251212.mbx
C L A S S A C T I O N R E P O R T E R
Friday, December 12, 2025, Vol. 27, No. 248
Headlines
6516 F&B MANAGER: Faces Paz Wage-and-Hour Suit in Calif.
ACTIVEHOURS INC: Fails to Protect Private Data, WillSie Suit Claims
AMAZON.COM INC: Appeals Denied Reconsideration Bid in Martinho Suit
AMAZON.COM INC: Bid to Unseal Portions of Class Cert Docs OK'd
AMERICAN ASSOCIATION: Agrees to Settle Data Breach Suit for $700,00
ARAMARK: Jackson Files Civil Rights Suit in California State Court
BIMBO BAKERIES: Pardo and Pyrane Sue Over Deceptive Product Labels
BLUE SHIELD: Faces Class Suit for Misrepresenting Scope of Coverage
CAL-MAINE FOODS: Phil-N-Cindy's Alleges Price Fixing Conspiracy
CONDUENT INC: Faces Sayabath Class Suit Over Compromised Info
EXXON MOBIL: Municipality of Bayamon Appeals Judgment to 1st Cir.
GLOBALLOGIC INC: Sainvil Sues Over Data Security Failure
HORIZON LAND: Court Denies Nationwide FLSA Class Certification
HYUNDAI AUTOEVER: Terry Files Personal Injury Suit in California
JPMORGAN CHASE: Cyr Appeals Dismissal & Remand Order to 1st Circuit
KETTLE AND FIRE: Walker Sues Over Products' False Protein Labels
NATIONAL GRID: Nightingale Appeals Renewed Class Cert. Ruling
NEUROMONITORING ASSOCIATES: Fails to Pay Overtime Wages, Chua Says
NYC SPECIAL: Faces Tecun Wage-and-Hour Suit in E.D.N.Y.
OPENAI INC: Woodard Files Suit Over Data Breach
ORACLE CORP: Fails to Protect Clients' Personal Info, Valdes Says
OUTDOOR VOICES: Williams Sues Over Blind-Inaccessible Website
PACIFIC MOUNTAIN: Hernandez Labor Suit Removed to C.D. Calif.
PEPPERDINE UNIVERSITY: Appeals Interlocutory Order in Pinzon Suit
PERSANTE HEALTH: Bradford Files Suit Over Data Breach
PERSANTE HEALTH: Bushman Files Suit Over Data Breach
PREMIUM BRANDS: Merrick Fraud Suit Removed to W.D. Wash.
PROGRESS SOFTWARE: George Files Suit Over Data Breach
PURPOSE POINT: Appeals Denied New Trial Order to 6th Circuit
SIG SAUER: Schreiber Sues Over Defective P320 Pistols
SITUSAMC HOLDINGS: Clarke Sues Over Data Breach
STONECO LTD: Agrees to Settle Securities Class Suit for $26.75MM
SYNCHRONOSS TECHNOLOGIES: M&A Probes Proposed Sale to Lumine Group
TRIMBLE INC: Peterson Sues Over Unauthorized Clients' Info Access
U.S. ANESTHESIA: Judge Denies Motion to Dismiss Class Action Suit
UNITED PARCEL: Fagnani Sues Over Online Store's Access Barriers
VESTCOR INC: Investors Sue Over Significant Financial Losses
WAKEFIELD & ASSOCIATES: Potter Sues Over Inadequate Data Security
WEST TEXAS: Faces Reyes Suit Over Alleged Private Data Breach
WHOOP INC: FDA Warning Letter Anchors Class Action Lawsuit
ZENLEADS INC: Masry Sues Over Use of Personal Info Without Consent
Asbestos Litigation
ASBESTOS UPDATE: J&J Faces Talc Lawsuits in UK
ASBESTOS UPDATE: JM Eagle Revives Case Against Asbestos Law Firms
*********
6516 F&B MANAGER: Faces Paz Wage-and-Hour Suit in Calif.
--------------------------------------------------------
A class action lawsuit has been filed against 6516 F&B Manager,
LLC, et al. The case is captioned as CINDY PAZ, individually and on
behalf of all others similarly situated, v. 6516 F&B MANAGER, LLC,
et al., Case No. 8:25-cv-02564-JDE (Cal. Super., November 13,
2025).
The Plaintiff brings this suit against the Defendants for
employment violations.
6516 F&B Manager, LLC is a company doing business in California.
[BN]
The Plaintiff is represented by:
John V. Ricca, Esq.
BIBIYAN LAW GROUP, PC
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
ACTIVEHOURS INC: Fails to Protect Private Data, WillSie Suit Claims
-------------------------------------------------------------------
DEANNA WILLSIE, individually and on behalf of all others similarly
situated, Plaintiff v. ACTIVEHOURS, INC. d/b/a EARNIN, Defendant,
Case No. 5:25-cv-09874 (N.D. Cal., November 17, 2025) arises from
Defendant's failure to properly secure Plaintiff’s and Class
Members' personally identifiable information.
The Defendant discovered the data breach on October 14, 2025, that
exposed the PII of Defendant's current and former customers. A wide
variety of PII was involved in the data breach, including names,
dates of birth, addresses, and Social Security numbers.
Accordingly, the Plaintiff now brings this class action against the
Defendant to seek remedies including compensation for time spent
responding to the data breach and other types of harm, free credit
monitoring and identity theft insurance, and injunctive relief
including substantial improvements to Defendant's data security
policies and practices.
Activehours, Inc. offers financial products to businesses and
individuals, allowing customers to receive wages and payments.
[BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
1 W. Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: cardoso@kolawyers.com
AMAZON.COM INC: Appeals Denied Reconsideration Bid in Martinho Suit
-------------------------------------------------------------------
AMAZON.COM, INC., et al. are taking an appeal from a court order in
the lawsuit entitled Michelle Martinho, individually and on behalf
of all others similarly situated, Plaintiff, v. Amazon.com, Inc.,
et al., Defendants, Case No. 4:22-cv-06849-YGR, in the U.S.
District Court for the Northern District of California.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for violations of the California
Labor Code Section 1194 and California's Unfair Competition Law.
On Sept. 22, 2025, the Court granted in part and denied in part the
Defendants' motion for summary judgment and granted the Plaintiff's
motion for class certification.
On Oct. 6, 2025, the Defendants filed a motion to certify order for
interlocutory appeal and a motion for leave to file motion for
reconsideration of Summary Judgment and Class Certification Order.
On Nov. 10, 2025, Judge Yvonne Gonzalez Rogers entered an Order
denying the Defendants' motion to certify order for interlocutory
appeal and a motion for leave to file motion for reconsideration.
The appellate case is captioned Martinho v. Amazon.com, Inc., et
al., Case No. 25-7418, in the United States Court of Appeals for
the Ninth Circuit, filed on November 25, 2025. [BN]
Plaintiff-Respondent MICHELLE MARTINHO, individually and on behalf
of all others similarly situated, is represented by:
Larry W. Lee, Esq.
Kristen M. Agnew, Esq.
Max William Gavron, Esq.
Kwanporn Tulyathan, Esq.
DIVERSITY LAW GROUP
515 South Figueroa, Suite 1250
Los Angeles, CA 90071
Defendants-Petitioners AMAZON.COM, INC., et al. are represented
by:
Bradley Joseph Hamburger, Esq.
Lauren M. Blas, Esq.
GIBSON, DUNN & CRUTCHER, LLP
333 S. Grand Avenue, Suite 5300
Los Angeles, CA 90071
- and -
Megan Cooney, Esq.
Marcus Curtis, Esq.
GIBSON, DUNN & CRUTCHER, LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612
AMAZON.COM INC: Bid to Unseal Portions of Class Cert Docs OK'd
--------------------------------------------------------------
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 Hon. Judge John Chun entered an
order regarding unsealing portions of class certification
materials.
-- The Parties shall file public, redacted versions of their
class certification and Daubert papers by Feb. 2, 2026, or
four weeks following the completion of Daubert briefing
(whichever is later), with corresponding motion to seal.
-- The deadline for Non-Parties to file a showing required by LCR
5(g)(3)(B) in response to any motion to seal filed by a party
shall be 21 days after the due date for the Parties' motion to
seal.
Amazon.com is an online retailer that offers a wide range of
products.
A copy of the Court's order dated Nov. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UE2KgC 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 ASSOCIATION: Agrees to Settle Data Breach Suit for $700,00
-------------------------------------------------------------------
Chloe Gocher of ClassAction.org reports that a $700,000 class
action settlement ends litigation against the American Association
of Colleges of Osteopathic Medicine (AACOM) over a September 2024
data breach that reportedly impacted nearly 68,000 people.
The AACOM class action settlement received preliminary court
approval on November 4, 2025 and covers all United States residents
whose personally identifying information or personal health
information was identified by AACOM as having potentially been
exposed in the 2024 data breach, including anyone who received
notice of the incident.
The court-approved website for the AACOM settlement can be found at
AACOMDataSettlement.com.
AACOM settlement class members who submit a timely, valid claim
form will be able to receive credit monitoring services and either
up to $3,500 in compensation for out-of-pocket losses related to
the data breach or a pro rata (equal share) cash payout estimated
to be approximately $50.
The credit monitoring provided by the class action settlement,
available to all claimants, includes two years of three-bureau
credit and identity theft monitoring, including $1,000,000 of
identity theft insurance with no deductible, access to fraud
resolution agents to help resolve instances of identity theft and
real-time monitoring of your credit file at all three major credit
bureaus, the settlement website says.
Per the settlement website, out-of-pocket losses covered by the
deal must have been incurred as a direct result of the AACOM data
breach and may include the costs of:
-- Professional fees;
-- Identity or fraud protection;
-- Credit repair services; and/or
-- Other miscellaneous expenses related to the incident that
occurred between the date AACOM sent notice of the breach and March
4, 2026.
In order to receive reimbursement for out-of-pocket losses, AACOM
settlement class members must submit reasonable documentation of
each loss, the settlement site specifies.
Compensation for out-of-pocket losses is mutually exclusive from
the pro rata cash payment, and each class member may choose only
one option to claim. The credit monitoring services may be claimed
alongside either the out-of-pocket loss compensation or the cash
payment without restriction, court documents state.
To submit an AACOM claim form online, class members can visit this
page of the settlement website and log in with the unique class
member ID found in their copy of the settlement notice.
Alternatively, a PDF claim form is available to print, fill out and
mail back to the address listed on the first page of the form.
All settlement claim forms must be submitted online or postmarked
by March 4, 2026.
AACOM has also agreed, as part of the class action settlement, to
implement enhancements to its data security.
A hearing is scheduled for March 25, 2026 to determine whether the
AACOM class action settlement will receive final approval from the
court. Settlement benefits will begin to be distributed to class
members only after final approval has been granted and any appeals
have been resolved.
The AACOM class action lawsuit alleged that the American
Association of Colleges of Osteopathic Medicine failed to prevent a
September 2024 data breach in which unauthorized third parties
gained access to the identifiable personal and health information
of approximately 67,804 people. [GN]
ARAMARK: Jackson Files Civil Rights Suit in California State Court
------------------------------------------------------------------
A class action lawsuit has been filed against Josh Watts, et al.
