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C L A S S A C T I O N R E P O R T E R
Friday, December 19, 2025, Vol. 27, No. 253
Headlines
3M COMPANY: Turner Personal Injury Suit Removed to N.D. Ala.
ABBOTT LABORATORIES: Shike Sues Over Unprotected Personal Info
ADVANCE AMERICA: Discloses Personal Info to 3rd Parties, Smith Says
ADVANCED STORES: McCants Sues Over Unlawful Use of Consumer Reports
AGRI STATS: Challenges DOJ's Attempt to Bypass Class Action Lawsuit
ALEXANDER & BALDWIN: M&A Investigates Proposed Sale to MW Group
ALEXANDRIA REAL: Faruqi & Faruqi Reminds of Jan. 26 Deadline
ALVOTECH SA: Rosen Law Investigates Potential Securities Claims
ANDERSON BROTHERS: Loses Bid to Dismiss "Monroe" Overdraft Fee Suit
APPLE INC: Faces Class Suit Over Falsely Advertised Digital Content
ARAMARK CORP: Fails to Provide Prisoners With Free Food, Smith Says
ASHLEY HOMESTORE: Agrees to Settle Pricing Class Suit for $750,000
ATMA BEAUTY: Refuses to Cover COVID-19 Business Losses, Suit Says
ATRIUM CENTERS: Fails to Safeguard Info, Shawanokasic Alleges
AVANTOR INC: Pontiac Retirement System Sues Over Share Price Drop
AW DISTRIBUTING: Wins Dismissal of "Kendrick"
BIOPTIMIZERS USA: Blind Users Can't Access Website, Thorne Claims
BRISTOL-MYERS SQUIBB: Appeals Doherty Suit Dismissal to 2nd Circuit
BYHEART INC: Infant Formula "Contaminated," Rachwal Suit Alleges
COMFRT LLC: Faces Slavin Suit Over Deceptive Marketing Emails
COMMUNITY PSYCHIATRY: Agrees to Settle Data Breach Suit for $3.5MM
COVANTAGE CREDIT: Spencer Balks at Unlawful Personal Info Access
CRAWFORD UNITED: M&A Investigates Sale to SPX Enterprises
CYTEC ENGINEERED: Fuimaono Wage-and-Hour Suit Removed to C.D. Cal.
DAKOTA EYE: Fina OK Hearing of $1MM Data Breach Suit Set Jan. 12
EMPIRE CONTRACTORS: Court Drops Class Action in Apex Fee Dispute
FORD MOTOR: Dealers Sue Over Warranty Reimbursement Shortfalls
FORD MOTOR: Lunawadawala Sues Over Vehicle's Missing Sensing System
FREEPORT-MCMORAN INC: Bids for Lead Plaintiff Naming Due Jan. 12
FRESNO, CA: Faces Class Suit Over Policies for Unhoused Individuals
GAUZY LTD: Bids for Lead Plaintiff Appointment Due February 6
GAUZY LTD: Faces Class Action Lawsuit Over Securities Fraud
GIGGLE LLC: Fava Personal Injury Suit Removed to S.D. Fla.
HELLO SUGAR: Aids 3rd Parties to Access Customers' Personal Info
HORMEL FOODS: Rosen Law Investigate Potential Securities Claims
HYPERTENSION NEPHROLOGY: Settles Data Breach Suit for $625,000
INTEGER HOLDINGS: Bids for Lead Plaintiff Appointment Due Feb. 9
KARS4KIDS INC: Faces New Class Suit Alleging Donor Deception
KENVUE INC: M&S Investigates Proposed Sale to Kimberly-Clark
KK BAKERY: Appeals Court Judgment in Chaney Suit to 2nd Circuit
LEGO BRAND: Huston Wage-and-Hour Suit Removed to C.D. Calif.
LOVEPOP INC: Faces TCPA Class Action Over Holiday Text Messages
MARQUIS SOFTWARE: Suit Balks at Unauthorized Personal Info Access
MORRIS MOHAWK: Court Denies CEO's Bid to Dismiss "Woods"
NASHVILLE, TN: Faces Scott Suit Over Civil Rights Violations
NEUHAUS INC: Fagnani Seeks Equal Website Access for the Blind
NIDEC CORP: Rosen Laws Probes Potential Securities Claims
OKLAHOMA SPINE: Agrees to Settle 2024 Data Breach Suit for $1.1MM
ORACLE CORP: Fails to Protect Sensitive Data, Nance Alleges
ORACLE CORP: Torrente Sues Over Failure to Secure Personal Info
PACHECO GROUP: Marino Balks at Property's Architectural Barriers
PERSANTE HEALTH: Raices Sues Over Unauthorized Personal Info Access
PLANT PROGRAM: T.F. Sues Over Deceptive Seltzer Ad
R&L CARRIERS: Vazquez Appeals Amended Suit Dismissal to 9th Circuit
REPUBLIC WASTE: Rodriguez Labor Suit Removed to C.D. Calif.
RIDGE TOOL: Madonna Class Suit Removed to D.N.J.
ROCKY MOUNTAIN: Agrees to Settle 2024 Data Breach Class Action
SAFECO INSURANCE: Fennell Appeals Suit Dismissal to 6th Circuit
SITUSAMC HOLDINGS: Faces Lewis Suit Over Data Breach
SMC CORP: Fails to Protect Personal, Health Info, Paxson Says
SUPERGOOP LLC: Faces Senior Suit Over Blind-Inaccessible Website
TANDEM DIABETES: Rosen Law Probes Potential Securities Claims
TARGET CORP: Norman Labor Suit Removed to C.D. Calif.
TEXAS: Ten Commandments Displays in School, "Unconstitutional"
UNITED STATES: Bid for Prelim Injunction in "Molina" Partly Denied
UNITED STATES: Ortiz Seeks Review of Final Determination of Claims
UNIVERSITY OF PHOENIX: Peterson Balks at Unprotected Personal Info
VENEZUELA: Appeals Stock Purchase Agreement Order to 3rd Circuit
VENEZUELA: Citgo Appeals Stock Purchase Agreement Order to 3rd Cir.
VENEZUELA: Gold Reserve Appeals Stock Purchase Agreement Order
VENEZUELA: Petroleos Appeals Stock Purchase Agreement Court Order
WEL COMPANIES: Fails to Secure Personal Info, Pressley Says
WOOLWORTHS GROUP: Faces Another Class Suit Over Wage Underpayments
Asbestos Litigation
ASBESTOS UPDATE: Kmart May Face Suit Over Contaminated Play Sand
ASBESTOS UPDATE: Vera Sues 3M Co Over Exposure to Asbestos
*********
3M COMPANY: Turner Personal Injury Suit Removed to N.D. Ala.
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The case DONALD TURNER, et al., individually and on behalf of all
others similarly situated v. 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Company, et al., Case No. 01-cv-2025-90328, was
removed from the Circuit Court of Jefferson County, Alabama, to the
United States District Court for the Northern District of Alabama
on September 9, 2025.
The Clerk of Court for the Northern District of Alabama assigned
Case No. 2:25-cv-13564-RMG to the proceeding.
The Plaintiffs seek to hold Tyco and certain other Defendants
liable based on their alleged conduct in designing, manufacturing,
marketing, distributing, and/or selling aqueous film-forming foam
("AFFF") that the Plaintiffs allege caused them personal injuries.
3M Company, formerly known as Minnesota Mining and Manufacturing
Company, is a global science and manufacturing conglomerate based
in Saint Paul, Minnesota. [BN]
The Defendants are represented by:
Gregory M. Taube, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
201 17th Street, NW, Suite 1700
Atlanta, GA 30363
Telephone: (404) 322-6000
Facsimile: (404) 322-6050
Email: greg.taube@nelsonmullins.com
ABBOTT LABORATORIES: Shike Sues Over Unprotected Personal Info
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RENAE SHIKE, individually and on behalf of all others similarly
situated, Plaintiff v. ABBOTT LABORATORIES and ORACLE CORPORATION,
Defendant, Case No. 1:25-cv-01916 (W.D. Tex., November 25, 2025)
arises out of the recent data security incident and data breach
that was perpetrated against Defendants, which held in its
possession certain personally identifiable information of Plaintiff
and other current and former employees of Abbott, the Class
Members.
Oracle stores a litany of highly sensitive personal identifiable
information about Abbott's current and former employees. But such
PII was inadequately protected and thus exposed to cybercriminals
in a data breach. The private information was acquired by the
cyber-criminal gang Cl0p who perpetrated the attack and remains in
the hands of those cyber-criminals.
The Plaintiff brings this class action lawsuit on behalf of those
similarly situated to address Defendants' inadequate safeguarding
of Class Members' private information that it collected and
maintained, and for failing to provide timely and adequate notice
to Plaintiff and other Class Members that their information was
subjected to unauthorized access by a ransomware group and
precisely what type of information was accessed.
Accordingly, the Plaintiff sues Defendants seeking redress for
their unlawful conduct, and asserting claims for: (i) negligence,
(ii) breach of implied contract, and (iii) unjust enrichment.
Abbott Laboratories designs and manufacturers health technologies
spanning diagnostics, medical devices, nutrition and branded
generic medicines.[BN]
The Plaintiff is represented by:
Leigh S. Montgomery, Esq.
ELLZEY KHERKHER SANFORD MONTGOMERY, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
E-mail: lmontgomery@eksm.com
ADVANCE AMERICA: Discloses Personal Info to 3rd Parties, Smith Says
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SHAVON SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. ADVANCE AMERICA, CASH ADVANCE CENTERS, INC.,
Defendant, Case No. 4:25-cv-10353 (N.D. Cal., December 2, 2025) is
a class action against the Defendant for violations of the
Electronic Communications Privacy Act and the California Invasion
of Privacy Act, and invasion of privacy under California's
Constitution.
According to the complaint, the Defendant aids, employs, agrees,
and conspires with third parties, Google, LLC and LogRocket, Inc.,
to intercept Advance America account holders' communications on its
website, www.advanceamerica.net, where they manage and apply for
loans and cash advances, without prior consent. The Defendant
secretly installed tracking technologies on its website which serve
to track and disclose its customers' personal and sensitive
information to third parties, suit says. As a result of the
Defendant's misconduct, the Plaintiff and the Class suffered
damages.
Advance America, Cash Advance Centers, Inc. is a financial services
firm based in Greenville, South Carolina. [BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, PA
50 Main Street, Suite 475
White Plains, NY 10606
Telephone: (914) 874-0710
Facsimile: (914) 206-3656
Email: pfraietta@bursor.com
ADVANCED STORES: McCants Sues Over Unlawful Use of Consumer Reports
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JEMIAH MCCANTS, individually and on behalf of all others similarly
situated, Plaintiff v. ADVANCED STORES COMPANY INC., Defendant,
Case No. 3:25-cv-03370-SEM-DJQ (C.D. Ill., December 1, 2025) is a
class action against the Defendant for violations of the Fair
Credit Reporting Act.
According to the complaint, the Defendant violated the FCRA by,
inter alia, failing to: (i) comply with the FCRA's authorization
requirements in obtaining the permission of the Plaintiff and other
consumers to procure their consumer reports for employment
purposes; (ii) provide copies of consumer reports to the Plaintiff
and other consumers prior to taking adverse employment action
against them based on such reports; and (iii) certify that the
Defendant complied with the FCRA's mandates prior to obtaining
copies of consumer reports referencing the Plaintiff and other
consumers.
Advanced Stores Company Inc. is a retailer based in Springfield,
Illinois. [BN]
The Plaintiff is represented by:
Jayson A. Watkins, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (816) 281-7162
Email: jwatkins@sirillp.com
AGRI STATS: Challenges DOJ's Attempt to Bypass Class Action Lawsuit
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Ann Hess, writing for National Hog Farmer, reports that In response
to the U.S. Department of Justice's request for its case, United
States v. Agri Stats, be considered for the May 4, 2026 trial date
the court has already set in In re Pork, Agri Stats says the
government wants to "leapfrog" the private pork price-fixing cases
and take over the trial date. Agri Stats is asking the court to
reject the DOJ's request, noting the government's case is not trial
ready, suffers from infirmities that must be resolved on summary
judgment, and should proceed to trial once the earlier filed In re
Pork case is resolved.
In a letter to U.S. District Judge John Tunheim, Agri Stats
contends the DOJ's motion is not a "do over" of the summary
judgement briefing in the In re Pork case. "This case seeks to
enjoin Agri Stats' conduct in three putative protein markets, even
though Agri Stats has not offered reports in two of them for six
years. Agri Stats cannot restart these programs on its own, and
there is no evidence that Agri Stats can obtain the data or
customers needed to revive them. As such, this court lacks subject
matter jurisdiction over the pork and turkey claims because there
is no case or controversy, and, in any event, there is no conduct
to enjoin."
Instead, the defendants say the DOJ case is really about broiler
chicken action taken, a subject matter that has not previously been
before the court. Agri Stats argues that allowing the In re Pork
case to languish for months while the DOJ catches up would be
inefficient.
"While Agri Stats does not dispute the public interest in antitrust
enforcement, the government plaintiffs' argument that its case
against Agri Stats is so ‘urgent' that it must skip ahead of
cases brought by actual pork buyers five years earlier to save
those same consumers from ‘high protein prices' strains
credulity."
In court documents filed earlier this month, the DOJ noted the
court's previous admission from transcripts that "a consultation
with the Department of Justice is probably necessary." The DOJ also
contends that scheduling a trial for its case against Agri Stats
before any trial in In re Pork is "practical and necessary for
multiple reasons."
The DOJ filed its original complaint against Agri Stats in
September 2023, alleging the company violated Section 1 of the
Sherman Act. Participating meat processors account for more than
90% of broiler chicken sales, 80% of pork sales and 90% of turkey
sales in the United States.
In the amended complaint filed in November 2023, four additional
attorneys general added Agri Stats' information-sharing scheme
hurts competition, by telling subscribing meat processors how to
use the weekly and monthly reports to weaken competition and
refusing to sell the weekly and monthly reports to meat purchasers,
farmers, workers or consumers.
Agri Stats says the lawsuit threatens "serious harm to American
consumers of chicken, pork and turkey because protein producers
depend upon Agri Stats' reports to help them identify opportunities
to reduce production costs to keep prices low." The firm also notes
the DOJ investigated Agri Stats a decade ago and closed the
investigation after finding no evidence of wrongdoing. [GN]
ALEXANDER & BALDWIN: M&A Investigates Proposed Sale to MW Group
---------------------------------------------------------------
Class Action Attorney Juan Monteverde with Monteverde & Associates
PC (the "M&A Class Action Firm"), a law firm headquartered at the
Empire State Building in New York City, is investigating:
-- Alexander & Baldwin, Inc. (NYSE: ALEX) related to its sale to
MW Group and funds affiliated with Blackrock Real Estate and
DivcoWest. Under the terms of the proposed transaction, Alexander &
Baldwin shareholders are expected to receive $21.20 per share in
cash.
Visit link for more information
https://monteverdelaw.com/case/alexander-baldwin-inc/. It is free
and there is no cost or obligation to you.
-- Dolly Varden Silver Corporation (NYSE: DVS) related to its
merger with Contango Ore, Inc. Under the terms of the proposed
transaction, Dolly Varden shareholders are expected to own 50% of
the combined company.
Visit link for more information
https://monteverdelaw.com/case/dolly-varden-silver-corporation/. It
is free and there is no cost or obligation to you.
-- Destination XL Group, Inc. (NASDAQ: DXLG) related to its merger
with FBB Holdings I, Inc. Under the terms of the proposed
transaction, each share of FBB common stock will be converted to
Destination common stock subject to an exchange ratio.
Visit link for more information
https://monteverdelaw.com/case/destination-xl-group-inc/. It is
free and there is no cost or obligation to you.
-- Applied Therapeutics, Inc. (NASDAQ: APLT) related to its sale
to Cycle Group Holdings Limited. Under the terms of the proposed
transaction, Applied shareholders are expected to receive $0.088
per share in cash plus one non-transferrable contingent value right
entitling the holder to receive potential additional payments under
certain conditions.
Visit link for more info
https://monteverdelaw.com/case/applied-therapeutics-inc/. It is
free and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. 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 company, director or officer 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]
ALEXANDRIA REAL: Faruqi & Faruqi Reminds of Jan. 26 Deadline
------------------------------------------------------------
Faruqi & Faruqi, LLP, a leading national securities law firm, is
investigating potential claims against Alexandria Real Estate
Equities, Inc. ("Alexandria" or the "Company") (NYSE: ARE) and
reminds investors of the January 26, 2026 deadline to seek the role
of lead plaintiff in a federal securities class action that has
been filed against the Company.
Faruqi & Faruqi is a leading national securities law firm with
offices in New York, Pennsylvania, California and Georgia. The firm
has recovered hundreds of millions of dollars for investors since
its founding in 1995. See www.faruqilaw.com.
As detailed below, the complaint alleges that the Company and its
executives violated federal securities laws by making false and/or
misleading statements and/or failing to disclose that: Defendants
provided overwhelmingly positive statements to investors while, at
the same time, disseminating materially false and misleading
statements and/or concealing material adverse facts concerning the
true state of its Long Island City (LIC) property; notably, the
Company's claims and confidence about the leasing value of the LIC
property as a life-science destination aligning with ARE's
Megacampus(TM) strategy.
Alexandria issued a press release on October 27, 2025, reporting
its financial results for the third quarter of 2025. Among other
items, Alexandria reported third quarter earnings that fell short
of analyst expectations, a 5% decline in revenue, and a 7% decline
in adjusted funds from operation. Alexandria also reported a
decline in its average occupancy rate from 94.8% in the prior year
to 91.4%.
Following this news, Alexandria's stock price fell over 19% on
October 28, 2025.
The court-appointed lead plaintiff is the investor with the largest
financial interest in the relief sought by the class who is
adequate and typical of class members who directs and oversees the
litigation on behalf of the putative class. Any member of the
putative class may move the Court to serve as lead plaintiff
through counsel of their choice, or may choose to do nothing and
remain an absent class member. Your ability to share in any
recovery is not affected by the decision to serve as a lead
plaintiff or not.
Faruqi & Faruqi, LLP also encourages anyone with information
regarding Alexandria's conduct to contact the firm, including
whistleblowers, former employees, shareholders and others.
To learn more about the Alexandria Real Estate Equities class
action, go to www.faruqilaw.com/ARE or call Faruqi & Faruqi partner
Josh Wilson directly at 877-247-4292 or 212-983-9330 (Ext. 1310).
Attorney Advertising. The law firm responsible for this
advertisement is Faruqi & Faruqi, LLP (www.faruqilaw.com). Prior
results do not guarantee or predict a similar outcome with respect
to any future matter. We welcome the opportunity to discuss your
particular case. All communications will be treated in a
confidential manner. [GN]
ALVOTECH SA: Rosen Law Investigates Potential Securities Claims
---------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Alvotech (NASDAQ: ALVO) resulting from allegations
that Alvotech may have issued materially misleading business
information to the investing public.
So What: If you purchased Alvotech securities you may be entitled
to compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=15814 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On November 2, 2025, Alvotech issued a press
release entitled "Alvotech Provides Update on the Status of U.S.
Biologics License Application for AVT05." It stated that the " U.S.
Food and Drug Administration (FDA) has issued a complete response
letter (CRL) for Alvotech's Biologics License Application (BLA) for
AVT05, in a prefilled syringe and autoinjector presentations[.]"
Further, the "CRL noted that certain deficiencies, which were
conveyed following the FDA's pre-license inspection of Alvotech's
Reykjavik manufacturing facility that concluded in July 2025, must
be satisfactorily resolved before this BLA for AVT05 can be
approved."
On this news, Alvotech's stock price fell 34% on November 3, 2025,
and nearly 4% on November 4, 2025.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved, at that
time, the largest ever securities class action settlement against a
Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities
Class Action Services for number of securities class action
settlements in 2017. The firm has been ranked in the top 4 each
year since 2013 and has recovered hundreds of millions of dollars
for investors. In 2019 alone the firm secured over $438 million for
investors. In 2020, founding partner Laurence Rosen was named by
law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys
have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
ANDERSON BROTHERS: Loses Bid to Dismiss "Monroe" Overdraft Fee Suit
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In the case captioned as Clara Monroe, on behalf of herself and all
others similarly situated, Plaintiff, v. Anderson Brothers Bank,
Defendant, Case No. 4:25-cv-06007-JD (D.S.C. Florence Div.), Judge
Joseph Dawson III of the U.S. District Court for the District of
South Carolina denied the Defendant's motion to dismiss the Amended
Complaint.
Monroe is a South Carolina resident and an account holder of
Defendant Anderson Brothers Bank. She brings this action under the
Electronic Fund Transfer Act and Regulation E, alleging that
Defendant charged overdraft fees on one-time debit card and ATM
transactions without first obtaining affirmative, informed consent
through a compliant overdraft opt-in disclosure. Defendant is a
South Carolina bank with assets of more than $1.9 billion and
operates 25 branches throughout South Carolina.
The Court found that Regulation E prohibits a financial institution
from assessing any fee on an ATM or one-time debit card transaction
pursuant to its overdraft service unless the consumer first
receives a segregated opt-in notice describing the institution's
overdraft service and affirmatively consents. The required notice
must be substantially similar to Model Form A-9, but the safe
harbor applies only where the notice accurately reflects the
institution's actual overdraft practices. Courts have held that
even a form patterned on Model Form A-9 may be noncompliant if it
obscures or fails to disclose material aspects of the bank's
overdraft methodology and thereby prevents informed consent.
Accepting the well-pleaded allegations as true, as required at this
stage, the Court found that Plaintiff plausibly alleges a violation
of the EFTA and Regulation E. The Amended Complaint alleges that
Plaintiff incurred overdraft fees despite her actual balance never
becoming negative and identifies specific one-time debit card
transactions on which such fees were assessed. These allegations
support a reasonable inference that the Opt-In Form failed to
accurately describe Defendant's methods for determining overdrafts.
Such factual content is sufficient to allege that Defendant did not
obtain the affirmative, informed consent required by Section
1005.17(b)(1).
The Court noted that Plaintiff also alleges that Defendant's Opt-In
Form violates Section 1005.17(b)(1)(i)'s requirement that the
overdraft notice be segregated from all other information.
According to the Amended Complaint, the form incorporates by
reference other account documents and disclosures in a manner that
prevents it from functioning as an independent, standalone notice.
At this stage, the Court must accept Plaintiff's allegations as
true, and those allegations plausibly support a claim that
Defendant's disclosure was not properly segregated.
