafran@rflawyers.com
CAL-MAINE FOODS: Nineteenseventynine Balks at Egg Price-Fixing
--------------------------------------------------------------
Nineteenseventynine LLC d/b/a The Breakfast Joynt, individually and
on behalf of all others similarly situated, Plaintiff v. Cal-Maine
Foods, Inc., Rose Acre Farms, Inc., Versova Holdings, LLC,
Hillandale Farms of Pa., Inc., Hillandale-Gettysburg, LLC.,
Hillandale Farms East, Inc., and Hillandale Farms, Inc, Daybreak
Foods, Inc., Urner Barry Publications, Inc. d/b/a Expana, Egg
Clearinghouse, Inc., United Egg Producers, and John Does 1-10,
Defendants, Case No. 1:25-cv-02301-RLY-MJD (S.D. Ind., November 10,
2025) seeks to recover treble damages, injunctive relief, and any
other relief as appropriate, based on Defendants' violations of the
Sherman Act and various state antitrust and consumer protection
laws.
According to the complaint, the Defendants have conspired to fix,
raise, maintain, or stabilize prices for conventional fresh shell
eggs from at least January 1, 2022, until Defendants' unlawful
conduct and its anticompetitive effects ceases.
Defendant and publisher Urner Barry collects, analyzes, and
disseminates current information to its food industry customers in
the egg, poultry, meat, seafood, plant protein, and related
segments. Urner Barry provides actionable, competitive information
related to the egg market to the Egg Producer Defendants and other
egg producers. The complaint asserts that the Egg Producer
Defendants reported inflated assessments of egg prices to Urner
Barry. Urner Barry then published price quotes using the
information provided by its subscribers, including the Egg Producer
Defendants. It also used transaction prices from Defendant ECI's
private online spot market for egg trading.
The egg prices dropped after March 2025, only when Defendants'
alleged misconduct became public through the revelation of the
Department of Justice's investigation of the industry for price
fixing, with Cal-Maine, Rose Acre, and Urner Barry reportedly among
those under scrutiny, says the suit.
Plaintiff Nineteenseventynine LLC, d/b/a The Breakfast Joynt, an
Arizona limited liability company, purchased Conventional Shell
Eggs in Arizona indirectly from one or more Defendants for its own
business use in commercial food preparation during the Class
period.
Cal-Maine Foods, Inc. is the largest producer of eggs in the United
States.[BN]
The Plaintiff is represented by:
Tyler Ewigleben, Esq.
JENNINGS & EARLEY PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
Telephone: (601) 270-0197
E-mail: tyler@jefirm.com
- and -
David M. Cialkowski, Esq.
Ian F. McFarland, Esq.
Zachary J. Freese, Esq.
Giselle M. Webber, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 S. 8th St.
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: david.cialkowski@zimmreed.com
ian.mcfarland@zimmreed.com
zachary.freese@zimmreed.com
giselle.webber@zimmreed.com
- and -
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two City Place Drive, Second Floor
St. Louis, MO 63141
Telephone: (314) 226-1015
E-mail: mflannery@cuneolaw.com
- and -
Evelyn Riley, Esq.
Daniel Cohen, Esq.
Cody McCracken, Esq.
CUNEO GILBERT & LADUCA, LLP
2445 M St. NW Suite 740
Washington, DC 20037
Telephone: (202) 789-3960
Facsimile: (202) 789-1813
E-mail: evelyn@cuneolaw.com
danielc@cuneolaw.com
cmccracken@cuneolaw.com
- and -
John "Don" Barrett, Esq.
Katherine Barrett Riley, Esq.
Sterling Aldridge, Esq.
BARRETT LAW GROUP, P.A.
404 Court Square
Lexington, MS 39095
Telephone: (662) 834-2488
Facsimile: (662) 834-2628
E-mail: dbarrett@barrettlawgroup.com
kbriley@barrettlawgroup.com
saldridge@barrettlawgroup.com
CAPITAL ONE: Ferrell Appeals Amended Suit Dismissal to 4th Circuit
------------------------------------------------------------------
RANDY FERRELL, et al. are taking an appeal from a court order
dismissing his lawsuit entitled Randy Ferrell, et al., individually
and on behalf of all others similarly situated, Plaintiffs v.
Capital One NA, et al., Defendants, Case No. 1:25-cv-00091-LMB-WEF,
in the U.S. District Court for the Eastern District of Virginia.
This action is brought by Plaintiff Randy Ferrell, individually and
on behalf of a class of similarly situated holders of Capital One
banking accounts. The Plaintiff seeks damages and injunctive relief
based upon the unlawful conduct of Capital One in denying such
account holders the ability to obtain funds in their accounts and
in misappropriating funds held in the Capital One accounts.
On Apr. 30, 2025, the Plaintiffs filed an amended consolidated
complaint, which Capital One moved to dismiss on May 21, 2025.
On June 24, 2025, Judge Leonie M. Brinkema entered an Order
granting the motion to dismiss.
On Aug. 1, 2025, the Plaintiffs filed a second amended consolidated
class action complaint, which Capital One moved to dismiss on Aug.
22, 2025.
On Oct. 3, 2025, Judge Brinkema entered an Order granting the
motion to dismiss the second amended consolidated complaint. The
case is dismissed without prejudice.
The appellate case is entitled Randy Ferrell v. Capital One N.A.,
Case No. 25-2348, in the United States Court of Appeals for the
Fourth Circuit, filed on November 6, 2025. [BN]
Plaintiffs-Appellants RANDY FERRELL, et al., individually and on
behalf of all others similarly situated, are represented by:
Katherine Marie Aizpuru, Esq.
Glenn Edward Chappell, Esq.
Katherine Marie Aizpuru, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW
Washington, DC 20006
Telephone: (202) 973-0900
- and -
Steven Tobin Webster, Esq.
WEBSTER BOOK, LLP
2300 Wilson Boulevard
Arlington, VA 22201
Telephone: (888) 987-9991
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN, P.A.
201 North Franklin Street
Tampa, FL 33602
Telephone: (813) 275-5272
Defendant-Appellee CAPITAL ONE N.A. is represented by:
Connor James Kelley, Esq.
Andrew James Soukup, Esq.
COVINGTON & BURLING, LLP
1 CityCenter
850 10th Street, NW
Washington, DC 20001
CAPRI HOLDINGS: Continues to Defend Federal Securities Class Suit
-----------------------------------------------------------------
Capri Holdings Ltd. disclosed in its Form 10-Q Report for the
quarterly period ending September 27, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the federal securities
class suit in the United States District Court for the District of
Delaware.
On December 23, 2024 and January 28, 2025, two purported
shareholders of Capri filed putative class action complaints in the
United States District Court for the District of Delaware against
Capri, Tapestry and certain of their officers (including John D.
Idol, its Chairman and Chief Executive Officer, and Thomas J.
Edwards, Jr., its former Chief Financial and Chief Operating
Officer) alleging violations of the federal securities laws based
on certain statements by defendants concerning the previously
proposed Merger and the FTC’s action to enjoin the Merger.
The Court appointed the lead plaintiff on March 7, 2025, and on May
15, 2025 the lead plaintiff filed the Amended Federal Securities
Law Complaint. The Amended Federal Securities Law Complaint seeks
to bring federal securities claims on behalf of a class of all
persons who purchased Capri stock and sold Capri puts between
August 10, 2023 and October 24, 2024.
It may incur substantial costs defending the Amended Federal
Securities Law Complaint, and it cannot provide assurance regarding
the outcome of this Amended Federal Securities Law Complaint. An
unfavorable judgment or ruling could result in substantial
liability.
It may also be subject to additional demands or filed actions. The
Company's potential liability to shareholders for federal
securities claims or other matters related to the previously
terminated Merger may be covered in part by its insurance policies,
but it may not always have adequate insurance to defend all
claims.
Capri Holdings (NYSE: CPRI) is a global fashion luxury group
consisting of iconic, founder-led brands Versace, Jimmy Choo and
Michael Kors. The Company is incorporated in the British Virgin
Islands, with executive offices in London and operational offices
in New York. It was founded in 1981 by American designer Michael
Kors.
CAREDX INC: Plumbers Securities Settlement Hearing Set for Dec. 2
-----------------------------------------------------------------
CareDx Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2025 filed with the Securities and
Exchange Commission on November 4, 2025, that the Company continues
to defend itself Plumbers & Pipefitters federal securities class
suit settlement hearing is scheduled for December 2, 2025.
On May 23, 2022, Plumbers & Pipefitters Local Union #295 Pension
Fund filed a federal securities class action (the "Securities Class
Action") in the U.S. District Court for the Northern District of
California against the Company and certain individuals.
On April 1, 2025, a mediation was held between the parties to the
Securities Class Action with the assistance of Phillips ADR
Enterprises.
On April 22, 2025, the parties in the Securities Class Action
reached an agreement-in-principle to resolve the Securities Class
Action under which the Company would pay or cause to be paid a
settlement payment of approximately $20.25 million. On May 16,
2025, the parties reached a definitive stipulation of settlement.
On May 23, 2025, plaintiffs filed a motion for preliminary
approval. On July 23, 2025, the District Court issued an order
preliminarily approving the settlement triggering the Company's
obligation to fund its portion of the settlement. Pursuant to the
settlement agreement, the Company and its insurers each deposited
their respective obligations into an escrow account. The Company
recorded its escrow deposits in prepaid and other current assets in
the condensed consolidated balance sheets as of September 30,
2025.
In accordance with the Court’s July 23, 2025 order, plaintiffs
filed a motion for final approval and a motion for an award of
attorneys’ fees and expenses on September 30, 2025. These motions
remain under consideration and a fairness and approval hearing is
scheduled for December 2, 2025.
The Company has recorded the settlement payment obligation of
approximately $20.25 million as accrued litigation settlement
expense and also recorded approximately $14.9 million in expected
insurance proceeds as prepaid and other current assets on the
condensed consolidated balance sheet as of September 30, 2025. The
Company recorded a net litigation settlement expense of
approximately $5.4 million for the nine months ended September 30,
2025 based on the agreement-in-principle to settle the Securities
Class Action but there is no guarantee that the agreement will be
approved by the Court.
CareDx develops, markets, and delivers a diagnostic surveillance
solution for heart transplant recipients.
CARGILL INC: Sued Over Failure to Compensate All Hours Worked
-------------------------------------------------------------
Gillermo Cardenas and Mekonnen Atske, On Behalf of Themselves and
All Others Similarly Situated v. CARGILL, INCORPORATED, Case No.
1:25-cv-03736-SBP (D. Colo., Nov. 19, 2025), is brought challenging
the Defendant's long-standing policy of failing to properly
compensate its non-exempt employees for all hours that they worked
under the Colorado Wage Claim Act ("CWCA") the Colorado Wage Act
("CWA"), the Colorado Minimum Wage Act ("CMWA"), and the Colorado
Overtime and Minimum Pay Standards ("COMPS").
Specifically, Defendant required Plaintiffs to perform work prior
to the start of their shifts and after the end of their shifts
without pay. Additionally, Defendant failed to provide Plaintiffs
with at least a 20-minute, uninterrupted meal break. This conduct
violates both Colorado law and the federal Fair Labor Standards
Act. Defendant also violated Colorado law in failing to provide
Plaintiffs with a 10-minute paid rest break for each four hours
they worked for Defendant, says the complaint.
The Plaintiffs worked for Defendant in Ft. Morgan, Colorado during
the class period.
The Defendant is an agriculture, food, and beverage manufacturer
that operates across the country, including in Colorado.[BN]
The Plaintiff is represented by:
Don J. Foty, Esq.
FOTY LAW GROUP
2 Greenway Plaza, Suite 250
Houston, TX 77046
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: dfoty@fotylawgroup.com
CELSIUS HOLDINGS: Bid to Dismiss Securities Suit Remains Pending
----------------------------------------------------------------
Celsius Holdings, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that its motion to dismiss the
securities litigation concerning the Pepsico Inc. distribution
agreement remains pending.
The Company and individual executives were named as defendants in
two putative securities class actions, both filed in the U.S.
District Court for the Southern District of Florida and concerning,
among other things, allegedly false and misleading statements or
omissions concerning the Company's distribution agreement with
Pepsi and the Company's growth. The first putative securities class
action was filed on November 22, 2024. The complaint asserts claims
for violations of Section 10(b) of the Exchange Act, Rule 10b-5
promulgated thereunder, and Section 20(a) of the Exchange Act. The
second putative securities class action was filed on January 14,
2025.
The complaint also asserts claims for violations of Section 10(b)
of the Exchange Act, Rule 10b-5 promulgated thereunder, and Section
20(a) of the Exchange Act. On March 3, 2025, the Court issued an
order consolidating the two putative securities class actions (the
"Securities Class Action") and appointing Lead Plaintiff and Lead
Counsel. Lead Plaintiff filed an Amended Complaint on April 25,
2025, naming the Company, its CEO, CFO and Chief of Staff as
defendants. The Amended Complaint asserts claims for violations of
Section 10(b) of the Exchange Act, Rule 10b-5 promulgated
thereunder, and Section 20(a) of the Exchange Act. The Amended
Complaint was filed on behalf of stockholders who purchased or
otherwise acquired shares of the Company's stock between May 9,
2023 and November 5, 2024.
On June 13, 2025, the Company filed a motion to dismiss seeking
complete dismissal of all claims. The motion to dismiss was fully
briefed on September 5, 2025 and remains pending.
CELSIUS HOLDINGS: Continues to Defend California Consumer Suit
--------------------------------------------------------------
Celsius Holdings, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the California consumer class action.
On January 22, 2025, the Company and certain individuals were named
as defendants in a putative class action filed in the U.S. District
Court for the Central District of California. The complaint
alleges, on behalf of a putative nationwide class of all purchasers
of Celsius products, that plaintiff and other class members were
misled regarding the alleged financial relationship between Celsius
and the individual defendants, who allegedly promoted the Company's
products on social media. The complaint asserts claims for (i)
violation of California's Consumers Legal Remedies Act and Unfair
Competition Law, (ii) unjust enrichment, and (iii) negligent
misrepresentation.
On August 18, 2025, the court dismissed the plaintiff's complaint
with leave to amend. On October 15, 2025, a motion to dismiss, or
in the alternative, transfer, the amended complaint was filed on
behalf of all defendants.
The Company believes that the claims asserted in this putative
class action are without merit and that the likelihood of loss is
remote. However, the ultimate outcome of these actions may differ
materially from the Company's current expectations, and the Company
is unable to reasonably estimate a range of losses at this time.
The Company will vigorously defend itself against this lawsuit.
CINTAS CORPORATION: Collins Wage Suit Removed to E.D. Wash.
-----------------------------------------------------------
The case styled as CORAL COLLINS, individually and on behalf of all
other similarly situated, Plaintiff v. CINTAS CORPORATION No. 3, a
Nevada corporation, Defendant, Case No. 25-2-03908-39, was removed
from the Superior Court of the State of Washington, County of
Yakima to the United States District Court for the Eastern District
of Washington on November 18, 2025.
The District Court Clerk assigned Case No. 1:25-cv-03204-RLP to the
proceeding.
The Plaintiff's complaint asserts that Cintas: (1) failed to
provide rest periods; (2) failed to provide meal periods; (3)
failed to pay overtime wages; (4) failed to pay wages less than
entitled; (5) failed to accrue and allow use of paid sick leave;
(6) made unlawful deductions and rebates from employees' wages; (7)
failed to pay all wages due at termination; and (8) willfully
refused to pay wages.
In the complaint, Plaintiff seeks to represent a putative class
(the "Class") consisting of "[a]ll hourly-paid or non-exempt
employees of Defendant in the State of Washington at any time
during the period from three years preceding the filing of this
Complaint to final disposition of the action." The class period,
pursuant to Plaintiff's definition of the putative class, extends
from October 24, 2022, to present.
Cintas Corporation's line of business includes the retail sale of
specialized lines of apparel and accessories.[BN]
The Defendant is represented by:
Daniel B. Heidtke, Esq.
DUANE MORRIS LLP
701 Fifth Avenue
Columbia Tower, 42nd Floor
Seattle, WA 98104
Telephone: +1 512 277 2300
E-mail: DBHeidtke@duanemorris.com
- and -
Gerald L. Maatman, Jr., Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603
Telephone: +1 312 499 6710
E-mail: GMaatman@duanemorris.com
E-mail: JARiley@duanemorris.com
COHEN'S FASHION: Fails to Protect Personal Info, Sanchez Says
-------------------------------------------------------------
EFREN SANCHEZ, individually and on behalf of all others similarly
situated, Plaintiff v. COHEN'S FASHION OPTICAL OF AMERICA, INC.,
Defendant, Case No. 2:25-cv-06261 (E.D.N.Y., November 10, 2025)
arises out of the recent data breach involving Defendant that, upon
information and belief, compromised Plaintiff's and Class Members'
personally identifiable information and protected health
information.
According to the complaint, the Plaintiff and Class Members were
required to entrust Defendant with sensitive, non-public private
information as a condition of obtaining products or services from
Defendant, which Defendant retains for years. By obtaining,
collecting, using, and deriving a benefit from the private
information of Plaintiff and Class Members, the Defendant assumed
legal and equitable duties to those individuals to protect and
safeguard that information from unauthorized access and intrusion.
On October 28, 2025, an unauthorized third party gained access to
Defendant's inadequately secured systems and obtained files
containing Plaintiff's and Class Members' private information. The
Defendant failed to adequately protect Plaintiff's and Class
Members' private information––and failed to even encrypt or
redact this highly sensitive information, says the suit.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of himself, and all similarly situated
persons whose personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendant's
inadequate data security practices.
Cohen's Fashion Optical of America, Inc. is a retailer in the
United States, providing eyeglasses and eye exam services to
customers with over 100 locations.[BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
Andrew Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
ashamis@shamisgentile.com
COLETTE 4 INC: Fails to Pay Proper Wages, Anjos Suit Says
---------------------------------------------------------
FREDSON ALMEIDA DOS ANJOS, on behalf of himself and all others
similarly situated, Plaintiff v. COLETTE 4 INC. d/b/a FETTA
REPUBLIC, and YANA KIRKIS, Defendants, Case No. 0:25-cv-62274 (S.D.
Fla., November 11, 2025) is a class lawsuit seeking recovery
against Defendants for their violations of the Fair Labor Standards
Act and the Florida Minimum Wage Act.
According to the complaint, the Defendants carried out an unlawful
payroll policy and practice by failing to pay Plaintiff and all
others similarly situated for all hours worked including overtime
compensation as required by federal and state law.
The Plaintiff has thus initiated this case to recover unpaid wages
and overtime compensation he has been deprived of, plus interest
(pre-judgment and post-judgment), liquidated damages, attorneys'
fees, and costs.
The Plaintiff worked for the Defendant from January 20, 2020
through February 8, 2025, or a period of 264 weeks, as a prep cook
and dishwasher.
Colette 4 Inc., d/b/a Fetta Republic, is a Mediterranean-style
eatery with locations in Florida.[BN]
The Plaintiff is represented by:
David Pinkhasov, Esq.
CONSUMER ATTORNEYS, PLLC
6829 Main Street
Flushing, NY 11367-1305
Telephone: (718) 701-4605
Facsimile: (718) 715-1750
E-mail: dpinkhasov@consumerattorneys.com
COLUMBIA BANKING: $55-Mil. Settlement Granted Final Approval
------------------------------------------------------------
Columbia Banking System, Inc., disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that a California court has
granted final approval of the $55 million settlement in the class
action complaint alleging aiding and abetting claims against the
Bank associated with the failure of two commercial real estate
investment companies, Professional Financial Investors, Inc. and
Professional Investors Security Fund, Inc.
In August 2020, a class action complaint was filed in the United
States District Court for the Northern District of California
alleging aiding and abetting claims against the Bank associated
with the failure of two commercial real estate investment
companies, Professional Financial Investors, Inc. and Professional
Investors Security Fund, Inc., allegedly effected through a Ponzi
scheme.
Both companies maintained their primary deposit account
relationship with the Bank's Novato, Marin County, California
branch office, acquired by the Bank from Circle Bank. The Bank's
motion to dismiss was denied in January 2021, and its motion for
summary judgment was denied in December 2022, and at the same time
the District Court certified the plaintiffs' proposed class. Two
other related cases were filed in 2023: one case alleges similar
claims by two investors and was filed in May 2023 in Marin County
Superior Court that was settled in February 2025 for a nominal sum;
and another case was filed in June 2023 in the United States
District Court for the Northern District of California alleging
claims by ten investors with different investments than the class
members and dismissed by the court for lack of standing in July
2024. Filing of these cases follows an SEC non-public investigation
of Professional Financial Investors, Inc. and Professional
Investors Security Fund, Inc. that commenced on May 28, 2020.
Plaintiffs in the District Court class action case alleged damages
resulting from the scheme of between $297 million and $368 million,
including prejudgment interest.
Trial in the District Court class action case commenced on February
3, 2025 and a mistrial was declared on March 4, 2025. The Bank
subsequently engaged in a court ordered settlement conference, and
a Notice of Settlement was filed on March 27, 2025, which
contemplates a settlement payment of $55 million by the Bank,
including any attorneys' fees or costs. The settlement was granted
final court approval on September 11, 2025 and funded in October
2025.
CONDUENT BUSINESS: St. John Sues Over Unprotected Personal Info
---------------------------------------------------------------
MARLON ST. JOHN, individually, and on behalf of all others
similarly situated, Plaintiff v. CONDUENT BUSINESS SERVICES, LLC,
and HEALTH CARE SERVICE CORPORATION d/b/a BLUE CROSS AND BLUE
SHIELD OF ILLINOIS, Defendants, Case No. 2:25-cv-17350 (D.N.J.,
November 10, 2025) is a class action complaint on behalf of a class
of persons impacted by Defendants' failure to safeguard, monitor,
maintain, and protect highly sensitive personally identifiable
information and protected health information.
BCBSIL is a customer of Conduent and provided Conduent with the
sensitive information of BCBSIL's own customers, including
Plaintiff.
On October 21, 2024, cybercriminals gained access to Conduent's
networks. The cybercriminals enjoyed that access for three months,
during which time they exfiltrated files associated with Conduent's
clients. Those files included sensitive information such as names,
dates of birth, Social Security numbers, treatment information, and
claims information. Despite its discovering the attack in January
2025, it was not until October 24, 2025 -- a year after the attack
-- that Conduent began providing notice to impacted individuals,
says the suit.
As a direct result of the breach, the Plaintiff suffers from an
increased risk of harm due to the exposure and potential misuse of
his personal data by criminal hackers. As such, the Plaintiff
brings this complaint on behalf of persons whose sensitive
information was stolen during the data breach.
Conduent Business Services, LLC is a provider of third-party
printing/mailroom services, document processing services, payment
integrity services, and other back-office support services.[BN]
The Plaintiff is represented by:
James E. Cecchi, Esq.
Jason H. Alperstein, Esq.
CARELLA, BYRNE, CECCHI, BRODY &
AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: jcecchi@carellabyrne.com
jalperstein@carellabyrne.com
- and -
Brian C. Gudmundson, Esq.
Michael J. Laird, Esq.
Madison M. DeMaris, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: brian.gudmundson@zimmreed.com
michael.laird@zimmreed.com
madison.demaris@zimmreed.com
CONTRA COSTA COUNTY, CA: Agrees to Settle Data Breach Class Suit
----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Contra Costa County,
California, has agreed to settle a class action lawsuit over a
September 2022 data breach that potentially compromised the
personal information of thousands of people.
The Contra Costa class action settlement received preliminary
approval from the court on September 22, 2025, and covers any
individual with a California mailing address who received a data
breach notice from Contra Costa County on or about May 10, 2023.
Per the settlement documents, approximately 15,591 people were
impacted by the Contra Costa County data breach.
The court-approved website for the Contra Costa settlement can be
found at ContraCostaSettlement.com.
Class members who submit a timely, valid claim form are eligible to
receive up to $500 in reimbursement for ordinary expenses incurred
because of the data breach. Per the settlement website, settlement
class members must provide proof for each expenditure for which
they seek reimbursement. Expenses covered under this option include
costs to obtain credit reports, credit freezing and unfreezing,
card replacement fees, late fees, and any other costs associated
with credit monitoring or identity theft protection, the settlement
website says.
Furthermore, settlement class members who submit a timely, valid
claim form can also receive reimbursement for up to four hours of
lost time spent dealing with the data breach, at a rate of $25 per
hour, for a total of $100. This payment will count toward the $500
limit on out-of-pocket expenses, settlement documents state. Class
members who submit a claim for reimbursement for their time must
submit a short narrative explanation attesting that their
activities during the claimed time were directly related to the
data breach, the website relays.
Settlement class members can also receive up to $5,000 in
reimbursement for documented unreimbursed extraordinary expenses
stemming from the Contra Costa data breach. Extraordinary expenses
include documented professional fees to address actual identity
theft or fraud, and documented unreimbursed losses resulting from
identity theft or fraud, as explained in the settlement documents.
Additionally, the Contra Costa County settlement offers class
members two years of three-bureau credit monitoring through
Equifax.
To submit a Contra Costa County settlement claim form online, class
members can visit this page of the settlement website and enter
their unique settlement claim ID, which can be found in the
settlement notice. Class members who prefer to submit a paper claim
form can download the claim form here and mail it to the settlement
administrator listed on the website.
In addition, Contra Costa County, as part of the class action
settlement, has agreed to implement stronger data security measures
to prevent any future data breaches.
Contra Costa settlement claim forms must be submitted online or
postmarked by January 20, 2026.
The court will decide whether to grant final approval to the class
action settlement at a hearing on February 5, 2026. Compensation
will begin to be distributed to class members only after final
approval is granted and any appeals are resolved.
The Contra Costa County class action lawsuit alleged an
unauthorized third party gained access to two employee email
accounts between September 19 and 20, 2022. During the
investigation, Contra Costa County discovered that approximately
15,591 individuals' data was potentially compromised, according to
court documents. [GN]
COUNTER CULTURE: Murphy Seeks Equal Website Access for the Blind
----------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all other persons similarly
situated, Plaintiff v. COUNTER CULTURE COFFEE, INC., Defendant,
Case No. 1:25-cv-09401 (S.D.N.Y., November 10, 2025) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
www.counterculturecoffee.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 the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
October 21, 2025, in an attempt to purchase Sanctuary - Counter
Culture Coffee 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. The Plaintiff was
unable to locate pricing and was not able to add the item to the
cart due to broken links, pictures without alternate attributes and
other barriers on Defendant's Website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Counter Culture Coffee, Inc. operates the website that offers
coffee products.[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
CRACKER BARREL: Files Writ of Certiorari Petition to Supreme Court
------------------------------------------------------------------
CRACKER BARREL OLD COUNTRY STORE, INC. filed on November 7, 2025, a
petition for a writ of certiorari with the U.S. Supreme Court,
under Case No. 25-534, seeking a review of a ruling of the United
States Court of Appeals for the Ninth Circuit dated July 1, 2025,
in the case captioned Andrew Harrington, et al. vs. Cracker Barrel
Old Country Store Inc., Case Nos. 23-15650 and 24-1979.
The suit is filed against the Defendant for alleged violation of
the Fair Labor Standards Act.
Defendant-Petitioner CRACKER BARREL OLD COUNTRY STORE, INC. is
represented by:
James M. Coleman, Esq.
Jason D. Friedman, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE LLP
12500 Fair Lakes Circle, Suite 300
Fairfax, VA 22033
- and -
Steven B. Katz, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE LLP
2029 Century Park East, Suite 1100
Los Angeles, CA 90067
Telephone: (310) 909-7775
Email: skatz@constangy.com
CUSTOM BUILDING: Garcia Labor Class Suit Removed to E.D. Cal.
-------------------------------------------------------------
The case styled as LUIS GUILLERMO RAMOS GARCIA, individually, and
on behalf of all others similarly situated, Plaintiff v. CUSTOM
BUILDING PRODUCTS, LLC, and DOES 1 through 10, inclusive,
Defendants, Case No. STK-CV-UOE-2025-0015157, was removed from the
Superior Court of the State of California in and for the County of
San Joaquin to the United States District Court for the Eastern
District of California on November 17, 2025.
The District Court Clerk assigned Case No. 2:25-at-1581 to the
proceeding.
The Plaintiff's complaint alleges the following causes of action:
(1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime
Compensation; (3) Failure to Provide Meal Periods; (4) Failure to
Authorize and Permit Rest Breaks; (5) Failure to Indemnify
Necessary Business Expenses; (6) Failure to Timely Pay Final Wages
at Termination; (7) Failure to Provide Accurate Itemized Wage
Statements; and (8) Unfair Business Practices.
Custom Building Products, LLC is a manufacturer of flooring
preparation products.[BN]
The Defendant is represented by:
Todd B. Scherwin, Esq.
Drew M. Tate, Esq.
Tristy Rashtian, Esq.
FISHER & PHILLIPS LLP
444 South Flower Street, Suite 1500
Los Angeles, CA 90071
Telephone: (213) 330-4500
Facsimile: (213) 330-4501
E-mail: tscherwin@fisherphillips.com
dtate@fisherphillips.com
trashtian@fisherphillips.com
CUSTOMERS BANCORP: Chun Yao Chang Voluntarily Dismissed
-------------------------------------------------------
Customers Bancorp, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that the Chun Yao Chang matter
was voluntarily dismissed.
On December 2, 2024, a federal securities class action complaint
was filed in the U.S. District Court for the Eastern District of
Pennsylvania, captioned Chang v. Customers Bancorp, Inc. et al.,
Case No. 2:24-cv-06416-JS, by Chun Yao Chang against Customers
Bancorp, Jay Sidhu, its Chief Executive Officer and Executive
Chairman of the Company's Board of Directors, and Carla Leibold,
its former Chief Financial Officer.
The action alleges that Customers Bancorp and the individual
defendants made materially false and/or misleading statements
and/or omissions during the class period of March 1, 2024 through
August 8, 2024, and that such statements violated Section 10(b) of
the Exchange Act and Rule 10b-5 promulgated thereunder. The action
also alleges that the individual defendants are liable pursuant to
Section 20(a) of the Exchange Act as controlling persons of
Customers Bancorp.
The suit seeks to recover damages caused by the alleged violations
of federal securities laws, along with the plaintiffs' costs
incurred in the lawsuit, including their reasonable attorneys' and
experts' witness fees and other costs.
On January 31, 2025, Chun Yao Chang filed the only application for
appointment as lead plaintiff with The Rosen Law Firm, P.A. as
counsel. On June 24, 2025, the court denied plaintiff's motion for
appointment as lead counsel, finding that plaintiff had not made
the required prima facie showing that he will be an adequate class
representative. Customers Bancorp intends to defend itself against
this action. On October 28, 2025, the plaintiff filed a notice to
voluntarily dismiss his case without prejudice against all
defendants.
DALLAS COUNTY, TX: Noriega Must File Class Cert Reply by Dec. 11
----------------------------------------------------------------
In the class action lawsuit captioned as Noriega, et al., v. Dallas
County, Case No. 3:25-cv-01567 (N.D. Tex., Filed June 18, 2025),
the Hon. Judge entered an order granting motion to extend time.
The Plaintiff must file his reply to Defendant's response to the
motion for class certification by or before Dec. 11, 2025.
The nature of suit states Civil Rights.[CC]
DELTA FOOD MART: Moumouni Sues Over Failure to Pay Overtime
-----------------------------------------------------------
Karambiri Moumouni, Individually and on behalf of all other persons
similarly situated v. DELTA FOOD MART INC. d/b/a DELTA GAS STATION,
WEBSTER FOOD MART INC. d/b/a WEBSTER AVE. CITGO, BALAK FOOD MART
INC. d/b/a CONOCO, AND VISHAL KUMAR, Jointly and Severally, Case
No. 2:25-cv-06408 (E.D.N.Y., Nov. 19, 2025), is brought under the
Fair Labor Standards Act ("FLSA") and the New York Labor Law ("N.Y.
Lab. Law") that Defendants failed to pay them overtime pay.
The Defendants did not pay Plaintiff any overtime premium pay for
hours the worked over 40 in a week. Many times, Defendants' checks
to Plaintiff bounced and could not be deposited. This led to days
or weeks of waiting until the issue was resolved. The Plaintiff
knows from personal conversations and observations that Defendants'
cashiers and other hourly employees were paid the same way that he
was paid and were not paid any overtime premiums for hours worked
over 40 in a week, regardless of which one of Defendants' locations
they worked at, says the complaint.
The Plaintiff was employed by the Defendants as a cashier from
February 1, 2024 to November 1, 2024.
The Defendants operate gas stations and convenience stores in
Suffolk, Nassau, and Westchester counties.[BN]
The Plaintiff is represented by:
Douglas B. Lipsky, Esq.
Frank J. Tantone, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10017-6705
Phone: 212.392.4772
Email: doug@lipskylowe.com
frank@lipskylowe.com
DENTSPLY SIRONA: Bid to Junk Byte Suit Remains Pending
------------------------------------------------------
Dentsply Sirona Inc. disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that its motion to dismiss the
putative class action lawsuit relating to its acquisition of Byte
LLC remains pending.
On November 26, 2024, the Company was named as a defendant in a
putative class action filed in the SDNY Court captioned North
Collier Fire Control and Rescue District Firefighters' Retirement
Plan v. Dentsply Sirona Inc., et al., No. 1:24-cv-09083 (the "North
Collier Action"). On December 18, 2024, the Company was named as a
defendant in a putative class action filed in the SDNY Court
captioned Calvin v. Dentsply Sirona Inc., et al., No. 1:24-cv-09764
(the "Calvin Action"), and on December 19, 2024, the Company was
named as a defendant in a putative class action filed in the SDNY
Court captioned Key West Police & Fire Pension Fund v. Dentsply
Sirona Inc., et al., No. 1:24-cv-09819 (the "Key West Action").
The complaints in these three cases allege that, for different
alleged class periods over the period from May 6, 2021 through
November 6, 2024, the Company and certain current and former
officers violated U.S. securities laws by, among other things,
making materially false and misleading statements or omissions,
including regarding the performance of the Company's Byte aligners
business, following the Company's acquisition of Byte LLC in
December 2020.
On February 21, 2025, the SDNY Court entered an order consolidating
the North Collier Action, the Calvin Action, and the Key West
Action under the caption In re Dentsply Sirona, Inc. Securities
Litigation, No. 24-cv-9083 (the "2024 Securities Litigation"), and
appointed lead plaintiffs and lead counsel for the consolidated
case. An amended complaint was filed on May 9, 2025. On July 8,
2025, the Company and certain current and former officers of the
Company filed a motion to dismiss the amended complaint.
DENTSPLY SIRONA: Continues to Defend SDNY Securities Suit
---------------------------------------------------------
Dentsply Sirona Inc. disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the putative securities class action lawsuits filed
in the U.S. District Court for the Southern District of New York.
On June 2, 2022, the Company was named as a defendant in a putative
class action filed in the U.S. District Court for the Southern
District of Ohio captioned City of Miami General Employees' &
Sanitation Employees' Retirement Trust v. Casey, Jr. et al., No.
2:22-cv-02371, and on July 28, 2022, the Company was named as a
defendant in a putative class action filed in the U.S. District
Court for the Southern District of New York (the "SDNY Court")
captioned San Antonio Fire and Police Pension Fund v. Dentsply
Sirona Inc. et al., No. 1:22-cv-06339 (together, the "Securities
Litigation").
The complaints in the Securities Litigation are substantially
similar and both allege that, during the period from June 9, 2021
through May 9, 2022, the Company, Mr. Donald M. Casey Jr., the
Company's former Chief Executive Officer, and Mr. Jorge Gomez, the
Company's former Chief Financial Officer, violated U.S. securities
laws by, among other things, making materially false and misleading
statements or omissions, including regarding the manner in which
the Company recognized revenue tied to distributor rebate and
incentive programs. On March 27, 2023, the Court in the Southern
District of Ohio ordered the transfer of the putative class action
to the SDNY Court. On June 1, 2023, the SDNY Court consolidated the
two separate actions under case No. 1:22-cv-06339 and appointed as
lead plaintiffs for the putative class the City of Birmingham
Retirement and Relief System, the El Paso Firemen & Policemen's
Pension Fund, and the Wayne County Employees' Retirement System
(collectively, the "Lead Plaintiffs"). Lead Plaintiffs filed an
amended class action complaint on July 28, 2023 (the "Amended
Complaint"). In addition to asserting the same claims against the
Company, Mr. Casey, and Mr. Gomez, the Amended Complaint added the
Company's former Chief Accounting Officer, Mr. Ranjit S. Chadha, as
a defendant (collectively, "Defendants"). On October 10, 2023,
Defendants filed a motion to dismiss the Amended Complaint. Lead
Plaintiffs opposed the motion. On May 1, 2024, the SDNY Court
granted the motion to dismiss as to Mr. Chadha and granted in part
and denied in part the motion to dismiss as to the Company, Mr.