The case is captioned as JOSEPH C. JACKSON, JR., et al.,
individually and on behalf of all others similarly situated v. JOSH
WATTS, et al., Case No. 1:25-cv-02387-TWP-MG (S.D. Ind., November
13, 2025).
The Plaintiffs bring this suit against the Defendants for civil
rights violations. [BN]
The Plaintiffs appear pro se.
BIMBO BAKERIES: Pardo and Pyrane Sue Over Deceptive Product Labels
------------------------------------------------------------------
JESSICA PARDO and STHORM PYRANE, individually and on behalf of all
others similarly situated, Plaintiff, v. Bimbo Bakeries USA, Inc.,
Defendant, Case No. 1:25-cv-06368 (E.D.N.Y., November 17, 2025)
arises from the Defendant's alleged misrepresentation of its
Artesano bread products.
The Defendant's product labeling claim that the said products are
baked without artificial colors, flavors and preservatives.
However, the Plaintiffs allege that these products contain a known
artificial preservative: citric acid, as stated on the products'
list of ingredients.
Accordingly, the Plaintiffs now bring this class action against the
Defendant and assert claims on behalf of themselves and similarly
situated purchasers, both nationwide and in New York, for
violations of New York General Business Law Sections 349 and 350,
breach of express warranty, and unjust enrichment.
Headquartered in Horsham, PA, Bimbo Bakeries USA, Inc. operates as
bakery product manufacturing company. [BN]
The Plaintiffs are represented by:
Mari K. Bonthuis, Esq.
Jennifer Kraus-Czeisler, Esq.
Todd McClelland, Esq.
STERLINGTON, PLLC
228 Park Avenue South, No. 97956
New York, NY 10003
Telephone: (212) 433-2834
(212) 457-9571
E-mail: mari.bonthuis@sterlingtonlaw.com
jen.czeisler@sterlingtonlaw.com
todd.mcclelland@sterlingtonlaw.com
- and -
Don Bivnes, Esq.
DON BIVENS, PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 762-2661
E-mail: don@donbivens.com
BLUE SHIELD: Faces Class Suit for Misrepresenting Scope of Coverage
-------------------------------------------------------------------
Top Class Actions reports that four policyholders filed a class
action lawsuit against Blue Shield of California Life & Health
Insurance Company, Magellan Health Inc., Magellan Healthcare Inc.
and Human Affairs International of California.
Why: Plaintiffs allege the defendants misrepresented the scope of
their coverage by maintaining a "ghost network" of mental health
providers.
Where: The Blue Shield class action lawsuit was filed in California
federal court.
A new class action lawsuit alleges Blue Shield of California and
Magellan Health maintained a "ghost network" of mental health
providers who do not exist or do not accept new patients.
Plaintiff Jenniffer Roiz and three others filed the class action
lawsuit against Blue Shield of California Life & Health Insurance,
Magellan Health, Magellan Healthcare and Human Affairs
International of California on Nov. 19 in California federal
court.
The plaintiffs allege the defendants misrepresented the scope of
their coverage and extent of their provider networks.
The Blue Shield class action lawsuit claims the defendants misled
patients in need of qualified mental health providers by publishing
a "grossly inaccurate" directory of doctors and therapists, also
known as a "ghost network."
"When people in need are unable to find an in-network mental health
provider, urgent mental health treatment is often delayed and, at
worst, abandoned completely," the complaint says.
Blue Shield, Magellan Health benefited in numerous ways from 'ghost
network,' lawsuit says
The plaintiffs claim Blue Shield and Magellan Health benefited from
the ghost network by attracting more customers and charging higher
premiums.
The Blue Shield class action lawsuit alleges the defendants also
cut down on their own costs by not expending resources to keep and
publish a robust provider network list or pay for members' care.
The plaintiffs claim they were forced to pay for out-of-network
care or go without treatment because they could not find in-network
providers.
The Blue Shield class action lawsuit asserts claims for breach of
contract, breach of fiduciary duty, false advertising, unfair
competition and unjust enrichment.
The plaintiffs are suing on behalf of anyone who bought or enrolled
in a Blue Shield plan in California from 2019 to the date of class
certification. They seek certification of the Blue Shield class,
damages, fees, costs and a jury trial.
A separate class action lawsuit, filed earlier this year, alleges
Blue Shield of California shared personal information of patients
on its website via Google Analytics.
The plaintiffs are represented by Ben Travis of Ben Travis Law APC,
Steve Cohen of Pollock Cohen LLP and Jacob Gardener of Walden Macht
Haran & Williams LLP.
The Blue Shield class action lawsuit is Roiz, et al. v. Blue Shield
of California Life & Health Insurance Company, et al., Case No.
4:25-cv-09978, in the U.S. District Court for the Northern District
of California. [GN]
CAL-MAINE FOODS: Phil-N-Cindy's Alleges Price Fixing Conspiracy
---------------------------------------------------------------
PHIL-N-CINDY'S LUNCH, INC., individually and on behalf of itself
and all others similarly situated, Plaintiff v. CAL-MAINE FOODS,
INC, ROSE ACRE FARMS, INC., HILLANDALE FARMS CORP., DAYBREAK FOODS,
INC., VERSOVA HOLDINGS, LLC., and DOE DEFENDANTS 1-20, Defendants,
Case No. 1:25-cv-14082 (N.D. Ill., November 17, 2025) accuses the
Defendants, the dominant producers of conventional shell eggs, of
price fixing conspiracy.
Allegedly, the Defendants turned an avian flu outbreak and
inflationary conditions into an opportunity to extract egregious
and unprecedented profits at the expenses of members of the Class
by fixing, raising, and maintaining supra-competitive prices for
conventional eggs. Accordingly, the Plaintiff now brings this class
action against the Defendants, asserting claims for violations of
Section 1 of the Sherman Antitrust Act.
Headquartered in Jackson, MS, Cal-Maine Foods, Inc. produces and
distributes shell eggs in the United States. [BN]
The Plaintiff is represented by:
Vincent Briganti, Esq.
Raymond P. Girnys, Esq.
Peter A. Barile III, Esq.
Peter Demato, Esq.
Nicole A. Veno, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
E-mail: vbriganti@lowey.com
rgirnys@lowey.com
pbarile@lowey.com
pdemato@lowey.com
nveno@lowey.com
- and -
Christopher M. Burke, Esq.
Amelia Burroughs, Esq.
Yifan (Kate) Lv, Esq.
Robin Stemen, Esq.
BURKE LLP
402 West Broadway, Suite 1890
San Diego, CA 92101
Telephone: (619) 369-8244
E-mail: cburke@burke.law
aburroughs@burke.law
klv@burke.law
rsteman@burke.law
- and -
Marco Cercone, Esq.
Nicholas A. Vona, Esq.
RUPP PFALZGRAF LLC
1600 Liberty Building
424 Main Street
Buffalo, NY 14202
Telephone: (716) 854-3400
Facsimile: (716) 332-0336
E-mail: cercone@rupppfalzgraf.com
vona@rupppfalzgraf.com
- and -
Amanda M. Williams, Esq.
Daniel R. Olson, Esq.
BASSFORD REMELE P.A.
100 South Fifth Street, Suite 1500
Minneapolis, MN 55402
Telephone: (612) 333-3000
Facsimile: (612) 333-8829
E-mail: awilliams@bassford.com
dolson@bassford.com
CONDUENT INC: Faces Sayabath Class Suit Over Compromised Info
-------------------------------------------------------------
JERRY SAYABATH, individually and on behalf of all others similarly
situated, Plaintiff v. CONDUENT INCORPORATED, CONDUENT BUSINESS
SERVICES, LLC, and HEALTH CARE SERVICE CORPORATION, Defendants,
Case No. 1:25-cv-13950 (N.D. Ill., November 13, 2025) is a class
action against the Defendants for negligence, negligence per se,
unjust enrichment, breach of implied contract, declaratory and
injunctive relief, breach of third-party beneficiary contract, and
breach of fiduciary duty.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated patients
stored within their network systems following a data breach between
October 21, 2024, and January 13, 2025. The Defendants 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.
Conduent Incorporated is a business services provider,
headquartered in New Jersey.
Conduent Business Services LLC is a business services provider,
headquartered in New Jersey.
Health Care Service Corporation, operating through its division
Blue Cross Blue Shield of Illinois, is a healthcare services
provider located in Chicago, Illinois. [BN]
The Plaintiff is represented by:
James E. Cecchi, Esq.
Zachary A. Jacobs, Esq.
Grant Y. Lee, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, PC
222 S. Riverside Plaza
Chicago, IL 60606
Telephone: (973) 994-1700
Email: jcecchi@carellabyrne.com
zjacobs@carellabyrne.com
glee@carellabyrne.com
- and -
Norman E. Siegel, Esq.
Barrett J. Vahle, Esq.
Tanner J. Edwards, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Email: siegel@stuevesiegel.com
vahle@stuevesiegel.com
tanner@stuevesiegel.com
EXXON MOBIL: Municipality of Bayamon Appeals Judgment to 1st Cir.
-----------------------------------------------------------------
MUNICIPALITY OF BAYAMON, et al. are taking an appeal from a court
judgment in the lawsuit entitled Municipality of Bayamon, et al.,
individually and on behalf of all others similarly situated,
Plaintiff, v. Exxon Mobil Corporation, et al., Defendant, Case No.
3:22-cv-01550-SCC, in the U.S. District Court for the District of
Puerto Rico.
The suit is brought against the Defendants for alleged violations
of the Racketeer Influenced and Corrupt Organizations Act (RICO).
On Sept. 11, 2025, the Court entered judgment in favor of the
Defendants. All claims against Occidental, Rio Tinto and BHP are
hereby dismissed without prejudice; the RICO claim against API is
dismissed with prejudice; the Federal antitrust claim and Puerto
Rico law claims against API are dismissed without prejudice; and
all claims against Exxon, Shell, Chevron, BP, ConocoPhillips and
Motive are dismissed with prejudice.
The appellate case is entitled Municipality of Bayamon, et al. v.
Exxon Mobil Corporation, et al., Case No. 25-1961, in the United
States Court of Appeals for the First Circuit, filed on November
13, 2025. [BN]
Plaintiffs-Appellants MUNICIPALITY OF BAYAMON, et al., individually
and on behalf of all others similarly situated, are represented
by:
Luis Valiente Almeida-Olivieri, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
1311 Ponce de Leon Ave., Ste. 700
San Juan, PR 00907
Telephone: (516) 741-5600
- and -
Zachary Edmund Howerton, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
223 Duke of Gloucester St.
Annapolis, MD 21204
Telephone: (410) 269-6620
- and -
Roy Lenard Mason, Esq.
SMOUSE & MASON, LLC
223 Duke of Gloucester St.
Annapolis, MD 21401
Telephone: (410) 269-6620
Defendants-Appellees EXXON MOBIL CORPORATION, et al. are
represented by:
Yahonnes Cleary, Esq.
Caitlin E. Grusauskas, Esq.
Daniel J. Toal, Esq.
Theodore V. Wells, Jr., Esq.
PAUL WEISS RIFKIND WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
(212) 373-3869
(212) 373-3089
- and -
Mariana L. Garcia-Velazquez, Esq.
Nestor M. Mendez-Gomez, Esq.
Maria Dolores Trelles-Hernandez, Esq.
