251211.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 11, 2025, Vol. 27, No. 247
Headlines
2K GAMES: J.A.'s Class Certification Bid Continued to Feb. 5, 2026
600 NORTH BRUSH: Underpays Registered Nurses, Tall Suit Alleges
A1 DEVELOPMENT: Estep Suit Seeks to Recover Gambling Losses
AMAZON.COM INC: Appeals Class Cert. Order in BIPA Suit to 7th Cir.
AMAZON.COM INC: Unsealing Portions of Class Cert Docs Sought
AMERICAN MEDICAL: Post Seeks to Reset Class Cert Deadlines
AMERICAN PLUMBING: Marston Seeks to Certify Class of Plumbers
ANAVEX LIFE: Continues to Defend ANVEX 2-73 Shareholder Class Suit
ANNAPOLIS, MD: Seeks to Decertify Class in Johnson Suit
APPLE INC: Potter Handy Appeals Final Judgment Order in Lopez Suit
ARAMARK: Continues to Defend Securities Class Suit in Georgia
ARB RISK: Trejo Sues Over Illegal Rent-A-Tribe Lending Scheme
ASHLYNN MARKETING: Class Cert Bid Filing Extended to Jan. 8, 2026
AVEN FINANCIAL: Appeals Denied Arbitration Bid in Marino Suit
BAE SYSTEMS: Rocha Class Suit Seeks to Recover Unpaid Wages
BANK OF AMERICA: Filing for Class Cert Bid Due March 23, 2026
BATON ROUGE: Haynes Files Suit Over Racial Discrimination
BEECH-NUT NUTRITION: Heins Files Suit in N.D. California
BERT OGDEN MOTORS: Ximenes Files TCPA Suit in S.D. Texas
BIOGEN INC: Bid for Leave to File Sur-Reply in Shash Tossed
BROCKMAN SITE: Mester Sues Over Mass Layoff Without Prior Notice
BUFFALO, NY: Galbraith Appeals Remand & Dismissal Order to 2nd Cir.
BURGER KING: Court Denies Bid to Certify "Coleman" Class
BYHEART INC: Sells Contaminated Baby Formulas, Valenzuela Claims
CENTRAL ONE: Curran Files Suit Over Data Breach
CENTRAL VALLEY PAINTING: Rodrigues Files Suit in Cal. Super. Ct.
CERENCE INC: Continues to Defend BIPA Suit in Illinois
CERENCE INC: Settlement in Securities Suit Has Final Approval
CLEANSPARK INC: Continues to Defend Bishins Securities Class Suit
COMFRT LLC: Dalton Sues Over Blind-Inaccessible Website
CONDUENT INCORPORATED: Dekenipp Files Suit in D. New Jersey
COOK COUNTY, IL: Wilhoite Sues Over Denial of Detainees' Rights
CUSTOMS AND BORDER: Seeks More Time to Oppose Class Cert Bid
DISTRESSED ASSET: Schmidt Files Suit in D. New Jersey
DOORDASH INC: Alexander Files Suit Over Data Breach
EACO CORP: $7.5MM Settlement in Workers' Suit Has Court OK
EQUIFAX INFORMATION: Taylor Files FCRA Suit in E.D. Virginia
EVERLAST SIGN: Appeals Attorney Fees Order in Rafter Wage Suit
EXACT BENEFITS GROUP: Clark Files FLSA Suit in S.D. Ohio
FARADAY FUTURE: "Hof" Remains Pending in New York
FLAGSHIP RESTAURANT: Appeals Class Cert. Order in Hallman FLSA Suit
FLUENCE ENERGY: Continues to Defend Consolidated Securities Suit
FOODS ALIVE INC: Gonzales Files Suit in Cal. Super. Ct.
FORWARD SOLUTIONS: Martin Suit Seeks Conditional Status
FROEDTERT HEALTH: Filing for Class Cert Bid Due Dec. 4, 2026
GARNER ENVIRONMENTAL: Bid for Summary Judgment Due Oct. 15, 2026
GECU FEDERAL: Trevino Appeals Arbitration Order to 9th Circuit
GLASSFRONTS SYSTEMS: Wyman Suit Seeks Conditional Certification
GLOBAL E-TRADING: Sihler Seeks Final OK of $12.5MM Settlement
GOOGLE LLC: Files Writ of Mandamus Petition to the Federal Circuit
GUTHY-RENKER LLC: Joyce Files Suit in N.D. California
HOMELAND SECURITY: Appeals Court Order in Nava Suit to 7th Circuit
HRB DIGITAL: Appeals Arbitration Order in Rios Suit to 9th Circuit
HUNGRY POT: Cao Seeks Collective Action Status
I.C. SYSTEM INC: Esquivel Files FCRA Suit in S.D. California
I3 VERTICALS: Continues to Defend "Hess" in New York
JEA SENIOR LIVING: Manning Sues to Recover Overtime Compensation
JOHNSON & JOHNSON: Files Writ of Certiorari Extension to Sup. Ct.
JOSEPHINE COUNTY, OR: Class Settlement in Gabbert Gets Initial Nod
JPAY LLC: Zielinski Appeals Court Order to 2nd Circuit
KEURIG GREEN: Burkley Appeals Denied Class Cert. Bid to 2nd Circuit
KNIGHT-SWIFT TRANSPORTATION: Settlement in Hagins Gets Initial Nod
LAKEVIEW LENDING: Margulis Seeks to Extend Class Cert Deadlines
LINDBERGH PLAZA: Kirchner Sues Over Unlawful Physical Barriers
MADISONVILLE, KY: Wedding Appeals Suit Dismissal to 6th Circuit
MARSHFIELD CLINIC: Smith Sues Over Failure to Secure Personal Info
MULTNOMAH COUNTY, OR: Class Settlement in Lynch Gets Initial Nod
NEW YORK, NY: Stroman Seeks Unpaid OT for DHS Officers & Sergeants
ONCOLOGY INSTITUTE: Wyatt Sues Over Compromised PII/PHI of Patients
OPENLOOP HEALTH: Day Sues Over Unlawful Weight Loss Pill
ORACLE CORPORATION: Fails to Safeguard Private Info, Barnes Says
PALM BEACH TAN: Filing for Class Cert. Bid Due June 5, 2026
PANDA RESTAURANT: Fenn Sues Over Unpaid Overtime Compensation
PB SOUTH CONSTRUCTION: Ardigo Files FCRA Suit in S.D. Florida
PENTAGON FEDERAL: Appeals Court Order in Boczek Suit to 4th Cir.
PILLSBURY WINTHROP: Fails to Protect Personal Info, Reyes Says
PLANNED PARENTHOOD: Filing for Class Cert Bid Due Dec. 23
POST UNIVERSITY: Class Cert Bid Filing in Wright Due July 24, 2026
PROCTER & GAMBLE: Sanchez Balks at Tampon Product's Lead Content
PROVIDENCE HOMEOWNERS: Seeks More Time to File Class Cert Reply
R&S TOWER: Wors Seeks to Conditionally Certify Employee Collective
R.T. FARM: Mondragon Appeals Suit Dismissal to 9th Circuit
SELECT MEDICAL: Fails to Protect Personal Info, Campbell Says
SHIPWRIGHT SPAC: Richards Appeals Suit Dismissal to Del. Sup. Ct.
SHOTS NO CHASER: Espinal Sues Over Blind-Inaccessible Online Store
SITUSAMC HOLDINGS: Fails to Safeguard Personal Info, Dunham Says
SKYWEST AIRLINES: Faces Penn Wage-and-Hour Suit in E.D. Calif.
SOLSTICE BENEFITS: Seeks to Stay Class Cert Briefing in Lyngaas
SOLSTICE BENEFITS: Seeks to Strike Renewed Bid for Class Cert.
SSA HOLDINGS: Ando Sues Over Failure to Protect Sensitive data
SSA HOLDINGS: Fails to Prevent Data Breach, Gomez Alleges
STEVEN BOWMAN: Loses Bid to Stay Prelim Injunction in "Monroe"
STRONGHOLD CONTRACTING: Toole Seeks to Recover Laborers' Unpaid OT
SUNSHINE VENTURE: Hoven Files Suit in Fla. Cir. Ct.
SUNTRUST BANK: Files Writ of Certiorari Petition to Supreme Court
TEAM DISCOVERY: Class Cert Bid Filing Extended to March 17, 2026
TODD SNYDER: Faces Stevens Suit Over Unlawful Labor Practices
TRANSUNION LLC: Kaplan Seeks to File Class Cert Docs Under Seal
UNITED HEALTHCARE: Thomas-Cole Sues Over Unpaid Wages
UNITED STATES: Appeals Injunction & Class Cert. Order to 2nd Cir.
UNITED STATES: Braxton Appeals Injunction Order to D.C. Circuit
UNITED STATES: Court Extends Time to Oppose Class Cert Bid
UNITED STATES: Withrow Sues Over Discriminative Restroom Facilities
VALOR TECHNICAL: Fails to Properly Pay Technicians, Thornton Says
VIRTU FINANCIAL: Opposition to Class Cert Extended to Jan. 22, 2026
WAKEFIELD & ASSOCIATES: Risper Files Suit in D. Colorado
WALGREEN EASTERN: Class Certification Bids Due August 24, 2026
WESTMORELAND ABSALOKA: Salazar Seeks Equipment Operators' Unpaid OT
YIPPEE ENTERTAINMENT: Appeals Denied Arbitration Bid to 9th Circuit
*********
2K GAMES: J.A.'s Class Certification Bid Continued to Feb. 5, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as J.A. v. 2K Games, Inc. et
al Case No. 3:23-cv-05961 (N.D. Cal., Filed Nov. 17, 2023), the
Hon. Judge James Donato entered an order continuing to Feb. 5,
2026, the following:
-- The hearings on J.A.'s motion to strike,
-- J.A.'s class certification motion, and
-- 2K Games, Inc.'s motion to strike.
The nature of suit states Diversity-Tort/Non-Motor Vehicl --
Personal Property -- Other Fraud.
2K is an American video game publisher.[CC]
600 NORTH BRUSH: Underpays Registered Nurses, Tall Suit Alleges
---------------------------------------------------------------
ANGEL TALL, on behalf of herself and all others similarly situated,
Plaintiff v. 600 NORTH BRUSH OPCO, LLC, 670 OH OPCO, LLC, 2473
NORTH ROAD NE OPCO, LLC, 5000 SOWUL BOULEVARD OPCO, LLC, 17322
EUCLID AVENUE COMPANY, LLC, MARION OPCO, LLC, NEWARK OPCO, LLC, and
JOHN DOE CORPORATIONS 1-10, Defendants, Case No. 3:25-cv-02466
(N.D. Ohio, November 13, 2025) is a class action against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Plaintiff was employed as an hourly registered nurse at the
Defendants' facility in Fremont, Ohio from approximately June 2025
until October 2025.
600 North Brush Opco, LLC is a nursing facility owner and operator
in Ohio.
670 OH OPCO, LLC is a nursing facility owner and operator in Ohio.
2473 North Road NE OPCO, LLC is a nursing facility owner and
operator in Ohio.
5000 Sowul Boulevard Opco, LLC is a nursing facility owner and
operator in Ohio.
17322 Euclid Avenue Company, LLC is a nursing facility owner and
operator in Ohio.
Marion Opco, LLC is a nursing facility owner and operator in Ohio.
Newark Opco, LLC is a nursing facility owner and operator in Ohio.
[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
Email: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
takers@mcoffmanlegal.com
A1 DEVELOPMENT: Estep Suit Seeks to Recover Gambling Losses
-----------------------------------------------------------
SCOTT ESTEP, individually and on behalf of all others similarly
situated, Plaintiff v. A1 DEVELOPMENT, LLC, Defendant, Case No.
2:25-cv-01337-ALM-CMV (S.D. Ohio, Nov. 19, 2025) alleges violation
of the Ohio Consumer Sales Practices Act.
According to the complaint, the Plaintiff seeks recovery of illegal
gambling losses by Ohio residents who played the Defendant's
illegal online gambling games.
A1 Development LLC is a technology-driven entertainment company,
combining creativity and modern solutions to design and publish
world-class free-to-play games and mobile applications. [BN]
The Plaintiff is represented by:
Joshua D. Rockwell, Esq.
Rockwell LLC
47 East Wilson Bridge Road
Worthington, Ohio 43085
Telephone: (614) 806-7672
Email: jrockwell@lawrockwell.com
AMAZON.COM INC: Appeals Class Cert. Order in BIPA Suit to 7th Cir.
------------------------------------------------------------------
AMAZON.COM INC., et al. are taking an appeal from a court order
granting in part and denying in part the Plaintiffs' motion to
certify class in the lawsuit entitled Michael Gunderson, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Amazon.com Inc., et al., Defendants, Case No.
1:19-cv-05061, in the U.S. District Court for the Northern District
of Illinois.
The suit is brought against the Defendant for violations of
Illinois' Biometric Information Privacy Act (BIPA).
On Nov. 6, 2025, Judge Franklin U. Valderrama entered an Order
granting in part and denying in part the Plaintiffs' motion to
certify class.
Th Court grants the motion to certify class and finds that
Plaintiffs Christopher Block and Jason Stebbins are proper class
representatives, but denies it as to Gunderson, finding that he is
not a proper class representative. The Court hereby certifies a
class composed of "all natural persons in Illinois for whom Amazon
created a voiceprint on or after June 27, 2014." The Court
terminates without prejudice the Plaintiffs' motion to bar.
The appellate case is captioned Michael Gunderson, et al. v.
Amazon.com Inc., et al., Case No. 25-8032, in the United States
Court of Appeals for the Seventh Circuit, filed on November 20,
2025. [BN]
Defendants-Petitioners AMAZON.COM INC., et al. are represented by:
Stephanie Schuster, Esq.
Raechel Keay Anglin, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: (202) 739-3000
- and -
Elizabeth B. Herrington, Esq.
MORGAN, LEWIS & BOCKIUS LLP
110 N. Wacker Drive, Suite 2800
Chicago, IL 60606
Telephone: (312) 324-1000
- and -
Matthew D. Klayman, Esq.
MORGAN, LEWIS & BOCKIUS LLP
2222 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-5000
- and -
J. Warren Rissier, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 S. Grand Avenue, Floor 22
Los Angeles, CA 90071
Telephone: (213) 612-2500
AMAZON.COM INC: Unsealing Portions of Class Cert Docs Sought
------------------------------------------------------------
In the class action lawsuit captioned as DEBORAH FRAME-WILSON, et
al., on behalf of themselves and all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:20-cv-00424-JHC (W.D. Wash.), the Parties ask the Court to enter
an order regarding unsealing portions of class certification
materials.
The parties stipulate and agree (subject to the Court’s approval)
as follows:
1. By Feb. 2, 2026, or four weeks following the completion of
Daubert briefing (whichever is later), the Parties shall
prepare public, redacted versions of (a) the Plaintiffs'
briefs supporting certification of a class ("Plaintiffs'
Class Certification Papers"), (b) Amazon's brief opposing
certification of a class ("Amazon's Class Certification
Papers"); (c) Amazon's briefs on its motion to exclude
testimony of Parag Pathak, Ph.D, and any reply ("Amazon's
Daubert Papers"); and (d) the Plaintiffs' brief opposing
Amazon's Daubert motion; however, any declarations and
accompanying exhibits to those briefs, including expert
reports, shall continue to remain under seal.
2. The Defendant Amazon.com, Inc. shall propose sealing
recommendations for (a) all Amazon sensitive information
and/or information designated by Amazon under the Amended
Stipulated Protective Order, contained in both the
Plaintiffs' Class Certification Papers, Amazon's Class
Certification Papers, Amazon's Daubert papers, and the
Plaintiff's Daubert opposition; and (b) all sensitive
information and/or information designated by or pertaining to
Non Parties under the Amended Stipulated Protective Order
contained in Amazon's Class Certification Papers and Amazon's
Daubert papers, after meeting and conferring with the Non-
Parties regarding the need to file such sensitive or
designated material under seal.
3. The Plaintiffs shall propose sealing recommendations for (a)
all sensitive information and/or information designated by or
pertaining to Non-Parties under the Amended Stipulated
Protective Order contained in the Plaintiffs' Class
Certification Papers and Plaintiff's Daubert opposition,
after meeting and conferring with the Non-Parties regarding
the need to file such sensitive or designated material under
seal; and (b) all sensitive information and/or information
designated by or pertaining to Plaintiffs under the Amended
Stipulated Protective Order contained in Amazon's Class
Certification Papers, Plaintiffs' Class Certification Papers,
Amazon's Daubert papers, and Plaintiff’s Daubert opposition.
Amazon.com is an online retailer that offers a wide range of
products.
A copy of the Parties' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=SUY3IO at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Kelly Fan, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
kellyf@hbsslaw.com
- and -
Jessica Beringer, Esq.
Shane Kelly, Esq.
Alex Dravillas, Esq.
Roseann Romano, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
ajd@kellerpostman.com
roseann.romano@kellerpostman.com
- and -
Steig D. Olson, Esq.
David D. LeRay, Esq.
Nic V. Siebert, Esq.
Maxwell P. Deabler-Meadows, Esq.
Elle Mahdavi, Esq.
Adam B. Wolfson, Esq.
Matthew Hosen, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: steigolson@quinnemanuel.com
davidleray@quinnemanuel.com
nicolassiebert@quinnemanuel.com
maxmeadows@quinnemanuel.com
adamwolfson@quinnemanuel.com
ellemahdavi@quinnemanuel.com
matthosen@quinnemanuel.com
The Defendant is represented by:
John A. Goldmark, Esq.
MaryAnn Almeida, Esq.
Emily Parsons, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: JohnGoldmark@dwt.com
MaryAnnAlmeida@dwt.com
EmilyParsons@dwt.com
- and -
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Amy J. Mauser, Esq.
Meredith Dearborn, Esq.
Kyle Smith, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
amauser@paulweiss.com
ksmith@paulweiss.com
mgoodman@paulweiss.com
mdearborn@paulweiss.com
AMERICAN MEDICAL: Post Seeks to Reset Class Cert Deadlines
----------------------------------------------------------
In the class action lawsuit captioned as CHEYENNE POST on behalf of
others similarly situated, v. AMERICAN MEDICAL RESPONSE OF SOUTHERN
CALIFORNIA, et al., Case No. 3:25-cv-01329-AJB-AHG (S.D. Cal.), the
Hon. Judge Battaglia entered an order denying the Plaintiff's
motion to stay but resetting the Plaintiff's deadline to file a
motion for class certification to 30 days after the issuance of an
order resolving the Defendants' motion for judgment on the
pleadings.
Specifically, Plaintiff argues that a stay is warranted because
filing a motion for class certification by the current December 4,
2025, deadline is not feasible considering
(1) "discovery is not at a stage where moving for class
certification is feasible,"
(2) the MJOP may impact which claims remain, and
(3) the purported settlement of a related class action "will in
all likelihood impact this action."
The Defendant provides ambulance services.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=chDJfj at no extra
charge.[CC]
AMERICAN PLUMBING: Marston Seeks to Certify Class of Plumbers
-------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH EZRA MARSTON on his
own behalf and on behalf of those similarly situated, v. AMERICAN
PLUMBING PROFESSIONALS, INC., Case No. 1:25-cv-05122-ELR (N.D.
Ga.), the Plaintiff asks the Court to enter an order as follows:
(i) Conditionally certifying the class of:
"all current and former Apprentices and/or Technicians
a/k/a Plumber Techs or Plumbers who worked at any location
of the Defendant"
(ii) directing the Defendant to produce to undersigned counsel
within 14 days of the Order granting this Motion a list
containing the names, the last known addresses, phone
numbers, and e-mail addresses of putative class members
who worked for Defendant from three years prior to the
Order granting this Motion to the present;
(iii) authorizing undersigned counsel to send a notice and
consent, in the form attached hereto as Exhibits A&B, to
all individuals whose names appear on the list produced by
the Defendant's counsel by first-class mail and e-mail and
also requiring the Defendant to post a hard copy of the
notice in English in all common areas located within all
of Defendant' locations;
(iv) authorizing undersigned counsel to send a reminder notice,
in the form attached as Exhibit C, to all putative class
members who have not responded to the initial notice
thirty (30) days after the initial notices are mailed;
(v) providing all individuals whose names appear on the list
produced by Defendant counsel with sixty (60) days from
the date the notices are initially mailed to file a
Consent to Become Opt-In Plaintiff Marston, in the form
attached hereto as Exhibits B; and
(vi) any other relief that is just and appropriate.
The Plaintiff filed this lawsuit on behalf of himself, and all
others similarly situated alleging that he and other employees who
have worked or currently work as an Apprentice and/or Technician
a/k/a Plumbing Tech and/or Plumber for Defendant have been deprived
of proper minimum wage and overtime wages by virtue of the
Defendant's unwillingness to pay appropriate minimum wage and
overtime.
The Defendant is a full-service plumbing company.
A copy of the Plaintiff's motion dated Nov. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bnxmOa at no extra
charge.[CC]
The Plaintiff is represented by:
Jeremy Stephens, Esq.
MORGAN & MORGAN, P.A.
191 Peachtree Street, N.E., Suite 4200
Atlanta, GA 30343-1007
Telephone: (404) 965-1682
E-mail: jstephens@forthepeople.com
ANAVEX LIFE: Continues to Defend ANVEX 2-73 Shareholder Class Suit
------------------------------------------------------------------
Anavex Life Sciences Corp. disclosed in its Form 10-K Report for
the annual period ending September 30, 2025 filed with the
Securities and Exchange Commission on November 25, 2025, that the
Company continues to defend itself from the ANVEX 2-73 shareholder
class suit in the United States District Court for the Southern
District of New York.
On March 13, 2024, a shareholder class action complaint was filed
in the United States District Court for the Southern District of
New York, and it named the Company and an officer of the Company as
Defendants. The complaint was amended on July 12, 2024 (the
"Initial Action"). The complaint alleged violations of the
Securities and Exchange Act of 1934 associated with disclosures and
statements made with respect to certain clinical trials for ANAVEX
2-73 related to Rett syndrome.
This lawsuit was dismissed by the United States District Court for
the Southern District of New York on June 18, 2025. The plaintiff
filed a notice of appeal on July 17, 2025. Briefing on the appeal
concluded October 30, 2025. No decision has been entered.
No amount has been recorded in its consolidated financial
statements for any loss contingencies associated with this lawsuit
as the Company believes that it is not probable that any loss will
occur.
Anavex is a biopharmaceutical company researching treatments for
central nervous system diseases.
ANNAPOLIS, MD: Seeks to Decertify Class in Johnson Suit
-------------------------------------------------------
In the class action lawsuit captioned as TAMARA JOHNSON, et al., v.
CITY OF ANNAPOLIS, Case No. 1:21-cv-01120-MJM (D. Md.), the
Defendant asks the Court, pursuant to Federal Rule of Civil
Procedure 23(c)(1)(C), to enter an order decertifying the class
previously certified in this action.
Annapolis is the capital of the U.S. state of Maryland. It is the
county seat of Anne Arundel County and its only incorporated city.
A copy of the Defendant's motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5He1ep at no extra
charge.[CC]
The Defendant is represented by:
D. Michael Lyles, Esq.
Jessica D. Corace, Esq.
CITY OF ANNAPOLIS OFFICE OF LAW
160 Duke of Gloucester Street
Annapolis, MD 21401
Telephone: (410) 263-7954
Facsimile: (410) 268-3916
E-mail: dmlyles@annapolis.gov
jcorace@annapolis.gov
APPLE INC: Potter Handy Appeals Final Judgment Order in Lopez Suit
------------------------------------------------------------------
POTTER HANDY, LLP, a third party, is taking an appeal from a court
order granting the Plaintiffs' proposed second amended final
approval order and final judgment in the lawsuit entitled Fumiko
Lopez, as guardian of A.L., a minor, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. Apple Inc.,
et al., Defendants, Case No. 4:19-cv-04577-JSW, in the U.S.