Defendant argued that its use of language similar to Model Form A-9
entitles it to the safe harbor. However, the safe harbor applies
only when a model clause accurately reflects the institution's
overdraft practices. Plaintiff expressly alleges that Defendant's
form did not do so. At this stage, the Court cannot determine as a
matter of law that the disclosure accurately reflected Defendant's
actual practices. The safe-harbor defense, therefore, cannot
support dismissal. The Court concluded that whether Defendant's
form accurately and clearly described its overdraft service is a
fact-intensive inquiry not appropriately resolved on a motion to
dismiss.
Regarding the unjust enrichment claim, the Court stated that if
Plaintiff ultimately establishes that Defendant lacked authority to
assess those fees, then Defendant's retention of the fees could
plausibly be inequitable. Whether Defendant had lawful authority to
collect overdraft fees depends on whether its Opt-In Form complied
with Regulation E - a question the Court concluded cannot be
resolved at the Rule 12(b)(6) stage. Plaintiff's unjust enrichment
claim is, therefore, not subject to dismissal at this time.
Accordingly, the Court concluded that Plaintiff has plausibly
alleged that Defendant failed to provide the clear, accurate, and
complete opt-in disclosure required by the Electronic Fund Transfer
Act and Regulation E, and that Defendant's safe-harbor and
contractual defenses are not conclusively established on the face
of the Amended Complaint. Defendant Anderson Brothers Bank's Motion
to Dismiss was denied.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=GB6Q1B from PacerMonitor.com
APPLE INC: Faces Class Suit Over Falsely Advertised Digital Content
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Top Class Actions reports that Eddie Guerra filed a class action
lawsuit against Apple Inc.
Why: Guerra claims Apple falsely advertises digital content on its
Apple TV platform as "4K".
Where: The Apple class action lawsuit was filed in California
federal court.
A new class action lawsuit alleges Apple Inc. advertises movies and
other video content for purchase on its Apple TV platform as 4K
(approximately 4,000 pixels) despite downloaded content only being
available in a maximum of 1080 pixels.
Plaintiff Eddie Guerra claims content advertised as 4K on Apple TV
can only be viewed in 4K, if at all, only by streaming the content
over an internet connection and, further, that the license to view
the content is subject to be removed by Apple "at all times."
"Apple does not allow the downloading of 4K content for offline
viewing, despite advertising digital content as 4K at the time of
sale," the Apple class action says.
Guerra wants to represent a nationwide class and California class
of consumers who bought a digital audiovisual work from Apple TV
that was advertised as "4K."
Apple failed to disclose ownership of digital content, class action
alleges
Guerra also argues Apple violates California law by failing to
disclose that consumers who select to "Buy" digital content on
Apple TV are not obtaining unrestricted ownership interest in the
digital good.
Apple is required by law to disclose to consumers who "Buy" the
digital content that they are not actually "purchasing it," but
rather only obtaining a limited license to it, according to the
Apple class action lawsuit.
"Unknown to consumers, Apple has the option and the right to
unilaterally revoke this license, such as if it loses the rights to
any given digital good, such as through a merger with another
company, sale of media and licensing rights, or discontinuation of
its Apple TV service," the Apple class action says.
Guerra argues that Apple’s conduct is misleading and violates
California’s Digital Property Rights Transparency Law, False
Advertising Law, Unfair Competition Law and Consumer Legal Remedies
Act.
The plaintiff demands a jury trial and requests injunctive and
declaratory relief and an award of economic, monetary, actual,
consequential, compensatory, punitive and nominal damages for
himself and all class members.
Two plaintiffs filed a similar class action lawsuit against Audible
earlier this year over claims the company misleads consumers into
thinking they own the audiobooks they purchase.
The plaintiff is represented by Yeremey O. Krivoshey, Brittany S.
Scott and Joel D. Smith of Smith Krivoshey, PC.
The Apple class action lawsuit is Guerra, et al. v. Apple Inc.,
Case No. 5:25-cv-08593, in the U.S. District Court for the Northern
District of California. [GN]
ARAMARK CORP: Fails to Provide Prisoners With Free Food, Smith Says
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ROGER D. SMITH, MARCUS P. MCKINLEY, WILLIAM R. JOHNSON, SANDRA RUSH
and JUDY RIGGS, on behalf of themselves and all others similarly
situated, Plaintiffs v. ARAMARK CORPORATION, ARAMARK CORRECTIONAL
SERVICES, LLC, and UNION SUPPLY GROUP, Defendants, Case No.
2:25-cv-00710 (S.D. W. Va., December 1, 2025) is a class action
against the Defendants for violations of the West Virginia Consumer
Protection Act, common law economic duress and common law unjust
enrichment.
The case arises from Aramark's engagement in a scheme by which it
extorts profits from incarcerated consumers and their loved ones by
failing to provide incarcerated people with adequate, free daily
meals services, so they are driven to purchase commissary food,
meals from Aramark's Fresh Favorites program, or iCare packages. By
doing so, Aramark extracts a profit on both ends; it saves costs on
its daily meals services business by providing less, reused, and
poor-quality food, while earning more money from incarcerated
consumers' purchases from its food-for-purchase programs. The
Plaintiffs and the Class members have been damaged and continue to
be damaged by Aramark's unlawful conduct. They have incurred actual
out-of-pocket losses by purchasing food that people incarcerated at
Mt. Olive should have received for free, and they continue to incur
these losses, suit says.
Aramark Corporation is a national food service company
headquartered in Philadelphia, Pennsylvania.
Aramark Correctional Services, LLC is a wholly owned subsidiary of
Aramark Corporation based in Philadelphia, Pennsylvania.
Union Supply Group is a subsidiary of Aramark Corporation based in
Dallas, Texas. [BN]
The Plaintiffs are represented by:
Lydia C. Milnes, Esq.
Lesley M. Nash, Esq.
MOUNTAIN STATE JUSTICE, INC.
1029 University Ave., Suite 101
Morgantown, WV 26505
Telephone: (304) 326-0188
Facsimile: (304) 326-2040
Email: lydia@msjlaw.org
lesley@msjlaw.org
- and -
Shennan Kavanagh, Esq.
Jennifer Wagner, Esq.
Caroline Cohn, Esq.
National Consumer Law Center
7 Winthrop Square, 4th Floor
Boston, MA 02110
Telephone: (617) 542-8010
Facsimile: (617) 542-8028
Email: skavanagh@nclc.org
jwagner@nclc.org
ccohn@nclc.org
- and -
Rebecca Livengood, Esq.
Stephen Hayes, Esq.
Edward Olds, Esq.
RELMAN COLFAX PLLC
1225 19th Street, N.W., Suite 600
Washington, DC 20036
Telephone: (202) 728-1888
Facsimile: (202) 728-0848
Email: rlivengood@relmanlaw.com
shayes@relmanlaw.com
tolds@relmanlaw.com
ASHLEY HOMESTORE: Agrees to Settle Pricing Class Suit for $750,000
------------------------------------------------------------------
Claim Depot reports that consumers who bought products from a
California Ashley HomeStore operated by Stoneledge Furniture LLC
between March 9, 2017, and March 27, 2022, may qualify to claim a
cash payment and a $35 voucher from a class action settlement.
Stoneledge Furniture LLC agreed to pay $750,000 to settle a class
action lawsuit alleging it advertised inflated "original" or
"regular" prices in its California stores. The lawsuit claimed this
practice violated California’s Unfair Competition Law and
Consumer Legal Remedies Act.
Who can file a claim?
Individuals must meet all of the following criteria:
-- They purchased one or more products from a Stoneledge Furniture
LLC store in California (operating as Ashley HomeStore).
-- They purchased the product(s) between March 9, 2017, and March
27, 2022.
-- The product’s "original price" or "regular price" was at
least $10 higher than the "invoice price."
Stoneledge stores in California operate under the Ashley HomeStore
name so the settlement covers purchases from these locations.
How much can class members get?
Class members who submit a valid and timely claim are eligible for
two types of awards:
-- A cash payment from the net settlement fund
-- A $35 voucher for use at Stoneledge-owned stores
The settlement fund is $750,000, and after deductions for
attorneys’ fees, costs, service awards and administrative
expenses, the settlement administrator will distribute the
remaining amount pro rata among all eligible claimants. The exact
cash payment each class member will receive depends on the total
number of valid claims submitted.
The administrator will donate any uncashed or unclaimed funds to
the National Consumer Law Center as a cy pres recipient.
How to claim an Ashley HomeStore payment
Class members can file online claim form or download, print and
complete the PDF claim form then mail it to the settlement
administrator. The claim deadline is Feb. 10, 2026.
Settlement administrator's mailing address: Cornateanu v.
Stoneledge Furniture LLC, c/o Kroll Settlement Administration LLC,
PO Box 225391, New York, NY 10150-5391
What proof or documentation required to submit a claim?
-- All class members must provide the class member ID from the
settlement notice they received.
-- They must also provide their phone number and email address.
Payout options
-- Electronic transfer (online claims only)
-- Paper check (default payment method)
-- $35 voucher for use at Stoneledge-owned stores (expires within
180 days of issuance)
Settlement fund breakdown
The gross settlement amount is $750,000, but this does not include
voucher costs. The fund includes:
-- Settlement administration costs: Up to $300,000
-- Attorneys' fees and costs: Up to $2,000,000
-- Class representative service payment: To be determined
-- Pro rata payments to eligible class members: Remainder of the
fund
-- Voucher costs: Dependent on number of valid claims
Important dates
-- Deadline to file a claim: Feb. 10, 2026
-- Exclusion deadline: Feb. 10, 2026
-- Final approval hearing: April 8, 2026
When is the Stoneledge Furniture settlement payout date?
The settlement administrator will distribute payments and vouchers
approximately 96 days after the court resolves any appeals and
grants final approval to the settlement.
Why did this class action settlement happen?
The class action lawsuit alleged that Stoneledge Furniture LLC
advertised inflated "original" or "regular" prices in its
California stores, misleading consumers about the true value of
products. The plaintiffs claimed this practice violated
California’s Unfair Competition Law and Consumer Legal Remedies
Act.
Stoneledge denies all allegations and any liability but agreed to
settle to avoid further litigation costs and uncertainty.
Settlement Open for Claims
Award: Pro rata cash payment and $35 voucher
Deadline: February 10, 2026 [GN]
ATMA BEAUTY: Refuses to Cover COVID-19 Business Losses, Suit Says
-----------------------------------------------------------------
Atma Beauty, a full-service salon and spa in Miami Beach, filed a
proposed class action lawsuit against its insurer, HDI Global
Specialty SE, for refusing to cover business interruption losses
incurred due to the COVID-19 pandemic.
The salon, represented by attorneys from Podhurst Orseck PA, argues
that its property insurance policy, which includes business
interruption, extra expense, and civil authority coverage,
obligates the insurer to pay for losses following the Miami-Dade
County closure order.
Crucially, the lawsuit highlights that HDI Global chose not to
include the industry's standard 2006 virus exclusion language in
Atma's policy, a fact the plaintiffs argue invalidates the
insurer's denial of coverage. [GN]
ATRIUM CENTERS: Fails to Safeguard Info, Shawanokasic Alleges
-------------------------------------------------------------
SHANNON SHAWANOKASIC, individually and on behalf of all others
similarly situated, Plaintiff v. ATRIUM CENTERS MANAGEMENT LLC
d/b/a ATRIUM CENTERS, INC., Defendant, Case No.
2:25-cv-01413-ALM-CMV (S.D. Ohio, December 2, 2025) is a class
action against the Defendant for negligence, negligence per se,
breach of implied contract, breach of fiduciary duty, unjust
enrichment, and declaratory judgment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
individuals stored within its network systems following a data
breach between October 8, 2025, and October 12, 2025. The Defendant
also failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
Atrium Centers Management LLC, doing business as Atrium Centers,
Inc., is a skilled nursing provider, with its principal place of
business in Columbus, Ohio. [BN]
The Plaintiff is represented by:
Brian D. Flick, Esq.
Marc E. Dann, Esq.
Marita I. Ramirez, Esq.
DANNLAW
15000 Madison Avenue
Cleveland, OH 44107
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
Email: notices@dannlaw.com
- and -
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
AVANTOR INC: Pontiac Retirement System Sues Over Share Price Drop
-----------------------------------------------------------------
CITY OF PONTIAC REESTABLISHED GENERAL EMPLOYEES' RETIREMENT SYSTEM,
individually and on behalf of all others similarly situated,
Plaintiff v. AVANTOR, INC., MICHAEL STUBBLEFIELD, R. BRENT JONES,
JONATHAN PEACOCK, and STEVEN ECK, Defendants, Case No.
2:25-cv-06686 (E.D. Pa., November 25, 2025) is a class action on
behalf of the Plaintiff and other persons and entities that
purchased or otherwise acquired Avantor common stock between March
5, 2024 and October 28, 2025, inclusive, seeking to recover damages
caused by Defendants' violations of the federal securities laws
under the Securities Exchange Act of 1934 and Rule 10b5 promulgated
thereunder.
Throughout the Class Period, the Defendants misled investors by
failing to disclose that: (a) Avantor had severely underinvested in
its supply chain infrastructure, inventory management systems, and
customer service; (b) this lack of investment caused delayed and
partial order fulfillment of critical lab products for key
customers; (c) these issues resulted in customer attrition and loss
of market share to competitors; (d) as a result of the foregoing,
goodwill assigned to the VWR acquisition was materially overstated;
and (e) Defendants' positive statements about the ABS strategy,
competitive positioning, inventory management, customer service,
and business prospects were materially false, misleading, or lacked
a reasonable basis.
On August 1, 2025, in connection with its second quarter 2025
earnings release, Avantor revealed that maintenance overruns and
subsequent facility downtime at several plants compounded by raw
material availability and equipment uptime issues forced the
Company to defer shipments into the second half of the quarter.
On October 29, 2025, Avantor reported a $712 million net loss for
the third quarter of 2025. The Company further reported a non-cash
goodwill impairment charge of $785 million in connection with its
Lab Solutions segment, which was due in part to the loss of several
large accounts to a major competitor.
Analysts were surprised by these revelations with some questioning
management's credibility. On this news, the price of Avantor common
stock declined $3.50 per share, or 23.2%, to close at $11.58 per
share on October 29, 2025.
As a result of the Defendants' wrongful acts and omissions, and the
significant decline in the market value of the Company's common
stock pursuant to the revelation of the fraud, the Plaintiff and
other members of the Class have suffered significant damages.
Avantor, Inc. is a laboratory supply company based in Radnor,
Pennsylvania.[BN]
The Plaintiff is represented by:
John C. Coyle, Esq.
Francis P. McConville, Esq.
Guillaume Buell, Esq.
Connor C. Boehme, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: jcoyle@labaton.com
fmcconville@labaton.com
gbuell@labaton.com
cboehme@labaton.com
- and -
Cynthia J. Billings-Dunn, Esq.
25800 Northwestern Hwy, Suite 1100
Southfield, MI 48075
Telephone: (248) 746-2747
E-mail: cbdunn@asherkellylaw.com
AW DISTRIBUTING: Wins Dismissal of "Kendrick"
---------------------------------------------
In the case captioned as Michael Kendrick, individually and as
Administrator of the Estate of Jonathan M. Kendrick, and on behalf
of all others similarly situated, Plaintiff, v. AW Distributing,
Inc., et al., Defendants, Case No. 25-cv-2287-JWB (D. Kan.), Chief
United States District Judge John W. Broomes of the United States
District Court for the District of Kansas granted the Defendants'
motion to dismiss and denied as moot the motion to strike the
Plaintiff's Rule 23 class action allegations.
The Plaintiff is the father of Jonathan M. Kendrick and
administrator of Jonathan's estate. He brought this case
individually and on behalf of Jonathan Kendrick's estate. The
Defendants in this case are producers of chemical computer dusters,
which are pressurized aerosol cans that contain the chemical 1-1,
Difluoroethane (DFE), an odorless gas listed as HFC-152a. When
inhaled, DFE causes intense and immediate intoxication. DFE is
highly lipophilic, crosses the blood-brain barrier, directly
affects the central nervous system, stimulates the
gamma-aminobutyric acid (GABA) receptors, and inhibits the
N-methyl-D-aspartate (NMDA) receptors, making it incredibly
addictive. The inhalation of DFE can lead to cardiac arrest.
Jonathan Kendrick first began inhaling computer dusters in 2011.
Even though he was a culinary student, Jonathan's DFE addiction
consumed his life, and he inhaled products manufactured by the
Defendants on a weekly and sometimes daily basis. On September 25,
2022, Jonathan Kendrick was found dead in Room 143 at the Motel 6
in Overland Park, Kansas. Also, 35 cans of computer dusters were in
the room with him when he died, with 27 of those cans being empty.
His official cause of death was acute 1,1-Difluoroethane toxicity.
On September 12, 2024, the Plaintiff filed the present action in
the Western District of Missouri individually, as the administrator
of Jonathan's estate, and on behalf of a class of all other
similarly situated individuals who had been injured or died from
DFE intoxication arising from inhaling DFE-based liquid aerosol. In
his complaint, the Plaintiff alleged 10 counts, including claims
for strict products liability for design defect, failure to warn,
manufacturing defects, negligence, wrongful death, survivorship,
breach of express warranty, and punitive damages.
After serving each Defendant with process, all Defendants filed
joint motions to change venue to the District of Kansas, to dismiss
for failure to state a claim under Federal Rule of Civil Procedure
12(b)(6), and to strike the complaint's Rule 23 class action
allegations. On May 21, 2025, Chief District Judge Beth Phillips of
the Western District of Missouri granted the motion to change venue
and transferred this case to the District of Kansas.
After transfer to this district, the Defendants filed a motion to
stay the case pending a decision from the Tenth Circuit in the case
of Messerli v. AW Distributing, Inc. Magistrate Judge Mitchell
granted the motion to stay on July 31, 2025. After the Tenth
Circuit issued its opinion in the Messerli case on September 3,
2025, the parties agreed that this case should remain stayed
pending the undersigned's decision on the Defendants' motion to
dismiss.
The Court determined that a true conflict exists between Missouri
and Kansas state law. In Kansas, the affirmative defense of
illegality acts as a total bar to recovery, whereas in Missouri,
the affirmative defense can only be used in comparative fault
determinations. When a case is transferred into a federal district
under 28 U.S.C. Section 1404(a) on a motion by the defendant, the
transferee court generally must use the choice-of-law rules that
would have prevailed in the transferor court.
The Court applied Missouri's choice-of-law rules, which follow the
most significant relationship test taken from the Restatement
(Second) of Conflict of Laws Section 145. This test looks at four
factors: (a) the place where the injury occurred, (b) the place
where the conduct causing the injury occurred, (c) the domicile,
residence, nationality, place of incorporation and place of
business of the parties, and (d) the place where the relationship,
if any, between the parties is centered.
The Court found that the state of Kansas has the most significant
relationship to this case. Jonathan Kendrick passed away in
Overland Park, Kansas. The place where conduct causing the injury
occurred was also likely the same hotel in Kansas in which Jonathan
died given the presence of the empty cans at the scene. Regarding
the domicile of all parties, the named Plaintiff is himself a
resident of Johnson County, Kansas. Therefore, Kansas state
substantive law applies to all of the Plaintiff's claims.
Under Kansas law, the illegality defense is a bar to a plaintiff's
recovery. As the Tenth Circuit noted in Messerli v. AW Distrib.,
Inc., 153 F.4th 1077, 1079 (10th Cir. 2025), the illegality defense
exists under Kansas common law, and absent abrogation by the Kansas
Legislature or the Kansas Supreme Court, it is still good law. In a
case with a set of facts that nearly mirrors this case, the Tenth
Circuit held that Kansas' illegality defense was properly applied
when granting a motion to dismiss claims involving the illegal
huffing of DFE.
Given that the facts as pled in the complaint show that Jonathan
intentionally inhaled computer duster and developed an addiction to
the DFE in the Defendants' products and routinely used products
manufactured by each of the Defendants, the Court is bound to apply
the illegality defense as invoked by the Defendants and grant the
motion to dismiss. Given that the complaint is dismissed, the
Defendants' motion to strike the Plaintiff's class action
allegations is rendered moot and thus denied.
Accordingly, the Defendants' motion to dismiss is granted. The
Defendants' motion to strike the Plaintiff's Complaint's Rule 23
Class Action Allegations is denied as moot.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=TOk9nD from PacerMonitor.com
BIOPTIMIZERS USA: Blind Users Can't Access Website, Thorne Claims
-----------------------------------------------------------------
BRAULIO THORNE, individually and on behalf of all others similarly
situated, Plaintiff v. BIOPTIMIZERS USA, INC., Defendant, Case No.
1:25-cv-09975 (S.D.N.Y., December 2, 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://bioptimizers.com/, 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.
Bioptimizers USA, 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
Michael@Gottlieb.legal
Dana@Gottlieb.legal
BRISTOL-MYERS SQUIBB: Appeals Doherty Suit Dismissal to 2nd Circuit
-------------------------------------------------------------------
BRISTOL-MYERS SQUIBB COMPANY, et al. are taking an appeal from a
court order in the lawsuit entitled Charles Doherty, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Bristol-Myers Squibb Company, et al., Defendants,
Case No. 1:24-cv-6628, in the U.S. District Court for the Southern
District of New York.
As previously reported in the Class Action Reporter, the Plaintiffs
bring this action against the Defendants for breach of fiduciary
and co-fiduciary duties, knowing participation in a fiduciary
breach related to an insurance annuity, and prohibited transaction
under the Employee Retirement Income Security Act of 1974.
On Jan. 15, 2025, the Defendants filed motions to dismiss the
consolidated complaint, which Judge Margaret M. Garnett granted in
part and denied in part. The motions to dismiss are granted as to
Counts V, VI, and VII. The motions are denied in all other
respects.
The appellate case is entitled Bristol-Myers Squibb Company v.
Doherty, Case No. 25-3014, in the United States Court of Appeals
for the Second Circuit, filed on December 1, 2025. [BN]
Plaintiffs-Respondents CHARLES DOHERTY, et al., individually and on
behalf of all others similarly situated, are represented by:
Cyril Smith, III, Esq.
ZUCKERMAN SPAEDER LLP
100 East Pratt Street, Suite 2440
Baltimore, MD 21202
- and -
Bryan M. Reines, Esq.
ZUCKERMAN SPAEDER LLP
2100 L. Street, NW, Suite 400
Washington, DC 20037
- and -
Elizabeth Hopkins, Esq.
12123 Laurel Terrace Drive
Studio City, CA 91604
- and -
Susan Meter, Esq.
KANTOR & KANTOR, LLP
9301 Corbin Avenue, Suite 1400
Northridge, CA 91324
- and -
Edward S. Stone, Esq.