PIETRANTONI MENDEZ & ALVAREZ LLC
208 Ponce de Leon Ave.
Popular Center, 19th Fl.
San Juan, PR 00918
Telephone: (797) 274-1212
(787) 773-6000
- and -
Mary H. Kim, Esq.
DECHERT LLP
45 Freemont St., Fl. 26
San Francisco, CA 94105
Telephone: (415) 262-4517
- and -
Christina G. Sarchio, Esq.
DECHERT LLP
1900 K. St. NW
Washington, DC 20006
Telephone: (202) 251-3465
- and -
Josh A. Cohen, Esq.
DEBEVOISE & PLIMPTON LLP
650 California St.
San Francisco, CA 94108
Telephone: (415) 738-5700
- and -
Jose Javier Colon-Garcia, Esq.
Carlos A. Valldejuly-Sastre, Esq.
O'NEILL & BORGES LLC
250 Munoz Rivera Ave., Ste. 800
San Juan, PR 00918
Telephone: (787) 764-8181
- and -
Alexander Costin, Esq.
Maura Kathleen Monaghan, Esq.
DEBEVOISE & PLIMPTON LLP
66 Hudson Blvd.
New York, NY 10001
Telephone: (212) 909-6000
- and -
Jonathan W. Hughes, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
3 Embarcadero Center, 10th Fl.
San Francisco, CA 94111
Telephone: (415) 471-3156
- and -
John D. Lombardo, Esq.
Sean O. Morris, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
777 S. Figueroa St., 44th Fl.
Los Angeles, CA 90017
Telephone: (213) 243-4000
(213) 243-4222
- and -
Sharlene Marie Malave-Vallines, Esq.
Luis A. Oliver-Fraticelli, Esq.
Eric Perez-Ochoa, Esq.
ADSUAR MUNIZ GOYCO SEDA & PEREZ-OCHOA PSC
208 Ponce de Leon Ave., Ste. 1600
San Juan, PR 00918
Telephone: (787) 310-2346
(787) 281-1819
(787) 281-1813
- and -
Diana E. Reiter, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
250 W. 55th St.
New York, NY 10019
Telephone: (212) 836-8000
GLOBALLOGIC INC: Sainvil Sues Over Data Security Failure
--------------------------------------------------------
ASHLEY SAINVIL, on behalf of herself and all others similarly
situated, Plaintiff v. GLOBALLOGIC INC. and ORACLE CORPORATION,
Defendants, Case No. 1:25-cv-01854 (W.D. Tex., November 17, 2025)
arises from the Defendants’ failure to protect highly sensitive
data.
On July 10, 2025, Oracle was hacked in the data breach--which
compromised the data of its enterprise consumers, including
GlobalLogic. Moreover, Defendants injured at least 10,471
persons--via the exposure of their personal identifiable
information--in the data breach. And yet, Defendants waited over
until November 7, 2025, before they began notifying the class--a
full 120 days after the data breach began.
Accordingly, the Plaintiff now seeks redress for Defendants'
unlawful conduct and asserts claims for negligence, negligence per
se, breach of implied contract, invasion of privacy, unjust
enrichment, and breach of fiduciary duty.
GlobalLogic Inc. is a multinational engineering firm based in Santa
Clara, CA. [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 -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
E-mail: ltoops@cohenmalad.com
athomas@cohenmalad.com
HORIZON LAND: Court Denies Nationwide FLSA Class Certification
--------------------------------------------------------------
In the case captioned as Sabrina Lucero, Donovan McClure, and
Kariane Amparan, individually and on behalf of others similarly
situated, Plaintiffs, v. Horizon Land Management LLC and Ryan
Hotchkiss, Defendants, Civil Action No. 1:25-cv-00903-JKB (D. Md.),
Judge James K. Bredar of the United States District Court for the
District of Maryland granted in part and denied in part the
Plaintiffs motion for conditional certification of a Fair Labor
Standards Act collective action and denied Plaintiffs request for
equitable tolling, while directing further briefing on potential
transfer of venue.
Plaintiffs Lucero, McClure, and Amparan worked at Horizon
properties in Colorado as a community manager, assistant community
manager, and maintenance technician and allege that Horizon and its
chief executive officer violated the Fair Labor Standards Act and
Colorado labor law. Plaintiffs state that they were hired as non
exempt employees, routinely worked more than 40 hours per week,
were given company cell phones, were required to be on call at all
times, could not turn down on call work, and when they worked
overtime they were not paid overtime but instead were given one
hour of compensatory time for each overtime hour worked, subject to
a use it within one week or forfeit rule that was often not
honored. They also assert that supervisors instructed them to
manipulate timesheets so that weekly hours appeared capped at 40,
despite actual overtime.
The Court noted that Plaintiffs bring Colorado law claims as a
putative class action and the federal Fair Labor Standards Act
claim as a collective action and that they seek conditional
certification, on a nationwide basis, of a collective of all
current and former hourly employees employed by Horizon in the
United States in the three years before filing.
Upon careful examination, the Court concluded that Plaintiffs have
sufficiently alleged that all hourly employees in Colorado and
South Carolina are similarly situated but have not made substantial
allegations warranting certification of a nationwide collective.
The Court states that while similar job responsibilities can be an
indicator that employees are similarly situated, it is not a
requirement at conditional certification and emphasizes that when
employees share a similar issue of law or fact material to their
claims, dissimilarities in other respects should not defeat
collective treatment and that the touchstone inquiry is the
potential plaintiffs common relationship to the allegedly unlawful
policy.
The Court finds that affidavits from multiple community managers,
an assistant community manager, and a maintenance technician in
Colorado and South Carolina describe nearly identical conduct:
management routinely required overtime, paid one to one
compensatory time instead of 1.5 times the regular wage, required
employees to be available at all times, implemented a paper
timekeeping policy, and directed supervisors to falsify timesheets,
all implemented by regional managers. According to the Court,
these common allegations supported by sworn declarations are
sufficient to show that Colorado and South Carolina Plaintiffs are
similarly situated at the conditional certification stage.
However, the Court determines that Plaintiffs have not carried
their burden to justify a nationwide collective. The Court
explains that Horizon operates manufactured home communities in 19
states but Plaintiffs offer detailed allegations about overtime
policies in only two states and that Cox s statement that she has
spoken to former colleagues in North Carolina and Tennessee and is
aware of employees who did not receive overtime lacks specific
allegations regarding practices in those locations, such as names
of employees or supervisors or indications that the same problems
exist elsewhere.
Therefore, the Court concludes that conditional certification is
inappropriate on a nationwide basis and that Plaintiffs motion for
conditional certification of collective action is granted in part
and denied in part, with conditional certification limited to
hourly employees in Colorado and South Carolina as defined by the
Court. The case thus proceeds as a Fair Labor Standards Act
collective action for those states, alongside Plaintiffs Colorado
law claims pleaded as a putative class action.
Turning to notice, the Court states that district courts must
supervise contacts with potential plaintiffs to ensure that
employees receive accurate and timely notice and that courts have
broad discretion to determine the details of notice. The Court
sustains in part and rejects in part Defendant s objections to the
notice form and distribution method. The Court orders that the
notice include a sentence advising that an opt in plaintiff may be
subject to written discovery, deposition, and cross examination at
trial and finds this language routinely permitted. The Court
rejects Defendant s attempt to limit distribution to United States
mail, calling exclusive reliance on mail clearly outdated, and
orders that notice be distributed by United States mail, email,
and, if necessary, text message, and that notice be posted at
Horizon offices in Colorado and South Carolina.
On the temporal scope of notice, the Court explained that the Fair
Labor Standards Act statute of limitations is two years, extended
to three years for willful violations, and that willfulness is a
merits determination not ordinarily addressed at conditional
certification. Because Plaintiffs allege willful conduct, the
Court finds it more efficient to issue a broader notice now and
limit claims later and holds that notice should cover the period
beginning March 19, 2022, three years before the complaint was
filed, through the close of the opt in period. Having resolved all
objections, the Court deems an additional meet and confer on notice
unnecessary.
On equitable tolling, the Court noted that Plaintiffs request
tolling of the Fair Labor Standards Act statute of limitations from
June 9, 2025, the filing date of the motion for conditional
certification, through the date of the memorandum and says that
this request will be denied. The Court sets out the standard that
equitable tolling applies only when a plaintiff diligently pursues
her rights and some extraordinary circumstance prevents timely
filing and is reserved for rare instances where it would be
unconscionable to enforce the limitation period and gross injustice
would result. The Court finds that Plaintiffs have not identified
any extraordinary circumstance, that they do not contend that
Defendant prevented anyone from bringing claims earlier, and that
ordinary litigation delay is not an extraordinary circumstance
warranting equitable tolling, and accordingly declines to equitably
toll the Fair Labor Standards Act statute of limitations.
Finally, the Court raised the question of transfer. Because a
collective will only be certified in Colorado and South Carolina
and the remaining claims arise under Colorado law, the Court
expressed uncertainty that the District of Maryland is the best
forum and observes that most evidence and witnesses will likely be
located in Colorado and South Carolina. The Court directed the
parties to brief whether the case should be transferred for the
convenience of parties and witnesses, in the interest of justice
under 28 U.S.C. Section 1404(a), either in its entirety to the
District of Colorado or by bifurcating claims so that South
Carolina claims go to the District of South Carolina while the rest
go to the District of Colorado, including whether the District of
Colorado would have personal jurisdiction over all potential
plaintiffs. In conclusion, the Court reiterated that Plaintiffs
motion for conditional certification is granted in part and denied
in part and that a separate order follows.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=re41Pq from PacerMonitor.com
HYUNDAI AUTOEVER: Terry Files Personal Injury Suit in California
----------------------------------------------------------------
A class action lawsuit has been filed against Hyundai AutoEver
America, LLC. The case is captioned as BRAYDEN TERRY, et al.,
individually and on behalf of all others similarly situated v.
HYUNDAI AUTOEVER AMERICA, LLC, Case No. 8:25-cv-02564-JDE (C.D.
Cal., November 14, 2025).
The Plaintiffs bring personal injury claims against the Defendant.
Hyundai AutoEver America, LLC is an automotive information
technology company, headquartered in California. [BN]
The Plaintiffs are represented by:
M. Anderson Berry, Esq.
Brandon Pierce Jack, Esq.
Gregory Haroutunian, Esq.
EMERY REDDY, PC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (916) 823-6955
Facsimile: (206) 441-9711
Email: anderson@emeryreddy.com
brandon@emeryreddy.com
gregory@emeryreddy.com
JPMORGAN CHASE: Cyr Appeals Dismissal & Remand Order to 1st Circuit
-------------------------------------------------------------------
MOZART SAINT CYR is taking an appeal from a court order granting in
part and denying in part the Defendant's motion to dismiss in the
lawsuit entitled Mozart Saint Cyr, individually and on behalf of
all others similarly situated, Plaintiff, v. JPMorgan Chase & Co.,
Defendant, Case No. 1:25-cv-11751-BEM, in the U.S. District Court
for the District of Massachusetts.
Plaintiff Mozart Saint Cyr alleges that the Defendant subjected him
to an unlawful lie detector test as part of a job application and
failed to provide a written notice of his rights regarding such
tests, in violation of Mass. General Laws.