Casey, and Mr. Gomez. The Company's answer to the Amended Complaint
was filed on May 21, 2024. On November 15, 2024, Lead Plaintiffs
filed a motion to certify the matter as a class action, to appoint
Lead Plaintiffs as class representatives, and to appoint class
counsel. Defendants opposed the motion.
On July 10, 2025, the SDNY Court granted Lead Plaintiffs' motion
for class certification, appointed the Lead Plaintiffs as class
representatives, and appointed counsel for Lead Plaintiffs as class
counsel.
The Company has recognized a liability as of September 30, 2025,
with an offsetting insurance receivable, resulting in no impact to
the Consolidated Statements of Operations in the three and nine
months ended September 30, 2025.
DENTSPLY SIRONA: Settlement in EDNY Securities Suit Has Final OK
----------------------------------------------------------------
Dentsply Sirona Inc. disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that the settlement in the
putative class action filed in the U.S. District Court for the
Eastern District of New York has final court approval.
On December 19, 2018, a putative class action was filed in the U.S.
District Court for the Eastern District of New York (the "EDNY
Court") against the Company and certain individual defendants. The
case was narrowed following its inception. The plaintiff's claims
which, have now been approved for final settlement, were that the
Company and certain individual defendants violated U.S. securities
laws by making material misrepresentations and omitting required
information in the December 4, 2015 registration statement filed
with the SEC in connection with the 2016 merger of Sirona Dental
Systems Inc. ("Sirona") with DENTSPLY International Inc. (the
"Merger") and that the defendants failed to disclose, among other
things, that a distributor had purchased excessive inventory of
legacy Sirona products.
In addition, the plaintiff alleged that the defendants violated
U.S. securities laws by making false and misleading statements in
quarterly and annual reports and other public statements between
May 6, 2016 and August 7, 2018. The plaintiff asserted claims on
behalf of a putative class consisting of all purchasers of the
Company's stock during the period from December 8, 2015 through
August 6, 2018. The Company moved to dismiss the amended complaint
on August 15, 2019. The plaintiff filed its second amended
complaint on January 22, 2021, and the Company filed a motion to
dismiss the second amended complaint on March 8, 2021, with
briefing on the motion fully submitted on May 21, 2021. The
Company's motion to dismiss was denied in a ruling by the EDNY
Court on March 29, 2023, and the Company's answer to the second
amended complaint was filed on May 12, 2023.
Following additional motion practice -- which remained outstanding
with the EDNY Court -- and discovery, the parties engaged in
settlement discussions with the assistance of a mediator, and, in
January 2025, reached a settlement in principle to resolve the case
in full for $84 million. In connection with the settlement, the
Company received an offsetting insurance policy receivable of
approximately $78 million and paid the rest in cash. The excess of
the settlement liability over the corresponding insurance policy
receivable resulted in $6 million of legal expense which was
recorded during the year ended December 31, 2024. The settlement
agreement, which was negotiated and signed in January, was approved
by the EDNY Court following a final approval hearing held on
September 10, 2025.
DEXCOM INC: Oakland County Assoc. Sues Over Share Price Drop
------------------------------------------------------------
OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM and OAKLAND COUNTY
VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION, individually and on
behalf of all others similarly situated, Plaintiffs v. DEXCOM,
INC., KEVIN R. SAYER, JACOB S. LEACH, JEREME M. SYLVAIN, and SEAN
CHRISTENSEN, Defendants, Case No. 1:25-cv-09370 (S.D.N.Y., November
10, 2025) is a securities class action against Dexcom and certain
of its current senior executives under Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 and Securities and Exchange
Commission Rule 10b-5, promulgated thereunder, on behalf of the
Plaintiff and all investors who purchased or otherwise acquired
Dexcom common stock between January 8, 2024, and September 17,
2025, inclusive.
Throughout the Class Period, the Defendants repeatedly praised the
accuracy and overall performance of the G7, Dexcom's latest
generation of continuous glucose monitors, touting it as "the most
accurate sensor on the market today," and "the most accurate CGM
that has been cleared by the FDA." The Defendants expressly
attributed the Company's success to the device's performance.
However, the Defendants' Class Period representations that the G7
was accurate and high performing were false. In truth, the
Defendants knew that the G7 product was plagued with quality issues
relating to both the accuracy of the sensor, and the sensor's
ability to transmit data to the user's chosen receiver or smart
device. As a result of Defendants' material misrepresentations and
omissions, shares of Dexcom's common stock traded at artificially
inflated prices during the Class Period, says the suit.
On September 18, 2025, research firm Hunterbrook Media LLC
published a report detailing incidents of G7 users being
hospitalized or dying as a result of incorrect blood glucose
readings from their G7 devices. This report included information
from former Dexcom employees, healthcare experts, and G7 users, as
well as documents from the FDA investigation that had prompted the
March 2025 warning letter. As a result of these disclosures, the
price of Dexcom common stock declined by $8.99 per share, or 11.8%,
over the following two trading sessions, the suit relates.
Plaintiffs Oakland County Employees' Retirement System and Oakland
County Voluntary Employees' Beneficiary Association are employee
benefit plans for employees and retirees of Oakland County,
Michigan.
DexCom, Inc. develops, manufactures, and markets CGMs for diabetics
to monitor their blood glucose levels. Dexcom is incorporated in
Delaware and maintains its principal executive offices in San
Diego, California.[BN]
The Plaintiffs are represented by:
Hannah Ross, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: hannah@blbglaw.com
scott.foglietta@blbglaw.com
- and -
Aaron L. Castle, Esq.
VMT LAW, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578 1201
E-mail: acastle@vmtlaw.com
DRIFTER'S KITCHEN: Duran Seeks to Recover Workers' Unpaid Wages
---------------------------------------------------------------
DANNY DURAN, Plaintiff v. DRIFTER'S KITCHEN AND BAR, INC and DAVID
DONOFRIO, individually, Defendants, Case No. 1:25-cv-06278
(E.D.N.Y., November 11, 2025) is a class action on behalf of
himself individually and on behalf of other similarly situated
employees arising from the Defendants' alleged violations of the
Fair Labor Standards Act, the New York Labor Law, as recently
amended by the Wage Theft Prevention Act, and related provisions
from Title 12 of New York Codes, Rules, and Regulations.
According to the complaint, the Defendants maintained a policy and
practice of requiring Plaintiff and other employees to work without
providing the proper minimum wages, spread-of hours wages, and
overtime compensation required by federal and state law and
regulations.
The Plaintiff was employed by the Defendants from approximately
August 2022 until October 12, 2025 as a dishwasher.
Drifter's Kitchen and Bar, Inc. is a New York-based
restaurant.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
DUKE ENERGY: Continues to Defend Nuclear Compensation Suit
----------------------------------------------------------
Duke Energy Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the nuclear compensation lawsuit.
On July 11, 2025, plaintiffs Leo Dorrell and John Dunn filed a
putative class action lawsuit in the U.S. District Court for the
District of Maryland against all U.S. commercial nuclear power
operators, including Duke Energy Corporation (Parent) and Progress
Energy. The plaintiffs allege that the nuclear power industry
engaged in a conspiracy to suppress compensation by exchanging
salary information since 2003, in violation of Section 1 of the
Sherman Act.
The lawsuit seeks unspecified monetary damages, including treble
damages, on behalf of current and former employees in the nuclear
power industry as well as injunctive relief.
On October 15, 2025, all defendants jointly filed an omnibus motion
to dismiss all claims in the complaint and Duke Energy also joined
a motion filed by several defendants to dismiss for lack of
personal jurisdiction. On November 5, 2025, the plaintiffs filed an
amended complaint adding Duke Energy Carolinas and Duke Energy
Business Services as defendants and including more factual
allegations to support their complaint. Although not named as a
defendant, Duke Energy Progress is accused of having participated
in the alleged conspiracy. The defendants have until November 19,
2025, to respond to the amended complaint.
DUKE ENERGY: Filing for Class Cert Bid Due Feb. 27, 2026
--------------------------------------------------------
In the class action lawsuit captioned as CARL MABLE, v. DUKE ENERGY
FLORIDA, LLC, Case No. 1:24-cv-00117-RH-MAF (N.D. Fla.), the Hon.
Judge Hinkle entered an order compelling discovery and amending the
schedule as follows:
-- The plaintiff's motion to compel is granted in part.
-- The parties may agree to alter the schedule for conferring
and for the production, but absent contrary agreement, the
parties must meet this schedule:
(a) By November 21, 2025, the plaintiff must (i) notify the
Defendant of the plaintiff’s decision whether to abandon
or defer at this time any portion of the production
required by this order and (ii) notify the defendant of
any subsets of documents for which the plaintiff requests
a separate cost estimate;
(b) By December 2, 2025, the defendant must provide the
Plaintiff a good-faith estimate of the overall cost of
production and the cost the defendant will incur for each
subset of documents for which the plaintiff has requested
a separate estimate;
(c) By December 9, 2025, the plaintiff must notify the
Defendant of the production it wishes to obtain at the
plaintiff’s expense;
(d) By December 23, 2025, the defendant must produce the
requested documents;
(e) By December 30, 2025, the defendant must provide
Plaintiff an invoice for the production;
(f) By January 13, 2026, the plaintiff must pay the invoice
except for any portion the plaintiff contests and, for
any contested portion, must confer as required by Local
Rule 7.1 and move to adjust the required amount.
-- By December 23, 2025, the defendant must produce to the
plaintiff at the defendant’s own expense the documents
described in request for production 35.
-- The motion to extend deadlines is granted.
-- The deadline for the plaintiff's Federal Rule of Civil
Procedure 26(a)(2) disclosures is January 16, 2026.
-- The deadline for the defendant's 26(a)(2) disclosures is
February 13, 2026.
-- The deadline to move for class certification is Feb. 27,
2026.
- The discovery deadline is March 27, 2026. This automatically
moves the deadline to move for summary judgment to April 24,
2026.
Duke provides utility services.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ALrqGq at no extra
charge.[CC]
DUKE ENERGY: Mooresville Coal Ash Suit Remains Pending
------------------------------------------------------
Duke Energy Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with U.S.
Securities and Exchange Commission that the Mooresville Coal Ash
lawsuit remains pending.
On December 20, 2024, 15 plaintiffs filed a lawsuit in Iredell
County, North Carolina, against Duke Energy (Parent), Duke Energy
Carolinas and Duke Energy Progress (collectively "Duke Energy") on
behalf of a putative class alleging past and ongoing environmental
contamination in the Mooresville area of North Carolina. The
lawsuit alleges that Duke Energy disposed of and sold coal ash as
structural fill resulting in the contamination of soil, groundwater
and Lake Norman. The plaintiffs claim that Duke Energy failed to
properly remediate the contamination and continues to pollute, and
they assert that the contamination has negatively impacted property
values. The plaintiffs are seeking unspecified compensatory and
punitive damages, injunctive relief to stop further contamination,
remediation of contaminated areas and attorneys' fees and costs.
On July 28, 2025, the plaintiffs filed an amended complaint, which
asserts claims for negligence, negligence per se, gross negligence,
private nuisance, strict liability for ultra-hazardous activities
and trespass. On September 11, 2025, Duke Energy filed its answer
to the plaintiff's amended complaint and a motion for judgment on
the pleadings. A hearing on the motion for judgment on the
pleadings is scheduled for December 15, 2025.
EAGLE FAMILY: Faces Most Suit Over Mislabeled Popcorn Products
--------------------------------------------------------------
RYAN MOST, individually and on behalf of all others similarly
situated, Plaintiff v. EAGLE FAMILY FOODS GROUP LLC, Defendant,
Case No. 2025LA001443 (Ill. Cir., Dupage Cty., November 10, 2025)
is an action against the Defendant for damages, injunctive relief,
and any other available legal or equitable remedies, for violations
of the Illinois Consumer Fraud and Deceptive Businesses Practices
Act, common law fraud, and unjust enrichment.
The suit arises from the illegal actions of Defendant, in
intentionally labeling their popcorn products as "no artificial
preservatives," when they contain the synthetic preservatives
sodium phosphate and lactic acid.
By making false and misleading claims about the contents of its
products, the Defendant impaired Plaintiff's ability to choose the
type and quality of products he chose to buy. Therefore, the
Plaintiff has been deprived of her legally protected interest to
obtain true and accurate information about his consumer products as
required by law, says the suit.
Eagle Family Foods Group LLC provides packaged dairy products. The
Company produces and markets canned sweetened condensed and
evaporated milk products. Eagle Family Foods Group serves customers
in the United States.[BN]
The Plaintiff is represented by:
Steve G. Perry, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
555 Skokie Blvd., Suite 500
Northbrook, IL 60062
Telephone: (224) 218-0875
E-mail: Steven.perry@toddflaw.com
- and -
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
23586 Calabasas Rd., Suite 105
Calabasas, CA 91302
Telephone: (323) 306-4234
E-mail: tfriedman@toddflaw.com
EAST JEFFERSON: Booth Privacy Suit Removed to E.D. La.
------------------------------------------------------
The case styled as Robert Booth, individually and on behalf of all
others similarly situated v. EAST JEFFERSON GENERAL HOSPITAL and
LCMC HEALTH HOLDINGS, INC., Case No. 869766, was removed from the
24th District Court for the Parish of Jefferson, State of Louisiana
to the United States District Court for the Eastern District of
Louisiana on November 14, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02321 to the
proceeding.
In this complaint, the Plaintiff alleges that LCMC Health Holdings,
Inc. ("LCMC") failed to comply with industry standards to protect
information systems with certain personally identifiable
information and personal health information and that there was an
alleged breach and disclosure of confidential information (the
"Data Breach") which allegedly harmed Plaintiff and members of the
putative class.
The complaint asserts various claims under federal law including
that (i) LCMC allegedly violated the Health Insurance Portability
and Accountability Act ("HIPPA") and (ii) LCMC allegedly violated
the Federal Trade Commission Act. The state law claims asserted
involved the same case or controversy as the federal claims as all
the claims arise from the alleged improper conduct or practice of
LCMC (now UHS) which allegedly resulted in the Data Breach.
LCMC Health Holdings, Inc. no longer exists and University
Healthcare System, L.C. ("UHS") is its successor by way of merger.
UHS owns and operates East Jefferson General Hospital. East
Jefferson General Hospital is not a legal entity but rather is the
registered trade name of Louisiana Children's Medical Center.[BN]
The Defendant is represented by:
Peter J. Butler, Jr., Esq.
Richard G. Passler, Esq.
Thomas M. Benjamin, Esq.
BREAZEALE, SACHSE & WILSON, L.L.P.
909 Poydras Street
Suite 1500
New Orleans, LA 70112
Telephone: (504) 619-1800
E-mail: Peter.Butler@bswllp.com
Richard.Passler@bswllp.com
Thomas.Benjamin@bswllp.com
- and -
Thomas R. Temple, Jr., Esq.
BREAZEALE, SACHSE & WILSON, L.L.P.
301 Main Street
Suite 2300
Baton Rouge, LA 70801
Telephone: (225) 387-4000
E-mail: Thomas.Temple@bswllp.com
EAST JEFFERSON: Parnell Data Breach Suit Removed to E.D. La.
------------------------------------------------------------
The case styled as WESLEY PARNELL, individually and on behalf of
all others similarly situated v. EAST JEFFERSON GENERAL HOSPITAL
and LCMC HEALTH HOLDINGS, INC., Case No. 869731, was removed from
the 24th District Court for the Parish of Jefferson, State of
Louisiana to the United States District Court for the Eastern
District of Louisiana on November 14, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02323-BWA-EJD to
the proceeding.
The complaint alleges that LCMC Health Holdings, Inc. ("LCMC")
failed to comply with industry standards to protect information
systems with certain personally identifiable information and
personal health information and that there was an alleged breach
and disclosure of confidential information (the "Data Breach")
which allegedly harmed Plaintiff and members of the putative
class.
The complaint asserts various claims under federal law including
that (i) LCMC allegedly violated the Health Insurance Portability
and Accountability Act ("HIPPA") and (ii) LCMC allegedly violated
the Federal Trade Commission Act. The state law claims asserted
involved the same case or controversy as the federal claims as all
the claims arise from the alleged improper conduct or practice of
LCMC (now UHS) which allegedly resulted in the Data Breach.
East Jefferson General Hospital is the registered trade name of
Louisiana Children's Medical Center.
University Healthcare System, L.C. ("UHS") is the successor by way
of merger to LCMC Health Holdings, Inc. It is an acute general
hospital whose primary function is to provide inpatient diagnostic
and therapeutic services for a variety of medical conditions, both
surgical and non-surgical, to a wide population group.[BN]
The Defendant is represented by:
Peter J. Butler, Jr., Esq.
Richard G. Passler, Esq.
Thomas M. Benjamin, Esq.
BREAZEALE, SACHSE & WILSON, L.L.P.
909 Poydras Street
Suite 1500
New Orleans, LA 70112
Telephone: (504) 619-1800
E-mail: Peter.Butler@bswllp.com
Richard.Passler@bswllp.com
Thomas.Benjamin@bswllp.com
- and -
Thomas R. Temple, Jr., Esq.
BREAZEALE, SACHSE & WILSON, L.L.P.
301 Main Street
Suite 2300
Baton Rouge, LA 70801
Telephone: (225) 387-4000
E-mail: Thomas.Temple@bswllp.com
EMBER TECHNOLOGIES: Filing of Bid to Dismiss Gutman Suit Due Dec. 1
-------------------------------------------------------------------
In the class action lawsuit captioned as Gutman v. Ember
Technologies, Inc., Case No. 1:25-cv-02436 (E.D.N.Y., Filed May 2,
2025), the Hon. Judge Nicholas G. Garaufis entered an order setting
the following briefing schedule for Defendants' motions to dismiss:
-- The Defendants' motions to dismiss due Dec. 1, 2025
-- The Plaintiff's oppositions due by Dec. 22, 2025
-- The Defendants' replies due January 12, 2026.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Ember is a design-led temperature control brand and technology
platform.[CC]
EMISPHERE TECHNOLOGIES: Shane Appeals Suit Dismissal to 3rd Circuit
-------------------------------------------------------------------
HILARY SHANE, et al. are taking an appeal from a court order
dismissing the lawsuit entitled Hilary Shane, et al., individually
and on behalf of all others similarly situated, Plaintiffs, v.
Emisphere Technologies Inc, et al., Defendants, Case No.
2:23-cv-20898, in the U.S. District Court for the District of New
Jersey.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants under the Securities Exchange Act of
1934 on behalf of a class consisting of the Plaintiffs and other
investors that sold shares of the publicly traded common stock of
Emisphere Technologies from November 6, 2020.
On May 28, 2025, the Plaintiffs filed a second amended complaint,
which the Defendants moved to dismiss on June 20, 2025.
On Sept. 30, 2025, Judge Susan D. Wigenton entered an Order
granting the Defendants' motion to dismiss.
The Court concludes that further amendment would be futile as it
relates to Lead Plaintiffs. The Plaintiffs purchased their shares
after the Proxy was issued. Accordingly, dismissal of the Lead
Plaintiffs' claims is with prejudice. This dismissal, however, is
limited to the named Lead Plaintiffs and does not bind absent class
members who were not parties to this action.
The appellate case is entitled Hilary Shane, et al. v. Emisphere
Technologies Inc, et al., Case No. 25-3140, in the United States
Court of Appeals for the Third Circuit, filed on November 6, 2025.
[BN]
Plaintiffs-Appellants HILARY SHANE, et al., individually and on
behalf of all others similarly situated, are represented by:
Joseph J. DePalma, Esq.
LITE DEPALMA GREENBERG & AFANADOR
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
Defendants-Appellees EMISPHERE TECHNOLOGIES INC., et al. are
represented by:
Samuel I. Portnoy, Esq.
GIBBONS
One Gateway Center
1145 Raymond Plaza West
Newark, NJ 07102
Telephone: (973) 596-4909
- and -
Kevin H. Marino, Esq.
John D. Tortorella, Esq.
MARINO TORTORELLA & BOYLE
437 Southern Boulevard
Chatham Township, NJ 07928
Telephone: (973) 824-9300
- and -
Joseph L. Buckley, Esq.
Jeffrey J. Greenbaum, Esq.
Peter C. Urmston, Esq.
SILLS CUMMIS & GROSS
The Legal Center
One Riverfront Plaza
Newark, NJ 07102
Telephone: (973) 643-7000
- and -
Ian S. Marx, Esq.
GREENBERG TRAURIG
500 Campus Drive, Suite 400
Florham Park, NJ 07932
Telephone: (973) 360-7900
ENCORE SENIOR: Filing for Class Cert Bid Due April 10, 2026
-----------------------------------------------------------
In the class action lawsuit captioned as KRISTIE MOE, v. ENCORE
SENIOR LIVING, et al., Case No. 2:24-cv-01246-LA (E.D. Wis.), the
Hon. Judge Lynn Adelman entered a scheduling conference order:
1. The parties may join additional parties and amend pleadings
without further leave of the court through Dec. 5, 2025.
2. The Plaintiff will file a motion for court-authorized notice
pursuant to 29 U.S.C. section 216(b) on or before April 10,
2026.
3. The Plaintiff will file a motion for class certification
pursuant to Fed. R. Civ. P. 23 and a motion for collective
certification pursuant to 29 U.S.C. § 216(b) on or before
Apr. 10, 2026.
4. The court expects counsel to confer and make a good faith
effort to settle the case.
Encore operates several communities for seniors in southwest region
of the United States.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=v1HVLF at no extra
charge.[CC]
EVERCOMMERCE INC: Continues to Defend Delaware Securities Suit
--------------------------------------------------------------
EverCommerce Inc. disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend the putative class
action lawsuit pending in a Delaware court.
On January 31, 2024, plaintiff Vladimir Gusinsky Revocable Trust
filed a putative class action lawsuit in the Court of Chancery of
the State of Delaware against the Company, members of its Board and
the other parties to its sponsor stockholders agreement, dated June
30, 2021, Providence Strategic Growth II L.P., Providence Strategic
Growth II-A L.P., SLA Eclipse Co-Invest, L.P., and SLA CM Eclipse
Holdings, L.P. (collectively, the "Sponsor Stockholders"),
captioned Vladimir Gusinsky Revocable Trust v. Eric Remer, Penny
Baldwin, et. al., Case No. 2024-0077 (Del Ch.).
The complaint generally alleges violations of Section 141(a) of the
Delaware General Corporation Law ("DGCL") by providing the Sponsor
Stockholders with a veto right over the Board's ability to hire or
fire the Company's Chief Executive Officer (the "CEO Approval
Right") on the basis that it unlawfully limits the Board's
authority to manage the business and affairs of the Company.
The plaintiff seeks declaratory judgment that the CEO Approval
Right is invalid and void, other declaratory and equitable relief
for the class and/or the Company, attorneys' and experts' witness
fees and other costs and expenses, and other equitable relief. On
June 14, 2024, the Company filed its opening brief in support of
its Motion to Dismiss, and on July 15, 2024, Plaintiff opposed that
motion. On July 16, 2024, the Court entered a stipulation and order
dismissing the director defendants from the action. On August 29,
2024, the remaining defendants, the Company and Sponsor
Stockholders (collectively, "Defendants"), filed their reply in
support of the Motion to Dismiss, and pursuant to a stipulation
between the parties, Plaintiff filed a sur-reply on September 26,
2024, which Defendants filed a response to on October 10, 2024. On
October 15, 2024, Defendants filed a Motion to Dismiss for Lack of
Subject Matter Jurisdiction, arguing that the claims alleged are
not ripe for adjudication and on November 15, 2024 Plaintiff
opposed that motion. On December 9, 2024, Defendants filed their
reply in support of the Motion to Dismiss for Lack of Subject
Matter Jurisdiction.
On January 3, 2025, the Court entered a minute order deferring oral
argument on the pending Motion to Dismiss until after the
disposition of the appeal in Moelis & Company v. West Palm Beach
Firefighters' Pension Fund, Case No. 340, 2024 (Del. Supr.).
The Company believes it has meritorious defenses to the claims of
the plaintiff and members of the class and any liability for the
alleged claims is not currently probable and the potential loss or
range of loss is not reasonably estimable.
EVERGY INC: Faces Nuclear Antitrust Suit in Maryland
----------------------------------------------------
Evergy, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it is facing a nuclear antitrust lawsuit
in a Maryland court.
In July 2025, a class action complaint was filed in the U.S.
District Court for the District of Maryland alleging violations of
the Sherman Antitrust Act in establishing wages for employees at
nuclear facilities since 2003. The complaint names 28 defendants,
including all 26 owner operators of nuclear facilities in the
United States, or affiliated entities, including Wolf Creek Nuclear
Operating Corporation, which owns and operates Wolf Creek, a
nuclear facility in Kansas. Evergy indirectly owns 94% of Wolf
Creek, with Evergy Kansas Central and Evergy Metro each owning 47%
of the nuclear facility.
This case is at a preliminary stage and the Evergy Companies are
unable to assess the outcome or reasonably estimate any possible
damages with respect to the claims.
EXICURE INC: "Colwell" Settlement Has Final Court Approval
----------------------------------------------------------
Exicure, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that the settlement in the Colwell v. Exicure,
Inc. et al., has received final court approval.
The Company and certain of its current and former officers and
directors were defendants in Colwell v. Exicure, Inc. et al., a
securities class action in the United States District Court for the
Northern District of Illinois (Case No. 1:21-cv-06637) (the
"Securities Class Action"). On May 26, 2023, plaintiffs filed a
second amended complaint generally alleging that the defendants
made false statements about the results of experiments concerning
the drug XCUR-FXN and asserting claims for violations of federal
securities laws under Section 10(b) and Section 20(a) of the
Exchange Act and Rule 10b-5 thereunder. On October 8, 2024, the
court granted preliminary approval of the settlement in the
Securities Class Action and set a schedule for final approval
proceedings, including a final approval hearing on January 13,
2025. On January 13, 2025, the court entered final judgment
approving a settlement of this litigation, which settlement
included a $5,625,000 payment.
The settlement will be fully covered by insurance. However, the
settlement includes a reservation of rights by the insurers against
the Company for the unsatisfied portion of its self-insured
retainer. As a result, the Company recorded an accrual as of
September 30, 2024 for the amount of the unsatisfied retainer of
approximately $1,100,000 needed to bridge the $2,500,000 retainer
that the Company is liable for under its self-insured retention. On
July 29, 2025, the Company entered into an agreement with the
insurer to remit $1,000,000 in order to satisfy the remaining
balance of its self-insured retention obligation and paid this on
August 13, 2025.
EXPERIAN INFORMATION: Cross Appeals Keller Suit Order to 4th Cir.
-----------------------------------------------------------------
EXPERIAN INFORMATION SOLUTIONS, INC. is taking a cross appeal in
the lawsuit entitled Eric Keller, individually and on behalf of all
others similarly situated, Plaintiff, v. Experian Information
Solutions, Inc., Defendant, Case No. 1:23-cv-00409-TDS-LPA, in the
U.S. District Court for the Middle District of North Carolina.
In this putative class action, Plaintiff Eric Keller seeks recovery
from Defendant Experian Information Solutions, Inc. under the Fair
Credit Reporting Act (FCRA) for Experian's alleged failure to
timely reinvestigate disputed information in his file.
On July 27, 2023, the Plaintiff filed an amended complaint, which
the Defendant moved to dismiss for lack of Article III standing on
Nov. 4, 2024.
On Sept. 23, 2025, Judge Thomas D. Schroeder entered an Order
granting the Defendant's motion to dismiss. The Plaintiff's amended
complaint is dismissed without prejudice. Experian's motion for
judgment on the pleadings, Keller's motion for leave to amend, and
Experian's motion for a protective order and motion to quash
Keller's request for entry are denied without prejudice.
In sum, the Court ruled that there is simply no party who has
alleged an injury in fact that can fairly be traced to Experian's
challenged conduct, specifically, its suspicious mail policy. Thus,
dismissal is warranted.
On Oct. 22, 2025, the Plaintiff appealed the Sept. 23 Order.
The appellate case is entitled Eric Keller v. Experian Information
Solutions, Inc., Case No. 25-2357, in the United States Court of
Appeals for the Fourth Circuit, filed on November 10, 2025. [BN]
Plaintiff-Appellee ERIC KELLER, individually and on behalf of all
others similarly situated, is represented by:
David Chami, Esq.
CONSUMER JUSTICE LAW FIRM PLC
8095 North 85th Way
Scottsdale, AZ 85258
Telephone: (480) 626-2359
- and -
Jed Robert Nolan, Esq.
Benjamin Matthew Sheridan, Esq.
KLEIN & SHERIDAN
3566 Teays Valley Road
Hurricane, WV 25266
Telephone: (304) 562-7111
- and -
Susan Mary Rotkis, Esq.
CONSUMER ATTORNEYS
2290 East Speedway Boulevard
Tucson, AZ 85719
Telephone: (602) 807-1504
Defendant-Appellant EXPERIAN INFORMATION SOLUTIONS, INC. is
represented by:
Caren D. Enloe, Esq.
SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP
P.O. Box 176010
Raleigh, NC 27619
- and -
Christopher A. Hall, Esq.
JONES DAY
110 North Wacker Drive
Chicago, IL 60606
- and -
John Alexander Vogt, Esq.
JONES DAY
3161 Michelson Drive
Irvine, CA 92612
EXPRESS SCRIPTS: Court Strikes Class Action Allegations
-------------------------------------------------------
In the class action lawsuit captioned as LACKIE DRUG STORE, INC.,
on Behalf of Itself and Arkansas Similarly Situated, v. EXPRESS
SCRIPTS, INC., ESI MAIL ORDER PROCESSING, INC., ESI MAIL PHARMACY
SERVICE, INC., and EXPRESS SCRIPTS PHARMACY, INC., Case No.
4:23-cv-01669-MAL (E.D. Mo.), the Hon. Judge Lanahan entered an
order:
1. Granting the motion to strike class action allegations;
2. Granting the motion to dismiss all claims against the
defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy
Service, Inc., and Express Scripts Pharmacy, Inc.;
3. Granting the motion to dismiss Counts II, IV, and V; and
4. Denying the motion to dismiss Count I and III.
Lackie is an independent retail pharmacy with its principal place
of business in Lonoke, Arkansas
Express is a pharmacy benefit management (PBM) organization.
A copy of the Court's memorandum and order dated Nov. 18, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=bNrfGj
at no extra charge.[CC]
FASTLY INC: Continues to Defend Securities Suit in California
-------------------------------------------------------------
Fastly, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself in the
securities class action lawsuit pending in a California court.
On May 24, 2024, a purported securities class action lawsuit was
filed in the United States District Court for the Northern District
of California, captioned Ken Kula v. Fastly, Inc., et al. (Case No.
4:24-cv-03170), naming the Company and certain of its officers as
defendants. Motions for lead plaintiff were filed on July 23, 2024.
On August 22, 2024, the court appointed lead plaintiff ("Lead
Plaintiff") and lead counsel. On November 1, 2024, Lead Plaintiff
filed an amended complaint.
The amended complaint alleges violations of Section 10(b) and 20(a)
of the Exchange Act purportedly on behalf of all those who
purchased or acquired Fastly securities between November 15, 2023
and August 7, 2024. The complaint seeks unspecified compensatory
damages, and other relief.
Defendants filed a motion to dismiss on January 15, 2025. Lead
Plaintiff filed an opposition to the defendants' motion to dismiss
on March 17, 2025. Defendants filed a reply in support of the
motion to dismiss on April 30, 2025. On September 24, 2025, the
court issued an order granting in part and denying in part the
motion to dismiss. On October 24, 2025, Lead Plaintiff filed a
second amended complaint.
Defendants' motion to dismiss is due December 9, 2025, Lead
Plaintiff's opposition is due January 26, 2026, and Defendants'
reply is due February 19, 2026. A hearing has not yet been
scheduled on Defendants' anticipated motion to dismiss the second
amended complaint.
It is possible that additional lawsuits will be filed, or
allegations made by stockholders, regarding these same or other
matters and also naming as defendants the Company and its officers
and directors.
FEDERAL SAVINGS: Appeals Class Cert. Order in Anthony TCPA Suit
---------------------------------------------------------------
THE FEDERAL SAVINGS BANK, et al. are taking an appeal from a court
order granting the Plaintiff's motion to certify class in the
lawsuit entitled Michael Anthony, individually and on behalf of all
others similarly situated, Plaintiff v. The Federal Savings Bank,
et al., Defendants, Case No. 1:21-cv-02509, in the U.S. District
Court for the Northern District of Illinois.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for violations of the Telephone
Consumer Protection Act.
On Sept. 23, 2025, the Court granted the Plaintiff's motion to
certify class.
On Oct. 7, 2025, the Defendant filed a motion for reconsideration
of the Sept. 23 Order.
The appellate case is entitled Michael Anthony v. The Federal
Savings Bank, et al., Case No. 25-8030, in the United States Court
of Appeals for the Seventh Circuit, filed on November 7, 2025.
[BN]
Plaintiff-Respondent MICHAEL ANTHONY, individually and on behalf of
all others similarly situated, is represented by:
Thomas A. Zimmerman, Jr., Esq.
Jeffrey D. Blake, Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Email: tom@attorneyzim.com
jeff@attorneyzim.com
- and -
Mark L. Javitch, Esq.
JAVITCH LAW OFFICE
3 East 3rd Avenue, Suite 200
San Mateo, CA 94401
Email: mark@javitchlawoffice.com
Defendants-Petitioners THE FEDERAL SAVINGS BANK, et al. are
represented by:
Steven M. Hartmann, Esq.
SMITH, GAMBRELL & RUSSELL, LLP
155 N. Wacker Drive, Suite 3000
Chicago, IL 60606
Telephone: (312) 360-6000
Email: shartmann@sgrlaw.com
- and -
Amanda Witts, Esq.
Ari Karen, Esq.
Sean Hennessy, Esq.
MITCHELL SANDLER PLLC
2020 K. Street NW, Suite 760
Washington, DC 20006
Telephone: (202) 886-5260
Email: v.awitts@mitchellsandler.com
akaren@mitchellsandler.com
shennessy@mitchellsandler.com
FEDEX GROUND: Sullivan-Blake Seeks Delivery Drivers' Unpaid OT
--------------------------------------------------------------
ANGEL SULLIVAN-BLAKE and HORACE CLAIBORNE, on behalf of themselves
and others similarly situated, Plaintiffs v. FEDEX GROUND PACKAGE
SYSTEM, INC., Defendant, Case No. 1:25-cv-03419-MJM (W.D. Pa.,
October 14, 2025) is a class action against the Defendant for
failing to pay proper overtime to Plaintiffs in violation of the
Fair Labor Standards Act.
The collective action lawsuit is brought by the Plaintiffs, on
behalf of themselves and other similarly situated individuals, who
have been employed by FedEx through intermediary employers to
perform delivery services on FedEx's behalf and who have been
eligible to receive overtime pay but have not been paid
time-and-a-half compensation for their hours worked in excess of 40
hours per week.
Plaintiffs Sullivan-Blake and Claiborne worked as delivery drivers
for FedEx through an intermediary entity that FedEx calls an
independent service provider.
FedEx is a Delaware corporation with its principal place of
business in Coraopolis, Pennsylvania. FedEx has engaged in the
business of the delivery of packages nationwide and within the
state of Pennsylvania.[BN]
The Plaintiffs are represented by:
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: pwinebrake@winebrakelaw.com
- and -
Shannon Liss-Riordan, Esq.
Michelle Cassorla, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: sliss@llrlaw.com
mcassorla@llrlaw.com
FIGS INC: Appeal from Dismissal of Securities Suit Remains Pending
------------------------------------------------------------------
FIGS, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that the appeal from the order dismissing the
putative securities class action remains pending with the United
States Court of Appeals for the Ninth Circuit.
"The putative securities class action filed in November 2022
against the Company and certain of its executive officers and
directors in the United States District Court for the Central
District of California was dismissed with prejudice by the court in
January 2025 with judgment against the plaintiffs entered by the
court on February 13, 2025. Plaintiffs have filed a notice of
appeal from that dismissal and briefing on the appeal is ongoing.
The related derivative suits against the Company and certain of its
executive officers and directors are currently pending.