EDWARD STONE LAW PC
205 East 42nd Street, Suite 1900
New York, NY 10017
- and -
Jerome Joseph Schlichter, Esq.
SCHLICHTER BOGARD LLC
100 S. 4th Street, Suite 1200
St. Louis, MO 63102
Defendants-Petitioners BRISTOL-MYERS SQUIBB COMPANY, et al. are
represented by:
Christian James Pistilli, Esq.
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
- and -
Alison Douglass, Esq.
GOODWIN PROCTER LLP
100 Northern Avenue
Boston, MA 02210
BYHEART INC: Infant Formula "Contaminated," Rachwal Suit Alleges
----------------------------------------------------------------
KAILEIGH RACHWAL, AMBER STUART, SAMANTHA DE OLIVERIA, and KRISTINA
TORRES, on behalf of themselves and all others similarly situated,
Plaintiffs v. BYHEART, INC., Defendant, Case No. 1:25-cv-10011
(S.D.N.Y., December 2, 2025) is a class action against the
Defendant for violations of the New York General Business Law, the
Connecticut Unfair Trade Practices Act, California's Unfair
Competition Law, California's False Advertising Law, California's
Consumer Legal Remedies Act, and the Massachusetts Unfair and
Deceptive Business Practices Act, and unjust enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of ByHeart Whole
Nutrition Infant Formula cans and Anywhere Packs. According to the
complaint, the Defendant labels the products as "Certified Clean
Ingredients," which led consumers to reasonably believe that the
products they are purchasing are comprised of only clean
ingredients and tested for any contamination. However, the
Defendant was notified by the United States Food and Drug
Administration on November 7, 2025, of an estimated 83 cases of
infant botulism that were reported nationwide since August 2025. Of
these, the FDA also noted that 13 infants received ByHeart formula
at some point. As a result of the Defendant's misrepresentations,
the Plaintiffs and the Class suffered damages.
ByHeart, Inc. is a baby nutrition company, with its principal place
of business in New York, New York. [BN]
The Plaintiffs are represented by:
Frederick J. Klorczyk III, Esq.
KAMBERLAW, LLC
305 Broadway, Suite 713
New York, NY 10007
Telephone: (646) 964-9604
Facsimile: (212) 202-6364
Email: fklorczyk@kamberlaw.com
COMFRT LLC: Faces Slavin Suit Over Deceptive Marketing Emails
-------------------------------------------------------------
LYNDSIE SLAVIN, individually and on behalf of all others similarly
situated, Plaintiff v. COMFRT LLC, Defendant, Case No.
2:25-cv-02394 (W.D. Wash., November 25, 2025) is a class action
against the Defendant for alleged violation of the Washington
Commercial Electronic Mail Act and the Washington Consumer
Protection Act.
According to the complaint, Comfrt sends out marketing emails with
subject lines claiming to offer the "Biggest Discount Ever." These
subject lines refer to a 15% discount offered in the emails. Comfrt
also sends out emails with subject lines claiming that it's
consumers' "Last chance!" to get the discount (again referring to a
15% discount).
But in reality, the 15% discount is not the biggest discount ever;
it is a standard discount that Comfrt regularly offers. And it is
not consumers' last chance to get this discount. The discount codes
in the emails do not expire. And Comfrt regularly sends out emails
offering the same, or materially-similar, 15% discounts. These
marketing emails are intended to drive sales by creating the false
impression that the discount is especially large and that it is
consumers' last chance to receive it. These deceptive email subject
lines violate CEMA and the CPA, says the suit.
The Plaintiff is a Washington resident who received Comfrt's
deceptive marketing emails. She brings this case for herself and
other, similar Washington residents who received these illegal
emails.
Comfrt LLC markets and sells hoodies, sweatpants, blankets,
loungewear, and other products through its website,
www.comfrt.com.[BN]
The Plaintiff is represented by:
Jonas B. Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: jonas@dovel.com
simon@dovel.com
COMMUNITY PSYCHIATRY: Agrees to Settle Data Breach Suit for $3.5MM
------------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that Community Psychiatry
Management has agreed to a $3,500,000 class action settlement to
resolve a lawsuit that alleged the company failed to protect the
private information of Mindpath Health patients from a 2022 data
breach.
The Mindpath Health class action settlement received preliminary
approval from the court on September 25, 2025 and covers all
individuals whose private information may have been compromised in
the data security incidents experienced by Mindpath in March 2022
and July 2022, including anyone who received notice about the data
breaches.
According to court documents, an estimated 193,947 people are
covered by the settlement.
The court-approved website for the Mindpath Health class action
settlement can be found at https://www.MindpathSettlement.com/.
Mindpath settlement class members who submit a valid, timely claim
form have multiple options for reimbursement. Per the settlement
agreement, class members who submit with a valid claim form
documented proof of ordinary out-of-pocket expenses and/or lost
time are eligible to receive a one-time cash payment of up to
$1,500. The agreement details that costs covered under the
ordinary-expense reimbursement option include losses related to
identity theft, credit monitoring, bank fees, and up to ten hours
of lost time, at a rate of $30 per hour.
Class members who submit with a valid claim form documented proof
of extraordinary out-of-pocket expenses are eligible to receive a
one-time cash payment of up to $10,000, the settlement website
continues. Reimbursable extraordinary costs must have been likely
caused by the data breach and not be covered by an ordinary expense
reimbursement, and the class member must have made reasonable
efforts to prevent the loss or seek reimbursement for it, the
agreement explains.
In addition to either monetary reimbursement option, class members
also have the option to choose between three free years of
one-bureau credit monitoring and identity theft protection from IDX
OR a one-time, pro-rated alternative cash payment estimated to be
$50, the settlement site shares.
Class members residing in California are also entitled to a
one-time $50 cash payout, subject to pro-rated adjustment, in
addition to other settlement benefits, in recognition of the
California Confidentiality of Medical Information Act and
California Consumer Privacy Act, the agreement adds.
Per the settlement agreement, class members may elect to receive
their payouts by check or electronic payment, and IDX enrollment
codes will be sent out via email to class members who opted for the
benefit on their claim form. Settlement checks must be cashed
within 180 days of issuance before expiration, and enrollment codes
will only be valid for 90 days after issuance.
To submit a Mindpath claim form online, class members can head to
this page and enter the class member ID and confirmation code found
on their copy of the settlement notice. Consumers who believe they
may be a class member but did not receive a class action settlement
notice should contact the settlement administrator to confirm their
identity and receive their login ID.
Alternatively, class members can download a PDF of the claim form
to print, fill out, and return by mail to the address of the
settlement administrator.
Mindpath settlement claim forms must be submitted online or by mail
by January 5, 2026.
The court will determine whether to grant final approval to the
Mindpath settlement at a hearing on February 19, 2026. Compensation
will begin to be distributed to consumers only after final approval
is granted and any appeals are resolved.
The Mindpath Health class action lawsuit alleged that the
healthcare provider experienced a ransomware attack as a result of
its failure to utilize proper security measures and employee
security training, which supposedly allowed hackers to gain
unauthorized access to two employee email accounts in March 2022
and June 2022. According to the litigation, the patient information
impacted by the data breach included, but was not limited to,
names, addresses, dates of birth, medical history, treatment
information and Social Security numbers. [GN]
COVANTAGE CREDIT: Spencer Balks at Unlawful Personal Info Access
----------------------------------------------------------------
GERALD SPENCER, individually and on behalf of all others similarly
situated, Plaintiff v. COVANTAGE CREDIT UNION and MARQUIS SOFTWARE
SOLUTIONS, INC., Defendants, Case No. 4:25-cv-01318 (E.D. Tex.,
December 2, 2025) is a class action against the Defendant for
negligence, breach of implied contract, and breach of the implied
covenant of good faith and fair dealing.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated individuals stored within their network
systems following a data breach discovered on October 27, 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.
CoVantage Credit Union is a non-profit enterprise with a principal
place of business located in Antigo, Wisconsin
Marquis Software Solutions, Inc. is a software firm, headquartered
in Plano, Texas. [BN]
The Plaintiff is represented by:
Mark T. Freeman, Esq.
Laura Van Note Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607
Telephone: (510) 891-9800
Email: mtf@colevannote.com
lvn@colevannote.com
CRAWFORD UNITED: M&A Investigates Sale to SPX Enterprises
---------------------------------------------------------
Class Action Attorney Juan Monteverde with Monteverde & Associates
PC (the "M&A Class Action Firm"), a law firm headquartered at the
Empire State Building in New York City, is investigating:
-- Crawford United Corporation (OTCMKTS: CRAWA) related to its
sale to SPX Enterprises, LLC. Under the terms of the proposed
transaction, Crawford shareholders are expected to receive $83.24
per share of Crawford common stock.
Visit link for more information
https://monteverdelaw.com/case/crawford-united-corporation/. It is
free and there is no cost or obligation to you.
-- Confluent, Inc. (NASDAQ: CFLT) related to its sale to IBM.
Under the terms of the proposed transaction, Confluent shareholders
are expected to receive $31.00 per share of Confluent common
stock.
Visit link for more information
https://monteverdelaw.com/case/confluent-inc/. It is free and there
is no cost or obligation to you.
-- Diamond Hill Investment Group, Inc. (NASDAQ: DHIL) related to
its sale to First Eagle Investments. Under the terms of the
proposed transaction, Diamond Hill shareholders are expected to
receive $175.00 per share in cash.
Visit link for more information
https://monteverdelaw.com/case/diamond-hill-investment-group-inc/.
It is free and there is no cost or obligation to you.
-- Contango Ore, Inc. (NYSE: CTGO) related to its merger with
Dolly Varden Silver Corporation. Under the terms of the proposed
transaction, Contango Ore shareholders are expected to own 50% of
the combined company.
Visit link for more info
https://monteverdelaw.com/case/contango-ore-inc/. It is free and
there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. 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 company, director or officer 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]
CYTEC ENGINEERED: Fuimaono Wage-and-Hour Suit Removed to C.D. Cal.
------------------------------------------------------------------
The case RENO FUIMAONO III, individually and on behalf of all
others similarly situated v. CYTEC ENGINEERED MATERIALS INC.; and
DOES 1 to 100, inclusive, Case No. 30-02025-01522459CUOE, was
removed from the Superior Court of the State California for the
County of Orange to the United States District Court for the
Central District of California on November 24, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 8:25-cv-02633-JWH-DFM to the proceeding.
The suit is brought against the Defendant for alleged violation of
California Labor Code.
Cytec Engineered Materials Inc. is a supplier of advanced composite
materials, headquartered in Tempe, Arizona. [BN]
The Defendant is represented by:
Rick Bergstrom, Esq.
Kassi Stephenson, Esq.
JONES DAY
4655 Executive Drive, Suite 1500
San Diego, CA 92121
Telephone: (858) 314-1200
Facsimile: (844) 345-3178
Email: rjbergstrom@jonesday.com
kstephenson@jonesday.com
DAKOTA EYE: Fina OK Hearing of $1MM Data Breach Suit Set Jan. 12
----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Dakota Eye Institute
has agreed to a $1 million class action settlement to wrap up a
lawsuit stemming from an October 2023 data breach.
The Dakota Eye Institute class action settlement received
preliminary court approval on August 20, 2025 and covers all United
States residents whose private information was compromised in the
Dakota Eye Institute data breach, which was disclosed to the public
on or about October 31, 2023.
Court documents say there are approximately 107,143 Dakota Eye
Institute settlement class members.
The court-approved website for the class action settlement can be
found at DakotaEyeSecurityIncident.com.
Settlement class members who submit a timely, valid claim form with
supporting documentation can receive up to $1,000 in reimbursement
for ordinary out-of-pocket losses that are "fairly traceable" to
the October 2023 incident.
Per settlement documents, ordinary data breach-related losses may
include any unreimbursed expenses arising from identity theft,
falsified tax returns, the misuse of a class member's Social
Security number, freezing or unfreezing credit, or other
miscellaneous costs incurred due to the incident. Acceptable
documentation for out-of-pocket-cost claims includes receipts,
invoices, or any other document prepared by a third party that
pertains to the expense.
Further, settlement class members may submit a claim form with
supporting documentation to receive up to $5,000 in reimbursement
for extraordinary monetary losses related to identity theft
stemming from the Dakota Eye data breach. Per the settlement
website, a class member seeking reimbursement for extraordinary
losses must show that:
-- The loss is an actual, documented and unreimbursed monetary
loss arising out of or relating to identity theft;
-- The loss is traceable to the Dakota Eye data breach;
-- The loss occurred between October 1, 2023 and the claim
deadline;
-- The loss is not already covered by the other reimbursement
categories; and
-- The class member made reasonable efforts to avoid the loss.
In addition to cash payments, the Dakota Eye Institute class action
settlement offers two years of one-bureau credit monitoring, which
includes $1,000,000 in fraud insurance with no premium.
The settlement website also says that eligible class members, in
lieu of credit monitoring services, may elect to receive an
alternative cash payment of $45, the amount of which may be
increased or decreased depending on the total number of claims
filed.
To submit a Dakota Eye claim form online, class members can visit
this page and enter the unique claim ID and PIN as found on their
copy of the settlement notice. Alternatively, class members can
download a PDF of the claim form to print, fill out and return to
the settlement administrator.
All Dakota Eye Institute claim forms must be submitted online or
postmarked by January 12, 2026.
Court documents note that any money remaining in the settlement
fund after all cash benefits, credit monitoring and administrative
and legal expenses are paid will be distributed to a court-approved
charity as a cy pres award.
A hearing is scheduled for January 12, 2026 to determine whether
the Dakota Eye Institute data breach 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 Dakota Eye Institute class action lawsuit alleged that the
healthcare provider was aware of the risk of a data breach long
before it happened. The plaintiff in the case argued that Dakota
Eye failed to implement effective safeguards and protections for
the personal information in its care. [GN]
EMPIRE CONTRACTORS: Court Drops Class Action in Apex Fee Dispute
----------------------------------------------------------------
The Carolina Journal reports that the North Carolina Supreme Court
has vacated the class action in a lawsuit challenging Apex's
recreation fee for new residential developments.
The unanimous decision Friday, December 12, requires a trial judge
to conduct a new analysis of whether Empire Contractors' lawsuit
can apply to other developers.
A concurring opinion from Justice Phil Berger Jr. labeled the
town's recreation fee arrangement "constitutionally suspect."
he North Carolina Supreme Court has vacated a lower court's order
for a class-action lawsuit against Apex's recreation fee charged to
local developers.
A trial judge must reconsider whether plaintiff Empire Contractors
can proceed with any of its claims under a class action, according
to the Supreme Court opinion.
"For many years, the Town of Apex charged 'recreation fees' to
developers constructing new subdivisions in the rapidly growing
town," Justice Richard Dietz wrote for the unanimous court. "These
fees were a substitute for developers dedicating a portion of the
subdivision for use as a public park or other recreation area. By
law, the town was required to use the recreation fees to create or
improve its own public recreation areas near the developments that
paid for them."
Empire Contractors filed suit "seeking a declaration that the
town's recreation fees are illegal and must be refunded," Dietz
explained. A trial judge certified a class of developers that would
be covered by Empire's claims.
"The town then appealed, arguing that the common issues for the
putative class did not predominate over the many individualized
issues," Dietz wrote. "The town also argued that a class action was
not the superior method of adjudicating these legal claims."
"[W]e agree with the town that, in the class certified by the trial
court, individualized issues predominate over the common issues of
law and fact," the majority opinion added. "In particular, the
class includes several claims for declaratory relief that involve
fact-intensive issues such as the fair market value of real
property or the cost that a particular development imposes on the
town. Resolving these fact issues would cause the case to
'degenerate into a series of mini-trials' for each class member
that would vastly overshadow the common legal issues."
With the trial court's order now vacated, a judge must conduct a
new class certification analysis.
"In that analysis, the court should consider whether fracturing
this declaratory judgment action -- with some claims being pursued
in a class action and others left to individual actions -- creates
potential claim-splitting concerns or is otherwise no longer the
superior means of adjudicating the remaining claims," Dietz wrote.
Justice Phil Berger Jr. supported the decision but wrote a
concurring opinion "to highlight the constitutionally suspect
nature of the town's collection and management of the recreation
fees at issue."
"Although not argued, Empire's allegations that the recreation fees
have been commingled with general town revenue and have not been
used to develop recreation spaces near the subdivisions raise
threats to this State's constitutional protections for economic
liberty," Berger wrote.
"Indeed, the very 'mission' of the law, 'far from being able to
oppress the people, or to plunder their property, even for a
philanthropic end, . . . is to protect the people, and to secure
to them the possession of their property,'" he added. "The town's
recreation fee scheme seems to be at odds with this principle."
"If Empire's allegations are true, then the town has collected fees
from developers under the premise that the money will be used for
recreation purposes," Berger wrote. "The town chose to do this
through the fees instead of tax collection. After all, politicians
revel in limiting political accountability while delivering with
other people's money."
"But even if extracting fees to build pickleball courts may be
reasonably necessary, hoarding the money is not," he added. "The
town appears to have leveraged a narrow statutory provision as a
means for general revenue collection. Such a scheme cannot be a
permissible interference with economic liberty, and this is, in
reality, legal plunder under the guise of philanthropy. But here,
the emperor truly has no pickleball courts."
Plaintiff Empire Contractors filed suit in March 2023, challenging
Apex's requirement of a $64,000 payment in lieu of dedicating land
for recreation in its 20-lot, 3.5-acre development. A trial judge
issued an April 2024 ruling permitting a class action in the case.
"I think everybody's interests are aligned here," argued Jim DeMay,
Empire's lawyer, before the high court in September. "The interest
is the town's not spending these fees, and they're not using it for
our particular benefit. So everybody is joined at that."
A state law allowing Apex to charge the fee requires the money to
be used for parks and recreation projects in or near the affected
subdivision.
"We deposed everybody with the town that knows anything about this
issue," DeMay said. "Every one of them said for each class member,
the town has no idea how the fees were spent."
"Under the town's own spending rules, their own accounting
principles, not a dollar of these fees have been spent on any
project," he added.
Apex's lawyer responded that state law sets no deadline for the
town to spend the fees.
"What they're saying is you illegally charged us this fee, and
we're entitled to it back, and all of the class members are as
well," said Dan Hartzog. "The statute . . . doesn't give us a time
frame on which those fees must be spent."
"Inherently, in parks and recreation planning, it takes some time
to plan, purchase, develop a park," Hartzog continued. "For the
plaintiffs to come in here and say, 'They have violated the statute
and never had the authority to charge us in the first place,' is a
premature determination at this point because the money could be
spent on a neighborhood park right near their subdivision."
The trial judge committed multiple "errors of law" that should
prompt the state Supreme Court to throw out the case's class-action
status, Hartzog argued.
Apex argued in a February brief that a state law permitted the town
to charge the fee.
"To prove that a recreation fee-in-lieu paid as a condition of
subdivision approval was unlawful, Plaintiff must show that the
fee-in-lieu was beyond the scope of the enabling statute, which
includes 'implied powers . . . essential to the exercise of those
which are expressly conferred,'" Apex's lawyers wrote.
"It is undisputed that the enabling statute allows Apex to adopt a
regulation that '. . . provide[s] for payment of funds to be used
to acquire or develop recreation areas serving residents of the
development or subdivision or more than one subdivision or
development within the immediate area,'" Apex's brief continued.
"The statute contains only one express restriction on the use of
the funds by cities: that they 'shall be used only for the
acquisition or development of recreation, park, or open space
sites.'"
"Apex has additional authority by local act that allows the Town to
'us[e] a formula based upon a charge per dwelling unit of the
development or subdivision without reference to property tax
value,' so long as the 'the collection, maintenance, and use of
such funds are otherwise consistent with G.S. 160A-372' and the
fee-in-lieu does not 'exceed the fair market value of the land area
that would have otherwise been required to be dedicated,'" Apex's
lawyers wrote.
Beyond the specifics of Empire Contractors' lawsuit, Apex argues
that Superior Court Judge Gale Adams was wrong to conclude that
this case could cover other developers.
"The impact of each development will differ based upon many
factors, including the number and type of dwelling units, the
resources already available in the area of Town where the
development is located, or whether the development increases the
population of an existing area of Town or extends its boundaries,"
Apex's lawyers wrote. "In another example, the amenities built into
the development by the developer may have the potential to mitigate
its impact. Analysis of the impact of the development will also
require fact-specific discovery and proof for each putative class
member. This inquiry is ad hoc and fact- intensive. It is not
susceptible to common proof, and the trial court erred in finding
that it was a common issue of law or fact shared among the class."
"There is a common nucleus of operative facts among all class
members that underlie each of these issues," Adams wrote in the
order granting the lawsuit class-action status. "Plaintiff's claim
is typical of all other class members as it relates to the general
theories of liability set forth in the common issues. The Court
concludes that a 'class' exists in this action and that common
issues of law and fact predominate over any individual issues."
[GN]
FORD MOTOR: Dealers Sue Over Warranty Reimbursement Shortfalls
--------------------------------------------------------------
Hagens Berman has filed a class-action lawsuit against Ford Motor
Company on behalf of Ford dealerships, alleging the automaker
underpaid warranty reimbursement claims for parts and repairs --
including high-cost electric vehicle (EV) batteries -- in violation
of New York's Franchised Motor Vehicle Dealer Act (NYDA).
Filed in the U.S. District Court for the Eastern District of
Michigan, the lawsuit claims that Ford failed to provide the
"reasonable compensation" required under the NYDA, which mandates
that franchise dealers receive reimbursement at mark-up rates no
lower than what they charge retail customers for comparable
non-warranty claims. Dealerships across the country seeking
reimbursement for warranty-covered parts and labor since Dec. 1,
2022, may be affected. Learn more about your rights to a potential
claim »
The lawsuit claims that Ford paid only a fraction of the amounts
owed, costing dealerships hundreds of thousands of dollars. EV
batteries -- generally the most expensive component of an EV, with
replacement costs reaching $25,000 in some models -- represent a
significant portion of the financial shortfalls. Dealers are
expected to replace warranty-covered batteries for customers at no
charge, then request reimbursement from Ford.
"Dealerships are the front line of Ford's relationship with its
customers, yet they're being left to shoulder major financial
losses," says Steve Berman, managing partner and founder of Hagens
Berman. "Ford franchisees are hundreds of thousands in the red for
work they completed under Ford's own warranty program. Dealerships
shouldn't be penalized for keeping Ford's EVs on the road."
Ford's Gamble on EV Success
One plaintiff cited in the lawsuit replaced 28 EV batteries since
early 2024. Based on Ford's statutory markup requirement, the
dealer should have received $22,600 per battery, totaling $632,000.