On July 28, 2025, the Plaintiff filed an amended complaint, which
the Defendant moved to dismiss for failure to state a claim on Aug.
25, 2025.
On Oct. 22, 2025, Judge Brian E. Murphy entered Order granting in
part and denying in part the Defendant's motion to dismiss.
The Court finds the Plaintiff's allegations insufficient as to the
purported lie detector test and finds that the Court lacks
jurisdiction over his notice claim. This action is hereby remanded
to the Suffolk County Superior Court.
The appellate case is captioned Saint Cyr v. JPMorgan Chase & Co.,
Case No. 25-2129, in the United States Court of Appeals for the
First Circuit, filed on November 25, 2025. [BN]
Plaintiff-Appellant MOZART SAINT CYR, individually and on behalf of
all others similarly situated, is represented by:
Julian C. Diamond, Esq.
Joseph I. Marchese, Esq.
BURSOR & FISHER PA
1330 Avenue of the Americas, 32nd Fl.
New York, NY 10019
Telephone: (646) 837-7150
(646) 837-7410
- and -
Matthew A. Girardi, Esq.
BURSOR & FISHER PA
50 Main St., Ste. 475
White Plains, NY 10606
Telephone: (914) 874-0708
- and -
David S. Godkin, Esq.
James E. Kruzer, Esq.
BIRNBAUM & GODKIN LLP
1 Marina Park Dr., Ste. 1410
Boston, MA 02210
Telephone: (617) 307-6100
(617) 307-6131
Defendant-Appellee JPMORGAN CHASE & CO. is represented by:
Keri L. Engelman, Esq.
Anna K. Perocchi, Esq.
MORGAN LEWIS & BOCKIUS LLP
1 Federal St.
Boston, MA 02110
Telephone: (617) 341-7700
(617) 341-7904
KETTLE AND FIRE: Walker Sues Over Products' False Protein Labels
----------------------------------------------------------------
LAUREN WALKER, individually and on behalf of all others similarly
situated, Plaintiff v. KETTLE AND FIRE INC., Defendant, Case No.
1:25-cv-06568 (E.D.N.Y., November 25, 2025) is a class action
against the Defendant for violation of the New York General
Business Law, breach of express warranty, and unjust enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its bone broth
products. According to the complaint, the Defendant prominently
labels its bone broth products with the specific amount of protein
per serving on the products' front labels and/or in the Nutrition
Fact Panel (NFP). However, the Defendant grossly overstates the
bioavailable protein content in each of the products by calculating
the percent daily value of protein (%DV) using a less accurate
method that fails to account for protein quality. The Defendant's
unlawful and misleading protein claims caused the Plaintiff and
members of the Class to pay a price premium for the products, suit
says.
Kettle and Fire Inc. is a manufacturer of consumer food products,
with its principal place of business in Austin, Texas. [BN]
The Plaintiff is represented by:
Russell Busch, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
11 Park Place, 3rd Floor
New York, NY 10007
Telephone: (919) 926-7948
Email: rbusch@brysonpllc.com
- and -
Melissa S. Weiner, Esq.
Ryan M. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue S., Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0600
Facsimile: (612) 389-0610
Email: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Nick Suciu, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (616) 678-3180
Email: nsuciu@brysconpllc.com
- and -
Trenton R Kashima, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
19800 MacArthur Blvd., Suite 270
Irvine, CA 92612
Telephone: (212) 946-9389
Email: tkashima@brysonpllc.com
NATIONAL GRID: Nightingale Appeals Renewed Class Cert. Ruling
-------------------------------------------------------------
ROBERT NIGHTINGALE is taking an appeal from a court order denying
its renewed motions for class certification in the lawsuit entitled
Robert Nightingale, individually and on behalf of all others
similarly situated, Plaintiff, v. National Grid USA Service
Company, Inc., et al., Defendants, Case No. 1:19-cv-12341-NMG, in
the U.S. District Court for the District of Massachusetts.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Suffolk County Superior Court to the
U.S. District Court for the District of Massachusetts, is brought
against the Defendants for illegal efforts to collect consumer
debts in violation of the Massachusetts Consumer Protection Act and
the Massachusetts Debt Collection Regulations.
On Dec. 16, 2022, the Plaintiff filed a motion to certify class,
which Judge Nathaniel M. Gorton denied on Apr. 6, 2023.
On Oct. 11, 2024, the Plaintiff filed a renewed motion to certify
class, which Judge Gorton denied on Feb. 12, 2025.
The Court ruled that the Plaintiff failed to satisfy the
predominance requirement thus class certification is unwarranted.
On Nov. 3, 2025, Judge Gorton entered judgment on the Plaintiff's
Individual Chapter 93A Claim.
The appellate case is captioned Robert Nightingale v. National Grid
USA Services Company Inc., et al., Case No. 25-2121, in the United
States Court of Appeals for the First Circuit, filed on November
25, 2025. [BN]
Plaintiff-Appellant ROBERT NIGHTINGALE, individually and on behalf
of all others similarly situated, is represented by:
Sergei Lemberg, Esq.
Joshua Markovits, Esq.
Stephen Taylor, Esq.
LEMBERG LAW LLC
43 Danbury Rd.
Wilton, CT 06897
Telephone: (203) 653-2250
Defendants-Appellees NATIONAL GRID USA SERVICE COMPANY, INC., et
al. are represented by:
Diana A. Balluku, Esq.
Angela C. Bunnell, Esq.
David G. Thomas, Esq.
GREENBERG TRAURIG LLP
1 International Pl., Ste. 2000
Boston, MA 02110
Telephone: (857) 313-3924
NEUROMONITORING ASSOCIATES: Fails to Pay Overtime Wages, Chua Says
------------------------------------------------------------------
Rachel Chua, individually and on behalf of all others similarly
situated, Plaintiff, v. NEUROMONITORING ASSOCIATES, LLC, Defendant,
Case No. 2:25-cv-02266 (D. Nev., November 17, 2025) seeks to
recover overtime pay from Defendant pursuant to the Fair Labor
Standards Act.
From approximately March 2023 to May 2024, the Plaintiff was
employed by Defendant as a Neurotechnologist (NT). Allegedly, the
Defendant suffered and permitted Plaintiff and the similarly
situated NTs to work more than 40 hours per week without overtime
pay.
Headquartered in Las Vegas, NV, NMA is a privately-held corporation
that provides intraoperative neuromonitoring services to over 500
surgeons in hospitals across 26 states. [BN]
The Plaintiff is represented by:
Leah L. Jones, Esq.
Joshua D. Buck, Esq.
THIERMAN BUCK LAW FIRM
325 W. Liberty Street
Reno, NV 89501
Telephone: (775) 284-1500
Facsimile: (775) 703-5027
E-mail: leah@thiermanbuck.com
josh@thiermanbuck.com
- and -
Rachanna T. Srey, Esq.
Anna P. Prakash, Esq.
Caitlin L. Opperman, Esq.
NICHOLS KASTER, PLLP
80 South 8th Street
4700 IDS Center
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: srey@nka.com
aprakash@nka.com
copperman@nka.com
NYC SPECIAL: Faces Tecun Wage-and-Hour Suit in E.D.N.Y.
-------------------------------------------------------
DANIEL QUINO TECUN, ARIEL LIZANDRO SEN VELASQUEZ, FRANCISCO PICHOL
CALEL, PEDRO SALVADOR MORAN MARTINEZ, RAFAEL QUINDIL COCHA, and
TIRSA M. REYES, individually and on behalf of all others similarly
situated, Plaintiffs v. NYC SPECIAL CONTRACTORS INC., and DENIS
PORTAEV, Defendants, Case No. 1:25-cv-06562 (E.D.N.Y., November 25,
2025) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
failure to pay overtime wages, failure to pay minimum wages,
failure to pay wages on a weekly basis, failure to provide wage
notice, and failure to provide accurate wage statements.
The Plaintiffs worked for the Defendants as carpenters at any time
between 2023 and 2025.
NYC Special Contractors Inc. is a construction firm located in
Brooklyn, New York. [BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
OPENAI INC: Woodard Files Suit Over Data Breach
-----------------------------------------------
JON WOODARD, individually, and on behalf of all others similarly
situated, Plaintiff vs. OPENAI, INC., MIXPANEL, INC., Defendants,
Case No. 3:25-cv-10301 (N.D. Cal., December 1, 2025) is a class
action seeking monetary damages and injunctive and declaratory
relief arising from Defendants' failure to safeguard the Personally
Identifiable Information ("PII" or "Private Information") of
Plaintiff and Class Members.
The complaint relates that the Plaintiff and Class Members relied
on Defendants to keep their PII confidential and securely
maintained, to use this information for business purposes only, and
to make only authorized disclosures of this information. By
obtaining, collecting, and storing Plaintiff's and Class Members'
PII, Defendants assumed legal and equitable duties and knew or
should have known that it was responsible for protecting
Plaintiff's and Class Members' PII from disclosure.
However, the Defendants confirmed experiencing a data breach in
November 2025 that exposed, at the minimum, the names, email
addresses, locations, operating system and browsers utilized,
referring websites, and User IDs (the "Data Breach") of users. The
Defendant failed to use reasonable security procedures and
practices appropriate to the nature of the sensitive, unencrypted
information it was maintaining for Plaintiff and the Class Members,
the complaint asserts.
As a direct and direct an proximate result of Defendants' conduct,
the Plaintiff and the Class have suffered and will suffer injury,
including but not limited to: (i) the actual misuse of their
compromised PII; (ii) invasion of privacy; (iii) lost or diminished
value of PII; (iv) lost time and opportunity costs associated with
attempting to mitigate the actual consequences of the Data Breach;
(v) loss of benefit of the bargain; (vi) an increase in spam calls,
texts, and/or emails; (vii) the continued and certainly increased
risk to their PII; (vii) future costs in terms of time, effort and
money that will be expended to prevent, detect, contest, and repair
the inevitable and continuing consequences of compromised PII for
the rest of their lives; (ix) the present value of ongoing credit
monitoring and identity defense services necessitated by
Defendants' Data Breach; (x) the value of the unauthorized access
to their PII permitted by Defendants; and (xi) any nominal damages
that may be awarded, says the suit.
Plaintiff Jon Woodard is a citizen of California who utilizes the
products offered by Defendant OpenAI, Inc.
Defendant, OpenAI, Inc. develops and licenses artificial
intelligence models and related technologies.
Defendant, Mixpanel, Inc. provides analytics platforms that collect
and evaluate user-interaction data to help businesses measure
product usage, understand customer behavior, and make data-driven
decisions.[BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
468 N. Camden Dr.
Suite 200
Beverly Hills, CA 90210
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
- and -
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
Brandon P. Jack, Esq.
EMERY | REDDY, PC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: 916-823-6955
E-mail: anderson@emeryreddy.com
gregory@emeryreddy.com
brandon@emeryreddy.com
ORACLE CORP: Fails to Protect Clients' Personal Info, Valdes Says
-----------------------------------------------------------------
IVONNE VALDES, individually and on behalf of all others similarly
situated, Plaintiff v. ORACLE CORPORATION and SCHNEIDER ELECTRIC
USA, INC., Defendants, Case No. 1:25-cv-01928 (W.D. Tex., November
25, 2025) is a class action against the Defendants for negligence,
breach of implied contract, invasion of privacy, and unjust
enrichment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within their
network systems following a data breach. The Defendants 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.