District Court for the Northern District of California.
The Plaintiffs, on behalf of themselves and those similarly
situated, filed this suit against the Defendant for its unlawful
and intentional recording of individuals' confidential
communications without their consent, in violation of the
California Invasion of Privacy Act, California Consumer Legal
Remedies Act, and California Unfair Competition Law.
On Oct. 10, 2025, the Plaintiffs filed a joint motion to
amend/correct joint submission regarding their proposed second
amended final approval order and final judgment, which Judge
Jeffrey S. White granted on Oct. 14, 2025.
The appellate case is entitled Lopez, et al. v. Apple Inc., Case
No. 25-7160, in the United States Court of Appeals for the Ninth
Circuit, filed on November 13, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 18,
2025;
-- Appellant's Appeal Transcript Order was due on November 26,
2025;
-- Appellant's Appeal Transcript is due on December 26, 2025;
-- Appellant's Opening Brief is due on February 4, 2026; and
-- Appellee's Answering Brief is due on March 6, 2026. [BN]
Plaintiffs-Appellees FUMIKO LOPEZ, as guardian of A.L., a minor, et
al., individually and on behalf of all others similarly situated,
are represented by:
Mark N. Todzo, Esq.
Patrick R. Carey, Esq.
Eric Somers, Esq.
LEXINGTON LAW GROUP
503 Divisadero Street
San Francisco, CA 94117
- and -
Margaret C. MacLean, Esq.
Andrea Farah, Esq.
Christian Levis, Esq.
LOWEY DANNENBERG, PC
44 S. Broadway, Suite 1100
White Plains, NY 10601
- and -
John T. Jasnoch, Esq.
SCOTT & SCOTT ATTORNEYS AT LAW, LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
- and -
Erin Green Comite, Esq.
SCOTT & SCOTT ATTORNEYS AT LAW, LLP
156 South Main Street
Colchester, CT 06415
- and -
Joseph P. Guglielmo, Esq.
SCOTT & SCOTT ATTORNEYS AT LAW, LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Defendant-Appellee APPLE INC. is represented by:
Isabelle L. Ord, Esq.
DLA PIPER, LLP
555 Mission Street, Suite 2400
San Francisco, CA 94105
- and -
Purvi Govindlal Patel, Esq.
MORRISON & FOERSTER, LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
- and -
Arturo Jorge Gonzalez, Esq.
MORRISON & FOERSTER, LLP
425 Market Street
San Francisco, CA 94105
Objector-Appellant POTTER HANDY, LLP appears pro se.
ARAMARK: Continues to Defend Securities Class Suit in Georgia
-------------------------------------------------------------
Aramark disclosed in its Form 10-K Report for the annual period
ending October 3, 2025 filed with the Securities and Exchange
Commission on November 25, 2025, that the Company continues to
defend itself from a securities class suit in the United States
District Court for the Northern District of Georgia.
On May 17, 2024, a purported shareholder of Vestis, the Company's
former Uniform segment that was spun-off from Aramark in September
2023, commenced a putative class action lawsuit against Vestis and
certain of its officers in the United States District Court for the
Northern District of Georgia on behalf of purchasers of Vestis'
common stock between October 2, 2023 and May 1, 2024. The complaint
alleges claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, based on allegedly false or misleading
statements generally related to Vestis' business and operations,
pricing practices, and financial results and outlook. The lawsuit
seeks unspecified damages and other relief.
On November 22, 2024, the complaint was amended to add the Company
and its Chief Executive Officer as additional defendants. On
September 30, 2025, the motion to dismiss the case was denied.
The Company intends to vigorously defend this matter.
Aramark is a leading global provider of food and facilities
services to education, healthcare, business & industry, and sports,
leisure & corrections clients.
ARB RISK: Trejo Sues Over Illegal Rent-A-Tribe Lending Scheme
-------------------------------------------------------------
BEATRIZ TREJO, individually and on behalf of all others similarly
situated, Plaintiff v. STANLEY CHAO; ARB RISK MANAGEMENT, LLC; ARB
RISK MANAGEMENT HOLDINGS, LLC; AGUSTIN GARCIA; SARAH BROWN GARCIA;
APRIL POPADITCH; PENNY MORANDA; and JOHN DOES 1-40, Defendants,
Case No. 3:25-cv-09758 (N.D. Cal., November 13, 2025) is a class
action against the Defendants for violations of the Racketeer
Influenced and Corrupt Organizations (RICO), California's Usury
Law, and California's Business and Professions Code,
quasi-contract, civil conspiracy, declaratory judgment, and
injunctive relief.
The case arises from the Defendants' engagement in a rent-a-tribe
scheme wherein non-tribal payday lenders use a Native American
tribe in order to avoid usury laws by invoking sovereign immunity.
Accordingly, the Plaintiff seeks to recover all amounts paid on her
and other Class members' loans, as well as their costs and
attorneys' fees.
ARB Risk Management, LLC is a company that operates an online
lending website based in Delaware
ARB Risk Management Holdings, LLC is a company that operates an
online lending website based in Delaware. [BN]
The Plaintiff is represented by:
Marika O'Connor Grant, Esq.
John G. Albanese, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5999
Facsimile: (612) 584-4470
Email: moconnorgrant@bergermontague.com
jalbanese@bergermontague.com
ASHLYNN MARKETING: Class Cert Bid Filing Extended to Jan. 8, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as J.J., C.D., C.B., and
D.F., individually and on behalf of all others similarly situated,
v. ASHLYNN MARKETING GROUP, INC., Case No. 3:24-cv-00311-GPC-MSB
(S.D. Cal.), the Parties ask the Court to enter an order granting
joint motion to modify pre-trial schedule:
Event Date
Deadline for Plaintiffs to file motion for Jan. 8, 2026
class certification and disclose supporting
experts:
Deadline for Defendant to file opposition Feb. 19, 2026
to motion for class certification and
disclose supporting experts:
Deadline for Plaintiffs to file reply in Mar. 19, 2026
support of motion for class certification:
Fact discovery cutoff: March 23, 2026
Rule 26(a)(2)(A) and (B) disclosure deadline: Apr. 30 2026
Expert discovery cutoff: June 11, 2026
Final pretrial conference: Nov. 6, 2026
A proposed Order is submitted herewith.
Ashlynn specializes in the marketing and distribution of tobacco
products.
A copy of the Parties' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Utvk8C at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
lsironski@bursor.com
- and -
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
LYNCH CARPENTER, LLP
1234 Camino del Mar
Del Mar, CA 92014
Telephone:(619) 762-1910
Facsimile:(858) 313-1850
E-mail: todd@lcllp.com
scott@lcllp.com
- and -
Monique Olivier, Esq.
Christian Schreiber, Esq.
OLIVIER & SCHREIBER PC
475 14th Street, Suite 250
Oakland, CA 94612
Telephone: (415) 484-0980
E-mail: monique@os-legal.com
christian@os-legal.com
The Defendant is represented by:
Andrew P. Young, Esq.
Rachel A. McMains, Esq.
SNELL & WILMER L.L.P.
3611 Valley Centre Dr., #500
San Diego, CA 92130
Telephone: (858) 434-5020
E-mail: apyoung@swlaw.com
rmcmains@swlaw.com
AVEN FINANCIAL: Appeals Denied Arbitration Bid in Marino Suit
-------------------------------------------------------------
AVEN FINANCIAL, INC. is taking an appeal from a court order denying
its motion to compel arbitration in the lawsuit entitled Arianna
Marino, individually and on behalf of all others similarly
situated, Plaintiff, v. Aven Financial, Inc., Defendant, Case No.
3:25-cv-00503-BAS-DEB, in the U.S. District Court for the Southern
District of California.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for violations of the Fair Credit
Reporting Act and Consumer Credit Reporting Agencies Act.
On May 12, 2025, the Defendant filed a motion to compel
arbitration.
On May 21, 2025, the Defendant filed an amended motion to compel
arbitration.
On Oct. 23, 2025, Judge Cynthia Bashant entered an Order denying
the Defendant's motion to compel arbitration and amended motion to
compel arbitration.
In sum, the Court first finds that the arbitration agreement in the
Terms of Service does not clearly require the arbitrator to decide
the arbitrability of the Plaintiff's claims, and thus, enables the
Court to decide arbitrability. Next, the Court finds that the Terms
of Service cannot be interpreted to preclude the Plaintiff's claims
from judicial review based on the plain text of the Parties'
agreement and based on Section 1414 of the Dodd-Frank Act.
The appellate case is captioned Marino v. Aven Financial, Inc.,
Case No. 25-7291, in the United States Court of Appeals for the
Ninth Circuit, filed on November 19, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 24,
2025;
-- Appellant's Opening Brief is due on December 29, 2025; and
-- Appellee's Answering Brief is due on January 28, 2026. [BN]
Plaintiff-Appellee ARIANNA MARINO, individually and on behalf of
all others similarly situated, is represented by:
Spencer Pfeiff, Esq.
SWIGART LAW GROUP, APC
2221 Camino Del Rio South, Suite 308
San Diego, CA 92108
Defendant-Appellant AVEN FINANCIAL, INC. is represented by:
Laura G. Brys, Esq.
GOODWIN PROCTER, LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
BAE SYSTEMS: Rocha Class Suit Seeks to Recover Unpaid Wages
-----------------------------------------------------------
LUIS QUIRINO ROCHA, an individual and on behalf of all others
similarly situated, Plaintiff v. BAE SYSTEMS, INC., a Delaware
corporation; TRADE TEAM USA, LLC, a Virginia limited liability
company; and DOES 1 through 100, inclusive, Defendants, Case No.
29CU062206C (Cal. Super., San Diego Cty., November 19, 2025) arises
from the Defendant's unlawful labor practices in violation of the
California Labor Code and the California Business & Professions
Code.
The complaint is brought against the Defendants for their: (1)
failure to pay overtime wages; (2) failure to pay minimum wages;
(3) failure to provide meal periods; (4) failure to provide rest
periods; (5) waiting time penalties; (6) wage statement violations;
(7) failure to timely pay wages; (8) failure to indemnify; and (9)
engagement in unfair competition.
The Plaintiff was employed by the Defendants as a non-exempt
employee, with duties that included, but were not limited to,
cleaning and maintaining company facilities.
Bae Systems, Inc. is an American subsidiary of British
multinational defense, security, and aerospace company BAE Systems
plc.[BN]
The Plaintiff is represented by:
Sarah H. Cohen, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: sarah@tomorrowlaw.com
BANK OF AMERICA: Filing for Class Cert Bid Due March 23, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as Mohamed v. Bank of America
N.A., Case No. 1:21-cv-01283 (D. Md., Filed May 24, 2021), the Hon.
Judge Brendan Abell Hurson entered an order granting the Motion for
Extension of Time to File Motion for Class Certification.
The Plaintiff shall file his motion for class certification on or
before March 23, 2026.
The Defendant shall file any opposition motion on or before May 15,
2026.
All other deadlines shall remain unchanged.
The suit alleges violation of the Electronic Funds Transfer Act.
Bank of America offers saving and current account, housing and auto
loans, online banking, and mortgage services.[CC]
BATON ROUGE: Haynes Files Suit Over Racial Discrimination
---------------------------------------------------------
KALEB DEWAYNE HAYNES, Plaintiff v. BATON ROUGE GENERAL MEDICAL
CENTER, Defendant, Case No. 3:25-cv-01049-JWD-EWD (M.D. La.,
November 19, 2025) is a class action brought by the Plaintiff, on
behalf of others similarly situated, against Baton Rouge General
for violations of the Title VII of the Civil Rights Act of 1964, as
amended by the Civil Rights Act of 1991.
On December 2, 2024, the Plaintiff sent an email to Vice President
Sean Casteel expressing concerns about the treatment he was
receiving from his supervisor, Emily Guidoz, including exclusion
from key departmental decisions, unauthorized staff shadowing, and
undermining of his authority. Just seven days later, on December 9,
the Plaintiff was abruptly terminated.
Ms. Guidoz provided no written documentation of any performance
concerns and stated only that Plaintiff was "not a good fit" for
the department's new direction. The temporal proximity between
Plaintiff's December 2, 2024 written complaint and his termination
on December 9, -- only seven days later -- demonstrates a causal
connection between his protected complaint regarding discriminatory
treatment and the adverse employment action, asserts the
complaint.
The Plaintiff alleges that the Defendant's conduct was intentional,
malicious, and carried out with reckless disregard for his
federally protected rights, entitling him to compensatory and
punitive damages under Title VII.
The Plaintiff is an African American male who began his employment
with Defendant Baton Rouge General Industrial Group on or about
April 2024.
Baton Rouge General Medical Center is a nonprofit hospital and
healthcare provider operating within the State of Louisiana.[BN]
The Plaintiff is represented by:
Christopher Minias, Esq.
THE MINIAS LAW FIRM
1615 Poydras Street, Suite 900
New Orleans, LA 70112
Telephone: (504) 777-7529
Facsimile: (504) 556-2866
E-mail: chris@miniaslaw.com
BEECH-NUT NUTRITION: Heins Files Suit in N.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Beech-Nut Nutrition
Company, et al. The case is styled as Damone Heins, Janice
Kawasaki, N.H., on behalf of himself and all others similarly
situated v. Beech-Nut Nutrition Company, Gerber Products Company,
Nestle USA, Inc., Nestle Enterprises S.A., Societe des Products
Nestle S.A., Walmart, Inc., Case No. 3:25-cv-10048-JSC (N.D. Cal.,
Nov. 20, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
The Beech-Nut Nutrition Corporation -- https://www.beechnut.com/ --
is a baby food company owned by the Swiss branded consumer-goods
firm Hero Group.[BN]
The Plaintiffs are represented by:
Laura Kessler Stemkowski, Esq.
MOTLEY RICE LLC
28 Bridgeside Blvd.
Mount Pleasant, SC 29464
Phone: (843) 216-9165
Fax: (843) 216-9450
Email: lstemkowski@motleyrice.com
BERT OGDEN MOTORS: Ximenes Files TCPA Suit in S.D. Texas
--------------------------------------------------------
A class action lawsuit has been filed against Bert Ogden Motors,
Inc. The case is styled as Antonio Ximenes, individually and on
behalf of all others similarly situated v. Bert Ogden Motors, Inc.
doing business as: Bert Ogden Buick GMC, Inc., Case No.
7:25-cv-00533 (S.D. Tex., Nov. 20, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Bert Ogden Motors, Inc. -- https://www.bertogden.com/ -- retails
automobiles and offers sale of new and used automobiles. Bert Ogden
Motors serves customers in the United States.[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
BIOGEN INC: Bid for Leave to File Sur-Reply in Shash Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as Shash, et al., v. Biogen
Inc. et al., Case No. 1:21-cv-10479 (D. Mass., Filed March 19,
2021), the Hon. Judge Indira Talwani entered an order denying the
Defendants' Motion for Leave to File a Sur-Reply and denying
without prejudice Plaintiffs’ Motion to Certify Class where the
parties’ briefing and proposed briefing will cause the
unnecessary work for the court and delay.
The Plaintiffs may refile their motion for class certification and
a revised Memorandum in Support of the Motion, the Defendants may
file a revised Opposition, and Plaintiffs may file a revised Reply.
The suit alleges violation of the Securities Exchange Act.
Biogen is an American multinational biotechnology company.[CC]
BROCKMAN SITE: Mester Sues Over Mass Layoff Without Prior Notice
----------------------------------------------------------------
CORY MESTER, on behalf of himself and on behalf of all others
similarly situated, Plaintiff v. BROCKMAN SITE DEVELOPMENT, LLC,
Defendant, Case No. 6:25-cv-02224 (M.D. Fla., November 19, 2025) is
a class action complaint against the Defendant for violation of the
Worker Adjustment and Retraining Notification Act and the Employee
Retirement Income Security Act of 1974, as amended by the
Consolidated Omnibus Budget Reconciliation Act of 1985, for failing
to timely provide Plaintiff and similarly situated persons with a
COBRA notice.
The Named Plaintiff and the putative class members were employees
of Defendant who were terminated without cause on their part on
December 15, 2024, or within 30 days thereof, as part of or as the
reasonably expected consequence of a mass layoff or plant closing,
which was effectuated by Defendant on that date.
The complaint alleges that Defendant failed to provide Plaintiff
and the putative class members with the 60 days advance written
notice that is required by the WARN Act. Thus, Plaintiff and the
putative class members seek all remedies available to them under
the WARN Act against Defendant.
Brockman Site Development, LLC is a civil construction company that
performs various construction-related work for its customers,
including site clearing, earthwork, installation of underground
utilities, as well as parking lot and roadway work.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
BUFFALO, NY: Galbraith Appeals Remand & Dismissal Order to 2nd Cir.
-------------------------------------------------------------------
ROBERT GALBRAITH, et al. are taking an appeal from a court order
denying their motion to remand and granting the Defendants' motions
to dismiss in the lawsuit entitled Robert Galbraith, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. City of Buffalo, et al., Defendants, Case No.
1:23-cv-00814, in the U.S. District Court for the Western District
of New York.
The suit, which was removed from State of New York Supreme Court to
the U.S. District Court for the Western District of New York, is
brought against the Defendants for personal injury claims.
On Oct. 13, 2023, the Plaintiffs filed a motion to remand to State
Court, which Judge John L. Sinatra, Jr. denied on Feb. 12, 2024.
On Dec. 20, 2024, the Defendants filed motions to dismiss the
complaint, which Judge Sinatra granted on Oct. 20, 2025.
The appellate case is captioned Galbraith v. City of Buffalo, Case
No. 25-2966, in the United States Court of Appeals for the Second
Circuit, filed on November 21, 2025. [BN]
Plaintiffs-Appellants ROBERT GALBRAITH, et al., individually and on
behalf of all others similarly situated, are represented by:
Robert MacWilliams Corp, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
42 Delaware Avenue, Suite 120
Buffalo, NY 14202
Defendants-Appellees CITY OF BUFFALO, et al. are represented by:
Charles C. Martorana, Esq.
BARCLAY DAMON, LLP
200 Delaware Avenue, Suite 1200
Buffalo, NY
- and -
Alina Artunian, Esq.
MAYER BROWN LLP
1221 Avenue of the Americas
New York, NY 10020
BURGER KING: Court Denies Bid to Certify "Coleman" Class
--------------------------------------------------------
In the case captioned as Walter Coleman, et al., Plaintiffs, v.
Burger King Corporation, Defendant, Case No.
22-cv-20925-ALTMAN/Reid (S.D. Fla.), Judge Roy K. Altman of the
United States District Court for the Southern District of Florida
denied the Plaintiffs' motion for class certification in a consumer
protection action challenging the size of Burger King's advertised
menu items.
The Plaintiffs brought this putative class action against
Defendant, Burger King Corporation, on behalf of themselves and all
other similarly situated individuals who purchased a Burger King
menu item based on false and misleading advertising concerning the
size and/or the amount of ingredients contained in said menu item.
The Plaintiffs alleged that Burger King advertises its burgers as
large burgers compared to competitors and containing oversized meat
patties and ingredients that overflow over the bun to make it
appear that the burgers are approximately 35% larger in size, and
contain more than double the meat, than the actual burger.
The Court previously allowed the Plaintiffs' allegations to survive
two motions to dismiss. The Plaintiffs sought certification of
three nationwide classes: (1) a Florida Deceptive and Unfair Trade
Practices Act (FDUTPA) class; (2) a breach-of-contract class under
Florida common law; and (3) an unjust-enrichment class under
Florida common law. Alternatively, the Plaintiffs requested
certification of state classes under the laws for Florida, New
York, Illinois, New Jersey, California, Connecticut, Massachusetts,
Michigan, Kentucky, Mississippi, Ohio, Pennsylvania, or Arizona.
During a status conference on June 2, 2025, the Plaintiffs agreed
to limit their proposed classes to purchasers of the Whopper and
the Big King only.
Regarding the FDUTPA class, the Court concluded that courts in the
Circuit have routinely held that the consumer-protection laws of
the state in which the sale of the product occurred must be
applied. The Court stated that the state with the most significant
relationship to each class member's claim is the state where the
individual purchased the item. To each Plaintiff's
consumer-protection claim, the Court must apply the
consumer-protection law of the state in which that Plaintiff
purchased either a Whopper or a Big King. The Plaintiffs' Motion
did not provide any analysis of potential state-law conflicts. They
thus utterly failed to meet their burden of showing that common
issues of law predominate in their proposed nationwide FDUTPA
class.
For the breach-of-contract class, the Court noted that under
Florida law, breach-of-contract claims are governed by the law of
the state in which the contract was made. Florida follows the rule
of lex loci contractus in determining which law applies to a
breach-of-contract claim. In the case of a consumer product, the
place of contracting is generally where the consumer purchased the
product. Again, the Plaintiffs failed to meet their burden by not
analyzing the various states' contract laws. The Court found this
lack of analysis particularly troubling because this is not a case
in which the proposed class members all signed the same form
contract.
Regarding the unjust-enrichment class, the Court stated that the
Plaintiffs have failed to demonstrate the homogeneity of different
states' laws, or at least to show that any variation they contain
is manageable. The Plaintiffs merely asserted that nationwide
unjust enrichment classes are easily suitable for certification
because there is general agreement among courts that the minor
variations in the elements of unjust enrichment under the laws of
the various states are not material and do not create an actual
conflict. The Court found this insufficient, noting that the
Plaintiffs had not cited a single state's unjust-enrichment cases,
outlined the elements of any state's unjust-enrichment cause of
action, compared or contrasted the differences between the various
states' unjust-enrichment laws, or explained how the Court might
overcome any such differences in jury instructions.
The Court determined that common issues of fact do not predominate
if, as a practical matter, the resolution of an overarching issue
breaks down into an unmanageable variety of individual legal and
factual issues.
For the FDUTPA claim, the Court found that the Plaintiffs lack
common evidence. The Defendant showed that the proposed class
members were exposed to a wide variety of advertisements. During
discovery, the Defendant produced to Plaintiffs over a thousand
different advertisements disseminated during the putative class
period, using hundreds of different food photos. The Court stated
that the number of different advertisements the Defendant
disseminated over the class period, coupled with the lack of common
evidence about where and when any specific advertisement was
displayed, strongly suggests that individual issues predominate in
this case.
The Court explained that judges in the District have routinely
found that FDUTPA-class certification is inappropriate where the
putative class members were exposed to a wide diversity of
advertisements. The apparent variability in the offers that
consumers see demonstrates that individual issues predominate.
Without evidence that the proposed class members were exposed to
the same misrepresentations, the Plaintiffs cannot prove with
common evidence that all class members suffered from the same
injury.
The Court also noted that the Plaintiffs have not introduced or
described how they would go about introducing any class-wide
evidence to show that the Defendant's advertisements actually
overstated the size of their burgers. Every sandwich served to a
Burger King guest is hand-crafted in a restaurant before being
wrapped, potentially placed in a bag, and perhaps transported from
one place to another, leading to wide variations of what it may
look like by the time the guest opens and consumes it. To determine
whether any single advertisement was misleading, the Court would
need to compare that advertisement to the photographs of the
burgers that were purchased by the class members who saw that
advertisement. That is a highly individualized inquiry.
Regarding the Defendant's affirmative defenses, the Court noted
that the Defendant has a loyalty rewards program called Royal
Perks. When customers enroll in that program, they agree to an
arbitration clause and a class-action waiver. Some 17.8 million
people in the United States are Royal Perks members, and no one can
place an order using the Burger King mobile application without
joining Royal Perks and accepting the Terms of Service. While the
presence of an affirmative defense does not standing alone preclude
a finding of predominance, it can provide additional support for a
defendant's view that the case presents mostly individualized
questions. The Court found this affirmative defense presents yet
another complicated, individualized issue that affects the claims
of a large proportion of putative class members.