Instead, Ford allegedly reimbursed only $600 per battery, leaving
the dealer more than $615,000 short.
Attorneys argue that Ford's alleged underpayments come at a time
when the automaker's EV sales are down 10% in the first seven
months of 2025. Despite selling more than 240,000 EVs in 2025, Ford
has reported ongoing losses, including over $5 billion in its Model
e division.
In a highly competitive EV market and feeling the pressure to turn
a profit, attorneys claim "Ford appears to be trying to save money
on batteries by not fully reimbursing battery replacements at
retail prices," in direct violation of the NYDA.
Hagens Berman previously secured a monumental settlement valued at
$1.67 billion on behalf of Volkswagen franchise dealerships harmed
by the automaker's concealed emissions fraud and continues to
advocate for fair compensation for dealers nationwide.
The lawsuit seeks monetary relief for impacted dealerships.
About Hagens Berman
Hagens Berman is a global plaintiffs' rights complex litigation law
firm with a tenacious drive for achieving real results for those
harmed by corporate negligence and fraud. Since its founding in
1993, the firm's determination has earned it numerous national
accolades, awards and titles of "Most Feared Plaintiff's Firm,"
MVPs and Trailblazers of class-action law. More about the law firm
and its successes can be found at www.hbsslaw.com. Follow the firm
for updates and news at @ClassActionLaw.
Media Contact
Ash Klann
pr@hbsslaw.com
(206) 268-9363 [GN]
FORD MOTOR: Lunawadawala Sues Over Vehicle's Missing Sensing System
-------------------------------------------------------------------
IBRAHIM LUNAWADAWALA, individually and on behalf of all others
similarly situated, Plaintiff v. FORD MOTOR COMPANY, Defendant,
Case No. 1:25-cv-01639-CDB (E.D. Cal., November 25, 2025) is a
consumer class action arising from Ford's deceptive and misleading
consumer practices regarding the marketing and sale of model year
2024 Ford F-150 Lightning vehicles that were distributed across the
United States by Defendant.
Defendant Ford represented that certain 2024 F-150 Lightnings
contained a "Forward Sensing System" as a standard component of the
Class Vehicles, even though it was not included in the Class
Vehicles that were delivered to Plaintiff and the Class. The
Forward Sensing System is a safety feature that operates by
alerting drivers to potential obstacles and hazards in front of the
vehicle.
Specifically, the Monroney stickers, which Plaintiff reviewed
before deciding to purchase his vehicle, represented that the
vehicles were equipped with the Forward Sensing System. Once
consumers took delivery of their Class Vehicles and realized they
were not equipped with the Forward Sensing, they sent complaints to
Ford. This prompted Ford to send letters informing consumers of the
misrepresentation and offering a paltry $100 refund because their
window stickers were not updated properly. The $100 refund is much
less than the cost to install a forward sensing system.
The complaint asserts that the misrepresentation of safety features
placed consumers' lives and well-being in jeopardy by letting them
believe their vehicles came equipped with safety features that Ford
knew they did not possess.
Had Ford disclosed that the Class Vehicles did not contain the
Forward Sensing System, the Plaintiff and Class Members would not
have purchased the vehicles or would have paid substantially less
for them since they were advertised with an important safety
feature they were not equipped with, says the suit.
Ford Motor Company manufactures, distributes, markets, services,
repairs, sells, and leases passenger vehicles, including the Class
Vehicles.[BN]
The Plaintiff is represented by:
Alison M. Bernal, Esq.
NYE, STIRLING, HALE, MILLER & SWEET, LLP
33 West Mission Street, Suite 201
Santa Barbara, CA 93101
Telephone: (805) 963-2345
Facsimile: (805) 284-959
E-mail: alison@nshmlaw.com
- and -
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
SAUDER SCHELKOPF LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Telephone: (610) 200-0581
Facsimile: (610) 421-1326
E-mail: mds@sstriallawyers.com
jbk@sstriallawyers.com
FREEPORT-MCMORAN INC: Bids for Lead Plaintiff Naming Due Jan. 12
----------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, reminds
purchasers of securities of Freeport-McMoRan Inc. (NYSE: FCX)
between February 15, 2022 and September 24, 2025, both dates
inclusive (the "Class Period"), of the important January 12, 2026
lead plaintiff deadline in the securities class action first filed
by the Firm.
SO WHAT: If you purchased Freeport-McMoRan securities during the
Class Period you may be entitled to compensation without payment of
any out of pocket fees or costs through a contingency fee
arrangement.
WHAT TO DO NEXT: To join the Freeport class action, go to
https://rosenlegal.com/submit-form/?case_id=45553 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action. A class action lawsuit has
already been filed. If you wish to serve as lead plaintiff, you
must move the Court no later than January 12, 2026. A lead
plaintiff is a representative party acting on behalf of other class
members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions, but are merely
middlemen that refer clients or partner with law firms that
actually litigate the cases. Be wise in selecting counsel. The
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
DETAILS OF THE CASE: According to the lawsuit, defendants made
false and/or misleading statements and/or failed to disclose that:
(1) Freeport-McMoRan did not adequately ensure safety at the
Grasberg Block Cave mine in Indonesia; (2) the lack of proper
safety precautions constituted a heightened risk that could
foreseeably lead to the death of Freeport's workers; (3) this
constituted an undisclosed heightened risk of regulatory,
litigation, and reputational risk; and (4) as a result, defendants'
statements about Freeport-McMoRan's business, operations, and
prospects were materially false and misleading and/or lacked a
reasonable basis at all relevant times. When the true details
entered the market, the lawsuit claims that investors suffered
damages.
To join the Freeport class action, go to
https://rosenlegal.com/submit-form/?case_id=45553 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
FRESNO, CA: Faces Class Suit Over Policies for Unhoused Individuals
-------------------------------------------------------------------
Christina Lopez, writing for ABC 30 Action News, reports that a new
lawsuit filed against the City of Fresno aims to create a blueprint
for other California cities when it comes to the treatment and
rights of the unhoused.
According to the complaint, which was filed on December 10, the
class action lawsuit alleges "the City's unconstitutional practices
and ordinances criminalize homelessness and systemically deprives
unhoused individuals."
The defendants listed in the lawsuit include the City of Fresno and
four of its officers.
"The only thing that we have are lots of citations and arrests.
When we have the ability to with all of the funding that the city
has gone through, we could have changed so many people's lives for
the better," said Kevin Little, attorney representing the
plaintiffs in the lawsuit against the City of Fresno.
The lawsuit lists false arrests as well as violations of due
process and discrimination against persons with disabilities.
The 61-page document is seeking unspecified damages for members of
Fresno's unhoused community, specifically highlighting two
plaintiffs -- Wickey Two-Hands and Joseph Quinney, who qualify for
certain protections under state, federal, and disability laws.
Attorney Kevin Little has represented both plaintiffs in criminal
court.
"When they were cited and arrested for violations of the prior
version of the ordinance, and when those cases were on the verge of
trial, the city dismissed the charges against both of them," said
Little.
City Attorney Andrew Janz issued a statement on the lawsuit, which
read in part, "I look forward to taking this case to the Supreme
Court - the same Supreme Court that upheld this sort of
ordinance."
"It sounds like the City is leaning on a Supreme Court decision
from a year and a half ago called Johnson vs. Grant's Pass, but we
aren't asserting any claims that relate to that case," said
Little.
Janz's statement goes on to read, "the municipal law passed by the
Fresno City Council does not punish housing status, just
behavior."
Little hopes this lawsuit will serve as a model for other cities
and jurisdictions when it comes to the unhoused.
"I hope that's the choice the City makes rather than to spend
millions of dollars and potentially years in court while people
continue to suffer and die on the streets," said Little.
On December 12, the City of Fresno will be served with the
complaint.
Both parties will then appear in federal court with a date set in
April. [GN]
GAUZY LTD: Bids for Lead Plaintiff Appointment Due February 6
-------------------------------------------------------------
Bronstein, Gewirtz & Grossman, LLC, a nationally recognized law
firm, notifies investors that a class action lawsuit has been filed
against Gauzy Ltd. ("Gauzy" or "the Company") (NASDAQ:GAUZ) and
certain of its officers.
This lawsuit seeks to recover damages against Defendants for
alleged violations of the federal securities laws on behalf of all
persons and entities that purchased or otherwise acquired Gauzy
securities between March 11, 2025 and November 13, 2025, both dates
inclusive (the "Class Period"). Such investors are encouraged to
join this case by visiting the firm's site: bgandg.com/GAUZ.
Gauzy Case Details
The Complaint alleges that throughout the Class Period, Defendants
made materially false and/or misleading statements, as well as
failed to disclose material adverse facts about the Company's
business, operations, and prospects. Specifically, Defendants
failed to disclose to investors that:
1. three of the Company's French subsidiaries lacked the
financial means to meet their debts as they became due;
2. as a result, it was substantially likely insolvency
proceedings would be commenced;
3. as a result, it was substantially likely a potential default
under the Company's existing senior secured debt facilities would
be triggered; and
4. as a result of the foregoing, Defendants' positive
statements about the Company's business, operations, and prospects
were materially misleading and/or lacked a reasonable basis.
What's Next for Gauzy Investors?
A class action lawsuit has already been filed. If you wish to
review a copy of the Complaint, you can visit the firm's site:
bgandg.com/GAUZ. or you may contact Peretz Bronstein, Esq. or his
Client Relations Manager, Nathan Miller, of Bronstein, Gewirtz &
Grossman, LLC at 917-590-0911. If you suffered a loss in Gauzy you
have until February 6, 2026, to request that the Court appoint you
as lead plaintiff. Your ability to share in any recovery doesn't
require that you serve as lead plaintiff.
No Cost to Gauzy Investors
We, Bronstein, Gewirtz & Grossman, LLC, represent investors in
class actions on a contingency fee basis. That means we will ask
the court to reimburse us for out-of-pocket expenses and attorneys'
fees, usually a percentage of the total recovery, only if we are
successful.
Why Bronstein, Gewirtz & Grossman for Gauzy Securities Class
Action
Bronstein, Gewirtz & Grossman, LLC is a nationally recognized firm
that represents investors in securities fraud class actions and
shareholder derivative suits. Our firm has recovered hundreds of
millions of dollars for investors nationwide. More at
www.bgandg.com.
"Our practice centers on restoring investor capital and ensuring
corporate accountability, which serves to uphold the essential
integrity of the marketplace," said Peretz Bronstein, Founding
Partner of Bronstein, Gewirtz & Grossman, LLC.
Contact
Bronstein, Gewirtz & Grossman, LLC
Peretz Bronstein or Nathan Miller
(917) 590-0911 | info@bgandg.com [GN]
GAUZY LTD: Faces Class Action Lawsuit Over Securities Fraud
-----------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against Gauzy Ltd. ("Gauzy" or the "Company") (NASDAQ:GAUZ). Such
investors are advised to contact Danielle Peyton at
newaction@pomlaw.com or 646-581-9980, (or 888.4-POMLAW), toll-free,
Ext. 7980. Those who inquire by e-mail are encouraged to include
their mailing address, telephone number, and the number of shares
purchased.
The class action concerns whether Gauzy and certain of its officers
and/or directors have engaged in securities fraud or other unlawful
business practices.
You have until February 6, 2026 to ask the Court to appoint you as
Lead Plaintiff for the class if you purchased or otherwise acquired
Gauzy securities during the Class Period. A copy of the Complaint
can be obtained at www.pomerantzlaw.com.
On November 14, 2025, Gauzy announced that the Company "will not be
releasing its financial results for the third quarter of 2025 on
November 14 as previously planned." The press release explained
that "[t]he reason for the delay is that, during a hearing held on
November 13, 2025, the Commercial Court of Lyon, France, ordered
the commencement of French law insolvency proceedings
('Redressement Judiciaire') relating to three subsidiaries of Gauzy
located in France."
On this news, Gauzy's stock price fell $1.35 per share, or 33.58%,
to close at $2.67 per share on November 14, 2025.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles,
London, Paris, and Tel Aviv, is acknowledged as one of the premier
firms in the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, Pomerantz pioneered the field of
securities class actions. Today, more than 85 years later,
Pomerantz continues in the tradition he established, fighting for
the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
numerous multimillion-dollar damages awards on behalf of class
members. See www.pomlaw.com. [GN]
GIGGLE LLC: Fava Personal Injury Suit Removed to S.D. Fla.
----------------------------------------------------------
The case CHRISTINA FAVA, individually and on behalf of all others
similarly situated v. GIGGLE LLC, Case No. 25-018572-CA-01, was
removed from the 11th Judicial Circuit, in and for Miami-Dade
County, to the United States District Court for the Southern
District of Florida on November 24, 2025.
The Clerk of Court for the Southern District of Florida assigned
Case No. 1:25-cv-25494-DPG to the proceeding.
The suit is brought against the Defendant for personal injury
claims.
Giggle LLC is a financial firm in Miami, Florida. [BN]
The Defendant is represented by:
Sarah Anne Long, Esq.
MCDONALD TOOLE RICHMAN & CORRENTI, PA
111 North Magnolia Avenue, Suite 1200
Orlando, FL 32801
Telephone: (407) 246-1800
Email: slong@mtrclegal.com
HELLO SUGAR: Aids 3rd Parties to Access Customers' Personal Info
----------------------------------------------------------------
MOHIT SHARMA, individually and on behalf of all others similarly
situated, Plaintiff v. HELLO SUGAR, LLC, Defendant, Case No.
2:25-cv-11468 (C.D. Cal., December 1, 2025) is a class action
against the Defendant for violations of the Electronic
Communications Privacy Act and the California Invasion of Privacy
Act, and invasion of privacy under California's Constitution.
According to the complaint, the Defendant aids, employs, agrees,
and conspires with third parties, including Google, LLC, Meta
Platforms, Inc., and TikTok Ltd., to intercept customers'
communications on its website, www.hellosugar.salon, without prior
consent. The Defendant secretly installed tracking technologies on
its website which serve to track and disclose its customers'
personal and sensitive information to third parties, suit says. As
a result of the Defendant's misconduct, the Plaintiff and the Class
suffered damages.
Hello Sugar, LLC is a national franchise of Brazilian wax, sugar,
and laser salons, with its headquarters in Mesa, Arizona. [BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, PA
701 Brickell Avenue, Suite 2100
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
Email: swestcot@bursor.com
HORMEL FOODS: Rosen Law Investigate Potential Securities Claims
---------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, continues
to investigate potential securities claims on behalf of
shareholders of Hormel Foods Corporation (NYSE: HRL) resulting from
allegations that Hormel may have issued materially misleading
business information to the investing public.
SO WHAT: If you purchased Hormel securities you may be entitled to
compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
WHAT TO DO NEXT: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=47180 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
WHAT IS THIS ABOUT: On October 29, 2025, The Wall Street Journal
published an article entitled "Hormel Cuts Forecast on Price
Pressure, Consumer Backdrop; Parts Ways With CFO." The article
stated that Hormel "warned earnings in the latest quarter were
squeezed by price pressures, bird flu and a fire that damaged its
Arkansas peanut butter production facility. The company also said
it was parting ways with its top finance executive[.]"
On this news, Hormel Foods' stock fell 9.1% on October 29, 2025.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
HYPERTENSION NEPHROLOGY: Settles Data Breach Suit for $625,000
--------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Hypertension
Nephrology Associates, P.C., has agreed to a $625,000 settlement to
resolve a class action lawsuit that alleged the Willow Grove,
Pennsylvania, healthcare company failed to protect patients'
private health information from a January 2024 data breach.
The Hypertension Nephrology Associates class action settlement
received preliminary approval from the court on September 22, 2025
and covers all individuals in the United States who were sent
notice that their personal information was accessed, stolen or
compromised due to the January 2024 HNA data breach.
According to settlement documents, the data breach exposed the
information of approximately 39,491 people.
The court-approved website for the Hypertension Nephrology
Associates settlement can be found at HNADataSettlement.com.
According to the settlement website, class members who submit a
timely, valid claim form for a documented loss payment are eligible
to receive up to $5,000 for expenses incurred because of the data
breach. Claim forms for documented-loss reimbursement must include
reasonable documentation, such as phone records or receipts,
supporting a class member's data breach-related losses, the
settlement website explains.
In the alternative, HNA settlement class members may submit a claim
form to receive a one-time cash payment. Per settlement documents,
the exact amount of the cash payouts from the Hypertension
Nephrology Associates settlement will be determined by dividing the
amount left in the settlement fund after all documented expenses
and credit monitoring services are paid by the total number of
timely, valid cash claims that elect to receive a cash payment.
Additionally, the settlement offers all class members two years of
free credit monitoring and insurance services, regardless of
whether a consumer has submitted a claim form for a settlement
payment.
To submit an HNA claim form online, class members can visit this
page and log in with the settlement claim ID found in their copy of
the settlement notice. Settlement class members who prefer to
submit their claim form by mail can download a PDF of the claim
form to print, fill out and mail to the settlement administrator.
All claim forms must be submitted online or postmarked by January
20, 2026.
The court will determine whether the class action settlement will
receive final approval at a hearing on February 18, 2026.
Compensation will begin to be distributed to class members after
final approval has been granted and all appeals have been
resolved.
The Hypertension Nephrology Associates class action lawsuit alleged
that the healthcare provider failed to adequately safeguard
patients' private information, allowing opportunistic bad actors to
access its network in June 2024. Per the complaint, the data breach
was detected only after HNA employees discovered a ransom note
hidden in their computer files.
The complaint alleged there was an "inexcusable delay" between the
data breach and when notice was sent, and that HNA made only
"meager attempts to ameliorate the effects of this data breach."
[GN]
INTEGER HOLDINGS: Bids for Lead Plaintiff Appointment Due Feb. 9
----------------------------------------------------------------
If you suffered a loss on your Integer Holdings Corporation
(NYSE:ITGR) investment and want to learn about a potential recovery
under the federal securities laws, follow the link below for more
information:
https://shareholderformcenter.com/integer-holdings-corporation-lawsuit-submission-form?prid=180237&wire=1&utm_campaign=23
or contact Joseph E. Levi, Esq. via email at
jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team
of experienced shareholder advocates.
THE LAWSUIT: A class action securities lawsuit was filed against
Integer Holdings Corporation that seeks to recover losses of
shareholders who were adversely affected by alleged securities
fraud between July 25, 2024 and October 22, 2025.
CASE DETAILS: The filed complaint alleges that defendants made
false statements and/or concealed that: (1) Integer materially
overstated its competitive position within the growing
electrophysiology manufacturing market; (2) despite Integer's
claims of strong visibility into customer demand, the Company was
experiencing a sustained deterioration in sales relating to two of
its electrophysiology devices; (3) in turn, Integer
mischaracterized its electrophysiology devices as a long-term
growth driver for the Company's cardio & vascular segment; and (4)
as a result of the above, defendants' positive statements about the
Company's business, operations, and prospects were materially false
and misleading and/or lacked a reasonable basis at all relevant
times.
WHAT'S NEXT? If you suffered a loss in Integer Holdings Corporation
stock during the relevant time frame - even if you still hold your
shares - go to
https://shareholderformcenter.com/integer-holdings-corporation-lawsuit-submission-form?prid=180237&wire=1&utm_campaign=23
to learn about your rights to seek a recovery. There is no cost or
obligation to participate.
WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP
has established itself as a nationally-recognized securities
litigation firm that has secured hundreds of millions of dollars
for aggrieved shareholders and built a track record of winning
high-stakes cases. The firm has extensive expertise representing
investors in complex securities litigation and a team of over 70
employees to serve our clients. For seven years in a row, Levi &
Korsinsky has ranked in ISS Securities Class Action Services' Top
50 Report as one of the top securities litigation firms in the
United States. Attorney Advertising. Prior results do not guarantee
similar outcomes.
CONTACT:
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
Levi & Korsinsky, LLP
33 Whitehall Street, 27th Floor
New York, NY 10004
jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
https://zlk.com/ [GN]
KARS4KIDS INC: Faces New Class Suit Alleging Donor Deception
------------------------------------------------------------
Charity Watch reports that a new federal class-action lawsuit filed
in the Northern District of California accuses Kars4Kids, Inc. and
its related charity, Oorah, Inc., of operating a misleading
vehicle-donation program that misrepresents how donor contributions
are used. The Complaint, filed November 4, 2025, alleges that
Kars4Kids' widely recognized advertising campaign deceives donors
into believing their contributions support local children's
programs, when in reality, nearly all proceeds are funneled to
Oorah's Orthodox Jewish outreach programs primarily serving
families in New York and New Jersey. The proposed class seeks
monetary damages, injunctive relief, and nationwide accountability
for what it describes as a long-running pattern of donor
misrepresentation.
This lawsuit follows years of government scrutiny and aligns with
concerns CharityWatch has raised in prior reporting about both
Kars4Kids and Oorah, including a lack of transparency, misleading
donor communications, and governance risks related to financial
flows between the two organizations.
Year Event
2009 Pennsylvania & Oregon AG Actions
Details: Attorneys General in PA and OR settle cases with
Kars4Kids/Oorah, requiring increased disclosures and
imposing financial penalties for misleading
solicitations.
2010s Ongoing Misleading Advertising Concerns
Details: Regulators and media reports continue scrutinizing
Kars4Kids for implying that donations help local
children despite funds overwhelmingly routed to Oorah
in NY/NJ.
2017 Minnesota Attorney General Report
Details: Minnesota AG finds that Kars4Kids provides little or
no benefit to Minnesota children despite extensive
advertising and vehicle donations solicited in the
state.
2021 Prior California Lawsuit
Details: A California court denies Kars4Kids' motion to
dismiss a donor deception lawsuit with allegations
similar to those raised in the 2025 complaint,
allowing claims to move forward.
2021–2024 Limited Charitable Activity in High-Fundraising
States
Details: Kars4Kids continues raising millions in states like
California but directs almost no charitable spending
to those states, intensifying concerns about
misleading fundraising practices.
2025 Federal Class-Action Filed (Savva & Vickers v.
Kars4Kids/Oorah)
Details: A new federal lawsuit filed in the Northern District
of California alleges false advertising, unfair
competition, and RICO violations tied to misleading
donor solicitations and financial transfers to Oorah.
The Core Allegations: Misleading Donors About How Their Gifts Are
Used
According to the complaint, plaintiffs Pavel Savva and Alexander
Vickers donated their vehicles after encountering Kars4Kids'
ubiquitous promotions, which imply that donations help
disadvantaged or local children. The lawsuit claims these ads leave
out critical information: that Kars4Kids is essentially a
fundraising arm for Oorah, a charity with a narrow religious
mission focused on Orthodox Jewish outreach.