Oracle Corporation is a multinational technology and enterprise
software firm based in Austin, Texas.
Schneider Electric USA, Inc. is an energy technology firm
headquartered in Boston, Massachusetts. [BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: raina@straussborrelli.com
- and -
Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parkes Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwella@stranchlaw.com
OUTDOOR VOICES: Williams Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
EDWIN WILLIAMS, on behalf of himself and all others similarly
situated, Plaintiff, v. OUTDOOR VOICES, INC., Defendant, Case No.
1:25-cv-09579 (S.D.N.Y., November 17, 2025), accuses the Defendant
of violating the Americans with Disabilities Act, the New York
State Human Rights Law, the New York City Human Rights Law, and the
New York State Civil Rights Law.
Plaintiff, a legally blind, attempted to access Defendant's website
using screen-reading software but encountered multiple access
barriers that prevented meaningful engagement with its services.
Accordingly, Plaintiff now brings this civil action against
Defendant for their failure to design, construct, maintain, and
operate the Defendant's website to be fully accessible to and
independently usable by Plaintiff and other blind or visually
impaired people.
Headquartered in Austin, TX, Outdoor Voices operates as a retailer
of activewear and lifestyle apparel. [BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: rschonfeld@employeejustice.com
PACIFIC MOUNTAIN: Hernandez Labor Suit Removed to C.D. Calif.
-------------------------------------------------------------
The case ARACELI L. HERNANDEZ, individually and on behalf of all
others similarly situated v. PACIFIC MOUNTAIN LOGISTICS, LLC, et
al., Case No. CIVSB2504719, was removed from the Superior Court of
San Bernardino to the United States District Court for the Central
District of California on November 14, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 5:25-cv-03054-KK-SP to the proceeding.
The suit is brought against the Defendants for alleged violations
of California Labor Code.
Pacific Mountain Logistics, LLC is a third-party logistics services
provider based in California. [BN]
The Defendants are represented by:
Damian Moos, Esq.
SCOPELITIS GARVIN LIGHT HANSON AND FEARY LLP
2 North Lake Avenue, Suite 560
Pasadena, CA 91101
Telephone: (949) 800-8601
Facsimile: (626) 795-4790
Email: dmoos@scopelitis.com
PEPPERDINE UNIVERSITY: Appeals Interlocutory Order in Pinzon Suit
-----------------------------------------------------------------
PEPPERDINE UNIVERSITY is taking an appeal from a court order
granting in part and denying in part its motion for interlocutory
appeal in the lawsuit entitled Joseph Pinzon, et al., individually
and on behalf of all others similarly situated, Plaintiffs, v.
Pepperdine University, Defendant, Case No. 2:20-cv-04928, in the
U.S. District Court for the Central District of California.
On Jan. 6, 2023, the Defendant filed a motion for summary judgment,
which Judge Dolly M. Gee granted in part and denied in part on Mar.
7, 2023.
On Mar. 13, 2024, the Defendant filed a motion for reconsideration
of the Mar. 7, 2023 Order, which Judge Gee denied on Mar. 31,
2025.
On May 7, 2025, the Defendant filed a motion to certify an appeal,
which Judge Gee granted in part and denied in part on Oct. 6, 2025.
The Court certifies for interlocutory appeal its Order on
Pepperdine's motion for reconsideration. Because the Court grants
certification of its Order, the Court also grants Pepperdine's
motion to stay the case pending interlocutory appeal.
The appellate case is entitled Pinzon, et al. v. Pepperdine
University, Case No. 25-7369, in the United States Court of Appeals
for the Ninth Circuit, filed on November 21, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on November 26,
2025;
-- Appellant's Appeal Transcript Order was due on December 4,
2025;
-- Appellant's Appeal Transcript is due on January 5, 2026;
-- Appellant's Opening Brief is due on February 6, 2026; and
-- Appellee's Answering Brief is due on March 6, 2026. [BN]
Plaintiffs-Appellees JOSEPH PINZON, et al., individually and on
behalf of all others similarly situated, are represented by:
Carney Richard Shegerian, Esq.
SHEGERIAN & ASSOCIATES
320 North Larchmonth Boulevard
Los Angeles, CA 90004
- and -
Christopher R. Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO, LLP
301 N. Lake Avenue, Suite 920
Pasadena, CA 91101
- and -
Daniel Kurowski, Esq.
HAGENS BERMAN SOBOL SHAPIRO, LLP
455 N. Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
- and -
Steve Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO, LLP
1301 2nd Avenue, Suite 2000
Seattle, WA 98101
Defendant-Petitioner PEPPERDINE UNIVERSITY is represented by:
Vito Anthony Costanzo, Esq.
Kristina Starr Azlin, Esq.
Stacey Hsiang Chun Wang, Esq.
HOLLAND & KNIGHT, LLP
400 S. Hope Street, 8th Floor
Los Angeles, CA 90071
- and -
Qian Shen, Esq.
HOLLAND & KNIGHT, LLP
787 7th Avenue, 31st Floor
New York, NY 10019
- and -
David R. Sugden, Esq.
CALL & JENSEN, APC
610 Newport Center Drive, Ste. 700
Newport Beach, CA 92660
PERSANTE HEALTH: Bradford Files Suit Over Data Breach
-----------------------------------------------------
DANNY BRADFORD, On behalf of himself and all others similarly
situated, Plaintiff v. PERSANTE HEALTH CARE, INC. and DOES 1
through 20, Defendants, Case No. 1:25-cv-18107 (D.N.J., December 2,
2025) is a class action against the Defendants for failure to: (i)
adequately protect the personally identifiable information ("PII")
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 PII
using reasonable and effective security procedures free of
vulnerabilities and incidents.
The complaint relates that former and current Persante customers,
patients, and employees are required to entrust Defendant with
sensitive, non-public PII. By obtaining, collecting, using, and
deriving a benefit from the PII of Plaintiff and Class Members, the
Defendant assumed legal and equitable duties to those individuals
to protect and safeguard that information from unauthorized access
and intrusion.
According to the complaint, on January 23 and January 28, 2025,
there was unauthorized access to Defendant's systems that allowed
unauthorized third party access. The accessed data contained
patient names alongside Social Security numbers, dates of birth,
dates of medical services, medical diagnosis information, physician
or medical facility information, medical condition or treatment
information, medical record number and Medicare or Medicaid
numbers. On November 26, 2025, the Defendant began mailing letters
to potentially impacted patients and individuals. Until this
Notice, Plaintiff and Class Members were unaware that their
sensitive PII had been compromised, and that they were, and
continue to be, at significant risk of identity theft and various
other forms of personal, social, and financial harm.
As a result, the PII of Plaintiff and Class Members was compromised
through disclosure to an unknown and unauthorized third party.
Defendant's conduct amounts at least to negligence and violates
federal and state statutes, asserts the complaint.
Plaintiff and Class Members have a continuing interest in ensuring
that their information is and remains safe, and they should be
entitled to injunctive and other equitable relief, the complaint
states. Accordingly, the Plaintiff seeks to remedy these harms and
prevent any future data compromise on behalf of himself and all
similarly situated persons whose personal data was compromised and
stolen as a result of the Data Breach and which remains at risk due
to Defendant's inadequate data security practices.
Plaintiff Danny Bradford and Class Members are current and former
patients and customers who used Defendant for health care related
services.
Defendant Persante Health Care, Inc. is based in Mt. Laurel, New
Jersey and provides healthcare services, including those related to
sleep health.
Does 1 through 20 are the defendants with fictitious names.[BN]
The Plaintiff is represented by:
Jack Spitz, Esq.
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
8 Campus Drive, Suite 105 PMB#161
Parsippany, NJ 07054
Telephone: 212-532-1091
E-mail: jspitz@sirillp.com
tbean@sirillp.com
- and -
Jason M. Wucetich, Esq.
WUCETICH & KOROVILAS LLP
222 North Sepulveda Boulevard
Suite 2000
El Segundo, CA 90245
Telephone: (310) 335-2001
Facsimile: (310) 364-5201
E-mail: jason@wukolaw.com
PERSANTE HEALTH: Bushman Files Suit Over Data Breach
----------------------------------------------------
THOMAS BUSHMAN, on behalf of himself and all others similarly
situated, Plaintiff v. PERSANTE HEALTH CARE, INC., Defendant, Case
No. 1:25-cv-18126 (D.N.J., December 3, 2025) is a class action
against the Defendant for failing to adequately protect the
Plaintiff's and the Class' sensitive information, failing to
adequately notify them of the breach, and, by obfuscating the
nature of the breach, violating state and federal law and harming
thousands of its current and former patients.complaint
The complaint relates that the Defendant required Plaintiff to
provide his Sensitive Information including but not limited to his
Social Security Number, date of birth, date of medical service,
medical service, medical diagnosis information, individual health
insurance policy number, physician or medical facility information,
and medical condition or treatment information to obtain treatment
and care. Subsequently, the Defendant discovered that "an unknown
actor gained unauthorized access to its network between January 23
and 28, 2025 and potentially accessed or acquired certain files.
The cybercriminals that obtained Plaintiff's and Class Members'
Sensitive Information appear to be the notorious cybercriminal
group "INC Ransomware gang."
On November 26, 2025, eleven months after the Data Breach first
occurred, the Defendant finally began formal notification of the
Data Breach to Class Members. The complaint asserts that the
Defendant deprived Plaintiff of the earliest opportunity to guard
himself against the Data Breach's effects by failing to promptly
notify him. The Defendant offered several months of complimentary
credit monitoring services to victims, which does not adequately
address the lifelong harm that victims will face following the Data
Breach. Indeed, the breach involves personally identifying
information that cannot be changed, such as Social Security
numbers.
The Plaintiff alleges that he has suffered imminent and impending
injury arising from the substantially increased risk of fraud,
identity theft, and misuse resulting from his Sensitive Information
being placed in the hands of unauthorized third parties and
possibly criminals.
In addition to injunctive relief, the Plaintiff, on behalf of
himself and the other members of the Class, also seeks compensatory
damages for Defendant's invasion of privacy, which includes the
value of the privacy interest invaded by Defendant, the costs of
future monitoring of their credit history for identity theft and
fraud, plus prejudgment interest and costs.
Plaintiff Thomas Bushman is a former patient and is a data breach
victim.
Defendant Persante Health Care, Inc. provides healthcare services,
including those related to sleep health.[BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
- and -
Raina Borelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
PREMIUM BRANDS: Merrick Fraud Suit Removed to W.D. Wash.
--------------------------------------------------------
The case JILL MERRICK, individually and on behalf of all others
similarly situated v. PREMIUM BRANDS OPCO LLC, Case No.
25-00002-29969-4 SEA, was removed from the Superior Court of King
County to the United States District Court for the Western District
of Washington on November 14, 2025.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:25-cv-02291-JNW to the proceeding.
The suit is brought against the Defendant for alleged fraud
claims.
Premium Brands Opco LLC is a retail company based in California.
[BN]
The Defendant is represented by:
Meegan B. Brooks, Esq.