For the breach-of-contract class, the Court concluded that the
Plaintiffs couldnot prove with common evidence that each proposed
class member saw the challenged advertisement and considered it an
offer. To establish that each class member saw a Defendant
advertisement, interpreted it as an offer, and then relied on it in
a material way, the Plaintiffs would have to call each class member
to swear to these facts. That is the opposite of common proof.
The Court also found that the Defendant's affirmative defense that
Plaintiffs' breach of contract claims on behalf of themselves or
some or all of the proposed class are barred because Plaintiffs or
proposed class members did not properly notify the Defendant of the
alleged breaches within a reasonable time after Plaintiffs or
proposed class members discovered or should have discovered the
alleged breaches presents individualized issues.
For the unjust-enrichment class, the Court stated that it is well
established that common questions will rarely, if ever, predominate
an unjust enrichment claim, the resolution of which turns on
individualized facts. Before it can grant relief on this equitable
claim, a court must examine the particular circumstances of an
individual case and assure itself that, without a remedy, inequity
would result or persist. The Plaintiffs' unjust-enrichment and
breach-of-contract claims trigger the very same individualized
inquiries. The record suggests that the circumstances of each class
member vary greatly.
The Court found that under Rule 23(b)(3), plaintiffs bear the
burden of establishing that damages are capable of measurement on a
classwide basis. The Plaintiffs proposed calculating damages as the
approximate price paid by consumers for the Menu Items, less the
percentage of the value by which the jury finds that the Menu Items
were overstated. The Court identified three problems with this
approach. First, a cursory review of the Defendant's public website
shows that the prices of the Defendant's menu items vary by
location. Second, the proposed class stretches from April 1, 2018
to the final disposition of this action, a period of more than
seven years, during which the Defendant's prices undoubtedly waxed
and waned. Third, the Plaintiffs have not explained how a jury
could find that any specific menu item was overstated by 35% or by
any other percentage. The Plaintiffs' lack of common, class-wide
evidence thus makes it impossible for the fact-finder to calculate
the Plaintiffs' alleged damages by the application of a consistent
overstatement percentage.
The Court determined that the Plaintiffs' proposed classes do not
satisfy Rule 23(b)(3)'s superiority requirement. The Court must
consider the class members' interests in individually controlling
the prosecution or defense of separate actions; the extent and
nature of any litigation concerning the controversy already begun
by or against class members; the desirability or undesirability of
concentrating the litigation of the claims in the particular forum;
and the likely difficulties in managing a class action.
The Court found that the Plaintiffs fall well short on the final
factor, the likely difficulties in managing a class action. The
proposed class involves millions of consumers, stretching back to
2018, very few of whom are likely to have retained proof of or even
remember their fast-food purchases. The Plaintiffs insist that the
Court can identify class members by reviewing the Defendant's
online sales records, third-party delivery service data, and
potential class members' affidavits. The Court found all three of
these proposed methods suffer from serious flaws. The Defendant's
online sales records likely reflect only a small portion of the
Defendant's overall sales. Customers who used third-party-delivery
services were not exposed to the Defendant's menu boards. The
Plaintiffs' suggestion that class members self-identify via
affidavits would result in a series of mini-trials, defeating the
purpose of class-action treatment.
The Court also addressed Rule 23(a)'s commonality requirement. The
Court stated that what matters to class certification is not the
raising of common questions, even in droves, but rather, the
capacity of a class-wide proceeding to generate common answers apt
to drive the resolution of the litigation. For all the reasons
described in its analysis, the Plaintiffs have failed to show that
the common questions they raised can be resolved through class-wide
evidence, so they have not satisfied Rule 23(a)'s commonality
requirement. While the predominance inquiry is far more demanding
than Rule 23(a)'s commonality requirement, the Plaintiffs'
inability to resolve the key issues in this case through the use of
class-wide evidence is fatal to both.
After careful review of the parties' filings, the record, and the
governing law, the Court denied the Plaintiffs' Motion for Class
Certification. The Court ordered and adjudged that the Plaintiffs'
Motion for Class Certification is denied.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=QyFuHY from PacerMonitor.com
BYHEART INC: Sells Contaminated Baby Formulas, Valenzuela Claims
----------------------------------------------------------------
MONICA VALENZUELA, individually and on behalf of all others
similarly situated, Plaintiff v. BYHEART, INC., Defendant, Case No.
1:25-cv-06333 (E.D.N.Y., November 13, 2025) is a class action
against the Defendant for violations of the New York General
Business Law, negligence, and unjust enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its baby formula
products. According to the complaint, the Defendant failed to
disclose to consumers on its packaging that the products are
contaminated with Clostridium botulinum, which can cause infant
botulism. Had the Plaintiff and similarly situated consumers known
the truth, they would not have purchased the products. The
Plaintiff and the Class seek economic damages.
ByHeart, Inc. is a manufacturer of baby formula products, with its
principal place of business in New York. [BN]
The Plaintiff is represented by:
Michael R. Reese, Esq.
100 West 93rd Street, 16th Floor
New York, NY 10025
Telephone: (212) 643-0500
Email: mreese@reesellp.com
- and -
Kevin Laukaitis, Esq.
Daniel Tomascik, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
dtomascik@laukaitislaw.com
CENTRAL ONE: Curran Files Suit Over Data Breach
-----------------------------------------------
LYNNE MARIE CURRAN and ROBERT G. CURRAN, individually and on behalf
of those similarly situated, Plaintiffs v. CENTRAL ONE FEDERAL
CREDIT UNION, Defendant, Case No. 2585CV01662B, filed in the
Commonwealth of Massachusetts Superior Court on November 26, 2025,
is a class action seeking to obtain damages, restitution, and
injunctive relief from the Defendant.
The complaint relates that in the ordinary course of providing its
banking services, the Defendant requires that each customer must
provide Defendant with sensitive, personal and private information
such as name, address, phone number, and email address; date of
birth; Social Security number; Marital status; employer with
contact information; primary and secondary insurance policy
holder's name and address; demographic information; driver's
license; medical history; insurance information and coverage; and
banking and/or credit card information.
Between August 26, 2025 and August 30, 2025, an unauthorized party
had access to Central One systems and acquired copies of some files
from its network. However, despite apparently learning of the Data
Breach during September 2025, the Defendant did not begin sending
notices to the victims of the Data Breach until November 10, 2025.
The Private Information compromised in the Data Breach included the
current and former customers' Private Information, including that
of Plaintiffs'.
The complaint alleges that the Defendant failed to implement
adequate and reasonable cybersecurity procedures and protocols
necessary to protect Plaintiffs' and Class Members' Private
Information; failed to safeguard Private Information that it
collected and maintained; and failed to provide timely and adequate
notice precisely what specific types of information were accessed
and taken by cybercriminals.
Plaintiffs Lynne Marie Curran and Robert G. Curran are citizens of
Massachusetts who were customers of the Defendant.
Defendant Central One is one of Central Massachusetts largest
federal credit unions that provides banking services including
checking, savings, loans, insurance and retirement accounts for
approximately 17,799 current customers, including Plaintiffs and
Class Members.[BN]
The Plaintiffs are represented by:
John Roddy, Esq.
BAILEY & GLASSER LLP
101 Arch Street, 8th Floor
Boston, MA 02110
Telephone: (617) 439-6730
Facsimile: (617) 951-3954
E-mail: jroddy@baileyglasser.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
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
CENTRAL VALLEY PAINTING: Rodrigues Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Central Valley
Painting, Inc., et al. The case is styled as Lusio Santacrus
Rodrigues, on behalf of all others similarly situated v. Central
Valley Painting, Inc., Nor-Cal Painting, Inc., Does 1-10, Case No.
25CV028101 (Cal. Super. Ct., Sacramento Cty., Nov. 20, 2025).
The case type is stated as "Other Employment Complaint Case."
Central Valley Painting -- https://cvpaint.com/ -- is a premier
residential painting business, offering services throughout
Central, Northern California and Nevada.[BN]
The Plaintiff is represented by:
Talar DerOhannessian, Esq.
WILSHIRE LAW FIRM, PLC
3055 Wilshire Blvd., 12th Fl.
Los Angeles, CA 90010
Phone: 213-381-9988
Fax: 213-381-9989
CERENCE INC: Continues to Defend BIPA Suit in Illinois
------------------------------------------------------
Cerence Inc. disclosed in a Form 10-K Report for the fiscal year
ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against the
purported class action lawsuit alleging violations of the Illinois
Biometric Information Privacy Act pending in an Illinois court.
On March 24, 2023, plaintiffs A.P., a minor, by and through her
guardian, Carlos Pena, and Carlos Pena, each individually and on
behalf of similarly situated individuals filed a purported class
action lawsuit in the Circuit Court of Cook County, Illinois,
Chancery Division (Case. No. 2023CH02866 (Cir. Ct. Cook Cnty.
2023)). The case was removed to Federal Court (Case No. 1:23CV2667
(N.D. Ill.)), and then severed and remanded back in part, so there
are two pending cases. Plaintiffs subsequently amended the federal
complaint twice, with the latest second amended complaint, filed on
July 13, 2023, adding plaintiffs Randolph Freshour and Vincenzo
Allan, each also filing individually and on behalf of similarly
situated individuals.
Plaintiffs allege that Cerence violated the Illinois Biometric
Information Privacy Act ("BIPA"), 740 ILCS 14/1 et seq. through
Cerence's Drive Platform technology, which is integrated in various
automobiles. The named plaintiffs allegedly drove or rode in a
vehicle with Cerence's Drive Platform technology. Across both
cases, plaintiffs allege that Cerence violated: (1) BIPA Section
15(a) by possessing biometrics without any public written policy
for their retention or destruction; (2) BIPA Section 15(b) by
collecting, capturing, or obtaining biometrics without written
notice or consent; (3) BIPA Section 15(c) by profiting from
biometrics obtained from Plaintiffs and putative class members; and
(4) BIPA Section 15(d) by disclosing biometrics to third party
companies without consent. Cerence filed motions to dismiss both
cases. On February 27, 2024, the Circuit Court issued an order
denying Cerence's motion to dismiss. On April 16, 2024, Cerence
filed its answer and affirmative defenses, a motion to certify the
Court's order on Cerence's motion to dismiss, and a motion to stay.
Thereafter, in exchange for Cerence withdrawing its motions to
certify and stay, plaintiffs filed amended complaints in both the
Circuit Court and Federal Court, which 1) dismissed some plaintiffs
and 2) amended the class definition to include Illinois individuals
who owned, leased, and/or created user profiles for vehicles with
Cerence's "voice recognition technology" (rather than anyone in
Illinois whose "voiceprint" was collected or stored by Cerence).
Cerence filed its answers in both and the parties concluded fact
discovery. The parties are now briefing class certification, which
briefing is scheduled to be complete on December 15, 2025.
On November 3, 2025, plaintiffs moved to stay the Federal Court
case pending the Circuit Court's ruling on class certification.
Plaintiffs are seeking statutory damages of $5,000 for each willful
and/or reckless violation of BIPA and, alternatively, damages of
$1,000 for each negligent violation of BIPA. Given the uncertainty
of litigation, the preliminary stage of the case, and the legal
standards that must be met for, among other things, class
certification and success on the merits, we cannot estimate the
reasonably possible loss or range of loss that may result from this
action.
CERENCE INC: Settlement in Securities Suit Has Final Approval
-------------------------------------------------------------
Cerence Inc. disclosed in a Form 10-K Report for the fiscal year
ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that the settlement entered in the City of
Miami Fire Fighters' and Police Officers' Retirement Trust
shareholder class action has obtained final court approval.
On February 25, 2022, a purported shareholder class action
captioned as City Of Miami Fire Fighters' and Police Officers'
Retirement Trust v. Cerence Inc., et al. (the "Securities Action")
was filed in the United States District Court for the District of
Massachusetts, naming the Company and two of its former officers as
defendants. Following the court's selection of a lead plaintiff and
lead counsel, an amended complaint was filed on July 26, 2022
alleging classwide claims of material misrepresentations and/or
omissions of material fact in the Company's public disclosures
during the period from November 16, 2020 to February 4, 2022, in
violation of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, as amended, and Rule 10b-5 promulgated thereunder.
On December 18, 2024, the Court granted final approval of a
settlement of the claims in the Securities Action for $30.0
million, which was paid for by insurance proceeds.
CLEANSPARK INC: Continues to Defend Bishins Securities Class Suit
-----------------------------------------------------------------
CleanSpark Inc. disclosed in its Form 10-K Report for the annual
period ending September 30, 2025 filed with the Securities and
Exchange Commission on November 25, 2025, that the Company
continues to defend itself from the Bishins securities class suit
in the United States District Court for the Southern District of
New York.
On January 20, 2021, Scott Bishins ("Bishins"), individually, and
on behalf of all others similarly situated (together, the "Class"
and the "Plaintiffs"), filed a class action complaint in the United
States District Court for the Southern District of New York against
the Company and certain of its officers, including the Company's
CEO and the Executive Chair.
On December 2, 2021, the Court appointed Bishins and Darshan
Hasthantra as lead plaintiffs, and on February 1, 2024, the Court
entered a voluntary dismissal on behalf of Bishins.
On February 28, 2022, Plaintiffs filed an Amended Class Complaint
alleging that, between December 10, 2020, and August 16, 2021,
Defendants made material misstatements and omissions related to the
Company's acquisition of ATL Data Centers LLC and its anticipated
expansion of bitcoin mining operations. Plaintiffs seek
certification of the Class, an award of compensatory damages, and
reimbursement of costs and expenses.
On September 24, 2025, the Court granted Plaintiffs' motion for
class certification. Expert discovery is ongoing, with depositions
scheduled to conclude in late 2025.
The Company believes that the claims asserted are without merit and
intends to defend against them vigorously. At this time, the
Company is unable to estimate potential losses, if any, that may
arise.
CleanSpark is a bitcoin mining company that independently owns and
operates five data centers in Georgia.
COMFRT LLC: Dalton Sues Over Blind-Inaccessible Website
-------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. COMFRT LLC, Case No. 0:25-cv-04397-NEB-EMB (D. Minn.,
Nov. 20, 2025), is brought arising because Defendant's Website
(www.comfrt.com) (the "Website" or "Defendant's Website") is not
fully and equally accessible to people who are blind or who have
low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers weighted apparel and accessories for sale
including, but not limited to, sweatshirts, jackets, sweatpants,
loungewear, children's clothing, blankets, pet clothing, and
more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CONDUENT INCORPORATED: Dekenipp Files Suit in D. New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Conduent
Incorporated. The case is styled as Arthur Dekenipp, on behalf of
himself and all others similarly situated v. Conduent Incorporated,
Case No. 2:25-cv-17796-MEF-MAH (D.N.J., Nov. 20, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Conduent Inc. -- https://www.conduent.com/ -- is an American
business services provider company headquartered in Florham Park,
New Jersey.[BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO PC
5 Becker Farm Road, 2nd Floor
Roseland, NJ 07068
Phone: (973) 994-1700
Fax: (973) 994-1744
Email: jcecchi@carellabyrne.com
COOK COUNTY, IL: Wilhoite Sues Over Denial of Detainees' Rights
---------------------------------------------------------------
DEAN WILHOITE, individually and on behalf of all others similarly
situated, Plaintiff v. SHERIFF OF COOK COUNTY AND COOK COUNTY,
ILLINOIS, Defendant, Case No. 1:25-cv-13955 (N.D. Ill., November
13, 2025) is a class action against the Defendant for violations of
rights under the Fourth and Fourteenth Amendments to the
Constitution of the United States.
According to the complaint, the Sheriff did not release the
Plaintiff from custody on May 19, 2025, even though all charges
against him had been resolved in his favor, the Plaintiff was not
wanted in a warrant, and there was no detainer for him.
As a result of policies and practices of Defendant Sheriff, the
Plaintiff remained at the Cook County Jail until 12:54 a.m. on May
24, 2025, more than 131 hours after he had become entitled to
release from custody. [BN]
The Plaintiff is represented by:
Kenneth N. Flaxman, Esq.
Joel A. Flaxman, Esq.
200 S. Michigan Ave., Ste. 201
Chicago, IL 60604
Telephone: (312) 427-3200
CUSTOMS AND BORDER: Seeks More Time to Oppose Class Cert Bid
------------------------------------------------------------
In the class action lawsuit captioned as JULIAN SANCHEZ MORA et
al., v. CUSTOMS AND BORDER PROTECTION et al., Case No.
1:24-cv-03136-BAH (D.D.C.), the Defendants ask the Court to enter
an order granting an extension of time until Dec. 23, 2025, to
oppose the Plaintiffs' motion for class certification and to extend
the Plaintiff's deadline to file a reply until Jan. 16, 2026.
The Plaintiffs, through counsel, consent to the relief sought in
this motion.
The Plaintiffs are three immigration attorneys and three
non-citizens who allege that CBP has a policy and practice of
failing to make determinations on Freedom of Information Act
("FOIA") requests within the statutory deadline.
Consistent with the Court's August 8 briefing schedule, on Sept.
12, 2025, the Plaintiffs filed a motion seeking to represent a
class of:
"All persons who filed, or will file, a FOIA request for
records related to an individual with CBP which has been
pending, or will be pending, with CBP for more than 30
business days without a determination."
Pursuant to the Court's September 17, 2025 minute order granting a
prior extension, Defendant’s opposition was due by October 17,
2025, and Plaintiff’s reply was due by October 31, 2025.
Customs and Border Protection (CBP) is a subdivision of the US
Department of Homeland Security responsible for safeguarding the
nation's borders.
A copy of the Defendants' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MOCGZ0 at no extra
charge.[CC]
The Defendants are represented by:
John J. Bardo, Esq.
Jeanine Ferris Pirro, Esq.
UNITED STATES ATTORNEYS' OFFICE
601 D Street, NW
Washington, DC 20530
Telephone: (202) 252-2539
DISTRESSED ASSET: Schmidt Files Suit in D. New Jersey
-----------------------------------------------------
A class action lawsuit has been filed against Distressed Asset
Portfolio III, LLC; et al. The case is styled as Patricia L.
Schmidt, on behalf of herself and those similarly situated v.
Distressed Asset Portfolio III, LLC; Creditshop Receivables, LLC;
Credit Shop LLC formerly known as: Credit Shop, Incorporated; John
Does 1 To 10; Case No. 2:25-cv-17802-CCC-CF (D.N.J., Nov. 20,
2025).
The nature of suit is stated as Consumer Credit.
Distressed Asset Portfolio III, LLC is a financial services company
based in Blue Ash, Ohio specializing in managing distressed
assets.[BN]
The Plaintiff is represented by:
Yongmoon Kim, Esq.
KIM LAW FIRM, LLC
411 Hackensack Ave Ste 701
Hackensack, NJ 07601
Phone: (201) 273-7117
Fax: (201) 273-7117
Email: ykim@kimlf.com
DOORDASH INC: Alexander Files Suit Over Data Breach
---------------------------------------------------
CHARLES ALEXANDER, individually and on behalf of all others
similarly situated, Plaintiff v. DOORDASH, INC., Defendant, Case
No. 3:25-cv-10281 (N.D. Cal., November 26, 2025) is a class action
against the Defendant asserting claims for negligence, negligence
per se, breach of implied contract, unjust enrichment, and breach
of fiduciary duty.
According to the complaint, the Plaintiff and Class Members
provided the personal identifying information ("PII"), like name,
phone number, physical address and email address, (collectively
"Private Information"), to DoorDash with the understanding that
DoorDash would keep that information private in accordance with
both state and federal laws.
However, on November 13, 2025, DoorDash announced a data breach to
the public and was able to confirm that an unauthorized threat
actor had accessed the Private Information of Plaintiff and Class
Members.
DoorDash disregarded the rights of Plaintiff and Class Members by
intentionally, willfully, recklessly, and/or negligently failing to
implement reasonable measures to safeguard Private Information and
by failing to take necessary steps to prevent unauthorized
disclosure of the information, the complaint asserts. DoorDash's
woefully inadequate data security measures made the Data Breach a
foreseeable, and even likely, consequence of its negligence.
As a direct and proximate result of the Data Breach, Plaintiff and
Class Members have suffered actual and present injuries, including
but not limited to: (a) present, certainly impending, and
continuing threats of identity theft crimes, fraud, scams, and
other misuses of their Private Information; (b) diminution of value
of their Private Information; (c) loss of benefit of the bargain
(price premium damages); (d) loss of value of privacy and
confidentiality of the stolen Private Information; (e) illegal
sales of the compromised Private Information; (f) mitigation
expenses and time spent responding to and remedying the effects of
the Data Breach; (g) identity theft insurance costs; (h) "out of
pocket" costs incurred due to actual identity theft; (i) credit
freezes/unfreezes; (j) anxiety, annoyance, and nuisance; (k)
continued risk to their Private Information, which remains in
DoorDash's possession and is subject to further breaches so long as
DoorDash fails to undertake appropriate and adequate measures to
protect Plaintiff's and Class Members' Private Information; and (l)
disgorgement damages associated with DoorDash's maintenance and use
of Plaintiff's data for its benefit and profit, says the suit.
Plaintiff Charles Alexander is a resident and citizen of Stockton,
California.
DoorDash, Inc. is a corporation that operates as a delivery
platform that connects customers with local restaurants, grocery
stores, and retailers.[BN]
The Plaintiff is represented by:
Michael F. Ram, Esq.
Colin Losey, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
1390 Market Street, Suite 200
San Francisco, CA 94102
Telephone: (628) 267-1537
Facsimile: (415) 358-6923
E-mail: mram@forthepeople.com
colin.losey@forthepeople.com
- and -
JOHN A. YANCHUNIS, Esq.
RONALD PODOLNY, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 275-5272
Facsimile: (813) 222-4736
E-mail: jyanchunis@forthepeople.com
ronald.podolny@forthepeople.com
EACO CORP: $7.5MM Settlement in Workers' Suit Has Court OK
----------------------------------------------------------
Eaco Corporation disclosed in a Form 10-K Report for the fiscal
year ended August 31, 2025, filed with the U.S. Securities and
Exchange Commission that the $7,500,000 settlement entered into in
the workers' class action lawsuit has obtained court approval.
In January 2023, a class action lawsuit was filed with the Los
Angeles County Superior Court against Bisco Industries, Inc.,
alleging wage and hour violations and related claims. The class
action covers a class of former and current employees of Bisco who
were employed between January 13, 2019 and the present time. In
March 2023, Plaintiff filed a First Amended Complaint that added
claims under the California Private Attorneys General Act ("PAGA").
Both parties requested to stay the litigation pending mediation,
which mediation commenced in April 2024. As a result of the
mediation, the parties agreed in principle to settle this matter
for approximately $7,500,000 which settlement amount, inclusive of
payroll taxes, was increased to $7,795,000 in May 2025.
In July 2025, the court approved the settlement. In anticipation
of this settlement, the Company accrued $7,390,000 and $285,000 in
fiscal 2024 and fiscal 2023, respectively, and an additional
$120,000 was accrued in fiscal 2025 to cover the remaining
settlement expense. The Company made the full settlement payment in
September 2025.