The plaintiffs allege that the charities' advertising practices
mislead donors into believing:
-- Their donations support local children in their own
communities.
-- The mission is broadly child-focused rather than tied to a
specific religious outreach agenda.
-- The advertised benefits correspond to local needs in the
states where solicitations occur.
The complaint states that had donors been presented with accurate
and complete information, they would not have contributed.
Financial Transfers Between Kars4Kids and Oorah
IRS Form 990 data cited in the lawsuit show that Kars4Kids
transfers between 94% and 99% of its grantmaking each year to
Oorah. These funds allegedly support a mix of religious outreach,
internal operations, and program reserves—not the broad
children's services implied in public solicitations.
The complaint highlights that:
-- A significant portion of Oorah's spending supports programs
aimed at integrating families into Orthodox Jewish religious life.
-- Only a small percentage of funds are used for tuition
assistance or summer camp programming for children.
-- The majority of Kars4Kids' charitable grants are directed to
Oorah despite advertisements implying broader, more secular
benefits.
The lawsuit claims this financial structure is not clearly
disclosed to donors at the time of solicitation.
California Fundraising vs. California Charitable Spending
One of the most striking allegations in the complaint centers on
California. In 2021, approximately 25% of all vehicle donations to
Kars4Kids reportedly came from California donors, according to the
Complaint. Yet the charity allegedly spent only $3,050 on
California charitable grants that year—equivalent to roughly
0.005% of its total reported expenses.
The plaintiffs argue this stark discrepancy between local
fundraising and local benefit is a misleading practice under
California's false advertising and unfair competition laws.
RICO Allegations: A Coordinated Scheme
The lawsuit asserts violations of the Racketeer Influenced and
Corrupt Organizations Act (RICO), alleging that Kars4Kids and Oorah
work together as an "association-in-fact enterprise” with the
shared goal of misleading donors for financial gain. The complaint
cites patterns of mail and wire communications, including:
-- Radio and television advertisements
-- Online solicitations and promotional messaging
-- Tax letters and donation receipts
These communications form the basis for the lawsuit's assertion
that the charities engaged in a coordinated scheme intended to
deceive the public about the true destination and purpose of
donated funds.
History of Government Scrutiny and State-Level Actions
The lawsuit also describes a multi-state history of investigations
and regulatory actions against Kars4Kids and Oorah, including:
-- 2009 settlements with the Attorneys General of Pennsylvania
and Oregon for misleading fundraising practices.
-- A 2017 report by the Minnesota Attorney General concluding
that Kars4Kids provided little to no charitable benefit to
Minnesota children despite extensive fundraising in the state.
-- A prior California lawsuit with similar claims in which the
court denied a motion to dismiss, allowing allegations of deception
to proceed.
This historical pattern suggests longstanding governance and
transparency issues, consistent with CharityWatch's prior
reporting.
Proposed Classes and Relief Sought
The plaintiffs seek to represent:
-- A nationwide class of donors who contributed after seeing
Kars4Kids advertisements (excluding donors from Pennsylvania due to
prior settlements).
-- A California subclass of donors who gave vehicles after
exposure to ads in California.
Requested relief includes monetary damages, restitution, and
injunctive measures requiring more accurate donor disclosure.
Past CharityWatch Reporting on Kars4Kids and Oorah
CharityWatch has raised concerns about Kars4Kids and Oorah for many
years. Our past analyses have highlighted:
-- A lack of clear donor disclosure regarding the close
relationship between Kars4Kids and Oorah.
-- Misleading implications in Kars4Kids advertising about the
geographic distribution of charitable benefits.
-- High fundraising costs relative to program spending and
governance transparency issues.
-- Long-standing operational practices in which Kars4Kids
functions primarily as a fundraising vehicle for Oorah's religious
mission.
CharityWatch has consistently warned donors that Kars4Kids'
marketing does not adequately convey the narrow scope of the
programs funded or the degree to which donations lack local
community benefit.
The new lawsuit aligns closely with the issues CharityWatch has
examined for more than a decade.
What Comes Next in the Litigation
As of the filing date, the court has not yet ruled on class
certification or substantive motions. The lawsuit will now proceed
through the federal litigation process unless resolved through
settlement.
CharityWatch will continue to monitor the case and provide updates
as meaningful developments occur. [GN]
KENVUE INC: M&S Investigates Proposed Sale to Kimberly-Clark
------------------------------------------------------------
Class Action Attorney Juan Monteverde with Monteverde & Associates
PC (the "M&A Class Action Firm"), a law firm headquartered at the
Empire State Building in New York City, is investigating:
-- Kenvue Inc. (NYSE: KVUE) related to its sale to Kimberly-Clark
Corporation. Under the terms of the proposed transaction, Kenvue
shareholders will receive $3.50 per share in cash plus 0.14625
Kimberly-Clark shares for each Kenvue share.
ACT NOW. The Shareholder Vote is scheduled for January 29, 2026.
Visit link for more information
https://monteverdelaw.com/case/kenvue-inc/. It is free and there is
no cost or obligation to you.
-- FirstSun Capital Bancorp (NASDAQ: FSUN) related to its merger
with First Foundation Inc. Upon completion of the proposed
transaction, FirstSun shareholders will own 59.5% of the combined
company.
Visit link for more information
https://monteverdelaw.com/case/firstsun-capital-bancorp/. It is
free and there is no cost or obligation to you.
-- First Foundation Inc. (NYSE: FFWM) related to its sale to
FirstSun Capital Bancorp. Under the terms of the proposed
transaction, First Foundation shareholders will receive 0.16083 of
a share of FirstSun common stock for each First Foundation common
stock.
Visit link for more information
https://monteverdelaw.com/case/first-foundation-inc/. It is free
and there is no cost or obligation to you.
-- Gulf Island Fabrication, Inc. (NASDAQ: GIFI) related to its
sale to IES Holdings, Inc. Under the terms of the proposed
transaction, Gulf Island shareholders will receive $12.00 in cash
per share.
ACT NOW. The Shareholder Vote is scheduled for January 13, 2026.
Visit link for more info
https://monteverdelaw.com/case/gulf-island-fabrication-inc/. It is
free and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. 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 company, director or officer 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]
KK BAKERY: Appeals Court Judgment in Chaney Suit to 2nd Circuit
---------------------------------------------------------------
KK BAKERY INVESTMENT COMPANY, LLC, et al. are taking an appeal from
a court judgment in the lawsuit entitled Matthew Chaney,
individually and on behalf of all others similarly situated,
Plaintiff, v. Vermont Bread Company, et al., Defendants, Case No.
2:21-cv-00120, in the U.S. District Court for the District of
Vermont.
The suit is brought against the Defendants to recover damages in
the amount of 60 days' pay and employee benefits by reason of the
Defendants' violation of the Plaintiff's rights under the Worker
Adjustment and Retraining Notification Act of 1988.
On Nov. 26, 2025, judgment is entered in the amount of
$2,987,040.60 for the Plaintiffs against the Defendants.
The appellate case is entitled Chaney v. Vermont Bread Company,
Case No. 25-3017, in the United States Court of Appeals for the
Second Circuit, filed on December 1, 2025. [BN]
Plaintiffs-Appellees MATTHEW CHANEY, et al., individually and on
behalf of all others similarly situated, are represented by:
Thomas P. Aicher, Esq.
CLEARY SHAHI & AICHER, PC
110 Merchants Row
P.O. Box 6740, Suite 3
Rutland, VT 05701
- and -
Mary E. Olsen, Esq.
THE GARDNER FIRM, PC
P.O. Drawer 3103
Mobile, AL 36652
- and -
Stuart J. Miller, Esq.
LANKENAU & MILLER, LLP
100 Church Street, 8th Floor
New York, NY 10007
Defendants-Appellants KK BAKERY INVESTMENT COMPANY, LLC, et al.,
are represented by:
Harold B. Stevens, III, Esq.
STEVENS LAW OFFICE
127 Mountain Road
P.O. Box 1200
Stowe, VT 05672
LEGO BRAND: Huston Wage-and-Hour Suit Removed to C.D. Calif.
------------------------------------------------------------
The case MATTHEW HUSTON, individually and on behalf of all others
similarly situated v. LEGO BRAND RETAIL, INC. and DOES 1 to 50,
inclusive, Case No. 30-2025-01520312-CU-OE-CXC, was removed from
the Superior Court of the State California for the County of Orange
to the United States District Court for the Central District of
California on November 24, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 8:25-cv-02693-FWS-ADS to the proceeding.
The suit is brought against the Defendant for alleged violation of
California Labor Code.
Lego Brand Retail, Inc. is a retailer located in Enfield,
Connecticut. [BN]
The Defendant is represented by:
Jonathan P. Schmidt, Esq.
Emma C. Cunningham, Esq.
JACKSON LEWIS PC
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Telephone: (949) 885-1360
Email: Jonathan.Schmidt@jacksonlewis.com
Emma.Cunningham@jacksonlewis.com
LOVEPOP INC: Faces TCPA Class Action Over Holiday Text Messages
---------------------------------------------------------------
Oliver Shapiro of TCPAWorld reports that a new TCPA class action
was just filed in the Central District of California against
LovePop, Inc. due to Lovepop allegedly sending text messages to
Plaintiff Richard Evans outside the quiet hours and while his phone
number was on the National DNC Registry.
And based on the screenshots in the Complaint, many of those texts
were pushing holiday card purchases -- which is festive, sure, but
raises questions about its legality.
For the National DNC component of the case, are text messages still
even covered under the DNC provisions? I'm new to the TCPA space
but from what I've seen, these quiet hour provision cases are
gaining a lot more notoriety than before. Remember, it is a
violation of the TCPA to contact a consumer between the hours of
9:00 p.m. and 8:00 a.m. at the called party's location. That last
bit is crucial because if you're running a nationwide texting
campaign, you'd better know your time zones!
For the National DNC component of the case, are text messages still
even covered under the DNC provisions?
I'm trying to keep up as it is just my first week on the job. But I
know we move fast around here!
I will be keeping an eye to see how this case unfolds. More from me
soon, TCPAWorld. [GN]
MARQUIS SOFTWARE: Suit Balks at Unauthorized Personal Info Access
-----------------------------------------------------------------
DAVID ROBINSON SR., individually and on behalf of all others
similarly situated, Plaintiff v. MARQUIS SOFTWARE SOLUTIONS, INC.
and NORWAY SAVINGS BANK, Defendants, Case No. 4:25-cv-01306 (E.D.
Tex., December 1, 2025) is a class action against the Defendant 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 of the Plaintiff
and similarly situated individuals stored within their network
systems following a data breach on August 14, 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.
Marquis Software Solutions, Inc. is a software firm, headquartered
in Plano, Texas.
Norway Savings Bank is a mutual banking and financial services
company headquartered in Norway, Maine. [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
Email: jkendall@kendalllawgroup.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
MORRIS MOHAWK: Court Denies CEO's Bid to Dismiss "Woods"
--------------------------------------------------------
In the case captioned BILLI JO WOODS, Plaintiff, v. MORRIS MOHAWK
GAMING GROUP, et al., Defendants, Civil No. 3:23-cv-00053-GFVT,
Judge Gregory F. Van Tatenhove of the United States District Court
for the Eastern District of Kentucky denied Defendant Alwyn
Morris's Motion to Dismiss for lack of personal jurisdiction and
insufficient service of process.
Morris is the founder, CEO, and owner of Morris Mohawk Gaming
Group, a private company organized under the laws of Canada. On
August 8, 2023, Woods filed a Complaint against Defendants Morris
Mohawk Gaming Group, Alwyn Morris, Calvin Ayre, and Harp Media BV.
Woods alleges that the Defendants operate online gaming websites,
and that she and others lost money wagering on Defendants' games of
chance. Specifically, Woods alleges that the Defendants' alleged
conduct violates KRS Section 372.010.
In the more than two years which have transpired since this
Complaint was filed, Woods has been unable to serve process upon
any of the four defendants. Appearing specially, Morris sought
dismissal of this action for lack of personal jurisdiction under
Rule 12(b)(2) and for insufficient service of process under Rule
12(b)(5).
The Court first addressed whether Morris's activities fall within
the scope of KRS Section 454.210, Kentucky's Long-Arm Statute.
Because Woods' complaint was filed in 2023, well before the
amendments to the Long-Arm Statute were enacted, the Court
determined whether Morris's activities fall within the
pre-amendment version of KRS Section 454.210.
Woods contends that Morris transacted any business within Kentucky
as defined in KRS Section 454.210(2)(a)(1). Specifically, Woods
contends that Morris transacted any business in Kentucky by
accepting registration and funds from Kentucky customers, providing
services to Kentucky customers in the form of live table games and
other casino games, and accepting online payments to customers in
Kentucky. Construing the facts presented in the light most
favorable to the party opposing dismissal, the Court found it is
clear that Morris transacted business in Kentucky within the
meaning of KRS 454.210(2)(a)(1). The Court noted that the use of
the word any establishes that even the slightest transaction is
sufficient to bring a corporation within the forum's long-arm
jurisdiction. While mere passive advertisements accessible by
Kentuckians, absent more, may be insufficient to qualify as
transacting business, Morris's activities go well beyond passive
advertisement. Regardless of whether the Bovada websites actively
targeted Kentucky residents through advertising initiatives, the
Defendants allowed Kentuckians to register on the website, allowed
Kentuckians to make deposits, and engaged virtually with Kentucky
residents through live interactive casino games. This constituted
transacting business in Kentucky, and Woods's claims arise directly
from these actions.
Woods also asserts that Morris's activities fall within the scope
of KRS Section 454.210(2)(a)(4). The activities of Defendant Morris
clearly fall within the scope of 454.210(2)(a)(4). As outlined in
Woods' complaint, Morris and the Bovada websites inflicted tortious
injury upon Woods, and those similarly situated, by operating a
gambling enterprise and actively engaging in online casino games
with Kentuckians. These Kentuckians allege a prima facie injury in
the form of financial loss, in violation of Kentucky law, resulting
in thousands of dollars flowing to the benefit of the owners and
operators of the Bovada websites, including Morris, its brand
licensee. And these activities were persistent.
The Court found it is clear that Morris's activities within
Kentucky arise from Woods's cause of action. Woods's complaint,
seeking damages stemming from gambling losses, undeniably lie in
the wake of Morris's activities in directing and operating online
gambling enterprises in Kentucky. These are precisely the
activities opening and maintaining accounts for Kentucky residents,
receiving Kentuckians' funds, and engaging with Kentuckians in live
online casino gambling which established the statutory predicate
for long-arm jurisdiction. Consequently, the activities undertaken
by Morris, by and through the Bodog Network and the Bovada
Websites, are sufficient to bring him within the scope of
Kentucky's long-arm statute.
The Court independently addressed whether Morris's activities are
sufficient to meet the due process requirements of the Fifth and
Fourteenth Amendments to the U.S. Constitution. The Court applied a
three-part test in making the determination of whether the exercise
of personal jurisdiction over Morris comports with due process.
First, the Court determined whether Morris, through his activities
with respect to the Bovada websites, purposefully availed himself
of the privilege of conducting activities within Kentucky. The
Bovada websites allow Kentuckians to register and deposit money,
which they may then gamble and wager with the deposited money
through interactive casino games on the Websites. Importantly,
users can engage in live dealer games. The Court found that once
users accessed the Bovada websites, they were permitted to open an
account, deposit funds, and engage in games involving a live
dealer. This is more than a passive engagement; it is a business
transaction involving mutual engagement on the part of both the
website user and the operators of the Bovada websites. Taken
together, Defendants' activities demonstrate, at minimum, a
voluntary, intentional, and interactive engagement with the forum
state sufficient to make a prima facie showing of purposeful
availment.
Second, the Court addressed whether the Plaintiff's claim arises
out of the Defendant's activities in the forum state. The Court
found it is abundantly clear that the activities of the Bovada
websites operating online, interactive casino gaming websites are
substantially connected to Woods cause of action seeking damages
stemming from gambling losses under Kentucky state law. Therefore,
the arises out of prong is easily satisfied.
Third, the Court determined whether the Court's exercise of
personal jurisdiction over Morris is reasonable. The Court noted
that where a defendant has purposefully availed himself of the
privilege of conducting business in the forum state, it is
presumptively not unreasonable to require him to submit to the
burdens of litigation in that forum. An analysis of the factors
pointed to a conclusion that the exercise of jurisdiction over
Morris is reasonable. The Sixth Circuit has held requiring a
Canadian resident to litigate a case in Kentucky is not overly
burdensome. As in Aristech, only a short plane flight separates
Quebec from central Kentucky. Kentucky certainly has an elevated
interest in addressing an alleged harm brought upon its own
citizens.
Morris also sought dismissal of this case for insufficient service
of process pursuant to Fed. R. Civ. P. 12(b)(5). The Court found
that Woods has demonstrated good cause. Woods attempted service
upon Morris and Morris Mohawk Gaming Group pursuant to the Hague
Convention, pursuant to the Court's prior Order. Despite serving
process upon the Central Authority of Canada, as required by the
Hague Convention, Morris has still yet to be served after more than
six months have elapsed. This failure to effectuate service,
therefore, can hardly be said to be the fault of Woods. In fact,
Woods has renewed her Motion for Alternative Service, and that
motion is concurrently pending before the Court. Thus, it is clear
that Woods has undertaken a reasonable, diligent effort to timely
effect service of process, to establish good cause. The Court must,
therefore, permit an extension of time for Woods to effectuate
service of process. As a result, dismissing the case for
insufficient service of process at this juncture would be both
improper and premature.
Accordingly, the Court denied Morris's Motion to Dismiss for lack
of personal jurisdiction and insufficient service of process,
pursuant to Rules 12(b)(2) and 12(b)(5).
A copy of the Court's decision dated December 2, 2025, is available
at https://urlcurt.com/u?l=OiCT2G from PacerMonitor.com
NASHVILLE, TN: Faces Scott Suit Over Civil Rights Violations
------------------------------------------------------------
MARTIN SCOTT, individually and on behalf of all others similarly
situated, Plaintiff v. METRO. GOV'T. OF NASHVILLE AND DAVIDSON
COUNTY, TRACKING SOLUTIONS, INC., MALLORY WITHERS, BRIAN CAVALIERE,
and TYLER LEWIS, Defendants, Case No. 3:25-cv-01393 (M.D. Tenn.,
December 2, 2025) is a class action against the Defendants for
violations of rights under the First, Fourth, and Fourteenth
Amendments to the United States Constitution and for declaratory,
injunctive, and monetary relief.
According to the complaint, the Defendants, acting individually and
in concert, used false reports, fabricated evidence, retaliatory
prosecutions, and unconstitutional bail and pretrial-monitoring
procedures to deprive the Plaintiff of liberty and to punish him
for engaging in protected whistleblower activity, including lawful
Internal Revenue Service reporting and petitioning courts and
federal authorities.
Metropolitan Government of Nashville and Davidson County is a
political subdivision of the State of Tennessee.
Tracking Solutions, Inc. is a provider of electronic monitoring to
the criminal justice system based in Ohio. [BN]
The Plaintiff is represented by:
Cody Johnson, Esq.
102 East Main St., Suite A
Lebanon, TN 37087
Telephone: (629) 200-7774
Email: cody@turklaylaw.com
NEUHAUS INC: Fagnani Seeks Equal Website Access for the Blind
-------------------------------------------------------------
MYKAYLA FAGNANI, on behalf of herself and all other persons
similarly situated, Plaintiff v. NEUHAUS INC., Defendant, Case No.
1:25-cv-09779 (S.D.N.Y., November 25, 2025) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons in violation of the Americans with
Disabilities Act.
During Plaintiff's visits to the website, the last occurring on
November 18, 2025, in an attempt to purchase Limited Edition
Souvenirs from Defendant and to view the information on the
website, the Plaintiff encountered multiple access barriers that
denied her a shopping experience similar to that of a sighted
person and full and equal access to the goods and services offered
to the public and made available to the public, says the suit.
By failing to make its website available in a manner compatible
with computer screen reader programs, the Defendant deprives blind
and visually-impaired individuals the benefits of its online goods,
content, and services -- all benefits it affords nondisabled
individuals -- hereby increasing the sense of isolation and stigma
among those persons that the ADA was meant to redress.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Neuhaus Inc. operates the website that offers Belgian
chocolates.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: jeffrey@gottlieb.legal
dana@gottlieb.legal
michael@gottlieb.legal
NIDEC CORP: Rosen Laws Probes Potential Securities Claims
---------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Nidec Corporation (OTC: NJDCY) resulting from
allegations that Nidec Corporation may have issued materially
misleading business information to the investing public.
SO WHAT: If you purchased Nidec Corporation securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
WHAT TO DO NEXT: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=47559 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
WHAT IS THIS ABOUT: On September 3, 2025, after market close, CNBC
published an article entitled "Nidec shares plunge 22% as China
unit probe finds accounting issues tied to management." The article
further stated that shares of Nidec fell "after the company
announced a probe into allegations of improper accounting in its
group. This marks the largest one-day drop in the Japanese
electronics components manufacturer's shares."
On this news, Nidec American Depositary Receipts ("ADRs") fell
22.7% on September 4, 2025.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
OKLAHOMA SPINE: Agrees to Settle 2024 Data Breach Suit for $1.1MM
-----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Oklahoma Spine
Hospital has agreed to a $1,100,000 class action settlement to
resolve a lawsuit over a July 2024 data breach that allegedly
compromised patients' private health information.
The Oklahoma Spine Hospital class action settlement received
preliminary approval from the court on September 9, 2025 and covers
all individuals who were sent a data breach notice letter from
Oklahoma Spine Hospital regarding the incident discovered on or
about July 1, 2024.
According to settlement documents, approximately 38,945 settlement
class members had their personal information potentially
compromised in the Oklahoma Spine Hospital data breach.
The court-approved website for the Oklahoma Spine Hospital
settlement is OSHDataIncidentSettlement.com.
According to the settlement website, settlement class members who
submit a timely, valid claim form are eligible to receive up to
$10,000 in reimbursement for documented out-of-pocket expenses
incurred between July 1, 2024 and January 7, 2026 as a result of
the data breach. Claim forms for reimbursement of documented
out-of-pocket losses must include supporting proof, such as bank
statements or receipts, showing that the expenses were reasonably
related to the data breach, the settlement website explains.
The settlement website adds that class members are also eligible to
submit a claim form for a one-time pro rata (equal share) cash
payment from the amount remaining in the settlement fund after all
expenses and other benefits have been paid. Per the settlement
website, the payment settlement payout is expected to be
approximately $100 per claimant, and the amount may increase or
decrease depending on the total number of valid claims that are
filed.
