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C L A S S A C T I O N R E P O R T E R
Friday, January 9, 2026, Vol. 28, No. 7
Headlines
277 CUMBERLAND LLC: Adams Sues Over Inaccessible Property
ALEXION PHARMACEUTICALS: Loses Bid to Dismiss Antitrust Claims
ASPIRE BAKERIES: Mayo Files Suit in Cal. Super. Ct.
BASF CORP: Violates Equal Pay Act, Boddie Alleges
BATON ROUGE, LA: Edwards Sues Over Disability Discrimination
BLOOMINGDALES.COM LLC: Dalton Sues Over Blind-Inaccessible Website
CERNER CORPORATION: Long Files Suit Over Data Breach
CNHI LLC: Fails to Safeguard Personal Info, Pipes Says
CNHI LLC: Haste Files Suit Over Data Breach
COGNIZANT TECHNOLOGY: Scorpio Files Suit in D. New Jersey
COLEMAN POMPANO BEACH: Harty Sues Over Discriminative Property
EDGEWELL PERSONAL: Koutoufidis Sues Over Wipes' Deceptive Ad
FIELDTEX PRODUCTS: Fails to Safeguard Personal Info, Hensley Says
FULLER'S SERVICE: Trustee Taps Commercial Recovery as Advisor
FULLER'S SERVICE: Trustee Taps Ravinia Capital as Investment Banker
FYNCAP GROUP: Faces Blue Suit Over TCPA Breach
HAYASHI HIBACHI: Underpays Restaurant Employees, Olivarez Says
HEALTHCARE INTERACTIVE: Levsen Files Suit Over Data Breach
HEALTHCARE INTERACTIVE: Quednow Files Suit Over Data Breach
HOMESITE GROUP: Court Denies Conditional Certification in "Sigler"
KAPITOL BRIDGE: Blue Files Suit Over TCPA Violation
KRISTI NOEM: Court Certifies Class Challenging ICE Re-Arrest
LAGADA CORP: Does Not Properly Pay Restaurant Workers, Romero Says
MEN'S WEARHOUSE: Website Inaccessible to Blind Users, Dalton Says
MENARD CORRECTIONAL: Loses Bid to Keep Transgender Inmates
METROPOLITAN NEW YORK: Citadel of Praise Files Fraud Class Suit
MONSANTO COMPANY: Dalton Sues Over Wrongful Herbicide Distribution
MONSANTO COMPANY: Davis Sues Over Negligent Advertising and Sale
MONSANTO COMPANY: Delzeit Sues Over Wrongful Advertising and Sale
MONSANTO COMPANY: Denson Sues Over Negligent Herbicide Sale
MONSANTO COMPANY: Egert Sues Over Wrongful Herbicide Distribution
OMEGA COMPLIANCE: Sued for Human Trafficking, Forced Labor
ORACLE CORP: Fails to Safeguard Private Information, Vample Says
OSHKOSH CORP: Ann Arbor City Sues Over Fire Truck Price-Fixing
UNITED AIRLINES: Mismanaged Retirement Acct. Plan, Dolan Says
UNIVERSITY OF PENNSYLVANIA: Court Consolidates Data Breach Suits
WAYNE HALFWAY: Walker Sues Over WARN Act Violation
Asbestos Litigation
ASBESTOS UPDATE: J&J Ordered to Pay $1.56BB to Cancer Victim
ASBESTOS UPDATE: Stephan Co. Files Ch. 11 to Create Trust Fund
*********
277 CUMBERLAND LLC: Adams Sues Over Inaccessible Property
---------------------------------------------------------
Joshua Adams, and other similarly situated v. 277 Cumberland LLC,
and Black Iris Express inc, Case No. 1:25-cv-07111 (E.D.N.Y., Dec.
29, 2025), is brought for injunctive relief pursuant to the
Americans with Disabilities Act (hereinafter, the "ADA") and the
ADA's Accessibility Guidelines (hereinafter, the "ADAAG") as a
result of the Defendants inaccessible property.
On March 2025, and again on November 8, 2025, Plaintiff, in his
individual capacity, visited the Subject Premises and personally
encountered physical barriers to access. On these occasions, the
Plaintiff's ability to fully partake in the services and goods at
the Subject Property was constrained, hindered, and thwarted by
certain structural barriers, to wit; multiple steps preventing
access to the public accommodation.
The Plaintiff has visited the Subject Property which forms the
basisof this lawsuit on multiple occasions, and was denied access
to the restaurant by discriminatory barriers and a continued policy
of deliberate indifference to such barriers that Defendants are
fully aware are unlawful under Title III of the ADA.
Therefore, Defendants knowingly and wantonly discriminate against
Plaintiff and other similarly situated persons in their refusal to
remediate (for purposes of nondiscrimination on the basis of
disability by public accommodations and in commercial facilities)
to the minimum guidelines of the law, which are both feasible and
readily achievable, says the complaint.
The Plaintiff uses a wheelchair for mobility.
277 CUMBERLAND LLC, is a domestic limited liability company which
is authorized to and does transact business in the State of New
York.[BN]
The Plaintiff is represented by:
Maria-Costanza Barducci, Esq.
BARDUCCI LAW FIRM, PLLC
5 West 19th Street, 10th Floor
New York, NY 10011
Phone: (212) 433-2554
Email: MC@BarducciLaw.com
ALEXION PHARMACEUTICALS: Loses Bid to Dismiss Antitrust Claims
--------------------------------------------------------------
In the case captioned as EmblemHealth, Inc., individually and on
behalf of all others similarly situated, Plaintiff, v. Alexion
Pharmaceuticals, Inc., et al., Defendants, Civil Action No.
25-10985-BEM (D. Mass.), Judge Brian E. Murphy of the United States
District Court for the District of Massachusetts granted in part
Defendant's motion to dismiss the amended complaint. The Court
dismissed claims based on Walker Process fraud theory but allowed
antitrust claims premised on sham litigation theory to proceed.
Plaintiff EmblemHealth, Inc. brought this putative class action
against Defendants Alexion Pharmaceuticals, Inc. and Alexion Pharma
International Operations Ltd., alleging that Defendant engaged in
anti-competitive conduct in violation of the Sherman Act and
various state antitrust laws, as well as violations of various
state consumer protection and unjust enrichment laws, by enforcing
fraudulently obtained patents for its drug, eculizumab, sold under
the brand name Soliris. According to Plaintiff, Defendant's conduct
caused end payers to overpay for Soliris for years. Defendant moved
under Federal Rule 12(b)(6) to dismiss the claims.
Defendant developed the anti-C5 antibody eculizumab by 1995 and
obtained U.S. Patent No. 6,355,245 in March 2002, which protected
eculizumab from biosimilar competition until March 2019. In March
2007, the FDA approved Defendant's application to market Soliris
for the treatment of paroxysmal nocturnal hemoglobinuria. Soliris
costs upwards of $500,000 per patient, per year. As of 2021,
Defendant had made over $10 billion from U.S. Soliris sales.
Between 2016 and 2020, Defendant sought and obtained five
additional patents covering Soliris: the 2017 Patents (U.S. Patent
Nos. 9,718,880, 9,725,504, and 9,732,149) and the 2020 Patents
(U.S. Patent Nos. 10,590,189 and 10,703,809), which expire between
March 15 and September 8, 2027. Plaintiff alleges the patent
examiner initially rejected the claims for each patent but later
allowed the applications after additional information from
Defendant and its patent attorney, which Plaintiff alleges
contained misrepresentations and incomplete disclosures sufficient
to constitute fraud.
In February 2019, biosimilar manufacturer Amgen challenged the 2017
Patents in inter partes review proceedings. The Patent Trial and
Appeals Board instituted review of the patents. On May 28, 2020,
Amgen and Defendant announced a settlement resolving the IPRs
shortly before the scheduled final oral argument. The settlement
required Amgen to delay marketing of its biosimilar eculizumab
product until March 1, 2025. Amgen received FDA approval on May 28,
2024, and launched its Soliris biosimilar in March 2025.
By November 2018, Samsung Bioepis had begun clinical trials of its
own eculizumab biosimilar. In June 2023, Samsung challenged the
2017 Patents and 2020 Patents in IPR proceedings. In December 2023,
the Board instituted review of all five challenged patents. Around
July 2023, Samsung submitted an abbreviated Biologic License
Application to the FDA and received approval on July 19, 2024. On
January 3, 2024, Defendant filed a patent infringement suit against
Samsung. On August 30, 2024, Samsung and Defendant settled all
pending claims. Samsung launched its Soliris biosimilar product in
April 2025.
Plaintiff is a health insurer that has purchased and continues to
purchase Soliris for its members through third-party pharmacies.
Plaintiff alleges that it and other end-payor purchasers have been
forced to pay higher prices for Soliris because Defendant
unlawfully prevented biosimilars from entering the market since at
least March 2022.
Defendant argued that Plaintiff lacks Article III standing to
assert claims under the laws of any state where it neither resides
nor alleges that it reimbursed patients for Soliris, relying on
TransUnion LLC v. Ramirez, 594 U.S. 413 (2021). Plaintiff contended
that TransUnion does not overturn the First Circuit's decision in
In re Asacol Antitrust Litigation, 907 F.3d 42 (1st Cir. 2018),
arguing that a class representative has standing to pursue claims
by proposed class members under state laws materially identical to
those under which its own claims arise.
The Court noted that until a court of appeals revokes a binding
precedent, a district court within the circuit is hard put to
ignore that precedent unless it has unmistakably been cast into
disrepute by supervening authority. The Court concluded that
TransUnion does not bar Plaintiff's standing to assert claims on
behalf of a nationwide class, even in states where Plaintiff itself
suffered no harm. Later First Circuit cases considering the
standing of class representatives asserting nationwide classes have
raised no issue of conflict between TransUnion and Asacol. Thus,
Plaintiff has standing as class representative to pursue state law
claims by proposed class members.
To have antitrust standing, a plaintiff must have suffered an
injury of the kind antitrust laws were intended to prevent.