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP (SF)
100 Pine St., Ste. 3100
San Francisco, CA 94111
Telephone: (628) 600-2250
Email: mbrooks@beneschlaw.com
PROGRESS SOFTWARE: George Files Suit Over Data Breach
-----------------------------------------------------
LAQUESHA GEORGE and MEGAN MCCLENDON, Plaintiffs v. PROGRESS
SOFTWARE CORPORATION and COMMONSPIRIT HEALTH, Defendants, Case No.
1:25-cv-13626 (D. Mass., December 1, 2025) is a class action
seeking injunctive relief to redress the injuries and harm,
including, but not limited to, requiring Progress and CommonSpirit
to take steps to monitor for, protect, and/or prevent misuse of
their private information accessed by cybercriminals in a data
breach, as well as enact adequate data privacy/security practices.
The complaint relates that Plaintiff George is a current patient at
CHI - NE ("CHI"), a subsidiary of CommonSpirit. CommonSpirit
contracted with Welltok on behalf of CHI to operate an online
contract-management platform that enables healthcare clients to
provide patients and members with important notices and
communications for CHI Health - NE.
The complaint alleges that at the time that Progress discovered the
Data Breach -- on or May 31, 2023, Welltok, CommonSpirit, CHI and
Virginia Mason were in possession of and/or had stored the
Plaintiffs' Private Information but failed to protect it and,
instead allowed cybercriminal to access it through the Data Breach.
Plaintiffs George and McClendon received a Notice Letter by U.S.
mail addressed to her directly from Welltok, writing on behalf of
CHI and Virginia Mason, dated December 1, 2023, which states that
the following types of Plaintiffs' Private Information may have
been impacted: name and address, date of birth, some clinical
information, patient ID, and health insurance information. The
Notice Letter disclosed that Welltok had been "alerted to an
earlier alleged compromise of Progress's MOVEit Transfer server in
connection with software vulnerabilities made public by the
developer of the MOVEit Transfer tool," on July 26, 2023.
It took Welltok, CommonSpirit, CHI and Virginia Mason over four
months to notify the Plaintiffs of the Data Breach's occurrence,
notes the complaint. In addition to its substantial delay in
notifying the Plaintiffs of the Data Breach, CommonSpirit also put
the burden on the Plaintiffs to prevent any further harm resulting
from the Data Breach by not disclosing the specific Private
Information of the Plaintiffs that was compromised or the specific
actions taken by CommonSpirit in response to the Data Breach.
Instead, the Plaintiffs' Notice Letter simply identified categories
of the Plaintiffs' Private Information that may or may not have
been compromised by the Data Breach.
Moreover, Plaintiff George's Private Information compromised in the
Data Breach has already been misused by cybercriminals for fraud
and identity theft, the complaint alleges. Since the Data Breach,
Plaintiff George started receiving repeated telephone calls and
voicemail messages from an unknown person(s) calling from an
unknown phone number demanding that Plaintiff George confirm her
identity by proving her Private Information. These calls and
voicemail have recently become more threatening in nature, as the
caller has threatened to physically come to Plaintiff George's home
if she does not provide her Private Information to him over the
phone. These calls continued into at minimum October 2024.
In addition, Plaintiff McClendon's Private Information compromised
in the Data Breach has already been circulated on the Dark Web,
adds the complaint. Indeed, Plaintiff McClendon received several
notifications from IDNotify in 2024, most recently on September 23,
2024, reporting that her Private Information was found on the Dark
Web. Plaintiffs George and McClendon have also experienced other
forms of spam and phishing emails, texts, and phone calls on a
daily basis.
Plaintiff Laquesha George is a resident and citizen of the state of
Nebraska and resides in Omaha, Nebraska.
Plaintiff Megan McClendon is a resident and citizen of the state of
Washington and resides in Lakewood, Washington.
Defendant Progress Software Corporation produces software for
creating and deploying business applications. It conducted its
principal place of business in Burlington, Massachusetts and has
offices in 16 countries.
Defendant CommonSpirit Health is a non-profit corporation in
Chicago, Illinois formed in 2019 by the merger of Dignity Health
and Catholic Health Systems.[BN]
The Plaintiffs are represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
- and -
E. Michelle Drake, Esq.
BERGER MONTAGUE, PC
1229 Tyler Street, NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
Facsimile: (612) 584-4470
E-mail: emdrake@bm.net
- and -
Douglas J. McNamara, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue NW, 5th Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: dmcnamara@cohenmilstein.com
- and -
Karen H. Riebel, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 612-339-0981
E-mail: khriebel@locklaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cshaffer@lfsblaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
M. Anderson Berry, Esq.
Brook E. Garberding, Esq.
Gregory Haroutunian, Esq.
EMERY | REDDY, PC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
Facsimile: (206) 441-9711
E-mail: anderson@emeryreddy.com
brook@emeryreddy.com
gregory@emeryreddy.com
PURPOSE POINT: Appeals Denied New Trial Order to 6th Circuit
------------------------------------------------------------
PURPOSE POINT HARVESTING, LLC, et al. are taking an appeal from a
court order denying their motion for new trial in the lawsuit
entitled Luis Gomez-Echeverria, et al., individually and on behalf
of all others similarly situated, Plaintiff, v. Purpose Point
Harvesting, LLC, et al., Defendants, Case No. 1:22-cv-00314, in the
U.S. District Court for the Western District of Michigan.
As previously reported in the Class Action Reporter, the Plaintiffs
bring this action against the Defendants individually and jointly
for violations of the Trafficking Victims Protection
Reauthorization Act (TVPRA), the civil Racketeer Influenced and
Corrupt Organizations (RICO) statute, the Fair Labor Standards Act
(FLSA), and the Michigan Workforce Opportunity Wage Act, and for
compensation under the Michigan Human Trafficking Victims
Compensation Act.
On June 12, 2025, judgment is entered in favor of the Plaintiffs
against the Defendants.
On June 26, 2025, the Defendants filed a motion for new trial,
which Judge Jane M. Beckering denied on Nov. 10, 2025.
The appellate case is entitled Luis Gomez-Echeverria, et al. v.
Purpose Point Harvesting, LLC, et al., Case No. 25-2080, in the
United States Court of Appeals for the Sixth Circuit, filed on
November 25, 2025. [BN]
Plaintiffs-Appellees LUIS GOMEZ-ECHEVERRIA, individually and on
behalf of similarly situated persons, et al. are represented by:
Teresa Hendricks, Esq.
MICHIGAN MIGRANT LEGAL ASSISTANCE PROJECT
648 Monroe, N.W., Suite 318
Grand Rapids, MI 49503
Telephone: (616) 454-5055
- and -
Benjamin Solomon-Schwartz, Esq.
BOIES, SCHILLER & FLEXNER
1401 New York Avenue, N.W., 11th Floor
Washington, DC 20005
Telephone: (202) 237-2727
Defendants-Appellants PURPOSE POINT HARVESTING, LLC, et al., are
represented by:
Robert Anthony Alvarez, Sr., Esq.
AVANTI LAW GROUP
600 28th Street, S.W.
Wyoming, MI 49509
Telephone: (616) 257-6807
SIG SAUER: Schreiber Sues Over Defective P320 Pistols
-----------------------------------------------------
PATRICK SCHREIBER, on behalf of himself and all others similarly
situated, Plaintiff v. SIG SAUER, INC., a Delaware corporation,
Defendant, Case No. 2:25-cv-02303 (W.D. Wash., November 17, 2025)
seeks to hold Sig Sauer responsible for selling defective P320
pistols to consumers through unfair and deceptive practices in
violation of Washington law.
The Plaintiff alleges that Sig Sauer designed the P320 without any
external safety features. Moreover, Sig Sauer also failed to warn
customers about P320's defect. The company has known about the
P320's defect for years but has done nothing to remedy the issue.
Rather, it has actively concealed the Defect from its customers and
the public, says the suit.
Headquartered in Newington, NH, Sig Sauer, Inc. designs,
manufactures, and markets firearms. [BN]
The Plaintiff is represented by:
Amanda M. Steiner, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: asteiner@terrellmarshall.com
- and -
Matthew L. Dameron, Esq.
Clinton J. Mann, Esq.
WILLIAMS DIRKS DAMERON LLC
1100 Main Street, Suite 2600
Kansas City, Missouri 64105
Telephone: (816) 945-7110
Facsimile: (816) 945-7118
Email: matt@williamsdirks.com
cmann@williamsdirks.com
- and -
Todd C. Werts, Esq.
LEAR WERTS LLP
103 Ripley Street
Columbia, MO 65201
Telephone: (573) 875-1991
Facsimile: (573) 279-0024
E-mail: werts@learwerts.com
SITUSAMC HOLDINGS: Clarke Sues Over Data Breach
-----------------------------------------------
MARSHA CLARKE, on behalf of herself and all others similarly
situated, Plaintiff v. SITUSAMC HOLDINGS CORPORATION, Defendant,
Case No. 7:25-cv-09994 (S.D.N.Y., December 2, 2025) is a class
action against the Defendant for its failure to properly secure and
safeguard the personally identifiable information that it collected
and maintained as part of its regular business practices, including
Plaintiff's and Class Members' name and Social Security number
(collectively defined herein as "PII" or "Private Information").
According to the complaint, the Plaintiff and Class Members were
required to give their sensitive and confidential Private
Information to Defendant and its customers as a condition of
receiving services. Defendant retains this information for at least
many years and even after the company relationship has ended.
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.
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. Defendant's conduct amounts at
least to negligence and violates federal and state 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 personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendant's
inadequate data security practices.
Plaintiff Marsha Clarke is a resident and citizen of Douglasville,
Georgia.
Defendant SitusAMC Holdings Corporation is a New York-based real
estate finance services firm.[BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
STONECO LTD: Agrees to Settle Securities Class Suit for $26.75MM
----------------------------------------------------------------
William C. Gendron of ClaimDepot reports that investors who held
StoneCo Ltd. publicly traded common stock between May 27, 2020, and
Nov. 16, 2021, may be eligible to claim a cash payment from a class
action settlement.
StoneCo Ltd. agreed to pay $26.75 million to settle a class action
lawsuit alleging it made false and misleading statements about the
risks and performance of its credit product and misattributed
rising delinquency rates to external factors.
Who can file a claim?
The settlement class includes:
-- Investors who personally purchased or otherwise acquired
StoneCo publicly traded common stock between May 27, 2020, and Nov.
16, 2021
-- Investors whose purchases or acquisitions allegedly damaged
them
Additional details
-- Both individuals and entities can be class members.
-- Authorized representatives may submit claims on behalf of
beneficial owners subject to the requirements of the claim form.
-- Executors, administrators, guardians, legal representatives or
trustees may submit claims on behalf of others and must provide
proof of authority.
-- Investors who held shares only through a mutual fund are not
class members.
How much is the StoneCo payout?
The total settlement fund is $26,750,000. The amount each class
member receives depends on several factors:
-- The number of valid claims filed
-- The number of shares purchased or acquired during the class
period
-- The timing of each investor purchase sale and holding
-- The total recognized losses of all claimants
The settlement administrator will distribute payments on a pro rata
basis according to the court-approved plan of allocation:
-- The estimated average distribution per allegedly damaged share
is approximately $0.12 before deductions for taxes, notice and
administration costs, and attorneys fees and expenses.