Finally, all settlement class members are eligible to receive up to
three years of one-bureau credit monitoring, which includes fully
managed identity recovery services, dark web monitoring and
identity theft insurance up to $1,000,000.
To submit an Oklahoma Spine Hospital settlement claim form, class
members can go to this page on the settlement website and enter the
unique notice ID and PIN found on their copy of the settlement
notice. Class members who prefer to submit their claim form by mail
can download a PDF of the claim form to print, complete, and mail
to the settlement administrator.
All Oklahoma Spine Hospital claim forms must be submitted online or
postmarked by January 7, 2026.
The court will decide whether to grant final approval to the class
action settlement at a hearing on February 17, 2026. Compensation
will begin to be distributed to class members only after final
approval is granted and any appeals are resolved.
The Oklahoma Spine Hospital class action lawsuit alleged that an
unauthorized third party gained access to an employee's email
account on or about July 1, 2024. The data breach potentially
exposed patients' private information, including Social Security
numbers, financial account and routing numbers, medical records and
health insurance information, the case alleged.[GN]
ORACLE CORP: Fails to Protect Sensitive Data, Nance Alleges
-----------------------------------------------------------
JAMES NANCE individually and on behalf of all others similarly
situated, Plaintiff v. ORACLE CORPORATION and WP COMPANY LLC d/b/a
THE WASHINGTON POST, Defendants, Case No. 1:25-cv-01924 (W.D. Tex.,
November 25, 2025) is a class action arising from the Defendants'
failure to protect highly sensitive data.
Oracle stores a litany of highly sensitive personal identifiable
information about Plaintiff and other current and former employees
and/or customers of Defendant Washington Post. On October 27, 2025,
Defendant Washington Post learned that Plaintiff's information was
impacted by a data security incidence in which unauthorized actors
accessed and acquired data from Defendant's information technology
systems from July 10, 2025 to August 22, 2025.
Subsequently, Defendant Washington Post sent out notifications
dated November 12, 2025 to Plaintiff and the purported Class
Members informing them that their information was impacted by the
data breach. The Defendants' storage of such PII was inadequately
protected and resulted to exposure to cybercriminals in the data
breach.
The complaint alleges that cybercriminals were able to breach
Defendants' systems because Defendants failed to adequately train
their employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class' PII.
Oracle Corp. is a multinational technology and enterprise software
firm based in Austin, Texas.
Washington Post is a major American newspaper and digital media
company based in Washington D.C.[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
E-mail: 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
E-mail: gstranch@stranchlaw.com
gwella@stranchlaw.com
ORACLE CORP: Torrente Sues Over Failure to Secure Personal Info
---------------------------------------------------------------
ANDREW TORRENTE, individually and on behalf of all others similarly
situated, Plaintiff v. ORACLE CORPORATION and SCHNEIDER ELECTRIC
USA, Defendants, Case No. 1:25-cv-01960 (W.D. Tex., December 2,
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 of the Plaintiff
and similarly situated individuals stored within their network
systems following a data breach on July 10, 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.
Oracle Corporation is a multinational technology and enterprise
software firm based in Austin, Texas.
Schneider Electric USA is an energy management corporation, with
its principal place of business in Boston, Massachusetts. [BN]
The Plaintiff is represented by:
Brittany Resch, 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: bresch@straussborrelli.com
- and -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHENMALAD LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenmalad.com
athomas@cohenamalad.com
PACHECO GROUP: Marino Balks at Property's Architectural Barriers
----------------------------------------------------------------
JOSE MARINO, Plaintiff v. PACHECO GROUP, LLC, MACONDO DORAL, INC.
D/B/A MACONDO COFFEE ROASTER, and MIAMI TO BRAZIL RODIZIO DORAL
LLC, D/B/A MIAMI TO BRAZIL RODIZIO DORAL, Defendants, Case No.
1:25-cv-25531 (S.D. Fla., November 25, 2025) is a class action for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act.
The Plaintiff has lower paraplegia (T-5 level), which inhibits him
from walking or otherwise ambulating without the use of a
wheelchair. He additionally has limitations involving his arms and
hands and has limitations in his major life activities by such,
including but not limited to walking and standing.
The Plaintiff visited the subject commercial property and
businesses located therein as a patron/customer and intends to
return to the commercial property in order to avail himself of the
goods and services offered to the public at the commercial
property. However, he found the Defendants' commercial property,
commercial coffee shop and commercial restaurant businesses to be
rife with ADA violations due to some architectural barriers.
The Defendants have each individually and together discriminated
against the individual Plaintiff by denying him access to, and full
and equal enjoyment of, the goods, services, facilities,
privileges, advantages and/or accommodations of the properties and
the businesses thereon, says the suit.
Pacheco Group owns and operates a commercial property constituting
a commercial plaza located in Florida.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Doral, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
E-mail: ajp@ajperezlawgroup.com
PERSANTE HEALTH: Raices Sues Over Unauthorized Personal Info Access
-------------------------------------------------------------------
MARCUS RAICES, individually and on behalf of all others similarly
situated, Plaintiff v. PERSANTE HEALTH CARE, INC., Defendant, Case
No. 1:25-cv-18095 (D.N.J., December 2, 2025) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, unjust enrichment, and injunctive/declaratory
judgment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
individuals stored within its network systems following a data
breach between January 23 and 28, 2025. The Defendant also failed
to timely notify the Plaintiff and similarly situated individuals
about the data breach. As a result, the private information of the
Plaintiff and Class members was compromised and damaged through
access by and disclosure to unknown and unauthorized third parties,
says the suit.
Persante Health Care, Inc. is a health care provider, with its
principal place of business in Mt. Laurel, New Jersey. [BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: lloginov@shamisgentile.com
PLANT PROGRAM: T.F. Sues Over Deceptive Seltzer Ad
--------------------------------------------------
T.F., on behalf of himself and all others similarly situated,
Plaintiff v. THE PLANT PROGRAM, INC. d/b/a NEW BREW KRATOM
Defendant, Case No. 25STCV34384 (Cal. Super., Los Angeles Cty.,
November 25, 2025) is a class action against the Defendant for the
misleading and deceptive marketing of its seltzer products
containing Kratom and Kava.
According to the complaint, the Defendant affirmatively markets and
portrays their kratom beverages as healthy, natural herbal
supplements through the representations on the products themselves
and on its website. In reality, however, the products contain an
addictive quasi-opioid.
The Defendant misleads well-meaning, health-conscious consumers
about the serious risk of addiction and adverse health effects from
consuming its products, says the suit.
Plaintiff T.F. first purchased a New Brew beverage around October
2023 that he bought from Anna's Joint in Long Beach, California.
The Plant Program, Inc. is a company that provides
kratom-containing beverages.[BN]
The Plaintiff is represented by:
Mike Arias, Esq.
Arnold C. Wang, Esq.
ARIAS SANGUINETTI WANG & TEAM LLP
6701 Center Drive West, 14th Floor
Los Angeles, CA 90045
Telephone: (310) 844-9696
Facsimile: (310) 861-0168
E-mail: mike@aswtlawyers.com
arnold@aswtlawyers.com
- and -
Steven D. Liddle, Esq.
D. Reed Solt, Esq.
LIDDLE SHEETS P.C.
975 E. Jefferson Avenue
Detroit, MI 48207
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
E-mail: sliddle@lsccounsel.com
rsolt@lsccounsel.com
R&L CARRIERS: Vazquez Appeals Amended Suit Dismissal to 9th Circuit
-------------------------------------------------------------------
JOSE VAZQUEZ is taking an appeal from a court order dismissing his
lawsuit entitled Jose Vazquez, individually and on behalf of all
others similarly situated, Plaintiff, v. R&L Carriers Shared
Services, LLC, et al., Defendants, Case No. 5:24-cv-01947-JGB-DTB,
in the U.S. District Court for the Central District of California.
The suit, which was removed from the Superior Court of the State of
Superior Court of the State of California, County of San
Bernardino, to the U.S. District Court for the Central District of
California, is brought against the Defendants for violations of
California Labor Code.
On Mar. 28, 2025, the Plaintiff filed a first amended complaint,
which the Defendants moved to dismiss on Apr. 11, 2025.
On Sept. 30, 2025, Judge Jesus G. Bernal entered an Order granting
the Defendants' motion to dismiss. Accordingly, the Court finds
that amendment would be futile and dismissed the FAC without leave
to amend.
The appellate case is entitled Vazquez v. R&L Carriers Shared
Services, LLC, et al., Case No. 25-7571, in the United States Court
of Appeals for the Ninth Circuit, filed on December 2, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on December 8,
2025;
-- Appellant's Opening Brief is due on January 12, 2026; and
-- Appellee's Answering Brief is due on February 10, 2026. [BN]
Plaintiff-Appellant JOSE VAZQUEZ, individually and on behalf of all
others similarly situated, is represented by:
David Daniel Bibiyan, Esq.
Henry Glitz, Esq.
BIBIYAN LAW GROUP, PC
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
Defendants-Appellees R&L CARRIERS SHARED SERVICES, LLC, et al., are
represented by:
Cheryl L. Schreck, Esq.
FISHER & PHILLIPS, LLP
444 S. Flower Street, Suite 1500
Los Angeles, CA 90071
- and -
Amanda Washton, Esq.
THOMPSON HINE, LLP
2049 Century Park East, Suite 3500
Los Angeles, CA 90067
- and -
Anthony C. White, Esq.
THOMPSON HINE LLP
41 South High Street, Suite 1700
Columbus, OH 43215
REPUBLIC WASTE: Rodriguez Labor Suit Removed to C.D. Calif.
-----------------------------------------------------------
The case JOEL GARCIA RODRIGUEZ, individually and on behalf of all
others similarly situated v. REPUBLIC WASTE SERVICES OF SOUTHERN
CALIFORNIA, LLC, REPUBLIC SERVICES OF SOUTHERN CALIFORNIA, LLC,
REPUBLIC SERVICES OF CALIFORNIA II, LLC, and REPUBLIC SERVICES,
INC., and DOES 1 through 100, inclusive, Case No.
30-2025-01512889-CUOE-CXC, was removed from the Superior Court of
the State California for the County of Orange to the United States
District Court for the Central District of California on December
1, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 8:25-cv-02679 to the proceeding.
The suit is brought against the Defendants for alleged violations
of California Labor Code and California Business and Professions
Code.
Republic Waste Services of Southern California, LLC is a waste
management services company in California.
Republic Services of Southern California, LLC is a waste management
services company in California.
Republic Services of California II, LLC is a waste management
services company in California.
Republic Services, Inc. is a waste management services company in
California. [BN]
The Defendants are represented by:
Shahram Samie, Esq.
LITTLER MENDELSON, PC
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Telephone: (310) 553-0308
Facsimile: (800) 715-1330
- and -
Matthew Morris, Esq.
LITTLER MENDELSON, PC
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Telephone: (213) 443-4300
Facsimile: (800) 715-1330
RIDGE TOOL: Madonna Class Suit Removed to D.N.J.
------------------------------------------------
The case PASQUALE MADONNA and JENNIFER MADONNA, h/w, individually
and on behalf of all others similarly situated v. RIDGE TOOL
COMPANY, EMERSON PROFESSIONAL TOOLS, LLC, EMERSON PROFESSIONAL
TOOLS MFG LLC, EMERSON ELECTRIC CO., TECHTRONIC INDUSTRIES NORTH
AMERICA, INC. a/k/a TTI GROUP, TECHTRONIC INDUSTRIES POWER
EQUIPMENT, ONE WORLD TECHNOLOGIES, INC., HOME DEPOT U.S.A., INC.,
JOHN DOES 1-5 and XYZ CORP. NOS. 1-5, Case No. CAM-L-003320-25, was
removed from the Superior Court of New Jersey, Law Division, Camden
County, to the United States District Court for the District of New
Jersey on December 1, 2025.
The Clerk of Court for the District of New Jersey assigned Case No.
1:25-cv-18065 to the proceeding.
The suit is brought against the Defendants for alleged negligence,
strict liability and breach of warranty.
Ridge Tool Company is a manufacturer of professional-grade hand and
power tools based in Ohio.
Emerson Professional Tools, LLC is a manufacturer of professional
tools based in Ohio.
Emerson Professional Tools Mfg LLC is a manufacturer of
professional tools based in Arkansas.
Emerson Electric Co. is an engineering services company,
headquartered in St. Louis, Missouri.
Techtronic Industries North America, Inc., also known as TTI Group,
is a manufacturer of power tools and products based in Florida.
Techtronic Industries Power Equipment is a manufacturer of power
equipment.
One World Technologies, Inc. is a manufacturer of power tools based
in South Carolina.
Home Depot U.S.A., Inc. is a home improvement retailer
headquartered in Georgia. [BN]
The Defendants are represented by:
David R. Kott, Esq.
McCARTER & ENGLISH, LLP
Four Gateway Center
100 Mulberry Street
Newark, NJ 07102
Telephone: (973) 639-2056
ROCKY MOUNTAIN: Agrees to Settle 2024 Data Breach Class Action
--------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that Rocky Mountain
Gastroenterology (RMG) has agreed to settle a class action lawsuit
alleging that the healthcare provider failed to implement proper
security measures to protect sensitive patient information, which
led to a September 2024 data breach.
The Rocky Mountain Gastroenterology class action settlement covers
approximately 366,491 United States residents whose private
information may have been compromised in the September 2024 RMG
data breach.
The court-approved website for the RMG data breach settlement can
be found at https://www.RockyMountainSettlement.com/.
According to the website, Rocky Mountain Gastro settlement class
members who submit a valid, timely claim form have multiple options
for reimbursement. Those who submit with their claim form
documented proof of out-of-pocket expenses may be eligible to
receive a one-time cash payment of up to $1,000. According to the
settlement agreement, reimbursable expenses must be reasonably
traced back to the Rocky Mountain Gastro data breach and cover
costs related to identity theft, fraud, credit monitoring, bank
fees and other misuse of private information.
Further, all settlement class members will be provided a code to
enroll in two free years of Medical Shield Complete from CyEx,
which includes one-bureau credit monitoring and monitoring of
certain categories of medical information.
Per the settlement agreement, class members may elect to receive
their payout via check or electronic payment when submitting their
claim form, and CyEx enrollment codes will be distributed via
email.
To submit an RMG settlement claim form online, class members can
head to this page and enter the unique class member ID and PIN
found on their copy of the settlement notice. Consumers who believe
they may be a class member but did not receive an RMG settlement
notice should contact the settlement administrator to confirm their
identity and receive their login information.
Alternatively, class members may download a PDF of the claim form
from the Rocky Mountain Gastro settlement site to print, fill out
and return by mail to the address listed near the bottom of the
document.
All RMG settlement claim forms must be submitted online or by mail
by February 2, 2026.
The court will determine whether to grant final approval to the RMG
settlement at a hearing on January 23, 2026. Compensation will
begin to be distributed to class members only after final approval
is granted and any appeals are resolved.
The Rocky Mountain Gastroenterology class action lawsuit alleged
that the Colorado-based healthcare provider failed to protect the
private information of its current and former patients from a
targeted data breach in September 2024. According to the settlement
website, the private information impacted by the data breach
included, but was not limited to, names, Social Security numbers,
dates of birth, medical records and health insurance information.
[GN]
SAFECO INSURANCE: Fennell Appeals Suit Dismissal to 6th Circuit
---------------------------------------------------------------
BRIAN FENNELL is taking an appeal from a court order dismissing the
lawsuit entitled Brian Fennell, individually and on behalf of all
others similarly situated, Plaintiff, v. Safeco Insurance Company
of Illinois, et al., Defendants, Case No. 1:23-cv-02125, in the
U.S. District Court for the Northern District of Ohio.
The suit seeks to stop the Defendant's unlawful practice of denying
insurance claims without legal basis.
On Feb. 21, 2025, the Defendant filed a renewed motion to dismiss
all claims.
On Apr. 10, 2025, the Plaintiff filed a motion for leave to file
first amended class action complaint.
On Oct. 28, 2025, Judge Solomon Oliver, Jr. entered an Order
denying the Plaintiff's motion for leave to file first amended
class action complaint and granting the Defendant's renewed motion
to dismiss.
The appellate case is entitled Brian Fennell v. Safeco Insurance
Company of Illinois, et al., Case No. 25-3944, in the United States
Court of Appeals for the Sixth Circuit, filed on December 1, 2025.
[BN]
Plaintiff-Appellant BRIAN FENNELL, individually and on behalf of
all others similarly situated, is represented by:
Patrick J. Perotti, Esq.
DWORKEN & BERNSTEIN
60 S. Park Place
Painesville, OH 44077
Telephone: (440) 352-3391
Defendant-Appellee SAFECO INSURANCE COMPANY OF ILLINOIS, et al. are
represented by:
William M. Harter, Esq.
FROST BROWN TODD
10 W. Broad Street, Suite 2300
Columbus, OH 43215
Telephone: (614) 464-1211
SITUSAMC HOLDINGS: Faces Lewis Suit Over Data Breach
----------------------------------------------------
JUDITH LEWIS, on behalf of herself and all others similarly
situated, Plaintiff v. SITUSAMC HOLDINGS CORPORATION, Defendant,
Case No. 1:25-cv-09824-UA (S.D.N.Y., November 25, 2025) is a class
action arising out of the recent data breach involving Defendant.
The Plaintiff brings this complaint against Defendant for its
failure to properly secure and safeguard the personally
identifiable information that it collected and maintained as part
of its regular business practices, including Plaintiff's and Class
Members' name and Social Security numbers.
By obtaining, collecting, using, and deriving a benefit from the
private information of Plaintiff and Class Members, the Defendant
assumed legal and equitable duties to those individuals to protect
and safeguard that information from unauthorized access and
intrusion. In breaching its duties to properly safeguard
Plaintiff's and Class Members' private information and give them
timely, adequate notice of the data breach's occurrence,
Defendant's conduct amounts to negligence and/or recklessness and
violates federal and state statutes, says the suit.
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.
Situsamc Holdings Corp. is a New York-based real estate finance
services firm.[BN]
The Plaintiff is represented by:
Mark K. Svensson, Esq.
MILBERG, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (202) 975-0468
E-mail: msvensson@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: gklinger@milberg.com
SMC CORP: Fails to Protect Personal, Health Info, Paxson Says
-------------------------------------------------------------
JOHN PAXSON, individually and on behalf of all others similarly
situated, Plaintiff v. SMC CORPORATION OF AMERICA, Defendant, Case
No. 1:25-cv-02446-SEB-TAB (S.D. Ind., December 1, 2025) is a class
action against the Defendant for negligence, negligence per se,
breach of implied contract, invasion of privacy, unjust enrichment,
breach of confidence, and declaratory judgment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
individuals stored within its network systems following a data
breach on or around December 8, 2024. The Defendant also failed to
timely notify the Plaintiff and similarly situated individuals
about the data breach. As a result, the private information of the
Plaintiff and Class members was compromised and damaged through
access by and disclosure to unknown and unauthorized third
parties.
SMC Corporation of America is a pneumatic technology firm, with its
principal place of business in Noblesville, Indiana. [BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
Taylor E. Cody, Esq.
COHENMALAD, LLP
One Indiana Square, Ste. 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
Email: ltoops@cohenmalad.com
athomas@cohenmalad.com
tcody@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
SUPERGOOP LLC: Faces Senior Suit Over Blind-Inaccessible Website
----------------------------------------------------------------
MILAGROS SENIOR, individually and on behalf of all others similarly
situated, Plaintiff v. SUPERGOOP LLC, Defendant, Case No.
1:25-cv-09974 (S.D.N.Y., December 2, 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://supergoopstore.com/, 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.
Supergoop LLC 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
TANDEM DIABETES: Rosen Law Probes Potential Securities Claims
-------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, continues
to investigate potential securities claims on behalf of
shareholders of Tandem Diabetes Care, Inc. (NASDAQ: TNDM) resulting
from allegations that Tandem Diabetes Care may have issued
materially misleading business information to the investing
public.
SO WHAT: If you purchased Tandem Diabetes securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
WHAT TO DO NEXT: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=19024 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
WHAT IS THIS ABOUT: On August 7, 2025, before the market opened,
the company issued a press release entitled "Tandem Diabetes Care
Issues Voluntary Medical Device Correction for Select t:slim X2
Insulin Pumps." The release stated that Tandem Diabetes had
"announced a voluntary medical device correction for select t:slim
X2 insulin pumps to address a potential speaker-related issue that
can trigger an error resulting in a discontinuation of insulin
delivery."
On this news, Tandem Diabetes' stock fell 19.9% on August 7, 2025.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
TARGET CORP: Norman Labor Suit Removed to C.D. Calif.
-----------------------------------------------------
The case CORINA MARIE NORMAN, individually and on behalf of all
others similarly situated v. TARGET CORPORATION and DOES 1 through
100, inclusive, Case No. CIVSB2530157, was removed from the
Superior Court of the State California for the County of San
Bernardino to the United States District Court for the Central
District of California on November 24, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 5:25-cv-03245-JGB-SP to the proceeding.
The suit is brought against the Defendant for alleged violation of
California Labor Code.
Target Corporation is an American retail corporation, headquartered
in Minneapolis, Minnesota. [BN]
The Defendant is represented by:
Joseph G. Schmitt, Esq.
Mark J. Girouard, Esq.
Courtney L. Burks, Esq.
Cody B. Humpherys, Esq.
NILAN JOHNSON LEWIS PA
250 Marquette Avenue South, Suite 800
Minneapolis, MN 55401
Telephone: (612) 305-7500
Facsimile: (612) 305-7501
Email: jschmitt@nilanjohnson.com
mgirouard@nilanjohnson.com
cburks@nilanjohnson.com
chumpherys@nilanjohnson.com
TEXAS: Ten Commandments Displays in School, "Unconstitutional"
--------------------------------------------------------------
Black Chronicle News Service reports that a group of 18 multifaith
and nonreligious Texas families have brought a class action lawsuit
to stop all Texas public school districts from displaying the Ten
Commandments in every classroom.
On Dec. 2, the American Civil Liberties Union of Texas filed the
case Ashby v. Schertz-Cibolo-Universal ISD, the first class action
lawsuit and the third suit challenging Senate Bill 10.
"The courts are clear that forcing displays of the Ten Commandments
on Texas students is unconstitutional," said Chloe Kempf, attorney
at the ACLU of Texas. "Yet Texas school districts won't stop.
Enough is enough. With this class action lawsuit, Texans are coming
together to say: Students and families -- not the government --
should decide how or whether they practice their faith."