Defendant argued that Plaintiff's antitrust claims should be
dismissed because Plaintiff fails to plead facts that demonstrate
antitrust injury. Specifically, Defendant contended that
Plaintiff's theory of harm fails to plausibly plead that Defendant
caused the delay because Amgen and Samsung could not have entered
the market in 2022, since neither competitor had received FDA
approval at that time.
The Court found that the Complaint clearly alleges that each
competitor had received FDA approval to market their biosimilar
drug during 2024, but did not enter the market until 2025 due to
their respective settlements with Defendant. The Court held that
approximately one year of delay after receiving FDA approval due to
the settlements with Defendant suffices for antitrust standing.
Plaintiff alleges that Amgen obtained FDA approval in May 2024 but
did not launch its biosimilar until March 2025, and that Samsung
obtained FDA approval in July 2024 but did not launch its
biosimilar until April 2025.
Defendant also argued that Plaintiff lacks antitrust standing to
pursue Walker Process claims. Under Walker Process, the
Noerr-Pennington doctrine does not afford immunity to a party's
enforcement of a fraudulently obtained patent. Typically, Walker
Process claims are brought as counterclaims in patent infringement
lawsuits. The parties dispute whether an indirect purchaser like
Plaintiff has antitrust standing to allege Walker Process
theories.
The Court found persuasive the reasoning that indirect purchasers'
injuries are derivative and too remote; there are more efficient
alternate enforcers, such as the generics; the theory of indirect
injury necessarily involves intermediaries and intervening factors
creating an accompanying uncertainty and requiring the court to
speculate about how each intermediary would have behaved had none
of the patents issued; and the requested relief exacerbates
manageability issues without providing any clear benefit. The
alleged fraud on the Patent and Trademark Office is too far removed
from Plaintiff's injuries, with too many intervening
intermediaries. The majority of courts to consider the issue have
reached the same conclusion.
Accordingly, the Court held that indirect purchasers lack Walker
Process standing. Therefore, Plaintiff's claims based on Walker
Process fraud theory were dismissed.
Independent of Walker Process, Plaintiff separately contends that
Defendant's patent infringement suit against Samsung was sham
litigation that is not entitled to Noerr-Pennington protection. The
protection afforded by the Noerr-Pennington doctrine does not cover
sham activities or lawsuits. To assess whether a lawsuit is a sham,
the Court considers whether the lawsuit is (1) objectively baseless
in the sense that no reasonable litigant could realistically expect
success on the merits, and (2) conceals an attempt to interfere
directly with the business relationships of a competitor through
the use of the governmental process as an anticompetitive weapon.
Defendant emphasized that the settlement constitutes a winning
lawsuit and that patents are presumed valid. The Court acknowledged
that a settlement on terms favorable to Defendant provides strong
evidence that the patent litigation was not objectively baseless.
However, the Court found that a settlement alone is not dispositive
on the issue of sham litigation at the motion to dismiss stage
because objective baselessness is assessed at the time of filing,
and there can be reasons for a party to settle aside from the
strength of its litigation position.
Plaintiff alleged that: (1) Defendant obtained the 2017 Patents and
2020 Patents through material misrepresentations and omissions to
the Patent and Trademark Office; (2) Defendant knew it had obtained
the patents through those material misrepresentations and
omissions; (3) Defendant had a strong financial incentive to
prevent generic entry into the market; (4) Defendant's suit against
Samsung sought to tie its competitor up in litigation for the
purpose of delaying its biosimilar launch; and (5) Defendant's suit
and resulting settlement had the actual effect of delaying generic
entry.
The Court held that Plaintiff has sufficiently pled facts to
suggest Defendant knowingly obtained the 2017 Patents and 2020
Patents through material misrepresentations and omissions such that
Plaintiff may be able to demonstrate that no reasonable litigant
could expect to succeed in a lawsuit to enforce an invalid patent.
Given that the Noerr-Pennington doctrine is an affirmative defense,
nothing on the face of the Complaint forecloses the possibility
that Defendant's suit against Samsung falls within the sham
exception. Accordingly, Plaintiff may be able to show that the sham
exception applies. The Court therefore declined to dismiss
Plaintiff's Sherman Act claims premised on a theory of sham
liability.
The parties agree that the merits of Plaintiff's various state law
claims generally all rise and fall with Plaintiff's antitrust
claims. Thus, only Plaintiff's claims alleging sham litigation
survive.
For the foregoing reasons, Defendant's motion to dismiss was
granted in part. Plaintiff's claims pursuant to Section 2 of the
Sherman Act and analogous state law claims are dismissed to the
extent they rely on a Walker Process theory to avoid
Noerr-Pennington immunity, but those claims relying on a sham
litigation theory survive.
A copy of the Court's decision is available at
https://tinyurl.com/565rf7aw from PacerMonitor.com
ASPIRE BAKERIES: Mayo Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Aspire Bakeries LLC.
The case is styled as Marlon Mayo, on behalf of himself and all
others similarly situated v. Aspire Bakeries LLC, Case No.
STK-CV-UOE-2025-0018742 (Cal. Super. Ct., San Joaquin Cty., Dec.
16, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Aspire Bakeries -- https://www.aspirebakeries.com/ -- is a North
American baking company with a leadership position in specialty
frozen baked goods.[BN]
The Plaintiff is represented by:
Mehrdad Bokhour, Esq.
BOKHOUR LAW GROUP, PC
1901 Avenue of the Stars, Ste. 450
Los Angeles, CA 90067-6006
Phone: 310-975-1493
Fax: 310-675-0861
Email: mehrdad@bokhourlaw.com
BASF CORP: Violates Equal Pay Act, Boddie Alleges
-------------------------------------------------
Tonya Boddie, individually and on behalf of all others similarly
situated, Plaintiff v. BASF Corporation, Defendant, Case No.
1:25-cv-15283 (N.D. Ill., December 17, 2025) arises from the
Defendant's alleged violations of the Illinois Equal Pay Act of
2003 due to unlawful labor practices.
The Plaintiff was an employee of the Defendant through late
November 2025 and was employed as a Regional Business Manager. The
Plaintiff requested that unequal pay to her division at BASF be
addressed repeatedly, first starting in 2022, with the most recent
request on April 25, 2025.
The Plaintiff alleges individually and on behalf of all similarly
situated employees that BASF explicitly represented and promised
that it would take the steps necessary to move Plaintiff and others
within her division to the standard corporate BASF pay scale, so
their pay for the same work done by other similarly skilled and
situated employees outside the division, would be on the same pay
schedule as those employees working in other divisions.
The Plaintiff and others within her division justifiably relied on
BASF's representation that their pay was incorrectly low and needed
to be adjusted to be in parity with other divisions and its promise
to change their pay scale, as the promise was made in writing and
announced to Plaintiff's division.
The complaint alleges that the Plaintiff and others within her
division's reliance on the promise to increase pay was reasonably
justified and BASF's ensuing failure to do so, resulted in damages
in the form of lower pay for a longer period of time.
BASF Corporation is a German multinational company and the largest
chemical producer in the world.[BN]
The Plaintiff is represented by:
Steven Ruffalo, Esq.
Scott Nehls, Esq.
Stephen Luehrs, Esq.
KRIEG DEVAULT LLP
200 South Wacker Drive, Suite 600
Chicago, IL 60606
Telephone: (312) 651-2400
E-mail: sruffalo@kdlegal.com
snehls@kdlegal.com
sluehrs@kdlegal.com
BATON ROUGE, LA: Edwards Sues Over Disability Discrimination
------------------------------------------------------------
Bruce Edwards, and on behalf of all others similarly situated v.
CITY OF BATON ROUGE, Case No. 3:25-cv-01142-SDD-EWD (E.D. La., Dec.
29, 2025), is brought for damages, injunctive, and declaratory
relief, attorneys' fees and costs pursuant to Title II of the
Americans with Disabilities Act ("Americans with Disabilities Act"
or "ADA") and Section 504 of the Rehabilitation Act of 1973
("Rehabilitation Act").
The Defendant has discriminated, and is continuing to discriminate,
against the Plaintiff in violation of the ADA by excluding and/or
denying him the benefits of its services, programs, and activities.
the Plaintiff' visits to the Property show that the Property, when
viewed in its entirety, is not accessible. These physical barriers
to access include but are not limited to: Both parking garages that
serve the River Center lack designated-accessible parking spaces
with a 98" clearance.
The Defendant has discriminated against the Plaintiff by denying
him full access to the services, programs, and/or activities by
failing to make its facilities readily accessible as required by
the ADA. the Defendant has discriminated, and is continuing to
discriminate, against the Plaintiff in violation of the ADA by
excluding and/or denying the Plaintiff the full and equal benefits
of its services, programs, and/or activities by failing to, inter
alia, have accessible facilities. the Plaintiff has personally and
continuously experienced the accessibility barriers when he visited
the Property, says the complaint.
The Plaintiffs and other class members are wheelchair users.
CITY OF BATON ROUGE constitutes the political entity which owns and
operates the River Center Theatre for Performing.[BN]
The Plaintiffs are represented by:
Andrew D. Bizer, Esq.
Garret S. Dereus, Esq.
Eva M. Kalikoff, Esq.
BIZER & DEREUS, LLC
3319 St. Claude Ave.
New Orleans, LA 70117
Phone: 504-619-9999
Fax: 504-948-9996
Email: andrew@bizerlaw.com
gdereus@bizerlaw.com
eva@bizerlaw.com
BLOOMINGDALES.COM LLC: Dalton Sues Over Blind-Inaccessible Website
------------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiffs v. Bloomingdales.com, LLC, Defendant, Case No.
0:25-cv-04706-NEB-JFD (D. Minn., December 18, 2025) is a civil
rights action against the Defendant for its failure to ensure its
website, www.bloomingdales.com, is fully accessible to, and
independently usable by, individuals with vision-related
disabilities, in violation of the Americans with Disabilities Act.
The complaint alleges that the Plaintiff was injured when she
attempted to access Defendant's Website from Minnesota but
encountered barriers that denied her full and equal access to
Defendant's online goods, content, and services.