EQUIFAX INFORMATION: Taylor Files FCRA Suit in E.D. Virginia
------------------------------------------------------------
A class action lawsuit has been filed against Equifax Information
Services, LLC, et al. The case is styled as Angel Taylor, on behalf
of herself and all others similarly situated v. Equifax Information
Services, LLC, Experian Information Solutions, Inc., Trans Union,
LLC, Discover Financial Services, Inc., Case No. 3:25-cv-00966
(E.D. Va., Nov. 20, 2025).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Equifax -- https://www.equifax.com/ -- is one of the three
nationwide providers of consumer reports.[BN]
The Plaintiffs are represented by:
Leonard Anthony Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J. Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
EVERLAST SIGN: Appeals Attorney Fees Order in Rafter Wage Suit
--------------------------------------------------------------
ALEXA TIEFENWORTH, et al. are taking an appeal from a court order
granting in part and denying in part the Plaintiffs' motion for
attorney fees in the lawsuit entitled Frank Rafter, Jr., et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Everlast Sign & Service Inc., et al., Defendants,
Case No. 2:21-cv-4588, in the U.S. District Court for the Eastern
District of New York.
As previously reported in the Class Action Reporter, the complaint
is filed against the Defendants for violations of the Fair Labor
Standards Act and the New York Labor Law including failure to pay
overtime compensation, failure to provide wage notices, failure to
furnish accurate wage statements, failure to pay spread-of-hours
premium, failure to reimburse business expenses, and failure to pay
minimum wages for all hours worked.
On Aug. 1, 2025, the Court entered judgment in favor of the
Plaintiffs. The Plaintiffs are awarded $110,929.32, of which
$55,464.66 is in compensatory damages and $55,464.66 in liquidated
damages. Named Plaintiff Rafter shall also recover $19,416.78 in
pre-judgment interest. Named Plaintiff Kelly shall also recover
$8,398.12 in pre-judgment interest. Named Plaintiff Simms shall
also recover $2,844.66 in pre-judgment interest. The Plaintiffs
shall also recover post-judgment interest on the entire money award
of $141,588.88, inclusive of pre-judgment interest and liquidated
damages, calculated from the date the Clerk of Court enters
judgment in this action until the date of payment, at the rate set
forth in 28 U.S.C. Section 1961.
On Aug. 15, 2025, the Plaintiffs filed a motion for attorney fees
and costs, which Judge Nina R. Morrison granted in part and denied
in part. The Plaintiffs' counsel is awarded $197,100 in fees and
$6,914.05 in costs.
The appellate case is entitled Rafter v. Everlast Sign & Service
Inc., Case No. 25-2946, in the United States Court of Appeals for
the Second Circuit, filed on November 20, 2025. [BN]
Plaintiffs-Appellees FRANK RAFTER, JR., et al., individually and on
behalf of all others similarly situated, are represented by:
Brian L. Greben, Esq.
316 Great Neck Road
Great Neck, NY 11021
Defendants-Appellants ALEXA TIEFENWORTH, et al. appear pro se.
EXACT BENEFITS GROUP: Clark Files FLSA Suit in S.D. Ohio
--------------------------------------------------------
A class action lawsuit has been filed against Exact Benefits Group,
LLC. The case is styled as Ashley Clark, individually and on behalf
of all others similarly situated v. Exact Benefits Group, LLC, Case
No. 2:25-cv-01346-SDM-KAJ (S.D. Ohio, Nov. 20, 2025).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Exact Benefits Group, LLC -- https://www.exactmedicare.com/ --
provide personalized support with Medicare Advantage plans and
Supplement Insurance.[BN]
The Plaintiffs are represented by:
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin St.
Chagrin Falls, OH 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
FARADAY FUTURE: "Hof" Remains Pending in New York
-------------------------------------------------
Faraday Future Intelligent Electric 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 class
action lawsuit filed by Joseph Hof remains pending in a New York
court.
On October 11, 2023, Joseph Hof and Scott McPherson filed a class
action lawsuit in Supreme Court of the State of New York, County of
New York against Benchmark 237 LLC, Benchmark Real Estate Trust,
SLLC, Canvas Investment Partners, LLC, Canvas Property Group, LLC,
Juliet Technologies, LLC, and the Company, alleging that the
defendants engaged in various scheming practices that
discriminatorily impacted the plaintiffs and other class members
The court granted the Company's Motion to Dismiss on January 12,
2024, and dismissed the case on January 18, 2024. The plaintiffs
filed an appeal on February 12, 2024 as to the dismissal orders,
which appeal subsequently was dismissed due to the plaintiffs'
failure to timely file their appellate briefs. Although Plaintiffs
have a year to file a motion to vacate the dismissal based upon a
showing good cause, Plaintiff Hof recently filed a motion to seal
the record and expressed the Plaintiffs' desire to cease litigating
the matter further.
FLAGSHIP RESTAURANT: Appeals Class Cert. Order in Hallman FLSA Suit
-------------------------------------------------------------------
FLAGSHIP RESTAURANT GROUP, LLC is taking an appeal from a court
order granting the Plaintiff's motion for conditional certification
in the lawsuit entitled Brittney Hallman, individually and on
behalf of all others similarly situated, Plaintiff, v. Flagship
Restaurant Group, LLC, Defendant, Case No. 8:24-cv-00222-JFB, in
the U.S. District Court for the District of Nebraska.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for violations of the Fair Labor
Standards Act and the Missouri Minimum Wage Law.
On May 9, 2025, the Plaintiff filed a motion to certify class,
which Judge Joseph F. Bataillon granted on Nov. 7, 2025. This
action is certified as an FLSA collective class action consisting
of: "All people employed as servers/bartenders by Flagship
Restaurant Group since June 14, 2021."
The appellate case is captioned Brittney Hallman v. Flagship
Restaurant Group, LLC, Case No. 25-3331, in the United States Court
of Appeals for the Eighth Circuit, filed on November 21, 2025.
[BN]
Plaintiff-Appellee BRITTNEY HALLMAN, individually and on behalf of
all others similarly situated, is represented by:
Kevin A. Todd, Esq.
John J. Ziegelmeyer, III, Esq.
HKM EMPLOYMENT ATTORNEYS, LLP
1600 Genessee Street, Suite 754
Kansas City, MO 64102
Telephone: (816) 875-3332
Defendant-Appellant FLAGSHIP RESTAURANT GROUP, LLC is represented
by:
John Patrick Barrett, Esq.
Margaret C. Hershiser, Esq.
Patrice D. Ott, Esq.
KOLEY & JESSEN
800 One Pacific Place
1125 S. 103rd Street
Omaha, NE 68124
Telephone: (320) 654-4100
FLUENCE ENERGY: Continues to Defend Consolidated Securities Suit
----------------------------------------------------------------
Fluence Energy, Inc disclosed in its Form 10-K Report for the
annual period ending September 30, 2025 filed with the Securities
and Exchange Commission on November 25, 2025, that the Company
continues to defend itself from a consolidated securities class
suit in the United States District Court for the Eastern District
of Virginia.
On March 11, 2025, a putative federal securities class action
complaint captioned Abramov v. Fluence Energy, Inc. et al. (Case
No. 1:25-cv-00444) was filed in the United States District Court,
Eastern District of Virginia, against the Company and certain of
the Company's executive officers.
On April 15, 2025, a putative federal securities class action
complaint captioned Kramer v. Fluence Energy, Inc. et al. (Case No.
1:25-cv-00634) was filed in the United States District Court,
Eastern District of Virginia, against the Company, certain of the
Company's current and former executive officers, AES Grid
Stability, and AES. Both actions purported to be brought on behalf
of a purported class of stockholders, and asserted violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as
amended (the "Exchange Act") and Rule 10b-5 promulgated thereunder.
The complaints sought unspecified damages and other relief.
On May 30, 2025, the United States District Court, Eastern District
of Virginia ordered the consolidation of the Abramov and Kramer
cases, captioned the consolidated matter In re Fluence Energy, Inc.
Securities Litigation (Case No. 1:25-cv-00444-PTG-IDD) and
appointed a lead plaintiff and lead counsel. The court-appointed
lead plaintiff subsequently filed a consolidated complaint that
asserts claims under Sections 10(b) and 20(a) of the Exchange Act,
and Rule 10b-5 promulgated thereunder against the Company, AES Grid
Stability, AES, and certain of the Company's former and current
executive officers. The consolidated complaint seeks unspecified
damages and other relief.
The defendants moved to dismiss the consolidated complaint on July
11, 2025. The Company does not believe the consolidated complaint
states any meritorious claim and intends to defend this case
vigorously.
Fluence is a global provider of energy storage products and
services and digital applications for renewable energy and storage.
Fluence is a holding company and conducts all of its business
through Fluence Energy, LLC. The Individual Defendants are officers
of the company.[BN]
FOODS ALIVE INC: Gonzales Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Foods Alive Inc. The
case is styled as Arianna Gonzales, individually and on behalf of
all others similarly situated v. Foods Alive Inc., Case No.
25STCV34201 (Cal. Super. Ct., Los Angeles Cty., Nov. 20, 2025).
The case type is stated as "Common Law Fraud."
Foods Alive -- https://foodsalive.com/ -- is a family-company,
crafting healthy foods since 1999.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
FORWARD SOLUTIONS: Martin Suit Seeks Conditional Status
-------------------------------------------------------
In the class action lawsuit captioned as SPENCER MARTIN,
individually and on behalf of others similarly situated, v. FORWARD
SOLUTIONS, LLC, Case No. 1:25-cv-02858-MHC (N.D. Ga.), the
Plaintiff asks the Court to enter an order granting motion for
conditional certification of a collective action and issuance of
court-approved notice.
1. Conditionally certifying the Plaintiffs' claims for unpaid
wages as a collective action representing a class composed
of:
"salaried inside sales agents who worked for the Defendant
Forward Solutions, LLC ("Forward Solutions") or its
predecessor, Integrated Access Corporation ("IAC") at any
time from Nov. 26, 2022 to the present pursuant to 29 U.S.C.
section 216(b)";
2. Authorizing the issuance of the Plaintiffs' proposed notice
to all potential opt-in plaintiffs who worked for Forward
Solutions at any time from Nov. 26, 2022 to the present via
United States mail; electronic mail or message; and that all
forms of distribution include a linked electronic Consent
Form that may be completed and signed electronically; and
3. Permitting putative class members 60 days from the date
notice is sent to submit (or postmark) a consent form to
participate in this action.
Forward provides professional services.
A copy of the Plaintiff's motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UX7yJO at no extra
charge.[CC]
The Plaintiff is represented by:
James D. Dean, Esq.
John L. Mays, Esq.
PARKS, CHESIN, &WALBERTP.C.
1355 Peachtree Street NE, Suite 2000
Atlanta, GA 30309
Telephone: (404) 873-8000
E-mail: jmays@pcwlawfirm.com
jdean@pcwlawfirm.com
FROEDTERT HEALTH: Filing for Class Cert Bid Due Dec. 4, 2026
------------------------------------------------------------
In the class action lawsuit captioned as NITISH S. BANGALORE, v.
FROEDTERT HEALTH, INC., et al., Case No. 2:20-cv-00893-PP (E.D.
Wis.), the Hon. Judge Pamela Pepper entered a scheduling order as
follows:
The parties shall exchange their Rule 26(a)(1) disclosures by the
end of the day on Dec. 12, 2025.
Parties wishing to amend pleadings or join parties without leave of
the court shall do so no later than the end of the day on Jan. 31,
2026.
The plaintiff shall disclose the identities of expert witnesses
along with reports and supporting documentation, by no later than
the end of the day on Oct. 7, 2026.
The defendants shall disclose the identities of expert witnesses,
along with reports and supporting documentation, by no later than
the end of the day on Dec. 4, 2026.
The plaintiff shall disclose the identities of reply expert
witnesses, along with reports and supporting documentation, by no
later than the end of the day on Jan. 6, 2027.
The plaintiff shall file a motion for class certification by no
later than the end of the day on Dec. 4, 2026.
The defendants shall file their response brief and supporting
materials by no later than the end of the day on Jan. 6, 2027. The
plaintiff shall file any reply brief by no later than Jan. 27,
2027.
The parties shall complete all discovery by no later than the end
of the day on Feb. 5, 2027.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ou4llE at no extra
charge.[CC]
GARNER ENVIRONMENTAL: Bid for Summary Judgment Due Oct. 15, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as Mera Romero et al., v.
Garner Environmental Services, Inc. et al., Case No.
1:25-cv-06912-LJL (S.D.N.Y.), the Hon. Judge Liman entered a case
management plan and scheduling order.
Any motion to amend or to join additional parties shall be filed no
later than Jan. 16, 2026.
All fact discovery is to be completed no later than July 30, 2026.
Initial requests for production of documents shall be served by
Jan. 9, 2026.
Any motion for summary judgment must be filed no later than Oct.
15, 2026.
Garner provides waste disposal services.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=sdphyP at no extra
charge.[CC]
GECU FEDERAL: Trevino Appeals Arbitration Order to 9th Circuit
--------------------------------------------------------------
CARLOS BARRAZA TREVINO is taking an appeal from a court order
granting the Defendant's motion to compel arbitration in the
lawsuit entitled Carlos Barraza Trevino, individually and on behalf
of all others similarly situated, Plaintiff, v. GECU Federal Credit
Union, Defendant, Case No. 2:25-cv-00625-SMB, in the U.S. District
Court for the District of Arizona.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for alleged discrimination in
violation of the Civil Rights Act of 1866.
On April 28, 2025, the Defendant filed a motion to compel
arbitration, which Judge Susan M. Brnovich granted on Oct. 27,
2025. The case is dismissed.
The appellate case is captioned Trevino v. GECU Federal Credit
Union, Case No. 25-7332, in the United States Court of Appeals for
the Ninth Circuit, filed on November 20, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 25,
2025;
-- Appellant's Opening Brief is due on December 30, 2025; and
-- Appellee's Answering Brief is due on January 29, 2026. [BN]
Plaintiff-Appellant CARLOS BARRAZA TREVINO, individually and on
behalf of all others similarly situated, is represented by:
Daniel R. Ortega, Jr., Esq.
ORTEGA LAW FIRM, PC
361 East Coronado Road, Suite 101
Phoenix, AZ 85004
- and -
Luis Leonardo Lozada, Esq.
Thomas Andrew Saenz, Esq.
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND
634 S. Spring Street, 11th Floor
Los Angeles, CA 90014
Defendant-Appellee GECU FEDERAL CREDIT UNION is represented by:
John L. Condrey, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
2 N. Central Avenue, Suite 2200
Phoenix, AZ 85004
GLASSFRONTS SYSTEMS: Wyman Suit Seeks Conditional Certification
---------------------------------------------------------------
In the class action lawsuit captioned as RICHARD WYMAN, SPENCER
WYMAN, NATHAN WARMAN, and all others similarly situated under 29
U.S.C. §216(b), v. GLASSFRONTS SYSTEMS, LLC, a Florida For-Profit
Corporation, JASON WILLIAMS, individually, and RICHARD WILLIAMS,
individually, Case No. 9:25-cv-81205-DMM (S.D. Fla.), the
Plaintiffs ask the Court to enter an order granting motion for
conditional certification and facilitation of court-authorized
notice pursuant to 29 u.s.c. section 216 and supporting memoradum
of law.
The Plaintiffs request that the Court grant conditional
certification of this action and to award the following:
Require the Defendants to identify all individuals falling within
the Proposed Class by providing their last known address, telephone
number, and e-mail within ten (10) days of an Order granting
certification.
Approve the sending of notice of the collective action and a
consent to join form (in English and Spanish) by e-mail and U.S.
Mail to each Putative Class Member.
Require the Defendants to post notice of the collective action and
a consent to join form (in English and Spanish) in a conspicuous
place at its headquarters.
Appoint Perera Law Group, P.A. as counsel for the Putative Class.
Award such other and further relief as the Court deems just and
proper.
The Plaintiffs filed the Complaint in the 15th Judicial Circuit in
and for Palm Beach County, Florida on Aug. 13, 2025, seeking unpaid
overtime wages under the Fair Labor Standards Act ("FLSA"). The
Complaint was filed on behalf of the Plaintiffs and all other
similarly situated employees of Defendants.
Richard Wyman became employed by the Defendants during December of
2022, as an installer, and remained employed until the end of 2023.
Glassfronts operates a commercial glass and door installation and
repair business.
A copy of the Plaintiffs' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ir9ocJ at no extra
charge.[CC]
The Plaintiffs are represented by:
J. Freddy Perera, Esq.
Brody M. Shulman, Esq.
PERERA LAW GROUP, P.A.
12555 Orange Drive, #4107
Davie, FL 33330
Telephone: (786) 485-5232
E-mail: freddy@pba-law.com
brody@pba-law.com
The Defendants are represented by:
Keith M. Stern, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
80 S.W. 8th Street, Suite 2000
Miami, FL 33130
Telephone: (305) 901-1379
E-mail: employlaw@keithstern.com
GLOBAL E-TRADING: Sihler Seeks Final OK of $12.5MM Settlement
-------------------------------------------------------------
In the class action lawsuit captioned as JANET SIHLER, Individually
and On Behalf of All Others Similarly Situated, v. GLOBAL
E-TRADING, LLC DBA CHARGEBACKS911, GARY CARDONE, and MONICA EATON,
GARY CARDONE, MONICA EATON, Case No. 8:23-cv-01450-VMC-LSG (M.D.
Fla.), the Plaintiff asks the Court to enter an order granting
final approval to the proposed Settlement.
The Plaintiff and Defendant have agreed to a Class Settlement to
resolve the putative Class's claims against those Defendants in
exchange for $12.5 million. This agreement came after a lengthy
litigation period of more than two years and four separate
mediations.
Chargebacks911 is a chargeback management company.
A copy of the Plaintiff's motion dated Nov. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0EsvYo at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin M. Kneupper, Esq.
KNEUPPER & COVEY, PC
17011 Beach Blvd Ste 900
Huntington Beach, CA 92647
Telephone: (657) 845-3100
GOOGLE LLC: Files Writ of Mandamus Petition to the Federal Circuit
------------------------------------------------------------------
GOOGLE LLC, filed on November 20, 2025, a petition for writ of
mandamus with the U.S. Court of Appeals for the Federal Circuit,
under Case No. 26-111, in connection with a court order in the
lawsuit entitled In Re Google LLC.
Petitioner Google LLC requests a writ of mandamus vacating
discretionary-denial decisions issued by the U.S. Patent and
Trademark Office ("USPTO") in Case Nos. IPR2025-00487 and
IPR2025-00488. [BN]
Defendant-Petitioner GOOGLE LLC is represented by:
Nathan R. Speed, Esq.
Elisabeth H. Hunt, Esq.
WOLF, GREENFIELD & SACKS, PC
600 Atlantic Avenue
Boston, MA 02210
Telephone: (617) 646-8000
Facsimile: (617) 646-8646
GUTHY-RENKER LLC: Joyce Files Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Guthy-Renker, LLC.
The case is styled as Victoria Joyce, individually and on behalf of
all others similarly situated v. Guthy-Renker, LLC, Case No.
4:25-cv-09998 (N.D. Cal., Nov. 20, 2025).
The nature of suit is stated as Other Fraud.
Guthy-Renker -- https://www.guthy-renker.com/ -- is one of the
largest and most respected direct marketing companies in the
world.[BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
GUCOVSCHI LAW FIRM, PLLC
140 Broadway, Ste. FL. 46
New York, NY 10005
Phone: (212) 884-4230
Email: adrian@gucovschilaw.com
HOMELAND SECURITY: Appeals Court Order in Nava Suit to 7th Circuit
------------------------------------------------------------------
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al. are taking an
appeal from a court order in the lawsuit entitled Margarito
Castanon Nava, et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. United States Department of
Homeland Security, et al., Defendants, Case No. 1:18-cv-03757, in
the U.S. District Court for the Northern District of Illinois.
The Plaintiffs bring this suit against the Defendants for
violations of the Administrative Procedure Act.
The appellate case is entitled Margarito Castanon Nava, et al. v.
DHS, et al., Case No. 25-3050, in the United States Court of
Appeals for the Seventh Circuit, filed on November 14, 2025. [BN]
Plaintiffs-Appellees MARGARITO CASTANON NAVA, et al., individually
and on behalf of all others similarly situated, are represented
by:
Mark M. Fleming, Esq.
Keren Hart Zwick, Esq.
NATIONAL IMMIGRANT JUSTICE CENTER
111 W. Jackson Boulevard
Chicago, IL 60604
Telephone: (312) 660-1628
(312) 660-1364
- and -
Michelle T. Garcia, Esq.
ROGER BALDWIN FOUNDATION OF ACLU, INC.
150 N. Michigan Avenue
Chicago, IL 60601
Telephone: (312) 201-9740
Defendants-Appellants UNITED STATES DEPARTMENT OF HOMELAND
SECURITY, et al. are represented by:
Lori MacKenzie, Esq.
Christopher Ian Pryby, Esq.
William H. Weiland, Esq.
DEPARTMENT OF JUSTICE
P.O. Box 878
Ben Franklin Station
Washington, DC 20044
Telephone: (202) 514-4565
(202) 598-5526
(202) 305-0770
HRB DIGITAL: Appeals Arbitration Order in Rios Suit to 9th Circuit
------------------------------------------------------------------
HRB DIGITAL, LLC, et al. are taking an appeal from a court order
denying their motion to compel arbitration in the lawsuit entitled
Pedro Rios, Jr., et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. HRB Digital, LLC, et al.,
Defendants, Case No. 3:25-cv-03530-EMC, in the U.S. District Court
for the Northern District of California.
The Plaintiffs bring this class action complaint against the
Defendants for unlawful interception and disclosure of their
confidential information.
On July 14, 2025, the Defendants filed a motion to compel
arbitration and stay litigation, which Judge Edward M. Chen denied
on Oct. 27, 2025.
The Court finds that because unconscionability permeates the entire
arbitration agreement, severance would be an ineffective
half-measure or, potentially, a reward for bad faith corporate
actors. Accordingly, the Court refuses to sever the arbitration
clause, finding the entire arbitration agreement unenforceable
instead.
The appellate case is captioned Rios, et al. v. HRB Digital, LLC,
et al., Case No. 25-7199, in the United States Court of Appeals for
the Ninth Circuit, filed on November 14, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 19,
2025;
-- Appellant's Appeal Transcript Order was due on November 28,
2025;
-- Appellant's Appeal Transcript is due on December 29, 2025;
-- Appellant's Opening Brief is due on February 5, 2026; and
-- Appellee's Answering Brief is due on March 9, 2026. [BN]
Plaintiffs-Appellees PEDRO RIOS, JR., et al., individually and on
behalf of all others similarly situated, are represented by:
Ryan Ellersick, Esq.
Hart L. Robinovitch, Esq.
ZIMMERMAN REED, LLP
14646 N. Kierland Boulevard, Suite 130
Scottsdale, AZ 85254
- and -
Caleb Lucas-Hansen Marker, Esq.
ZIMMERMAN REED, LLP
6420 Wilshire Boulevard, Suite 1080
Los Angeles, CA 90048
Defendants-Appellants HRB DIGITAL, LLC, et al. are represented by:
Archis Ashok Parasharami, Esq.
Daniel Jones, Esq.