"On November 1, 2022, a putative class action complaint was filed
against us and certain of our executive officers and directors in
the United States District Court for the Central District of
California alleging, among other things, violations of the
Securities Act and Exchange Act for allegedly making false and
misleading statements in our IPO in May 2021 and thereafter. An
additional putative class action complaint was filed against us,
certain of our executive officers and directors, stockholders and
the underwriters to our IPO, in the United States District Court
for the Central District of California on December 8, 2022, making
similar allegations to the previously referenced purported class
action. On February 14, 2023, the court consolidated the two
complaints and appointed lead plaintiffs. On April 10, 2023, the
lead plaintiffs filed a consolidated amended complaint against us,
certain of our executive officers and directors, stockholders and
the underwriters to our IPO, alleging, among other things,
violations of the Securities Act and Exchange Act for allegedly
making false and misleading statements between May 27, 2021 and
February 28, 2023 with respect to our ability to predict customer
demand and to manage our supply chain, inventory, air freight usage
and costs (the "Class Action Securities Litigation"). The complaint
sought unspecified compensatory damages and attorney's fees and
costs. On May 25, 2023, defendants filed a motion to dismiss the
consolidated amended complaint. On January 17, 2024, the court
granted the motion in its entirety as to all defendants, dismissed
the case without prejudice, and granted plaintiffs leave to amend
the complaint. On March 19, 2024, plaintiffs filed an amended
complaint alleging violations of the Securities Act and Exchange
Act similar to those alleged in the previously dismissed amended
complaint. On May 3, 2024, defendants filed a motion to dismiss the
amended complaint. On January 10, 2025, the court granted the
motion in its entirety as to FIGS and the executive officer and
director defendants, dismissed certain claims with prejudice and
granted plaintiffs leave to amend the complaint further as to the
remaining claims. Thereafter, plaintiffs declined to file an
amended complaint and the court entered judgment against the
plaintiffs on February 13, 2025.
"Plaintiffs have filed a notice of appeal from the dismissal with
the United States Court of Appeals for the Ninth Circuit, and
briefing in that appeal is complete," the Company stated.
FIRSTKEY HOMES: Must Produce Emails in "Harper" Wage&Hour Suit
--------------------------------------------------------------
In the case captioned as Taki Harper, et al., Plaintiffs, v.
FirstKey Homes, LLC, Defendant, No. 3:25-CV-642-L-BW (N.D. Tex.),
United States Magistrate Judge Brian McKay of the United States
District Court for the Northern District of Texas granted in part
and denied in part the Plaintiffs' motion to compel discovery. The
Plaintiffs' motion to compel is granted in part and denied in part.
FirstKey is ordered to produce emails drafted, sent, and received
by the named and opt-in Plaintiffs and is ordered to produce
Plaintiffs' activity records from software platforms Yardi, Vonage
and InContact, Lead, and Zendesk.
Plaintiffs Taki Harper, Shawnte Leigh, and Kelly Williams, on
behalf of themselves and others including opt-in plaintiffs, filed
this collective action under 29 U.S.C. Section 216(b) against
Defendant FirstKey Homes, LLC alleging claims for unpaid time under
the Fair Labor Standards Act. On June 10, 2025, the Court entered
an initial scheduling order that provides for pre-notice discovery,
consistent with Swales v. KLLM Transport Services, L.L.C., 985 F.3d
430 (5th Cir. 2021), so the parties may assess the plaintiffs'
similarity of situation. The Plaintiffs' motion to compel, in
relevant part, seeks the production of all of Plaintiffs' emails
and records showing their use of Defendant's software platforms.
At issue in the motion are two requests for production. RFP No. 4
seeks all emails for Plaintiffs in a searchable PDF format and in
chronological order, which includes all emails received or sent by
Plaintiffs, regardless if deleted or not, and regardless of whether
kept in a specific sub-folder; deleted drafts created by
Plaintiffs; all attachments to any of the foregoing; and to the
extent not readily identifiable by the email itself, all data
necessary to determine time/date created, sent, received and read.
RFP No. 10 seeks all transaction records, software activity
records, software login and logout records, and documents
reflecting Plaintiffs' usage of any computer/software system
utilized by Plaintiffs in performing their work duties during the
relevant time period, including all documents reflecting the time
Plaintiffs access any such systems/software, including but not
limited to Yardi, RentCafe, Dynamics 365, Dynamics CRM, Outlook,
Teams, Keyper Wire Chat, Slack, Vonage, inContact, and Skype.
The Court first considered Plaintiffs' request for their emails.
The Plaintiffs assert that the emails are necessary for two
purposes at this stage: first, they argue that the timing of the
emails would show similarity among them by establishing that they
worked hours outside scheduled hours and during their lunch breaks;
second, they contend that the substance of the emails would show
substantial similarity in tasks performed. The Defendant has
collected emails for the named Plaintiffs and has offered to
provide data showing the date and time of all emails sent by
Plaintiffs for their comparison to time records, and produce
responsive emails returned by agreed-upon search terms.
The Court found that Plaintiffs have demonstrated that at least
some of the documents requested are relevant, noting that whether
Plaintiffs were similarly required to work during off hours or
lunchbreaks is relevant to the notice issues discussed in Swales.
The Court was unpersuaded by FirstKey's argument of undue burden
for two primary reasons. First, it does not provide evidence from
which the Court may find that the onerousness of the production is
disproportionate to the needs of this case. Second, even accepting
FirstKey's representations about the volume of named Plaintiffs'
emails, its argument against production is constructed on a burden
that it need not undertake. The Court noted that Plaintiffs
expressed their expectation that FirstKey will produce the emails
under a blanket confidentiality designation and their willingness
to accept them that way. With this, FirstKey's burden argument
largely falls away. Accordingly, the Plaintiffs' motion is granted
as to RFP No. 4.
Judge Brian observed that RFP No. 10 seeks transaction data that
concerns Plaintiffs' use of FirstKey's systems to accomplish their
work. The Plaintiffs argue that software activity records are
essential to showing their work hours and when they performed work
activities. FirstKey has agreed to produce activity records for
Yardi, Vonage and InContact, Lead, and Zendesk. It has offered to
produce documents from Outlook and Teams that are responsive to
agreed-upon search terms, and it has resisted the production of
information from Dynamics. FirstKey argues that producing all the
requested software data is unduly burdensome, and it supports its
argument with the affidavit testimony of its chief information
officer providing some detail concerning the work that would be
necessary to produce the information requested.
The Plaintiffs' motion was granted with respect to the production
of activity records for Yardi, Vonage and InContact, Lead, and
Zendesk. Considering the parties' arguments and the evidence
produced, and particularly the full production of Plaintiffs'
emails, the Court concluded that the full production of additional
Outlook and Teams data is disproportionate to Plaintiffs' needs in
this case. FirstKey is ordered to produce Outlook and Teams
messages responsive to agreed-upon search terms. The Court directed
the parties to negotiate search terms to be applied to the instant
messages. The Court denied the motion with respect to data from
Dynamics, noting that although Plaintiffs generally characterize
the discovery as essential, they have not demonstrated how the data
from this particular platform, considering the data ordered
produced by this order, outweighs the burden of its collection and
production.
The Plaintiffs state in their motion that FirstKey, in response to
interrogatories, served a litany of general and boilerplate
objections and refused to fully answer any of the interrogatories.
Based on the information provided in the Joint Status Report and
hearing, the Court concluded that attempts to resolve the issues
through attorney conference have not yet been exhausted. The Court
denied the motion to compel without prejudice with respect to
Defendant's responses to interrogatories.
A copy of the Court's decision ordered November 17 is available at
https://urlcurt.com/u?l=ksJAnF from PacerMonitor.com
FLAGSTAR BANK: Awaits Prelim OK of Settlement in Cyber Breach Suits
-------------------------------------------------------------------
Flagstar Bank, National Association, disclosed in a Form 10-Q
Report for the quarterly period ended September 30, 2025, filed
with the U.S. Securities and Exchange Commission that it awaits
preliminary approval of a settlement in the cyber breach lawsuits.
"Flagstar has been named as a defendant in three different sets of
purported class actions related to three separate cyber breach
incidents. Flagstar has vigorously defended these actions and also
intends to vigorously defend any future or related actions. The
first set, captioned Phillip Angus et al v. Flagstar Bank, Case No.
2:21-cv-10657-MFL-DRG, filed in the United States District Court
for the Eastern District of Michigan, relates to a data breach that
occurred in January 2021, after threat actors exploited
vulnerabilities in a File Transfer Appliance (FTA) used by Flagstar
Bancorp, which was acquired by Flagstar in December 2022, to gain
access to confidential customer information. The action seeks
unspecified compensatory damages to be proven at trial and alleges
breach of implied-in-fact contract, breach of confidence and public
disclosure of private fact and also violations of various
California consumer protection laws. On March 27, 2025, the court
granted Flagstar's motion to dismiss as to certain allegations and
denied Flagstar's motion to dismiss as to certain other
allegations. On April 4, 2025, the court entered a stipulated Order
to Stay Proceedings Pending Mediation. The order stayed the matter
for 90 days, to allow the parties to participate in mediation to
resolve both this matter and the In re: Flagstar December 2021 Data
Security Incident Litigation matter.
"The second set, captioned In re: Flagstar December 2021 Data
Security Incident Litigation, Case No. 2:22-cv-11385 is comprised
of twenty purported class action lawsuits that were consolidated
into a single action filed on June 23, 2023, in the United States
District Court for the Eastern District of Michigan, and relates to
a cyber breach of Flagstar Bancorp's information technology system
that occurred in December 2021. The action seeks unspecified
compensatory damages to be proven at trial and alleges common law
and statutory claims associated with the exposure of customers'
Personally Identifiable Information (PII) as a result of the data
breach and seeks class certification. On September 30, 2024, the
court dismissed 17 of the 18 claims in the plaintiff's consolidated
complaint, allowing only the claim under the California Consumer
Privacy Act to proceed, thereby limiting participation in the
action to California class members. On April 4, 2025, the court
entered a stipulated Order to Stay Proceedings Pending Mediation.
The order stayed the matter for 90 days, to allow the parties to
participate in mediation to resolve this matter and the Phillip
Angus et al v. Flagstar Bank matter, discussed above.
"On August 8, 2025, the parties reached a global settlement for
both In re: Flagstar December 2021 Data Security Incident
Litigation and Phillip Angus et al v. Flagstar Bank. The
settlement, which requires court approval would fully resolve the
common law and statutory claims of all potential claimants
associated with the combined lawsuits. In order to consolidate the
two data breach cases, In re: Flagstar December 2021 Data Security
Incident Litigation was reassigned to the judge presiding over
Phillip Angus et al v. Flagstar Bank. An order was issued on August
25, 2025, closing out In re: Flagstar December 2021 Data Security
Incident Litigation and consolidating the two cases into the Angus
matter (Case No. 2:21-cv-10657 (E.D. Mich.). As part of the global
settlement process, Plaintiffs first filed a consolidated class
action complaint on September 24, 2025 and then, on October 1,
2025, filed an unopposed Motion for Preliminary Approval of Class
Settlement with the Court.
"We await the Court's approval of the Motion for Preliminary
Approval," the Company stated.
FLAGSTAR BANK: Continues to Defend Securities Suit in New York
--------------------------------------------------------------
Flagstar Bank, National Association, disclosed in a Form 10-Q
Report for the quarterly period ended September 30, 2025, filed
with the U.S. Securities and Exchange Commission that it continues
to defend the consolidated securities lawsuit pending in a New York
court.
"Flagstar and certain former executive officers of Flagstar and
certain current and former directors of Flagstar have been named as
defendants in a consolidated purported shareholder class action
captioned Lemm, Jr. v. New York Community Bancorp, Inc., et al.,
Case No. 1:24-cv-00903, filed on February 6, 2024 (and later
amended on September 6, 2024) in the United States District Court
for the Eastern District of New York. This action seeks unspecified
compensatory damages to be proven at trial, alleges violations of
the federal securities laws, including Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 (the "Exchange Act") and SEC
Rule 10b-5, with respect to disclosures concerning our business,
operations and prospects, particularly regarding the impact of the
Flagstar Bancorp and Signature transactions and the Bank's CRE loan
portfolio and related matters, that were made in our public SEC
filings and press releases during the period beginning on July 27,
2022 and ending on February 29, 2024. In addition, plaintiffs
allege claims of violations of various federal securities laws
related to the registration statement filed by NYCB in connection
with its merger with Flagstar in 2022.
"On December 19, 2024, another purported shareholder of Flagstar
filed an additional purported shareholder class action, captioned
Garfield v. Flagstar Financial, Inc. et al., Case No.
1:24-cv-08655, in the United States District Court for the Eastern
District of New York against the Company and certain current and
former directors and executive officers of Flagstar. This
additional purported class action alleged substantially the same
claims as those set forth in the Lemm complaint and the plaintiff
has filed a motion to consolidate this matter with the Lemm matter.
On April 28, 2025, the Court entered a stipulated order
consolidating the Lemm and Garfield matters. The action formerly
known as Lemm was then recaptioned by the Court to In re: New York
Community Bancorp, Inc. Securities Litigation.
"We are vigorously defending the allegations set forth in the
purported class action complaints and also intend to vigorously
defend any related actions," the Company stated.
FOREST RIVER: Court Certifies Class of Montana Owners of RVs
------------------------------------------------------------
In the class action lawsuit captioned as JAY NELSON, individually
and on behalf of all others similarly situated, v. FOREST RIVER,
INC., Case No. 4:22-cv-00049-BMM (D. Mont.), the Hon. Judge Morris
entered an order that:
1) Nelson's motion for reconsideration of nationwide class
certification is denied in part and granted in part. The
Court will not certify a Montana class of all Forest River
Towable RVs. The Court will certify a class of Montana owners
of Forest River Fifth Wheel RVs.
2) The Montana Class shall consist of:
"all persons in Montana who own a Forest River Fifth Wheel RV
other than for resale or distribution."
The Court determined that Forest River had presented a reasonable
reading of the safety standards. (Doc. 208.) Nelson now attempts to
present new arguments on the reading of the RVIA 3-1 and 3-5 safety
standards. Nelson's previous briefings lacked arguments to rebut
Forest Rivers contentions that the standards applied differently if
the wiring entered the RV.
The Court declines now to apply statutory interpretation to the
RVIA safety standards as argued by Nelson, as Nelson could have
made these arguments in its reply brief in support of the motion
for class certification.
Even if Forest River's reading of RVIA 3-1 and 3-5 proves
unreasonable, this finding would not change the Court’s class
certification analysis. The common question in this case cannot
simply be whether Forest River failed to follow the safety
standards set out in the RVIA.
The parties dispute the safety standards application to different
Towable RVs, Forest River’s adherence to these standards, and the
safety standards interpretation. With the dispute as to the
difference in wiring of the various model of Towable RVs, a broad
“yes” answer would not resolve the dispute at a class wide
level that included all Towable RVs. Like Nissan, wherein the
defendant’s expert noted that the brake-related warranty claim
rates varied widely across vehicle model and software update level
to defeat commonality, the thermal event related warranty claim
rates varied across the Towable RV models, type, and manufacturer.
Some Towable RV models appear to have higher rates of warranty
claims related to thermal events, while other Towable RV models
appear not to have wiring issues at high rates. This variation
indicates that different claimants experience different defects
and/or harm depending on the make, model, type, and the wiring of
the Towable RV. The parties also continue to dispute the variation
in wiring schematics across the Towable RV models. Nelson 25 Case
4:22-cv-00049-BMM Document 241 Filed 11/18/25 Page 26 of 26 has not
established that one common question, answer, or defect exists
across a class of all Forest River Towable RVs.
Nelson alleges in his Fourth Amended Complaint (FAC) that Forest
River failed to disclose violations of the applicable standards,
actively concealed the violations, and refused to remedy adequately
the resulting wiring defects.
The Court denied Nelson's motion to certify a nationwide class of
all Forest River Towable RV's.
The Court certified pursuant to Fed. R. Civ. P 23(b)(3) a narrower
class of:
"All persons in Montana who own a Forest River Cedar Creek
Fifth Wheel RV or a Forest River Puma Fifth Wheel RV other
than for resale or distribution."
Forest is an American manufacturer of recreational vehicles, cargo
trailers, utility trailers, pontoon boats, and buses.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gQJKdY at no extra
charge.[CC]
FORTINET INC: Faces Securities Suit in California
-------------------------------------------------
Fortinet, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it is facing a securities class action in
a California court.
"On September 22, 2025, a securities class action was filed against
us, our chief executive officer, our chief technology officer, our
current chief financial officer and our former chief financial
officer in the United States District Court, Northern District of
California, captioned Oklahoma Firefighters Pension and Retirement
System v. Fortinet, Inc., et al., Case No. 5:25-cv-08037. On
October 16, 2025, a securities class action was filed against us,
our chief executive Officer, our current chief financial officer
and our former chief financial officer in the same court, captioned
State of Rhode Island Office of the General Treasurer v. Fortinet,
Inc., et al., Case No. 3:25-cv-08888. These suits are brought on
behalf of an alleged class of stockholders who purchased or
acquired shares of our common stock between November 8, 2024
through August 6, 2025.
"The complaints allege that defendants made false or misleading
statements about our business, operations and prospects, including
regarding the 2026 firewall refresh cycle, and purport to assert
claims under Sections 10(b) and 20(a) of the Exchange Act. The time
to respond to the complaints has not yet passed.
"We believe these cases are without merit and defendants intend to
defend the suits vigorously. Based on the preliminary nature of the
proceedings in these cases, the outcome of these matters remains
uncertain and we cannot estimate the potential impact, if any, on
its business or financial statements at this time. Accordingly, no
loss accrual was recorded as of September 30, 2025 related to these
litigations," the Company stated.
FOX FACTORY: Bid to Dismiss Georgia Securities Suit Remains Pending
-------------------------------------------------------------------
Fox Factory Holding Corp. disclosed in a Form 10-Q Report for the
quarterly period ended October 3, 2025, filed with the U.S.
Securities and Exchange Commission that its motion to dismiss the
second amended complaint in a federal securities class action
remains pending.
On February 20, 2024, a complaint alleging violations of federal
securities laws and seeking certification as a class action was
filed against the Company and certain of its current and former
officers in the United States District Court for the Northern
District of Georgia in Atlanta. On August 16, 2024, the plaintiff
filed an amended complaint that purported to seek damages on behalf
of a putative class of persons who purchased the Company's common
stock between May 6, 2021 and November 2, 2023.
The amended complaint asserted claims under Sections 10(b) and 20
of the Securities Exchange Act and alleged that the Company and
certain current and former officers made material misstatements and
omissions to investors regarding demand for the Company's products
and its inventory levels. The amended complaint generally sought
money damages, interest, attorneys' fees, and other costs. On
October 15, 2024, the defendants filed a motion to dismiss the
amended complaint, which plaintiff opposed.
On March 13, 2025, the Court dismissed the amended complaint but
granted plaintiff leave to file a second amended complaint. On
April 14, 2025, plaintiff filed a second amended complaint
asserting essentially the same claims and relief.
The defendants moved to dismiss the second amended complaint on May
30, 2025, which plaintiff opposed on July 14, 2025, following which
the defendants filed their reply on August 11, 2025.
The defendants deny all allegations of wrongdoing, believe the
plaintiff's positions are without merit, and intend to vigorously
defend themselves.
FUJI HANA: Class Cert Bid Referred to Magistrate Judge
------------------------------------------------------
In the class action lawsuit captioned as Lin, et al., v. Fuji Hana
Restaurant Corp., et al., Case No. 1:21-cv-03832 (E.D.N.Y., Filed
July 7, 2021), the Hon. Judge Natasha C. Merle entered an order
referring to Magistrate Judge James R. Cho motion to certify
class.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Fuji Hana is an authentic Japanese restaurant.[CC]
FULTON BANK: Fails to Provide Proper Repossession Notice, Suit Says
-------------------------------------------------------------------
LANEAN PATTERSON-ELLIS, individually and on behalf of all others
similarly situated, Plaintiff v. FULTON BANK N.A., Defendant, Case
No. 251101422 (Pa. Com. Pl., Philadelphia Cty., November 10, 2025)
is a consumer class action brought against the Defendant to redress
systemic violations of Pennsylvania's Uniform Commercial Code.
According to the complaint, Defendant Fulton Bank NA regularly
finances the purchase of automobiles for consumer use in
Pennsylvania. When the Bank believes that a consumer has defaulted
on a secured vehicle finance agreement, it repossesses and then
makes preparations to auction the vehicle. In the course of so
doing, the Bank failed to provide Plaintiff and the class with the
proper notice of repossession and disposition of collateral
required by Pennsylvania Law, including Pennsylvania's UCC.
Because self-help repossession is effected without judicial
authorization or oversight, the UCC requires secured creditors like
the Bank to adhere strictly to the Code's notice requirements.
Failure to provide proper notice of repossession of consumer goods
is a violation of the Code that yields statutory minimum damages
without evidence of harm for the Plaintiff and the class she seeks
to represent, the suit asserts.
Fulton Bank is a Pennsylvania state bank with an office for the
regular transaction of business in East Petersburg.[BN]
The Plaintiff is represented by:
Robert P. Cocco, Esq.
ROBERT P. COCCO, P.C.
1500 Walnut Street, Suite 900
Philadelphia, PA 19102
Telephone: (215) 351-0200
E-mail: bob.cocco@phillyconsumerlaw.com
GENERAC HOLDINGS: Continues to Defend Consumer Class Suit in Fla.
-----------------------------------------------------------------
Generac Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from a consumer class suit in
the United States District Court for the Middle District of
Florida.
On October 18, 2024, two individuals filed a putative consumer
class action lawsuit against Generac Power and the Company in the
Middle District of Florida (Case No. 24-cv-02412). The Amended
Complaint, which includes additional plaintiffs, alleges certain
defects for home standby generators manufactured or sold to
consumers from 2020-2024.
Plaintiffs assert breaches of warranty, tort-based, and statutory
claims relating to the sale and performance of home standby
generators.
The Company disputes the allegations and intends to vigorously
defend against the claims in the complaint, including that the case
should not proceed as a class action.
Generac Holdings Inc. is a global designer and manufacturer of a
wide range of energy technology solutions for power generation
equipment, energy storage systems, energy management devices &
solutions, and other power products and services serving the
residential, light commercial, and industrial markets.
GENERAC HOLDINGS: Continues to Defend Oakland County Class Suit
---------------------------------------------------------------
Generac Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend the Oakland County Voluntary Employees'
Beneficiary Association securities class sit in the United States
District Court for the Eastern District of Wisconsin.
On December 1, 2022, Oakland County Voluntary Employees’
Beneficiary Association and Oakland County Employees' Retirement
System filed a putative securities class action lawsuit against the
Company and certain of its officers in the Eastern District of
Wisconsin. The court subsequently consolidated a later filed action
and appointed a lead plaintiff. The lead plaintiff filed a
consolidated complaint alleging violation of federal securities law
related to disclosures of certain matters (the Oakland County
Lawsuit).
On February 7, 2025, the court granted the Company's motion to
dismiss and found that plaintiffs failed to adequately plead a
securities fraud claim. Plaintiffs filed an amended complaint on
March 10, 2025 and the Company has filed a motion to dismiss.
Generac Holdings Inc. is a global designer and manufacturer of a
wide range of energy technology solutions for power generation
equipment, energy storage systems, energy management devices &
solutions, and other power products and services serving the
residential, light commercial, and industrial markets.
GENERAC HOLDINGS: Continues to Defend Walling Securities Class Suit
-------------------------------------------------------------------
Generac Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Walling securities
class suit in the United States District Court for the Western
District of Wisconsin.
On November 21, 2023, Christopher Walling filed a putative
securities class action lawsuit against the Company and certain of
its officers in the Western District of Wisconsin and was later
appointed lead plaintiff. The complaint asserts claims for alleged
violation of federal securities law related to statements
concerning the Company's financial outlook and the impact of
macroeconomic trends on the demand for its products. The plaintiff
seeks to represent a class of individuals who purchased or
otherwise acquired common stock between May 3, 2023, and August 3,
2023, and seeks unspecified compensatory damages and other relief
on behalf of a purported class of purchasers of the Company's stock
(the Walling Lawsuit).
The Company moved to dismiss the amended complaint on June 21,
2024, and intends to vigorously defend against the claims in the
amended complaint.
Generac Holdings Inc. is a global designer and manufacturer of a
wide range of energy technology solutions for power generation
equipment, energy storage systems, energy management devices &
solutions, and other power products and services serving the
residential, light commercial, and industrial markets.
GENERAC HOLDINGS: Settlement in Consumer Suit for Court Approval
----------------------------------------------------------------
Generac Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
consumer class suit settlement is subject to the approval of the
United States District Court for the Eastern District of
Wisconsin.
On October 28, 2022, Daniel Haak filed a putative consumer class
action lawsuit against Generac Power in the Middle District of
Florida. The complaint alleges breaches of warranty, tort-based,
and unjust enrichment claims against Generac Power relating to the
sale and performance of certain clean energy products, and seeks to
recover damages, including consequential damages, that the
plaintiff and putative class allegedly incurred.
Additional putative class actions were filed by consumers raising
similar claims and allegations in other district court cases. These
putative class actions have been consolidated into a Multidistrict
Litigation, In re: Generac Solar Power Systems Marketing, Sales
Practices and Products Liability Litigation currently pending in
the Eastern District of Wisconsin, Case No. 23-md-3078. Generac
Power and plaintiffs participated in a mediation through which the
parties agreed to certain monetary and non-monetary terms to
resolve the matter on a classwide basis.
The parties will seek court approval for the classwide settlement
and Generac Power has reserved for the contemplated $15,000
settlement fund. Generac Power does not concede liability or any
charges of wrongdoing in connection with the proposed settlement.
Generac Holdings Inc. is a global designer and manufacturer of a
wide range of energy technology solutions for power generation
equipment, energy storage systems, energy management devices &
solutions, and other power products and services serving the
residential, light commercial, and industrial markets.
GEO GROUP: Awaits SCOTUS Ruling in Immigration Detainee Suit
------------------------------------------------------------
The GEO Group, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it is awaiting U.S. Supreme
Court ruling in the Aurora ICE Processing Center immigration
detainee litigation.
Civil immigration detainees at the Aurora ICE Processing Center
filed a class action lawsuit on October 22, 2014, against the
Company in the U.S. District Court for the District of Colorado.
The complaint alleges that the Company was in violation of the
Colorado Minimum Wage Act ("CMWA") and the Federal Trafficking
Victims Protection Act ("TVPA"). The complaint also claims that the
Company was unjustly enriched based on the level of payment the
detainees received for work performed in a Voluntary Work Program
("VWP") the Company is required to implement at the facility under
the terms of its contract with the federal government. On July 6,
2015, the court found that detainees were not employees under the
CMWA and dismissed this claim. On February 27, 2017, the court
granted the plaintiffs' motion for class certification on the TVPA
and unjust enrichment claims. The plaintiffs' class seeks actual
damages, compensatory damages, exemplary damages, punitive damages,
restitution, attorneys' fees and costs, and such other relief as
the court may deem proper. On October 18, 2022, the court issued an
order granting plaintiffs' motion for summary judgment on the
Company's affirmative defenses, denying the Company's motion for
summary judgment, motion to dismiss, and motion for decertification
of the class, narrowing the class period for plaintiffs' TVPA
claims, and otherwise ruling against the Company's motions for
relief. All trial dates were stayed by court order pending appeal
of certain of GEO's defenses to the Tenth Circuit Court of Appeals.
Oral argument before the Tenth Circuit was held on September 18,
2023. On October 22, 2024, the Tenth Circuit issued an Order
finding appellate review of GEO's claim of immunity was premature
and, therefore, the Tenth Circuit was currently without
jurisdiction to consider the merits of GEO's claimed immunity.
On January 13, 2025, GEO filed a Petition for Writ of Certiorari
with the United States Supreme Court seeking review of the Tenth
Circuit's decision. On June 2, 2025, the United States Supreme
Court granted GEO's Petition for Writ of Certiorari. Oral argument
before the Supreme Court was set for November 10, 2025. All trial
dates remain stayed pending a decision by the Supreme Court.
GEO GROUP: California Immigration Detainee Suit Remains Stayed
--------------------------------------------------------------
The GEO Group, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that a California immigration
detainee class action remains stayed pending a U.S. Supreme Court
ruling.
In California, a class action lawsuit was filed on December 19,
2017, by immigration detainees against the Company in the U.S.
District Court, Eastern Division of the Central District of
California. The California lawsuit alleges violations of the
state's minimum wage laws, violations of the TVPA and California's
equivalent state statute, unjust enrichment, unfair competition and
retaliation. The California court has certified a class of
individuals who have been civilly detained at the Company's
Adelanto Facility from December 19, 2014, until the date of final
judgment. On March 31, 2022, the court entered a stay until the
Ninth Circuit rules on the State of Washington lawsuits, which is
stayed pending GEO's Petition for Certiorari to the United States
Supreme Court.
GEO GROUP: Mesa Verde Immigration Detainee Suit Remains Stayed
--------------------------------------------------------------
The GEO Group, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that the Mesa Verde ICE
Processing Center immigration detainee class action remains stayed
pending a U.S. Supreme Court ruling.
Current and former detainees of the Mesa Verde ICE Processing
Center and the Golden State Annex ICE Processing Center filed a
class action lawsuit on July 13, 2022, against the Company in the
U.S. District Court for the Eastern District of California, Fresno
Division. The complaint alleges that federal detainees who
volunteer to participate in the VWP at GEO's Mesa Verde and Golden
State Annex ICE facilities are employees of GEO and entitled to the
state's minimum wage. Plaintiffs also make claims for unfair
competition, unjust enrichment, human trafficking, forced labor,
California's Private Attorneys General Act and retaliation. GEO
filed both a motion to stay the action pending the Ninth Circuit's
decision in the State of Washington lawsuits and a motion to
dismiss the action in its entirety. On July 10, 2023, the court
entered a stay until the Ninth Circuit rules on the State of
Washington lawsuits.
On February 10, 2025, the Court denied plaintiffs' request to lift
the stay until the Ninth Circuit rules on GEO's Petition for
Rehearing En Banc, which is stayed pending GEO's Petition for
Certiorari to the United States Supreme Court.
GOOGLE LLC: Rendon Sues Over Unsolicited Commercial E-Mails Ads
---------------------------------------------------------------
ISABEL RENDON, individually and on behalf of all persons similarly
situated, Plaintiff v. GOOGLE LLC, a Delaware entity; LULULEMON
ATHLETICA INC., a Delaware entity, Defendants, Case No.
30-2025-01525137-CU-MT-CXC (Cal. Super., Orange Cty., November 10,
2025) arises from the Defendants' unsolicited commercial e-mail
advertisements sent to Plaintiff in violation of the California
Business and Professions Code.
In October of 2025, the Plaintiff received a spam e-mail from
Defendant Google promoting Lululemon's products. The e-mail was
sent from mail-noreply@google.com with the subject line "Now $59 --
List Price $118, and more." The e-mail contained an embedded link
https://shop.lululemon.com.
The Plaintiff brought this suit on behalf of all natural persons
using California email addresses who received any commercial email
from Defendant Google advertising any purported discount on and
Lululemon product that contained either a forged header,
unauthorized use of a domain, or containing a materially misleading
subject line in violation of state law.
Google LLC is a multinational technology company, a subsidiary of
Alphabet Inc., that specializes in Internet-related products and
services.
Lululemon Athletica Inc. designs and retails athletic clothing
products.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrel1@pacifictrialattorneys.com
vknowles@pacifictrialattomeys.com
GOTHAM COMEDY: Agrees to Settle Ticket Pricing Suit for $716,389
----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that New York's Gotham
Comedy Club has agreed to pay up to $716,389 as part of a class
action settlement resolving a lawsuit over allegedly hidden fees
and a lack of transparency in the club's online ticket pricing.
The Gotham Comedy Club settlement agreement received preliminary
approval from the court on September 18, 2025. The deal covers
anyone in the United States who purchased electronic tickets
through ShowClix.com to any event hosted by the Gotham Comedy Club
in New York from August 29, 2022, to May 17, 2024.
The court-approved settlement website is available at
GothamComedyClubTicketFeeSettlement.com.
Settlement class members who submit a timely, valid claim form are
eligible to receive a cash payment of $4.50 for each ticket
purchased during the settlement period, court documents state.
Class members can choose to receive the cash payment by check or
electronically.
To submit a claim form online, class members can go to this page of
the settlement website and enter their unique ID and PIN found in
their class action settlement notice. Class members who prefer to
submit a claim form by mail can download it at
https://www.classaction.org/media/gothamcomedy-summerville-claimform.pdf
and mail the form to the address listed on the first page of the
document.
Gotham Comedy Club settlement class members must submit their claim
forms online or by mail by December 30, 2025.
A final approval hearing for the Gotham Comedy Club settlement is
scheduled for February 5, 2026. Compensation will begin to be
distributed to class members only after final approval is granted
and any appeals are resolved.
The Gotham Comedy Club class action lawsuit arose over the venue's
alleged practice of "ambush[ing]" online ticket buyers with a $4.50
service fee at checkout. The complaint claimed customers had no way
of discerning the true ticket prices until checkout, when they were
presented with an eight-minute countdown to complete the purchase.
The class action lawsuit argued that customers were pressured into
accepting the bogus $4.50 service fee because of the artificial
urgency created by the countdown. [GN]
GRAND CANYON EDUCATION: Ogdon Suit Ongoing in Arizona Court
-----------------------------------------------------------
Grand Canyon Education, Inc. disclosed in its Form 10-Q report for
the quarterly period ended September 30, 2025, filed with the
Securities and Exchange Commission on November 5, 2025, that a May
2020 case captioned "Ogdon v. Grand Canyon Education, Inc., et
al.," filed in in federal district court in California and later
transferred to United States District Court for the District of
Arizona is currently ongoing.
Suit asserts claims for violations of California's False
Advertising Law, Unfair Competition Law, Consumer Legal Remedies
Act; Unjust Enrichment; and purported violations of the federal
RICO statute, including a conspiracy claim. The defendants include
the company along with our chief executive officer, chief operating
officer and chief financial officer. In July 2025, the plaintiff
filed a second amended complaint and added an additional
plaintiff.
The company filed a motion to dismiss the second amended complaint
on August 19, 2025. The court has not yet ruled on the motion.
Discovery is ongoing, and there is currently no trial date
scheduled in this matter.
Grand Canyon Education, Inc. is a publicly traded education
services company dedicated to serving colleges and universities.
GRANT MONEY: Appeals Denied Motion to Stay in Revell Class Suit
---------------------------------------------------------------
GRANT MONEY, LLC, et al. are taking an appeal from a court order
denying their motion to stay in the lawsuit entitled John Revell,
individually and on behalf of all others similarly situated,
Plaintiff v. Grant Money, LLC, et al., Defendants, Case No.
3:25-cv-05994-TLT, in the U.S. District Court for the Northern
District of California.
As previously reported in the Class Action Reporter, the suit,
which was removed from the Superior Court of the State of
California, County of San Francisco, to the United States District
Court for the Northern District of California, is brought against
the Defendants for alleged violations of the Military Lending Act,
the Truth in Lending Act, and the Georgia Payday Loan Act.
On Aug. 8, 2025, the Defendants filed a motion to stay individual
claims in favor of arbitration and strike class claims, which Judge
Trina L. Thompson denied on Nov. 5, 2025.
The appellate case is entitled Revell v. Grant Money, LLC, et al.,
Case No. 25-7035, in the United States Court of Appeals for the
Ninth Circuit, filed on November 6, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 12,
2025;
-- Appellant's Appeal Transcript Order was due on November 19,
2025;
-- Appellant's Appeal Transcript is due on December 19, 2025;
-- Appellant's Opening Brief is due on January 28, 2026; and
-- Appellee's Answering Brief is due on February 27, 2026. [BN]
Plaintiff-Appellee JOHN REVELL, individually and on behalf of all
others similarly situated, is represented by:
Edwin Lee Lowther, III, Esq.
Randall K. Pulliam, Esq.
CARNEY BATES & PULLIAM, PLLC
One Allied Drive, Suite 1400
Little Rock, AR 72202
- and -
Elliot Jason Conn, Esq.
CONN LAW, PC
100 Bush Street, Suite 1580
San Francisco, CA 94104
- and -
Jacob Phillips, Esq.
JACOBSON PHILLIPS, PLLC
2277 Lee Road, Suite B
Winter Park, FL 32789
Defendants-Appellants GRANT MONEY, LLC, et al. are represented by:
Matthew P. Previn, Esq.
PAUL HASTINGS, LLP
200 Park Avenue
New York, NY 10166
- and -
Michael Morrill, Esq.
PAUL HASTINGS, LLP
71 S. Wacker Drive, 45th Floor
Chicago, IL 60606
- and -
Sean David Unger, Esq.
PAUL HASTINGS, LLP
101 California Street, 48th Floor
San Francisco, CA 94111
GREEN 70: Ruiz Seeks Conditional Certification of Collective
------------------------------------------------------------
In the class action lawsuit captioned as EDILBERTO RUIZ, on behalf
of himself, FLSA Collective Plaintiffs, and Class Members, v. GREEN
70 LLC, GREEN 84, LLC, C & V 77 ENTERPRISES, LLC, ARI KASIMIS,
PETER KASIMIS, and VASILI KARABATSOS, Case No. 1:25-cv-05777-JMF
(S.D.N.Y), the Plaintiff asks the Court to enter an order granting
the Plaintiff's motion for conditional collective certification and
for court facilitation of notice pursuant to 29 u.s.c. section
216(b).