The Plaintiff also asserts a companion cause of action under the
Minnesota Human Rights Act (MHRA).
Plaintiff seeks a permanent injunction requiring a change in
Defendant's corporate policies to cause its online store to become,
and remain, accessible to individuals with visual disabilities; a
civil penalty payable to the state of Minnesota; damages, and a
damage multiplier pursuant to the Minnesota Statute.
Plaintiff Julie Dalton is a blind and low-vision individual and is
reliant upon screen reader technology to navigate the Internet.
Defendant Bloomingdales.com, LLC owns, operates, and/or controls
its Website that offers clothing and accessories for sale
including, but not limited to, tops, bottoms, dresses, jackets,
shoes, handbags, jewelry, beauty supplies, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CERNER CORPORATION: Long Files Suit Over Data Breach
----------------------------------------------------
HALEY LONG, individually and on behalf of all others similarly
situated, Plaintiff v. CERNER CORPORATION d/b/a ORACLE HEALTH,
INC., and CGH MEDICAL CENTER, Defendants, Case No. 3:25-cv-50518
(N.D. Ill., December 18, 2025) is a class action against the
Defendants for failing to use reasonable measures to protect the
Sensitive Information entrusted to them.
The complaint relates that as a condition of treatment with CGH,
Plaintiff Long provided her Sensitive Information. CGH used that
Sensitive Information to facilitate its treatment of Plaintiff and
required Plaintiff to provide that Sensitive Information to obtain
treatment and care. CGH provided Cerner with Plaintiff's Sensitive
Information. In collecting and maintaining the Sensitive
Information, Defendants implicitly agree that they will safeguard
the data using reasonable means according to their internal
policies and federal law.
According to the complaint, Cerner informed CGH that their current
and former patients may have been affected by the a data breach,
which occurred as early as January 22, 2025. Cerner itself has not
sent Data Breach notices to Plaintiff and Class Members.
Furthermore, Defendants have not disclosed to the public that on
September 21, 2024, a threat actor claimed to have leaked 4,002
rows of employee information from Cerner.
As a result of Defendants' failure to prevent the Data Breach, the
Plaintiff and the proposed Class have suffered and will continue to
suffer damages, including monetary losses, lost time, anxiety, and
emotional distress, says the suit.
Plaintiff Haley Long is a CGH patient.
Cerner Corporation d/b/a Oracle Health Inc. is a healthcare
software-as-a-service (SaaS) company offering electronic health
record and business operations systems to hospitals and healthcare
organizations.
CGH Medical Center a private not-for-profit community-based
hospital and is a trusted acute care hospital in Northern
Illinois.[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
Samuel J. Strauss, 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
sam@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
Facsimile: (317) 636-2593
E-mail: ltoops@cohenmalad.com
athomas@cohenmalad.com
CNHI LLC: Fails to Safeguard Personal Info, Pipes Says
------------------------------------------------------
KIMBERLY PIPES, individually and on behalf of all others similarly
situated, Plaintiff v. CNHI, LLC, Defendant, Case No. 2:25-cv-01002
(M.D. Ala., December 19, 2025) is a class action seeking to hold
Defendant responsible for the harms it caused Plaintiff and
similarly situated persons in the preventable data breach of
Defendant's inadequately protected computer network.
The complaint relates that as part of its business, the Defendant
obtained and stored the personal information of Plaintiff and Class
members. By taking possession and control of Plaintiff's and Class
members' names, Social Security number, driver's license number
and/or financial account number ("Personal Information"), Defendant
assumed a duty to securely store and protect it. Defendant breached
this duty and betrayed the trust of Plaintiff and Class members by
failing to properly safeguard and protect their Personal
Information, thus enabling cybercriminals to access, acquire,
appropriate, compromise, disclose, encumber, exfiltrate, release,
steal, misuse, and/or view it.
According to regulatory filings and mailed consumer notices, CNHI
discovered an unauthorized actor gained access to its computer
network between April 27, 2025, and May 17, 2025, during which
certain files were removed from the system. Following a detailed
review completed on November 19, 2025, CNHI determined that the
compromised files contained the information of multiple
individuals, including names in combination with Social Security
numbers, and/or other personal information, depending on the
individual. As a result of the Data Breach, the Plaintiff and Class
members are at imminent and impending risk of identity theft, says
the suit.
The Plaintiff seeks actual damages and restitution. She also seeks
declaratory and injunctive relief, including significant
improvements to Defendant's data security systems and protocols,
future annual audits, Defendant-funded long-term credit monitoring
services, and other remedies as the Court sees necessary and
proper.
Plaintiff Kimberly Pipes is a citizen and resident of Ottumwa,
Iowa.
CNHI, LLC is headquartered in Montgomery, Alabama, and owns and
operates local news, information, and advertising solutions
businesses across the United States, including newspaper and media
operations in Iowa and other states.[BN]
The Plaintiff is represented by:
Jonathan S. Mann, Esq.
Austin B. Whitten, Esq.
PTTMAN, DUTTON, HELLUMS,
BRADLEY & MANN, P.C.
2001 Park Place North, Suite 110
Birmingham, AL 35203
Telephone: (205) 322-8880
E-mail: jonm@pittmandutton.com
E-mail: austinw@pittmandutton.com
- and -
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
CNHI LLC: Haste Files Suit Over Data Breach
-------------------------------------------
LAURA HASTE, individually and on behalf of all others similarly
situated, Plaintiff v. CNHI, LLC, Defendant, Case No. 2:25-cv-01008
(M.D. Ala., December 19, 2025) is a class action seeking to hold
Defendant responsible for the harms it caused Plaintiff and
similarly situated persons in the preventable data breach of
Defendant's inadequately protected computer network.
The complaint relates that as part of its business, Defendant
obtained and stored the personal information of Plaintiff and Class
members such as names, Social Security number, driver's license
number and/or financial account number that Defendant assumed a
duty to securely store and protect it. The Defendant breached this
duty and betrayed the trust of Plaintiff and Class members by
failing to properly safeguard and protect their Personal
Information, thus enabling cybercriminals to access, acquire,
appropriate, compromise, disclose, encumber, exfiltrate, release,
steal, misuse, and/or view it.
According to regulatory filings and mailed consumer notices, CNHI
discovered an unauthorized actor gained access to its computer
network between April 27, 2025, and May 17, 2025, during which
certain files were removed from the system. Following a detailed
review completed on November 19, 2025, CNHI determined that the
compromised files contained the information of multiple
individuals, including names in combination with Social Security
numbers, and/or other personal information, depending on the
individual. As a result of the Data Breach, Plaintiff and Class
members have already suffered damages. Additionally, Plaintiff and
Class members have already lost time and money responding to and
mitigating the impact of the Data Breach, which efforts are
continuous and ongoing, adds the complaint.
Plaintiff Laura Haste is a citizen and resident of Somerset,
Kentucky.
Defendant CNHI, LLC is headquartered in Montgomery, Alabama, and
owns and operates local news, information, and advertising
solutions businesses across the United States, including newspaper
and media operations.[BN]
The Plaintiff is represented by:
Jonathan S. Mann, Esq.
Austin B. Whitten, Esq.
PTTMAN, DUTTON, HELLUMS,
BRADLEY & MANN, P.C.
2001 Park Place North, Suite 110
Birmingham, AL 35203
Telephone: (205) 322-8880
E-mail: jonm@pittmandutton.com
E-mail: austinw@pittmandutton.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 W Las Olas Blvd, Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
COGNIZANT TECHNOLOGY: Scorpio Files Suit in D. New Jersey
---------------------------------------------------------
A class action lawsuit has been filed against Cognizant Technology
Solutions Corporation, et al. The case is styled as Lisa Scorpio,
individually and on behalf of all others similarly situated v.
Cognizant Technology Solutions Corporation, Trizetto Provider
Solutions, Case No. 2:25-cv-19027 (D.N.J., Dec. 29, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Cognizant Technology Solutions Corporation --
https://www.cognizant.com/ -- is an American multinational
information technology consulting and outsourcing company
originally founded in India.[BN]
The Plaintiffs are represented by:
Mark K. Svensson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
405 East 50th Street
New York, NY 10022
Phone: (202) 975-0468
Email: msvensson@zlk.com
COLEMAN POMPANO BEACH: Harty Sues Over Discriminative Property
--------------------------------------------------------------
Owen Harty, individually and on behalf of all other similarly
situated v. COLEMAN POMPANO BEACH, LLC and WING IT TWO, INC., Case
No. 0:25-cv-62683-XXXX (S.D. Fla., Dec. 29, 2025), is brought for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act ("ADA") as a result
of the Defendant's discrimination against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA.
Although well over 33 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead-time and the extensive publicity the ADA has received
since 1990, Defendant has continued to discriminate against people
who is disabled in ways that block them from access and use of
Defendant's property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA,
says the complaint.
The Plaintiff uses a wheelchair to ambulate.
WING IT TWO, INC., owned and/or operated a commercial restaurant
business within the Commercial Property.[BN]
The Plaintiff is represented by:
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
EDGEWELL PERSONAL: Koutoufidis Sues Over Wipes' Deceptive Ad
------------------------------------------------------------
CHERIE KOUTOUFIDIS on behalf of herself and all others similarly
situated, Plaintiff v. EDGEWELL PERSONAL CARE BRANDS, LLC,
Defendant, Case No. 3:25-cv-03692-AJB-DEB (S.D. Cal., December 19,
2025) is a class action seeking redress for Defendant's deceptive
practices associated with the advertising, labeling, and sale of
its Wet Ones Antibacterial Hand Wipes ("Products" or "Wipes").
According to the complaint, the Defendant sells Wet One Wipes which
prominently claim to be "hypoallergenic." The materiality of the
representation is evident by its prominent placement on the
principal display panel and its repetition elsewhere on the Product
packaging. The Product does not list any known allergen by name. It
does, however, include "fragrance" among its inactive ingredients.