Although two federal judges in Texas have ruled that S.B. 10 is
unconstitutional, school districts across the state continue to
display the Ten Commandments.
The ACLU of Texas maintains the new case is necessary because
public school districts continue to violate the constitutional
rights of students and their families.
"Politicians are abusing their power to advance a religious
extremist agenda and impose one narrow set of religious beliefs on
Texas school children. Not on our watch," said Rachel Laser
(she/her), president and CEO of Americans United for Separation of
Church and State. "Our Constitution's guarantee of church-state
separation means that families -- not politicians get to decide if,
when, and how their children engage with religion."
The class action seeks a temporary restraining order and
preliminary injunction that would stop any public school district
not already involved in litigation from displaying the Ten
Commandments.
"As Unitarian Universalists, our faith is led by equity,
compassion, and acceptance of all people," said plaintiff Caitlyn
Besser (she/her), whose children attend school in
Hurst-Euless-Bedford ISD. "The Ten Commandments posters required by
S.B. 10 impose a specific religious doctrine on my children, which
directly violates our family's faith."
Ashby v. Schertz-Cibolo-Universal ISD is filed in the U.S. District
Court for the Western District of Texas. [GN]
UNITED STATES: Bid for Prelim Injunction in "Molina" Partly Denied
------------------------------------------------------------------
In the case captioned as Jose Escobar Molina, et al., individually
and on behalf of all others similarly situated, Plaintiffs, v. U.S.
Department of Homeland Security, et al., Defendants, Civil Action
No. 25-3417 (BAH), Judge Beryl A. Howell of the United States
District Court for the District of Columbia granted in part and
denied in part the Plaintiffs' Motion for Preliminary Injunction,
to Stay Agency Action, and for Provisional Class Certification.
The Court provisionally certified the following class: All persons
who, since August 11, 2025, have been or will be arrested in this
District for alleged immigration violations without a warrant and
without a pre-arrest, individualized assessment of probable cause
that the person poses an escape risk. The Court designated this as
the Unassessed Escape Risk Class. The Court appointed counsel from
the Amica Center for Immigrant Rights, American Civil Liberties
Union Foundation of the District of Columbia, American Civil
Liberties Union Foundation, National Immigration Project,
Washington Lawyers' Committee for Civil Rights and Urban Affairs,
and Covington & Burling, LLP, as provisional counsel for the
provisionally certified plaintiff class.
The Court preliminarily enjoined the Defendants and their agents
from enforcing their policy or practice of making warrantless civil
immigration arrests in the District of Columbia without a
pre-arrest individualized determination by the arresting agent of
probable cause that the person being arrested is likely to escape
before a warrant can be obtained, as required by 8 U.S.C. Section
1357(a)(2) and 8 C.F.R. Section 287.8(c)(2)(ii). The statute and
regulation also require the same individualized determination of
probable cause that the person being arrested is in the United
States in violation of law or regulation regulating the admission,
exclusion, expulsion or removal of aliens.
The Court ordered that the Defendants shall, within 72 hours of the
issuance of this order, transmit a copy of this Order to the
Defendants' officers, employees, agents, and contractors who have
responsibilities related to the subject matter of this Order. The
Court further ordered the Defendants to comply with specific
reporting requirements.
According to the Court, any Defendant or their agent who conducts a
warrantless civil immigration arrest in the District of Columbia
shall, as soon as practicable, document the facts and circumstances
surrounding the warrantless civil immigration arrest in narrative
form. This documentation shall include the specific, particularized
facts that supported the agent's pre-arrest probable cause to
believe that the person is likely to escape before a warrant can be
obtained. The required documentation includes the following facts
that are required to be documented pursuant to the Department of
Homeland Security's Broadcast Statement of Policy on compliance
with 8 U.S.C. Section 1357(a)(2): that the alien was arrested
without a warrant; the location of the arrest and whether this
location was a place of business, residence, vehicle, or a public
area; the alien's ties to the community, if known at the time of
arrest, including family, home, or employment; and the specific,
particularized facts supporting the conclusion that the alien was
likely to escape before a warrant could be obtained. The
documentation shall include the date and time of the arrest, and
the date and time the agent completed the documentation.
The Court emphasized that in describing the individualized
assessment of escape risk in the documentation, specific details as
to the person being arrested must be provided such that the use of
boilerplate language may be deemed indicative of noncompliance. The
Court ordered that within 30 days of this Order and every 30 days
thereafter until this litigation is terminated or the Court rules
otherwise, the Defendants shall release to Plaintiffs' counsel the
documentation describing the Defendants' and their agents'
warrantless civil immigration arrests within this District, or if
requested by Plaintiffs' counsel concerning specific individual
warrantless arrests, no later than seven days after the request.
The Court established procedures for addressing alleged violations
of this Order. If the Plaintiffs have a reasonable basis to believe
that the Defendants are in substantial noncompliance with one or
more provisions of this Order, the Plaintiffs shall notify the
Defendants in writing of the specific alleged compliance issue.
Within seven days of the Plaintiffs' response, the parties shall
meet and confer. If the parties are unable to resolve the dispute
within seven days of the meet and confer, the Plaintiffs may seek
intervention from the Court by filing a motion for enforcement or a
motion for an order to show cause why the Defendants should not be
held in contempt.
The Court denied the Plaintiffs' Motion for Class Certification
without prejudice. The Court ordered the Plaintiffs to post a bond
of $1.00. This Order shall remain in effect until further order of
the Court.
A copy of the Court's decision dated December 2 is available at
https://urlcurt.com/u?l=hyzv3T from PacerMonitor.com
UNITED STATES: Ortiz Seeks Review of Final Determination of Claims
------------------------------------------------------------------
ANITA R. ORTIZ, on behalf of herself and all others similarly
situated, Plaintiff v. FEDERAL EMERGENCY MANAGEMENT AGENCY and DOES
1-20, INCLUSIVE, Defendants, Case No. 1:25-cv-01189-JMR-KK (D.N.M.,
December 1, 2025) is a class action under Hermit's Peak's Fire
Assistance Act's (HPFAA) section 104(i)(1) to modify or set aside
Federal Emergency Management Agency's (FEMA) decision and award the
Plaintiff the full amount of the actual compensatory damages
permitted under New Mexico state law.
The Plaintiff seeks judicial review of FEMA's final determination
of her claims. According to the complaint, the final determination
of the Ortiz's claims is not in accordance with the law. HPFAA
entitles claimants to noneconomic damages for interference with
personal comfort, annoyance, and inconvenience, and the final
determination categorically refuses to award those same damages,
among other damages.
Federal Emergency Management Agency is an executive agency of the
United States government. [BN]
The Plaintiff is represented by:
Antonia Roybal-Mack, Esq.
Francheska M. Bardacke, Esq.
Amelia P. Nelson, Esq.
ROYBAL-MACK & CORDOVA, PC
P.O. Box 91658
Albuquerque, NM 87199
Telephone: (505) 288-3500
Email: antonia@roybalmacklaw.com
francheska@roybalmacklaw.com
amelia@roybalmacklaw.com
- and -
Ian Cloud, Esq.
Scott Marshall, Esq.
ROBINS CLOUD LLP
2000 West Loop S., Suite 2200
Houston, TX
Telephone: (713) 650-1200
Email: icloud@robinscloud.com
smarshall@robinscloud.com
UNIVERSITY OF PHOENIX: Peterson Balks at Unprotected Personal Info
------------------------------------------------------------------
MARK PETERSON, individually and on behalf of all others similarly
situated, Plaintiff v. THE UNIVERSITY OF PHOENIX, INC. and ORACLE
CORPORATION, Defendants, Case No. 1:25-cv-01915-ADA-SH (W.D. Tex.,
November 25, 2025) is a class action arising out of the recent data
security incident and data breach that was perpetrated against
Defendants, which held in its possession certain personally
identifiable information of Plaintiff and other current and former
employees of UOPX, the Class Members.
Oracle stores a litany of highly sensitive personal identifiable
information about UOPX's current and former employees, including
Plaintiff.
The Plaintiff brings this class action lawsuit on behalf of those
similarly situated to address Defendants' inadequate safeguarding
of Class Members' private information that it collected and
maintained, and for failing to provide timely and adequate notice
to Plaintiff and other Class Members that their information was
subjected to unauthorized access by a ransomware group and
precisely what type of information was accessed.
Through this complaint, the Plaintiff seeks to remedy these harms
on behalf of himself and all similarly situated individuals whose
Private Information was accessed during the data breach.
The University of Phoenix, Inc. is a private institution focused on
providing online and campus based degree programs.
Oracle Corp. is a multinational technology and enterprise software
firm.[BN]
The Plaintiff is represented by:
Leigh S. Montgomery, Esq.
ELLZEY KHERKHER SANFORD MONTGOMERY, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
E-mail: lmontgomery@eksm.com
VENEZUELA: Appeals Stock Purchase Agreement Order to 3rd Circuit
----------------------------------------------------------------
BOLIVARIAN REPUBLIC OF VENEZUELA is taking an appeal from a court
order in the lawsuit entitled Crystallex International Corp.,
individually and on behalf of all others similarly situated,
Plaintiff, v. Bolivarian Republic of Venezuela, Defendant, Case No.
1:17-mc-00151, in the U.S. District Court for the District of
Delaware.
On June 19, 2017, the Plaintiff filed a registration of a foreign
judgment issued by the Clerk of the United States District Court
for the District of Columbia, Crystallex International Corporation
v. Bolivarian Republic of Venezuela, Case No. 16-cv-00661, for the
amount of $1.202 billion plus pre-award interest.
On Feb. 16, 2021, the Sale Process Parties, Crystallex, the
Venezuela Parties, and ConocoPhillips Petrozuata B.V.,
ConocoPhillips Gulf of Paria, B.V., and ConocoPhillips Hamaca B.V.,
having agreed that the retention of a special master was necessary
to oversee the design and implementation of detailed sale
procedures, put forward three candidates for the Court's
consideration, including Robert B. Pincus.
On Apr. 13, 2021, after interviewing the three candidates, the
Court appointed Mr. Pincus as special master.
On Nov. 25, 2025, Judge Leonard P. Stark entered an Order adopting
the Special Master's Updated Final Recommendation that the Court
approve the Amber Energy Bid. The Venezuela Parties' and Gold
Reserve's objections are overruled.
The special master recommended that the Court conclude its
years-long Sale Process by approving the sale of PDVSA Holding
Company (PDVH) Shares, which are wholly owned by Petroleos de
Venezuela SA (PDVSA), and which have been attached by various
judgment creditors of Venezuela and of PDVSA, who are together owed
more than $20 billion, to a consortium that includes Elliott
Investment Management L.P. and Amber Energy Inc.
On Nov. 29, 2025, Judge Stark entered an Order approving stock
purchase agreement, authorizing sale of the PDVH Shares free and
clear of liens, claims, encumbrances, and other interests, and
granting related relief.
The appellate case is entitled Crystallex International Corp. v.
Bolivarian Republic of Venezuela, Case No. 25-3347, in the United
States Court of Appeals for the Third Circuit, filed on December 2,
2025. [BN]
Plaintiffs-Appellees CRYSTALLEX INTERNATIONAL CORP., et al.,
individually and on behalf of all others similarly situated, are
represented by:
Raymond J. DiCamillo, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7700
- and -
Miguel A. Estrada, Esq.
Brian C. McCarty, Esq.
Lucas C. Townsend, Esq.
GIBSON DUNN & CRUTCHER
1700 M. Street NW, Suite 900
Washington, DC 20036
Telephone: (202) 955-8257
(202) 887-3721
(202) 887-3731
- and -
Travis S. Hunter, Esq.
Jeffrey L. Moyer, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7564
(302) 651-7525
- and -
Rahim Moloo, Esq.
Jason W. Myatt, Esq.
Robert L. Weigel, Esq.
GIBSON DUNN & CRUTCHER
200 Park Avenue, 47th Floor
New York, NY 10166
Telephone: (212) 351-2413
(212) 351-4000
- and -
Jennifer M. Becnel-Guzzo, Esq.
SAUL EWING
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Telephone: (302) 421-6811
- and -
Peter J. Keane, Esq.
PACHULSKI STANG ZIEHL & JONES
919 N. Market Street
P.O. Box 8705, 17th Floor
Wilmington, DE 19801
Telephone: (302) 652-4100
- and -
Kevin J. Mangan, Esq.
WOMBLE BOND DICKINSON (US)
1313 N Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 252-4361
- and -
Kirk Andersen, Esq.
Alexandra M. Cumings, Esq.
Kenneth J. Nachbar, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 351-9102
(302) 658-9200
(302) 351-9294
(302) 351-9677
- and -
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
(202) 879-3939
Defendant-Appellant BOLIVARIAN REPUBLIC OF VENEZUELA is represented
by:
Ginger D. Anders, Esq.
Elaine J. Goldenberg, Esq.
Donald B. Verrilli, Jr., Esq.
MUNGER TOLLES & OLSON
601 Massachusetts Avenue NW, Suite 500e
Washington, DC 20001
Telephone: (202) 220-1107
(202) 220-1114
(202) 220-1101
- and -
Brendan P. McDonnell, Esq.
HEYMAN ENERIO GATTUSO & HIRZEL
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
Telephone: (302) 472-7308
- and -
A. Thompson Bayliss, Esq.
Bryan M. Blaylock, Esq.
Christopher F. Cannataro, Esq.
ABRAMS & BAYLISS
20 Montchanin Road, Suite 200
Wilmington, DE 19807
Telephone: (302) 778-1033
Defendants-Appellees PDV HOLDING INC., et al. are represented by:
Kirk Andersen, Esq.
Alexandra M. Cumings, Esq.
Kenneth J. Nachbar, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 351-9102
(302) 658-9200
(302) 351-9294
(302) 351-9677
- and -
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
(202) 879-3939
VENEZUELA: Citgo Appeals Stock Purchase Agreement Order to 3rd Cir.
-------------------------------------------------------------------
CITGO PETROLEUM CORP. is taking an appeal from a court order in the
lawsuit entitled Crystallex International Corp., individually and
on behalf of all others similarly situated, Plaintiff, v.
Bolivarian Republic of Venezuela, Defendant, Case No.
1:17-mc-00151, in the U.S. District Court for the District of
Delaware.
On June 19, 2017, the Plaintiff filed a registration of a foreign
judgment issued by the Clerk of the United States District Court
for the District of Columbia, Crystallex International Corporation
v. Bolivarian Republic of Venezuela, Case No. 16-cv-00661, for the
amount of $1.202 billion plus pre-award interest.
On Feb. 16, 2021, the Sale Process Parties, Crystallex, the
Venezuela Parties, and ConocoPhillips Petrozuata B.V.,
ConocoPhillips Gulf of Paria, B.V., and ConocoPhillips Hamaca B.V.,
having agreed that the retention of a special master was necessary
to oversee the design and implementation of detailed sale
procedures, put forward three candidates for the Court's
consideration, including Robert B. Pincus.
On Apr. 13, 2021, after interviewing the three candidates, the
Court appointed Mr. Pincus as special master.
On Nov. 25, 2025, Judge Leonard P. Stark entered an Order adopting
the Special Master's Updated Final Recommendation that the Court
approve the Amber Energy Bid. The Venezuela Parties' and Gold
Reserve's objections are overruled.
The special master recommended that the Court conclude its
years-long Sale Process by approving the sale of PDVSA Holding
Company (PDVH) Shares, which are wholly owned by Petroleos de
Venezuela SA (PDVSA), and which have been attached by various
judgment creditors of Venezuela and of PDVSA, who are together owed
more than $20 billion, to a consortium that includes Elliott
Investment Management L.P. and Amber Energy Inc.
On Nov. 29, 2025, Judge Stark entered an Order approving stock
purchase agreement, authorizing sale of the PDVH Shares free and
clear of liens, claims, encumbrances, and other interests, and
granting related relief.
The appellate case is entitled Crystallex International Corp. v.
Bolivarian Republic of Venezuela, Case No. 25-3349, in the United
States Court of Appeals for the Third Circuit, filed on December 2,
2025. [BN]
Plaintiffs-Appellees CRYSTALLEX INTERNATIONAL CORP., et al.,
individually and on behalf of all others similarly situated, are
represented by:
Raymond J. DiCamillo, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7700
- and -
Miguel A. Estrada, Esq.
Brian C. McCarty, Esq.
Lucas C. Townsend, Esq.
GIBSON DUNN & CRUTCHER
1700 M. Street NW, Suite 900
Washington, DC 20036
Telephone: (202) 955-8257
(202) 887-3721
(202) 887-3731
- and -
Travis S. Hunter, Esq.
Jeffrey L. Moyer, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7564
(302) 651-7525
- and -
Rahim Moloo, Esq.
Jason W. Myatt, Esq.
Robert L. Weigel, Esq.
GIBSON DUNN & CRUTCHER
200 Park Avenue, 47th Floor
New York, NY 10166
Telephone: (212) 351-2413
(212) 351-4000
- and -
Jennifer M. Becnel-Guzzo, Esq.
SAUL EWING
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Telephone: (302) 421-6811
- and -
Peter J. Keane, Esq.
PACHULSKI STANG ZIEHL & JONES
919 N. Market Street
P.O. Box 8705, 17th Floor
Wilmington, DE 19801
Telephone: (302) 652-4100
- and -
Kevin J. Mangan, Esq.
WOMBLE BOND DICKINSON (US)
1313 N Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 252-4361
- and -
Kirk Andersen, Esq.
Alexandra M. Cumings, Esq.
Kenneth J. Nachbar, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 351-9102
(302) 658-9200
(302) 351-9294
(302) 351-9677
- and -
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
(202) 879-3939
Defendants-Appellees BOLIVARIAN REPUBLIC OF VENEZUELA, et al. are
represented by:
Ginger D. Anders, Esq.
Elaine J. Goldenberg, Esq.
Donald B. Verrilli, Jr., Esq.
MUNGER TOLLES & OLSON
601 Massachusetts Avenue NW, Suite 500e
Washington, DC 20001
Telephone: (202) 220-1107
(202) 220-1114
(202) 220-1101
- and -
Brendan P. McDonnell, Esq.
HEYMAN ENERIO GATTUSO & HIRZEL
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
Telephone: (302) 472-7308
- and -
A. Thompson Bayliss, Esq.
Bryan M. Blaylock, Esq.
Christopher F. Cannataro, Esq.
ABRAMS & BAYLISS
20 Montchanin Road, Suite 200
Wilmington, DE 19807
Telephone: (302) 778-1033
Defendant-Appellant CITGO PETROLEUM CORP. is represented by:
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
- and -
Alexandra M. Cumings, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 658-9200
(302) 351-9250
(302) 351-9677
VENEZUELA: Gold Reserve Appeals Stock Purchase Agreement Order
--------------------------------------------------------------
GOLD RESERVE LTD is taking an appeal from a court order in the
lawsuit entitled Crystallex International Corp., individually and
on behalf of all others similarly situated, Plaintiff, v.
Bolivarian Republic of Venezuela, Defendant, Case No.
1:17-mc-00151, in the U.S. District Court for the District of
Delaware.
On June 19, 2017, the Plaintiff filed a registration of a foreign
judgment issued by the Clerk of the United States District Court
for the District of Columbia, Crystallex International Corporation
v. Bolivarian Republic of Venezuela, Case No. 16-cv-00661, for the
amount of $1.202 billion plus pre-award interest.
On Feb. 16, 2021, the Sale Process Parties, Crystallex, the
Venezuela Parties, and ConocoPhillips Petrozuata B.V.,
ConocoPhillips Gulf of Paria, B.V., and ConocoPhillips Hamaca B.V.,
having agreed that the retention of a special master was necessary
to oversee the design and implementation of detailed sale
procedures, put forward three candidates for the Court's
consideration, including Robert B. Pincus.
On Apr. 13, 2021, after interviewing the three candidates, the
Court appointed Mr. Pincus as special master.
On Nov. 25, 2025, Judge Leonard P. Stark entered an Order adopting
the Special Master's Updated Final Recommendation that the Court
approve the Amber Energy Bid. The Venezuela Parties' and Gold
Reserve's objections are overruled.
The special master recommended that the Court conclude its
years-long Sale Process by approving the sale of PDVSA Holding
Company (PDVH) Shares, which are wholly owned by Petroleos de
Venezuela SA (PDVSA), and which have been attached by various
judgment creditors of Venezuela and of PDVSA, who are together owed
more than $20 billion, to a consortium that includes Elliott
Investment Management L.P. and Amber Energy Inc.
On Nov. 29, 2025, Judge Stark entered an Order approving stock
purchase agreement, authorizing sale of the PDVH Shares free and
clear of liens, claims, encumbrances, and other interests, and
granting related relief.
The appellate case is entitled Crystallex International Corp. v.
Bolivarian Republic of Venezuela, Case No. 25-3363, in the United
States Court of Appeals for the Third Circuit, filed on December 2,
2025. [BN]
Plaintiffs-Appellees CRYSTALLEX INTERNATIONAL CORP., et al.,
individually and on behalf of all others similarly situated, are
represented by:
Raymond J. DiCamillo, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7700
- and -
Miguel A. Estrada, Esq.
Brian C. McCarty, Esq.
Lucas C. Townsend, Esq.
GIBSON DUNN & CRUTCHER
1700 M. Street NW, Suite 900
Washington, DC 20036
Telephone: (202) 955-8257
(202) 887-3721
(202) 887-3731
- and -
Travis S. Hunter, Esq.
Jeffrey L. Moyer, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7564
(302) 651-7525
- and -
Rahim Moloo, Esq.
Jason W. Myatt, Esq.
Robert L. Weigel, Esq.
GIBSON DUNN & CRUTCHER
200 Park Avenue, 47th Floor
New York, NY 10166
Telephone: (212) 351-2413
(212) 351-4000
- and -
Jennifer M. Becnel-Guzzo, Esq.
SAUL EWING
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Telephone: (302) 421-6811
- and -
Peter J. Keane, Esq.
PACHULSKI STANG ZIEHL & JONES
919 N. Market Street
P.O. Box 8705, 17th Floor
Wilmington, DE 19801
Telephone: (302) 652-4100
- and -
Kevin J. Mangan, Esq.
WOMBLE BOND DICKINSON (US)
1313 N Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 252-4361
- and -
Kirk Andersen, Esq.
Alexandra M. Cumings, Esq.
Kenneth J. Nachbar, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 351-9102
(302) 658-9200
(302) 351-9294
(302) 351-9677
- and -
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
(202) 879-3939
Defendants-Appellees RUSORO MINING LTD, et al. are represented by:
R. Craig Martin, Esq.
Angela C. Whitesell, Esq.