-- The estimated average distribution after deductions is
approximately $0.08 per allegedly damaged share.
-- Actual payments may be higher or lower depending on individual
claims and the total number of valid claims.
-- The settlement administrator will calculate each class
member's payment based on the recognized loss amount assigned to
each transaction.
-- Recognized loss amounts depend on purchase and sale timing:
-- For shares sold before Aug. 25, 2021, the recognized loss
is $0.
-- For shares sold between Aug. 25, 2021, and Nov. 16, 2021,
the recognized loss is the lesser of artificial inflation at
purchase minus artificial inflation at sale or out-of pocket-loss.
-- For shares sold between Nov. 17, 2021, and Feb. 14 2022,
the recognized loss is the lesser of artificial inflation at
purchase, purchase price minus the average closing price up to the
sale date or out-of-pocket loss.
-- For shares held as of the close on Feb. 14, 2022, the
recognized loss is the lesser of artificial inflation at purchase
or purchase price minus $15.90.
-- Artificial inflation per share depends on the price at
purchase:
-- May 27, 2020, to Aug. 24 2021: $14.50
-- Aug. 25, 2021, to Aug. 30 2021: $12.67
-- Aug. 31, 2021, to Nov. 16 2021: $9.43
-- If total recognized losses exceed the net settlement fund, the
settlement administrator will reduce payments on a pro rata basis.
-- Class members whose payment would be less than $10 will not
receive a payout.
How to claim a settlement payment
Class members can file a claim online or download, print and
complete the PDF claim form and mail it to the settlement
administrator. The claim deadline is Feb. 17 2026.
Settlement administrator's mailing address: StoneCo Securities
Settlement, c/o Verita Global, LLC, P.O. Box 301135, Los Angeles,
CA 90030-1135
The claims administrator will acknowledge receipt of each class
member's claim form by mail within 60 days of submission. Those who
do not receive acknowledgement should contact the settlement
administrator.
Proof or documentation required to submit a claim
All class members must provide the last four digits of their Social
Security number or full taxpayer identification number. They must
also provide purchase, acquisition and sale information,
including:
-- Trade dates
-- Number of shares purchased, acquired or sold
-- Total purchase, sale or acquisition price
Claimants must provide documentation to support their transactions
in StoneCo common stock. Acceptable proof includes:
-- Broker confirmation slips
-- Broker account statements
-- Authorized statements from a broker containing the
transactional information found in a confirmation slip
-- Other documentation the settlement administrator deems
adequate
Claimants must also provide proof of holdings at the beginning and
end of the relevant periods. Self-generated emails or spreadsheets
are not sufficient.
Payout options
-- Physical check
$26.75 million settlement fund
The $26,750,000 settlement fund includes:
-- Settlement administration costs: Amount not specified
-- Attorneys' fees: Up to $8,025,000
-- Attorneys' expenses: Up to $420,000
-- Payments to eligible class members: Remainder of the fund
Important dates
-- Deadline to opt out: Feb. 6, 2026
-- Deadline to file a claim: Feb. 17, 2026
-- Fairness hearing: Feb. 27, 2026
When is the StoneCo securities class action settlement payout
date?
The settlement administrator will issue payments to eligible class
members after it completes claim processing and the court resolves
any appeals and grants final approval to the settlement.
Why did this class action settlement happen?
The class action lawsuit alleged StoneCo made false and misleading
statements about the risks and profitability of its credit product
and misattributed delinquency trends to outside factors. The
plaintiffs claimed these alleged misstatements caused investors to
purchase or acquire StoneCo shares at artificially inflated
prices.
StoneCo denies all allegations of wrongdoing and liability but
agreed to settle to avoid the risks costs and delays of further
litigation.
Settlement Open for Claims
Award: $0.08 per share after deductions
Deadline: February 17, 2026 [GN]
SYNCHRONOSS TECHNOLOGIES: M&A Probes Proposed Sale to Lumine Group
------------------------------------------------------------------
Class Action Attorney Juan Monteverde with Monteverde & Associates
PC (the "M&A Class Action Firm"), has recovered millions of dollars
for shareholders and is recognized as a Top 50 Firm in the 2024 ISS
Securities Class Action Services Report. The firm is headquartered
at the Empire State Building in New York City and is investigating
Synchronoss Technologies, Inc. (NASDAQ: SNCR) related to its sale
to Lumine Group Inc. Upon completion of the proposed transaction,
Synchronoss shareholders are expected to receive $9.00 per share,
subject to adjustment for transaction expenses. Is it a fair deal?
Visit link for more info
https://monteverdelaw.com/case/synchronoss-technologies-inc/. It is
free and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE EQUAL. Before you hire a law firm, you should
talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders . . .
and we do it from our offices in the Empire State Building. We are
a national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No one is above the law. If you own common stock in the above
listed company and have concerns or wish to obtain additional
information free of charge, please visit our website or contact
Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
Tel: (212) 971-1341
jmonteverde@monteverdelaw.com[GN]
TRIMBLE INC: Peterson Sues Over Unauthorized Clients' Info Access
-----------------------------------------------------------------
JAKE PETERSON, individually and on behalf of all others similarly
situated, Plaintiff v. TRIMBLE INC. and ORACLE CORPORATION,
Defendants, Case No. 1:25-cv-01927 (W.D. Tex., November 25, 2025)
is a class action against the Defendants for negligence, negligence
per se, breach of implied contract, invasion of privacy, unjust
enrichment, and breach of fiduciary duty.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within their
network systems following a data breach. The Defendants 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.
Trimble Inc. is a provider of transportation solutions, with its
principal place of business in Westminster, Colorado.
Oracle Corporation is a multinational technology and enterprise
software firm based in Austin, Texas. [BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: raina@straussborrelli.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parkes Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwella@stranchlaw.com
U.S. ANESTHESIA: Judge Denies Motion to Dismiss Class Action Suit
-----------------------------------------------------------------
Sophie Eydis, writing for Becker's Healthcare, reports that a
federal judge for the U.S. District Court for the Southern District
of Texas denied U.S. Anesthesia Partners' motion to dismiss an
antitrust class action.
The lawsuit, which will now proceed to discovery, was brought on
behalf of a proposed class of patients and alleges USAP engaged in
an acquisition and consolidation strategy that artificially
inflated prices and harmed patients across Texas.
The judge determined the plaintiff plausibly alleged that USAP
"exploited its leverage" in the hospital-only anesthesia services
market, according to a Dec. 4 news release from Gibbs & Bruns LLP.
The ruling comes as a parallel case by the Federal Trade Commission
against USAP resumes after a temporary pause during the federal
government shutdown, according to the release. Both cases arrive
amid growing scrutiny of medical costs and the financial impact of
market consolidation on patients. Becker's has reached out to USAP
for comment and will update this story as more information becomes
available. [GN]
UNITED PARCEL: Fagnani Sues Over Online Store's Access Barriers
---------------------------------------------------------------
MYKAYLA FAGNANI, individually and on behalf of all others similarly
situated, Plaintiff v. UNITED PARCEL SERVICE, INC., Defendant, Case
No. 1:25-cv-09780 (S.D.N.Y., November 25, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the New York 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,
https://www.ups.com/us/en/home, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of
their 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),
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 its website will become and remain accessible to
blind and visually impaired individuals.
United Parcel Service, Inc. is a company that sells online goods
and services 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
VESTCOR INC: Investors Sue Over Significant Financial Losses
------------------------------------------------------------
Benefits Canada reports that Vestcor Inc. is the target of a class
action lawsuit alleging a specific transaction ended up costing a
group of Canadian investors significant financial losses.
"Our legal team is currently evaluating the merits of the lawsuit;
the claims have not been tested in court," the investment
organization said in a statement. "We have confidence in our
practices and have no reason to believe that any Vestcor employees
acted inappropriately."
The class action, filed in British Columbia, alleges an inflated
value of a corporate merger completed in 2024 between Exro
Technologies and SEA Electric. Vestcor, which manages $23.1 billion
in assets for more than 114,000 pension plan members in New
Brunswick, is a majority shareholder in Exro. Net proceeds of the
offering were approximately US$27.85 million.
The court filing argues that the acquisition plan with an
expectation for SEA to produce $200 million in profits in 2024 was
"delusional."
In its statement, Vestcor said the impact of the investments were
"negligible on the overall performance of our clients' portfolios."
The investment organization guaranteed there's no impact to the
monthly pension income of plan members. [GN]
WAKEFIELD & ASSOCIATES: Potter Sues Over Inadequate Data Security
-----------------------------------------------------------------
JANICE POTTER, individually and on behalf of all others similarly
situated, Plaintiff v. WAKEFIELD & ASSOCIATES, LLC, Defendant, Case
No. 1:25-cv-03698 (D. Colo., November 17, 2025) arises out of
Wakefield failures to properly secure, safeguard, encrypt, and/or
timely and adequately destroy Plaintiff's and class members'
sensitive personal identifiable information that it had acquired
and stored for its business purposes.
According to notice letters, the Defendant launched an
investigation into the data breach and confirmed that an
unauthorized actor accessed its system on or before January 17,
2025 and may have copied and exfiltrated certain files containing
Plaintiff's and Class Members' private information. However,
despite learning of the Data Breach on or about said date,
Defendant did not begin sending notices of the data breach until
November 7, 2025.
Accordingly, the Plaintiff brings this action against Defendant for
negligence, breach of implied contract, unjust enrichment, and
declaratory relief, seeking redress for Wakefield's unlawful
conduct.
Headquartered in Fort Tennessee, CO, Wakefield & Associates LLC
offers revenue cycle & collections to healthcare providers. [BN]
The Plaintiff is represented by:
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
E-mail: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
WEST TEXAS: Faces Reyes Suit Over Alleged Private Data Breach
-------------------------------------------------------------
FRANKIE REYES, individually and on behalf of all others similarly
situated, Plaintiff v. WEST TEXAS HEALTH, PLLC, Defendant, Case No.
29613-B (Tex. Cir., 104th Judicial, Taylor Cty., November 17, 2025)
arises from Defendant's failure to safeguard the sensitive
personally identifiable information and protected health
information belonging to its current and former patients.
On or around October 27, 2025, the Defendant was the victim of a
data breach by ransomware group Rhysida. However, Defendant failed
to timely and adequately notify Plaintiff and Class Members of the
data breach. Accordingly, the Plaintiff now brings this action
individually and on behalf of a Nationwide Class of similarly
situated individuals against Defendant for: negligence; negligence
per se; breach of implied contract; and unjust enrichment.
Headquartered in Abilene, TX, West Texas Health, PLLC is a
multi-specialty medical group that offers a range of services
including primary care, specialized imaging like 3D mammography and
ultrasounds, and lab services. [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 -
John J. Nelson, Esq.
MILBERG, PLLC
280 S. Beverly Drive-Penthouse
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 612-4100
E-mail: ostrow@kolawyers.com
WHOOP INC: FDA Warning Letter Anchors Class Action Lawsuit
----------------------------------------------------------
JDSupra reports that a putative class action against Whoop, the
wearable technology company, uses the U.S. Food and Drug
Administration's (FDA) July 2025 warning letter regarding its new
blood pressure product feature as a litigation springboard. The
case shows how misalignment with regulators' expectations can
quickly cascade from agency scrutiny to consumer litigation.