The complaint alleges that the Plaintiff commissioned independent
analytical testing of Defendant's Products and discovered that they
contain d-Limonene and Linalool, both widely recognized fragrance
allergens. Defendant's inclusion of known fragrance allergens
directly contradicts Defendant's voluntary claim that its Product
is "hypoallergenic" thereby rendering it false and misleading.
Consumers, like Plaintiff, who purchased the Products have been
deceived by Defendant's false and misleading claims that the
Products are hypoallergenic. As a result of their reliance on
Defendant's misrepresentations, Plaintiff and Class Members have
suffered an ascertainable loss of money, including, but not limited
to, out of pocket costs incurred in purchasing the Products or
having paid a price premium for the Products as compared to other
wipes that do not make the same false and deceptive claims, asserts
the complaint.
Throughout the applicable Class Period, Defendant has falsely
represented the true nature of its Products, and as a result of
this false and misleading labeling, was able to sell these Products
to hundreds of thousands of unsuspecting consumers throughout
California and the United States. The Defendant's conduct is in
breach of warranty, violates California's Business and Professions
Code, California Civil Code, and is otherwise grounds for
restitution on the basis of quasi-contract/unjust enrichment, adds
the complaint.
The Plaintiff is represented by:
Michael D. Braun, Esq.
KUZYK LAW, LLP
2121 Avenue of the Stars, Ste. 800
Los Angeles, CA 90067
Telephone: (213) 401-4100
Facsimile: (213) 401-0311
E-mail: mdb@kuzykclassactions.com
FIELDTEX PRODUCTS: Fails to Safeguard Personal Info, Hensley Says
-----------------------------------------------------------------
FRANK F. HENSLEY, on behalf of himself and all others similarly
situated, Plaintiff v. FIELDTEX PRODUCTS, INC., Defendant, Case No.
6:25-cv-06799 (W.D.N.Y., December 19, 2025) is a class action
against the Defendant for its failure to secure and safeguard
personally identifiable information and personal protected health
information ("Private Information") that was entrusted to
Fieldtex.
The complaint relates that the Plaintiff and the rest of the Class
members received Fieldtex's medical products and services, and, in
so doing, entrusted Fieldtex with their extremely sensitive and
highly valuable Private Information, expecting that Fieldtex would
safeguard their highly sensitive and valuable information and would
make only authorized disclosures of the Private Information.
On August 19, 2025, Fieldtex became aware of a cyberattack of its
computer network. This cyberattack resulted in the breach and/or
compromise of certain files containing the sensitive personal data
of Plaintiff and at least roughly 275,000 other individuals,
including but not necessarily limited to names; addresses; dates of
birth; insurance member identification numbers, plan names, and
effective dates; and gender.
Due to Fieldtex's flawed security measures and Fieldtex's
incompetent response to the Data Breach, Plaintiff and Class
members now face a present, substantial, and imminent risk of fraud
and identity theft and must deal with that threat forever, says the
suit.
Plaintiff Frank F. Hensley is a resident of the state of Kentucky
and received health-related supplies from Fieldtex.
Defendant Fieldtex Products, Inc. is a medical supply fulfillment
business that also provides over the counter healthcare related
products to members through their health plans. Fieldtex serves
customers nationwide. It has provided healthcare products and
services to many hundreds of thousands of customers, including
Plaintiff.[BN]
The Plaintiff is represented by:
Adam M. Harris, Esq.
Israel David, Esq.
ISRAEL DAVID LLC
60 Broad Street, Suite 2900
New York, NY 10004
Telephone: (212) 350-8850
E-mail: adam.harris@davidllc.com
israel.david@davidllc.com
- and -
Mark A. Cianci, Esq.
ISRAEL DAVID LLC
399 Boylston Street, Floor 6, Suite 23
Boston, MA 02116
Telephone: (617) 295-7771
E-mail: mark.cianci@davidllc.com
FULLER'S SERVICE: Trustee Taps Commercial Recovery as Advisor
-------------------------------------------------------------
N. Neville Reid, the Trustee for Fuller's Service Center Inc seeks
approval from the U.S. Bankruptcy Court for the Northern District
of Illinois to employ Commercial Recovery Associates, LLC as
financial advisor.
The firm's services include:
(a) evaluating the Debtor's financial and operational
condition;
(b) providing financial advice on cash collateral and
debtor-in-possession financing;
(c) assisting the Trustee with the Debtor's cash collateral
budgets, monthly operating reports, and projections for any
potential plan of reorganization and/or disposition of assets that
the Trustee may pursue;
(d) monitoring the on-site operations of the Debtor on behalf
of the Trustee and the Estate and making such adjustments to
operations as necessary to protect the interests of the Estate; and
(e) generally providing such additional management,
financial analysis and related services as the Trustee may request
from time to time in administering the Estate.
The firm will be paid at these rates:
a. Robert P. Handler $500 per hour
b. Adrian Goetz $400 per hour
The firm will be paid a retainer in the amount of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert P. Handler, a partner at Commercial Recovery Associates,
LLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert P. Handler
805 Greenwood St,
Evanston, IL 60201
Tel: (312) 845-5001
Fax: (312) 610-5744
About Fuller's Service Center, Inc.
Fuller's Service Center, Inc. is engaged in the business of car
washing, auto repair and automotive maintenance from the leased
premises located at 102 West Chicago Avenue, Hinsdale, Illinois and
101-109 West Chicago Avenue, Hinsdale, Illinois ("Leased
Premises").
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-01345) on January 29,
2025. In the petition signed by Douglas A. Fuller Jr., president,
the Debtor disclosed up to $1 million in assets and up to $10
million in liabilities.
David K. Welch, Esq., at Burke, Warren, MacKay & Serritella, P.C.,
is the Debtor's legal counsel.
FULLER'S SERVICE: Trustee Taps Ravinia Capital as Investment Banker
-------------------------------------------------------------------
N. Neville Reid, the Trustee for Fuller's Service Center Inc. seeks
approval from the U.S. Bankruptcy Court for the Northern District
of Illinois to employ Ravinia Capital LLC as investment banker.
The firm will serve as the Trustee's exclusive investment banker in
connection with any potential sale, reorganization, or
restructuring of the Debtor involving all or part of the Debtor's
business and assets in one or more transactions.
The firm will be paid at these rates:
Tom Goldblatt, Managing Partner $850 per hour
Richard Taveras, Director(investment banking) $550 per hour
Alan Kravets, Senior Real Estate Expert $650 per hour
Nandhini Ganesan, Director (investment banking) $450 per hour
Dustin Pittman, Industry Specialist $350 per hour
Jake Hyland, Analyst $250 per hour
The firm will be paid a retainer in the amount of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Thomas C. Goldblatt, a partner at Ravinia Capital LLC, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Thomas C. Goldblatt
Ravinia Capital LLC
501 N. Clinton St, Suite 1206,
Chicago, IL 60654
About Fuller's Service Center, Inc.
Fuller's Service Center, Inc. is engaged in the business of car
washing, auto repair and automotive maintenance from the leased
premises located at 102 West Chicago Avenue, Hinsdale, Illinois and
101-109 West Chicago Avenue, Hinsdale, Illinois ("Leased
Premises").
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-01345) on January 29,
2025. In the petition signed by Douglas A. Fuller Jr., president,
the Debtor disclosed up to $1 million in assets and up to $10
million in liabilities.
David K. Welch, Esq., at Burke, Warren, MacKay & Serritella, P.C.,
is the Debtor's legal counsel.
FYNCAP GROUP: Faces Blue Suit Over TCPA Breach
----------------------------------------------
MARLON BLUE, individually and on behalf of all those similarly
situated, Plaintiff vs. FYNCAP GROUP LLC, Defendant, Case No.
3:25-cv-03693-GPC-DEB (S.D. Cal., December 19, 2025) is a class
action against the Defendant for negligently, knowingly, and/or
willfully placing unsolicited text messages to Plaintiff and the
putative class on their respective cellular phones which are
registered with the National Do-Not Call Registry ("DNC"), all in
violation of the Telephone Consumer Protection Act ("TCPA"), and
related regulations, including but not limited to the Code of
Federal Regulations ("CFR").
The complaint relates that the Defendant's officers, directors,
vice-principals, agents, servants, or employees sent numerous
unsolicited text messages to Plaintiff's cellular telephone for the
purpose of soliciting business from Plaintiff, this was done with
the full authorization, ratification or approval of Defendant or
was done in the routine normal course and scope of their
employment.
The complaint alleges that Defendant's telephonic communications
forced Plaintiff to be deprived of the privacy and utility of his
cellular phone by forcing Plaintiff to ignore or reject Defendant's
disruptive messages, dismiss alerts, and/or silence his cellular
phone as a result of Defendant's incessant telephone
solicitations.
The Plaintiff seeks an injunction requiring Defendant to cease all
unsolicited text messages to numbers on the DNC, as well as an
award of statutory damages and treble damages for Plaintiff and
each member of the Class per violation, reasonable attorneys' fees,
and costs.
Marlon Blue is a resident of the State of California, and the
County of San Diego.
Fyncap Group, LLC Defendant is a commercial finance company that
offers revenue based financing and other forms of alternative
funding.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
Gustavo Ponce, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
david@kazlg.com
mona@kazlg.com
gustavo@kazlg.com
HAYASHI HIBACHI: Underpays Restaurant Employees, Olivarez Says
--------------------------------------------------------------
JASMINE-DAY OLIVAREZ, BREANNA CORCINO, AND WEUSI RUBY JEFFERSON, ON
BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs
vs. HAYASHI HIBACHI OF LUBBOCK LLC d/b/a HAYASHI HIBACHI, HIBACHI
OF LUBBOCK, INC., AND LINDA CHEN, Defendants, Case No.
5:25-cv-00278-H (N.D. Tex., December 20, 2025) is a collective
action against the Defendants for their illegal pattern and/or
practice of failing to pay hourly wages, overtime compensation, and
the correct share of their tips with respect to Plaintiffs and
Collective Action Members, in violation of the Fair Labor Standards
Act ("FLSA").