MAYER BROWN LLP
1999 K. Street, NW
Washington, DC 20006
HUNGRY POT: Cao Seeks Collective Action Status
----------------------------------------------
In the class action lawsuit captioned as DENGTAO CAO a/k/a Phillip
Cao, on behalf of himself and others similarly situated, v. HUNGRY
POT DARTMOUTH INC., HUAXIN CHEN, HONG AN ZHENG, YI PING ZHENG, SHUO
CHEN, and LEO "DOE," Case No. 1:24-cv-11797-JEK (D. Mass.), the
Plaintiff asks the Court to enter an order:
(1) granting collective action status, under the Fair Labor
Standards Act ("FLSA"), and setting the following schedule
as to Conditional Certification;
(2) directing the Defendants within 14 days of the entry of this
Order to produce an Excel spreadsheet containing first and
last name, last known address with apartment number (if
applicable), the last known telephone numbers, last known e-
mail addresses, WhatsApp, WeChat ID and/or Facebook
usernames (if applicable), and work location, dates of
employment and position of:
ALL current and former non-exempt and non-managerial
employees employed at any time from July 12, 2021, three (3)
years prior to the filing of the complaint to the date when
the Court so-orders the Notice of Pendency and Consent to
Join Form or the date when Defendants provide the name list,
whichever is later;
(3) authorizing that notice of this matter be disseminated, in
any relevant language via mail, email, text message, website
or social media messages, chats, or posts, to all members of
the putative class within 21 days after receipt of a
complete and accurate Excel spreadsheet with affidavit from
Defendants certifying that the list is complete and from
existing employment records;
(4) authorizing an opt-in period of 90 days from the day of
dissemination of the notice and its translations;
(5) authorizing the Plaintiff to publish the full opt-in notice
on Plaintiffs' counsel's website;
(6) authorizing the publication of a short form of the notice
may also be published to social media groups, specifically
targeting the Spanish, Chinese-speaking American immigrant
worker communities; and
(7) directing the Defendants to post the approved Proposed
Notice in all relevant languages, in a conspicuous and
unobstructed locations likely to be seen by all currently
employed members of the collective, and the notice shall
remain posted throughout the opt-in period, at the
workplace.
A copy of the Plaintiff's motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bC2cbc at no extra
charge.[CC]
The Plaintiff is represented by:
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
I.C. SYSTEM INC: Esquivel Files FCRA Suit in S.D. California
------------------------------------------------------------
A class action lawsuit has been filed against I.C. System, Inc. The
case is styled as Joe Esquivel, individually and on behalf of all
those similarly situated v. I.C. System, Inc., Case No.
3:25-cv-03195-TWR-KSC (S.D. Cal., Nov. 20, 2025).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
IC System -- https://www.icsystem.com/ -- is a nationally
recognized debt recovery agency.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
I3 VERTICALS: Continues to Defend "Hess" in New York
----------------------------------------------------
i3 Verticals, Inc., disclosed in a Form 10-K Report for the fiscal
year ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that it continues to defend itself against the
class action lawsuit filed by Suzanne Hess in a New York court.
On May 16, 2025, Suzanne Hess, individually and on behalf of a
putative class of citizens of the State of New York, filed a class
action compliant in the Supreme Court of the State of New York,
Nassau County, against i3 Verticals, LLC and CP-DBS, LLC d/b/a
"PaySchools", a subsidiary of i3 Verticals, LLC, seeking monetary
damages and injunctive relief related to services offered by
PaySchools that enable parents, guardians and caregivers to fund
lunches for students in certain New York school districts and
allegedly unlawful practices by PaySchools related to the fees
charged for these school lunch services.
JEA SENIOR LIVING: Manning Sues to Recover Overtime Compensation
----------------------------------------------------------------
Keyonna Manning and Tina Gray, individually and on Behalf of those
similarly situated v. JEA SENIOR LIVING, LLC, d/b/a Sinceri Senior
Living, Case No. 2:25-cv-02011-GMB (N.D. Ala., Nov. 20, 2025), is
brought to recover overtime compensation under the Fair Labor
Standards Act of 1938.
The Defendant violated the FLSA by requiring Plaintiffs and the
Collective Action Members to perform work "off the clock" and
failing to pay them the full extent of their overtime compensation.
The Plaintiffs and the Collective Action Members are entitled to
unpaid overtime compensation from Sinceri for all hours worked by
them in excess of 40 hours in a workweek, and are also entitled to
liquidated damages pursuant to the FLSA, says the complaint.
The Plaintiffs were employed by Defendant.
Sinceri operates over ninety senior living communities across the
United States, including in Alabama.[BN]
The Plaintiff is represented by:
Brian M. Clark, Esq.
Craig Lowell, Esq.
WIGGINS CHILDS PANTAZIS FISHER GOLDFARB, LLC
The Kress Building,
301 19th Street North
Birmingham, AL 35203
Phone: (205) 314-0500
Fax: (205) 254-1500
Email: bclark@wigginschilds.com
clowell@wigginschilds.com
- and -
Alan L. Quiles, Esq.
Gregg I. Shavitz, Esq.
Camar R. Jones, Esq.
SHAVITZ LAW GROUP, P.A.
622 Banyan Trail Suite 200
Boca Raton, FL 33431
Phone: (561) 447-8888
Fax: (561) 447-8831
Email: aquiles@shavitzlaw.com
gshavitz@shavitlzlaw.com
cjones@shavitzlaw.com
JOHNSON & JOHNSON: Files Writ of Certiorari Extension to Sup. Ct.
-----------------------------------------------------------------
JOHNSON & JOHNSON CONSUMER INC. requests to extend the time to file
a petition for writ of certiorari with the U.S. Supreme Court until
January 16, 2026, Case No. 23-55190, seeking a review of the ruling
of the United States Court of Appeals for the Ninth Circuit in the
case captioned Narguess Noohi, individually and on behalf of all
others similarly situated, vs. Johnson & Johnson Consumer Inc.,
Case No. 25-565. [BN]
Defendant-Petitioner JOHNSON & JOHNSON CONSUMER INC. is represented
by:
Hannah Y. S. Chanoine, Esq.
O'MELVENY AND MYERS LLP
1301 Avenue of the Americas, Suite 1700
New York, NY 10019
Telephone: (212) 326-2000
Email: hchanoine@omm.com
JOSEPHINE COUNTY, OR: Class Settlement in Gabbert Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as Gabbert et al., v.
Josephine County, Case No. 1:23-cv-01434 (D. Or.), the Hon. Judge
Immergut entered an order as follows:
Solely for the purpose of settlement in accordance with the
Settlement Agreement, and pursuant to Rule 23(a) and (b)(3), this
Court conditionally certifies the following:
"All Persons and entities, and their heirs, successors and
assignees, who owned, or had an ownership interest in, or a
valid lien on real property that Defendant Clackamas County
obtained through a foreclosure action to satisfy unpaid real
estate taxes or other County or local government taxes and
fees and associated fees and penalties, as set forth in the
schedule attached hereto as Exhibit A, which the County (1)
sold for an amount in excess of the unpaid taxes, fees and
other costs associated with that property, and for which the
statutory redemption period expired during the Class Period,
or (2) which the County still owns as of the execution date
of this Settlement Agreement and may sell for an amount in
excess of the unpaid taxes, fees and other costs associated
with that property, and for which the statutory redemption
period expired during the Class Period."
2. Consistent with the Settlement Agreement, the following are
excluded from the Settlement Class: (i) All governmental
units and entities of any type whatsoever including, but not
limited to, U.S. Department of Treasury, the Internal Revenue
Service, the State of Oregon, and Clackamas County, albeit
this provision does not apply to estate administrators who
pursuing claims on behalf of a deceased Eligible Claimant's
estate; (ii) All former holders of an interest in an Eligible
Property or Potential Eligible Property as to which any
Eligible Claimant or Potential Claimant has submitted a
request to be excluded from the Class under the procedures
set forth in the Class Notice that is accepted by the Court
and that is not timely revoked; (iii) All former holders of
an interest in an Eligible Property or Potential Eligible
Property by reason of a lien to secure payment of a debt or
judgment, which debt or judgment has since been satisfied or
released; and (iv) All Potential Claimants who have already
resolved their claim for Surplus Proceeds against Clackamas
County through a settlement agreement, release or final
judicial judgment as to which there is no appeal pending
and/or the time to appeal has expired.
3. The Court preliminarily appoints Plaintiffs Baltazar Ortiz,
Christopher Ferretti, and Brent Dorrell as the class
representatives for the Settlement Class.
4. The Court appoints Lead Counsel for the Settlement Class
(Fink Bressack; Kohn, Swift & Graf, P.C.; and Preti,
Flaherty, Beliveau & Pachios, LLP) and Liaison Counsel for
the Settlement Class (Sugerman Dahab) (collectively "Class
Counsel"), finding that Class Counsel are well-qualified and
experienced in class action litigation, and will fairly and
adequately represent the Settlement Class.
5. A Final Approval Hearing shall be held before the undersigned
at 9:00 am on Wednesday, March 18, 2026, in the United States
District Court for the District of Oregon.
Josephine County is one of the 36 counties in the U.S. state of
Oregon.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5DHldP at no extra
charge.[CC]
JPAY LLC: Zielinski Appeals Court Order to 2nd Circuit
------------------------------------------------------
JEREMY ZIELINSKI is taking an appeal from a court order in the
lawsuit entitled Jeremy Zielinski, individually and on behalf of
all others similarly situated, Plaintiff, v. JPay LLC, et al.,
Defendants, Case No. 1:22-cv-954, in the U.S. District Court for
the Western District of New York.
The complaint is brought against the Defendants for alleged
violation of prisoner's civil rights.
The appellate case is captioned Zielinski v. JPay LLC, Case No.
25-2915, in the United States Court of Appeals for the Second
Circuit, filed on November 14, 2025. [BN]
Plaintiff-Appellant JEREMY ZIELINSKI, individually and on behalf of
all others similarly situated, appears pro se.
Defendants-Appellees JPAY LLC, et al. are represented by:
Barbara D. Underwood, Esq.
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL
28 Liberty Street
New York, NY 10005
KEURIG GREEN: Burkley Appeals Denied Class Cert. Bid to 2nd Circuit
-------------------------------------------------------------------
KENNETH B. BURKLEY, et al. are taking an appeal from a court order
denying their motion to certify class in the lawsuit entitled In Re
Keurig Green Mountain Single-Serve Coffee Antitrust Litigation,
Defendant, Case No. 1:14-MD-02542, in the U.S. District Court for
the Southern District of New York.
In this putative class action, Direct Purchaser Plaintiffs (DPPs)
allege that Keurig abused its dominant position in the market for
single-serve beverage brewers and Keurig Compatible K-Cups and
erected barriers to competition to raise rivals' costs. As a direct
and proximate result of Keurig's anticompetitive conduct, DPPs were
forced to pay artificially inflated prices and were overcharged for
K-Cups.
On May 24, 2021, DPPs filed a motion for class certification and
the appointment of class representatives and class counsel.
On June 16, 2021, Keurig filed a motion in limine to exclude the
expert report and testimony of DPP Expert Gary L. French.
On Jan. 31, 2025, the Court denied Keurig's motion to exclude DPPs'
expert.
On Oct. 27, 2025, Judge Vernon S. Broderick entered the Opinion
denying DPPs' motion for class certification.
The appellate case is entitled In Re Keurig Green Mountain
Single-Serve Coffee Antitrust Litigation, Case No. 25-2908, in the
United States Court of Appeals for the Second Circuit, filed on
November 10, 2025. [BN]
Plaintiffs-Petitioners KENNETH B. BURKLEY, et al., individually and
on behalf of all others similarly situated, are represented by:
William V. Reiss, Esq.
Ellen Jalkut, Esq.
Jonathan S. Edelman, Esq.
ROBINS KAPLAN LLP
1325 Ave. of the Americas, Ste. 2601
New York, NY 10019
Telephone: (212) 980-7400
Email: wreiss@robinskaplan.com
ejalkut@robinskaplan.com
jedelman@robinskaplan.com
- and -
Michael M. Buchman, Esq.
MOTLEY RICE LLC
800 Third Ave., Ste. 2401
New York, NY 10022
Telephone: (212) 577-0050
Email: mbuchman@motleyrice.com
Defendants-Respondents KEURIG GREEN MOUNTAIN INC., et al. are
represented by:
Geoffrey Graham Grivner, Esq.
BUCHANAN INGERSOLL & ROONEY PC
500 Delaware Ave Suite 720
Wilmington, DE 19801
Telephone: (302) 552-4200
Email: geoffrey.grivner@bipc.com
- and -
Wendelynne J. Newton, Esq.
Mackenzie Baird, Esq.
Gretchen Lee Jankowski, Esq.
Matthew Pilsner, Esq.
Peter Stephen Russ, Esq.
BUCHANAN INGERSOLL & ROONEY PC
Union Trust Building
301 Grant Street, Suite 200
Pittsburgh, PA 15219
Telephone: (412) 562-8800
Email: wendelynne.newton@bipc.com
mackenzie.baird@bipc.com
gretchen.jankowski@bipc.com
matthew.pilsner@bipc.com
peter.russ@bipc.com
- and -
Samantha Lee Southall, Esq.
Carrie Amezcua, Esq.
Buchanan Ingersoll & Rooney PC
Two Liberty Place
50 S. 16th Street, Ste. 3200
Philadelphia, PA 19102
Telephone: (215) 665-8700
Email: samantha.southall@bipc.com
carrie.amezcua@bipc.com
- and -
George S. Cary, Esq.
Leah Brannon, Esq.
Alan B. Freedman, Esq.
Carl Lawrence Malm, Esq.
Elaine H. Ewing, Esq.
Everett Coraor, Esq.
Isabel Tuz, Esq.
Kenneth Stephen Reinker, Esq.
Molly Ma, Esq.
Shannon Manley, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
2112 Pennsylvania Avenue NW, Ste. 1000
Washington, DC 20037
Telephone: (202) 974-1500
Email: gcary@cgsh.com
lbrannon@cgsh.com
afreedman@cgsh.com
lmalm@cgsh.com
eewing@cgsh.com
ecoraor@cgsh.com
ituz@cgsh.com
kreinker@cgsh.com
mma@cgsh.com
smanley@cgsh.com
- and -
Lev Louis Dassin, Esq.
Joseph Michael Kay, Esq.
Rachel Lerner, Esq.
Rahul Mukhi, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
One Liberty Plaza
New York, NY 10006
Telephone: (212) 225-2000
Email: ldassin@cgsh.com
- and -
Courtney Jack Linn, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: (916) 329-4946
Email: clinn@orrick.com
- and -
Lisa Danzig, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
2001 K. Street, NW
Washington, DC 20006
Telephone: (202) 223-7300
Email: ldanzig@paulweiss.com
KNIGHT-SWIFT TRANSPORTATION: Settlement in Hagins Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as Robert Hagins, et al., v.
Knight-Swift Transportation Holdings Incorporated, Case No.
2:22-cv-01835-ROS (D. Ariz.), the Hon. Judge Silver entered a
preliminarily approving settlement:
-- The Court preliminarily certifies the following Settlement
Class for settlement purposes under Federal Rule of Civil
Procedure 23(b)(1) in this litigation (hereinafter the
"Settlement Class"):
"All persons who were participants in or beneficiaries of the
Knight-Swift Transportation Holdings, Inc. Retirement Plan, at
any time between Oct. 26, 2016 and the date upon which the
Preliminary Approval Order is entered."
The "Class Period" shall be defined as Oct. 26, 2016, through
the date of this Order. A person was a participant in or
beneficiary of the Plan during the Class Period if they had an
account balance in the Plan during such period.
-- The Settlement documented in the Settlement Agreement is
preliminarily approved.
-- A hearing (the "Fairness Hearing") pursuant to Fed. R. Civ. P.
23(e) is scheduled to be held before the Court on April 1,
2026, at 10:00 a.m.
Knight-Swift provides transportation and logistics services.
The Court previously certified a Class defined as:
"All persons who were participants in or beneficiaries of the
Knight-Swift Transportation Holdings, Inc. Retirement Plan, at
any time between Oct. 26, 2016 and the present."
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kqUz6E at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael McKay, Esq.
MCKAY LAW, LLC
5635 N. Scottsdale Rd.,
Suite 170
Scottsdale, AZ 85250
The Defendant is represented by:
Wesley E. Stockard, Esq.
LITTLER MENDELSON, P.C.
3424 Peachtree Road NE,
Suite 1200, Monarch Tower
Atlanta, GA 30326
LAKEVIEW LENDING: Margulis Seeks to Extend Class Cert Deadlines
---------------------------------------------------------------
In the class action lawsuit captioned as JARED MARGULIS,
individually and on behalf of all others similarly situated, v.
LAKEVIEW LENDING, LLC, Case No. 0:25-cv-61009-MD (S.D. Fla.), the
Plaintiff asks the Court to enter an order extending the deadlines
related to class certification set forth in the Court's order
setting trial and pre-trial deadlines for a period of 60days.
The Plaintiff requests that this Court extend the deadlines related
to class certification set forth in the Scheduling Court's Order by
60 days as follows:
(1) Exchange expert summaries or reports related to class
certification: Feb. 3, 2026.
(2) Exchange rebuttal expert summaries or reports related to
class certification: March 10, 2026.
(3) Complete class discovery: March 24, 2026.
(4) File motion for class certification: April 7, 2026.
(5) The Defendant's opposition to class certification motion:
April 21, 2026
The action arises under the Telephone Consumer Protection Act, and
Florida Statute section 501.059, alleging that the Defendant
Lakeview Lending, LLC made numerous unsolicited telemarketing calls
to Plaintiff and putative class members without consent, to
telephone numbers registered on the National Do Not Call Registry,
and after express requests to cease calling.
Between March and May 2025, Defendant made at least five
telemarketing calls to Plaintiff alone after Plaintiff expressly
demanded on two separate occasions that Defendant stop calling.
Lakeview provides mortgage financing services.
A copy of the Plaintiff's motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qW8pxw at no extra
charge.[CC]
The Plaintiff is represented by:
David P. Milian, Esq.
THE MILIAN LEGAL GROUP, PLLC
1395 Brickell Ave., Suite 800,
Miami, FL 33131
Telephone: (786) 808-9736
E-mail: david@lawmilian.com
elizabeth@lawmilian.com
pleadings@lawmilian.com
LINDBERGH PLAZA: Kirchner Sues Over Unlawful Physical Barriers
--------------------------------------------------------------
Jacob Hirning, and on behalf of others similarly situated v. PARKER
STATION PLAZA LLC, Case No. 1:25-cv-03759 (D. Colo., Nov. 20,
2025), is brought based upon Defendant's failure to remove physical
barriers to access and violations of Title III of the Americans
with Disabilities Act ("ADA") and the ADA's Accessibility
Guidelines ("ADAAG").
The Plaintiff has visited the Property five times before as a
customer and advocate for the disabled. The Plaintiff intends to
revisit the Property within six months after the barriers to access
detailed in this Complaint are removed and the Property is
accessible again. The purpose of the revisit is to be a return
customer to the Defendant, to determine if and when the Property is
made accessible and for Advocacy Purposes.
The Plaintiff intends on revisiting the Property to purchase
services as a return customer as well as for Advocacy Purposes but
does not intend to re-expose himself to the ongoing barriers to
access and engage in a futile gesture of visiting the public
accommodation known to Plaintiff to have numerous and continuing
barriers to access, as such, the Plaintiff is deterred from
returning to the Property as a customer until after the barriers to
access identified in this Complaint are cured, says the complaint.
The Plaintiff uses a wheelchair for mobility purposes.
PARKER STATION PLAZA LLC is a domestic limited liability company
that transacts business in the State of Colorado.[BN]
The Plaintiff is represented by:
Douglas S. Schapiro, Esq.
THE SCHAPIRO LAW GROUP, P.L.
7301-A W. Palmetto Park Rd., #100A
Boca Raton, FL 33433
Phone: (561) 807-7388
Email: schapiro@schapirolawgroup.com
MADISONVILLE, KY: Wedding Appeals Suit Dismissal to 6th Circuit
---------------------------------------------------------------
PAULETTE WEDDING is taking an appeal from a court order dismissing
her lawsuit entitled Paulette Wedding, individually and on behalf
of all others similarly situated, Plaintiff, v. Madisonville, KY
Health and Rehabilitation, LLC, et al., Defendants, Case No.
4:24-cv-00097, in the U.S. District Court for the Western District
of Kentucky.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for failure to pay overtime
compensation in violation of the Fair Labor Standards Act and
Kentucky Wages and Hours Act.
On Oct. 4, 2024, the Plaintiff filed an amended complaint, which
the Defendants moved to dismiss on Nov. 22, 2024.
On Dec. 23, 2024, the Plaintiff filed a motion for leave to amend.
On Oct. 15, 2025, the Court entered an Order granting the
Defendants' motion to dismiss and denying the Plaintiff's motion
for leave to amend. The Court ruled that Wedding's complaint fails
on the merits as to any possible defendant.
On Oct. 16, 2025, the Court entered judgment in favor of the
Defendants.
The appellate case is captioned Paulette Wedding v. Madisonville,
KY Health and Rehabilitation, LLC, et al., Case No. 25-6050, in the
United States Court of Appeals for the Sixth Circuit, filed on
November 17, 2025. [BN]
Plaintiff-Appellant PAULETTE WEDDING, individually and on behalf of
all others similarly situated, is represented by:
Mark N. Foster, Esq.
LAW OFFICE OF MARK N. FOSTER
P.O. Box 869
Madisonville, KY 42431
Telephone: (270) 213-1303
Defendants-Appellees MADISONVILLE, KY HEALTH AND REHABILITATION,
LLC, et al. are represented by:
August Tyler Johannsen, Esq.
LITTLER MENDELSON
300 W. Vine Street, Suite 1600
Lexington, KY 40507
Telephone: (859) 317-7982
MARSHFIELD CLINIC: Smith Sues Over Failure to Secure Personal Info
------------------------------------------------------------------
MICHELLE SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. MARSHFIELD CLINIC HEALTH SYSTEM, INC.,
Defendant, Case No. 3:25-cv-00953 (W.D. Wis., November 19, 2025) is
a class action against the Defendant for its failure to properly
secure and safeguard Plaintiff's and other similarly situated
current and former patients' sensitive information, including
protected health information and other personally identifiable
information.
The Defendant received Plaintiff and Class Members' private
information in its provision of health services to Plaintiff and
Class Members. Upon information and belief, an unauthorized party
accessed Defendant's system between August 26 and August 27, 2025.
The Plaintiff brings this action on behalf of all persons whose
private information was compromised as a result of Defendant's
failure to: (i) adequately protect the private information of
Plaintiff and Class Members; (ii) warn Plaintiff and Class Members
of Defendant's inadequate information security practices; and (iii)
effectively secure its network containing protected private
information using reasonable and effective security procedures free
of vulnerabilities and incidents. The Defendant's conduct amounts
to negligence and violates federal statutes, asserts the
complaint.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of herself, and all similarly situated
persons whose Private Information was compromised and stolen as a
result of the Data Breach and who remain at risk due to Defendant's
inadequate data security practices, the complaint relates.
Marshfield Clinic Health System, Inc. is an integrated health
system serving Wisconsin and Michigan with more than 1,600
providers.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
- and -
Gary M. Klinger, Esq.
MILBERG, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
MULTNOMAH COUNTY, OR: Class Settlement in Lynch Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as MARTIN LYNCH, et al., v.
MULTNOMAH COUNTY, et al., Case No. 3:23-cv-01502 (D. Or.), the Hon.
Judge Karin J. Immergut entered an order:
-- preliminarily approving settlement with Clackamas County,
-- conditionally certifying class for settlement purposes,
-- approving form and manner of class notice, and
-- setting date for final approval hearing.
Solely for the purpose of settlement in accordance with the
Settlement Agreement, and pursuant to Rule 23(a) and (b)(3), this
Court conditionally certifies the following class (the "Settlement
Class"):
"All Persons and entities, and their heirs, successors and
assignees, who owned, or had an ownership interest in, or a
valid lien on real property that Defendant Clackamas County
obtained through a foreclosure action to satisfy unpaid real
estate taxes or other County or local government taxes and
fees and associated fees and penalties, as set forth in the
schedule attached hereto as Exhibit A, which the County (1)
sold for an amount in excess of the unpaid taxes, fees and
other costs associated with that property, and for which the
statutory redemption period expired during the Class Period,
or (2) which the County still owns as of the execution date
of this Settlement Agreement and may sell for an amount in
excess of the unpaid taxes, fees and other costs associated
with that property, and for which the statutory redemption
period expired during the Class Period."