A copy of the Plaintiff's motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vGfJGC at no extra
charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
HANDI-FOIL CORP: Court Denies Joint Motion to Seal Documents
------------------------------------------------------------
In the case captioned as Merryl Osdoby, individually and on behalf
of all others similarly situated, Plaintiff, v. Handi-Foil Corp.,
Defendant, Case No. 22-CV-04199 (NG) (JMW) (E.D.N.Y.), Magistrate
Judge James M. Wicks of the United States District Court for the
Eastern District of New York denied the Parties' joint motion to
seal documents filed in connection with the Defendant's summary
judgment motion and Plaintiff's class certification motion.
The Plaintiff commenced this putative class action against the
Defendant alleging claims under New York General Business Law
Section 349-50, seeking monetary relief for the alleged
misleading/deceptive business practices and false advertising based
upon the Defendant's mislabeling of its aluminum foil products as
made in the USA. The Court So-Ordered the Parties' Confidentiality
Stipulation on January 23, 2023. The Parties sought to file under
seal or in redacted form documents filed in connection with the
Defendant's summary judgment motion and the Plaintiff's class
certification motion.
The Court applied the three-part analysis adopted by the Second
Circuit in Lugosch to determine whether documents filed in a case
can and should be placed under seal.
The Court found that the documents within the application are
unquestionably judicial documents. The Parties sought that
memoranda, declarations, exhibits and 56.1 statements for the
summary judgment motion, and the class certification motion papers
with any accompanying exhibits be sealed or redacted. The Court
noted that summary judgment motions have been deemed a judicial
document with a strong presumption of access that attaches to
documents filed in connection with a dispositive motion. Likewise,
motion papers and the documents relating to class certification are
considered judicial documents because they are relevant to the
judicial function and useful to the judicial process.
Secondly, the Court determined that the presumption of public
access to the documents requested to be sealed are at its zenith.
The presumption of public access exists along a continuum. The
strongest presumption attaches where the documents determine
litigants' substantive rights, and is weaker where the documents
play only a negligible role in the performance of Article III
duties. A strong presumption attaches to materials filed in
connection with dispositive motions, such as a motion to dismiss or
a summary judgment motion. Documents submitted in connection with a
motion for class certification are judicial records to which a
strong presumption of access applies.
Addressing the third factor, the Court found that the Parties
failed to make a particularized showing of compelling reasons why
any documents should be redacted and/or filed under seal. To
overcome the presumption of public access, the party seeking to
seal bears the burden of showing that countervailing, substantial
interests outweigh the presumption. Substantial interests generally
include a third party's personal privacy interests, the public's
safety, or preservation of attorney-client privilege. When
analyzing whether countervailing concerns outweigh the presumption
of access, courts should consider the degree to which the subject
matter is traditionally considered private rather than public, the
nature and degree of injury that may result from disclosure, and
the reliability of such information.
The Parties offered that if the information is disclosed publicly,
Handi-Foil would experience financial harm and competitive
disadvantage, and the Plaintiff believes certain import information
may bear on sensitive competitive sourcing information. However,
the Court found that the Parties have failed to make a
particularized showing through clear and compelling reasons why
specific portions of documents should be redacted and filed under
seal. The perfunctory recitation of the standard along with
generalized statements are not enough to shield records from public
view. Without justification or compelling reasons linking the list
of documents to be filed under seal, which appear to be majority of
both motions, the Court concluded that the documents should not be
sealed.
The Court noted that although the Parties cite to their
Confidentiality Stipulation and Order for what the parties deemed
may be designated as confidential, a designation of a document as
confidential under a protective order, by itself, is not sufficient
to permanently seal a document. Documents used by parties moving
for, or opposing, summary judgment should not remain under seal
absent the most compelling reasons.
A copy of the Court's decision dated November 25, 2025 is available
at https://urlcurt.com/u?l=jpZXHS from PacerMonitor.com
HERTZ GLOBAL: Continues to Defend Doller Securities Class Suit
--------------------------------------------------------------
Hertz Global Holdings Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Doller securities class
suit in the United States District Court for the Middle District of
Florida.
On May 31, 2024, a complaint was filed in the United States
District Court for the Middle District of Florida (the "Florida
Middle District Court"), captioned Edward M. Doller v. Hertz Global
Holdings, Inc. et al. (No. 2:24-CV-00513). On September 30, 2024,
an amended complaint was filed, following the Florida Middle
District Court's appointment of a lead plaintiff and a lead
counsel. The amended complaint asserts claims against Hertz Global,
former Company CEO, Stephen M. Scherr, and former Company Chief
Financial Officer, Alexandra Brooks, alleging violations of
Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5
promulgated thereunder, including concerning statements regarding
demand for EVs.
Plaintiffs assert claims on behalf of a putative class, consisting
of all persons and entities that purchased or otherwise acquired
Hertz Global's securities between January 6, 2023 and April 24,
2024. The amended complaint seeks unspecified damages, together
with interest, attorneys’ fees and other costs. Hertz Global
filed a motion to dismiss the complaint on October 30, 2024.
On December 19, 2024, the Florida Middle District Court stayed all
proceedings, pending a ruling on the motion to dismiss. On October
16, 2025, the Court granted the motion to dismiss in part.
The Court dismissed all claims except those based on statements
alleged in Paragraphs 98 and 110 of the Amended Complaint. The
Court directed the clerk to lift the stay and ordered the parties
to file a case management report by October 31, 2025.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
HERTZ GLOBAL: Continues to Defend Jiwani Data Breach Class Suit
---------------------------------------------------------------
Hertz Global Holdings Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Jiwani data breach
class suit in the United States District Court for the Northern
District of Illinois, Western Division (Rockford, Illinois).
On April 15, 2025, Zain Jiwani filed a class action complaint
against Cleo Communications U.S., LLC ("Cleo") and the Company in
the U.S. District Court for the Northern District of Illinois,
Western Division (Rockford, IL) (the "Illinois Northern District,
Western Division Court"). Plaintiff alleges that Cleo, a
file-transfer vendor for the Company, experienced a data breach
event that may have impacted the personal information of certain
individuals during the secure file transfer process from the
Company's systems to third-party systems and that Company data may
have been acquired by an unauthorized third party that exploited
zero-day vulnerabilities within Cleo’s platform in October and
December of 2024.
Plaintiff alleges that the Company was negligent in failing to
secure the data, breached implied contracts and was unjustly
enriched. Ten similar class action complaints were filed against
the Company shortly thereafter and eventually transferred to the
same court, the Illinois Northern District, Western Division Court.
The class actions generally seek injunctive relief and unspecified
damages. The defendants' responses to the complaints have been
stayed pending the Illinois Northern District, Western Division
Court's entry of a global scheduling order.
At this early stage of the litigation, the Company does not believe
that the ultimate resolution of these actions will have a material
adverse effect on our financial condition, results of operations or
liquidity.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
HONEST COMPANY: Settles Consolidated Securities Suit over IPO
-------------------------------------------------------------
The Honest Company, Inc. disclosed in its Form 10-Q report for the
quarterly period ended September 30, 2025, filed with the
Securities and Exchange Commission on November 5, 2025, that on
July 30, 2025, the U.S. District Court for the Central District of
California entered a final order approving the settlement and
judgment disposing of a consolidated class action complaint filed
on February 21, 2022.
A putative class action complaint alleging federal securities law
violations by the company, certain current officers and directors,
and certain underwriters in connection with the company's IPO was
filed by Stephen Gambino on October 8, 2021 in the U.S. District
Court for the Central District of California.
This and other related complaints have been transferred to the same
court and a Lead Plaintiff has been appointed in the matter, and a
putative consolidated class action complaint was filed by the Lead
Plaintiff on February 21, 2022.
On January 21, 2025, the parties filed a joint stipulation stating
that they had reached an agreement in principle to fully settle all
pending claims in the action and asking the court to stay the case
so the parties could have additional time to negotiate the terms of
a formal stipulation of settlement and related documentation. The
court entered an order staying the case on the same day.
On April 14, 2025, the court preliminarily approved the parties'
settlement. Under the terms of the settlement, in exchange for the
release and dismissal with prejudice of all claims against the
defendants in the second amended consolidated complaint, the
company agreed to pay $20,000,000 to resolve the dispute. On July
28, 2025, the court held a hearing on the plaintiffs' motion for
final approval of the class settlement and on July 30, 2025, the
court entered a final order approving the settlement and judgment
disposing of the Securities Litigation Case.
The Honest Company, Inc. is a digitally-native consumer products
company with products spanning baby care, beauty, personal care,
wellness and household care, selling its products through digital
and retail sales channels in the following product categories
namely diapers and wipes, skin and personal care, and household and
wellness.
INGHAM COUNTY, MI: Joins Class Action Suit Over Unprotected Data
----------------------------------------------------------------
Dustin DuFort Petty of East Lansing Info, reports that earlier
November, the East Lansing Public Schools Board of Education
approved a plan to join a class-action lawsuit against PowerSchool,
a software and cloud-hosting platform used by the district that
experienced a data breach in December 2024. Hackers claimed to have
stolen the data of 62.4 million students and 9.5 million teachers.
Christian Palasty, the district's director of technology and
communications, explained in an interview with East Lansing Info
that East Lansing students' information was not stolen in the data
breach because of extra security measures taken by the district.
PowerSchool stores all school records, including attendance, lunch
counts, demographic data, grades, behavior reports and emergency
contact information. Palasty said schools fall into one of two
categories in their PowerSchool setup: districts that self-host the
server on their own hardware and districts that have the platform
hosted for them. The hack only affected schools that do not host
their own servers.
"We're one of the few districts in Ingham County that hosts it
ourselves," Palasty said. "And the [hacker] did attempt to connect
to our server, but we block international traffic, and the person
wasn't successful."
Even though ELPS student data was not stolen, ELPS Superintendent
Dori Leyko told ELi that because the district had an expectation of
privacy that was not maintained, it is eligible to join the suit.
"I don't know the exact legalese that's in there," Palasty added,
"but [the district's contract with PowerSchool] basically says that
[they] will hold ourselves to the highest security standard [and]
will meet these industry guidelines for cybersecurity best
practices. And it kind of came out that they weren't keeping
themselves to those high standards."
To PowerSchool's credit, Palasty said, the company implemented
near-instant security measures after the breach. The company also
paid an undisclosed amount of money to the hacker for guarantees
that the data would be returned. The data was returned, but the
hacker then "reached out to individual districts and tried to
extort them," he said.
ELPS has utilized PowerSchool since 2007, Palasty said, and never
really considered switching to another platform, even after the
breach. He said the district trusts PowerSchool moving forward and
that there are few alternative platforms the district could use.
He said that hacking and data breaches like this one are a constant
threat, but ELPS has been successful in preventing breaches.
"Public education just doesn't have the resources or the manpower
to play that whack-a-mole of keeping things locked down [and]
preventing people from clicking on links and emails," he said. "We
deal with that on a weekly basis. Thankfully, we [ELPS] haven't had
a huge data breach in a very long time.
"We can only do the best that we can to lock the network down, run
tests on it, have outside contractors run audits on it and see if
they find any loopholes or any windows that we've neglected or
missed."
According to a memorandum from the district's attorneys, Thrun Law
Firm, the lawsuit will seek past and future expenses related to the
data breach, future expenses for platform changes and data
migration, and reimbursements for payments to PowerSchool.
Frantz Law Group in California are the class attorneys in the suit.
[GN]
INNODATA INC: Bid to Dismiss Securities Suit Remains Pending
------------------------------------------------------------
Innodata Inc. disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that its motion to dismiss the second amended
complaint in the putative securities class action remains pending.
In February 2024, David D'Agostino filed a putative class action
captioned D'Agostino v. Innodata Inc., et al., in the United States
District Court for the District of New Jersey against the Company
and certain of its current and former officers (the "Securities
Class Action"). In October 2024, the presiding judge in the
Securities Class Action appointed a lead plaintiff and approved the
lead plaintiff's choice of counsel.
The Securities Class Action complaint, as amended, asserts claims
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended, and Rule 10b-5 promulgated thereunder, and it
alleges, among other things, that the defendants made false and
misleading statements regarding the Company's artificial
intelligence ("AI") technology and services. The plaintiff seeks
unspecified damages, fees, interest, and costs.
The Company intends to defend itself vigorously. On March 7, 2025,
the Company filed a motion to dismiss the Securities Class Action
complaint. On April 10, 2025, the plaintiff filed a Second Amended
Complaint to the Securities Class Action complaint (the "Second
Amended Complaint") to correct purported typographical errors in
the Securities Class Action complaint. On April 11, 2025, the
Company filed a motion to dismiss the Second Amended Complaint.
The motion to dismiss is fully briefed and pending with the USDC.
The Company cannot predict the outcome of the action at this time
and can give no assurance that the asserted claims will not have a
material adverse effect on its financial position or results of
operations.
INNOVATIVE INDUSTRIAL: Continues to Defend Giraudon Securities Suit
-------------------------------------------------------------------
Innovative Industrial Properties Inc. disclosed in its Form 10-Q
Report for the quarterly period ending September 30, 2025 filed
with the Securities and Exchange Commission on November 4, 2025,
that the Company continues to defend itself from the Giraudon
federal securities class suit in the United States District Court
for the District of Maryland.
On January 17, 2025, a second federal securities class action
lawsuit was filed against the Company and certain of its officers.
The case was named Alain Giraudon, individually and on behalf of
others similarly situated v. Innovative Industrial Properties,
Inc., Alan D. Gold, Paul E. Smithers, David Smith and Ben Regin,
Case No. 1:25-cv-00182-RDB, and was filed in the U.S. District
Court for the District of Maryland. The lawsuit was purportedly
brought on behalf of purchasers of its common stock and alleges
that the Company and certain of its officers made false or
misleading statements regarding its business in violation of
Section 10(b) of the Exchange Act, SEC Rule 10b-5, and Section
20(a) of the Exchange Act.
According to the filed complaint, the plaintiff is seeking an
undetermined amount of damages, interest, attorneys' fees and costs
and other relief on behalf of the putative classes of all persons
who acquired shares of the Company's common stock between February
27, 2024, and December 19, 2024. On April 25, 2025, the court
issued an order setting a briefing schedule, which is as follows:
plaintiff is to file an Amended Complaint no later than June 23,
2025; defendants are to file an answer, move to dismiss, or
otherwise respond no later than August 22, 2025; if defendants move
to dismiss, plaintiff is to file a response no later than October
21, 2025; and defendants are to file a reply no later than November
20, 2025.
Innovative Industrial Properties, Inc. is an internally-managed
real estate investment trust focused on the acquisition, ownership
and management of specialized industrial properties leased to
experienced, state-licensed operators for their regulated cannabis
facilities.
INNOVATIVE INDUSTRIAL: Continues to Defend Mallozzi Securities Suit
-------------------------------------------------------------------
Innovative Industrial Properties Inc. disclosed in its Form 10-Q
Report for the quarterly period ending September 30, 2025 filed
with the Securities and Exchange Commission on November 4, 2025,
that the Company continues to defend itself from the Mallozzi
federal securities class suit in the United States District Court
for the District of New Jersey.
On April 25, 2022, a federal securities class action lawsuit was
filed against the Company and certain of its officers. The case was
named Michael V. Mallozzi, individually and on behalf of others
similarly situated v. Innovative Industrial Properties, Inc., Paul
Smithers, Catherine Hastings and Andy Bui, Case No. 2-22-cv-02359,
and was filed in the U.S. District Court for the District of New
Jersey. The lawsuit was purportedly brought on behalf of purchasers
of its common stock and alleges that the Company and certain of its
officers made false or misleading statements regarding its business
in violation of Section 10(b) of the Securities Exchange Act of
1934, as amended (the "Exchange Act"), SEC Rule 10b-5, and Section
20(a) of the Exchange Act. According to the filed complaint, the
plaintiff is seeking an undetermined amount of damages, interest,
attorneys' fees and costs and other relief on behalf of the
putative classes of all persons who acquired shares of the
Company's common stock between May 7, 2020, and April 13, 2022.
On September 29, 2022, an Amended Class Action Complaint was filed
under the same Case Number, adding as defendants Alan D. Gold and
Benjamin C. Regin, and asserting causes of action under Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule
10b-5 promulgated thereunder. According to the Amended Class Action
Complaint, the plaintiff is seeking an undetermined amount of
damages, interest, attorneys' fees and costs and other relief on
behalf of the putative classes of all persons who acquired shares
of the Company's common stock between August 7, 2020, and August 4,
2022. On December 1, 2022, defendants moved to dismiss the Amended
Class Action Complaint. On September 19, 2023, the court granted
defendants' motion to dismiss the Amended Class Action Complaint
without prejudice.
On October 19, 2023, a Second Amended Class Action Complaint was
filed under the same Case Number, and asserted causes of action
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder. According to the Second
Amended Class Action Complaint, the plaintiff is seeking an
undetermined amount of damages, interest, attorneys' fees and costs
and other relief on behalf of the putative classes of all persons
who acquired shares of the Company's common stock between August 7,
2020, and August 4, 2022. On December 18, 2023, defendants moved to
dismiss the Second Amended Class Action Complaint; on February 1,
2024, plaintiff responded with their opposition to defendants'
motion to dismiss the Second Amended Class Action Complaint; and on
March 1, 2024, defendants replied to plaintiff's response. On
September 25, 2024, the court granted defendants' motion to dismiss
the Second Amended Class Action Complaint with prejudice. On
September 30, 2024, plaintiff filed a notice of appeal of the
court's dismissal of the Second Amended Class Action Complaint with
prejudice. On December 9, 2024, plaintiff filed their opening
appellate brief with the United States Court of Appeals for the
Third Circuit. On January 23, 2025, defendants filed their
appellate brief. On February 27, 2025, plaintiff filed their reply
brief. Oral argument took place on June 17, 2025. On October 15,
2025, the United States Court of Appeals for the Third Circuit
issued an opinion and judgment affirming the trial court's
dismissal of the Second Amended Class Action Complaint. The
judgment allowed the appellant to file a petition for rehearing on
or before October 29, 2025. On October 29, 2025, the appellant
filed a petition for rehearing.
The Company intends to defend the lawsuit vigorously. However, at
this time, it cannot predict the probable outcome of this action,
and, accordingly, no amounts have been accrued in the Company's
consolidated financial statements.
Innovative Industrial Properties, Inc. is an internally-managed
real estate investment trust focused on the acquisition, ownership
and management of specialized industrial properties leased to
experienced, state-licensed operators for their regulated cannabis
facilities.
INTEL CORP: Consumer Suits Remain Pending in US, Canada
-------------------------------------------------------
Intel Corporation disclosed in a Form 10-Q Report for the quarterly
period ended September 27, 2025, filed with the U.S. Securities and
Exchange Commission that consumer class action lawsuits are pending
against the Company in the U.S. and Canada.
"The plaintiffs, who purport to represent various classes of
purchasers of our products, generally claim to have been harmed by
our actions and/or omissions in connection with Spectre, Meltdown,
and other variants of this class of security vulnerabilities that
have been identified since 2018, and assert a variety of common law
and statutory claims seeking monetary damages and equitable relief.
In the U.S., class action suits filed in various jurisdictions
between 2018 and 2021 were consolidated for all pretrial
proceedings in the U.S. District Court for the District of Oregon,
which entered final judgment in favor of Intel in July 2022 based
on plaintiffs' failure to plead a viable claim. The Ninth Circuit
Court of Appeals affirmed the district court's judgment in November
2023, ending the litigation. In November 2023, new plaintiffs filed
a consumer class action complaint in the U.S. District Court for
the Northern District of California with respect to a further
vulnerability variant disclosed in August 2023 and commonly
referred to as "Downfall." In August 2024, the district court
dismissed plaintiffs' entire complaint for failure to plead a
viable claim, with leave to amend. In August 2025, the district
court dismissed with prejudice the nationwide class claims under
California law in plaintiffs' amended complaint, and denied Intel's
motion to dismiss subclass claims pleaded in the alternative under
the laws of certain other states. In October 2025 plaintiffs filed
a second amended complaint.
"In Canada, an initial status conference has not yet been scheduled
in one case relating to Spectre and Meltdown pending in the
Superior Court of Justice of Ontario, and a stay of a second case
pending in the Superior Court of Justice of Quebec is in effect.
"Additional lawsuits and claims may be asserted seeking monetary
damages or other related relief. Given the procedural posture and
the nature of these cases, including that the pending proceedings
are in the early stages, that alleged damages have not been
specified, that uncertainty exists as to the likelihood of a class
or classes being certified or the ultimate size of any class or
classes if certified, and that there are significant factual and
legal issues to be resolved, we are unable to make a reasonable
estimate of the potential loss or range of losses, if any, that
might arise from these matters," the Company stated.
INTEL CORP: Continues to Defend Securities Suit in California
-------------------------------------------------------------
Intel Corporation disclosed in a Form 10-Q Report for the quarterly
period ended September 27, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against a
securities class action lawsuit are pending in a California court.
"A securities class action lawsuit was filed in the U.S. District
Court for the Northern District of California in May 2024 against
us and certain officers following the modification of our segment
reporting in the first quarter of 2024 to align to our new internal
foundry operating model. In August 2024, the court ordered the case
consolidated with a second, similar lawsuit, and in October 2024
plaintiffs filed an amended consolidated complaint generally
alleging that defendants violated the federal securities laws by
making false or misleading statements about the growth and
prospects of the foundry business and seeking monetary damages on
behalf of all persons and entities that purchased or otherwise
acquired our common stock or purchased call options or sold put
options on our common stock from January 25, 2024 through August 1,
2024.
"In March 2025, the court dismissed plaintiffs' amended
consolidated complaint, finding that plaintiffs failed to plead any
false or misleading statements by defendants. The court granted
plaintiffs leave to amend, but in July 2025 dismissed plaintiffs'
second amended complaint and entered judgment in defendants' favor,
again finding that plaintiffs failed to plead any false or
misleading statements. Plaintiffs have appealed.
"Given the procedural posture of the case, including that the
plaintiffs have appealed the district court's decision, we are
unable to make a reasonable estimate of the potential loss or range
of losses, if any, that might arise from the matter," the Company
stated.
INTERNATIONAL FLAVORS: Judge Remains Undecided in Foul Odors Suit
-----------------------------------------------------------------
Fareeha Abrar, writing for First Coast News, reports that a Duval
County judge heard hours of tense arguments Monday, November 24, as
Murray Hill residents pushed to move forward with a class-action
lawsuit against International Flavors & Fragrances (IFF) over years
of foul chemical odors they say have polluted their neighborhood
and seeped into their homes.
The hearing centered on a pivotal question: Can the thousands of
people who've complained about the smell be treated as one unified
class?
The decision will determine whether the case moves forward as one
large lawsuit or splinters into individual or mass-action claims.
IFF's legal team opened the afternoon by attacking the foundation
of the plaintiffs' case. Defense attorneys argued that the expert
the plaintiffs relied on for some of their evidence used
"fabricated" emission numbers instead of data available in the
company's state air permit.
According to the company's defense counsel, their expert, Roberto
Gasporino, testified at a deposition that using IFF's real emission
numbers would show odor concentrations too low for humans to
detect.
Defense also highlighted the presence of multiple industrial odor
sources in the area, saying residents' complaints can't reliably be
traced back to IFF. They pointed out that other neighborhoods
downwind of the plant reported no odors at all.
Plaintiffs' attorney countered with a sweeping overview of evidence
collected since 2018: more than 2,000 odor complaints, nearly 200
confirmed by the city, and city documents acknowledging that TRS
compounds emitted by industrial facilities can travel miles if not
properly controlled.
The attorneys said the plaintiffs aren't required to prove
liability yet, only that a class exists and can be identified.
"This class essentially defined itself over four years," Laura
Sheets said, adding that residents consistently describe the same
"pine-like," chemical odor and consistently attribute it to IFF.
One of the sharpest conflicts of the hearing centered on dueling
resident declarations.
Plaintiffs accused IFF of sending private investigators through
Murray Hill to gather statements from residents claiming they don't
smell anything.
Sheets said some residents later rescinded their statements,
claiming they didn't understand they were signing sworn legal
documents or that the signatures were not theirs.
She also noted that some allegedly said the canvassers said they
were working on behalf of Revlon, a cosmetics company, and not
IFF.
The defense denied wrongdoing and said they only produced the
declarations they were asked for.
By the end of the hearing, Judge Robert Dees denied all three
motions before him -- including cross-Daubert challenges and a
motion to strike late-filed declarations -- and did not rule on
whether the lawsuit will be certified as a class action.
Instead, he ordered both sides to submit proposed written orders
stating exactly how they want him to rule.
IFF spokesman Michael Munz provided the following statement to
First Coast News after the court hearing:
"IFF is committed to operating safely, responsibly and in full
compliance with all environmental regulations. As a responsible
community partner, we employ best-in-class technologies and
processes to prevent odors from leaving our facility and work
collaboratively with the City of Jacksonville. At today's hearing,
we presented evidence -- supported by case experts, the City's own
odor study and numerous residents -- demonstrating that we operate
well within permitted limits and that IFF is not the source of
objectionable odors in Murray Hill. We respect the judge's role and
the importance of considering all evidence to reach a fair and
informed decision. We look forward to a fair and thorough review of
the case law and the facts." [GN]
INTERNATIONAL PAPER: Faces Containerboard Antitrust Suit
--------------------------------------------------------
International Paper Company disclosed in a Form 10-Q Report for the
Quarterly Period Ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that, together with other
containerboard producers, it is facing a purported class action
complaint that alleges a civil violation of Sections 1 and 3 of the
Sherman Act.
On July 29, 2025, 12 containerboard producers, including
International Paper, were named as defendants in a purported class
action complaint that alleges a civil violation of Sections 1 and 3
of the Sherman Act. The suit is captioned Artuso Pastry Foods Corp
v. Packaging Corp. of America (N.D. Ill.).
The complaint alleges that the defendants, beginning in November 1,
2020 through the time of filing, conspired to fix, raise, maintain,
and/or stabilize prices of containerboard products and finished
packaging products made from containerboard. The alleged class is
formed from persons who purchased containerboard products directly
from one or more defendants for use or delivery in the United
States during the period November 1, 2020 to the present.
The complaint seeks to recover an unspecified amount of treble
damages, injunctive relief, attorneys' fees and actual damages on
behalf of the purported class.
IREN LIMITED: Bid to Dismiss Securities Suit Remains Pending
------------------------------------------------------------
IREN Limited disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that its motion to dismiss the second amended
complaint in a putative securities class action remains pending.
On December 14, 2022, a putative securities class action complaint
naming the Company and certain of its directors and officers was
filed in the U.S. District Court for the District of New Jersey. An
amended complaint in this action was filed on June 6, 2023, also
naming as defendants the Company and certain of its directors and
officers, as well as the underwriters of the Company's IPO. The
Company moved to dismiss the amended complaint, and on September
27, 2024, the court granted the Company's motion, dismissing the
case without prejudice and with leave to file a further amended
complaint.
The lead plaintiffs then filed a second amended complaint on
November 12, 2024. The second amended complaint, which has
substantial similarities to the prior complaint, asserts claims
under Section 10(b) and 20(a) of the Exchange Act and Sections 11,
12(a)(2), and 15 of the Securities Act, purportedly on behalf of a
putative class of all persons and entities who purchased or
otherwise acquired (a) Ordinary shares in the Company pursuant
and/or traceable to the Company's IPO and/or (b) Company securities
between November 17, 2021 and November 1, 2022, both dates
inclusive. It contends that certain statements made by the Company
and certain of its officers and directors, including in the
Company's IPO Registration Statement and Prospectus, were allegedly
false or misleading and seeks unspecified damages on behalf of the
putative class. The Company believes these claims are without merit
and intends to defend itself vigorously.
On January 21, 2025, the Company served a motion to dismiss the
second amended complaint in its entirety. The lead plaintiffs
served their opposition to the motion to dismiss on March 24, 2025,
and the Company on May 9, 2025 served its reply in further support
of its motion to dismiss. The motion is fully briefed and remains
pending.
JAYUD GLOBAL: Bids for Lead Plaintiff Appointment Due January 20
----------------------------------------------------------------
Bernstein Liebhard LLP announces that a shareholder has filed a
securities class action lawsuit on behalf of investors (the
"Class") who purchased or acquired the securities of Jayud Global
Logistics Limited ("Jayud" or the "Company") (NASDAQ: JYD) between
April 21, 2023 and April 30, 2025, inclusive.
Should You Join This Class Action Lawsuit?
-- Do you, or did you, own shares of Jayud Global Logistics
Limited (NASDAQ: JYD)?
-- Did you purchase your shares between April 21, 2023 and April
30, 2025, inclusive?
Did you lose money in your investment in Jayud Global Logistics
Limited?
If you purchased or acquired Jayud securities, and/or would like to
discuss your legal rights and options please visit Jayud Global
Logistics Limited Shareholder Class Action Lawsuit or contact
Investor Relations Manager Peter Allocco at (212) 951-2030 or
pallocco@bernlieb.com.
According to the lawsuit, Defendants made misrepresentations
concerning the Company's business and were involved in an illicit
"pump-and-dump" promotion scheme where impersonators touted Jayud
in online forums, chat groups, and social media posts with
sensational but baseless claims to create a buying frenzy among
retail investors.
If you wish to serve as lead plaintiff for the Class, you must file
papers by January 20, 2026. A lead plaintiff is a representative
party acting on other class members' behalf in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
All representation is on a contingency fee basis. Shareholders pay
no fees or expenses.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of class actions, the Firm has been named to
The National Law Journal's "Plaintiffs' Hot List" thirteen times
and listed in The Legal 500 for sixteen consecutive years.
ATTORNEY ADVERTISING. 2025 Bernstein Liebhard LLP. The law firm
responsible for this advertisement is Bernstein Liebhard LLP, 10
East 40th Street, New York, New York 10016, (212) 779-1414. Prior
results do not guarantee or predict a similar outcome with respect
to any future matter.
Contact Information:
Peter Allocco, Esq.
Bernstein Liebhard LLP
https://www.bernlieb.com
(212) 951-2030
pallocco@bernlieb.com [GN]
KEURIG DR PEPPER: Bruno Mislabeling Suit Removed to C.D. Cal.
-------------------------------------------------------------
The case styled as PERRY BRUNO, individually, and on behalf of
others similarly situated, Plaintiff v. KEURIG DR. PEPPER INC.,
Defendant, Case No. 25-STCV-29705, was removed from the Superior
Court of California, County of Los Angeles to the United States
District Court for the Central District of California on November
17, 2025.
The District Court Clerk assigned Case No. 2:25-cv-11027 to the
proceeding.
In this complaint, the Plaintiff alleges that the marketing and
labeling of the Defendant's products are false or misleading due to
the presence of citric acid. Specifically, the Plaintiff alleges
that the presence of this substance renders the representation "All
Natural" false or misleading.
The Plaintiff seeks, among other things "[a]n order requiring
Defendant to engage in corrective advertising," actual damages or
restitution, punitive, and statutory damages. The Plaintiff alleges
that he and each class member would not have purchased the
Products, would have paid less for the Products, or would have
purchased different products had the labels not been purportedly
false or misleading. The Plaintiff also seeks "[a]ll reasonable and
necessary attorneys' fees and costs," injunctive relief, and
"further relief, as may be just and proper.
Keurig Dr. Pepper Inc. is a publicly traded American beverage and
coffeemaker conglomerate with headquarters in Burlington,
Massachusetts, and Frisco, Texas.[BN]
The Defendant is represented by:
Charles C. Sipos, Esq.
Thomas J. Tobin, Esq.
PERKINS COIE LLP
1301 Second Avenue, Suite 4200
Seattle, WA 98101-3804
Telephone: 1-206-359-8000
Facsimile: 1-206-359-9000
E-mail: CSipos@perkinscoie.com
TTobin@perkinscoie.com
KRISTI NOEM: Plaintiffs Seek to Certify Class
---------------------------------------------
In the class action lawsuit captioned as Student DOE #1, et al.,
individually and on behalf of a class of others similarly situated,
v. Kristi NOEM, in her official capacity as Secretary of the United
States Department of Homeland Security, et al., Case No.
2:25-cv-02998-KSH-AME (D.N.J.), the Plaintiffs ask the Court to
enter an order certifying the proposed class, appointing the Named
Plaintiffs as class representatives, and appointing the undersigned
as class counsel.
A copy of the Plaintiffs' motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IV6571 at no extra
charge.[CC]
The Plaintiffs are represented by:
Lawrence S. Lustberg, Esq.
Michael R. Noveck, Esq.
Ruth O'Herron, Esq.
GIBBONS P.C.
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
E-mail: llustberg@gibbonslaw.com
mnoveck@gibbonslaw.com
roherron@gibbonslaw.com
- and -
Jeanne LoCicero, Esq.
Farrin R. Anello, Esq.
Molly K.C. Linhorst, Esq.
AMERICAN CIVIL LIBERTIES UNION
OF NEW JERSEY FOUNDATION
570 Broad Street, 11th Floor
Newark, NJ 07102
Telephone: (973) 854-1715
E-mail: jlocicero@aclu-nj.org
- and -
Jason Hernandez, Esq.
Jessica Rofe, Esq.
Rutgers Immigrant Community
Assistance Project (RICAP)
123 Washington Street
Newark, NJ 07102
LANE BRYANT: Smith Class Suit Removed to D. Md.
-----------------------------------------------
The case styled as KIMBERLY SMITH, on her own behalf and on behalf
of all others similarly situated Plaintiff v. LANE BRYANT BRANDS
OPCO LLC, Defendant, Case No. C-24-CV-25-008480, was removed from
the Circuit Court for Baltimore City, Maryland to the United States
District Court for the District of Maryland on November 17, 2025.
The District Court Clerk assigned Case No. 1:25-cv-03766-SAG to the
proceeding.
The Plaintiff's complaint alleges that Defendant violated
Maryland's Commercial Electronic Mail Act ("MCEMA") by sending
"emails about sales with fictional time limits, fake extensions,
and more illusory special offers. The proposed class consists of
"[a]ll Maryland residents to whom Lane Bryant sent, within four
years before the date of the filing of this complaint until the
date of trial, an email with a subject line that (a) states or
implies that a particular promotion will end at a specified time,
when the promotion will actually continue beyond the specified end
time, or (b) states or implies that the recipient of the email will
be given a free product."
Lane Bryant Brands Opco LLC is and was a limited liability company
organized under the laws of the State of Ohio with its principal
place of business in New Albany, Ohio.[BN]
The Defendant is represented by:
William J. Murphy, Esq.
Sara Alpert Lawson, Esq.
ZUCKERMAN SPAEDER LLP
100 East Pratt Street, Suite 2440
Baltimore, MD 21202
Telephone: 410-332-0444
Facsimile: 410 659 0436
E-mail: wmurphy@zuckerman.com
slawson@zuckerman.com
- and -
Meegan B. Brooks, Esq.
BENESCH, FRIEDLANDER, COPLAN & ARONOFF
100 Pine Street, Suite 3100
San Francisco, CA 94111
Telephone: 628-600-2250
Facsimile: 628-221-5828
E-mail: mbrooks@beneschlaw.com
LATOYA HUGHES: Scheduling & Discovery Order Entered in Watts Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as ZACHARY WATTS, v. LATOYA
HUGHES, Case No. 3:25-cv-01243-DWD (S.D. Ill.), the Hon. Judge
David W. Dugan entered an order adopting joint report and proposed
scheduling and discovery order as follows:
-- Depositions upon oral examination, interrogatories, requests
for documents, and answers and responses thereto shall not be
filed unless on order of the Court.
-- Disclosures or discovery under Federal Rule of Civil Procedure
26(a) are to be filed with the Court only to the extent
required by the final pretrial order, other Court order, or if
a dispute arises over the disclosure or discovery and the
matter has been set for briefing.
-- The parties should note that they may, pursuant to Federal
Rule of Civil Procedure 29, modify discovery dates set in the
Joint Report by written stipulation, except that they may not
modify a date if such modification would impact (1) the date
of any court appearance, (2) the deadline for completing the
mediation session or the mediation process (if applicable),
(3) the deadline for completing all discovery, or (4) the
deadline for filing dispositive motions.
Latoya Hughes is acting director of the Illinois Department of
Corrections.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=BwlIHD at no extra
charge.[CC]
LIBERTY MUTUAL: Discovery in Clay Suit Due June 10, 2026
--------------------------------------------------------
In the class action lawsuit captioned as Jacqueline Clay,
individually and on behalf of all others similarly situated, v.