According to the complaint, the Defendants acted as the agent or
employee of each other, and carried out a joint scheme, business
plan, or policy, and that each of them exercised control over the
wage payments and duties of the servers (i.e. waitresses, waiters
and the like).
The complaint alleges that the Defendants violated the FLSA in
seven ways: a) by failing to compensate their servers, including
Collective Action Members, the federally mandated minimum wage
rate, b) by keeping and diverting employees' tips and failing to
remit the full amount of tips earned, c) by paying their servers'
tips to managers and/or other non-tip eligible employees, d)
failing to pay overtime wages for hours worked over forty per week;
e) assigning substantial non-tipped duties while paying a tipped
sub-minimum rate; f) retaliating against employees who complained
about FLSA violations; and g) imposing illegal kickbacks and fees.
The Plaintiffs seek to recover unpaid wages and other penalties
under the Act.
Plaintiffs Jasmine Day Olivarez, Breanna Corcino, and Weusi Ruby
Jefferson are non-exempt employees who work/worked as servers at
one restaurant owned and/or operated by Defendants.
Defendant Hayashi Hibachi of Lubbock LLC d/b/a Hayashi Hibachi is a
Texas limited liability company that owns and operates the
restaurant located in Lubbock, Texas.
Defendant Hibachi of Lubbock, Inc. is a Texas corporation that owns
and operates the restaurant located in Lubbock, Texas.
Defendant Linda Chen is the manager of Hayashi Hibachi.[BN]
The Plaintiffs are represented by:
Sean Greenwood, Esq.
THE GREENWOOD LAW FIRM PLLC
1415 North Loop West, Suite 1250
Houston, TX 77008
Telephone: (832) 356-1588
Facsimile: (832) 356-1589
E-mail: sean@gwoodlaw.com
- and -
Robert S. Hogan, Esq.
HOGAN LAW FIRM, PC
6215 98th Street
Lubbock, TX 79424
Telephone: (806) 771-7900
Facsimile: (806) 771-7925
E-mail: rob@hoganlaw.com
HEALTHCARE INTERACTIVE: Levsen Files Suit Over Data Breach
----------------------------------------------------------
JACOB LEVSEN, individually and on behalf of all others similarly
situated, Plaintiff v. HEALTHCARE INTERACTIVE, INC., d/b/a
HCIactive, Defendant, Case No. 1:25-cv-04210 (D. Md., December 19,
2025) is a class action against the Defendant for its failure to
secure and safeguard approximately 87,565 individuals' (including
Plaintiff's) personally identifiable information ("PII") and
personal health information ("PHI"), including names, dates of
birth; email addresses; phone numbers; mailing addresses; Social
Security numbers; blood results and/or biometric data; health
insurance enrollment data (such as health plans/policies, insurance
companies, and member/group ID numbers); medical data (such as
medical record numbers, doctors, diagnoses, care, prescription
information, and treatment); and health insurance claims data (such
as claim numbers, account numbers, explanation of benefits, and
billing codes).
The complaint relates that in connection with providing services to
its clients, HCIactive stored and maintained Plaintiff's PII/PHI on
its systems, including the system involved in the Data Breach.
Between July 8, 2025, and July 12, 2025, an unauthorized individual
or individuals gained access to HCIactive's computer network and
copied the PII/PHI of Plaintiff and Class members (the "Data
Breach"). HCIactive had a duty to implement and maintain reasonable
and adequate security measures to secure, protect, and safeguard
their PII/PHI against unauthorized access and disclosure.
The complaint alleges that HCIactive breached those duties by,
inter alia, failing to implement and maintain reasonable security
procedures and practices to protect Plaintiff's and Class members'
PII/PHI from unauthorized access and disclosure. As a result of
HCIactive's inadequate security and breach of its duties and
obligations, the Data Breach occurred, and Plaintiff's and Class
members' PII/PHI was accessed and disclosed. This action seeks to
remedy these failings and their consequences. Plaintiff brings this
action on behalf of himself and all persons whose PII/PHI was
exposed as a result of the Data Breach.
The Plaintiff, on behalf of himself and all other Class members,
asserts claims for negligence, negligence per se, unjust
enrichment, and violation of the Maryland Consumer Protection Act,
and seeks declaratory relief, injunctive relief, monetary damages,
statutory damages, punitive damages, equitable relief, and all
other relief authorized by law.
Plaintiff Jacob Levsen is a citizen and resident of Pennsylvania.
Defendant HCIactive is a software company that provides artificial
intelligence solutions for health insurance companies.[BN]
The Plaintiff is represented by:
Thomas Pacheco, Esq.
LEE SEGUI PLLC
900 W. Morgan St.
Raleigh, NC 27603
Telephone: 919-421-7782
E-mail: tpacheco@leesegui.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Ste. 1630
Chicago, IL 60606
Telephone: 312-621-2000
Facsimile: 312-641-5504
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
HEALTHCARE INTERACTIVE: Quednow Files Suit Over Data Breach
-----------------------------------------------------------
NICHOLAS QUEDNOW, individually and on behalf of all others
similarly situated; Plaintiff v. HEALTHCARE INTERACTIVE, INC.,
Defendant, Case No. 1:25-cv-4171 (D. Md., December 18, 2025) is a
class action against the Defendant for its failure to implement
adequate and reasonable cyber-security procedures and protocols
necessary to protect individuals' Private Information with which
they were entrusted for benefits administration.
The complaint relates that the Plaintiff provided Defendant with
his sensitive personally identifiable information ("PII") and
protected health information ("PHI") to receive healthcare services
from Defendant's client.
On July 22, 2025, Defendant identified it was subject to a
cyberattack (the "Data Breach"). In its report to the Maine
Attorney General's office, Defendant reported that the personal
information of 87,565 individuals was affected in the data breach.
On December 9, 2025, Defendant mailed Plaintiff a letter advising
him that the Private Information compromised in the Data Breach
included certain personal or protected health information of
Defendant's clients' patients, including Plaintiff. This Private
Information included but is not limited to names, Social Security
numbers, dates of birth, email addresses, phone numbers, mailing
addresses, health insurance enrollment data, medical data and
health insurance claims data. Because of the Data Breach, Plaintiff
and Class Members have been exposed to a heightened and imminent
risk of fraud and identity theft, adds the complaint.
Through this Complaint, 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
Plaintiff seeks remedies including, but not limited to,
compensatory damages, reimbursement of out-of-pocket costs, and
injunctive relief including improvements to Defendant's data
security systems, future annual audits, and adequate credit
monitoring services funded by Defendant. Accordingly, Plaintiff
sues Defendant seeking redress for its unlawful conduct, and
asserting claims for: (i) negligence, (ii) breach of implied
contract, and (iii) unjust enrichment.
Plaintiff Nicholas Quednow is a citizen of Indiana, residing in the
city of Lafayette.
Defendant Healthcare Interactive, Inc. is a digital insurance and
wellness technology company that provides AI-driven healthcare
administration platforms for insurers and employers.[BN]
The Plaintiff is represented by:
Sonjay Singh, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: ssingh@sirillp.com
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: lmontgomery@eksm.com
HOMESITE GROUP: Court Denies Conditional Certification in "Sigler"
------------------------------------------------------------------
In the case captioned as Shana Sigler, individually and on behalf
of all others similarly situated, Plaintiff, v. Homesite Group
Inc., Defendant, Case No. 24-cv-12477-DJC (D. Mass.), Chief Judge
Denise J. Casper of the United States District Court for the
District of Massachusetts concluded that Sigler had not met her
burden of demonstrating that there are similarly situated employees
and declined to grant conditional certification to the proposed
collective action under the FLSA. The Court denied Sigler's motion
for conditional certification under the Fair Labor Standards Act
(FLSA), 29 U.S.C. Section 216(b).
Sigler filed this putative collective action lawsuit against
Homesite, alleging violations of the FLSA, 29 U.S.C. Section 201 et
seq., the Arizona Wage Statute, Ariz. Rev. Stat. Section 23-350 et
seq., and unjust enrichment. From February 13, 2023 to October 26,
2023, Sigler was employed by Homesite in Phoenix, Arizona as a
remote Customer Solutions Agent (CSA). She alleged that during the
class period of September 27, 2021 through the present, Homesite
failed to compensate her and members of the putative collective
action for time spent completing tasks before their shift starting
times and after their shift ending times, and failed to compensate
them for working overtime in violation of the FLSA, 29 U.S.C.
Section 207.
Sigler sought to include in the collective action group all current
and former CSA employees and all other workers with similar job
titles and positions of Homesite during the period of three years
preceding the commencement of this action through the present.
She contended that remote CSAs answer inbound telephone calls from
customers regarding their Homesite insurance policies and perform
other related job duties, such as sales of Homesite products,
primarily on the computer and telephone from home.
Sigler alleged that prior to clocking in, she and other members of
the putative collective action needed to boot up their computer,
start and log into Homesite's computer systems, software
applications, programs and phone system. She spent approximately
twenty to thirty minutes prior to the start of her shift on most
days performing these tasks. Sigler asserted that CSAs were told by
supervisors to perform this work before they were on the clock so
they could be ready to take phone calls as soon as they were logged
into the phone and the shift began, and that it was emphasized that
high productivity numbers were important for their jobs.
Sigler alleged that supervisors told her, and many others, only to
punch in shortly before taking the first call and that booting up
the computer, starting and logging into Homesite's computer
systems, numerous software applications and programs, and phone
system, and ensuring that each program/system is running correctly,
before clocking in increased productivity stats. She further
alleged that CSAs were also required to perform unpaid work after
the end of their shifts each day including completing job duties
after the last call, documenting calls, sending emails,
corresponding with supervisors and closing and logging out of
Homesite's computer systems, software applications and programs and
phone system. Sigler spent approximately five minutes or more to
complete these activities after the end of her shift on a regular
basis.
Homesite opposed conditional certification, arguing that Sigler had
not met her burden of presenting sufficient evidence of an unlawful
common policy, plan or practice that violated the FLSA, that the
putative collective is factually similar, or that putative
collective members are interested in joining the lawsuit.