2. Consistent with the Settlement Agreement, the following are
excluded from the Settlement Class: (i) All governmental
units and entities of any type whatsoever including, but not
limited to, U.S. Department of Treasury, the Internal Revenue
Service, the State of Oregon, and Clackamas County, albeit
this provision does not apply to estate administrators who
pursuing claims on behalf of a deceased Eligible Claimant's
estate; (ii) All former holders of an interest in an Eligible
Property or Potential Eligible Property as to which any
Eligible Claimant or Potential Claimant has submitted a
request to be excluded from the Class under the procedures
set forth in the Class Notice that is accepted by the Court
and that is not timely revoked; (iii) All former holders of
an interest in an Eligible Property or Potential Eligible
Property by reason of a lien to secure payment of a debt or
judgment, which debt or judgment has since been satisfied or
released; and (iv) All Potential Claimants who have already
resolved their claim for Surplus Proceeds against Clackamas
County through a settlement agreement, release or final
judicial judgment as to which there is no appeal pending
and/or the time to appeal has expired.
3. The Court preliminarily appoints Plaintiffs Baltazar Ortiz,
Christopher Ferretti, and Brent Dorrell as the class
representatives for the Settlement Class.
4. The Court appoints Lead Counsel for the Settlement Class
(Fink Bressack; Kohn, Swift & Graf, P.C.; and Preti,
Flaherty, Beliveau & Pachios, LLP) and Liaison Counsel for
the Settlement Class (Sugerman Dahab) (collectively "Class
Counsel"), finding that Class Counsel are well-qualified and
experienced in class action litigation, and will fairly and
adequately represent the Settlement Class.
5. A Final Approval Hearing shall be held before the undersigned
at 9:00 am on Wednesday, March 18, 2026, in the United States
District Court for the District of Oregon.
Multnomah is part of the Portland metropolitan area.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LZ0x0t at no extra
charge.[CC]
NEW YORK, NY: Stroman Seeks Unpaid OT for DHS Officers & Sergeants
------------------------------------------------------------------
EVELTON STROMAN, et al., on behalf of themselves and all others
similarly situated, Plaintiffs v. CITY OF NEW YORK, Defendant, Case
No. 1:25-cv-09478 (S.D.N.Y., November 13, 2025) is a class action
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
The Plaintiffs are current and former employees of the City of New
York in the positions of special officer and/or sergeant in the
Department of Homeless Services.
City of New York is a public agency with its principal office and
place of business located at Broadway and Park Row, New York, New
York. [BN]
The Plaintiffs are represented by:
Hope Pordy, Esq.
Elizabeth Sprotzer, Esq.
SPIVAK LIPTON, LLP
1040 Avenue of the Americas, 20th Floor
New York, NY 10018
Telephone: (212) 765-2100
Email: hpordy@spivaklipton.com
esprotzer@spivaklipton.com
- and -
Gregory K. McGillivary, Esq.
Sarah M. Block, Esq.
Rachel B. Lerner, Esq.
McGillivary Steele Elkin LLP
1101 Vermont Ave., N.W., Suite 1000
Washington, DC 20005
Telephone: (202) 833-8855
Email: gkm@mselaborlaw.com
smb@mselaborlaw.com
rbl@mselaborlaw.com
ONCOLOGY INSTITUTE: Wyatt Sues Over Compromised PII/PHI of Patients
-------------------------------------------------------------------
ROBIN WYATT, individually and on behalf of all others similarly
situated, Plaintiff v. THE ONCOLOGY INSTITUTE OF HOPE AND
INNOVATION PATIENT SAFETY ORGANIZATION, LLC, Defendant, Case No.
2:25-cv-10869 (C.D. Cal., November 13, 2025) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, unjust enrichment, and injunctive/declaratory
relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated patients
stored within its network systems following a data breach. The
Defendant also failed to timely notify the Plaintiff and similarly
situated individuals about the data breach. As a result, the
private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties.
The Oncology Institute of Hope and Innovation Patient Safety
Organization, LLC is a provider of specialized care to cancer
patients based in California. [BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, PA
1925 Century Park E, #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
OPENLOOP HEALTH: Day Sues Over Unlawful Weight Loss Pill
--------------------------------------------------------
Darby Day, individually and on behalf of all others similarly
situated v. OPENLOOP HEALTH INC., TRIAD RX BUYER LLC and TRIAD RX,
INC., Case No. 1:25-cv-01418-UNA (D. Del., Nov. 20, 2025), is
brought concering Defendants' so-called "oral tirzepatide" weight
loss pill, a product that has never been approved by the FDA, has
no demonstrated mechanism of absorption or efficacy, and functions
as modern-day snake oil—a mass-produced, pharmacologically inert
compound when delivered via a pill, and misrepresented to consumers
as a legitimate GLP-1 weight loss therapy in violations of the
Racketeer Influenced and Corrupt Organizations Act ("RICO"), the
North Carolina Unfair and Deceptive Trade Practices Act
("NCUDTPA").
Despite the fact that Defendants and their co-conspirators could
never manufacture an oral tirzepatide pill that functions as a
legitimate, effective GLP-1 drug for weight loss, they have
marketed and continue to market and sell it to thousands of
unsuspecting consumers as a safe and effective equivalent and
alternative to GLP-1 injectable weight loss medications that are
approved by the Federal Drug Administration ("FDA").
The Plaintiff purchased the "oral tirzepatide" from a website
called MEDVi, which claimed to offer personalized,
doctor-supervised weight loss treatment. In reality, MEDVi was one
of dozens of deceptive artifices, i.e. nearly identical
"telehealth" websites each promoting the same oral tirzepatide
pills through nearly identical deceptive language and imagery.
These consumer-facing websites or "brands", like MEDVi, conceal
their common origin but are part of the same scheme and operation
with Open Loop at the hub. The websites bombard customers with ads
online and via social media, and also further the scheme and
deception by, among other things, creating the false narrative that
there is a proliferation of purported "companies" selling an "oral
tirzepatide" pill, thereby giving consumers the false impression
that the drug is legitimate and widely accepted and prescribed.
Through this scheme, Defendants have profited by intentionally
deceiving consumers into each paying hundreds of dollars for
unapproved, ineffective oral weight loss pills that were
(knowingly) never capable of delivering the weight loss results
promised, says the complaint.
The Plaintiff purchased "oral tirzepatide" from Defendants.
OpenLoop Health Inc. is a corporation organized and existing under
the laws of the State of Delaware.[BN]
The Plaintiff is represented by:
Robert J. Kriner, Jr., Esq.
Scott M. Tucker, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
2711 Centerville Rd., Suite 201
Wilmington, DE 19808
Phone: 302-656-2500
Fax: 302-656-9053
Email: smt@chimicles.com
- and -
Nicholas E. Chimicles, Esq.
Kimberly M. Donaldson-Smith, Esq.
Dylan Altland, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
361 West Lancaster Avenue
Haverford, PA 19041
Phone: 610-642-8500
Fax: 610-649-3633
Email: nec@chimicles.com
kds@chimicles.com
dda@chimicles.com
ORACLE CORPORATION: Fails to Safeguard Private Info, Barnes Says
----------------------------------------------------------------
ANNETTE BARNES, individually and on behalf of all others similarly
situated, Plaintiff v. ORACLE CORPORATION and COX ENTERPRISES,
INC., Defendants, Case No. 1:25-cv-01935 (W.D. Tex., November 26,
2025) is a class action against the Defendant for failure to
properly secure and safeguard Plaintiff's and Class Members'
sensitive personally identifiable information ("PII" or "Private
Information"), from being stolen by cybercriminals in a
foreseeable, preventable data breach ("Data Breach").
The complaint relates that in its ordinary course of business
operations, the Defendants collected the personal identifiable
information ("PII" or "Private Information") of current and former
employees and/or customers which include the names, Social Security
numbers, dates of birth, physical address, employment related
information, financial account numbers, identification documents
such as passports, driver's licenses, national ID numbers,
signatures, and other sensitive information.
In July 2025, Defendant Oracle was hacked in the Data Breach which
compromised the data of its enterprise consumers.
The complaint alleges that cybercriminals were able to breach
Defendants systems because Defendants failed to adequately train
their employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class's PII. The
notorious cybergang, Clop, has already claimed responsibility for
the Data Breach.
The Plaintiff and Class Members have suffered injury as a result of
Defendants conduct. These injuries include: (i) invasion of
privacy; (ii) theft of their Private Information; (iii) lost or
diminished value of Private Information; (iv) uncompensated lost
time associated with attempting to mitigate the actual consequences
of the Data Breach; (v) loss of benefit of the bargain; (vi) lost
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; (vii) actual misuse of the
compromised data consisting of an increase in spam calls, texts,
and/or emails; (viii) nominal damages; and (ix) the continued and
certainly increased risk to their Private Information, which: (a)
remains unencrypted and available for unauthorized third parties to
access and abuse; and (b) remains backed up in Defendants
possession and is subject to further unauthorized disclosures so
long as Defendants fail to undertake appropriate and adequate
measures to protect the Private Information, adds the complaint.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of herself, 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 Defendants
inadequate data security practices.
Plaintiff Annette Barnes is a resident of Miami, Florida.
Defendant Oracle Corporation is a multinational technology and
enterprise software firm based in Austin, Texas.1 Defendant Oracle
provides database software and cloud computing software services to
companies across the United States ("Defendant Oracle's Clients"),
including Defendant Cox.
Defendant Cox Enterprises, Inc. is a global communications and
automotive services company based in Atlanta, Georgia.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: 214-744-3000
Facsimile: 214-744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
W. Mark Lanier, Esq.
THE LANIER LAW FIRM, P.C.
10940 W. Sam Houston Pkwy N. Ste. 100
Houston, TX 77064
Telephone: 713-659-5200
Facsimile: 713-659-2204
E-mail: Mark.Lanier@lanierlawfirm.com
- and -
Evan Janush, Esq.
THE LANIER LAW FIRM, PLLC
535 Madison Ave., 12th Floor
New York, NY 10022
Telephone: 212-421-2800
Facsimile: 212-253-4094
E-mail: Evan.Janush@LanierLawFirm.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: 954-525-4100
Facsimile: 954-525-4300
E-mail: ostrow@kolawyers.com
- and -
Gary Klinger, Esq.
MILBERG, PLLC
227 W. Monroe Street, Ste. 2100
Chicago, IL 60606
Telephone: 858-209-6941
E-mail: gklinger@milberg.com
PALM BEACH TAN: Filing for Class Cert. Bid Due June 5, 2026
-----------------------------------------------------------
In the class action lawsuit captioned as ALEX HUDSON, on behalf of
himself and all others similarly situated, v. PALM BEACH TAN, INC.
and ARCHER MALMO, INC., Case No. 1:23-cv-00486-WO-JEP (M.D.N.C.),
the Hon. Judge Peake Peake entered an order that the deadline for
serving experts reports and disclosures under Rule 26(a)(2)(B) and
(a)(2)(C) is April 8, 2026 for Plaintiff, and May 8, 2026 for
Defendants.
The deadline for Plaintiff to move for class certification is June
5, 2026.
The deadline for completion of discovery is July 17, 2026.
Palm is a chain of indoor tanning facilities.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=19QOR5 at no extra
charge.[CC]
PANDA RESTAURANT: Fenn Sues Over Unpaid Overtime Compensation
-------------------------------------------------------------
Andrew Fenn and Jonnymar Salvador, Individually and on behalf of
all others similarly situated v. PANDA RESTAURANT GROUP, INC., Case
No. 2:25-cv-11157 (C.D. Cal., Nov. 20, 2025), is brought to recover
unpaid overtime compensation, liquidated damages, and attorneys'
fees and costs pursuant to the provisions of the Fair Labor
Standards Act of 1938 ("FLSA").
Although Plaintiffs and the Putative Collective/Class Members have
routinely worked (and continue to work) in excess of 40 hours per
workweek, Plaintiffs and the Putative Collective/Class Members were
not paid overtime of at least one and one-half their regular rates
for all hours worked in excess of 40 hours per workweek. Likewise,
Plaintiffs and the Putative Collective/Class Members worked under
40 hours per workweek on occasion and were not fully compensated at
their regular rate of pay for all hours worked. Panda Express
knowingly and deliberately failed to compensate Plaintiffs and the
Putative Collective/Class Members for all hours worked each
workweek and the proper amount of overtime on a routine and regular
basis, says the complaint.
The Plaintiffs were employed by Panda Express in California.
Panda Express is one of the largest fast casual food chain stores
in the United States, operating thousands of store fronts
throughout the United States.[BN]
The Plaintiff is represented by:
Joshua I. White, Esq.
William M. Hogg, Esq.
LAUREL EMPLOYMENT LAW, APC
808 Wilshire Boulevard, Suite 200
Santa Monica, CA 90401
Phone: (323) 551-9221
Fax: (310) 654-4093
Email: josh@laurelemploymentlaw.com
william@laurelemploymentlaw.com
- and -
Austin W. Anderson, Esq.
William C. ("Clif") Alexander, Esq.
Carter T. Hastings, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd, Suite 610
Corpus Christi, TX 78401
Phone: (361) 452-1279
Fax: (361) 452-1284
Email: austin@a2xlaw.com
clif@a2xlaw.com
carter@a2xlaw.com
PB SOUTH CONSTRUCTION: Ardigo Files FCRA Suit in S.D. Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Linda McMahon, et al.
The case is styled as Robert Ardigo, Robert Fuller, individually
and on behalf of all others similarly situated v. PB South
Construction, LLC, Insperity PEO HR, Inc., Case No.
9:25-cv-81449-EA (S.D. Fla., Nov. 20, 2025).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
PB South -- https://pbsouthconstruction.com/ -- is a seasoned
construction firm delivering high-impact commercial and mixed-use
developments across Florida.[BN]
The Plaintiffs are represented by:
Amanda E. Heystek, Esq.
Luis A. Cabassa, Esq.
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA PA
1110 N. Florida Ave., Suite 640
Tampa, FL 33602
Phone: (813) 379-2560
Fax: (813) 229-8712
Email: aheystek@wfclaw.com
lcabassa@wfclaw.com
bhill@wfclaw.com
PENTAGON FEDERAL: Appeals Court Order in Boczek Suit to 4th Cir.
----------------------------------------------------------------
PENTAGON FEDERAL CREDIT UNION, d/b/a PENFED, is taking an appeal
from a court order in the lawsuit entitled Joseph Boczek,
individually and on behalf of all others similarly situated,
Plaintiff, v. Pentagon Federal Credit Union, d/b/a PENFED,
Defendant, Case No. 1:23-cv-00043-TSK, in the U.S. District Court
for the Northern District of West Virginia.
The Plaintiff brings this suit against the Defendant for violation
of the Fair Credit Reporting Act.
The appellate case is entitled Pentagon Federal Credit Union v.
Joseph Boczek, Case No. 25-219, in the United States Court of
Appeals for the Fourth Circuit, filed on November 17, 2025. [BN]
Plaintiff-Respondent JOSEPH BOCZEK, individually and on behalf of
all others similarly situated, is represented by:
Jason Edward Causey, Esq.
KATZ, KANTOR, STONESTREET & BUCKNER PLLC
206 South Walker Street
Princeton, WV 24740
Telephone: (914) 874-0708
- and -
Denali S. Hedrick, Esq.
BAILEY & GLASSER, LLP
94 Long Street
Westover, WV 26501
Telephone: (304) 940-9809
- and -
James L. Kauffman, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street, NW
Washington, DC 20007
Telephone: (202) 463-2101
- and -
Patricia Mulvoy Kipnis, Esq.
BAILEY & GLASSER LLP
923 Haddonfield Road
Cherry Hill, NJ 08002
Telephone: (304) 345-6555
- and -
Jonathan R. Marshall, Esq.
BAILEY & GLASSER, LLP
209 Capitol Street
Charleston, WV 25301
Telephone: (304) 345-6555
Defendant-Petitioner PENTAGON FEDERAL CREDIT UNION, d/b/a PENFED,
is represented by:
Kinsey Novak Booth, Esq.
Lauren Emily Motes, Esq.
Esha Sharma Simon, Esq.
DINSMORE & SHOHL LLP
215 Don Knotts Boulevard
Morgantown, WV 26501
Telephone: (304) 225-1416
(304) 296-1100
(304) 225-1405
- and -
Michael A. Graziano, Esq.
Sarah Ann James, Esq.
ECKERT SEAMANS CHERIN & MELLOTT, LLC
1717 Pennsylvania Avenue, NW
Washington, DC 20006
Telephone: (202) 659-6671
(202) 659-6609
- and -
Brian James Moore, Esq.
DINSMORE & SHOHL LLP
P.O. Box 11887
Charleston, WV 25339
Telephone: (304) 357-9905
PILLSBURY WINTHROP: Fails to Protect Personal Info, Reyes Says
--------------------------------------------------------------
FREDERICO REYES, individually, and on behalf of all others
similarly situated, Plaintiff v. PILLSBURY WINTHROP SHAW PITMAN
LLP, Defendant, Case No. 1:25-cv-09647-AT (S.D.N.Y., November 19,
2025) is a class action against the Defendant for its failure to
properly secure and safeguard Representative Plaintiff's and/or
Class Members' personally identifiable information stored within
Defendant's information network.
With this action, the Representative Plaintiff seeks to hold
Defendant responsible for the harms it caused and will continue to
cause Representative Plaintiff and thousands of other similarly
situated persons in the massive and preventable cyberattack
purportedly discovered by Defendant in April 2025, by which
cybercriminals infiltrated Defendant's inadequately protected
network and accessed the private information which was being kept
there, says the suit.
According to the complaint, the Defendant disregarded the rights of
Representative Plaintiff and Class Members by intentionally,
willfully, recklessly and/or negligently failing to take and
implement adequate and reasonable measures to ensure that
Representative Plaintiff's and Class Members' private information
was safeguarded, failing to take available steps to prevent an
unauthorized disclosure of data, and failing to follow applicable,
required and appropriate protocols, policies and procedures
regarding the encryption of data, even for internal use.
Pillsbury Winthrop Shaw Pitman is a for-profit enterprise with a
principal place of business located in New York, New York.
Pillsbury Winthrop is a law firm that operates across the Americas,
Europe, Asia, Africa and the Middle East.[BN]
The Plaintiff is represented by:
Avi Mermelstein, Esq.
ARENSON, DITTMAR & KARBAN
420 Lexington Avenue, Suite 1402
New York, NY 10170
Telephone: (212) 490-3600
Facsimile: (212) 986-1952
E-mail: avi@adklawfirm.com
- and -
Scott Edward Cole, Esq.
Laura Van Note Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607
Telephone: (510) 891-9800
E-mail: sec@colevannote.com
lvn@colevannote.com
PLANNED PARENTHOOD: Filing for Class Cert Bid Due Dec. 23
---------------------------------------------------------
In the class action lawsuit captioned as Gibson v. Planned
Parenthood Federation of America, Inc., Case No. 3:23-cv-04529
(N.D. Cal., Filed Sept. 1, 2023), the Hon. Judge James Donato
entered an order that for sealing requests related to the motion
for class certification, the parties may file by December 23, 2025,
combined motions to seal as contemplated by paragraph 31 of the
Standing Order for Civil Cases.
To the extent responses are necessary, they may be filed by Dec.
30, 2025.
The nature of suit states Diversity-(Citizenship).
The Defendant is a nonprofit organization that provides sexual
health care in the United States and globally.[CC]
POST UNIVERSITY: Class Cert Bid Filing in Wright Due July 24, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as ANAMELIA WRIGHT,
individually and on behalf of all others similarly situated, v.
POST UNIVERSITY, Case No. 3:25-cv-01555-SVN (D. Conn.), the Hon.
Judge Nagala entered a scheduling order:
Any motion to amend the complaint or join parties must be filed by
Plaintiff no later than Jan. 16, 2026.
Any motion to amend the answer or join parties must be filed by
Defendant no later than Feb. 17, 2026.
Initial disclosures pursuant to Rule 26(a)(1) must be exchanged by
Dec. 9, 2025.
All discovery will be completed (not propounded) by July 17, 2026.
Any motion for class certification must be filed no later than July
24, 2026.
A joint status report of the parties shall be filed on or before
April 17, 2026.
The Defendant offers over 25 undergraduate and graduate programs in
day, evening, and online courses.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=FfvBIW at no extra
charge.[CC]
PROCTER & GAMBLE: Sanchez Balks at Tampon Product's Lead Content
----------------------------------------------------------------
CIJI SANCHEZ, WENDY RODRIGUEZ, OLGA OTKINA, LAREINA GREEN, AMANDA
MURRAY, STEPHANIE MAYA, KATHERINE VESCOVO, DENA HABBOUSH, and
CARMUSE MITCHEM, individually and on behalf of all others similarly
situated, Plaintiffs v. THE PROCTER & GAMBLE COMPANY, Defendant,
Case No. 1:25-cv-00852-DRC (S.D. Ohio, November 19, 2025) seeks to
remedy Defendant's deceptive and misleading business practices
regarding the false, misleading, and deceptive marketing and sale
of Defendant's Tampax tampon products throughout the United
States.
According to the complaint, the Defendant improperly, deceptively,
and misleadingly labeled and marketed their Products to reasonable
consumers, like Plaintiffs, by omitting and not disclosing to
consumers on their packaging that the Products are contaminated
with or at the risk of being contaminated with unsafe levels of
lead, which is a powerful neurotoxin that is known to cause, inter
alia, cognitive deficits, mental illness, dementia, and
hypertension.
The lead contained in the Products is particularly concerning to
consumers because the Products are intended to come in direct
contact with the vaginal walls and the cervix, which is the lower
part of the uterus that sits at the top of the vagina. As a result,
the lead in the products can directly enter the bloodstream.
The Plaintiffs and Class members have suffered injury by purchasing
the Products that they would not have purchased if they knew that
the Products contained lead or were at risk of containing lead,
alleges the suit.
The Procter & Gamble Company is an American multinational consumer
goods corporation headquartered in Cincinnati, Ohio, and
incorporated in Ohio.[BN]
The Plaintiffs are represented by:
Joseph C. Kohn, Esq.
Aarthi Manohar, Esq.
KOHN, SWIFT & GRAF, P.C.
1600 Market Street, Suite 2500
Philadelphia, PA 19103
Telephone: (215) 238-1700
E-mail: jkohn@kohnswift.com
amanohar@kohnswift.com
- and -
Daniel C. Levin, Esq.
Charles E. Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: dlevin@lfsblaw.com
cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Frank A. Bartela, Esq.
Nicole T. Fiorelli, Esq.
Patrick J. Brickman, Esq.
DWORKEN & BERNSTEIN CO., LPA
1468 W. 9th Street, Suite 135
Cleveland, OH 44113
Telephone: (866) 985-3323
E-mail: fbartela@dworkenlaw.com
nfiorelli@dworkenlaw.com
pbrickman@dworkenlaw.com
- and -
D. Aaron Rihn, Esq.
Sara Watkins, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
707 Grant Street, Suite 125
Pittsburgh, PA 15219
Telephone: (844) 383-0565
E-mail: arihn@peircelaw.com
swatkins@peircelaw.com
PROVIDENCE HOMEOWNERS: Seeks More Time to File Class Cert Reply
---------------------------------------------------------------
In the class action lawsuit captioned as DEWANNA JOHNSON. SHEILA
NATHAN, ALONZO TUTSON; EVORA SYKES, CHANELL HOBBS, REVISHA SILAS,
EVETTE TOWNSEND, v. PROVIDENCE HOMEOWNERS ASSOCIATION, FIRSTSERVICE
RESIDENTIAL TEXAS, INC., Case No. 4:25-cv-00418-ALM (E.D. Tex.),
the Defendants ask the Court to enter an order granting their
unopposed joint motion for extension of time to file their
sur-reply to the Plaintiffs' motion for class certification.