Liberty Mutual Insurance Company, Case No. 1:25-cv-06789-AS
(S.D.N.Y.), the Hon. Judge Subramanian entered a civil case
management plan and scheduling order as follows:
The remote initial pretrial conference is canceled. The Court also
grants the parties' agreed-upon class certification briefing
schedule.
Joinder of additional parties must be accomplished by Mar. 5,
2026.
All depositions (including any expert depositions, see item 5(c)
above) must be completed by June 10, 2026.
All discovery is to be completed by June 10, 2026.
Post-discovery summary judgment motions in the form prescribed by
the Court’s Individual Practices shall be served by July 10,
2026, answering papers by Aug. 10, 2026 and reply papers by Aug.
31, 2026.
Liberty is a global diversified insurer.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Hn8QKn at no extra
charge.[CC]
LIBERTY MUTUAL: Turner Seeks to Certify Class Action
----------------------------------------------------
In the class action lawsuit captioned as THOMAS TURNER, an
individual, on behalf of himself and other similarly situated, v.
LIBERTY MUTUAL RETIREMENT BENEFIT PLAN; LIBERTY MUTUAL MEDICAL
PLAN; LIBERTY MUTUAL RETIREMENT BENEFIT PLAN RETIREMENT BOARD;
LIBERTY MUTUAL GROUP INC., a Massachusetts company; LIBERTY MUTUAL
INSURANCE COMPANY, a Massachusetts company; and, DOES 1 through 50,
inclusive, Case No. 1:20-cv-11530-FDS (D. Mass.), the Plaintiff
will seek an Order certifying this case as a class action under
Federal Rule of Civil Procedure 23.
The Plaintiff also asserts that class certification is appropriate
under Federal Rule of Civil Procedure 23(b)(1), (b)(2), and (b)(3).
The Plaintiff moves the Court for an Order pursuant to Federal Rule
of Civil Procedure 23 that:
1. Certifies a class action with the class defined as:
"Former grandfathered employees of Safeco Corporation and
subsidiaries who transitioned to Liberty Mutual on Jan. 1,
2009, who did not or will not receive full credit for their
Safeco years for purposes of medical cost sharing under
Liberty Mutual's plan."
2. Appoints the Plaintiff Thomas as the Class Representative;
and
3. Appoints the law firms of Nicholas & Tomasevic, LLP and
Winters & Associates as class counsel.
Liberty provides pension plans and benefit programs.
A copy of the Plaintiff's motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=JJdjB5 at no extra
charge.[CC]
The Plaintiff is represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
- and -
Jack B. Winters, Jr., Esq.
Sarah Ball, Esq.
WINTERS & ASSOCIATES
8489 La Mesa Blvd.
La Mesa, CA 91942
Telephone: (619) 234-9000
Facsimile: (619) 750-0413
E-mail: jackbwinters@earthlink.net
sball@einsurelaw.com
- and -
Gordon E. Meyer, Esq.
GORDON E. MEYER & ASSOCIATES, P.C.
8 Winchester Street
Boston, MA 02116
Telephone: (617) 482-2377
E-mail: gordon@gmeyerlaw.com
- and -
Michelle M. Meyers, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: mmeyers@singletonschreiber.com
LIFEMD INC: Continues to Defend Johnston Shareholder Class Suit
---------------------------------------------------------------
LifeMD Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2025 filed with the Securities and
Exchange Commission on November 17, 2025, that the Company
continues to defend itself from the Johnston shareholder class suit
in the United States District Court for the Eastern District of New
York.
On August 27, 2025, a purported shareholder filed a putative class
action complaint in the United States District Court for the
Eastern District of New York ("EDNY") against the Company, the
Company's Chief Executive Officer, Mr. Schreiber, and the Company's
Chief Financial Officer, Mr. Benathen, (collectively, the
"Defendants"), captioned Johnston v. LifeMD, Inc., et al., Case No.
25-cv-04761, alleging: (i) violations of Section 10(b) of the
Securities Exchange Act of 1934, as amended (the "Exchange Act")
and Rule 10b-5 promulgated thereunder by the Defendants for making
false and misleading statements; and (ii) violations of Section
20(a) of the Exchange Act by the individual officer defendants as
alleged control persons.
On October 24, 2025, the EDNY granted the joint motion to transfer
the class action complaint from the EDNY to the United States
District Court for the Southern District of New York ("SDNY").
On October 27, 2025, the plaintiffs filed motions to be appointed
lead plaintiff.
The Company intends to defend vigorously against the class action.
LifeMD, Inc. -- https://lifemd.com/ -- is a publicly traded
American telehealth company.[BN]
LIVE NATION: Continues to Defend Heckman Antitrust Class Suit
-------------------------------------------------------------
Live Nation Entertainment Inc. disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Heckman antitrust
consumer class suit in the United States District Court for the
Central District of California.
The Company is a defendant in three putative antitrust consumer
class actions alleging violations of federal and state antitrust
laws, among other causes of action. In Heckman, et al. v. Live
Nation Entertainment, et al., filed in the Central District of
California in January 2022, the District Court denied defendants'
motion to compel arbitration in August 2023. The Ninth Circuit
affirmed the District Court's ruling in October 2024.
In January 2025, the Company filed a motion to dismiss the lawsuit,
which was granted in part and denied in part in April 2025. Class
certification briefing is underway.
The Company believes it has substantial defenses to the claims
alleged in the lawsuit and will continue to vigorously defend
itself.
Generac Holdings Inc. is a global designer and manufacturer of a
wide range of energy technology solutions for power generation
equipment, energy storage systems, energy management devices &
solutions, and other power products and services serving the
residential, light commercial, and industrial markets.
LRW TRAFFIC: Joint Motion for Settlement Approval, Denied in Part
-----------------------------------------------------------------
In the case captioned as EBONY HAYS, et al., Plaintiffs, v. LRW
TRAFFIC SYSTEMS LLC, et al., Defendants, Civil No. JKB-24-3306 (D.
Md.), Judge James K. Bredar of the United States District Court for
the District of Maryland granted in part and denied in part the
parties' Renewed Joint Motion for Approval of Collective Action
Settlement and Direction of Notice. The Court conditionally
certified the FLSA collective action and preliminarily approved the
settlement while denying final approval due to mootness concerns.
Plaintiffs are construction flaggers who worked for LRW Traffic
Systems and its President, Robert Scott-Coples (the "LRW
Defendants"). Plaintiffs allege that the LRW Defendants contracted
with Stella May Contracting and B. Frank Joy (the "General
Contractor Defendants") to provide flaggers for various worksites.
Plaintiffs allege that Defendants did not pay them sufficiently for
their time. Several Plaintiffs also allege that the LRW Defendants
retaliated against them for seeking the compensation allegedly owed
to them. Based on these allegations, Plaintiffs brought a
collective action claim alleging violation of the Fair Labor
Standards Act ("FLSA") and class action claims alleging violations
of Maryland labor law. Several Plaintiffs also brought retaliation
claims under the FLSA and Maryland law.[1]
The LRW Defendants have agreed to pay Seven Hundred and Sixty
Thousand Dollars ($760,000.00) to settle the claims in this action
against both themselves and the General Contractor Defendants. The
Settlement Agreement calls for: (a) Settlement payments to eligible
current and former workers who wish to join the Settlement up to
$420,000; (b) $5,000 service payments to each of the five Named
Plaintiffs; (c) $95,000 retaliation damages to the nine Plaintiffs
named for retaliation purposes, and (d) Plaintiffs' counsel's fees
and expenses of $220,000. The costs of Settlement administration
also will come from the Settlement funds.[1]
The Court denied the parties' joint motion. The Court directed the
parties' attention to a line of cases from this district, which
provide that approval of an FLSA settlement prior to certification
and notice is not appropriate. These cases raised two primary
issues with the parties' desired procedure: (1) whether the process
was fair to potential members of the collective who had not yet
opted in as plaintiffs and (2) whether the process created a
mootness issue that prevented the Court from acquiring jurisdiction
over potential opt-in plaintiffs. The parties have now filed their
Renewed Motion on this second basis. They assert that the Fourth
Circuit's unpublished decision in Haskett v. Uber Technologies, 780
Fed. Appx. 25, 27 (4th Cir. 2019) is "reasoned authority," which
persuasively supports their position.[1]
Haskett does not resolve, nor even address, the mootness issue
previously raised by the Court. The Court agrees with numerous
courts around the country that have held that final settlement
approval is not appropriate when non-party employees may still
later opt in as plaintiffs and seek a portion of the settlement
proceeds. If the Court grants final approval of an FLSA settlement
at the same time that it certifies the collective, there is no
longer a case or controversy for the potential plaintiffs to opt
into. A named plaintiff in an FLSA collective action only
represents his or her own interests. Thus, if a named plaintiff
resolves her individual claims before anyone joins the lawsuit,
then, a court's jurisdiction to entertain the rest of the case
ends.[1]
Although the Court is unable to certify the collective and grant
final settlement approval at the same time, the Court can
conditionally certify the collective and grant preliminary approval
of the settlement. This approach solves multiple problems. First,
because the Court is not granting final settlement approval, there
is no mootness issue. Second, the parties explain that employees
who receive notice cannot make a fully informed choice about opting
in because the fairness of the settlement remains to be litigated.
But if the Court preliminarily approves the settlement, these
employees can make a more informed choice. Accordingly, the Court
will conditionally certify the collective and preliminarily approve
the settlement.[1]
Plaintiffs have met their burden to conditionally certify the
collective. Plaintiffs have submitted affidavits describing the
policies that the LRW Defendants subjected them to. Plaintiffs were
told to arrive at construction sites before their shift began; they
did not receive lunch or rest breaks, but their time was still
docked as if they took a break; they were not paid for travel time
between work sites; and they were sometimes not paid for time that
they spent at the LRW Yard waiting on standby. Plaintiffs averred
that all construction flaggers at LRW were subject to these
policies. Accordingly, the Court will conditionally certify a
collective.[1]
The Notice form attached to the Motion provides sufficient
clarification. This form states that a person can join the lawsuit
if they have worked as a construction flagger for LRW at any time
between November 15, 2021 and [date of settlement approval] and
were not paid for all hours worked. The Court finds that this
collective is appropriately narrow and judicially manageable.
Accordingly, the Court will conditionally certify the collective as
described in the Notice form, except that the closing date will be
the date that the opt-in period ends. The Court also finds the
other terms of the Notice form to be appropriate. In particular,
the 90-day opt-in period is reasonable. Thus, the Court will
approve the Notice form and authorize dissemination of it.[1]
To determine whether a bona fide dispute exists, the Court reviews
the pleadings, the recitals in the Agreement, and other court
filings in the case. When a case involves a disagreement about pay
rates and hours worked, there is a bona fide dispute. Here, the
Second Amended Complaint alleges that pay was improperly withheld,
and several plaintiffs have attested to this in affidavits.
Accordingly, this case involves a bona fide dispute.[1]
The Court considers whether the settlement contains fair and
reasonable terms. The most important factors are: (1) the extent of
discovery that has taken place; (2) the stage of the proceedings,
including the complexity, expense and likely duration of the
litigation; (3) the absence of fraud or collusion in the
settlement; (4) the experience of counsel who have represented the
plaintiff; (5) the opinions of class counsel; and (6) the
probability of plaintiffs' success on the merits and the amount of
the settlement in relation to the potential recovery. The parties
state in their Joint Motion that informal discovery has occurred.
That is sufficient to satisfy this factor. There is no evidence of
fraud or collusion in this case. And in the absence of such
evidence, the Court presumes there is no fraud or collusion.
Plaintiffs' counsel is highly experienced. Plaintiffs' counsel
opines that the settlement is fair and reasonable.[1]
Payment to Plaintiffs for lost wages and liquidated damages will be
$420,000. The total amount that they are allegedly owed in backpay
and liquidated damages is approximately $1.8 million. Thus, their
award is about 23% of their potential recovery. Because of LRW's
troubled financial state, there is a chance that even if Plaintiffs
were awarded a higher amount at trial, they would not be able to
collect it. Based on the information before the Court at this early
stage of the proceedings, particularly LRW's probable inability to
pay a higher amount, the Court finds that a 23% recovery reasonably
reflects the Plaintiffs' likelihood of success on the merits. Thus,
this factor is satisfied.[1]
Non-named plaintiffs only agree to a release of the federal and
state wage-and-hour claims alleged in this lawsuit. The scope of
this release is permissible because, by its clear terms, it only
relates to the wage-and-hour issues alleged in the complaint. The
named plaintiffs agree to a general release of any and all claims
against the Defendants, including the federal and state
wage-and-hour claims in this lawsuit. Each of the named plaintiffs
will receive a $5,000 service award in additional consideration for
this general release. Because the named plaintiffs will be
independently compensated for the overbroad release; the release is
reasonable.[1]
The settlement agreement states that $220,000 will be awarded to
Plaintiffs' counsel in attorneys' fees and costs. The Court is
satisfied that it is reasonable. Plaintiffs' counsel expended
significant time on this matter. Counsel conducted over 35
interviews with LRW employees, prepared several motions and
responses to motions, spent significant time advocating for
complete employee records, and developed a damages model based on
these records. This case involved novel questions of Maryland wage
law. Accordingly, the Court will approve the requested amount of
$220,000 in attorneys' fees and costs.[1]
For the foregoing reasons, the parties' Renewed Joint Motion for
Approval of Collective Action Settlement and Direction of Notice
(ECF No. 112) will be granted in part and denied in part. A
separate Order follows. DATED this 18 day of November, 2025. James
K. Bredar United States District Judge.[1]
**Class Action Status Verification:** This is an FLSA collective
action with conditional certification granted. Maryland state law
class action claims are alleged but not certified in this
Memorandum.[1]
(Memorandum, United States District Court for the District of
Maryland)[1]
[1](https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/attachments/80270714/f029b082-3c7a-4160-817d-c270c31a783b/Hays_et_al_v_LRW_TRAFFIC_SYSTEMS_LLC_et_al__mddce-24-03306__0119.0.pdf)
LULULEMON USA: Appeals Denied Arbitration Bid in Berdugo Labor Suit
-------------------------------------------------------------------
LULULEMON USA, INC. et al. are taking an appeal from a court order
denying their motion to compel arbitration in the lawsuit entitled
Alma Y. Berdugo, individually and on behalf of all others similarly
situated, Plaintiff, v. Lululemon USA, Inc., et al., Defendants,
Case No. 5:25-cv-02252-SSS-DTB, in the U.S. District Court for the
Central District of California.
As previously reported in the Class Action Reporter, the suit,
which was removed from the Superior Court of the State of
California, County of San Bernardino, to the United States District
Court for Central District of California, is brought against the
Defendants for violation of California Labor Code.
On Sept. 25, 2025, the Defendant filed a motion to compel
arbitration, which Judge Sunshine Suzanne Sykes granted on Oct. 30,
2025.
The appellate case is entitled Berdugo v. Lululemon USA, Inc., et
al., Case No. 25-7124, in the United States Court of Appeals for
the Ninth Circuit, filed on November 12, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 17,
2025;
-- Appellant's Opening Brief is due on December 22, 2025; and
-- Appellee's Answering Brief is due on January 21, 2026. [BN]
Plaintiff-Appellee ALMA Y. BERDUGO, individually and on behalf of
all others similarly situated, is represented by:
Justin Alexander Wheeler, Esq.
LAW OFFICE OF SCOTT ERNEST WHEELER
250 West First Street, Suite 216
Claremont, CA 91711
Defendants-Appellants LULULEMON USA, INC., et al. are represented
by:
Eden Edwards Anderson, Esq.
DUANE MORRIS, LLP
Spear Tower 1 Market Plaza, Suite 2200
San Francisco, CA 94105
- and -
Jennifer A. Riley, Esq.
DUANE MORRIS, LLP
190 S. LaSalle Street, Suite 3700
Chicago, IL 60603
- and -
Betty Luu, Esq.
DUANE MORRIS, LLP
865 S. Figueroa Street, Suite 3100
Los Angeles, CA 90017
MARA HOLDINGS: Continues to Defend Langer Securities Class Suit
---------------------------------------------------------------
MARA Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Langer securities class
suit in the United States District Court for the District of
Nevada.
On March 30, 2023, a putative class action complaint was filed in
the United States District Court for the District of Nevada,
against the Company and present and former senior management,
alleging claims under Section 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended (the "Exchange Act"), arising out
of the Company's announcement of accounting restatements on
February 28, 2023.
On March 29, 2024, the court appointed lead plaintiffs and counsel.
On June 4, 2024, lead plaintiffs filed an amended class action
complaint, styled as Langer et al. v. Marathon et al. The
allegations in the amended class action complaint are substantially
similar to those in the March 30, 2023 putative class action
complaint.
On August 5, 2024, the defendants moved to dismiss the amended
class action complaint. On December 6, 2024, the motion to dismiss
the amended class action complaint was fully briefed.
On March 3, 2025, the United States District Court for the District
of Nevada heard the Company's motion to dismiss the amended
complaint and, while granting the Company's motion to dismiss, the
court also granted the plaintiffs thirty days to amend their
complaint to avoid a permanent dismissal. On April 2, 2025, lead
plaintiffs filed a second amended class action complaint. The
Company filed a motion to dismiss the second amended complaint on
June 2, 2025.
On September 10, 2025, the motion to dismiss the second amended
complaint was fully briefed.
MARA Holdings, Inc. is a global leader in digital asset compute
that develops and deploys innovative technologies to build a more
sustainable future.
MARDEN-KANE INC: Class Settlement in Suski Suit Gets Final Nod
--------------------------------------------------------------
In the class action lawsuit captioned as DAVID SUSKI, et al., v.
MARDEN-KANE, INC., et al., Case No. 3:21-cv-04539-SK (N.D. Cal.),
the Hon. Judge Sallie Kim entered an order granting final approval
of class action settlement and Attorney's fees.
-- The Court awards $750,000 in attorneys' fees and $75,000 in
litigation costs, but $100,000 of that amount will be held back
pending further order, to be issued after counsel have filed the
post distribution accounting required by the District’s
Procedural Guidance on Class Action Settlements.
The Court further awards $7,000 to each of the four named
Plaintiffs. The Court will award up to $96,000 to the claims
administrator Simpluris, Inc. upon a showing of Simpluris' costs.
Marden Kane is a full service promotion marketing agency
specializing in the development and implementation of sweepstakes,
contests, and instant win games.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Umle2S at no extra
charge.[CC]
MARQETA INC: Settlement Reached in Securities Suit
--------------------------------------------------
Marqeta, Inc. disclosed in its Form 10-Q report for the quarterly
period ended September 30, 2025, filed with the Securities and
Exchange Commission on November 5, 2025, that on November 3, 2025,
a settlement was reached for "In re Marqeta, Inc. Securities
Litigation," Case No. 24-08874-YGR (N.D. Cal), in principle, with
the lead plaintiff's counsel to resolve the Securities Actions for
payments totaling $13.0 million. The settlement is subject to
further documentation and judicial approvals.
On December 9, 2024, a putative securities class action lawsuit,
captioned "Wai v. Marqeta, Inc., et al.," Case No. 24-cv-08874
(N.D. Cal.), was filed in federal court in the U.S. District Court
for the Northern District of California against the company, its
former Chief Executive Officer, and its Chief Financial Officer
alleging violations of federal securities laws. The lawsuit
asserted that defendants made false or misleading statements
relating to its performance or revenue and gross profit
expectations in violation of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5.
It seeks to recover damages on behalf of shareholders who acquired
shares of the company's common stock during their respective
putative class periods.
This has been consolidated into one consolidated securities
litigation captioned "In re Marqeta, Inc. Securities Litigation,"
Case No. 24-08874-YGR and the court has appointed a lead plaintiff
and lead plaintiff's counsel in the matter. On April 10, 2025, the
lead plaintiff filed a consolidated amended complaint, which
alleges a putative class period of between February 28, 2024 and
November 4, 2024. The company and the other defendants filed a
motion to dismiss the consolidated amended complaint on May 15,
2025.
Marqeta, Inc. creates digital payment technology vis-a-vis a modern
card-issuing platform and payment card programs.
MARTINEZ REFINING: Continues to Defend Piscitelli Class Suit
------------------------------------------------------------
PBF Holding Co LLC disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company's subsidiary, Martinez Refining Company, continues to
defend itself from the Piscitelli class suit in the Superior Court
of the State of California, County of Los Angeles.
On August 16, 2023, in Joseph Piscitelli and Lara Zanzucchi v.
Martinez Refining Company LLC, its subsidiary MRC was named as a
defendant in a class action and representative action complaint
which contains allegations of public and private nuisance,
trespass, and negligence arising from MRC's operations. MRC filed
its answer to the complaint on October 31, 2023. The initial Court
hearing to discuss discovery issues was held on January 2, 2024.
At the hearing, the Court raised the issue of mediation and
directed the parties to meet and confer and agree to stipulate to a
mediation deadline. On January 9, 2024, the parties filed a
stipulation agreeing to consider private mediation by September 20,
2024.
On January 17, 2024, the Court issued a scheduling order setting
the class certification hearing for April 10, 2025. On April 4,
2024, the Court granted plaintiffs' motion for leave to file a
First Amendment Complaint (the "Piscitelli FAC") to add plaintiff
Malan and dismiss plaintiff Zanzucchi, which plaintiffs filed on
April 10, 2024.
On the same day, the Court granted plaintiffs’ motion. MRC filed
its answer to the Piscitelli FAC on April 23, 2024. On June 17,
2024, the Court granted plaintiffs’ motion to dismiss plaintiff
Piscitelli.
On December 20, 2024, plaintiffs' filed their motion for class
certification. MRC's opposition to the motion was filed on February
14, 2025. On February 21, 2025, the Piscitelli, Cruz, and Frye
judges issued an order for the parties to meet and confer and file
a list of common core issues.
On March 7, 2025, the Piscitelli plaintiffs’ filed their reply to
MRC's opposition to the class certification motion. On March 19,
2025, the Piscitelli, Cruz, and Frye plaintiffs and MRC filed their
list of common core issues. On April 10, 2025, the hearing on the
Piscitelli plaintiffs' motion for class certification was held. The
Court took the parties' arguments and briefs under submission.
On April 15, 2025, the Court related the Piscitelli, Cruz, Frye,
Saliba, Silvestri, and Manning cases under it for coordination of
common core issues in the cases. On July 16, 2025, the Court
granted MRC's motion to relate the Canning case to the Piscitelli,
Cruz, Frye, Saliba, Silvestri, and Manning cases for coordination
of common core issues in the cases. On September 30, 2025, the
Court issued an order denying Piscitelli plaintiffs' motion for
class certification. Plaintiffs did not appeal the order to the
Ninth Circuit.
On October 28, 2025, the Court held a case management conference
regarding all the related cases and instructed the parties to meet
and confer, further refine the common core issues, and report back
to the Court at the next case management conference on December 16,
2025.
The Company presently believes the outcome will not have a material
impact on its financial position, results of operations, or cash
flows.
Martinez Refining Company refines gasoline, diesel, and jet
fuel.[CC]
MERCURY FINANCIAL: Settlement Class in Bailey Wins Certification
----------------------------------------------------------------
In the class action lawsuit captioned as ANGELITA BAILEY, on her
own behalf and on behalf of all others similarly situated v.
MERCURY FINANCIAL, LLC, Case No. 8:23-cv-00827-DKC (D. Md.), the
Hon. Judge Chasanow entered an order that:
The court certified the following Settlement Class:
"All Maryland residents with credit card accounts for credit cards
issued by First Bank & Trust, Brookings SD ('FB&T') and serviced by
Mercury on or after August 2018, and the borrower made one or more
payments on the loan (each, a 'Class Member' and each such account,
an 'Account')."
Excluded from the class are all employees or representatives of
Mercury, and all court personnel
The eight (8) persons who have opted out of the Settlement Class,
as reflected by the Settlement Administrator’s Declaration of
October 16, 2025, are Shanna Macharsky, Hannah Christopher, Nadia
Alkatiri, Rodney Solis, Deborah Fallon, Neale R. Bierer, Mitchell
Feld, and Vanessa Hoffman. Any and all persons who opted out are
not Settlement Class members.
The court appoints Angelita Bailey as the Class Representative of
the Settlement Class and finds that she meets the adequacy
requirements of Fed.R.Civ.P. 23(a)(4).
The court appoints the following lawyers as Class Counsel for the
Settlement Class and finds that these counsel meet the adequacy
requirements of Fed.R.Civ.P. 23(a)(4): Richard S. Gordon and
Benjamin H. Carney of the law firm Gordon, Wolf & Carney, Chtd.,
11350 McCormick Rd., Executive Plaza 1, Suite 1000, Hunt Valley,
Maryland, 21031. Richard S. Gordon is appointed as Lead Counsel for
the Class.
Mercury is a financial services company.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eeIHe3 at no extra
charge.[CC]
MONARCH HEALTHCARE: Aguirre Appeals Suit Dismissal to 9th Circuit
-----------------------------------------------------------------
LISETH AGUIRRE is taking an appeal from a court order dismissing
the lawsuit entitled Liseth Aguirre, individually and on behalf of
all others similarly situated, Plaintiff, v. Optum Health Plan of
California, Defendant, Case No. 5:25-cv-01161-JGB-SP, in the U.S.
District Court for the Central District of California.
In this putative class action, the Plaintiff filed this complaint
against the Defendant for violation of the Telephone Consumer
Protection Act.
On July 21, 2025, the Defendant filed a motion to dismiss, which
Judge Jesus G. Bernal granted on Oct. 24, 2025.
The appellate case is entitled Aguirre v. Monarch Healthcare, A
Medical Group, Inc., Case No. 25-7123, in the United States Court
of Appeals for the Ninth Circuit, filed on November 12, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 17,
2025;
-- Appellant's Opening Brief is due on December 22, 2025; and
-- Appellee's Answering Brief is due on January 21, 2026. [BN]
Plaintiff-Appellant LISETH AGUIRRE, individually and on behalf of
all others similarly situated, is represented by:
Anthony Paronich, Esq.
PARONICH LAW, PC
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Defendant-Appellee MONARCH HEALTHCARE, A MEDICAL GROUP, INC. is
represented by:
Chad R. Fuller, Esq.
TROUTMAN PEPPER LOCKE LLP
11682 El Camino Real, Suite 400
San Diego, CA 92130
- and -
Jessamyn Vedro, Esq.
TROUTMAN PEPPER LOCKE, LLP
350 S. Grand Avenue, Suite 3400
Los Angeles, CA 90071
- and -
Virginia Bell Flynn, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
301 S. College Street, Suite 3400
Charlotte, NC 28202
MP2 ENTERPRISES: Utah Certifies "Brandi-Vanmeter" Class
-------------------------------------------------------
In the case captioned as Rebecca Brandi-Vanmeter, on behalf of
herself and those similarly situated, Plaintiff, v. MP2
Enterprises, LLC; Bryant Peterson; Layne Peterson; Doe Corporation
1-10; John Doe 1-10, Defendants, Case No.
4:23-cv-00081-DN-PK,(D.UTAH) District Judge David Nuffer of the
United States District Court for the District of Utah granted
Plaintiff's Motion for Rule 23 Class Certification.
Plaintiff Rebecca Brandi-Vanmeter, on behalf of herself and others
similarly situated, filed a Motion for Rule 23 Class Certification
and Memorandum in Support. Ms. Brandi-Vanmeter argued that she, and
147 others similarly situated persons, either are, or were,
employees of Defendants MP2 Enterprises (owned and managed by
Defendants Bryant Peterson and Lance Peterson, collectively
referred to as MP2), and MP2 willfully failed to pay the required
minimum wages in violation of the Fair Labor Standards Act (FLSA).
MP2, in response, relied on the central argument that Rule 23's
threshold requirements cannot be met because employees are bound by
an arbitration agreement that requires arbitration and waives an
employee's right to join a class action. Additional briefing and
precertification discovery was necessary and extended the briefing
schedule for the Motion to Certify.
The district court conditionally certified the collective action
after the parties stipulated on May 15, 2024, and Ms.
Brandi-Vanmeter's counsel sent notice to those who satisfied the
collective-action class definition (more specifically, defined as
delivery drivers who have worked at MP2 Pizza Hut stores dating
back three years prior to the filing of the complaint, September
27, 2023). Including the original named Plaintiff (Ms.
Brandi-Vanmeter) 148 delivery drivers consented to opting-in to the
class.
In response to the notices of consent, and Motion to Certify, MP2
objected to certification arguing that the putative class, except
Plaintiff, had signed arbitration agreements where they agreed to
binding arbitration and waived their rights to join a class action.
Other than an unsigned arbitration agreement, MP2 did not provide
any of the arbitration agreements as evidence of this defense.
The unsigned arbitration agreement is a two-page document that
includes both an English and Spanish version of the arbitration
agreement. Significantly, the English version lists MP2, while the
original Spanish version lists Pizza Hut and its affiliates.
Without any arbitration agreements to review, and this clear
discrepancy, precertification discovery of the 147 delivery drivers
and their associated arbitration agreements was ordered.
On February 13, 2025, MP2 produced the arbitration charts by state
(Arizona, Utah, and Nevada) of employees with the following
information: date of signature, employment start and end dates
(month/year), and the exhibit associated to the employees' signed
arbitration agreement.
According to the CourtThe key difference between the pre and post
litigation agreements is who the employee is agreeing to arbitrate
with. In the Original Arbitration Agreement employees enter into an
agreement with Pizza Hut, Inc. and its parents and affiliates,
officers and directors (collectively, Pizza Hut). By contrast, in
the Post-Litigation Arbitration Agreement employees enter into an
agreement with MP2 Enterprises, LLC and MP2 Alaska, LLC and its
parents and affiliates, officers and directors (collectively, MP2).
Again, it is notable that the Spanish version of the
Post-Litigation Arbitration Agreement was never changed but has
always referred to Pizza Hut.
The proposed class satisfies each of the four requirements under
Rule 23(a) -- numerosity, commonality, typicality, and adequacy --
and the class further meets the predominance and superiority
standards required under Rule 23(b)(3).
Commonality: The court stated: This requirement is satisfied when
the class members' claims depend upon a common contention, the
resolution of which will resolve an issue that is central to the
validity of each one of the claims in one stroke.
Typicality: The court found: Typicality is met when the
representative's claims arise from the same course of conduct that
gives rise to the claims of other class members and are based on
the same legal theory. Ms. Brandi-Vanmeter's claims are typical
because, like the other class members, she was subject to
Defendant's uniform wage and hour practices.
Adequacy: The court explained: "This requirement focuses on two
questions: (1) whether the named plaintiff and her counsel have any
conflicts of interest with other class members, and (2) whether the
named plaintiff and her counsel will prosecute the action
vigorously on behalf of the class. The Court observed that . Ms.
Brandi-Vanmeter’s interests are fully aligned with those of the
class—she seeks recovery for the same statutory violations and
under the same factual circumstances. Her counsel has experience
and expertise in wage-and-hour and class action litigation.
Together, they will adequately represent the class’s interests
MP2 acknowledged that the Original Arbitration Agreement does not
expressly name them as a party, but argued that they are considered
affiliates of Pizza Hut. In support of this assertion, MP2 provided
in precertification discovery their franchise agreement with Pizza
Hut. In its Amended Additional Briefing, MP2 relied on the general
definitions of affiliate and control found in Arizona, Nevada, and
Utah's corporation statutes, asserting that the Franchise Agreement
contains provisions demonstrating Pizza Hut's control over MP2's
operations, finances, and corporate structure that are sufficient
to establish an affiliation. MP2 did not cite to any case law
supporting this assertion.
The Court found that a plain reading of the Arbitration Exhibits,
when considered together with the Franchise Agreement, demonstrates
that MP2 is not an affiliate of Pizza Hut; is not a party to the
Original Arbitration Agreement; and therefore cannot enforce its
terms against its employees.
As to the Post-Litigation Arbitration Agreements, MP2 was ordered
to produce any other relevant and responsive information pertaining
to communications with potential class members. MP2's manager,
Bryant Peterson, in his declaration explained that all current
employees identified in a review of the arbitration agreements have
since signed arbitration agreements as a matter of Company policy.
Mr. Peterson further explained that this was done to ensure
consistency in onboarding practices and not to influence this
lawsuit in any way. Yet, this action departed from MP2's consistent
and normal practices, and until this lawsuit employees had never
signed arbitration agreements with MP2 before, only Pizza Hut.
The Court found that by MP2's own admissions, all potential class
members identified after litigation had begun were contacted and
approached about signing the newer Post-Litigation Arbitration
Agreement. The Court determined that there has been a compelling
showing that the Post-Litigation Arbitration Agreements are
misleading, improper, confusing, and coercive communications. The
Court ordered that MP2 shall refrain from any further communication
with Opt-in Plaintiffs regarding this lawsuit, until after the
opt-in period has close.
The central issue--whether Defendant's compensation policies and
practices violated the FLSA by failing to pay employees minimum
wage--is common to all proposed class members. Each member's claim
arises from the same uniform policies and timekeeping procedures,
cost keeping mechanisms, and their entitlement to unpaid wages
turns on the same legal and factual determinations.
A copy of the Court's decision dated November 17, 2025 is available
at https://urlcurt.com/u?l=HamtkX from PacerMonitor.com
NATERA INC: Awaits Court OK of Settlement in Calif. Patient Suit
----------------------------------------------------------------
Natera, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it is awaiting court approval of the
settlement entered in the class action lawsuit filed by a patient
in a California court.
In February 2022, two purported class action lawsuits were filed
against the Company in the United States District Court for the
Northern District of California. Each suit was filed by an
individual patient alleging various causes of action related to the
marketing of Panorama and seeking, among other relief, class
certification, monetary damages, attorneys' fees, and costs. These
matters have been consolidated. The Company filed a motion to
dismiss the consolidated lawsuit, which resulted in the plaintiffs
filing an amended complaint in April 2023.
The Company and the plaintiffs have reached a settlement of all
claims. The proposed settlement has been submitted to the District
Court for approval.
NATERA INC: Continues to Defend Genetic Test Suit in California
---------------------------------------------------------------
Natera, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against a
putative class action lawsuit alleging various causes of action
relating to the Company's preimplantation genetic test for
aneuploidies pending in a California court.
In October 2024, a purported class action lawsuit was filed against
the Company in the United States District Court for the Northern
District of California, by patients alleging various causes of
action relating to the Company's preimplantation genetic test for
aneuploidies. They request, among other relief, class
certification, injunctive relief, restitution and/or disgorgement,
attorneys' fees, and costs.
The Company has filed a motion to dismiss the lawsuit, which was
granted on August 4, 2025, and the case was dismissed without
prejudice. In August 2025, the Plaintiffs filed an Amended
Complaint.
NATERA INC: Court Certifies Class in Texas Securities Suit
----------------------------------------------------------
Natera, Inc., disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that a court has certified a class in a
securities class action lawsuit pending in a Texas court.
In March 2022, a purported class action lawsuit was filed against
the Company and certain of its management in the Supreme Court of
the State of New York, County of New York, asserting claims under
Sections 11, 12, and 15 of the Securities Act of 1933.
The complaint alleged, among other things, that the Company failed
to disclose certain information regarding its Panorama test. The
complaint sought, among other relief, monetary damages, attorneys'
fees, and costs.
This matter was dismissed and the claims raised in this matter have
been included in the purported class action lawsuit filed against
the Company and certain of its management in the United States
District Court for the Western District of Texas, asserting claims
under Sections 10(b) and 20(a) of the Securities Act of 1934 and
Rule 10b-5 thereunder.
The complaint, filed in April 2022 and amended in October 2022 (to
include, among others, the claims raised in the lawsuit discussed
in the preceding paragraph), alleges, among other things, that the
management defendants made materially false or misleading
statements, and/or omitted material information that was required
to be disclosed, about certain of the Company's products and
operations.
The complaint seeks, among other relief, monetary damages,
attorneys' fees, and costs.
The Company filed a motion to dismiss this lawsuit, which was
granted in part and denied in part. The Court has certified the
class.
NATIONAL ASSOCIATION: Agrees to Settle Antitrust Suit for $42MM
---------------------------------------------------------------
Top class Actions reports that thirty-five real estate companies
agreed to pay more than $42 million to resolve class action lawsuit
claims they violated antitrust laws by requiring home sellers to
pay commissions to both the seller's and buyer's brokers.
The National Association of Realtors (NAR) settlement benefits
consumers who sold a home listed on a multiple listing service and
paid a commission to a real estate brokerage in connection with the
sale of the home.
The settlement covers home sales that occurred between:
-- Oct. 31, 2017, and Oct. 14, 2025, in Alabama, Georgia,
Indiana, Maine, Michigan, Minnesota, New Jersey, Pennsylvania,
Tennessee, Vermont, Wisconsin or Wyoming;
-- Oct. 31, 2018, and Oct. 14, 2025, in Arkansas, Kentucky or
Missouri; or
-- Oct. 31, 2019, and Oct. 14, 2025, anywhere else in the United
States.