The Court applied the Lusardi standard, noting that although the
determination that a putative collective is similarly situated is
made using a fairly lenient standard at the initial notice stage of
the two-step approach, the standard is not invisible. The Court
found that Sigler was required to put forth some evidence that the
legal claims and factual characteristics of the collective in this
case are similar.
The Court concluded that Sigler had not satisfied the modest
factual showing required at step one of the FLSA certification
procedure to warrant certification of the collective. Although
Sigler submitted her own declaration, the declaration of Angela
Troche, a former Homesite CSA employee from January 2018 through
March 2025, and an email from a redacted source, the Court found
these insufficient.
The Court noted that Sigler and Troche are similarly situated in
some cursory ways but not as to Homesite's alleged de facto policy
of supervisors instructing CSAs to clock in shortly before taking
their first call and to boot up their computer systems, software
and programs before being on the clock. Notably, Troche's
declaration did not include any allegations of supervisors
instructing or pressuring her not to clock in early or record her
time spent working outside her shift hours to support Homesite's
alleged de facto policy.
The Court emphasized that Sigler had not put forth any information
to support her assertions that other putative collective members
were also told by supervisors to boot up and perform other job
duties before they were on the clock. The Court found there was no
factual showing or any allegations that Sigler and Troche, or other
putative collective members, shared the same supervisors or
managers or that such instructed them all not to clock in earlier
than a few minutes prior to the start of their shifts.
A copy of the Court's decision Dated 12th December is available
athttps://urlcurt.com/u?l=pVqqw5 from PacerMonitor.com
KAPITOL BRIDGE: Blue Files Suit Over TCPA Violation
---------------------------------------------------
MARLON BLUE, individually and on behalf of all those similarly
situated, Plaintiff vs. KAPITOL BRIDGE LLC, Defendant, Case No.
3:25-cv-03694-LL-BLM (S.D. Cal., December 19, 2025) is a class
action against the Defendant for negligently, knowingly, and/or
willfully placing unsolicited text messages to Plaintiff and the
putative class on their respective cellular phones which are
registered with the National Do-Not Call Registry ("DNC"), all in
violation of the Telephone Consumer Protection Act ("TCPA"), and
related regulations, including but not limited to the Code of
Federal Regulations ("CFR").
According to the complaint, the Defendant sent numerous unsolicited
text messages to Plaintiff's cellular telephone for the purpose of
soliciting business from Plaintiff while Plaintiff's telephone
number was registered with the DNC. The Defendant has violated the
TCPA and CFR by bombarding consumers' mobile phones with
non-emergency advertising and marketing text messages without prior
express written consent.
The complaint alleges that the Defendant's telephonic
communications forced Plaintiff to be deprived of the privacy and
utility of his cellular phone by forcing Plaintiff to ignore or
reject Defendant's disruptive messages, dismiss alerts, and/or
silence his cellular phone as a result of Defendant's incessant
telephone solicitations.
The Plaintiff seeks an injunction requiring Defendant to cease all
unsolicited text messages to numbers on the DNC, as well as an
award of statutory damages and treble damages (for knowing and/or
willful violations) for Plaintiff and each member of the Class per
violation, reasonable attorneys' fees, and costs.
Marlon Blue is a resident of the State of California, and the
County of San Diego.
Kapitol Bridge, LLC secures funding for business loans, SBA loans,
equipment financing, lines of credit, and other business capital
solutions.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
Gustavo Ponce, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
david@kazlg.com
mona@kazlg.com
gustavo@kazlg.com
KRISTI NOEM: Court Certifies Class Challenging ICE Re-Arrest
------------------------------------------------------------
In the case captioned as FRESCIA GARRO PINCHI, JUANY GALO SANTOS,
and JOSE TELETOR SENTE, Plaintiffs, v. KRISTI NOEM, et al.,
Defendants, Case No. 25-cv-05632-PCP (N.D. Cal.), Judge P. Casey
Pitt of the United States District Court for the Northern District
of California provisionally certified a class and subclass,thereby
provisionally certifying a Rule 23(b)(2) injunctive class and
subclass and ordered a stay of the Department of Homeland
Security's re-detention policy under Section 705 of the
Administrative Procedure Act,
According to the Court, Plaintiffs are noncitizens who entered the
United States without lawful admission, were apprehended near the
border, placed in removal proceedings, and released into the
interior after DHS found they were unlikely to abscond or endanger
the public. Until this year, DHS’s longstanding practice was not
to re-detain a noncitizen whom it had previously released without
first making an individualized determination that the
individual’s material circumstances had changed, such that the
individual posed a flight or security risk. In May 2025, DHS began
re-arresting large numbers of noncitizens without making such
individualized determinations, often at immigration courthouses,
and Plaintiffs challenge this new “re-detention policy” on
behalf of a putative class and subclass of similarly situated
noncitizens.
Upon careful examination, the Court described a statutory framework
in which 8 U.S.C. Sections 1225 and 1226 govern civil detention of
noncitizens pending removal proceedings, with Section 1225(b)(1)
and (b)(2) authorizing detention of applicants for admission and
Section 1226 providing discretionary detention and release
authority over noncitizens already in the country. The Court
explained that, although Section 1226(b) permits DHS to revoke bond
or parole “at any time,” the Board of Immigration Appeals in
Matter of Sugay and DHS’s own longstanding practice recognized an
important implicit limitation that DHS generally only re-arrested a
noncitizen after a material change in circumstances. The Court
found that this practice changed in May 2025, when DHS officers
began re-arresting and re-detaining noncitizens previously released
under Section 1226(a) without first making any individualized
determination of changed circumstances, resulting in a
“staggering wave of arrests.”
The Court recounted evidence from immigration attorneys, former
immigration judges, and noncitizens showing that ICE suddenly began
re-detaining noncitizen clients absent any material change in their
circumstances, including arrests at immigration courts and ICE
field offices. According to the Court, news reports and data
suggested that DHS had re-detained hundreds, if not thousands, of
noncitizens in ICE’s San Francisco area of responsibility alone,
and at least 362 noncitizens had challenged re-detention in about
fifty different courts across the United States. The Court
observed that while the extraordinary pace and scale of the change
to DHS’s re-detention practices were clear, the reasons for it
were not, and DHS initially struggled to provide a consistent
explanation before an internal July 2025 ICE memorandum adopted the
position that all applicants for admission are subject to mandatory
detention under Section 1225(b) and may not be released except by
parole.
The Court detailed the severe consequences of the re-detention
policy for noncitizens, noting that released noncitizens relied on
DHS’s prior policy and ICE’s statements that they would remain
out of custody if they complied with conditions of release, and in
reliance had obtained work authorization, secured employment and
housing, purchased cars, pursued education, and supported families
and religious communities. The Court highlighted declarations
describing financial losses, disruption to family support, and
risks to children, including a family losing about 800 dollars per
week and incurring towing fees when ICE arrested a partner while he
carried the keys to the couple’s only car, and single parents
fearing that re-detention would leave their children without a
caregiver.
Accordingly, the Court concluded that the new practice upended
decades of reliance and imposed significant hardships not only on
noncitizens but also on their families, workplaces, and
communities.
As to the named Plaintiffs, the Court stated that Plaintiff Garro
Pinchi is an asylum-seeker from Peru who entered the United States
without lawful admission in April 2023, was arrested under Section
1226(a), charged as an alien present without being admitted or
paroled, and released on her own recognizance pursuant to Section
1226(a). For more than two years, she lived and developed a
community in northern California, worked to support her mother and
daughter in Peru, and complied with all conditions of release, with
no criminal record. In July 2025, after DHS moved in immigration
court to dismiss her standard removal proceedings to pursue
expedited removal under Section 1225(b)(1), ICE agents arrested her
as she exited the courtroom and detained her without evidence of
changed circumstances, prompting this action and a separate habeas
case in which the Court issued a temporary restraining order and
preliminary injunction requiring her immediate release and
enjoining re-detention absent prior notice and a hearing before an
immigration judge.
The Court explained that Plaintiffs then amended their complaint to
add Plaintiffs Galo Santos and Teletor Sente, asylum-seekers who
entered without lawful admission, were charged under Section
1182(a)(6)(A)(i), placed in standard removal proceedings, and
released on recognizance under Section 1226(a). Neither had yet
been re-arrested, but each feared re-detention at upcoming removal
hearings and ICE check-ins because ICE had in recent months
arrested many similarly situated noncitizens at such proceedings,
and they sought habeas relief prohibiting re-detention as a
violation of their due process rights under the Fifth Amendment.
The amended complaint asserted four Administrative Procedure Act
claims on behalf of a putative class and subclass, alleging that
DHS’s re-detention policy was arbitrary and capricious, contrary
to Fourth Amendment rights, in excess of DHS’s authority under
Section 1226(b), and inconsistent with DHS regulations governing
revocation of bond or parole.
According to the Court, the putative class consisted of all
noncitizens in the jurisdiction of the San Francisco ICE Field
Office who (1) entered or will enter the United States without
inspection; (2) have been or will be charged with inadmissibility
under 8 U.S.C. Section 1182 and have been or will be released from
DHS custody; (3) are in removal proceedings under 8 U.S.C. Section
1229a, including certain dismissed but not administratively final
proceedings; and (4) are not subject to detention under 8 U.S.C.
Section 1226(c). The putative subclass consisted of all class
members whose release from DHS custody was or will be on bond,
conditional parole, or recognizance under 8 U.S.C. Section 1226(a)
and 8 C.F.R. Section 236.1(c)(8). The Court severed Plaintiffs’
individual habeas claims into separate actions but retained the
class claims in this case and proceeded to consider Plaintiffs’
motions for provisional class certification and a Section 705 stay
of the re-detention policy.