The plaintiff consumer invokes the FDA's position to claim that the
feature renders the product an unauthorized medical device and that
Whoop's promotion of it as part of a premium paid membership
service was unlawful. The plaintiff seeks monetary damages on the
theory that consumers paid more for features that were not legally
marketed and asks the court to halt further promotion of the
blood-pressure functionality.
When a feature falls within a category that the FDA has long and
actively regulated, wellness branding and disclaimers will not
sidestep device requirements. Companies are better served assuming
device status from the outset, defining a precise intended use,
engaging the FDA early, and preparing the appropriate premarket
submission. This posture reduces the risk of enforcement and
follow‑on consumer litigation while preserving a credible path to
market.
The case is Rowe v. Whoop, Inc., No. 3:25-cv-09910 (N.D. Cal. Nov.
18, 2025).
The Lawsuit in Brief
Whoop is a wrist-based wearable and analytics platform focused on
sleep, cardiovascular metrics, strain, and recovery. The WHOOP MG
is the company's latest device -- an upgraded hardware generation
that supports new signal-processing capabilities and expanded
analytics. The MG is available only with the purchase of a WHOOP
Life membership, or Whoop's top-tier membership offering that
unlocks additional insights, specialized analytics modules, and
certain performance and coaching features on top of the standard
subscription. Notably, the MG and Life membership include access to
a daily "Blood Pressure Insights" (BPI) feature that displays
estimated systolic and diastolic ranges on a color‑coded gauge in
the companion WHOOP application.
In the Rowe lawsuit, a California consumer alleges that Whoop
promoted its MG device and Life membership with "medical‑grade"
claims. The complaint ties these representations to the premium
price that Whoop charged for the Life membership tier and asserts
that consumers were misled about both the BPI's capability and
legality. Anchoring its theory in the FDA's July 2025 warning
letter, the complaint alleges that the BPI feature renders the
product a medical device sold without the required premarket
authorization or notification, causing the product to be
adulterated and misbranded under federal law and therefore unable
to be lawfully sold in California.
The pleading advances claims under California's Unfair Competition
Law, False Advertising Law, and Consumer Legal Remedies Act, along
with an unjust enrichment claim. It seeks restitution, damages,
injunctive relief, and attorneys' fees. While the case remains at
an early stage and the allegations are unproven, the regulatory
hook is significant because it links a theory of unlawful deception
to the FDA's stated position and, in doing so, raises litigation
risk for other wearable companies making similar claims without
clearance.
FDA's View of Blood Pressure Features and the Wellness Exception
The FDA's warning letter concludes that Whoop's BPI feature is a
medical device based on intended use as evidenced by its design,
outputs, and marketing. The agency focused on Whoop's own
descriptions of daily systolic and diastolic estimations and on the
user interface that presents results on a gauge with colored target
zones. In the FDA's view, any function that measures or estimates
blood pressure is inherently associated with diagnosing
hypertension and hypotension and is therefore intended for the
diagnosis, cure, mitigation, treatment, or prevention of disease.
On that basis, the FDA deemed the product adulterated for lack of
appropriate premarket authorization and misbranded for lack of
premarket notification.
The Federal Food, Drug, and Cosmetic Act provides that a software
function is not a device if it is intended for maintaining or
encouraging a healthy lifestyle and is unrelated to the diagnosis,
cure, mitigation, prevention, or treatment of a disease or
condition. This is often referred to as the "wellness exception."
Risk is central to the analysis and to the limits of the wellness
exception, which the FDA interprets to apply only to low‑risk
functions that are unrelated to disease diagnosis or treatment. In
its letter to Whoop, the FDA concludes that the wellness exception
does not apply to the BPI feature, explaining that blood‑pressure
estimation is not low risk because inaccurate outputs can cause
harm by falsely reassuring hypertensive users or delaying care for
a condition that often lacks symptoms. The agency also points to
real‑world clinical practice, where home and ambulatory
blood‑pressure monitoring are standard, and to its
long‑standing active regulation of blood‑pressure measurement
devices.
Under the FDA's intended‑use framework, a product's purpose is
determined by the totality of the evidence. The agency infers
objective intent from the feature's design and outputs, its
labeling and marketing, and how a reasonable user would interpret
the interface. Disclaimers and wellness framing do not override
such evidence. In the context of blood pressure features, numeric
estimates are treated as blood‑pressure measurements, and
interface elements that tie results to sleep, recovery, or
performance can further signal disease‑related intent. Broader
market trends reinforce this view. As a prominent example, Apple
obtained 510(k) clearance for a Hypertension Notification Feature
available on select models of the Apple Watch that detects patterns
suggestive of possible high blood pressure.
Following the warning letter, Whoop publicly stated that it
disagrees with the FDA's characterization of the BPI feature and
maintains that it is not intended for diagnosis or treatment. As of
now, Whoop has not recalled any of the MG products, and the BPI
functionality remains accessible to users with an MG wearable and
Life membership.
Practical Implications: Product, Marketing, and Litigation Risk
With wearable innovations advancing rapidly amid consumer
expectations for deeper physiological insights and understandable
pressure to reach the market quickly, moving ahead without
alignment with the FDA's requirements can be counterproductive,
inviting delays, rework, and enforcement action. The Rowe lawsuit
further illustrates that FDA enforcement risk may expose a business
to downstream consumer protection claims.
Taking all these considerations into account, companies developing
blood‑pressure‑related functionality for wearables should:
-- Assume device status and plan for an appropriate premarket
pathway supported by clinical validation, risk controls, and early
engagement with the FDA.
-- Align product design, labeling, and marketing with the
validated intended use.
-- Not rely on disclaimers to reframe disease‑related outputs
as "wellness" features.
-- Expect that FDA enforcement will catalyze private litigation
premised on claims of unlawful marketing and price inflation.
-- Calibrate consumer messaging to match the substantiation and
regulatory status of the product.
Durable commercialization will favor companies that right‑size
claims, keep user interfaces within cleared indications, and
sequence regulatory milestones with launch plans. [GN]
ZENLEADS INC: Masry Sues Over Use of Personal Info Without Consent
------------------------------------------------------------------
OMAR MASRY, VARUN YADAV, EDWARD BRISCOE, JAMES HOLLAND, DON SILAS,
and MATTHEW BOLLINGER, individually and on behalf of all others
similarly situated, Plaintiffs v. ZENLEADS, INC. d/b/a Apollo.io,
Defendant, Case No. _______ (Cal. Super., Alameda Cty., November
13, 2025) is a class action against the Defendant for violations of
California Civil Code, Nevada Right of Publicity Statute, Indiana
Publicity Code, and the Alabama Right of Publicity Act.
The case arises from the Defendant's alleged practice of using
individuals' names and other personal identifying information (PII)
for commercial purposes without first obtaining consent. The
Plaintiffs and the Class seek statutory damages, an injunction, and
other relief for violations of their right of publicity.
Zenleads, Inc., doing business as Apollo.io, is an internet-based
business intelligence platform provider based in California. [BN]
The Plaintiffs are represented by:
S. Chandler Visher, Esq.
268 Bush Street #4500
San Francisco, CA 94194
Telephone: (415) 901-0500
Facsimile: (415) 901-0504
Email: chandler@visherlaw.com
- and -
Brian J. Wanca, Esq.
Wallace C. Solberg, Esq.
Patrick J. Solberg, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Facsimile: (847) 368-1501
Email: bwanca@andersonwanca.com
wsolberg@andersonwanca.com
psolberg@andersonwanca.com
Asbestos Litigation
ASBESTOS UPDATE: J&J Faces Talc Lawsuits in UK
----------------------------------------------
Chloe Hayward, writing bbc.com, reports that a major legal claim
has been filed in the UK against pharmaceutical giant Johnson &
Johnson, accusing the firm of knowingly selling baby powder
contaminated with asbestos.
The claim involves 3,000 people and focuses on internal memos and
scientific reports, which have been seen by the BBC.
The lawsuit - brought by KP Law against Johnson & Johnson (J&J) and
its subsidiary Kenvue Ltd - alleges that J&J was aware as early as
the 1960s that its mineral-based talcum powder contained fibrous
forms of talc, as well as tremolite and actinolite. Both minerals -
when in their fibrous form - are classified as asbestos and linked
to potentially deadly cancers.
The court papers allege that, despite knowing the minerals were
directly linked to cancers, J&J never issued warnings on the
packaging of its baby powder. Instead it launched aggressive
marketing campaigns portraying the powder as a symbol of purity and
safety, the lawsuit claims.
J&J denies the allegation as well as any claims it knowingly sold
baby powder contaminated with asbestos.
A statement from the company said its baby powder "was compliant
with any required regulatory standards, did not contain asbestos,
and does not cause cancer".
The sale of baby powder containing talc stopped in the UK in 2023.
The UK action mirrors extensive litigation in the US, where
multiple lawsuits have been filed and claimants – predominantly
those with mesothelioma and ovarian cancer - have been awarded
billions of dollars in damages. The company has successfully
appealed in some cases.
Lawyers for the claimants estimate damages sought in the UK could
extend to hundreds of millions of pounds and that the claim could
become the largest product liability case in British history.
The claims of links between talcum powder and cancer revolve around
asbestos - a known cause of cancer.
Talc, which was used in J&J talcum powders, is a naturally
occurring mineral that is often mined in close proximity to
deposits of asbestos. It is asbestos minerals in their fibrous
needle-like form that are associated with cancer.
The claim alleges J&J had identified asbestos in its baby powder as
early as the 1960s. One internal document from 1973 allegedly says:
"Our baby powder contains talc fragments classifiable as fiber.
Occasionally sub-trace quantities of tremolite or actinolite are
identifiable…"
J&J referred the BBC to its co-defendant company Kenvue, which said
this letter was discussing how regulation might change and thereby
define talc fibres as asbestos. The firm said that would have been
wrong.
ASBESTOS UPDATE: JM Eagle Revives Case Against Asbestos Law Firms
-----------------------------------------------------------------
David Thomas, writing for reuters.com, reports that plastic pipe
maker JM Eagle has revived its racketeering lawsuit against a
prominent plaintiffs' law firm that lodged hundreds of asbestos
personal injury cases against it.
In an amended complaint, opens new tab against Simmons Hanly Conroy
filed in Chicago federal court, JM Eagle added claims against
Sokolove Law, another law firm that also handles asbestos claims.
The two law firms are operating "a multi-faceted scheme to defraud
that misleads asbestos plaintiffs, state regulators, and asbestos
defendants alike," JM Eagle said in the lawsuit.
The firms and outside lawyers for Simmons Hanly did not immediately
respond to requests for comment. Simmons Hanly is based in Alton,
Illinois, and specializes in asbestos-related mesothelioma claims.
U.S. District Judge Robert Gettleman dismissed JM Eagle's initial
lawsuit in March, finding that the company failed to show that
Simmons Hanly was operating as an enterprise under the Racketeer
Influenced and Corrupt Organizations Act. Gettleman ruled in
September that JM Eagle could amend its claims.
The pipe company's amended lawsuit reiterates its prior allegations
that Simmons Hanly suppressed evidence, used perjured or falsified
testimony and statements, and committed fraud in the course of
recovering billions of dollars from asbestos defendants in
thousands of cases.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***