According to the antitrust class action lawsuit, the National
Association of Realtors and real estate companies violated federal
antitrust laws by requiring home sellers to pay commissions to both
the seller's and buyer's brokers. These practices allegedly
inflated the total commissions paid by home sellers.
The NAR is a trade association that represents real estate
professionals. The association and other real estate companies have
settled similar class action lawsuits for more than $1 billion.
The defendants in the National Association of Realtors settlement
are William Raveis, Howard Hanna, EXIT, Windermere, Lyon, Charles
Rutenberg, My Home, Tierra Antigua and West USA.
The defendants have not admitted any wrongdoing but agreed to a
$42,787,500 class action settlement to resolve the allegations.
Class members can receive a cash payment from the home-selling fees
settlement. Exact payments will vary depending on the amount each
class member paid in commissions and the number of claims filed
with the settlement.
The deadline for exclusion and objection is Dec. 30, 2025.
The final approval hearing for the real estate commissions
settlement is scheduled for Feb. 5, 2026.
To receive settlement benefits, class members must submit a valid
claim form by Dec. 30, 2025.
Who's Eligible
Consumers who sold a home listed on a multiple listing service and
paid a commission to a real estate brokerage in connection with the
sale of the home.
Potential Award
TBD
Proof of Purchase
The claim form must include information pertaining to and/or
evidence of the home sale and commissions paid.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
December 30, 2025
Case Name
Gibson, et al. v. National Association of Realtors, et al., Case
No. 23-CV-788-SRB and Keel v. National Association of Realtors, et
al., Case No. 25-cv-00759, in the United States District Court for
the Western District of Missouri
Final Hearing
02/05/2026
Settlement Website
RealEstateCommissionLitigation.com/Gibson3andKeel2
Claims Administrator
Gibson, et al. v. The National Association of Realtors, et al.
c/o JND Legal Administration
P.O. Box 91479
Seattle, WA 98111
info@RealEstateCommissionLitigation.com
(888) 995-0207
Class Counsel
Eric Dirks
WILLIAMS DIRKS DAMERON LLC
Defense Counsel
HINSHAW & CULBERTSON LLP
BRYAN CAVE LEIGHTON PAISNER LLP
WIGGIN AND DANA LLP
STOEL RIVES LLP
JENNINGS HAUG KELEHER MCLEOD WATERFALL LLP
WILMER CUTLER PICKERING HALE AND DORR LLP [GN]
NATIONAL AUTOMOTIVE: Bagwa Suit Removed to W.D. Washington
----------------------------------------------------------
The case styled as Harjot Bagwa, on his own behalf and on behalf of
others similarly situated v. National Automotive Parts Association
LLC, Case No. 25-00002-30048-0-KNT was removed from the King County
Superior Court, to the U.S. District Court for the Western District
of Washington on Nov. 14, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02280-RAJ to the
proceeding.
The nature of suit is stated as Other Fraud.
National Automotive Parts Association LLC --
https://www.napaonline.com/ -- is a trusted source for automotive
parts, accessories & know how for cars, trucks or SUVs.[BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Ave., Ste. 1610
Chicago, IL 60611
Phone (872) 263-1100
Fax: (872) 263-1109
Email: sam@turkestrauss.com
The Defendant is represented by:
Dailey Koga, Esq.
Erin M. Wilson, Esq.
Jeffrey M. Odom, Esq.
BALLARD SPAHR LLP (SEA)
1301 2nd Ave., Ste. 2800
Seattle, WA 98101
Phone: (206) 223-7000
Email: kogad@ballardspahr.com
wilsonem@ballardspahr.com
odomj@ballardspahr.com
NAVY FEDERAL: Phlaum Appeals Amended Suit Dismissal to 9th Circuit
------------------------------------------------------------------
BLANCHE PHLAUM, et al. are taking an appeal from a court order
dismissing their lawsuit entitled Blanche Phlaum, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs v. Navy Federal Credit Union, et al., Defendants, Case
No. 5:24-cv-00765-JGB-DTB, in the U.S. District Court for the
Central District of California.
As previously reported in the Class Action Reporter, this is an
action seeking monetary damages, restitution, and injunctive relief
due to the Defendants' policy and practice to assess Overdraft or
Non-Sufficient Funds (NSF) Fees on items that had previously
triggered NSF Fees.
On Sept. 20, 2024, the Plaintiffs filed a second amended complaint
(SAC).
On Nov. 4, 2024, the Defendants filed a motion to dismiss the
Plaintiffs' SAC, which Judge Jesus G. Bernal granted on Oct. 10,
2025. The SAC is dismissed without leave to amend.
The appellate case is entitled Phlaum, et al. v. Navy Federal
Credit Union, et al., Case No. 25-7070, in the United States Court
of Appeals for the Ninth Circuit, filed on November 7, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 12,
2025;
-- Appellant's Opening Brief is due on December 17, 2025; and
-- Appellee's Answering Brief is due on January 16, 2026. [BN]
Plaintiffs-Appellants BLANCHE PHLAUM, et al., individually and on
behalf of all others similarly situated, are represented by:
Taras P. Kick, Esq.
KICK LAW FIRM, APC
815 Moraga Drive, Suite 1000
Los Angeles, CA 90049
Defendants-Appellees NAVY FEDERAL CREDIT UNION, et al. are
represented by:
Frederick B. Burnside, Esq.
DAVIS WRIGHT TREMAINE, LLP
920 5th Avenue, Suite 3300
Seattle, WA 98104
- and -
Sancho Accorsi, Esq.
DAVIS WRIGHT TREMAINE, LLP
350 S. Grand Avenue, 27th Floor
Los Angeles, CA 90071
NCR ATLEOS: Continues to Defend "Hoak"
--------------------------------------
NCR Atleos Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the class action lawsuit styled Hoak, et al. v. Plan
Administrator of the Plans of NCR Corporation.
"Pursuant to the Separation and Distribution Agreement, we share
costs and liability equally with Voyix for certain pre-existing
litigation matters known as of the Separation date. These matters
are managed solely by Voyix, and we rely on information provided to
us by Voyix to determine the amount of potential liability.
"In November 2015, in Hoak, et al. v. Plan Administrator of the
Plans of NCR Corporation, participants and beneficiaries of certain
deferred compensation retirement plans sponsored by NCR Corporation
(collectively, the "Plan") filed a putative class action lawsuit
against NCR and other defendants, alleging the defendants breached
the plan agreements by, among other things, paying lump sum
payments based on mortality tables and actuarial calculations upon
termination of the Plan. The court certified a class in 2017.
"On June 10, 2024, the trial court entered final judgment and
ordered Voyix to calculate the "benefits due" to the Plan
participants, including pre-judgment interest, based on the sum
that would have been sufficient to allow each participant to
purchase a replacement annuity using discount rates prescribed by
the Pension Benefit Guaranty Corporation in effect as of the
February 25, 2013 termination date. Voyix filed a notice of appeal
on July 2, 2024.
"After hearing oral arguments on August 12, 2025, the appellate
court affirmed the trial court judgment on August 26, 2025.
Subsequent to the end of the quarter, on October 7, 2025, Voyix
filed a petition for rehearing en banc, which remains pending.
Voyix also reports that it intends to seek reimbursement of any
final award from its insurance carriers to the extent of its
coverage under applicable fiduciary liability insurance policies.
"We evaluated the appellate opinion, judgment and order and, after
consulting with Voyix, concluded that, as of September 30, 2025, a
loss of up to $22 million, representing the Company's obligation to
indemnify Voyix for 50% of any award, is probable and estimable
and, therefore, recorded an accrual for this amount," the Company
stated.
NCR VOYIX: Continues to Defend Plan Participants' Suit
------------------------------------------------------
NCR Voyix Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself in the class action lawsuit filed by participants and
beneficiaries in five "nonqualified" deferred compensation
retirement plans sponsored by the Company.
"In November 2015, several participants and beneficiaries in five
"nonqualified" deferred compensation retirement plans sponsored by
the Company (collectively, the "Plans") filed a putative class
action lawsuit against the Company and other named defendants. The
plaintiffs alleged, among other things, that the Company breached
the terms of the Plan agreements when, upon termination of the
Plans, the Company paid lump sum payments based on mortality tables
and actuarial calculations. In September 2017, the court certified
a class.
"On February 6, 2024, the court entered summary judgment in favor
of the plaintiffs, finding that the Company breached the terms of
the Plans when it paid the lump sums in lieu of actuarially
equivalent replacement life annuities and ordered that the Company
provide class members the amount reflecting the difference between
the lump sums they received and the cost of the replacement life
annuities. The court further ordered the parties to brief as to
what the appropriate relief should have been based on the benefits
due to each Plan participant (the "Requested Relief Order"). On
April 16, 2024, the Company filed its position on the Requested
Relief Order.
"On June 10, 2024, the Court ruled against the Company's position
to the Requested Relief Order, entered a final judgment against the
Company, and ordered the Company to calculate the "benefits due" to
the Plan participants, including pre-judgment interest, based on
the sum that would have been sufficient to allow each participant
to purchase a replacement annuity using discount rates prescribed
by the Pension Benefit Guaranty Corporation in effect as of the
February 25, 2013 termination date.
"The Company is contesting this matter vigorously. On July 2, 2024,
the Company filed a notice of appeal. The parties stipulated to a
$45 million supersedeas bond, which was filed on September 12, 2024
and a stay was issued. The appellate court heard oral arguments on
August 12, 2025, and on August 26, 2025, the appellate court
affirmed the decision of the district court. On October 7, 2025,
the Company filed a petition for rehearing en banc. As of this
filing, the Company's petition for rehearing remains pending with
the appellate court. Any amount sustained following completion of
the appeal of this matter and remand to the district court for a
damages determination is subject to an indemnity obligation by NCR
Atleos to contribute 50% of any award. The Company also intends to
seek reimbursement of any final award from its insurance carriers
to the extent of its coverage under applicable fiduciary liability
insurance policies. As of September 30, 2025, the Company has
recorded an accrual of $44 million, as well as a receivable from
NCR Atleos for $22 million, in connection with this matter," the
Company stated.
NCR VOYIX: Guirguis Wage Suit Removed to C.D. Cal.
--------------------------------------------------
The case styled as FADY GUIRGUIS, an individual and on behalf of
all others similarly situated, Plaintiff v. NCR VOYIX CORPORATION,
a Maryland corporation; and DOES 1 through 100, inclusive,
Defendants, Case No. 30-2025-01502090-CU-OE-CXC, was removed from
the Orange County Superior Court to the United States District
Court for the Central District of California on November 17, 2025.
The District Court Clerk assigned Case No. 8:25-cv-02578 to the
proceeding.
The Plaintiff's complaint alleges causes of action for (1) failure
to pay overtime wages; (2) failure to pay minimum wages; (3) meal
period violations; (4) rest period violations; (5) failure to pay
wages due upon termination; (6) wage statement violations; (7)
failure to provide payroll records; and (8) failure to provide
personnel records, (9) failure to reimburse necessary business
expenditures, (10) unfair competition, and (11) civil penalties
under the California Private Attorneys General Act.
NCR Voyix Corporation, previously known as NCR Corporation and
National Cash Register, is a global software, consulting and
technology company providing several professional services and
electronic products.[BN]
The Defendant is represented by:
Jennifer B. Zargarof, Esq.
Mason J. Hattam, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue, 22nd Floor
Los Angeles, CA 90071
Telephone: +1-213-612-2500
Facsimile: +1-213-612-2501
E-mail: jennifer.zargarof@morganlewis.com
mason.hattam@morganlewis.com
NEUMORA THERAPEUTICS: Faces Securities Suit in New York
-------------------------------------------------------
Neumora Therapeutics, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it is facing a securities
class action lawsuit in a New York court.
"On February 6, 2025, a purported stockholder of the Company filed
a lawsuit against us, certain executive officers, and certain
underwriters in the United States District Court for the Southern
District of New York (Case No. 1:25-cv-01072).
"The complaint is a putative class action alleging violations of
the Securities Act of 1933, as amended (the "Securities Act")
related to our initial public offering on September 15, 2023. The
plaintiff seeks compensatory damages, as well as fees and costs.
The complaint claims that our offering documents contained false
and misleading statements and omitted material facts about the
prospects of navacaprant.
"We do not believe these allegations have merit and intend to move
to dismiss," the Company stated.
NEW YORK: Mule Appeals Court Order to N.Y. Appellate Division
-------------------------------------------------------------
ANDREW MULE is taking an appeal from a court order in the lawsuit
entitled Andrew Mule, individually and on behalf of all others
similarly situated, Plaintiff, v. Yann Geron as Chapter 7 Trustee
of Robert F.X. Sillerman, Defendant, Case No. 654984/2016, in the
lower court of New York.
The case type is stated as Civil Action – General.
The appellate case is entitled Andrew Mule vs. Yann Geron, Case No.
25-07191, in the First Judicial Department of New York Appellate
Division, filed on November 10, 2025. [BN]
Defendant-Respondent YANN GERON as Chapter 7 Trustee of Robert F.X.
Sillerman is represented by:
Michael Burrows, Esq.
GREENBERG TRAURIG, LLP
One Vanderbilt Avenue
New York, NY 10017
Telephone: (212) 801-6757
Email: burrowsm@gtlaw.com
NEWELL BRANDS INC: Bertoletti Files Suit in N.D. Illinois
---------------------------------------------------------
A class action lawsuit has been filed against Newell Brands Inc.
The case is styled as Patrick Bertoletti, individually and on
behalf of all others similarly situated v. Newell Brands Inc. doing
business as Sunbeam Products, Case No. 1:25-cv-13934 (N.D. Ill.,
Nov. 13, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Newell Brands Inc. doing business as Sunbeam --
https://www.sunbeam.com/ -- offers heated throws, blankets,
mattress pads, a pulse oximeter, irons, steamers, cordless heating,
and everyday essentials.[BN]
The Plaintiffs are represented by:
Brett Robert Cohen, Esq.
One Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
Email: bcohen@leedsbrownlaw.com
NEWS CORP: Awaits Final Court OK of Deal in OPIS Suit
-----------------------------------------------------
News Corporation disclosed in a Form 10-Q for the quarterly period
ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it is awaiting final court approval of the
settlement in the class action lawsuit against certain pipe
converters, distributors and the Company's subsidiary, Oil Price
Information Service, LLC ("OPIS").
Beginning in August 2024, a number of purported class action
complaints have been filed in the U.S. District Court for the
Northern District of Illinois against certain pipe converters,
distributors and the Company's subsidiary, Oil Price Information
Service, LLC ("OPIS"), alleging violations of federal and state
antitrust laws. The complaints seek treble damages, injunctive
relief and attorneys' fees and costs. In May 2025, the Company
entered into a settlement which would resolve the complaints. The
settlement received preliminary court approval in July 2025 but
remains subject to final approval.
In September 2025, a similar purported class action was filed in
the Supreme Court of British Columbia alleging violations of
certain provisions of Canadian law and claiming damages and costs
among other relief. The Company is currently evaluating this
action, and it is not possible at this time to predict with any
degree of certainty the ultimate outcome.
NEWS CORP: HarperCollins Continues to Defend Antitrust Suit
-----------------------------------------------------------
News Corporation disclosed in a Form 10-Q for the quarterly period
ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that its subsidiary, HarperCollins Publishers,
L.L.C., continues to defend itself in an antitrust class action
lawsuit pending in a New York court.
Beginning in February 2021, a number of purported class action
complaints have been filed in the U.S. District Court for the
Southern District of New York (the "N.Y. District Court") against
Amazon.com, Inc. ("Amazon") and certain publishers, including the
Company's subsidiary, HarperCollins Publishers, L.L.C.
("HarperCollins" and together with the other publishers, the
"Publishers"), alleging violations of antitrust and competition
laws.
The complaints seek treble damages, injunctive relief and
attorneys' fees and costs. In August 2023, the N.Y. District Court
dismissed the complaints in one of the cases with prejudice and in
March 2024, the court dismissed the complaint against the
Publishers in the remaining case with prejudice. However, the
plaintiffs' time to appeal the N.Y. District Court's decision to
dismiss in the latter case does not expire until the complaint
against Amazon in that case has been finally determined.
While it is not possible at this time to predict with any degree of
certainty the ultimate outcome of these actions, HarperCollins
believes it has been compliant with applicable laws and intends to
defend itself vigorously.
NORDSTROM INC: Osorio Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Tomas Osorio, an individual and on behalf of
all others similarly situated v. NORDSTROM, INC., a Washington
corporation; and DOES 1 through 100, inclusive, Case No.
30-2025-01507436-CU-OE-CXC was removed from the Superior Court of
California for the County of Orange, to the United States District
Court for Central District of California on Nov. 13, 2025, and
assigned Case No. 8:25-cv-02552.
The Plaintiff's Complaint contains nine causes of action for unpaid
overtime, unpaid minimum wages, unpaid meal period premiums, unpaid
rest period premiums, waiting time penalties, non-compliant wage
statements, failure to timely pay wages at termination, violation
of quota laws, and violation of Business & Professions Code.[BN]
The Defendants are represented by:
Nathan W. Austin, Esq.
Raja A. Hafed, Esq.
Keelia K. Lee, Esq.
JACKSON LEWIS P.C.
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Phone: (916) 341-0404
Email: nathan.austin@jacksonlewis.com
raja.hafed@jacksonlewis.com
keelia.lee@jacksonlewis.com
NORLITE LLC: Class Cert Bid in Hill Suit Due Dec. 15
----------------------------------------------------
In the class action lawsuit captioned as Hill, et al., v. Norlite,
LLC, et al., Case No. 1:21-cv-00439 (N.D.N.Y., Filed April 16,
2021), the Hon. Judge Elizabeth C. Coombe entered an order as
follows:
-- Dispositive motions are to be filed by Dec. 15, 2025
-- Class Certification Motion due by Dec. 15, 2025
-- Deadlines for filing responses to these motions will be
Jan. 29, 2026.
-- Deadline for reply briefs will be Feb. 16, 2026.
The nature of suit states Real Property -- Torts to Land.
Norlite is a manufacturer of lightweight aggregate materials.[CC]
NORTHWEST PIPE: Camarillo Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Northwest Pipe
Company. The case is styled as Jaime Camarillo, individually, and
on behalf of other members of the general public similarly situated
v. Northwest Pipe Company, NWPX Infrastructure, Inc., Case No.
STK-CV-UOE-2025-0016909 (Cal. Super. Ct., San Joaquin Cty., Nov.
14, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Northwest Pipe Company -- https://www.nwpipe.com/ -- provide the
highest quality products to the most exacting and challenging
specifications.[BN]
The Plaintiff is represented by:
Bevin Allen Pike, Esq.
CAPSTONE LAW APC
1875 Century Park E., Ste. 1000
Los Angeles, CA 90067-2533
Phone: 310-712-8010
Email: Bevin.Pike@capstonelawyers.com
NORWOOD FINANCIAL: Continues to Defend MOVEIt Data Breach Suit
--------------------------------------------------------------
Norwood Financial Corp. disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself in the MOVEIt data breach lawsuit.
On February 20, 2024, the Company was notified of a Complaint (the
"Complaint") entitled Ian Werkmeister vs. Wayne Bank, filed on
February 12, 2024 in the United States District Court for the
Middle District of Pennsylvania seeking class action status.
The Plaintiff is seeking monetary recovery and other relief on
behalf of themselves and one or more putative classes of other
individuals similarly situated. The Complaint arises out of a
widely reported data security incident involving MOVEit, a file
sharing software used globally by government agencies, enterprise
corporations, and financial institutions. In October of 2023, Wayne
Bank was notified by its third-party information service provider
of a cyber-incident that involved unauthorized access to Wayne Bank
customer information in one of the vendor's file transfer
applications. The incident involved vulnerabilities discovered in
MOVEit Transfer, a file transfer software used by the Bank's vendor
to support services provided by the vendor to Wayne Bank and its
related institutions. MOVEit is a commonly used secure Managed File
Transfer software, which supports file transfer activities used by
thousands of organizations around the world, including government
agencies and major financial firms. The vulnerability discovered in
MOVEit did not involve any of Wayne Bank's internal systems and did
not impact the Bank's ability to service its customers.
The MOVEit cases have since been transferred and consolidated in
the United States District Court for the District of Massachusetts
(the "Court") and are now entitled MOVEit Customer Data Security
Breach Litigation. On July 23, 2024, on behalf of all of the
Defendants (including the Company) in this case, an omnibus Motion
to Dismiss the cases for lack of Article III standing pursuant to
Rule 12(b)(1) of the Federal Rules of Civil Procedure was filed
with the Court. A hearing on this motion was held on October 9,
2024. On December 12, 2024, Judge Burroughs denied the defendants'
Rule 12(b)(1) motion in large part. The Court has ordered that a
bellwether process be used to test claims and defenses. Because
Wayne Bank is not a bellwether defendant, its obligations will be
much lessened but will include, among other things, modest
discovery.
The Company believes it has meritorious defenses to the claims
asserted in the Complaint and intends to vigorously defend itself
against such Complaint.
"While we continue to measure the impact of this cyber-incident,
including certain remediation expenses and other potential
liabilities, we do not currently believe this incident will have a
material adverse effect on our business, operations, or financial
results," the Company stated.
NUSCALE POWER: Board Seeks Resolution of Delaware Suit
------------------------------------------------------
Nuscale Power Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that the Company's Board of
Directors has sought an early negotiated resolution of a purported
class action lawsuit pending in a Delaware court.
On December 10, 2024, a purported class action lawsuit titled
Tucker v. NuScale Power Corporation, et al., Case No. 2024-1272-NAC
(Del. Ch. Ct.) was filed in the Court of Chancery of the State of
Delaware. The lawsuit names the Company, eight current board
members and one former board member as defendants.
The lawsuit broadly alleges that the Company's corporate
opportunity waiver provision contained in the Company's Certificate
of Incorporation is overbroad and impermissibly waives certain
fiduciary duties in contradiction to state statutory law. The named
plaintiff seeks injunctive and declaratory relief, certification as
class representative, and costs and fees for a to-be certified
class of plaintiffs. The Board determined that it was in the
Company's best interest to seek an early negotiated resolution of
the lawsuit without admitting liability, and before incurring
significant litigation costs.
NUSCALE POWER: Oregon Court Dismisses Securities Suit
-----------------------------------------------------
Nuscale Power Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that an Oregon court has
dismissed with prejudice the consolidated securities class action
lawsuit.
Multiple shareholder class action lawsuits were filed in the U.S.
District Court for the District of Oregon against the Company and
certain of its current or former officers, namely John Hopkins,
Chris Colbert, Robert Hamady and Clayton Scott: (1) Sigman v.
NuScale Power Corp., et al. (Case No. 23-1689, filed November 15,
2023), and (2) Ryckewaert v. NuScale Power Corp., et al. (Case No.
23-1956, filed December 26, 2023).
These lawsuits asserted virtually identical allegations and claims
and were consolidated before the same judge on February 2, 2024.
The lawsuits assert claims under the federal securities laws and
allege that the Company and members of management made materially
false and/or misleading statements and failed to disclose material
adverse facts about the Company's business, operations and
prospects, and specifically about certain of the Company's
agreements with customers.
On July 1, 2025, after granting the Company's motion to dismiss,
the court entered a judgment dismissing the consolidated case with
prejudice.
OLAPLEX HOLDINGS: Awaits Final OK of Settlement in Securities Suit
------------------------------------------------------------------
Olaplex Holdings, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it is awaiting final court
approval of the settlement in a securities class action lawsuit
pending in a California court.
On November 17, 2022, a putative securities class action was filed
against the Company and certain of its current and former officers
and directors in the United States District Court for the Central
District of California, captioned Lilien v. Olaplex Holdings, Inc.
et al., No. 2:22-cv-08395. A consolidated complaint was filed on
April 28, 2023, which names as additional defendants the
underwriters for the Company's IPO and various stockholders that
sold shares of common stock of the Company in the IPO. The action
is brought on behalf of a putative class of purchasers of the
Company's common stock in or traceable to the Company's IPO and
asserts claims under Sections 11, 12, and 15 of the Securities Act
of 1933. The action seeks certification of the putative class,
compensatory damages, attorneys' fees and costs, and any other
relief that the court determines is appropriate. The defendants
moved to dismiss the consolidated complaint on July 19, 2023. The
court held hearings on the defendants' motions to dismiss on
October 16, 2023 and July 1, 2024. On August 23, 2024, the court
issued an order staying the action pending the United States
Supreme Court's resolution of the appeal in Facebook, Inc., et al.
v. Amalgamated Bank, et al., No. 23-980. On November 22, 2024, the
Supreme Court dismissed the appeal as improvidently granted,
leading to the stay of the Lilien action being lifted.
On February 7, 2025, the court issued a decision on the defendants'
motions to dismiss, granting the motions in part and denying them
in part. Specifically, the court granted the motions filed by the
underwriter and stockholder defendants but denied the motion to
dismiss filed by the Company and the director and officer
defendants. On April 3, 2025, the court set a hearing on class
certification for July 21, 2025, a pretrial conference for
September 29, 2025 and a trial start date for October 14, 2025. The
underwriter defendants previously notified the Company of their
intent to seek indemnification from the Company pursuant to the IPO
underwriting agreement regarding the claims asserted in this
action. On July 2, 2025, the parties filed a joint stipulation
notifying the court that they had reached an agreement in principle
to settle the action on a class-wide basis and requesting that the
court vacate all further case deadlines. On July 16, 2025, the
court vacated the class certification hearing, pretrial, and trial
deadlines, and ordered the parties to file a motion for preliminary
approval of the settlement by August 1, 2025.
On August 1, 2025, the parties executed a settlement agreement, and
the lead plaintiff filed its motion for preliminary approval of the
settlement. On August 8, 2025, the court granted the motion for
preliminary approval of the settlement and set the final approval
hearing for December 1, 2025. The Company continues to expressly
deny any charges or allegations of wrongdoing or liability arising
out of any of the conduct, statements, acts, or omissions alleged
in the action.
ONITY GROUP: Awaits Final Court OK of Settlement in PHH Suit
------------------------------------------------------------
Onity Group Inc. disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it is awaiting final court approval of a
settlement in a putative class action filed in 2008 in the United
States District Court for the Eastern District of California
against PHH Corporation.
"We continue to be involved in legacy matters arising prior to
Onity's October 2018 acquisition of PHH Corporation, including a
putative class action filed in 2008 in the United States District
Court for the Eastern District of California against PHH
Corporation and related entities alleging that PHH Corporation's
legacy mortgage reinsurance arrangements between its captive
reinsurer, Atrium Insurance Corporation, and certain mortgage
insurance providers violated RESPA. See Munoz v. PHH Mortgage Corp.
et al. (Eastern District of California). In June 2015, the court
certified a class of borrowers who obtained loans with private
mortgage insurance through PHH's captive reinsurance arrangement
between June 2007 and December 2009. PHH asserted numerous legal
defenses against the claims. Following pre-trial developments in
August 2020, the only issues remaining for trial were whether the
plaintiffs had standing to bring their claims and whether the
reinsurance services provided by PHH Corporation's captive
reinsurance subsidiary, Atrium, were actually provided in order for
the safe harbor provision of RESPA to apply. In January 2022, the
Court denied a motion by the plaintiffs to enter new evidence and a
motion by PHH to decertify the class, which motion PHH may renew if
the case ultimately goes to trial. Following the entry of this
order, at the request of the parties, the Court dismissed all of
the plaintiffs' claims for lack of standing and entered judgment in
favor of PHH. The plaintiffs appealed to the United States Court of
Appeals for the Ninth Circuit, and in February 2023 that court
reversed and remanded for further proceedings. Following additional
proceedings, on March 19, 2025, the parties reached an agreement in
principle to settle the litigation and on August 11, 2025, the
Court granted preliminary approval of the settlement.
"We are currently going through the settlement administration
process and the Motion for Final Approval is expected to be filed
in the fourth quarter of 2025. Our current accrual with respect to
this matter is included in the $27.7 million legal and regulatory
accrual referenced above. At this time, Onity is unable to predict
the outcome of this lawsuit if the court does not approve the
settlement. If our efforts to defend this lawsuit are not
successful, our business, reputation, financial condition,
liquidity and results of operations could be materially and
adversely affected," the Company stated.
ONITY GROUP: Notice Process Concludes in "Weiner"
-------------------------------------------------
Onity Group Inc. disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that the notice process in the class action
styled Weiner v. Ocwen Financial Corp., et al., has concluded.
Onity is a defendant in a certified class action in the U.S.
District Court in the Eastern District of California where the
plaintiffs claim Onity marked up fees for property valuations and
title searches in violation of California state law.
In May 2020, the court ruled that plaintiff's recoverable damages
are limited to out-of-pocket costs, i.e., the amount of marked-up
fees actually paid, rather than the entire cost of the valuation
that plaintiffs sought. In October 2023, the parties reached a
tentative settlement to resolve the lawsuit prior to trial. On
March 29, 2024, the district court entered an order granting
preliminary approval of the parties' settlement agreement and
directing notice to the settlement class. The notice process began
on April 29, 2024 and concluded on September 29, 2025.
On October 10, 2024, the Court entered an order approving the
settlement.
OPEN LENDING: Texas Shareholder Suit Voluntarily Dismissed
----------------------------------------------------------
Open Lending Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with U.S.
Securities and Exchange Commission that the plaintiff in a
shareholder class action pending in Texas voluntarily dismissed the
case without prejudice.
"In May 2025, a putative shareholder class action lawsuit was filed
against the Company and our three former Chief Executive Officers
in the U.S. District Court for the Western District of Texas. The
class action was purportedly brought on behalf of persons who
allegedly suffered damages as a result of alleged materially false
and/or misleading statements and omissions about our business,
operations, and prospects in violation of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), and Rule 10b-5 promulgated thereunder. The complaint alleges
that defendants: (1) misrepresented the capabilities of the
Company's risk-based pricing models; (2) issued materially
misleading statements regarding the Company's profit share revenue;
(3) failed to disclose the Company's 2021 and 2022 vintage loans
had become worth significantly less than their corresponding
outstanding loan balances; (4) misrepresented the underperformance
of the Company's 2023 and 2024 vintage loans; and (5) as a result
of the foregoing, Defendants' positive statements about the
Company's business, operations, and prospects were materially
misleading and/or lacked a reasonable basis.
"Motions for appointment of lead plaintiff were due on June 30,
2025, and a lead plaintiff was appointed on July 17, 2025.
"On October 10, 2025, the lead plaintiff gave notice of voluntary
dismissal of the lawsuit, and on October 16, 2025, the lawsuit was
dismissed without prejudice," the Company stated.
OPPFI INC: Continues to Defend Securities Suit in Delaware
----------------------------------------------------------
OppFi Inc. disclosed in a Form 10-Q Report for the quarterly period
ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend a putative class
action lawsuit filed by a stockholder in a Delaware court.
On July 20, 2023, a stockholder filed a putative class action
complaint in the Court of Chancery of the State of Delaware (Case
No. 2023-0737) on behalf of a purported class of Company
stockholders naming certain of FGNA's former directors and officers
and its controlling stockholder, FG New America Investors, LLC (the
"Sponsor"), as defendants.
The lawsuit alleges that the defendants breached their fiduciary
duties to the stockholders of FGNA stemming from FGNA's merger with
OppFi-LLC and that the defendants were unjustly enriched. The
lawsuit seeks, among other relief, unspecified damages, redemption
rights, and attorneys' fees. On February 7, 2025, the complaint was
amended to name Todd Schwartz, the Company's Executive Chairman and
Chief Executive Officer, Theodore Schwartz, a director of the
Company, Schwartz Capital Group, the Company's former Chief
Executive Officer and a former investment banker of the Company,
alleging such parties aided and abetted the breaches of the
previously named defendants. The Company is not a party to the
lawsuit. The Company and OppFi-LLC are obligated to indemnify
certain of the defendants in the action. The Company and OppFi-LLC
have tendered defense of this action under their respective
directors' and officers' insurance policies.
Due to the early stage of this case, neither the likelihood that a
loss, if any, will be realized, nor an estimate of the possible
loss or range of loss, if any, can be determined.
ORRSTOWN FINANCIAL: Awaits Final OK of Settlement in "Alleman"
--------------------------------------------------------------
Orrstown Financial Services, Inc., disclosed in a Form 10-Q Report
for the quarterly period ended September 30, 2025, filed with the
U.S. Securities and Exchange Commission that it is awaiting final
court approval of the settlement in the putative class action
lawsuit styled captioned Alleman, on behalf of himself and all
others similarly situated, v. Orrstown Bank.
On March 25, 2022, a customer of the Bank filed a putative class
action complaint against the Bank in the Court of Common Pleas of
Cumberland County, Pennsylvania, in a case captioned Alleman, on
behalf of himself and all others similarly situated, v. Orrstown
Bank. The complaint alleges, among other things, that the Bank
breached its account agreements by charging certain overdraft fees.
The complaint seeks a refund of all allegedly improper fees,
damages in an amount to be proven at trial, attorneys' fees and
costs, and an injunction against the Bank's allegedly improper
overdraft practices. This lawsuit is similar to lawsuits filed
against other financial institutions pertaining to overdraft fee
disclosures.
On December 31, 2024, the Bank entered into a classwide settlement
agreement (the "Settlement Agreement"). The Settlement Agreement
provides for a payment by the Bank to the purported class in the
amount of $478 thousand, in exchange for a mutual release of claims
against all parties, and a stipulation that the lawsuit will be
dismissed with prejudice.
The Settlement Agreement does not include any admission of
wrongdoing by the Bank. The Bank has agreed to settle the case in
order to avoid the cost, risks and distraction of continued
litigation. The proposed settlement contemplated by the Settlement
Agreement is subject to final court approval.
ORRSTOWN FINANCIAL: Wins Partial Dismissal of "Pryde"
-----------------------------------------------------
Orrstown Financial Services, Inc., disclosed in a Form 10-Q Report
for the quarterly period ended September 30, 2025, filed with the
U.S. Securities and Exchange Commission that it has won partial
dismissal without prejudice of the putative class action lawsuit
styled Pryde, on behalf of himself and all others similarly
situated, v. Orrstown Bank.
On March 6, 2025, a customer of the Bank filed a putative class
action complaint against the Bank in the Court of Common Pleas of
Dauphin County, Pennsylvania, in a case captioned Pryde, on behalf
of himself and all others similarly situated, v. Orrstown Bank.
The complaint alleges, among other things, that the Bank violated
the Electronic Fund Transfer Act, Regulation E and the Pennsylvania
Unfair Trade Practices and Consumer Protection Law (PUTPCPL) and
was unjustly enriched when charging certain overdraft fees. The
complaint seeks a refund of all allegedly improper fees, damages in
an amount to be proven at trial, treble damages for violations of
the PUTPCPL, attorneys' fees and costs, and an injunction against
the Bank's allegedly improper overdraft practices.
On April 14, 2025, the Bank removed the case to the U.S. District
Court for the Middle District of Pennsylvania (the "Court"). On
November 5, 2025, the Court granted the Bank's Motion to Dismiss,
dismissing the Electronic Fund Transfer Act and Regulation E claims
without prejudice.
If the plaintiff does not amend his complaint within 21 days of the
decision, the plaintiff's PUTPCPL claim and state law claim for
unjust enrichment will be remanded to state court.
PACKAGING CORP: Continues to Defend Suit vs. Producers
------------------------------------------------------
Packaging Corporation of America disclosed in a Form 10-Q Report
for the quarterly period ended September 30, 2025, filed with the
U.S. Securities and Exchange Commission that it continues to defend
the purported class action lawsuit filed against U.S. and Canadian
containerboard producers.
On July 29, 2025, PCA and seven other U.S. and Canadian
containerboard producers were named as defendants in a purported
class action lawsuit, Artuso Pastry Foods Corp v. Packaging
Corporation of America, et al, No. 1:25-cv-08856, filed in the
United States District Court for the Northern District of Illinois,
alleging violations of the Sherman Act and the Clayton Act. The
complaint alleges that the defendants conspired to raise prices of
containerboard and restrict containerboard capacity, and that the
purpose and effect of the alleged conspiracy was to artificially
increase prices of containerboard products during the period of
November 1, 2020, to the present. The complaint was filed as a
purported class action suit on behalf of all purchasers of
containerboard products during such period. The complaint seeks
treble damages and costs, including attorney's fees.
PCA believes the allegations are without merit and will defend this
lawsuit vigorously.
PALANTIR TECHNOLOGIES: Continues to Defend Cupat Securities Suit
----------------------------------------------------------------
Palantir Technologies Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 3, 2025, that the
Company continues to defend itself from the Cupat securities class
suit in the United States District Court for the District of
Colorado.