Upon careful examination, the Court rejected the government’s
threshold arguments regarding standing, ripeness, mootness, and
jurisdictional bars. The Court held that at least one named
Plaintiff had standing to pursue prospective relief because each
Plaintiff was subject to the re-detention policy and faced a
concrete and imminent threat of arrest at upcoming hearings and
check-ins, and the injury was fairly traceable to the policy and
likely redressable by vacatur or stay. The Court found that
Plaintiffs’ claims were ripe because they presented concrete
legal issues in an actual case and not abstractions, and were not
moot because the preliminary injunction protecting Plaintiff Garro
Pinchi was temporary and DHS had not disavowed an intent to
re-detain her after its expiration.
The Court further concluded that 8 U.S.C. Sections 1252(b)(9),
1252(g), and 1252(e) did not strip jurisdiction over the APA claims
because Plaintiffs were not challenging removal orders or decisions
to commence, adjudicate, or execute removal, but rather a
collateral re-detention policy, and Section 1252(e) was interpreted
as limited to challenges to the expedited removal system under
Section 1225(b)(1). Accordingly, the Court determined that no
statutory provision barred review of the class-wide APA challenge.
Turning to class certification, the Court held that Plaintiffs
satisfied Rule 23(a)’s numerosity, commonality, typicality, and
adequacy requirements and Rule 23(b)(2)’s standard for injunctive
or declaratory relief. The Court found that Plaintiffs’ proposed
class and subclass definitions were sufficiently clear, that the
class was numerous in light of evidence that DHS had re-detained
hundreds or thousands of noncitizens in the San Francisco area of
responsibility, and that common questions of law and fact centered
on the existence, lawfulness, and effects of the re-detention
policy. The Court concluded that the named Plaintiffs’ claims
were typical because they alleged the same course of conduct and
injury as the class, and that Plaintiffs and their counsel had no
conflicts with class members and understood their duty to represent
the interests of everyone in the class and remain in contact with
counsel, so they would prosecute the action vigorously.
Accordingly, the Court provisionally certified the class and
subclass for purposes of preliminary relief and appointed
Plaintiffs Garro Pinchi, Galo Santos, and Teletor Sente as class
representatives. The Court then addressed the Section 705 stay
factors and held that Plaintiffs were likely to succeed on the
merits of their APA claims, at least insofar as DHS’s
re-detention policy represented an unexplained departure from
longstanding practice and relied on a legal position that Section
1225(b)(2) requires mandatory re-detention of all applicants for
admission regardless of changed circumstances. The Court
emphasized that DHS’s abrupt shift in practice without a reasoned
explanation was inconsistent with the APA’s requirement of
non-arbitrary agency action.
The Court determined that Plaintiffs and class members were likely
to suffer irreparable harm absent a stay because deprivation of
physical liberty by detention constitutes irreparable harm and many
arrests likely violated due process, and it is well established
that deprivation of constitutional rights constitutes irreparable
injury. The Court concluded that the balance of equities and the
public interest favored a stay because the class had a strong
interest in avoiding unlawful re-detention, the public interest is
served by compliance with the APA and by preventing violations of
constitutional rights, and the government’s asserted interest in
enforcing its preferred detention policy did not outweigh these
considerations where the underlying practice was likely
unlawful.[1]
Therefore, the Court granted Plaintiffs’ motion to provisionally
certify the class and subclass and granted the motion to stay
DHS’s re-detention policy under Section 705 of the APA. The
Court ordered that DHS is stayed from re-arresting and re-detaining
class and subclass members under the challenged policy absent
individualized determinations consistent with its longstanding
practice and applicable statutory and regulatory standards.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=VizCah from PacerMonitor.com
LAGADA CORP: Does Not Properly Pay Restaurant Workers, Romero Says
------------------------------------------------------------------
JOEL ALBERTO PINEDO ROMERO, JESUS PEREZ SALAS, PEDRO PALACIOS
ROMERO, JUAN PEREZ MEJIA, DANIEL MELCHOR, LEOPOLDO AVILO SANTIAGO,
and ROLANDO CARRASCO, individually and on behalf of others
similarly situated, Plaintiffs v. LAGADA CORP. (d/b/a RITZ DINER),
1079 1ST AVENUE CORP. (d/b/a TRAMWAY RESTAURANT), 1144 RESTAURANT
CORP. (d/b/a GEORGE SOUTHERN GREEK), and GEORGE KALOGERAKOS,
Defendants, Case No. 1:25-cv-10559 (S.D.N.Y., December 19, 2025) is
a class action against the Defendants for unpaid minimum and
overtime wages pursuant to the Fair Labor Standards Act of 1938
("FLSA"), and for violations of the N.Y. Labor Law ("NYLL"), and
the "spread of hours" and overtime wage orders of the New York
Commissioner of Labor ("Spread of Hours Wage Order"), including
applicable liquidated damages, interest, attorneys' fees and
costs.
According to the complaint, the Plaintiffs are former employees of
Defendants. The Plaintiffs were employed as cooks, dishwasher, and
waiter/order taker at the 3 restaurants located at various
locations in Manhattan. At all times relevant to this Complaint,
the Plaintiffs worked for Defendants in excess of 40 hours per
week, without appropriate minimum wage, overtime, and spread of
hours compensation for the hours that they worked. Rather,
Defendants failed to maintain accurate recordkeeping of the hours
worked and failed to pay Plaintiffs appropriately for any hours
worked, either at the straight rate of pay or for any additional
overtime premium.
As a result of Defendants' failure to provide Plaintiffs and other
employees a Notice of Pay Rate or accurate wage statements with
each payment of their wages, Plaintiffs and other employees were
prevented from: (i) comparing their rate of pay to their hours
worked; (ii) realizing that they were underpaid; and (iii)
advocating for themselves and/or taking appropriate action to
obtain the payments due to them, says the suit.
Plaintiff Joel Alberto Pinedo Romero was employed by Defendants at
Ritz Diner and Tramway Restaurant from September 16, 2023 until
November 2, 2025. Plaintiff Jesus Marino was employed by Defendants
at Ritz Diner from August 23, 2019 until November 2, 2025.
Plaintiff Pedro Palacios Romero was employed by Defendants at Ritz
Diner from October 2021 until November 2, 2025. Plaintiff Juan
Perez Mejia was employed by Defendants at Ritz Diner from April 5,
2020 until November 2, 2025. Plaintiff Daniel Melchor was employed
by Defendants at George southern Greek from March 6, 2024 until
September 1, 2025. Plaintiff Leopoldo Avilo Santiago was employed
by Defendants at George Southern Greek from January 25, 2024 until
September 1, 2025 and at Tramway Restaurant from October 1, 2025
until November 1, 2025. Plaintiff Carlos Carrasco was employed by
Defendants at Ritz Diner from April 2006 until November 2, 2025.
Lagada Corp. (d/b/a Ritz Diner), 1079 1st Avenue Corp. (d/b/a
Tramway restaurant), 1144 RESTAURANT CORP. (d/b/a George Southern
Greek), and George Kalogerakos.
Defendants own, operate, or control 3 restaurants located at 1133
1st Avenue, New York, New York 10065 (Ritz Diner), 1079 1st Avenue,
New York, New York 10022 (Tramway restaurant), and 1144 1st Avenue,
New York, New York 10065 (George Southern Greek).
Individual Defendant George Kalogerakos, serves or served as owner,
manager, principal, or agent of Defendant Corporations and, through
these corporate entities, operate or operated the restaurants as a
joint or unified enterprise.[BN]
The Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
MEN'S WEARHOUSE: Website Inaccessible to Blind Users, Dalton Says
-----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiffs v. The Men's Wearhouse, LLC, Defendant, Case
No. 0:25-cv-04703-ECT-DJF (D. Minn., December 18, 2025) is a civil
rights action against the Defendant for its failure to ensure its
Website, www.menswearhouse.com, is fully accessible to, and
independently usable by, individuals with vision-related
disabilities, in violation of the Americans with Disabilities Act.
The complaint alleges that the Plaintiff was injured when she
attempted to access Defendant's Website from Minnesota but
encountered barriers that denied her full and equal access to
Defendant's online goods, content, and services. In addition to her
claim under the ADA, Plaintiff also asserts a companion cause of
action under the Minnesota Human Rights Act (MHRA).
The Plaintiff seeks a permanent injunction requiring a change in
Defendant's corporate policies to cause its online store to become,
and remain, accessible to individuals with visual disabilities; a
civil penalty payable to the state of Minnesota; damages, and a
damage multiplier pursuant to Minnesota Statute.
Julie Dalton is a blind and low-vision individual and is reliant
upon screen reader technology to navigate the Internet.
The Men's Wearhouse, LLC owns, operates, and/or controls its
Website that offers men's apparel and accessories for sale,
including, but not limited to, suits, coats, jackets, shorts,
pants, shoes, sweaters, belts, ties, hats, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
MENARD CORRECTIONAL: Loses Bid to Keep Transgender Inmates
----------------------------------------------------------
In the case captioned as Janiah Monroe, Marilyn Melendez, Lydia
Helena Vision, Sora Kuykendall, and Sasha Reed, individually and on
behalf of a class of similarly situated individuals, Plaintiffs, v.
Lamenta Conway, Melvin Hinton, and Latoya Hughes, Defendants, Case
No. 3:18-cv-00156-NJR (S.D. Ill.), Chief Judge Nancy J.
Rosenstengel of the United States District Court for the Southern
District of Illinois granted Plaintiffs' motion and ordered
preliminary injunctive relief. The December 11, 2025 Memorandum and
Order reissued a preliminary injunction prohibiting class members
from being housed at Menard Correctional Center.
This class action litigation was brought in January 2018 on behalf
of all prisoners in the custody of IDOC who have requested
evaluation or treatment for gender dysphoria. The named Plaintiffs
are transgender women currently incarcerated in Illinois Department
of Corrections facilities. The named Defendants are, respectively,
the Acting IDOC Medical Director, IDOC Chief of Mental Health, and
the IDOC Director, all sued in their official capacity.