DLA PIPER
1201 N. Market Street, Suite 2100
Wilmington, DE 19801
Telephone: (302) 468-5700
- and -
Jamie L. Brown, Esq.
Samuel Taylor Hirzel, II, Esq.
Brendan P. McDonnell, Esq.
HEYMAN ENERIO GATTUSO & HIRZEL
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
Telephone: (302) 472-7318
(302) 472-7315
(302) 472-7308
- and -
Robert Groot, Esq.
David V. Holmes, Esq.
Kevin A. Meehan, Esq.
Juan O. Perla, Esq.
Joseph D. Pizzurro, Esq.
CURTIS MALLET-PREVOST COLT & MOSLE
101 Park Avenue, 34th floor
New York, NY 10178
Telephone: (212) 696-8877
(484) 889-1889
(212) 696-6197
(212) 696-6084
(212) 696-6000
- and -
Rebecca L. Butcher, Esq.
Jennifer L. Cree, Esq.
LANDIS RATH & COBB
919 N. Market Street, Suite 1800
Wilmington, DE 19801
Telephone: (302) 467-4400
- and -
Jason Z. Miller, Esq.
SMITH KATZENSTEIN & JENKINS
1000 N. West Street
The Brandywine Building, Suite 1501
Wilmington, DE 19801
Telephone: (302) 652-8400
Defendant-Appellant GOLD RESERVE LTD is represented by:
Dennis D. Howe, Esq.
Aaron M. Panner, Esq.
Daniel Severson, Esq.
Collin R. White, Esq.
KELLOGG HANSEN TODD FIGEL & FREDERICK
1615 M. Street NW
Sumner Square, Suite 400
Washington, DC 20036
Telephone: (202) 367-7808
(202) 326-7921
(202) 326-7900
(202) 326-7925
- and -
Kevin J. Mangan, Esq.
Stephanie S. Riley, Esq.
Matthew P. Ward, Esq.
WOMBLE BOND DICKINSON (US)
1313 N. Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 252-4361
(302) 559-8528
(302) 252-4320
VENEZUELA: Petroleos Appeals Stock Purchase Agreement Court Order
-----------------------------------------------------------------
PETROLEOS DE VENEZUELA SA is taking an appeal from a court order in
the lawsuit entitled Crystallex International Corp., individually
and on behalf of all others similarly situated, Plaintiff, v.
Bolivarian Republic of Venezuela, Defendant, Case No.
1:17-mc-00151, in the U.S. District Court for the District of
Delaware.
On June 19, 2017, the Plaintiff filed a registration of a foreign
judgment issued by the Clerk of the United States District Court
for the District of Columbia, Crystallex International Corporation
v. Bolivarian Republic of Venezuela, Case No. 16-cv-00661, for the
amount of $1.202 billion plus pre-award interest.
On Feb. 16, 2021, the Sale Process Parties, Crystallex, the
Venezuela Parties, and ConocoPhillips Petrozuata B.V.,
ConocoPhillips Gulf of Paria, B.V., and ConocoPhillips Hamaca B.V.,
having agreed that the retention of a special master was necessary
to oversee the design and implementation of detailed sale
procedures, put forward three candidates for the Court's
consideration, including Robert B. Pincus.
On Apr. 13, 2021, after interviewing the three candidates, the
Court appointed Mr. Pincus as special master.
On Nov. 25, 2025, Judge Leonard P. Stark entered an Order adopting
the Special Master's Updated Final Recommendation that the Court
approve the Amber Energy Bid. The Venezuela Parties' and Gold
Reserve's objections are overruled.
The special master recommended that the Court conclude its
years-long Sale Process by approving the sale of PDVSA Holding
Company (PDVH) Shares, which are wholly owned by Petroleos de
Venezuela SA (PDVSA), and which have been attached by various
judgment creditors of Venezuela and of PDVSA, who are together owed
more than $20 billion, to a consortium that includes Elliott
Investment Management L.P. and Amber Energy Inc.
On Nov. 29, 2025, Judge Stark entered an Order approving stock
purchase agreement, authorizing sale of the PDVH Shares free and
clear of liens, claims, encumbrances, and other interests, and
granting related relief.
The appellate case is entitled Crystallex International Corp. v.
Bolivarian Republic of Venezuela, Case No. 25-3350, in the United
States Court of Appeals for the Third Circuit, filed on December 2,
2025. [BN]
Plaintiffs-Appellees CRYSTALLEX INTERNATIONAL CORP., et al.,
individually and on behalf of all others similarly situated, are
represented by:
Raymond J. DiCamillo, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7700
- and -
Miguel A. Estrada, Esq.
Brian C. McCarty, Esq.
Lucas C. Townsend, Esq.
GIBSON DUNN & CRUTCHER
1700 M. Street NW, Suite 900
Washington, DC 20036
Telephone: (202) 955-8257
(202) 887-3721
(202) 887-3731
- and -
Travis S. Hunter, Esq.
Jeffrey L. Moyer, Esq.
RICHARDS LAYTON & FINGER
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Telephone: (302) 651-7564
(302) 651-7525
- and -
Rahim Moloo, Esq.
Jason W. Myatt, Esq.
Robert L. Weigel, Esq.
GIBSON DUNN & CRUTCHER
200 Park Avenue, 47th Floor
New York, NY 10166
Telephone: (212) 351-2413
(212) 351-4000
- and -
Jennifer M. Becnel-Guzzo, Esq.
SAUL EWING
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Telephone: (302) 421-6811
- and -
Peter J. Keane, Esq.
PACHULSKI STANG ZIEHL & JONES
919 N. Market Street
P.O. Box 8705, 17th Floor
Wilmington, DE 19801
Telephone: (302) 652-4100
- and -
Kevin J. Mangan, Esq.
WOMBLE BOND DICKINSON (US)
1313 N Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 252-4361
- and -
Kirk Andersen, Esq.
Alexandra M. Cumings, Esq.
Kenneth J. Nachbar, Esq.
Phillip Reytan, Esq.
Susan W. Waesco, Esq.
MORRIS NICHOLS ARSHT & TUNNELL
1201 N. Market Street, 16th Floor
P.O. Box 1347
Wilmington, DE 19899
Telephone: (302) 351-9102
(302) 658-9200
(302) 351-9294
(302) 351-9677
- and -
Daniel D. Birk, Esq.
Nathan P. Eimer, Esq.
EIMER STAHL
224 S. Michigan Avenue, Suite 1100
Chicago, IL 60604
Telephone: (312) 660-7620
(312) 660-7600
- and -
John C. Brinkerhoff, Jr., Esq.
Noel J. Francisco, Esq.
Brinton Lucas, Esq.
JONES DAY
51 Louisiana Avenue NW
Washington, DC 20001
Telephone: (202) 879-3401
(202) 879-5485
(202) 879-3939
Defendant-Appellee RUSORO MINING LTD is represented by:
R. Craig Martin, Esq.
Angela C. Whitesell, Esq.
DLA PIPER
1201 N. Market Street, Suite 2100
Wilmington, DE 19801
Telephone: (302) 468-5700
Defendant-Appellant PETROLEOS DE VENEZUELA SA is represented by:
Jamie L. Brown, Esq.
Samuel Taylor Hirzel, II, Esq.
Brendan P. McDonnell, Esq.
HEYMAN ENERIO GATTUSO & HIRZEL
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
Telephone: (302) 472-7318
(302) 472-7315
(302) 472-7308
- and -
Robert Groot, Esq.
David V. Holmes, Esq.
Kevin A. Meehan, Esq.
Juan O. Perla, Esq.
Joseph D. Pizzurro, Esq.
CURTIS MALLET-PREVOST COLT & MOSLE
101 Park Avenue, 34th floor
New York, NY 10178
Telephone: (212) 696-8877
(484) 889-1889
(212) 696-6197
(212) 696-6084
(212) 696-6000
WEL COMPANIES: Fails to Secure Personal Info, Pressley Says
-----------------------------------------------------------
DONALD PRESSLEY, on behalf of himself and all others similarly
situated, Plaintiff v. WEL COMPANIES, INC., Defendant, Case No.
1:25-cv-01869-WCG (E.D. Wis., November 25, 2025) arises from the
Defendant's failure to secure the personally identifiable
information of Plaintiff and the members of the proposed Class.
On January 31, 2025, the Defendant detected that an unauthorized
third party gained access to its network. Through an investigation,
on November 12, 2025, nearly 9 months after initially detecting the
unauthorized activity in its network, the Defendant confirmed that
personal information belonging to Plaintiff and other current and
former contractors and employees was accessed. The impacted
information included, but is not limited to, names and Social
Security numbers.
The Defendant's failure to timely detect and report the data breach
made the impacted individuals vulnerable to identity theft without
any warnings to monitor their financial accounts or credit reports
to prevent unauthorized use of their private information. In
failing to adequately protect Plaintiff's and the Class' private
information, failing to adequately notify them about the breach,
and by obfuscating the nature of the breach, the Defendant violated
state and federal law and harmed an unknown number of its current
and former contractors and employees, says the suit.
Accordingly, the Plaintiff, on behalf of himself and a class of
similarly situated individuals, brings this lawsuit seeking
injunctive relief, damages, and restitution, together with costs
and reasonable attorneys' fees, the calculation of which will be
based on information in Defendant's possession.
Wel Companies, Inc. distributes food, beverages, and other products
across the country through its trucking services.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
WOOLWORTHS GROUP: Faces Another Class Suit Over Wage Underpayments
------------------------------------------------------------------
Jack Campbell of HRD reports that Woolworths is facing a new class
action in the Federal Court with the supermarket accused of
underpaying staff in South Australia.
The claim, filed by Shine Lawyers on behalf of current and former
employees, centres on alleged shortfalls in pay linked to work
performed on Sundays.
The case focuses on a now-repealed South Australian law that
treated Sundays as public holidays, potentially entitling affected
workers to higher penalty rates.
Woolworths said the proceedings involve one of its subsidiaries and
are based on interpretations of that former state legislation.
Australia's largest supermarket chain maintains that it does not
consider the action to be "market-sensitive" and has confirmed it
will contest the claims in court.
This latest lawsuit follows an earlier class action, also targeting
staff underpayments at Woolworths.
Investors reacted cautiously to the latest development, with
Woolworths shares falling around 2.5% trading as the market
digested the prospect of further legal and reputational fallout.
The company has already warned of a significant financial hit tied
to historical wage issues.
Regulators are also circling. The Fair Work Ombudsman has launched
separate legal proceedings against both Woolworths and rival Coles
over alleged underpayments, signaling a broader crackdown on wage
compliance in the supermarket sector.
Continued underpayment cases at some of Australia's largest
companies serve as a warning to employers about relying on broad
"set‑off" clauses in contracts and about lax record-keeping.
In the case of Coles and Woolworths, the court found that attempts
to use pooled, over-award salary payments over long periods to
retrospectively cover shortfalls in specific pay periods did not
meet the requirement to pay employees their full award entitlements
each pay period.
Woolworths said that a "very preliminary estimate" of the one-off
impact of the ruling would be between $180 and $330 million
post-tax.
For employers, the key lessons are to draft any set‑off clauses
narrowly and carefully and to strictly comply with statutory
record-keeping obligations (including accurate records of hours and
entitlements), as failures in these areas will likely fall "on" the
employer in any underpayment dispute.
The new class action adds another layer of complexity to
Woolworths' efforts to draw a line under its wage underpayment saga
and sets the stage for a legal battle over how much the company may
ultimately owe its staff. [GN]
Asbestos Litigation
ASBESTOS UPDATE: Kmart May Face Suit Over Contaminated Play Sand
----------------------------------------------------------------
Imogen Wells, writing for Stuff reports that a group of concerned
parents are weighing up a class action lawsuit after revelations
children's play sand sold at Kmart and stationery stores may be
contaminated with asbestos.
Under the Consumer Guarantees Act, Kmart is liable for any costs
or
damages linked to the product -- including testing,
decontamination
or removal.
But one mum says she's struggled to get in contact with the retail
giant, and she and other concerned parents are now considering a
class action lawsuit.
Waikato mother of two Jessica Jordan says she's been extremely
worried about her children's health since learning the Kmart magic
sand they'd been playing with could potentially contain asbestos.
"I was sort of in a tailspin for a few days," she said.
A number of play sands sold at stationery stores and Kmart have
tested positive for tremolite asbestos, both in New Zealand and
Australia.
On Monday, November 24, MBIE added another two sand products to
the
growing list, saying they're sold at various discount stores
nationwide.
Jordan's Kmart bought batch tested negative, but she's still
frustrated by the lack of communication from Kmart.
"There's radio silence from Kmart and other retailers so we're
sort
of working out what the next steps are going to be, and we feel
like it'll be really big," she said.
Basic testing costs around $100, while testing an entire home can
cost upwards of $3000, and that's before any decontamination or
removal fees.
Consumer New Zealand told Stuff Kmart is legally responsible to
pay
for any testing or removal costs.
"Kmart is 100% responsible for any damages incurred in relation to
this kinetic sand," Consumer NZ's Gemma Rasmussen said.
"So they (parents) really do have a strong case to go to Kmart if
they can prove that these costs are in relation to the product.
And
if Kmart is not willing to play ball, then they would have that
second backup of going through the disputes tribunal."
Jordan said she's been contacted by a family in financial
hardship,
asking for help.
"Her and her husband have lost their jobs and they're on the
benefit and they're having to pay for decontamination, which is
significant.
If Kmart doesn't step up, Jordan said some parents are prepared to
escalate.
"If we can't get some communication from Kmart in terms of
reimbursing, then there's a number of us who are considering a
class action lawsuit."
Stuff has contacted Kmart for comment, and asked whether it would
cover related costs, but the retailer has not responded.
ASBESTOS UPDATE: Vera Sues 3M Co Over Exposure to Asbestos
----------------------------------------------------------
Roberto Vera, and other similarly situated v. 3M COMPANY; ASCENDIA
BRANDS, INC.; BAYER CONSUMER CARE HOLDINGS LLC formerly known as
MSD CONSUMER CARE, INC.; BAYER HEALTH CARE LLC, a subsidiary of
BAYER AG; BLOCK DRUG COMPANY, INC; COLGATE-PALMOLIVE COMPANY; CVS
PHARMACY, INC.; GSK CONSUMER HEALTH INC individually and as
successor-in-interest to CIBA-GEIGY CORPORATION, CIBA
SELF-MEDICATION, INC., NOVARTIS COMPANY; GOLD BOND CO. LLC,
individually and as-successor-in-interest to CHATTEM, INC.; LONGS
DRUG STORES CALIFORNIA, L.L.C., on behalf of LONGS DRUG STORES
CALIFORNIA, INC.; MERCK & CO., INC.; NATERRA INTERNATIONAL INC.;
NOVARTIS CORP.; PERRIGO COMPANY OF TENNESSEE; PFIZER INC.; PLAYTEX
PRODUCTS LLC formerly known as PLAYTEX PRODUCTS INC.; PTI UNION,
LLC; SAFEWAY INC.; STATER BROS. INC.; THE STEPHAN CO.; VI-JON LLC;
WALMART INC.; and DOES 1 THROUGH 400 INCLUSIVE, et al., Case No.
25STCV33289 (Cal. Super. Ct., Los Angeles Cty., Nov. 12, 2025), is
brought against the Defendants arising out of Defendants'
purposeful efforts to serve directly or indirectly the market for
their asbestos and/or asbestos containing products, including but
not limited to talc, in this State, either through direct sales or
utilizing an established distributing channel with the expectation
that their products would be purchased and/or used with the State
of California.
Prior to his diagnosis, Plaintiff was exposed to asbestos fibers
by
using and handling asbestos fibers and products incorporating
asbestos as a component, and being in the presence of others using
and handling asbestos fibers and products incorporating asbestos
as
a component, as alleged herein.
The Plaintiff's claims against the Defendants, as defined herein,
arise out of Defendants' purposeful efforts to serve directly or
indirectly the market for their asbestos and/or asbestos
containing
products, including but not limited to talc, in this State, either
through direct sales or utilizing an established distributing
channel with the expectation that their products would be
purchased
and/or used with the State of California.
The Plaintiff is informed and believes, and therefore allege, that
Defendants exposed Plaintiff to the same hazardous product, namely
asbestos. As a direct and proximate result of Defendants' conduct,
Plaintiff was exposed to respirable asbestos, which he inhaled and
which thereby entered his body, and which caused him to suffer the
severe and permanent harm, as set forth herein, says the
complaint.
The Plaintiff developed mesothelioma on July 3, 2025 as a result
of
exposure to asbestos due to the products, materials and services
of
Defendants.
The Defendants are transacting business in this State, including
the sale, supply, purchase, and/or use of asbestos and/or asbestos
containing products including but not limited to talc, within this
State.
The Plaintiff is represented by:
Sarah Gilson, Esq.
MEIROWITZ & WASSERBERG, LLP
95 Third Street, 2nd Floor
San Francisco, CA 94103
Phone: (212) 897-1988
Facsimile: (646) 432-6887
Email: sgilson@mwinjurylaw.com
CAROL COLLEY, as Anticipated Personal Representative of the Estate
of JOHN COLLEY, Deceased, Plaintiff vs. L'OREAL TRAVEL RETAIL
AMERICAS, INC., sued individually and as successor-in-interest to
MAYBELLINE LLC and YVES SAINT LAURENT AMERICA, INC. and d/b/a
L'OREAL, L'OREAL PARIS, MAYBELLINE, MAYBELLINE NEW YORK, LANCOME
and YVES SAINT LAURENT; PUBLIX SUPERMARKETS, INC.; COSMETIC
SPECIALTIES, INC.; COTY INC.; GLAXOSMITHKLINE LLC; GUCCI AMERICA,
INC., sued individually and as successor-in-interest to SANOFI
BEAUTE, INC. d/b/a YVES SAINT LAURENT; KOBO PRODUCTS, INC.;
L'OREAL
USA, INC., sued individually and as successor-in-interest to
MAYBELLINE LLC and YVES SAINT LAURENT AMERICA, INC. and d/b/a
LANCOME, L'OREAL, L'OREAL PARIS, MAYBELLINE, MAYBELLINE NEW YORK
and YVES SAINT LAURENT; LORNAMEAD INC. d/b/a YARDLEY OF LONDON
a/k/a YARDLEY; L. PERRIGO COMPANY; MARKWINS BEAUTY BRANDS, INC.,
sued individually and as successor-in-interest to AM COSMETICS and
d/b/a WET N WILD; MARKWINS BEAUTY PRODUCTS, INC., sued
individually
and as successor-in-interest to AM COSMETICS and d/b/a WET N WILD;
MIYOSHI AMERICA, INC., a subsidiary of MIYOSHI KASEI, INC. and
f/k/a U.S. COSMETICS CORPORATION; NOXELL CORPORATION; PERRIGO
COMPANY; PERRIGO COMPANY OF TENNESSEE; PFIZER INC; PREMIER BRANDS
OF AMERICA INC.; THE PROCTER & GAMBLE COMPANY, sued individually
and as successor-in-interest to THE SHULTON GROUP and/or SHULTON
INC., and YARDLEY OF LONDON a/k/a YARDLEY; SHULTON INC., sued
individually and as successor to THE SHULTON GROUP; VI-JON, LLC;
WALMART INC. f/k/a WALMART STORES, INC.; and WYETH HOLDINGS LLC
f/k/a WYETH HOLDINGS CORPORATION f/k/a AMERICAN CYANAMID COMPANY,
sued individually and as successor-in-interest to THE SHULTON
GROUP
and/or SHULTON INC., Defendants, Case No. CACE-25-016681 (Cir.
Ct.,
Broward Cty., Fl., October 30, 2025) is a lawsuit against the
Defendants for negligence, misrepresentations, product defects,
fraudulent concealment, willful omissions, and fraud.
According to the complaint, the Decedent JOHN COLLEY was diagnosed
with MESOTHELIOMA on November 14, 2023, satisfying the criteria of
the Florida Asbestos and Silica Compensation Fairness Act. He died
on June 19, 2025. In the past, he required medical care, nursing
care or hospitalizations to treat his conditions and suffered a
loss of earnings, ability to earn money or his earning capacity
was
impaired as a direct and proximate result of his asbestos-related
mesothelioma.
The Plaintiff alleges that JOHN COLLEY was exposed to Defendants'
Products from approximately the 1950s to the 2020s during
Decedent's regular and frequent personal use, and in his daily
life
during his family members' regular and frequent use while in close
proximity to him, at various locations including, but not limited
to: in Madeira Beach, Florida and Boca Raton, Florida; in various
cities in the States of Arkansas, Nevada, North Carolina,
Oklahoma,
South Carolina, South Dakota, Tennessee, Texas, and Virginia; and
in the United Kingdom. Although Plaintiff may identify the
designer, manufacturer, distributor, or seller of several
Defendants' Products to which the Decedent was exposed, Plaintiff
is unable to identify each and every exposure that Decedent
sustained in the various locations being mentioned.
As a direct and proximate result of the Decedent's diseases,
injuries and death, his survivors have further sustained mental
pain and suffering, mental anguish, grief, loss of capacity to
lead
and enjoy a normal life, funeral expenses, and expenses of medical
care, nursing care and/or hospitalizations to treat Decedent's
conditions. Such damages, injuries and losses are permanent and
continuing in nature and Decedent's survivors will suffer the
aforementioned damages, injuries and losses in the future, says
the
suit.
Accordingly, since each exposure to said Defendants' Products
caused or contributed to Decedent's mesothelioma and wrongful
death, and since it is not possible to apportion such damages,
Plaintiff CAROL COLLEY seeks recovery in accordance with Florida
law against each Defendant.
The survivors of JOHN COLLEY are his surviving spouse Plaintiff
CAROL COLLEY, his daughter Michelle Lowe, and his son Gareth
Colley.
Defendants are all engaged in the design, manufacture,
distribution
and/or sale of asbestos-containing products, and/or
asbestos-containing talc and/or chalk, and/or other finished and
unfinished asbestos-containing talcum powder products, and/or any
other powder-like product.[BN]
The Plaintiff is represented by:
REBECCA S. VINOCUR, P.A.
5915 Ponce de Leon Boulevard, Suite 14
Coral Gables, FL 33146
Telephone: (786) 691-1282
Facsimile: (786) 691-1283
E-mail: rvinocur@rsv-law.com
- and -
Brendan J. Tully, Esq.
SIMON GREENSTONE PANATIER, PC
420 Lexington Avenue, Suite 2848
New York, NY 10170
Telephone: (212) 634-1690
Facsimile: (214) 320-0526
E-mail: btully@sgptrial.com
*********
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