The Defendant Providence Homeowners Association, Inc. request that
this Court grant is Unopposed Motion for an Extension of its Reply
deadline and enter an Order extending its deadline to reply to Dec.
5, 2025.
The Defendants current deadline to file its Reply is Friday,
November 28, 2025.
Providence governs over 2,250 homes in the town of Providence
Village, a suburb about an hour north of Dallas.
A copy of the Defendants' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=I7u9Y0 at no extra
charge.[CC]
The Defendants are represented by:
Sarah R. Smith, Esq.
David A. Talbot, Esq.
DINSMORE & SHOHL LLP
JPMorgan Chase Tower
600 Travis St., Suite 7350
Houston, TX 77002
Telephone: (346) 293-7878
Facsimile: (346) 293-7877
E-mail: Sarah.Smith@dinsmore.com
David.Talbot@dinsmore.com
- and -
Roger L. McCleary, Esq.
James C. Burnett, Esq.
Max Wagner, Esq.
PARSONS MCENTIRE MCCLEARY PLLC
One Riverway, Suite 1800
Houston, TX 77056
Telephone: (713) 960-7315
Facsimile: (713) 960-7347
E-mail: rmccleary@pmmlaw.com
jburnett@pmmlaw.com
Mwagner@pmmlaw.com
R&S TOWER: Wors Seeks to Conditionally Certify Employee Collective
------------------------------------------------------------------
In the class action lawsuit captioned as JAMES WORS, Individually
and on behalf of all others similarly situated, v. R&S TOWER
SERVICES, INC., Case No. 4:25-cv-00750-CMS (E.D. Mo.), the
Plaintiff asks the Court to enter an order as follows:
(1) Conditionally certifying a collective of
"All hourly employees who worked for R&S Tower Services,
Inc., at any time during the last three years until final
resolution of this matter" pursuant to the Fair Labor
Standards Act ("FLSA");
(2) Approving the form of the Plaintiff's proposed Notice;
(3) Setting a 60-day notice period;
(4) Authorizing the Plaintiff's counsel to mail, e-mail, and
text-message the Notice at the beginning of the 60-day
notice period;
(5) authorizing Plaintiffs' counsel to send a reminder Notice
30 days prior to the notice deadline;
R&S is a wireless infrastructure company.
A copy of the Plaintiff's motion dated Nov. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Gp3CNd at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony M. Pezzani, Esq.
ENGELMEYER & PEZZANI, LLC
13321 N. Outer Forty Road, Suite 300
Chesterfield, MO 63017
Telephone: (636) 532-9933
Facsimile: (314) 448-4320
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
Carter T. Hastings, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
R.T. FARM: Mondragon Appeals Suit Dismissal to 9th Circuit
----------------------------------------------------------
CLAUDIA GONZALEZ MONDRAGON, et al. are taking an appeal from a
court order granting Defendant T&C Vineyards' motion to dismiss in
the lawsuit entitled Claudia Gonzalez Mondragon, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. R.T. Farm Labor, Inc., et al., Defendants, Case No.
1:22-cv-01259-JLT-BAM, in the U.S. District Court for the Eastern
District of California.
The Plaintiffs, on behalf of themselves and those similarly
situated, filed this suit against the Defendants for violations of
California wage and hour laws and the federal Migrant and Seasonal
Agricultural Worker Protection Act.
On June 24, 2025, Defendant T&C Vineyards filed a motion to
dismiss.
On Aug. 14, 2025, Magistrate Judge Barbara A. McAuliffe issued
findings and recommendations recommending the motion to dismiss be
granted and T&C Vineyards be dismissed from this action with
prejudice.
On Oct. 27, 2025, Judge Jennifer L. Thurston entered an Order
adopting Judge McAuliffe's findings and recommendations and
dismissing T&C Vineyards from this action with prejudice. Having
carefully reviewed the entire file, including the Plaintiffs'
objections, the Court finds that the findings and recommendations
are supported by the record and proper analysis.
The appellate case is entitled Gonzalez Mondragon, et al. v. T & C
Vineyards, et al., Case No. 25-7167, in the United States Court of
Appeals for the Ninth Circuit, filed on November 13, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 18,
2025;
-- Appellant's Appeal Transcript Order was due on November 26,
2025;
-- Appellant's Appeal Transcript is due on December 26, 2025;
-- Appellant's Opening Brief is due on February 4, 2026; and
-- Appellee's Answering Brief is due on March 6, 2026. [BN]
Plaintiffs-Appellants CLAUDIA GONZALEZ MONDRAGON, et al.,
individually and on behalf of all others similarly situated, are
represented by:
Cody Alexander Bolce, Esq.
Hector Martinez, Esq.
Stan S. Mallison, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612
SELECT MEDICAL: Fails to Protect Personal Info, Campbell Says
-------------------------------------------------------------
RUDOLPH CAMPBELL, individually and on behalf of all others
similarly situated, Plaintiff v. SELECT MEDICAL CORPORATION d/b/a
SELECT PHYSICAL THERAPY, Defendant, Case No. 2:25-cv-11408 (C.D.
Cal., November 26, 2025) is a class action seeking legal and
equitable remedies for Defendant's illegal actions in violation of
the Electronic Communications Privacy Act, the California Invasion
of Privacy Act, and the California Constitution.
The complaint relates that on February 2025, Plaintiff booked an
appointment for physical therapy at Defendant's Los Angeles-Park
Terrace location using Defendant's Website,
www.selectphysicaltherapy.com. The Plaintiff attended his scheduled
appointment and received treatment for the services he sought.
Unbeknownst to Plaintiff, the Defendant intercepted and/or assisted
Google with intercepting his communications, including those that
contained personally identifiable information ("PII"), protected
health information ("PHI"), and related confidential information.
The Defendant disclosed this confidential and protected medical
information without Plaintiff's knowledge, consent, or express
written authorization. As a consequence of these interceptions, the
Plaintiff has received advertisements marketing various related
medical procedures, specifically targeted at Plaintiff. The
Plaintiff did not know, and had no way of knowing, the reasons he
was receiving such advertisements. Accordingly, the Defendant
breached its duty of confidentiality by unlawfully disclosing
Plaintiff's PII and PHI third parties, including Google, LLC, adds
the complaint.
Plaintiff Rudolph Campbell is an adult patient domiciled in Los
Angeles, California.
Defendant Select Medical Corporation is "part of the largest
physical therapy network in the U.S. " [w]ith almost 2,000
outpatient physical therapy centers and 7,000-plus licensed
therapists." It owns and operates the Website, which patients use
to book appointments for various types of physical therapy
including, but not limited to, hand therapy, joint health,
occupational therapy, sports medicine, pediatric therapy and pelvic
therapy.[BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 2100
Miami, FL 33131
Telephone: (305) 330-5512
E-mail: swestcot@bursor.com
SHIPWRIGHT SPAC: Richards Appeals Suit Dismissal to Del. Sup. Ct.
-----------------------------------------------------------------
SHEADRICK RICHARDS is taking an appeal from a court order
dismissing the lawsuit entitled Sheadrick Richards, individually
and on behalf of all others similarly situated, Plaintiff, v.
Shipwright SPAC I, LLC, et al., Defendants, Case No. 2024-0320-NAC,
in the Court of Chancery of the State of Delaware, in and for New
Castle County.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for breaching their fiduciary duties
stemming from Collective Growth's merger with Innoviz.
On November 19, 2025, the Court entered an Order granting the
Defendants' motion to dismiss the complaint.
The appellate case is captioned Sheadrick Richards v. Shipwright
SPAC I, LLC, et al., Case No. 472,2025, in the Supreme Court of the
State of Delaware, filed on November 19, 2025. [BN]
Plaintiff-Appellant SHEADRICK RICHARDS, individually and on behalf
of all others similarly situated, is represented by:
Michael J. Barry, Esq.
Christine M. Mackintosh, Esq.
Kelly L. Tucker, Esq.
GRANT & EISENHOFER PA
123 Justison St., 7th Floor
Wilmington, DE 19801
Telephone: (302) 622-7000
Facsimile: (302) 622-7100
Email: mbarry@gelaw.om
cmackintosh@gelaw.com
ktucker@gelaw.com
Defendants-Appellees SHIPWRIGHT SPAC I, LLC, et al. are represented
by:
Raymond J. DiCamillo, Esq.
Kevin M. Gallagher, Esq.
Sandy Xu, Esq.
RICHARDS, LAYTON & FINGER, PA
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
SHOTS NO CHASER: Espinal Sues Over Blind-Inaccessible Online Store
------------------------------------------------------------------
FRANGIE ESPINAL, on behalf of herself and all others similarly
situated, Plaintiff v. SHOTS NO CHASER LLC, Defendant, Case No.
1:25-cv-09463 (S.D.N.Y., November 13, 2025) is a class action
against the Defendant for violation of Title III of the Americans
with Disabilities Act, New York State Human Rights Law, New York
City Human Rights Law, and New York State General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.drinkbounceback.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: lack of alternative text (alt-text) or a text
equivalent, empty links that contain no text, redundant links, and
linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Shots No Chaser LLC is a company that sells online goods and
services, doing business in New York. [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
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
SITUSAMC HOLDINGS: Fails to Safeguard Personal Info, Dunham Says
----------------------------------------------------------------
DEIDRE DUNHAM, on behalf of herself and a class of similarly
situated persons, Plaintiff, v. SITUSAMC HOLDINGS CORPORATION,
Defendant, Case No. 1:25-cv-09898 (S.D.N.Y., November 26, 2025) is
a class action seeking monetary damages, restitution, and/or
injunctive relief for the Plaintiff and the proposed Class.
The complaint alleges that the Plaintiff provided confidential and
sensitive personally identifiable information ("PII" or "Private
Information"), including names, addresses, zip codes, phone
numbers, email addresses, dates of birth, and Social Security
numbers, to the Defendant in connection with the Defendant's
provision of services. By obtaining, collecting, using, and
deriving a benefit from the Private Information of the Plaintiff
and Class Members, the Defendant assumed legal and equitable duties
to protect and safeguard that information from unauthorized access
and intrusion.
On November 12, 2025, the Defendant learned that it had been the
subject of a cyberattack. On November 22, 2025, Defendant issued an
official statement stating it had determined that certain
information from its systems had been compromised, including
accounting records and legal agreements. On November 23, 2025, the
New York Times reported that the FBI is in contact with the groups
linked to the cyberattack.
In breaching its duties to properly safeguard Plaintiff's and Class
Members' Private Information and give them timely, adequate notice
of the Data Breach's occurrence, the Defendant's conduct amounts to
negligence and/or recklessness and violates federal and state
statutes, says the suit.
The Plaintiff brings the action on behalf of all persons whose
Private Information was compromised as a result of Defendant's
failure to: (i) adequately protect the Private Information of
Plaintiff and Class Members; (ii) warn Plaintiff and Class Members
of Defendant's inadequate information security practices; and (iii)
effectively secure hardware containing protected Private
Information using reasonable and effective security procedures free
of vulnerabilities and incidents.
Plaintiff Deidre Dunham is a citizen of, and is domiciled in, the
state of Texas.
Defendant SitusAMC Holdings Corporation is a real estate financial
services provider. It is a leading provider of technology, services
and advisory solutions for the real estate finance industry. Its
clients include major U.S. banks and mortgage lenders such as
JPMorgan Chase, Citigroup and Morgan Stanley.[BN]
The Plaintiff is represented by:
Thomas E. Loeser, Esq.
Andrew J. Fuller, Esq.
COTCHETT, PITRE & MCCARTHY LLP
1809 7th Avenue, Suite 1610
Seattle, WA 98101
Telephone: (206) 802-1272
Facsimile: (206) 299-4184
E-mail: tloeser@cpmlegal.com
afuller@cpmlegal.com
- and -
Mark K. Svensson, Esq.
MILBERG, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (202) 975-0468
E-mail: msvensson@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG, PLLC
227 W. Monroe Street
Suite 2100
Chicago, IL 60606
E-mail: gklinger@milberg.com
SKYWEST AIRLINES: Faces Penn Wage-and-Hour Suit in E.D. Calif.
--------------------------------------------------------------
LEE PENN, individually and on behalf of all others similarly
situated, Plaintiff v. SKYWEST AIRLINES, INC., a Utah corporation;
and DOES 1 to 100, inclusive, Defendants, Case No.
1:25-cv-01599-HBK (E.D. Cal., November 19, 2025) arises from the
Defendants' alleged unlawful labor practices in violation of the
California Labor Code and the California Business and Professions
Code.
The complaint is brought over Defendants' (1) failure to pay
Plaintiff and his fellow employees in California for all hours
worked; (2) failure to provide Plaintiff and his fellow employees
paid rest breaks and pay rest break premiums; (3) failure to
provide Plaintiff and his fellow employees meal periods and pay
missed meal period premiums; (4) failure to pay all wages owed in a
timely manner; (5) failure to provide complete wage statements to
Plaintiff and his fellow employees within the four years prior to
the filing of this Complaint; (6) failure to pay all wages due to
former employees based on the foregoing; (7) failure to pay
overtime wages to Plaintiff and his fellow employees; (8) failure
to reimburse Plaintiff and his fellow employees for business
expenses; and (9) unfair business practices based on the
foregoing.
The Plaintiff was employed by the Defendants as a ramp agent from
April 2019 to December 10, 2024.
SkyWest Airlines, Inc. is a regional airline based in St. George,
Utah.[BN]
The Plaintiff is represented by:
Mark D. Potter, Esq.
James M. Treglio, Esq.
Jason Kyle Masanque, Esq.
POTTER HANDY LLP
100 Pine St., Suite 1250
San Francisco, CA 94111
Telephone: (415) 534-1911
Facsimile: (888) 422-5191
E-mail: mark@potterhandy.com
jimt@potterhandy.com
jasonm@potterhandy.com
SOLSTICE BENEFITS: Seeks to Stay Class Cert Briefing in Lyngaas
---------------------------------------------------------------
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. and JOHN DOES 1-5,
Case No. 2:22-cv-10830-LVP-CI (E.D. Mich.), the Defendants ask the
Court to enter an order granting their time-sensitive motion to
stay briefing on the Plaintiff's renewed motion for class
certification pending resolution of the Defendant's time-sensitive
motion to strike.
In the alternative, in the event the Court denies the request to
stay briefing on the renewed motion until the Court decides the
motion to strike, Solstice requests an extension of time to respond
to the renewed motion until 21 days in the event of the Court's
denial of this request to stay briefing.
Solstice offers dental and vision plans for individuals and
families.
A copy of the Defendants' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QGNoIx at no extra
charge.[CC]
The Defendants are represented by:
Roy Taub, Esq.
Jeffrey A. Backman, Esq.
GREENSPOON MARDER LLP
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, FL 33301
Telephone: (954) 491-1120
Facsimile: (954) 343-6958
E-mail: jeffrey.backman@gmlaw.com
rene.vasquez@gmlaw.com
roy.taub@gmlaw.com
cheryl.cochran@gmlaw.com
- and -
Kristen E. Guinn, Esq.
SMITH HAUGHEY RICE & ROEGGE, PC
100 Monroe Center NW
Grand Rapids, MI 49503
Telephone: (616) 458-6245
Facsimile: (616) 774-2461
E-mail: kguinn@shrr.com
SOLSTICE BENEFITS: Seeks to Strike Renewed Bid for Class Cert.
--------------------------------------------------------------
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. and JOHN DOES 1-5,
Case No. 2:22-cv-10830-LVP-CI (E.D. Mich.), the Defendants ask the
Court to enter an order granting their time-sensitive motion to
strike the Plaintiff's renewed motion for class certification.
Solstice offers dental and vision plans for individuals and
families.
A copy of the Defendants' motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=s2NfpL at no extra
charge.[CC]
The Defendants are represented by:
Roy Taub, Esq.
Jeffrey A. Backman, Esq.
GREENSPOON MARDER LLP
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, FL 33301
Telephone: (954) 491-1120
Facsimile: (954) 343-6958
E-mail: jeffrey.backman@gmlaw.com
rene.vasquez@gmlaw.com
roy.taub@gmlaw.com
cheryl.cochran@gmlaw.com
- and -
Kristen E. Guinn, Esq.
SMITH HAUGHEY RICE & ROEGGE, PC
100 Monroe Center NW
Grand Rapids, MI 49503
Telephone: (616) 458-6245
Facsimile: (616) 774-2461
E-mail: kguinn@shrr.com
SSA HOLDINGS: Ando Sues Over Failure to Protect Sensitive data
--------------------------------------------------------------
Thomas Ando, on behalf of himself and all others similarly situated
v. SSA HOLDINGS, LLC d/b/a SSA GROUP, Case No. 1:25-cv-03762 (D.
Colo., Nov. 20, 2025), is brought arising from Defendant's failure
to protect highly sensitive data.
As such, Defendant stores a litany of highly sensitive personal
identifiable information ("PII") about its current and former
employees. But such PII was inadequately protected and thus exposed
to cybercriminals in a data breach (the "Data Breach").
It is unknown for precisely how long the cybercriminals had access
to Defendant's network before the breach was discovered. In other
words, Defendant had no effective means to prevent, detect, stop,
or mitigate breaches of its systems—thereby allowing
cybercriminals unrestricted access to its current and former
employees' PII.
Cybercriminals were able to breach Defendant's systems because
Defendant failed to adequately train their employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class's PII. In short, Defendant's
failures placed the Class's PII in a vulnerable
position—rendering them easy targets for cybercriminals, says the
complaint.
The Plaintiff is a Data Breach victim.
SSA Group is a hospitality and revenue flow consulting company
serving zoos, museums, aquariums, and other cultural attractions to
provide consulting services for their food service, retail, and
admissions operations, based in Denver, Colorado.[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
STRAUSS & BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: raina@straussborrelli.com
SSA HOLDINGS: Fails to Prevent Data Breach, Gomez Alleges
---------------------------------------------------------
ANDRES GOMEZ, individually and on behalf of all others similarly
situated, Plaintiff v. SSA HOLDINGS, LLC, Defendant, Case No.
1:25-cv-03740-SBP (D. Col., Nov. 19, 2025) is a class action
lawsuit on behalf of all persons who entrusted Defendant with
sensitive Personally Identifiable Information ("PII") including
names and Social Security numbers (collectively "Private
Information") that was impacted in a data breach that the Defendant
experienced on September 15, 2025 (the "Data Breach" or the
"Breach").
According to the Plaintiff in the complaint, the Defendant owed the
Plaintiff and Class Members a duty to take all reasonable and
necessary measures to keep the Private Information it collected
safe and secure from unauthorized access. Defendant solicited,
collected, used, and derived a benefit from the Private
Information, yet breached its duty by failing to implement or
maintain adequate security practices.
Despite having the financial wherewithal and personnel necessary to
prevent the Data Breach, nevertheless failed to use reasonable
security procedures and practice appropriate to the nature of the
sensitive, unencrypted information it maintained for Plaintiff and
Class Members, causing the exposure of Plaintiff's and Class
Members' Private Information, says the suit.
SSA Holdings, LLC provides integrated food, retail and ticketing
solutions to cultural attractions across the nation. [BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
Shamis & Gentile, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 475-2299
Email: ashamis@shamisgentile.com
STEVEN BOWMAN: Loses Bid to Stay Prelim Injunction in "Monroe"
--------------------------------------------------------------
In the case captioned as Janiah Monroe, Marilyn Melendez, Lydia
Helena Vision, Sora Kuykendall, and Sasha Reed, individually and on
behalf of a class of similarly situated individuals, Plaintiffs, v.
Steven Bowman, Melvin Hinton, and Latoya Hughes, Defendants, Case
No. 3:18-CV-00156-NJR (S.D. Ill.), Chief Judge Nancy J.
Rosenstengel of the United States District Court for the Southern
District of Illinois denied the Defendants' motion to stay the
preliminary injunction issued on September 12, 2025, pending their
appeal.
The Court certified the class on March 4, 2020, defining it as all
prisoners in the custody of the Illinois Department of Corrections
(IDOC) who have requested evaluation or treatment for gender
dysphoria. The named Plaintiffs are transgender inmates currently
incarcerated in IDOC facilities. The named Defendants are,
respectively, the IDOC Medical Director, IDOC Chief of Mental
Health, and the IDOC Director, all sued in their official
capacities.
The Plaintiffs asserted that the Defendants' policies and practices
subject the class to a substantial risk of serious harm and injury
from inadequate and delayed evaluation and treatment of gender
dysphoria, in violation of their rights under the Eighth Amendment.
They sought injunctive relief to remedy the flaws in IDOC's
treatment of transgender inmates. The alleged problems include the
IDOC's:
a. use of committees comprised of unqualified officials to make
decisions regarding the medical treatment, security, and placement
of transgender inmates;
b. widespread delays or denials in evaluating prisoners for gender
dysphoria and in providing hormone therapy and hormone monitoring;
c. failure to consider or provide gender-affirming surgery as part
of medically necessary treatment for gender dysphoria;
d. failure to accommodate and facilitate social transition for
individuals with gender dysphoria, including lack of access to
gender-affirming clothing and grooming items, failing to make
individualized housing placement decisions, and permitting
cross-gender strip searches; and
e. failing to provide access to medical and mental health providers
competent to treat gender dysphoria.
The Court first granted preliminary injunctive relief following a
two-day evidentiary hearing in August 2019. After a four-day bench
trial in August 2021, the Court continued the provisions of the
2019 preliminary injunction and set timelines related to hormone
therapy and consideration of class members' requests to transfer to
a facility matching their expressed gender. The Court issued its
full findings of fact and conclusions of law, along with additional
injunctive measures, on February 7, 2022.
In May 2023, Defendants moved to vacate the orders for injunctive
relief. The Court denied Defendants’ motion in November 2023;
they appealed.
On December 5, 2024, the Seventh Circuit Court of Appeals vacated
the February 2022 injunction, concluding it had expired 90 days
after its issuance, pursuant to the Prison Litigation Reform Act
(PLRA) of 1996. The Court held an evidentiary hearing on the
Plaintiffs' renewed motion from May 27-30, 2025, and heard
testimony from 13 witnesses.
On September 12, 2025, the Court issued its decision granting the
Plaintiffs' motion and ordered several remedial measures. The
Defendants were directed to transfer every class member residing at
Menard Correctional Center (Menard) to another facility by October
15, 2025. The Court cautioned the Defendants not to transfer any
class member to Pinckneyville Correctional Facility. The Defendants
were to consider each class member's specific gender dysphoria
condition, their gender identity, related safety issues, and
whether a transfer to a facility matching their gender identity
would be appropriate in assessing where each class member would be
transferred. The Court barred the Defendants from placing any class
member at Menard going forward. If a class member is not moved to
Logan Correctional Center or another facility matching their gender
identity, they must be permitted to submit a request to transfer to
such facilities within 60 days of the initial transfer. The
Defendants were to provide the Court and class counsel monthly
reports on the status of class members housed at Menard and the
timing and result of any transfer decisions.
The Defendants filed an interlocutory appeal of that decision on
October 10, 2025, and moved to stay portions of the order. They
asked the Court to stay the portions of the September 2025
injunction requiring the transfer of class members from Menard
identified after that date, providing class members relocated from
Menard a right to request a transfer if they are not placed at
Logan or another facility matching their gender identity, and
requiring them to report monthly on the status of transfer
decisions.
The Court applied the four-factor test from Nken v. Holder, 556
U.S. 418, 434 (2009), considering: (1) whether the stay applicant
has made a strong showing that they are likely to succeed on the
merits; (2) whether the applicant will be irreparably injured
absent a stay; (3) whether issuance of the stay will substantially
injure the other parties interested in the proceeding; and (4)
where the public interest lies.