On September 15, 2022, October 25, 2022, and November 4, 2022,
putative securities class action complaints were filed in the
United States District Court for the District of Colorado,
captioned Cupat v. Palantir Technologies Inc., et al., Case No.
1:22-cv-02384, Allegheny County Employees' Retirement System v.
Palantir Technologies, Inc., et al., Case No. 1:22-cv-02805, and
Shijun Liu, Individually and as Trustee of the Liu Family Trust
2019 v. Palantir Technologies Inc., et al., Case No. 1:22-cv-02893,
respectively, naming the Company and certain current and former
officers and directors as defendants.
The suits allege false and misleading statements about our business
and prospects, and purport to allege claims under the Securities
Exchange Act of 1934, as amended (the "Exchange Act") and the
Securities Act of 1933, as amended (the "Securities Act"), and seek
unspecified damages and remedies under Sections 10(b), 20(a), and
20(A) of the Exchange Act and Sections 11 and 15 of the Securities
Act. These three actions subsequently were consolidated as Cupat v.
Palantir Technologies Inc., et al., Lead Civil Action No.
1:22-cv-02834-CNS-SKC, consolidated with civil actions
1:22-cv-02805-CNS-SKC and 1:22-cv-02893-CNS-SKC. On March 31, 2024,
the Court dismissed the Cupat matter without prejudice.
On May 24, 2024, plaintiffs filed a second amended complaint. On
April 4, 2025, the Court dismissed the Cupat matter with prejudice
and entered judgment for the defendants on the same day. On May 2,
2025, plaintiffs filed a Notice of Appeal from the final judgment
with the United States Court of Appeals for the Tenth Circuit.
Palantir Technologies Inc. builds and deploys software platforms
that serve as the central operating systems for its customers.
PARTS AUTHORITY: Class Cert Briefing Sched Set for Jan. 13, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as CASEY, et al., v. PARTS
AUTHORITY, LLC, et al., Case No. 1:24-cv-02659 (D.D.C., Filed Sept.
17, 2024), the Hon. Judge Dabney L. Friedrich entered an order
setting a briefing schedule for any class certification and summary
judgment motions after the Court's contempt hearing for DAO
Logistics scheduled for January 13, 2026.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
The Defendant operates as a distributor of automotive and truck
parts to the aftermarket auto parts industry.[CC]
PBF HOLDING: Continues to Defend Cruz Class Suit in California
--------------------------------------------------------------
PBF Holding Co LLC disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Cruz class suit in the
Superior Court of the State of California, County of Los Angeles.
On December 15, 2023, in Alena Cruz and Shannon Payne vs. PBF
Energy Inc., et. al, the Company and its subsidiaries PBF Western
Region and MRC were named as defendants in a class action and
representative action complaint filed by Alena Cruz and Shannon
Payne, and on behalf of all others similarly situated. The
complaint contains allegations of Clean Air Act ("CAA") violations,
claims for medical and environmental monitoring, liability for
ultrahazardous activities, negligence, and public and private
nuisance from MRC's operations. The proposed class is all
individuals who reside and/or work in the City of Martinez,
including the surrounding communities of Alhambra Valley and
Franklin Canyon, as well as El Sobrante, Hercules, Benicia, and
Richmond, who have allegedly been exposed to elevated levels of
spent catalyst discharged from MRC's operations during the period
November 24, 2022 to the present.
On December 21, 2023, plaintiffs granted an extension until
February 5, 2024 for MRC to respond to the initial complaint. On
February 5, 2024, MRC filed a motion to dismiss on the pleadings.
In response, on February 16, 2024, plaintiffs filed a First
Amendment Complaint (the "Cruz FAC"). On February 29, 2024, MRC
filed a motion to dismiss the Cruz FAC on the pleadings.
Plaintiffs' opposition was filed on March 14, 2024. MRC filed its
reply to plaintiffs' opposition on March 21, 2024. At the motion
hearing on April 4, 2024, the Court granted MRC's request to
dismiss all wrongly named PBF entities and plaintiffs' CAA and
Medical Monitoring causes of action.
The Court ordered the Cruz and Piscitelli plaintiffs to meet and
confer on a joint discovery schedule and report back to the Court
by the end of April 2024. On May 17, 2024, MRC filed its answer to
the Cruz FAC. On June 5, 2024, the Court stayed the case, pending
the outcome of the class property damage claim in the Piscitelli
case. On January 23, 2025, the Court issued an order setting a
joint status conference for February 5, 2025 before the Piscitelli,
Cruz, and Frye Judges.
On February 21, 2025, the Piscitelli, Cruz, and Frye judges issued
an order for the parties to meet and confer and file a list of
common issues. On March 19, 2025, the parties filed their list of
common issues. On April 15, 2025, the Piscitelli Court related the
Piscitelli, Cruz, Frye, Saliba, Silvestri, and Manning cases under
it for coordination of common core issues in the cases.
On July 16, 2025, the Piscitelli Court granted MRC's motion to
relate the Canning case to the Piscitelli, Cruz, Frye, Saliba,
Silvestri, and Manning cases for coordination of common core issues
in the cases. On October 28, 2025, the Piscitelli Court held a case
management conference regarding all of the related cases and
instructed the parties to meet and confer, further refine the
common core issues, and report back to the Court at the next case
management conference on December 16, 2025.
The Company presently believe the outcome will not have a material
impact on its financial position, results of operations, or cash
flows.
PBF Holding is a wholly-owned subsidiary of PBF Energy company LLC.
PBF Energy Inc. is the sole managing member of, and owner of an
equity interest representing approximately 99.3% of the outstanding
economic interest in, PBF LLC as of June 30, 2023. PBF Investments
LLC, Toledo Refining company LLC, Paulsboro Refining company LLC,
Delaware City Refining company LLC, Chalmette Refining, LLC, PBF
Energy Western Region LLC, Torrance Refining company LLC, Torrance
Logistics company LLC and Martinez Refining company LLC are PBF
LLC's principal operating subsidiaries and are all wholly-owned
subsidiaries of PBF Holding.
PBF HOLDING: Continues to Defend Goldstein ESP Explosion Class Suit
-------------------------------------------------------------------
PBF Holding Co LLC disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from the Goldstein ESP explosion
related class suit in the Superior Court of the State of
California, County of Los Angeles.
On February 17, 2017, in Arnold Goldstein, et al. v. Exxon Mobil
Corporation, et al., the Company and PBF LLC, and its subsidiaries,
PBF Western Region and Torrance Refining and the manager of its
Torrance refinery along with Exxon Mobil Corporation ("ExxonMobil")
were named as defendants in a class action and representative
action complaint. The complaint was filed in the Superior Court of
the State of California, County of Los Angeles and alleges
negligence, strict liability, ultra-hazardous activity, a
continuing private nuisance, a permanent private nuisance, a
continuing public nuisance, a permanent public nuisance and
trespass resulting from the February 18, 2015 electrostatic
precipitator ("ESP") explosion at the Torrance refinery which was
then owned and operated by ExxonMobil. The operation of the
Torrance refinery by the PBF entities subsequent to its acquisition
in July 2016 is also referenced in the complaint. To the extent
that plaintiffs' claims relate to the ESP explosion, ExxonMobil
retained responsibility for any liabilities that would arise from
the lawsuit pursuant to the agreement relating to the acquisition
of the Torrance refinery.
On July 2, 2018, the Court granted leave to plaintiffs to file a
Second Amended Complaint alleging groundwater contamination. With
the filing of the Second Amended Complaint, plaintiffs added an
additional plaintiff, Hany Youssef. On October 15, 2019, the judge
granted certification to two limited classes of property owners
with Youssef as the sole class representative and named plaintiff,
rejecting two other proposed subclasses based on negligence and on
strict liability for ultrahazardous activities. The certified
subclasses relate to trespass claims for ground contamination and
nuisance for air emissions.
On May 5, 2021, the Court granted plaintiffs leave to amend their
complaint for the third time to substitute Navarro for Youssef.
On July 5, 2022, the Court issued a final order ruling that
plaintiffs' Motion to Substitute Navarro as Class Representative
was denied and decertifying both of plaintiffs' proposed Air and
Ground Subclasses. The order provided that the case will proceed
with Navarro as the sole plaintiff. On September 22, 2022, the
Ninth Circuit Court of Appeals affirmed.
On February 27, 2023, the Court issued an order granting its motion
for judgment on the pleadings and dismissed plaintiff's trespass
claim with prejudice and granted plaintiff leave to amend his
nuisance claims in conformity with the order if he can do so
consistent with Rule 11 of the Federal Rules of Civil Procedures.
On March 27, 2023, plaintiff filed a Fourth Amended Complaint
relating to the remaining nuisance claims. On May 23, 2023, the
Court denied its motion to dismiss on the pleadings for plaintiff's
failure to establish standing to bring the nuisance claims. After
completing further discovery, on August 28, 2023, it filed a Motion
for Summary Judgment. On October 18, 2023, the Court issued an
order granting its motion, adjudged that plaintiff take nothing,
and that the action be dismissed with prejudice. The order also
allows the Company to recover the costs of suit pursuant to a bill
of costs.
On October 30, 2023, plaintiff filed a notice of appeal to the
Ninth Circuit regarding the Court's order granting summary
judgment. The Court granted plaintiff extensions of approximately
90 days to file his opening brief, which was filed on May 27, 2024.
After being granted a similar 90-day extension, it filed its
answering brief on September 25, 2024.
Plaintiff filed his reply brief on January 21, 2025. The Ninth
Circuit held oral argument on plaintiff's appeal for March 24,
2025, and took the parties briefs and arguments under submission.
On April 14, 2025, the Ninth Circuit issued its ruling and reversed
the Court’s dismissal on the pleadings of plaintiff's individual
trespass claim and vacated its decertification of the Ground
Subclass for reconsideration. The Ninth Circuit, however, affirmed
the Court's grant of summary judgment as to plaintiff's individual
nuisance claims, and as a result, it did not reach Navarro's appeal
of the decertification of the Air Subclass because Navarro's
nuisance claim is dismissed.
The Company filed a petition for reconsideration of the Ninth
Circuit’s ruling on May 5, 2025 and plaintiff filed his
opposition to its petition on June 26, 2025. On August 5, 2025, the
Ninth Circuit issued an order denying its petition for
reconsideration and issued an amended memorandum disposition
consistent with its April 14, 2025 ruling.
On August 12, 2025, the Ninth Circuit remanded the case with its
ruling back to the District Court. The parties are currently
waiting for the District Court to issue an order or hold a hearing
regarding the next phase in the litigation.
The Company presently believes the outcome of this litigation will
not have a material impact on its financial position, results of
operations, or cash flows.
PBF Holding is a wholly-owned subsidiary of PBF Energy company LLC.
PBF Energy Inc. is the sole managing member of, and owner of an
equity interest representing approximately 99.3% of the outstanding
economic interest in, PBF LLC as of June 30, 2023. PBF Investments
LLC, Toledo Refining company LLC, Paulsboro Refining company LLC,
Delaware City Refining company LLC, Chalmette Refining, LLC, PBF
Energy Western Region LLC, Torrance Refining company LLC, Torrance
Logistics company LLC and Martinez Refining company LLC are PBF
LLC's principal operating subsidiaries and are all wholly-owned
subsidiaries of PBF Holding.
PINNACLE DIETARY: Jackson Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Joanna Jackson, on behalf of herself, individually, and on behalf
of all others similarly-situated v. PINNACLE DIETARY GLOBAL,
L.L.C., and THEODORE RAMIREZ, individually, Case No. 1:25-cv-06312
(E.D.N.Y., Nov. 13, 2025), is brought under the Fair Labor
Standards Act ("FLSA"), the New York Labor Law ("NYLL"), N.Y. Comp.
Codes R. & Regs. ("NYCRR") as a result of the Defendants' failure
to pay minimum and overtime wages.
The Defendants paid Plaintiff on an hourly basis and scheduled
Plaintiff to work forty hours each week. However, Defendants
routinely required Plaintiff to clock in early and/or stay late,
thereby requiring Plaintiff to work hours outside of her scheduled
shifts, all of which were over forty hours in a week. However,
Defendants automatically deducted a thirty-minute meal break from
Plaintiff's total hours worked during each shift regardless of
whether Plaintiff actually took a break, which she almost never
did, and did not pay Plaintiff at all for this time worked. Thus,
Defendants failed to pay Plaintiff at her overtime rate of one and
one-half times her regular rate for all hours that she worked over
forty in a week, in violation of the overtime provisions of the
FLSA and the NYLL, and further took unlawful deductions from
Plaintiff's earned wages, in violation of the NYLL, says the
complaint.
The Plaintiff worked for as a lead cook at multiple locations in
Brooklyn, New York, from May 20, 2025, until August 1, 2025.
The Defendants is a New Jersey limited liability company that
provides dietary management assistance to nursing homes, long-term
and assisted living facilities, and hospitals throughout the
eastern United States, as well as its Regional Manager and
day-to-day overseer of its New York business.[BN]
The Plaintiff is represented by:
Michael J. Borrelli, Esq.
Alexander T. Coleman, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 200
Garden City, NY 11530
Phone: (516) 248-5550
Fax: (516) 248-6027
PLAINVILLE GAMING: $4.175MM Settlement OK Hearing Set December 17
-----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that a $4,175,000 class
action settlement ends litigation that alleged that Plainville
Gaming and Redevelopment LLC, doing business as Plainridge Park
Casino, unlawfully neglected to provide rewards card members with
monthly statements detailing their total bets, wins, and losses, or
a notice informing them where they could obtain this information.
The Plainridge Park Casino settlement received preliminary approval
from the court on October 6, 2025. The class action settlement
covers about 130,000 Plainridge Park Casino rewards card members
who played there between August 25, 2017 and November 30, 2023
after visiting the casino in the previous two years.
The court-approved website for the Plainridge Park Casino
settlement can be found at PlainridgeParkCasinoSettlement.com.
Class members do not need to submit a claim form to receive a cash
payment, though they should visit this page on the settlement
website to select a payment method. Class action settlement
payments will be distributed either electronically or by physical
check, the website says.
Class members can log in to the settlement website using the class
member ID found on the Plainridge Park Casino class action
settlement notice. Each eligible class member is entitled to
receive a cash payout of approximately $21.50, the settlement
website states.
If a class member does not select a preferred payment method within
30 days of final approval, the settlement administrator will
determine the most appropriate payment method on their behalf.
A final approval hearing for the Plainridge Park Casino settlement
is scheduled for December 17, 2025. Class members can expect to
receive their benefits within 45 days after the court grants final
approval to the deal and any appeals have been resolved. [GN]
RAISING CANE'S: Xatruch Class Suit Removed to E.D. Cal.
-------------------------------------------------------
The case styled as ELIZABETH XATRUCH, individually, and on behalf
of all others similarly situated, Plaintiff vs. RAISING CANE'S USA,
L.L.C.; and DOES 1 through 10, inclusive, Defendants, Case No.
STK-CV-UOE-2025-0014868, was removed from the Superior Court of
California, County of San Joaquin to the United States District
Court for the Eastern District of California on November 17, 2025.
The District Court Clerk assigned Case No. 2:25-cv-03341-SCR to the
proceeding. The case docket notes Petition for Removal-
Labor/Mgmnt. Relations as cause.
In this complaint, the Plaintiff seeks damages, penalties, and
equitable relief on behalf of a putative class for: (1) failure to
pay minimum wages; (2) failure to pay overtime wages; (3) failure
to provide meal periods; (4) failure to authorize and permit rest
periods; (5) failure to reimburse necessary business expenses; (6)
failure to timely pay final wages at termination (waiting time
penalties); (7) failure to provide accurate itemized wage
statements; and (8) unfair business practices.
The Plaintiff alleges all causes of action individually and on
behalf of a putative class defined as "All persons who worked for
any Defendant in California as an hourly, non-exempt employee at
any time during the period beginning four years before the filing
of the initial complaint in this action and ending when notice to
the Class is sent."
Raising Cane's USA, LLC is a Foreign Limited Liability Company in
Plano, Texas.[BN]
The Defendant is represented by:
Carrie A. Gonell, Esq.
David J. Rashe, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Telephone: +1-714-830-0600
Facsimile: +1-714-830-0700
E-mail: carrie.gonell@morganlewis.com
david.rashe@morganlewis.com
RELAX & WAX: Perales Seeks to Recover Wax Specialists' Unpaid OT
----------------------------------------------------------------
NAOMI PERALES, on behalf of herself and all others similarly
situated, Plaintiff v. RELAX & WAX AUTHENTIC BRAZILIAN WAX INC.,
Defendant, Case No. 3:25-cv-03064-X (N.D. Tex., November 10, 2025)
is a civil action brought by Plaintiff, on behalf of herself and
all others similarly situated, pursuant to the federal Fair Labor
Standards Act and the federal Portal-to-Portal Pay Act.
According to the complaint, the Plaintiff worked in excess of 40
hours in many seven-day workweeks as an employee of Defendant.
However, the Defendant did not pay Plaintiff time and one-half her
regular rate of pay for all such hours worked over 40 per seven-day
workweek in violation of the FLSA.
Relative to Plaintiff's final workweek of employment with Defendant
from August 12-18, 2025, she worked 44.67 hours and earned tips and
commissions. However, the Defendant did not pay Plaintiff any wages
or tips for that final workweek in violation of the FLSA's minimum
wage, overtime wage, and tip provisions, alleges the suit.
The Plaintiff was employed by Defendant from approximately March
11, 2025 to August 16, 2025 as a wax specialist.
Relax & Wax Authentic Brazilian Wax Inc. is a hair removal salon
business with numerous salons in Texas and states other than
Texas.[BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM, LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (972) 707-7816
Facsimile: (972) 920-3933
E-mail: avaught@txlaborlaw.com
ROCKET MORTGAGE: Faces Another TCPA Class Action Lawsuit
--------------------------------------------------------
JDSupra reports that Rocket Mortgage is no stranger to TCPA
litigation. They have been sued repeatedly for unwanted
solicitations and alleged robocalls.
In a suit filed consumer Hillary Wissart of Florida claims Rocket
continued to call and text her after she said "Stop."
The complaint–available here: Wissart v Rocket Mortgage LLC --
alleges Plaintiff asked Rocket to "stop" but it continued to call
and text.
The case is interesting because it will test whether: i) SMS
messaged are subject to the TCPA's DNC rules; and ii) whether a
request that SMS "stop" also requires calls to cease.
There is case law favorable to the plaintiff on both issues, but
neither is fully resolved.
Plaintiff seeks to represent two classes:
The National Stop Class
All persons in the United States who (1) are not Rocket customers,
(2) sent Rocket an opt-out text message, and (3) thereafter Rocket
called more than once within a 12-month period, (4) in the four
years from the filing of this action through the date of class
certification.
The Florida Stop Class
All Florida residents who (1) are not Rocket customers, (2) sent
Rocket an opt-out text message, and (3) thereafter Rocket called,
(4) in the four years from the filing of this action through the
date of class certification.
Plaintiff alleges there are at least 10,000 class members–
meaning at least $15MM is at issue in the case.
We'll keep an eye on this one. [GN]
ROSE PAVING: Trivino Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Lee Roy Trivino, an individual and on behalf
of all others similarly situated v. ROSE PAVING, LLC, a Delaware
limited liability company; and DOES 1 through 100, inclusive, Case
No. 25STCV28652 was removed from the Superior Court of California
for the County of Los Angeles, to the United States District Court
for Central District of California on Nov. 13, 2025, and assigned
Case No. 2:25-cv-10886.
The Plaintiff's first cause of action alleges that Rose Paving
failed to pay overtime. the Plaintiff's second cause of action
alleges that Rose Paving failed to pay minimum wage. The
Plaintiff's third cause of action alleges that Rose Paving failed
to provide a meal period, the penalty for which is "one additional
hour of pay at the employee's regular rate of compensation for each
workday that the meal period is not provided." The Plaintiff's
fourth cause of action alleges that Rose Paving failed to provide
adequate daily rest periods, the penalty for which is "one
additional hour of pay at the employee's regular rate of
compensation for each workday that the rest period is not
provided." The Plaintiff's fifth cause of action alleges that Rose
Paving failed to pay Plaintiff all wages earned prior to
resignation or termination. The Plaintiff's sixth cause of action
alleges that Rose Paving adopted "policies and practices that
resulted in their failure, at times, to furnish Plaintiff and Class
Members with accurate itemized statements that accurately reflect,
among other things, gross wages earned; total hours worked; net
wages earned; and all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate, among other things." The Plaintiff's seventh cause of
action alleges that Rose Paving failed to timely pay Plaintiff
wages during employment under Cal. Labor Code. The Plaintiff's
eighth cause of action alleges that Rose Paving failed to reimburse
or indemnify Plaintiff for business expenses "that included,
without limitation: using cellular phones for work-related
purposes."[BN]
The Defendants are represented by:
Kenneth M. Jones, Esq.
SAUL EWING LLP
1888 Century Park East, Suite 1500
Los Angeles, CA 90067
Phone: (310) 255-6100
Facsimile: (310) 255-6200
Email: kenneth.jones@saul.com
SANDRIDGE EXPLORATION: Class Cert Bid Filing Due Nov. 2, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as GREGG B. COLTON, on behalf
of himself and a class of similarly situated persons, v. SANDRIDGE
EXPLORATION AND PRODUCTION, LLC, Case No. 5:22-cv-00986-JD (W.D.
Okla.), the Hon. Judge Dishman entered an amended specialized
scheduling order:
Event Deadline
Motions to join additional Parties or to April 30, 2026
otherwise amend the pleadings:
Fact discovery completed by: June 15, 2026
The Plaintiff's expert disclosures required July 15, 2026
by Fed. R. Civ. P. 26(a)(2), including
expert reports due:
The Defendant's expert disclosures required Aug. 14, 2026
by Fed. R. Civ. P. 26(a)(2), including
expert reports due:
Expert depositions completed by: Oct. 15, 2026
The Plaintiff's deadline to file class Nov. 2, 2026
certification motion and briefing:
The Defendant's deadline to file class Dec. 1, 2026
certification motion and briefing:
The Plaintiff's deadline to file reply Dec. 15, 2026
brief regarding class certification:
Class certification hearing: To be scheduled
SandRidge is an independent natural gas and oil company.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qoSFbC at no extra
charge.[CC]
SHARECARE HEALTH: Walters Class Suit Removed to S.D. Fla.
---------------------------------------------------------
The case styled as JOSHUA WALTERS and SUZETTE HERNANDEZ,
individually and on behalf of all persons similarly situated,
Plaintiffs vs. SHARECARE HEALTH DATA SERVICES, LLC f/k/a BACTES
IMAGING SOLUTIONS, INC., a Delaware Limited Liability Company,
Defendant, Case No. 502025CA010375XXXAMB, was removed from the 15th
Judicial Circuit in and for Palm Beach County, Florida to the
United States District Court for the Southern District of Florida
on November 18, 2025.
The District Court Clerk assigned Case No. 9:25-cv-81430 to the
proceeding.
In this complaint, the Plaintiff seeks relief on behalf of a
putative class of Florida patients, for Defendant's violation of
the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA").
The complaint also seeks declaratory and injunctive relief under
FDUTPA, including an unjust enrichment count, as well as attorney's
fees and costs.
The putative class is defined as: "For the period from four years
before the filing of this action through the date of entry of
judgment herein (the "Class Period"), any person or any person's
legal representative who, in violation of Florida law, was charged
an excessive amount to obtain access to health care records by
Defendant, SHARECARE."
Sharecare Health Data Services offers Release of Information,
Audits and Reviews, Revenue Cycle Support and EHR Indexing services
to medical practices, hospitals and health systems.[BN]
The Defendant is represented by:
Sky Emison, Esq.
TROUTMAN PEPPER LOCKE LLP
777 South Flagler Drive
Suite 215, East Tower
West Palm Beach, FL 33401
Telephone: (561) 820-0248
Facsimile: (561) 655-8719
E-mail: sky.emison@troutman.com
- and -
Thomas J. Cunningham, Esq.
Florida Bar No. 121977
TROUTMAN PEPPER LOCKE LLP
1395 Brickell Avenue
Suite 900 – Office Number 920
Miami, FL 33131
Telephone: (305) 722-4911
Facsimile: (561) 655-8719
E-mail: thomas.cunningham@troutman.com
SMITH COUNTY, TX: $1.5MM Class Settlement in Hughes Gets Initial No
-------------------------------------------------------------------
In the class action lawsuit captioned as LADARION HUGHES, et al.,
v. SMITH COUNTY, TEXAS, Case No. 6:23-cv-00344-JDK (E.D. Tex.), the
Hon. Judge Kernodle entered an order granting the Plaintiffs'
motion for preliminary approval of settlement:
The Court accepts the parties' stipulated class definitions and
certifies the Settlement Class, as defined:
"All individuals who were detained at the Smith County Jail
between July 11, 2021, and Dec. 31, 2024, and who (1) were
convicted of a felony offense; (2) completed their custodial
felony sentence at the Smith County Jail; and (3) were not
released within two days following the completion of their
custodial felony sentence."
The Court approves and appoints American Legal Claim Services LLC
as the Settlement Administrator for this action, and to thereby
perform and execute all such responsibilities as set forth in the
settlement agreement.
The Named Plaintiffs have demonstrated themselves to be well-suited
to adequately represent the proposed Settlement Class. Nothing in
the record suggests that any potential conflict exists among the
Named Plaintiffs, Class Counsel, or the proposed Settlement Class
Members. Further, proposed Class Counsel have provided substantial
evidence demonstrating that they are adequately able to serve as
class counsel and protect the interests of absent Class Members,
including securing a favorable settlement for the Class. The Court
thus finds that Plaintiffs have satisfied the adequacy requirement.
The Settlement Fund in this case, which totals $1,500,000, will pay
for (1) the notice and administration costs incurred by the
Settlement Administrator; (2) the incentive award to Named
Plaintiffs; (3) all attorneys' fees and costs; and (4) valid claims
of Settlement Class Members.
Before the Court is Plaintiffs’ unopposed motion for preliminary
approval of a proposed class action settlement. Docket No. 64.
Plaintiffs filed this action alleging that Defendant Smith County,
Texas, violated their Fourteenth Amendment rights for failing to
timely release them from imprisonment.
Smith County is located in northeastern Texas fifty-eight miles
from the eastern state boundary
A copy of the Court's memorandum opinion and order dated Nov. 18,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=DYtlZp at no extra charge.[CC]
The Plaintiffs are represented by:
Meg Gould, Esq.
Jon Loevy, Esq.
LOEVY & LOEVY
311 N. Aberdeen
Chicago, IL 60607
Telephone: (312) 243-5900
E-mail: gould@loevy.com
jon@loevy.com
- and -
Nathan Fennell, Esq.
Camilla Hsu, Esq.
DEASON CRIMINAL JUSTICE REFORM CENTER
SMU Dedman School of Law
Dallas, TX 75275
Telephone: (214) 768-6973
E-mail: nfennell@smu.edu
camillah@smu.edu
- and -
Akeeb Dami Animashaun, Esq.
355 S. Grand Ave, Suite 2450
Los Angeles, CA 90071
Telephone: (929) 266-3971
E-mail: dami@animashaun.me
SOLSTICE BENEFITS: Lyngaas Seeks Leave to File Docs Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C., individually and as the representative of a class of
similarly situated persons, v. SOLSTICE BENEFITS, INC. and JOHN
DOES 1-5, Case No. 2:22-cv-10830-LVP-CI (E.D. Mich.), the Plaintiff
asks the Court to enter an order granting leave to file under
seal:
Documents and testimony that have been designated as Confidential
pursuant to the Protective Order that the Plaintiff intends to
submit as part of the class certification motion and brief and the
summary judgment motion and brief.
Those portions of the Plaintiff's class certification motion and
brief and the Plaintiff's summary judgment motion and brief that
reference documents and testimony that have been designated as
Confidential by Solstice and UCCI.
Solstice offers dental and vision plans for individuals and
families.
A copy of the Plaintiff's motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ePj6gh at no extra
charge.[CC]
The Plaintiff is represented by:
Phillip A. Bock, Esq.
David M. Oppenheim, Esq.
Barry J. Blonien, Esq.
Jeffrey A. Berman, Esq.
BOCK HATCH & OPPENHEIM, LLC
203 N. La Salle Street, Suite 2100
Chicago, IL 60601
Telephone: (312) 658-5500
E-mail: service@classlawyers.com
- and -
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
6550 Lakeshore Street
West Bloomfield, MI 48323
Telephone: (248) 562-1320
E-mail: rshenkan@shenkanlaw.com
SOLSTICE BENEFITS: Lyngaas Suit Seeks to Certify Class
------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C., individually and on behalf of all others similarly
situated, v. SOLSTICE BENEFITS, INC., Case No. 2:22-cv-10830-LVP-CI
(E.D. Mich.), the Plaintiff asks the Court to enter an order
granting the Plaintiff's renewed motion for class certification:
The Plaintiff renews its request that the Court certify a class of
fax recipients alleging that defendant, Solstice Benefits, Inc.,
sent them an "unsolicited advertisement" by fax in violation of the
Telephone Consumer Protection Act ("TCPA").
The Court denied Plaintiff's motion for class certification on
Sept. 19, 2025, finding the proposed class did not satisfy the
requirements of ascertainability and predominance.
The Plaintiff seeks certification of a narrower class: All persons
and entities: (1) who were sent a fax in April 2018 stating,
"Solstice is happy to announce that The National Association for
Medical and Dental, Inc./Healthcare National Marketing, Inc. has
selected us as their carrier," "This group has over 25,000
members," and "We look forward to continuing to promote your
practice through our growing membership base!"; (2) whose fax
number was on a dental provider list Solstice obtained through a
network access agreement with United Concordia Companies, Inc.
("UCCI"); and (3) whose only "Associated Network" in Solstice's
records was UCCI.
Solstice offers dental and vision plans for individuals and
families.
A copy of the Plaintiff's motion dated Nov. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q4iTNF at no extra
charge.[CC]
The Plaintiff is represented by:
Phillip A. Bock, Esq.
David M. Oppenheim, Esq.
Barry J. Blonien, Esq.
Jeffrey A. Berman, Esq.
BOCK HATCH & OPPENHEIM, LLC
203 N. La Salle St., Ste. 2100
Chicago, IL 60601
Telephone: (312) 658-5500
Facsimile: (312) 658-5555
E-mail: service@classlawyers.com
- and -
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
6550 Lakeshore Street
West Bloomfield, MI 48323
Telephone: (248) 562-1320
E-mail: rshenkan@shenkanlaw.com
SONDER USA: Fails to Provide Advance Layoff Notice, Hosein Says
---------------------------------------------------------------
SHALANE HOSEIN, on behalf of herself and others similarly situated,
Plaintiff v. SONDER USA INC., Defendant, Case No. 1:25-cv-09397
(S.D.N.Y., November 10, 2025) is a class action on behalf of the
Plaintiff and all similarly situated employees who suffered an
"employment loss" without the required advance written notice as
required by the federal Worker Adjustment and Retraining
Notification Act and the New York State Worker Adjustment and
Retraining Notification Act.
According to the complaint, the Defendant ordered a mass layoff
and/or plant closing at one or more of its facilities affecting
Plaintiff and the Class without providing at least 60 calendar days
advance written notice required by the Federal WARN Act and without
providing at least 90 calendar days advance written notice required
by the NY WARN Act.
The Plaintiff was employed by the Defendant as a full-time
Hospitality Agent from November 2022, until her termination on
November 10, 2025.
Sonder USA Inc. is a technology-based hospitality company which
operates at least 13 facilities in New York, including locations in
New York City, Long Island City, and Brooklyn.[BN]
The Plaintiff is represented by:
Brian E. Nettle, Esq.
NETTLE LAW LLC
3119 Newtown Avenue, Suite 502
Astoria, NY 11102
Telephone: (646) 992-9213
Facsimile: (888) 583-9968
E-mail: geno@nettle-law.com
- and -
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, Suite 620
New York, NY 10007
Telephone: (212) 323-6980
Facsimile: (212) 233-9238
SONDER USA: Herring Sues Over Mass Layoff Without Notice
--------------------------------------------------------
RASHEEDA HERRING, on behalf of herself and all others similarly
situated, Plaintiff v. SONDER USA INC., Defendant, Case No.
1:25-cv-01369-UNA (D. Del., November 10, 2025) is an action on
behalf of the Plaintiff, and on behalf of other similarly situated
former employees who worked for the Defendant and who were
terminated without cause, as part of, or as the result of, mass
layoffs or plant closings ordered by Defendant on November 10, 2025
and within 30 days of that date, or thereafter and who were not
provided 60 days advance written notice of their terminations by
Defendant, as required by the Worker Adjustment Retraining
Notification Act and the California Labor Code.
The Plaintiff and the class of similarly situated employees she
seeks to represent were terminated as part of the shutdown or mass
layoff ordered by the Defendant.
The Plaintiff and the other similarly situated employees were
employed by Defendant and reported to the San Francisco Facility
until her termination, which occurred on November 10, 2025, or
within thirty days of that date or thereafter.
Sonder USA Inc. is a technology-based hospitality company.[BN]
The Plaintiff is represented by:
James E. Huggett, Esq.
MARGOLIS EDELSTEIN
300 Delaware Avenue, Suite 800
Wilmington, DE 19801
Telephone: (302) 888-1112
Facsimile: (302) 888-1119
- and -
Stuart J. Miller, Esq.
LANKENAU & MILLER, LLP
100 Church Street, 8th Fl.
New York, NY 10078
Telephone: (212) 581-5005
Facsimile: (212) 581-2122
- and -
Mary E. Olsen, Esq.
M. Vance McCrary, Esq.
THE GARDNER FIRM, PC
182 St. Francis Street, Suite 103
Mobile, AL 36602
Telephone: (251) 433-8100
Facsimile: (251) 433-8181
SR AUTOMOTIVE: Villa Sues Over Unpaid Compensation
--------------------------------------------------
Ivan Villa, on behalf of himself and current and former aggrieved
employees v. SR AUTOMOTIVE HOLDINGS, INC.; and DOES 1 to 100,
inclusive, Case No. 25STCV33181 (Cal. Super. Ct., Los Angeles Cty.,
Nov. 13, 2025), is brought under the Private Attorneys General Act
of 2004, Labor Code 2698 ("PAGA") as a result of unpaid
compensations.
The Defendants' violation Of the Labor Code based on Defendants'
failure to pay wages for all hours worked at minimum wage and all
overtime hours worked at the overtime rate of pay; failure to pay
overtime wages at the proper overtime rate Of pay; failure to
authorize or permit all legally required and/or compliant meal
periods or pay meal period premium wages; failure to authorize or
permit all legally required and/or compliant rest periods or pay
rest period premium wages; indemnification for all necessary
expenditures or losses incurred by employees in direct consequence
of discharging their duties; failure to pay accrued and vested
vacation and/or paid time-off (PTO) wages; statutory penalties for
failure to timely pay earned wages during employment; statutory
penalties for failure to provide accurate wage statements;
statutory waiting time penalties in the form of continuation wages
for failure to timely pay employees all wages due upon separation
of employment, says the complaint.
The Plaintiff was employed by Defendants in an hourly position from
September 2023, until April 30, 2025.
AUTOMOTIVE HOLDINGS, INC. is authorized to do business within the
State of California and is doing business in the State of
California.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Jeffrey D. Klein, Esq.
Eric D. Tims, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
jldein@lelawfirm.com
etims@lelawfirm.com
STATE ESCHEATOR: Schramm Appeals Summary Judgment Order to 3rd Cir.
-------------------------------------------------------------------
WALTER SCHRAMM, et al. are taking an appeal from a court order
granting the Defendants' motion for summary judgment in the lawsuit
entitled Walter Schramm, et al., individually and on behalf of all
others similarly situated, Plaintiffs, v. Brenda Mayrack, et al.,
Defendants, Case No. 1:22-cv-01443, in the U.S. District Court for
the District of Delaware.
The Plaintiffs are a group of individuals who argue the Defendants
unconstitutionally claimed their property, including securities, as
abandoned and co-opted it for the State's general use under
Delaware's Unclaimed Property Law. The complaint alleged
constitutional violations of the Fifth Amendment takings and
Fourteenth Amendment due process clauses under 42 U.S.C.
On Nov. 20, 2024, the Plaintiffs filed a motion for summary
judgment.
On Dec. 20, 2024, the Defendants also filed a motion for summary
judgment.
On Sept. 30, 2025, Judge Maryellen Noreika entered an Order
granting the Defendants' motion for summary judgment and denying
the Plaintiffs' motion for summary judgment.
The Court concludes that the Plaintiffs have long maintained that
the Defendants have improperly escheated their property. But they
fail to establish, on the undisputed record, their standing to
challenge those supposed violations nor the timeliness of their
claims. For that, the Court denied the Plaintiffs' motion for
summary judgment and granted the Defendants' motion for summary
judgment. Judgment is entered in favor of the Defendants and
against the Plaintiffs.