The Court concluded that the Defendants failed to demonstrate a
strong likelihood of success on the merits. The Court explained
that it already had considered and rejected many of the Defendants'
primary arguments. The Seventh Circuit has explained that where a
party seeks a stay pending appeal and their arguments have already
been evaluated on the success scale, the applicant must make a
stronger threshold showing of likelihood of success to meet his
burden.
The Court rejected the Defendants' contention that the Order failed
to address specifically the alleged constitutional defects. The
Court emphasized that the Defendants have been well informed of the
relevant standards for medical and mental health care for
individuals with gender dysphoria. The Court also found that the
measures it selected are well within the bounds of the PLRA and are
tailored to leave substantial discretion with IDOC's leaders.
The Court concluded that the Defendants would not be irreparably
harmed absent a stay, as the burdens of litigation ordinarily do
not constitute irreparable harm. By contrast, the Plaintiffs would
be irreparably harmed by a stay of the injunction. The Court found
the status quo at Menard incongruent with the Eighth Amendment
rights of class members.
The Court held that the public interest favors enforcing
constitutional rights. The Seventh Circuit has held squarely that
enforcing a constitutional right is in the public interest.
The Court noted that the preliminary injunction will expire on
December 11, 2025, and the appeal may shortly be moot. A bench
trial is scheduled for July, and an evidentiary hearing in support
of the Plaintiffs' request to reissue the preliminary injunction is
scheduled in two weeks.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=Dag9N9 from PacerMonitor.com
STRONGHOLD CONTRACTING: Toole Seeks to Recover Laborers' Unpaid OT
------------------------------------------------------------------
CHELSY TOOLE, Plaintiff v. STRONGHOLD CONTRACTING GROUP LLC;
BRANDON MULLINAX; JOHN PUCKETT; and LOGAN HALE, Defendants, Case
No. 2:25-cv-00917 (M.D. Ala., November 19, 2025) is a class action
against the Defendants to obtain relief under the Federal Fair
Labor Standards Act for Plaintiff's unpaid compensation, liquidated
damages, costs, attorneys' fees, and such other relief the Court
deems appropriate.
According to the complaint, the Defendant intentionally, willfully,
and repeatedly engaged in a pattern, practice, and policy of
violating the FLSA as they willfully misclassified Plaintiff and
the FLSA Collective as independent contractors, and willfully
failed to pay Plaintiff and the FLSA collective overtime for hours
that they worked in excess of 40 hours per workweek.
The Plaintiff was employed as a foreman or laborer for the
Defendant.
Stronghold Contracting Group LLC is a full-service home remodeling
contractor.[BN]
The Plaintiff is represented by:
D. Jeremy Schatz, Esq.
Jon-Kaden Mullen, Esq.
VIRTUS LAW GROUP
2017 Morris Avenue, Suite 100
Birmingham, AL 35203
E=mail: js@vlgal.com
jm@vlgal.com
SUNSHINE VENTURE: Hoven Files Suit in Fla. Cir. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Sunshine Venture
Group, LLC. The case is styled as Amira Hoven, individually and on
behalf of all others similarly situated v. Sunshine Venture Group,
LLC, Case No. CACE25017849 (Fla. Cir. Ct., Broward Cty., Nov. 20,
2025).
Sunshine Venture Group is a Real Estate Investment Company that
prides itself on Integrity, Efficiency, & Excellent Service.[BN]
The Plaintiff is represented by:
Mitchell D. Hansen, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: 813-340-8838
Email: mitchell@jibraellaw.com
SUNTRUST BANK: Files Writ of Certiorari Petition to Supreme Court
-----------------------------------------------------------------
SUNTRUST BANK filed on November 18, 2025, a petition for a writ of
certiorari with the U.S. Supreme Court, under Case No. 25-585,
seeking a review of a ruling of the Court of Appeals of Georgia
dated February 20, 2025, in the case captioned Charles Daniel
Bickerstaff, as Administrator of the Estate of Jeff Bickerstaff,
Jr., on behalf of himself and all others similarly situated, vs.
SunTrust Bank, Case Nos. 24-1700, 24-1701, and 24-1702.
Defendant-Petitioner SUNTRUST BANK is represented by:
Lisa S. Blatt, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Avenue SW
Washington, DC 20024
Telephone: (202) 434-5050
Email: lblatt@wc.com
TEAM DISCOVERY: Class Cert Bid Filing Extended to March 17, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as Jackson v. Team Discovery
LLC et al., Case No. 2:24-cv-00399 (E.D. Wisc., Filed April 2,
2024), the Hon. Judge Brett H. Ludwig entered an order granting
Joint Motion To Amend Scheduling Order as follows:
-- The deadline to file class certification motion is extended to
March 17, 2026
-- The deadline to complete fact discovery is extended to June
15, 2026.
-- The deadline to file summary judgment motions is extended to
Aug. 4, 2026.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Team Discovery is a senior living provider.[CC]
TODD SNYDER: Faces Stevens Suit Over Unlawful Labor Practices
-------------------------------------------------------------
CHRISTIAN STEVENS, WOODROW MORTON, NATHAN J. LOPEZ, individually,
and on behalf of all others similarly situated, Plaintiffs v. TODD
SNYDER, INC.; AMERICAN EAGLE OUTFITTERS, INC.; TAILGATE CLOTHING
COMPANY; AE CORPORATE SERVICES CO. and DOES 1 through 10,
inclusive, Defendants, Case No. 25STCV33907 (Cal. Super., November
19, 2025) arises from the Defendants' violations of the California
Labor Code and the California Business and Professions Code.
The complaint stems from the Defendants' failure to pay minimum
wages, failure to pay overtime wages, failure to provide meal
periods, failure to authorize and permit rest periods, failure to
maintain accurate records of hours worked and meal periods, failure
to timely pay all wages to terminated employees, failure to
indemnify necessary business expenses, and failure to furnish
accurate wage statements.
The Plaintiffs were employed by the Defendants as non-exempt
employees.
Todd Snyder, Inc. manufactures and retails apparels. The Company
offers track jackets, hoodies, jerseys, sweat shirts, and other
accessories.[BN]
The Plaintiffs are represented by:
Kane Moon, Esq.
Allen Feghali, Esq.
Edwin Kamarzarian, Esq.
MOON LAW GROUP, PC
725 S. Figueroa St., 31st Floor
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kmoon@moonlawgroup.com
afeghali@moonlawgroup.com
ekamarzarian@moonlawgroup.com
TRANSUNION LLC: Kaplan Seeks to File Class Cert Docs Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as LESLEY KAPLAN, on behalf
of herself and all others similarly situated, v. TRANSUNION LLC,
Case No. 2:24-cv-02438-WB (E.D. Pa.), the Plaintiff asks the Court
to enter an order granting motion to file materials under seal in
connection with her reply memorandum in support of her motion for
class certification.
TransUnion is a global information and insights company.
A copy of the Plaintiff's motion dated Nov. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MVByI2 at no extra
charge.[CC]
The Plaintiff is represented by:
John Soumilas, Esq.
James A. Francis, Esq.
Lauren KW Brennan, Esq.
Maria del Pilar Castillo, Esq.
Erika A. Heath, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jsoumilas@consumerlawfirm.com
jfrancis@consumerlawfirm.com
lbrennan@consumerlawfirm.com
pcastillo@consumerlawfirm.com
eheath@consumerlawfirm.com
UNITED HEALTHCARE: Thomas-Cole Sues Over Unpaid Wages
-----------------------------------------------------
Aaliyah Thomas-Cole, individually, and on behalf of all others
similarly situated v. UNITED HEALTHCARE SERVICES, INC.; and DOES 1
through 50, inclusive, Case No. 25CV028088 (Cal. Super. Ct.,
Sacramento Cty., Nov. 20, 2025), is brought alleges that Defendants
engaged in a pattern of wage and hour violations under the
California Labor Code and Industrial Welfare Commission ("IWC")
Wage Orders, all of which contribute to Defendants' deliberate
unfair competition, to recover, among other things, unpaid wages.
The Defendants have increased their profits by violating state wage
and hour laws by, among other things: failing to pay all minimum,
regular, and overtime wages; failing to provide meal periods or pay
meal period premiums; failing to authorize or permit rest periods
or pay rest period premiums; making improper deductions from earned
wages; failing to provide accurate itemized wage statements; and
failing to pay all wages due during employment and upon separation
of employment, says the complaint.
The Plaintiff was employed by Defendants in Sacramento, California
as a non-exempt benefit advocate from April 2022 to October 2025.
The Defendants were and are subject to the Labor Code and IWC Wage
Orders as employers whose employees were and are engaged to work
throughout this county and the State of California.[BN]
The Plaintiff is represented by:
Fawn F. Bekam, Esq.
Jacquelyn Silva, Esq.
Desiree Ruiz Alfaro, Esq.
ABRAMSON LABOR GROUP
1700 W Burbank Blvd
Burbank, CA 91506
Phone: (213) 493-6300
Facsimile: (213) 336-3704
Email: fawn@abramsonlabor.com
jackie.silva@abramsonlabor.com
desiree.ruizalfaro@abramsonlabor.com
UNITED STATES: Appeals Injunction & Class Cert. Order to 2nd Cir.
-----------------------------------------------------------------
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al. are taking an
appeal from a court order granting Plaintiff's motion for a
preliminary injunction and motion for class certification in the
lawsuit entitled Sergio Alberto Barco Mercado, individually and on
behalf of all others similarly situated, Plaintiff, v. United
States Department of Homeland Security, et al., Defendants, Case
No. 1:25-cv-6568, in the U.S. District Court for the Southern
District of New York.
The Plaintiff bring this suit against the Defendants for civil
rights violations.
On Aug. 8, 2025, the Plaintiff filed an emergency motion for
temporary restraining order and a motion to certify class, which
Judge Lewis A. Kaplan granted on Sept. 17, 2025.
The appellate case is entitled Barco Mercado v. Noem, Case No.
25-2922, in the United States Court of Appeals for the Second
Circuit, filed on November 17, 2025. [BN]
Defendants-Appellants KRISTI NOEM, Secretary of the U.S. Department
of Homeland Security, in her official capacity, et al. are
represented by:
Benjamin H. Torrance, Esq.
UNITED STATES ATTORNEY'S OFFICE
Southern District of New York
86 Chambers Street
New York, NY 10007
UNITED STATES: Braxton Appeals Injunction Order to D.C. Circuit
---------------------------------------------------------------
KENAN BRAXTON, et al. are taking an appeal from a court order
denying their motion for preliminary injunction in the lawsuit
entitled Kenan Braxton, et al., individually and on behalf of all
others similarly situated, Plaintiffs, v. United States Parole
Commission, et al., Defendants, Case No. 1:25-cv-03534-SLS, in the
U.S. District Court for the District of Columbia.
As previously reported in the Class Action Reporter, the case
involves significant questions about the legitimacy of the United
States Parole Commission in light of the ongoing federal government
shutdown. Kenan Braxton, Stanley Petty, and Michael Dunbar are D.C.
Code offenders who were recently arrested and detained by order of
the Parole Commission for violations of the conditions of their
supervised release. They brought this putative class action
challenging the Commission's authority to order their detention or
incarceration. They alleged that the Commission was abolished at
12:01 a.m. on October 1, 2025, when Congress failed to pass a
budget and extend the expiration date for the Commission's enabling
statute.
On Oct. 2, 2025, the Plaintiffs filed a motion for temporary
restraining order and preliminary injunction, which Judge Sparkle
L. Sooknanan denied on Nov. 3, 2025.
The Court finds that the Plaintiffs have not shown that the relief
they seek would result in their release. The Plaintiffs
acknowledged that any judicial officer stepping into the shoes of
the Parole Commission may order Plaintiffs or putative class
members detained pending revocation or even revoke supervised
release and sentence them to terms of imprisonment. It is unclear,
then, how the Plaintiffs are being concretely harmed, much less,
irreparably harmed, by the Parole Commission's detention
decisions.
Because the Plaintiffs have failed to show irreparable harm or that
the balance of equities and public interest favor relief, the Court
declined to evaluate their likelihood of success on the merits of
their claims. Accordingly, the Court denied the Plaintiffs' motion
for preliminary injunction. The Court further ordered that the
Parties meet and confer and jointly file a proposed expedited
summary judgment briefing schedule by November 6, 2025, for the
Court's consideration.
The appellate case is entitled Kenan Braxton, et al. v. USPC, et
al., Case No. 25-5407, in the United States Court of Appeals for
the District of Columbia Circuit, filed on November 17, 2025. [BN]
Plaintiffs-Appellants KENAN BRAXTON, et al., individually and on
behalf of all others similarly situated, are represented by:
Jonathan W. Anderson, Esq.
Zoe E. Friedland, Esq.
Hanna Perry, Esq.
PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA
633 3rd Street, NW
Washington, DC 20001
Telephone: (202) 628-1200
Defendants-Appellees UNITED STATES PAROLE COMMISSION, et al., are
represented by:
DOJ Appellate Counsel
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Telephone: (202) 514-2000
UNITED STATES: Court Extends Time to Oppose Class Cert Bid
----------------------------------------------------------
In the class action lawsuit captioned as SANCHEZ MORA, et al., v.
U.S. CUSTOMS AND BORDER PROTECTION et al., Case No. 1:24-cv-03136
(D.D.C., File Nov. 5, 2024), the Hon. Judge Beryl A. Howell entered
an order:
-- Granting the Defendants' Consent Motion for Extension of Time
to Oppose Plaintiffs' Motion for Class Certification;
-- Directing the Defendants to file, by Dec. 23, 2025, any
opposition to plaintiffs'88 Motion to Certify Class; and
-- Directing the Plaintiffs to file, by Jan. 16, 2026, any reply
to Defendants opposition.
The suit alleges violation of the Freedom of Information Act.
Customs and Border Protection (CBP) is a subdivision of the US
Department of Homeland Security responsible for safeguarding the
nation's borders.[CC]
UNITED STATES: Withrow Sues Over Discriminative Restroom Facilities
-------------------------------------------------------------------
Leanne Withrow, on behalf of herself and all persons similarly
situated v. UNITED STATES OF AMERICA, Case No. 1:25-cv-04073
(D.D.C., Nov. 20, 2025), is brought seeking declaratory and
injunctive relief to set aside the unlawful actions of Defendants,
remediate violations of their civil rights, and allow them to use
restroom facilities consistent with their gender identity.
There is only one single-user restroom she can use at work.
Meanwhile, none of the other buildings at Camp Lincoln have any
restrooms she can use, and she is constantly worried that she will
be called into an urgent meeting in one of those buildings. Of the
twelve National Guard facilities that she must visit to supervise
the work of other department employees, eight do not have any
single-user restrooms. One such facility is more than six miles
from the nearest town. That means a trip to use the restroom —
which requires exiting a secure gate, traveling across the
installation, into town, into a private business to use the
restroom, and then back again—requires at least a 45-minute round
trip. The disparate treatment of transgender and intersex employees
constitutes discrimination in terms and conditions of employment on
the basis of sex in violation of Title VII of the Civil Rights Act
of 1964, says the complaint.
The Plaintiff is a transgender woman who has served her country in
various capacities since 2010.
United States of America includes all federal government agencies
and departments.[BN]
The Plaintiff is represented by:
Shana Knizhnik, Esq.
Harper Seldin, Esq.
Joshua Block, Esq.
Barbara Schwabauer, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad St., New York, NY 10004
Phone: 917-716-0609
Email: sknizhnik@aclu.org
hseldin@aclu.org
jblock@aclu.org
bschwabauer@aclu.org
- and -
Michael Perloff, Esq.
Scott Michelman, Esq.
ACLU FOUNDATION OF THE DISTRICT OF COLUMBIA
529 14th Street NW, Suite 722
Washington, D.C. 20045
Phone: 202-601-4267
Email: smichelman@acludc.org
mperloff@acludc.org
- and -
Kaitlyn Golden, Esq.
Madeline Gitomer, Esq.
Paul Wolfson, Esq.
DEMOCRACY FORWARD FOUNDATION
P.O. Box 34553
Washington, D.C. 20043
Phone: 202-701-1789
Email: kgolden@democracyforward.org
mgitomer@democracyforward.org
pwolfson@democracyforward.org
- and -
Michelle Teresa García, Esq.
Priyanka Menon, Esq.
ROGER BALDWIN FOUNDATION OF ACLU, INC.
150 N Michigan, Suite 600
Chicago, IL 60601
Phone: 312-201-9740 ext. 319
Email: mgarcia@aclu-il.org
pmenon@aclu-il.org
- and -
Jonathan Gleklen, Esq.
Rachel Forman, Esq.
Darrel Pae, Esq.
Sangeeta Shastry, Esq.
Whitney Turk, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave., NW
Washington, DC 20001
Phone: 202-942-5000
Email: jonathan.gleklen@arnoldporter.com
rachel.forman@arnoldporter.com
darrell.pae@arnoldporter.com
sangeeta.shastry@arnoldporter.com
whitney.turk@arnoldporter.com
- and -
Allissa Pollard, Esq.
Christopher Odell, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
700 Louisiana Street | Suite 4000
Houston, TX 77002-2755
Phone: 713-576-2451
Email: allissa.pollard@arnoldporter.com
christopher.odell@arnoldporter.com
- and -
Summer Perez, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
250 West 55th Street
New York, NY 10019-9710
Phone: 212-836-7314
Email: summer.perez@arnoldporter.com
VALOR TECHNICAL: Fails to Properly Pay Technicians, Thornton Says
-----------------------------------------------------------------
DARRYL THORNTON, on behalf of himself and all others similarly
situated, Plaintiff v. VALOR TECHNICAL CLEANING, LLC, Defendant,
Case No. 3:25-cv-00385-WHR-PBS (S.D. Ohio, November 13, 2025) is a
class action against the Defendant for failure to pay overtime
wages and untimely payment of wages in violation of the Fair Labor
Standards Act, the Ohio Minimum Fair Wage Standards Act, and the
Ohio Prompt Pay Act.
Mr. Thornton worked as a technician for the Defendant from
approximately December 2023 through April 2025.
Valor Technical Cleaning, LLC is a technical cleaning company, with
its principal place of business in Centennial, Colorado. [BN]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Emily A. Hubbard, Esq.
Laura E. Farmwald, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Road, Suite 515
Cincinnati, OH 45236
Telephone: (513) 202-0710
Facsimile: (614) 340-4620
Email: abiller@billerkimble.com
akimble@billerkimble.com
ehubbard@billerkimble.com
lfarmwald@billerkimble.com
VIRTU FINANCIAL: Opposition to Class Cert Extended to Jan. 22, 2026
-------------------------------------------------------------------
In the class action lawsuit re Virtu Financial, Inc. Securities
Litigation, Case No. 1:23-cv-03770 (E.D.N.Y., Filed May 19, 2023),
the Hon. Judge Nicholas G. Garaufis entered an order adopting the
parties' proposed deadlines as follows:
The deadline for Defendants' Opposition to Class Certification is
extended from Dec. 22, 2025, to Jan. 22, 2026.
The deadline for Lead Plaintiff's Reply is extended from February
26, 2026, to March 26, 2026.
The deadline for the Close of Fact Discovery is extended from April
24, 2026, to May 21, 2026.
The deadline for the Identification of Experts is extended from May
15, 2026, to June 15, 2026.
The suit alleges violation of the Securities Exchange Act.
Virtu is an American high-frequency trading company.[CC]
WAKEFIELD & ASSOCIATES: Risper Files Suit in D. Colorado
--------------------------------------------------------
A class action lawsuit has been filed against Wakefield &
Associates, LLC. The case is styled as Renardo Risper, individually
and on behalf of all others similarly situated v. Wakefield &
Associates, LLC, Case No. 1:25-cv-03761 (D. Colo., Nov. 20, 2025).
The nature of suit is stated as Other P.I. for Breach of Contract.
Wakefield & Associates -- https://www.wakeassoc.com/ -- has
established itself as a leading provider of accounts receivable
management and delinquent account recovery in the healthcare
arena.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: gary@lcllp.com
WALGREEN EASTERN: Class Certification Bids Due August 24, 2026
--------------------------------------------------------------
In the class action lawsuit captioned as JAMIE MONKS, individually
and on behalf of all others similarly situated, v. WALGREEN EASTERN
CO., INC., Case No. 1:25-cv-12004-MJJ (D. Mass.), the Hon. Judge
Myong J. Joun entered a scheduling order:
Initial disclosures required by Fed. R. Civ. P. 26(a)(1) and by
this Court's Notice of Scheduling Conference must be completed by
Nov. 21, 2025.
Except for good cause shown, no motions seeking leave to add new
parties or to amend the pleadings to assert new claims or defenses
may be filed after Jan. 23, 2026.
All depositions, other than expert depositions, must be completed
by June 22, 2026.
Motions for class certification and summary judgment must be filed
by Aug. 24, 2026.
Walgreen retails pharmaceuticals products.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=T3ugEi at no extra
charge.[CC]
WESTMORELAND ABSALOKA: Salazar Seeks Equipment Operators' Unpaid OT
-------------------------------------------------------------------
RICHARD SALAZAR, on behalf of himself and all others similarly
situated, Plaintiff v. WESTMORELAND ABSALOKA MINING LLC, Defendant,
Case No. 1:25-cv-03647 (D. Colo., November 13, 2025) is a class
action against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
Mr. Salazar was employed by Westmoreland as a lead man and heavy
equipment operator from approximately April 2023 until January
2024.
Westmoreland Absaloka Mining LLC is a mine owner and operator
headquartered in Lone Tree, Colorado. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLC
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
YIPPEE ENTERTAINMENT: Appeals Denied Arbitration Bid to 9th Circuit
-------------------------------------------------------------------
YIPPEE ENTERTAINMENT, INC. is taking an appeal from a court order
denying its motion to compel arbitration in the lawsuit entitled
Brittany Morrison, individually and on behalf of all others
similarly situated, Plaintiff, v. Yippee Entertainment, Inc.,
Defendant, Case No. 3:24-cv-00797-JO-KSC, in the U.S. District
Court for the Southern District of California.
As previously reported in the Class Action Reporter, the Plaintiff
brings this class action complaint against the Defendant for
knowingly and intentionally disclosing its users' personally
identifiable information (PII) to unrelated third parties to
further its marketing and advertising objectives and increase
revenue, in violation of the Video Privacy Protection Act.
On July 17, 2024, the Defendant filed a motion to compel
arbitration, which Judge Jinsook Ohta denied on Nov. 4, 2025.
The Court finds that there was no binding agreement to arbitrate
because the Plaintiff did not unambiguously manifest assent to the
Terms of Service. Finally, the Court concludes that the arbitration
agreement contained in the Terms of Service does not encompass the
dispute at issue. For these reasons, the Court denies the
Defendant's motion to compel arbitration.
The appellate case is captioned Morrison v. Yippee Entertainment,
Inc., Case No. 25-7161, in the United States Court of Appeals for
the Ninth Circuit, filed on November 13, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 18,
2025;
-- Appellant's Appeal Transcript Order was due on November 26,
2025;
-- Appellant's Appeal Transcript is due on December 26, 2025;
-- Appellant's Opening Brief is due on February 4, 2026; and
-- Appellee's Answering Brief is due on March 6, 2026. [BN]
Plaintiff-Appellee BRITTANY MORRISON, individually and on behalf of
all others similarly situated, is represented by:
Lawrence Timothy Fisher, Esq.
BURSOR & FISHER, PA
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
- and -
Max Stuart Roberts, Esq.
BURSOR & FISHER, PA
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Defendant-Appellant YIPPEE ENTERTAINMENT, INC. is represented by:
Rajiv Dharnidharka, Esq.
Jeanette T. Barzelay, Esq.
Guadalupe Raymond Laguna, Esq.
FOLEY & LARDNER, LLP
555 California Street, Suite 1700
San Francisco, CA 94104
*********
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
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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.
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