The appellate case is entitled Walter Schramm, et al. v. State
Escheator Delaware, et al., Case No. 25-3136, in the United States
Court of Appeals for the Third Circuit, filed on November 6, 2025.
[BN]
Plaintiffs-Appellants WALTER SCHRAMM, et al., individually and on
behalf of all others similarly situated, are represented by:
Martin D. Haverly, Esq.
MARTIN D. HAVERLY, ATTORNEY AT LAW
Brandywood Plaza
2500 Grubb Road, Suite 240-B
Wilmington, DE 19810
Telephone: (302) 529-0121
Email: martin@haverlylaw.com
- and -
William W. Palmer, Esq.
PALMER LAW GROUP, PLC
907 Westwood Blvd., No. 218
Los Angeles, CA 90024
Telephone: (310) 984-5074
Email: wpalmer@palmercorp.com
Defendants-Appellees STATE ESCHEATOR DELAWARE, et al. are
represented by:
Arthur G. Connolly, III, Esq.
Max B. Walton, Esq.
Christina M. Thompson, Esq.
CONNOLLY GALLAGHER LLP
1201 N. Market St., 20th Floor
Wilmington, DE 19801
Telephone: (302) 757-7300
Email: aconnolly@connollygallagher.com
mwalton@connollygallagher.com
cthompson@connollygallagher.com
STUBHUB HOLDINGS: Faces Securities Fraud Class Action Lawsuit
-------------------------------------------------------------
The Law Offices of Frank R. Cruz announces that it has filed a
class action lawsuit in the United States District Court for the
Southern District of New York captioned Salabaj v. StubHub
Holdings, Inc., et al., (Case No. 1:25-cv-09776) on behalf of
persons and entities that purchased or otherwise acquired StubHub
Holdings, Inc. ("StubHub" or the "Company") (NYSE: STUB) common
stock pursuant and/or traceable to the registration statement and
prospectus (collectively, the "Registration Statement") issued in
connection with the Company's September 2025 initial public
offering ("IPO" or the "Offering"). StubHub investors have until
January 23, 2026 to file a lead plaintiff motion.
Investors are hereby notified that they have until 60 days from
this notice to move the Court to serve as lead plaintiff in this
action.
IF YOU SUFFERED A LOSS ON YOUR STUBHUB HOLDINGS, INC. (STUB)
INVESTMENTS, CLICK HERE TO SUBMIT A CLAIM TO POTENTIALLY RECOVER
YOUR LOSSES IN THE ONGOING SECURITIES FRAUD LAWSUIT.
What Happened?
On September 17, 2025, StubHub conducted its IPO, selling
approximately 34 million shares of Class A common stock at $23.50
per share.
On November 13, 2025, after the market closed, StubHub issued a
press release announcing financial results for the third quarter
2025, which ended September 30, 2025. The press release revealed
free cash flow of negative $4.6 million in the quarter, a 143%
decrease from the Company's free cash flow in the year ago period,
which was positive $10.6 million. The press release further
revealed the Company's net cash provided by operating activities
was only $3.8 million, a 69.3% decrease from the year ago period,
where the Company reported $12.4 million in net cash provided by
operating activities.
On the same date, the Company filed its Form 10-Q for the same
quarterly period ended September 30, 2025, with the SEC. The
quarterly report revealed that this year-over-year decrease
"primarily reflects changes in the timing of payments to vendors."
On this news, StubHub's stock price fell $3.95 per share, or 20.9%,
to close at $14.87 per share on November 14, 2025, on unusually
heavy trading volume.
By the commencement of this action, the Company's stock was trading
as low as $10.31 per share, a nearly 56% decline from the $23.50
per share IPO price.
What Is The Lawsuit About?
The complaint filed in this class action alleges that Registration
Statement was materially false and/or misleading, and failed to
disclose material adverse facts about the Company's business,
operations, and prospects. Specifically, Defendants failed to
disclose to investors that: (1) the Company was experiencing
changes in the timing of payments to vendors; (2) those changes had
a significant adverse impact on free cash flow, including trailing
12 months ("TTM") free cash flow; (3) as a result, the Company's
free cash flow reports were materially misleading; and (4) that, as
a result of the foregoing, Defendants' positive statements about
the Company's business, operations, and prospects, were materially
misleading and/or lacked a reasonable basis.
Contact Us to Participate or Learn More:
If you purchased StubHub common stock, have information or would
like to learn more about these claims, or have any questions
concerning this announcement or your rights or interests with
respect to these matters, please click HERE or contact us at:
Law Offices of Frank R. Cruz
2121 Avenue of the Stars, Suite 800
Telephone: (310) 914-5007
Email: info@frankcruzlaw.com
Visit our website at: www.frankcruzlaw.com [GN]
STURGIS HOSPITAL: Minor Sues Over Failure to Secure Personal Info
-----------------------------------------------------------------
PAUL MINOR, on behalf of his minor child A.M., and on behalf of all
others similarly situated, Plaintiff v. STURGIS HOSPITAL, INC.,
Defendant, Case No. 1:25-cv-01233 (W.D. Mich., October 14, 2025) is
a class action against the Defendant for its failure to secure and
safeguard approximately 77,771 individuals' personally identifying
information and personal health information, including names,
contact information, Social Security numbers, financial account
information, health insurance information, and medical information,
including prescriptions and treatment records.
In approximately December, 2024 and again in June, 2025, an
unauthorized third party gained access to Sturgis Hospital's
network systems and accessed and acquired files containing the
PII/PHI of Sturgis Hospital's patients, including Plaintiff's minor
child and Class members.
According to the complaint, the Defendant owed a duty to Plaintiff
and Class members to implement and maintain reasonable and adequate
security measures to secure, protect, and safeguard their PII/PHI
against unauthorized access and disclosure. The Defendant breached
that duty by, among other things, failing to implement and maintain
reasonable security procedures and practices to protect Plaintiff's
minor child's and Class members' PII/PHI from unauthorized access
and disclosure.
As a result of Defendant's inadequate security and breach of its
duties and obligations, the Data Breach occurred, and Plaintiff's
minor child's and Class members' PII/PHI was accessed and
disclosed. This action seeks to remedy these failings and their
consequences.
The Plaintiff brings this action on behalf of his minor child,
A.M., and all persons whose PII/PHI was exposed as a result of the
data breach, which Sturgis Hospital discovered in approximately
December, 2024 and again in June, 2025.
Sturgis Hospital is a hospital located in Sturgis, Michigan.[BN]
The Plaintiff is represented by:
Benjamin W. Mills, Esq.
GRUEL MILLS NIMS & PYLMAN PLLC
99 Monroe Avenue NW, Suite 800
Grand Rapids, MI 49503
Telephone: (616) 235-5500
Facsimile: (616) 235-5550
E-mail: bwmills@gmnp.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
SUBCONTRACTING CONCEPTS: Misclassifies Delivery Drivers, Suit Says
------------------------------------------------------------------
JAMIE STANLEY, an individual and on behalf of similarly situated
persons, Plaintiff v. SUBCONTRACTING CONCEPTS CT LLC, a Delaware
limited liability company; SUBCONTRACTING CONCEPTS, LLC, a Delaware
limited liability company, PRINCIPLE DISTRIBUTION ARIZONA LLC, a
Texas limited liability company; PRINCIPLE DISTRIBUTION LLC; a
Texas limited liability company; DOES 1 to 1000 and ROE entities I
to L, Defendants, Case No. 2:25-cv-01958-RFB-NJK (D. Nev., October
14, 2025) arises from the Defendants' violation of the Fair Labor
Standards Act.
According to the complaint, by classifying drivers as independent
contractors, Defendants denied them protections under the FLSA,
including payment of overtime wages, and imposed on drivers the
costs of business expenses that are ordinarily borne by employers.
The Plaintiffs and the Collective Members routinely worked over 40
hours in a given workweek and were not compensated by Defendants
with overtime wages, says the suit.
Subcontracting Concepts CT LLC is a third party administrator and
payment processor for the transportation industry.[BN]
The Plaintiff is represented by:
Sagar Raich, Esq.
Brian Schneider, Esq.
RAICH LAW PLLC
2280 E. Pama Ln.
Las Vegas, NV 89119
Telephone: (702) 758-4240
Facsimile: (702) 998-6930
E-mail: sraich@raichattorneys.com
- and -
John M. Orr, Esq.
O'HAGAN MEYER, PLLC
300 S. Fourth Street, Suite #1250
Las Vegas, NV 89101
Telephone: (725) 286-2801
E-mail: jorr@ohagnameyer.com
SUNRUN INC: Class Cert. Bid in Luckau Suit Due Feb. 25, 2027
------------------------------------------------------------
In the class action lawsuit captioned as JEREMY LUCKAU, v. SUNRUN,
INC, et al., Case No. 4:25-cv-01661-JST (N.D. Cal.), the Hon. Judge
Tigar entered an order a scheduling order:
Event Deadline
Deadline to add parties or amend the Dec. 5, 2025
Pleadings:
Fact discovery cut-off: June 5, 2026
Expert disclosures: June 12, 2026
Expert discovery cut-off: Aug. 14, 2026
Dispositive motions due: Sept. 11, 2026
Class certification motion due: Feb. 25, 2027
Class certification opposition due: March 25, 2027
Class certification reply due: April 15, 2027
Sunrun is an American provider of photovoltaic systems and battery
energy storage products, primarily for residential customers.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M0OfhD at no extra
charge.[CC]
SUNRUN INC: Filing for Class Cert Bid in Banks Due Sept. 28, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as EGGY BANKS, individually
and on behalf of all others similarly situated, v. SUNRUN INC.,
Case No. 4:24-cv-07877-JST (N.D. Cal.), the Hon. Judge Tigar
entered a joint stipulation and order to amend scheduling order:
Event Deadline
Expert disclosures: Jan. 16, 2026
Dispositive motion hearing: Aug. 27, 2026
Last day to file motion for class Sept. 28, 2026
Certification:
Last day to file opposition to class Nov. 2, 2026
Certification:
Last day to file reply in further support Nov. 30, 2026
of class certification:
Sunrun is an American provider of photovoltaic systems and battery
energy storage products, primarily for residential customers.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Po97jY at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew R. Perrong, Esq.
PERRONG LAW LLC
2657 Mount Carmel Avenue
Glenside, PA 19038
Telephone: (215) 225-5529
Facsimile: (888) 329-0305
E-mail: a@perronglaw.com
- and -
Dana J. Oliver, Esq.
OLIVER LAW CENTER, INC.
8780 19th Street #559
Rancho Cucamonga, CA 91701
Telephone: (855)384-3262
Facsimile: (888)570-2021
E-mail: dana@danaoliverlaw.com
The Defendant is represented by:
Lauri A. Mazzuchetti, Esq.
Glenn T. Graham, Esq.
KELLEY DRYE & WARREN LLP
7 Giralda Farms, Suite 340
Madison, NJ 07940
Telephone: (973) 503-5900
Facsimile: (973) 503-5950
E-mail: lmazzuchetti@kelleydrye.com
ggraham@kelleydyre.com
SYSCO SAN FRANCISCO: Joo Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Sysco San Francisco,
Inc. The case is styled as Joel Joo, individually, and on behalf of
other similarly situated employees v. Sysco San Francisco, Inc.,
Case No. 25CV154482 (Cal. Super. Ct., Los Angeles Cty., Nov. 13,
2025).
The case type is stated as "Other Employment Complaint Case."
Sysco San Francisco -- https://sysco.com/ -- is the largest food
distributor in the market.[BN]
The Plaintiff is represented by:
Karen I. Gold, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-439-5208
Email: kgold@blackstonepc.com
TAYLOR COUNTY, KY: Abbott Appeals Court Order to Ky. Ct. of Appeals
-------------------------------------------------------------------
BEVERLY ABBOTT, et al. are taking an appeal from a court order in
the lawsuit entitled Beverly Abbott, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. Taylor
County Hospital District Health Facilities Corporation d/b/a Taylor
Regional Hospital, Defendant, Case No. _______.
The case type is stated as Civil.
The appellate case is entitled Beverly Abbott, individually and on
behalf of all others similarly situated, et. al. vs. Taylor County
Hospital District Health Facilities Corporation d/b/a Taylor
Regional Hospital, Case No. 25-1425, in the Kentucky Court of
Appeals, filed on November 10, 2025. [BN]
Plaintiffs-Appellants BEVERLY ABBOTT, et al., individually and on
behalf of all others similarly situated, are represented by:
Andrew Evan Mize, Esq.
STRANCH JENNINGS & GARVEY PLLC
Nashville, TN 37203
Defendant-Appellee TAYLOR COUNTY HOSPITAL DISTRICT HEALTH
FACILITIES CORPORATION D/B/A TAYLOR REGIONAL HOSPITAL is
represented by:
John D. Bertram, Esq.
John C. Miller, Esq.
BERTRAM COX & MILLER LLP
321 E. Main St.
Campbellsville, KY 42719
TECHTRONIC INDUSTRIES: Morgan Files Class Suit in C.D. Cal.
-----------------------------------------------------------
A class action has been filed against Techtronic Industries
Company, Limited, et al. The case is styled as Lauren Morgan, on
behalf of herself and other individuals similarly situated v.
Techtronic Industries Company, Limited, et al., Case No.
8:25-cv-02307-MWF-KES (C.D. Cal., October 13, 2025).
The case is brought against the Defendants over alleged personal
injury claims demanding $5,000,000 in damages.
The suit is assigned to Judge Michael W. Fitzgerald.
Techtronic Industries Company, Limited is a multinational company
that designs, produces, and markets power tools, outdoor power
equipment, hand tools, and floor care appliances.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
LEEDS BROWN LAW PC
1 Old Country Road Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Facsimile: (516) 747-5024
E-mail: bcohen@leedsbrownlaw.com
TRON FOUNDATION: Bid to Compel Production of SEC Docs Tossed
------------------------------------------------------------
In the class action lawsuit captioned as COREY HARDIN and CHASE
WILLIAMS, individually and on behalf of all others similarly
situated, v. TRON FOUNDATION, JUSTIN SUN, and ZHIQIANG (LUCIEN)
CHEN, Case No. 1:20-cv-02804-VSB-RWL (S.D.N.Y.), the Hon. Judge
Lehrburger entered an order
As discussed at the discovery conference held on November 18, 2025,
the Plaintiffs' request to compel production of the so-called SEC
documentation in connection with class-certification discovery is
denied.
Tron provides software solutions.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=S1aDuE at no extra
charge.[CC]
TUFF SHED: Green Files Employment Suit in Cal. Super.
-----------------------------------------------------
A class action has been filed against Tuff Shed, Inc., a Colorado
corporation. The suit is styled as Cassandra Danielle Green, on
behalf of herself and all others similarly situated, and on behalf
of the general public, Plaintiff v. Tuff Shed, Inc., a Colorado
corporation, Defendant, Case No. 25CECG04836 (Cal. Super., Fresno
Cty., October 14, 2025).
The case is brought over alleged employment law violation.
A case management conference is set before Judge Kristi Culver
Kapetan on February 24, 2026.
Tuff Shed, Inc. is a manufacturer and installer of storage
buildings and garages in the United States.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, ALC
5743 Corsa Ave, Ste 123
Westlake Village, CA 91362-7310
Telephone: (818) 293-5623
Facsimile: (888) 850-1310
E-mail: roman@olfla.com
TWIST BIOSCIENCE: Continues to Defend Peters Securities Class Suit
------------------------------------------------------------------
Twist Bioscience Corp. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 17, 2025, that the
Company continues to defend itself from the Peters securities class
suit in the United States District Court for the Northern District
of California.
On December 12, 2022, a putative securities class action lawsuit
captioned Peters v. Twist Bioscience Corporation, et al., Case No.
22-cv-08168 (N.D. Cal.) ("Securities Class Action") was filed in
federal court in the Northern District of California against the
Company, its Chief Executive Officer, and its Chief Financial
Officer (the "Defendants") alleging violations of federal
securities laws. The Securities Class Action's claims are based in
large part on allegations made in a report issued on November 15,
2022 by Scorpion Capital ("Scorpion Report") concerning, among
other things, the Company's DNA chip technology and accounting
practices.
The initial complaint filed in the Securities Class Action alleges
that various statements that the Defendants made between December
13, 2019 and November 14, 2022 were materially false and misleading
in light of the allegations in the Scorpion Report.
The plaintiff who initiated the lawsuit sought to represent a class
of shareholders who acquired shares of the Company's common stock
between December 13, 2019 and November 14, 2022 and sought damages
as well as certain other costs.
On July 28, 2023, the Court appointed a new plaintiff, not the
original plaintiff who filed the case, as lead plaintiff in the
case and appointed a new law firm as lead counsel.
On October 11, 2023, the lead plaintiff filed an amended complaint.
The amended complaint is purportedly brought on behalf of all
persons other than the Defendants who acquired the Company's
securities between December 20, 2018 and November 15, 2022. The
amended complaint alleges that certain statements regarding, among
other things, the Company's DNA products and accounting practices
were false and misleading.
On December 6, 2023, the Company filed a motion to dismiss the
amended complaint and a hearing on the motion to dismiss was held
on November 13, 2024. On September 3, 2025, the Court issued an
order granting in part and denying in part Defendants' motion to
dismiss and granted the plaintiff leave to further amend by
September 24, 2025. The plaintiff did not file a second amended
complaint.
The Company is engaged in discovery and intends to continue
vigorously defending the remaining claims under this action in all
respects.
Twist Bioscience Corporation is a synthetic biology company that
has developed a disruptive DNA synthesis platform.
ULTA SALON: Mulanena Class Suit Removed to D. Md.
-------------------------------------------------
The case styled as TINAYIA MULANENA, ALYIAH JACKSON-MULANENA,
CHRISTIE LEDESMA, KENYA AMAKER, ALEXANDRIA AUFFARTH, SHALEICE WOOD,
and DANIELLE NELSON, on their own behalf and on behalf of others
similarly situated, Plaintiffs v. ULTA SALON, COSMETICS &
FRAGRANCE, INC., Defendant, Case No. C-10-CV-25-000828, was removed
from the Circuit Court for Frederick County, Maryland to the United
States District Court for the District of Maryland on November 14,
2025.
The District Court Clerk assigned Case No. 1:25-cv-03753-JRR to the
proceeding.
The Plaintiffs in this complaint are residents of Maryland. They
bring this lawsuit on behalf of a putative class of "[a]ll Maryland
residents who received an email from or at the behest of Defendant
that contained a subject line stating or implying that a 'free
gift' or 'free' item was being offered to the recipient, with no
purchase requirement or any conditions or exclusions."
The Plaintiffs allege that commercial emails to Maryland citizens
sent by Ulta violated Maryland's Commercial Electronic Mail Act
("MCEMA") because they allegedly contain false or misleading
information in their subject lines. Plaintiffs further allege that
Ulta has initiated or conspired to initiate the transmission of
"hundreds" and "thousands" of emails to the Named Plaintiffs,
"typically more than five emails every week," such that they had to
delete emails "to conserve the finite space available in their
email inbox." The Plaintiffs seek statutory damages, prejudgment
and postjudgment interest on all sums awarded, and attorneys' fees
and costs.
Ulta Beauty, Inc., formerly known as Ulta Salon, Cosmetics &
Fragrance Inc. and before 2000 as Ulta3, is an American chain of
cosmetic stores headquartered in Bolingbrook, Illinois.[BN]
The Defendant is represented by:
Edward Buxbaum, Esq.
Aaron Nichols, Esq.
ICE MILLER LLP
100 Light Street, Suite 2700
Baltimore, MD 21202
Telephone: (410) 951-5871
Facsimile: (410) 951-5879
E-mail: Edward.Buxbaum@icemiller.com
Aaron.Nichols@icemiller.com
UNITED PARKS & RESORTS: Mouzer Files TCPA Suit in S.D. Florida
--------------------------------------------------------------
A class action lawsuit has been filed against United Parks &
Resorts, Inc. The case is styled as Allison Mouzer, individually
and on behalf of all others similarly situated v. United Parks &
Resorts, Inc. doing business as: SeaWorld Parks & Entertainment,
Inc., Case No. 9:25-cv-81410-XXXX (S.D. Fla., Nov. 13, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
United Parks & Resorts -- https://unitedparks.com/ -- offers
educational resources and activities, and your visit supports
animal rescue and conservation work.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
UNITED STATES: Agrees to Settle Suit Over Employees' Unpaid Wages
-----------------------------------------------------------------
ClaimDepot reports that employees who worked as registered nurses,
physician assistants or expanded-function dental auxiliaries at the
Department of Veterans Affairs at any time since Aug. 23, 2012, and
did not receive premium pay for night or Saturday shifts, regularly
scheduled overtime hours on days they took annual, sick or other
types of leave or received an excuse from work due to a holiday may
qualify to claim compensation from a class action settlement.
The United States agreed to pay a significant settlement to resolve
allegations that the Department of Veterans Affairs failed to pay
required premium pay to eligible employees during certain periods
of leave or excused absences. This settlement follows a court
ruling stating the government must pay retroactive premium pay to
affected employees.
Who can file a claim?
Class members must meet the following criteria:
-- They are a current or former Department of Veterans Affairs
employee.
-- They worked as a registered nurse, physician assistant or
expanded-function dental auxiliary.
-- They did not receive premium pay for night or Saturday shifts,
regularly scheduled overtime hours on days when they took annual,
sick or nine other types of leave or received an excuse from work
due to a holiday.
-- They worked in these roles at any time from Aug. 23, 2012, to
the present.
If the original recipient of the notice is deceased, a surviving
spouse, child or parent may have the right to opt in.
How much is the Veterans Affairs payout?
Class members may receive retroactive premium pay for:
-- Night or Saturday shifts
-- Regularly scheduled overtime hours on days they took annual,
sick or other specified types of leave
-- Periods received an excuse from work due to a holiday
The covered period is from Aug. 23, 2012, to the present.
The exact amount each class member will receive depends on their
individual employment records and the amount of premium pay they
should have received but did not. The settlement covers:
-- Saturday premium pay (25% premium for weekend shifts)
-- Overtime additional pay (50% premium for overtime)
-- Nighttime differential pay (10% premium for night shifts)
How to claim a settlement payment
To participate in the settlement and receive compensation, eligible
individuals must submit an opt-in form online using the claim ID
and PIN from their settlement notice. The deadline is Dec. 22,
2025.
Important dates
-- Deadline to file a claim: Dec. 22, 2025
When is the Ysla v. United States payout date?
The settlement administrator will distribute payments after the
claims process is complete and the court approves the final
distribution.
Why is there a class action settlement?
The class action lawsuit alleged the United States, through the
Department of Veterans Affairs, failed to pay the required premium
pay to registered nurses, physician assistants and
expanded-function dental auxiliaries for night or Saturday shifts,
regularly scheduled overtime hours on days when they took certain
types of leave or received an excuse from work due to a holiday.
The court determined the government must provide retroactive
premium backpay to eligible class members, leading to the
settlement.
Settlement Open for Claims
Award: Varies
Deadline: December 22, 2025 [GN]
UNITED STATES: Doe Files Suit in U.S. Ct. of Fed. Cl.
-----------------------------------------------------
A class action lawsuit has been filed against USA. The case is
styled as Jane Doe, and all others similarly situated v. USA, Case
No. 1:25-cv-01942-RMM (U.S. Ct. of Fed. Cl., Nov. 13, 2025).
The nature of suit is stated as Military Pay – Retirement.
The U.S. -- https://www.usa.gov/ -- is a country of 50 states
covering a vast swath of North America, with Alaska in the
northwest and Hawaii extending the nation's presence into the
Pacific Ocean.[BN]
The Plaintiffs are represented by:
Tacy F. Flint, Esq.
SIDLEY AUSTIN LLP
One S. Dearborn Street
Chicago, IL 60603
Phone: (312) 853-7000
Email: tflint@sidley.com
UNITED STATES: Must Respond to Class Cert Bid by Dec. 1
-------------------------------------------------------
In the class action lawsuit captioned as Jones, et al., v. U.S.
Department of Labor, et al., Case No. 1:25-cv-12653 (D. Mass.,
Filed Sept. 18, 2025), the Hon. Judge Nathaniel M. Gorton entered
an order allowing assented to motion for extension of time to Dec.
1, 2025, to file motion to dismiss and response to motion for class
certification.
The nature of suit states Administrative Procedure Act.
Department of Labor (DOL) administers federal labor laws to
guarantee workers' rights to fair, safe, and healthy working
conditions.[CC]
UNIVERSITY OF PENNSYLVANIA: Fails to Secure Private Info, Suit Says
-------------------------------------------------------------------
JASON ROSENBAUM, on behalf of himself and on behalf of all other
similarly situated individuals, Plaintiff v. UNIVERSITY OF
PENNSYLVANIA, Defendant, Case No. 2:25-cv-06357 (E.D. Pa., November
10, 2025) is a class action lawsuit against the Defendant for its
failure to protect and safeguard Plaintiff's and the Class' highly
sensitive personally identifiable information.
As part of its business, and in order to gain profits, UPenn
obtained and stored the personal information of its students,
applicants, and faculty, including the personal information of
Plaintiff and Class members. By taking possession and control of
Plaintiff's and Class members' PII, UPenn assumed a duty to
securely store and protect it.
However, on October 31, 2025, UPenn identified unauthorized remote
access to several UPenn owned email accounts. A series of mass
emails were sent to students, faculty, alumni, and parents from
accounts linked to the Graduate School of Education. Due to
Defendant's negligence, cybercriminals have accessed and obtained
everything they need to commit identity theft and wreak havoc on
the financial and personal lives of thousands of individuals
including Plaintiff, says the suit.
The complaint contends that the Defendant breached its duty and
betrayed the trust of Plaintiff and Class members by failing to
properly safeguard and protect their personal information, thus
enabling cybercriminals to access, acquire, appropriate,
compromise, disclose, encumber, exfiltrate, steal, misuse, and/or
view it.
University of Pennsylvania is a private institution of higher
learning located within the city and county of Philadelphia,
Pennsylvania. UPenn offers academic degrees in a variety of
disciplines.[BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG, PLLC
100 Garden City Plaza, Suite 408
Garden City, NY 11530
Telephone: (516) 741-5600
E-mail: rkassan@milberg.com
- and -
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Will Rogers Pkwy., Suite 700
Oklahoma City, OK 73108
Telephone: (405) 389-4989
E-mail: abm@murphylegalfirm.com
UNIVERSITY OF PENNSYLVANIA: Ransom Sues Over Data Security Incident
-------------------------------------------------------------------
Jason Hughes Ransom, on behalf of himself and all others similarly
situated v. THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA d/b/a
THE UNIVERSITY OF PENNSYLVANIA, Case No. 2:25-cv-06438 (E.D. Pa.,
Nov. 13, 2025), is brought arising out of the recent data security
incident and data breach that was perpetrated against Defendant
(the "Data Breach"), which held in its possession certain
personally identifiable information ("PII") of Plaintiff and Class
Members.
The Defendant owes Plaintiff and Class Members an affirmative duty
to adequately protect and safeguard this PII against theft and
misuse. Despite such duties created by statute, regulation, and
common law, at all relevant times, Defendant utilized deficient
data security practices, thereby allowing sensitive and private
data to fall into the hands of strangers. Defendant owes Plaintiff
and Class Members an affirmative duty to adequately protect and
safeguard this PII against theft and misuse. Despite such duties
created by statute, regulation, and common law, at all relevant
times, Defendant utilized deficient data security practices,
thereby allowing sensitive and private data to fall into the hands
of strangers.
The Defendant's following systems were accessed by the hackers:
"Customer Relationship Management (CRM) system (Salesforce), file
repositories (SharePoint and Box), a "9 reporting application
(Qlikview), as well as Marketing Cloud." But for Defendant's
failure to implement adequate and reasonable cybersecurity
procedures and protocols necessary to protect PII, the Data Breach
would not have occurred. The Defendant is well-aware that it is at
high risk of attempted cyberattack due to the high value of the
sensitive data.
Despite Defendant's awareness of both the value and sensitivity of
the data it safeguarded and serious risk presented by insufficient
security practices, Defendant did not take sufficient steps to
ensure that its systems were secure. Defendant knew or should have
known about the risk to the data it stored and processed, and the
critical importance of adequate security measures in the face of
increasing threats. The Data Breach was directly and proximately
caused by Defendant's failure to implement reasonable and
industry-standard data security practices necessary to protect its
systems from a foreseeable and preventable cyberattack, says the
complaint.
The Plaintiff and Class Members provided their PII to Defendant.
The Defendant is an Ivy League University in Philadelphia,
Pennsylvania that "offers students an unparalleled education
informed by inclusivity, intellectual rigor, research, and the
impetus to create new knowledge to the benefit of individuals and
communities around the world."[BN]
The Plaintiff is represented by:
Gerald D. Wells, III, Esq.
Stephen F. Connolly, Esq.
LYNCH CARPENTER, LLP
1760 Market Street, Suite 600
Philadelphia, PA 19103
Phone: 267-609-6910
Fax: 267-609-6955
Email: jerry@lcllp.com
steve@lcllp.com
- and -
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union St., Suite 200
San Francisco, CA 94123
Phone: (415) 788-4220
Facsimile: (415) 788-0161
Email: aschubert@sjk.law
UNIVERSITY OF PENNSYLVANIA: Sarmiento Sues Over Unprotected Info
----------------------------------------------------------------
ELISA SARMIENTO, individually and on behalf of all others similarly
situated, Plaintiff v. THE UNIVERSITY OF PENNSYLVANIA, Defendant,
Case No. 2:25-cv-06355 (E.D. Pa., November 10, 2025) is a class
action lawsuit on behalf of the Plaintiff and all others similarly
situated against Defendant arising from its failure to properly
secure, safeguard, and protect sensitive personal information
belonging to Plaintiff and Class members.
As part of its operations, UPenn collects and stores large amounts
of students, alumni, faculty, staff, and conference attendees'
private information including, but not limited to, Social Security
numbers, financial information, and other sensitive conference
registration and participation data.
On October 31, 2025, UPenn's computer systems were infiltrated by
the ransomware group known as "the hackers," which encrypted
company files and exfiltrated sensitive user data.
By collecting and storing Plaintiff's and Class Members' private
information, UPenn assumed legal and equitable duties to secure,
maintain, and protect that information against unauthorized access
and disclosure using reasonable and appropriate data security
measures, says the suit. UPenn breached those duties by failing to
implement and to follow basic security procedures, including
adequate network segmentation, access controls, and ransomware
protection. As a direct and proximate result of UPenn's wrongful
actions and omissions, Plaintiff's and Class Members' private
information is in the hands of cybercriminals, the suit alleges.
The University of Pennsylvania is a university that owns and
operates over 100 extensive educational and research facilities
throughout Pennsylvania and surrounding states. The company is
headquartered in Philadelphia, Pennsylvania and has employed
thousands of individuals affiliated with the University throughout
its campus facilities.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: aferich@ahdootwolfson.com
- and -
David S. Almeida, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (708) 437-6476
E-mail: david@almeidalawgroup.com
WERNER ENTERPRISES: Hike Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Werner Enterprises,
Inc., et al. The case is styled as Eric Hike, on behalf of all
other similarly situated v. Werner Enterprises, Inc., Does 1 to 50,
Case No. 25CV027473 (Cal. Super. Ct., Sacramento Cty., Nov. 13,
2025).
The case type is stated as "Other Employment Complaint Case."
Werner Enterprises, Inc. -- https://www.werner.com/ -- is an
American transportation and logistics company, serving the United
States, Mexico and Canada.[BN]
The Plaintiff is represented by:
Kent Bradbury, Esq.
LAW OFFICE OF KENT BRADBURY
2999 Douglas Blvd., Ste. 180
Roseville, CA 95661-4219
Phone: 916-245-0122
Email: kb@castleemploymentlaw.com
WINCO FOODS: Haskins Class Suit Removed to W.D. Wash.
-----------------------------------------------------
The case styled as ARLIN HASKINS, an individual, on behalf of
himself and others similarly situated, Plaintiff v. WINCO FOODS,
LLC, a Delaware Limited Liability Company, Defendant, Case No.
25-2-30464-7 SEA, was removed from the Superior Court of the State
of Washington in and for the County of King to the United States
District Court for the Western District of Washington on November
17, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02304 to the
proceeding.
In this complaint, the Plaintiff asserts a single claim against the
Defendant under the Washington Noncompetition Act. Specifically,
Plaintiff alleges that "WinCo's practice of prohibiting its
employees who earn less than twice the applicable minimum wage from
working second jobs with other large retail grocery stores violates
the WNCA."
WinCo Foods, LLC is an employee-owned low price supermarket
chain.[BN]
The Defendant is represented by:
Kyle D. Nelson, Esq.
Matthew R. Kelly, Esq.
Kate Bradley, Esq.
SEYFARTH SHAW LLP
999 Third Avenue, Suite 4700
Seattle, WA 98104-4041
Telephone: (206) 393-4058
E-mail: knelson@seyfarth.com
mrkelly@seyfarth.com
kkbradley@seyfarth.com
WINN WINN: Leonard Must Make Settlement Demand by June 15, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH LEONARD, et al., v.
WINN WINN LLC, et al., Case No. 2:25-cv-00716-ALM-CMV (S.D. Ohio),
the Hon. Judge Vascura entered a preliminary pretrial order:
The parties submitted their Rule 26(f) Report on Nov. 17, 2026, and
indicated their preference that the Court issue a Preliminary
Pretrial Order without a conference. Accordingly, the Nov. 24, 2025
preliminary pretrial conference is vacated.
Motions or stipulations addressing the parties or pleadings, if
any, must be filed no later than Jan. 15, 2026. Motions for class
certification must be filed by Oct. 15, 2026.
The following motions are pending:
-- Defendants' motion to dismiss, filed Aug. 26, 2025
-- Plaintiffs' Motion to Amend, filed Oct. 29, 2025
The Plaintiff shall make a settlement demand by June 15, 2026. The
Defendants shall respond by July 15, 2026. The parties agree to
make a good faith effort to settle this case.
The parties understand that this case will be referred to an
attorney mediator, or to the Magistrate Judge, for a settlement
conference in August 2026.
The Plaintiffs allege that Defendants violated the FLSA and Ohio's
Prompt Pay Act by improperly withholding their tip income.
Defendants deny liability and that the FLSA applies.
A copy of the Court's order dated Nov. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2GUPaa at no extra
charge.[CC]
XLPR INFRASTRUCTURE: Continues to Defend Federal Securities Suit
----------------------------------------------------------------
XPLR Infrastructure LP disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 4, 2025, that the
Company continues to defend itself from a federal securities class
suit in the United States District Court for the Southern District
of California.
XPLR, NEE, certain former executives of XPLR and certain current
and former directors of XPLR are the named defendants in a
purported federal securities class action lawsuit filed in the U.S.
District Court for the Southern District of California in July 2025
that seeks unspecified damages alleging that the defendants made
false and misleading statements regarding XPLR's business model,
XPLR distributions and arrangements relating to noncontrolling
Class B members' interests under certain limited liability company
agreements to which XPLR and certain of its subsidiaries are or
were a party. The alleged class includes all persons or entities
other than the defendants who purchased or otherwise acquired XPLR
securities between September 27, 2023 and January 27, 2025.
The defendants are vigorously defending against the claims in this
proceeding.
XPLR acquires, owns, and manages contracted clean energy projects
in the U.S., including a portfolio of contracted renewable
generation assets consisting of wind, solar, and battery storage
projects. The Company also owns contracted natural gas pipeline
assets. The Company changed its name from "NextEra Energy Partners,
LP" to "XPLR Infrastructure, LP†in January 2025.[BN]
ZYNEX INC: Continues to Defend Heid Class Suit in California
------------------------------------------------------------
Zynex Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2025 filed with the Securities and
Exchange Commission on November 17, 2025, that the Company
continues to defend itself from the Heid class suit in the
California Superior Court, San Diego County.
On March 4, 2023, a class action complaint was filed against the
Company in the California Superior Court, San Diego County,
captioned Heid v. Zynex Medical, Inc., No. 37-2023-11832, alleging
violations of the California Invasion of Privacy Act ("CIPA"),
California Unfair Competition Law, invasion of privacy, intrusion
upon seclusion, and seeking class certification. The complaint
seeks class certification, damages and restitution, statutory
damages, and costs. The Company has reached a preliminary
settlement with the plantiffs that is pending court approval.
The Company recorded an accrual related to this matter which is
included in accounts payable and accrued expenses in the condensed
consolidated balance sheets as of September 30, 2025.
Zynex is a medical device manufacturer that produces and markets
electrotherapy devices for use in pain management and physical
rehabilitation. The Company's products are small, battery powered
electronic devices which deliver electric pulses via wires and
electrode pads. The Individual Defendants are officers of the
company.[BN]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***