On September 12, 2025, the Court ordered preliminary injunctive
relief, granting Plaintiffs' Motion for Preliminary Injunction
Prohibiting Class Members from Living at Menard Correctional
Center. Pursuant to the Prison Litigation Reform Act, that Order
expires after 90 days, on December 11, 2025. Plaintiffs moved for
reissuance of the Preliminary Injunction, and the Court held an
evidentiary hearing on December 8, 2025.
At the evidentiary hearing, class member A.R. testified that
conditions at Menard remained poor after the May hearing. A.R.
missed scheduled hormone doses because the prison nurse failed to
make the pills available or because medication was handed out in
the middle of the night. A.R.'s body searches were conducted by
male officers on every occasion except one between May and
September.
Class member J.D. reported that conditions at Menard remained
difficult after the May hearing. She missed her hormone treatments
on at least five occasions. On July 8, 2025, J.D. was assaulted by
two male prisoners and sustained injuries to one of her eyes. The
guards did not come to her aid; instead, they sprayed her with mace
and placed her in restrictive housing.
Class member T.S. testified that between May and October 2025, she
was strip-searched by male officers two or three times a month
despite her I.D. notation and requests to be searched by a female.
T.S. experienced many interruptions in hormone medication at Menard
between May and October 2025. The lapses in medication caused T.S.
to experience stress, depression, self-harm, and loss of appetite.
Class member L.J. testified that on September 11, 2025, she was
placed in protective custody and celled with inmate Hinkle, who
sexually assaulted her during the night. On September 14, 2025,
Hinkle pushed L.J. up against the cell bars, wrapped a piece of bed
sheet around her neck, and started choking her. Officer McDonald
grabbed the bed sheet still wrapped around L.J.'s neck, choked her,
and twisted her nipples while yelling homophobic and racial slurs.
L.J. suffered a swollen, bruised neck with marks still visible
during the hearing and on her IDOC photograph, as well as fractured
wrists.
Warden Anthony Wills testified that he did not sit down with any of
the transgender inmates who testified at the May hearing to learn
more about their experiences. He confirmed that no staff have been
disciplined in connection with the incidents discussed previously
but stated that investigations remain ongoing. Wills testified that
he has not mandated any additional trainings or enacted any new
policies at the prison since May.
Dr. William Puga testified that there were approximately 20 to 22
class members housed in Menard before the Court ordered their
transfer to other facilities in September. In the time since, an
additional 42 individuals at Menard have requested treatment for
gender dysphoria. Dr. Puga admitted that he had not visited Menard
since January 2024.
The Court concluded that Plaintiffs are likely to succeed on the
merits of their claim that prison officials were deliberately
indifferent to their medical needs. The Court found that
"conditions at Menard remain substantially the same as they were in
May." The facility does not allow class members to safely seek
treatment for their gender dysphoria as is their right under the
Eighth Amendment. Despite IDOC officials being aware of the
deficiencies, little, if anything, has been done.
The Court ordered that Defendants shall transfer any class member
housed at Menard to another facility. In determining where each
class member will be transferred, Defendants shall consider the
individual's gender dysphoria condition, gender identity, related
safety issues, and whether a transfer to a facility matching the
individual's gender identity is appropriate. Defendants shall
notify each individual class member of their new placement in
writing, at least seven days in advance of the physical transfer,
stating where the individual will be moved.
Going forward, no individual already identified as a member of the
Plaintiff class shall be transferred to Menard. If an individual
already housed at Menard requests an evaluation for gender
dysphoria, IDOC shall conduct the requested evaluation within seven
working days and confirm such diagnosis within 14 days of the
evaluation. Each person who is confirmed with a gender dysphoria
diagnosis shall be transferred to a different facility within 21
days of such confirmation.
A copy of the Court's decision dated December 11, 2025 is available
at https://urlcurt.com/u?l=cee5T0 from PacerMonitor.com
METROPOLITAN NEW YORK: Citadel of Praise Files Fraud Class Suit
---------------------------------------------------------------
The Citadel of Praise & Worship, Inc., individually and on behalf
of all others similarly situated, Plaintiff v. Metropolitan New
York Synod of the Evangelical Lutheran Church in America, Capell
Barnett Matalon & Schoenfeld LLP, Defendants, Case No.
1:25-cv-06962 (E.D.N.Y., December 18, 2025) is a class action
against the Defendants for their fraudulent scheme to purposefully
miscalculate interest due and owing on mortgages in order to obtain
vastly inflated payouts from court-ordered foreclosure sales which,
in turn, deprived Plaintiff and Class members of their legal right
to be awarded surplus monies resulting from said sales.
The complaint relates that the Defendants facilitate the scheme by
submitting deceptive documentation to New York Courts in the hopes
that court personnel and court-appointed individuals will blindly
approve and sign them as a rubber stamp. With these deceptive
filings, the Defendants' unlawfully obtain foreclosure surplus
monies from property owners, creditors and others entitled to
foreclosure auction surplus monies.
Defendant Metropolitan New York Synod of the Evangelical Lutheran
Church in America (hereinafter the "Metropolitan New York Synod")
coordinates with Capell Barnett Matalon & Schoenfeld LLP
(hereinafter "Capell Barnett") to draft and review these deceptive
documents with the intention, understanding or objective to
prematurely utilize the final monetary judgment award to the
noteholder Metropolitan New York Synod awarded in a court's
Judgment of Foreclosure and Sale (hereinafter the "JFS") in
calculating improper compound interest accrued on a mortgage loan
before the JFS was actually entered in violation of CPLR Sections
5001, 5002, 5003 and N.Y. General Obligation Law, asserts the
complaint.
More specifically, Plaintiff has found that Metropolitan New York
Synod and Capell Barnett have purposefully and unlawfully submitted
pre-drafted referee's reports of sale in state and/or federal
courts that charge unlawful, compound interest that vastly inflates
the amounts owed to the foreclosing plaintiffs. The pre-drafted
referee's report charges compound interest from the time between
Capell Barnett filing a motion for the entry of a JFS and the
actual granting and entry of the JFS by the court (the "Motion
Determination Period"). Metropolitan New York Synod and Capell
Barnett use the already-determined JFS amount as the basis for the
calculation of interest in the Motion Determination Window instead
of using the legal basis of the mortgage principal. In some
instances, the difference in the purported judgment and the proper
judgment are well in excess of one hundred thousand dollars. The
Defendants have systematically stolen from the Plaintiff and all
others that are entitled to surplus monies in this matter and have
used the color of law to achieve this goal, adds the complaint.
The Citadel of Praise & Worship, Inc. is a religious corporation
incorporated under the laws of the State of New York with its
principal place of business at 832 Marcy Avenue, Brooklyn, New York
11216.
Metropolitan New York Synod of the Evangelical Lutheran Church in
America is a religious corporation incorporated under the laws of
the State of New York with its principal place of business at 475
Riverside Drive, New York, New York 10115.
Capell Barnett Matalon & Schoenfeld LLP conducts business in the
state of New York and has been retained by Metropolitan New York
Synod to collect on debt that Metropolitan New York Synod claims to
own.[BN]
The Plaintiff is represented by:
Mark S. Anderson, Esq.
Kimberly Wroblewski, Esq.
ANDERSON, BOWMAN &
WALLSHEIN, PLLC
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Telephone: (718) 263-6800
Facsimile: (718) 520-9401
E-mail: manderson@abwpllc.com
MONSANTO COMPANY: Dalton Sues Over Wrongful Herbicide Distribution
------------------------------------------------------------------
Brian Dalton, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-525 MON (Del.
Super. Ct., Dec. 17, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an action for damages suffered by Plaintiff as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Davis Sues Over Negligent Advertising and Sale
----------------------------------------------------------------
Karen Davis, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-515 MON (Del.
Super. Ct., Dec. 17, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an action for damages suffered by Plaintiff as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Delzeit Sues Over Wrongful Advertising and Sale
-----------------------------------------------------------------
Terry Delzeit, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-488 MON (Del.
Super. Ct., Dec. 17, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an action for damages suffered by Plaintiff as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Denson Sues Over Negligent Herbicide Sale
-----------------------------------------------------------
Guerry Denson, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-470 MON (Del.
Super. Ct., Dec. 17, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an action for damages suffered by Plaintiff as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Egert Sues Over Wrongful Herbicide Distribution
-----------------------------------------------------------------
Eric Egert, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-505 MON (Del.
Super. Ct., Dec. 17, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an action for damages suffered by Plaintiff as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
OMEGA COMPLIANCE: Sued for Human Trafficking, Forced Labor
----------------------------------------------------------
JOHN DOE 1 through JOHN DOE 22, individually and on behalf of
themselves and all others similarly situated, Plaintiffs v. OMEGA
COMPLIANCE SOLUTIONS, LLC; SOUTH STAR LOGISTICS, INC.; TRIUS
TRUCKING, INC.; NEW LEGEND, INC.; B&B TRANSPORT, INC.; A&I
TRANSPORT, INC.; DIESEL DIRECT, LLC; HENRY G. GAMINO; RICK GAMINO;
ALVARO COBARRUBIAS; KARLA PARRA; PABLO PEREZ; GERARDO RIVAS; and
DOES 1 100, Case No. 3:25-cv-03613-JES-JLB (S.D. Cal., December 16,
2025) arises from the Defendants' violations of the Trafficking
Victims Protection Reauthorization Act, the Racketeer Influenced
and Corrupt Organizations Act, the Fair Labor Standards Act, the
California Civil Code, and the California Business and Professions
Code.
This case arises from a coordinated human trafficking and forced
labor venture involving Omega Compliance Solutions and multiple
U.S. motor carriers that jointly recruited, dispatched, controlled,
and profited from Plaintiffs' labor.
The Plaintiffs are Mexican nationals, professional commercial
drivers, who were recruited in Baja California beginning no later
than 2022 and continuing through 2025 by Defendants through a
cross-border enterprise premised on fraudulent promises of lawful
U.S. work visas, permits, and immigration benefits in exchange for
recruitment fees and coerced labor. The Defendants used threats of
immigration harm, coercive debts, confiscation of identity
documents, and unlawful wage practices to obtain and maintain
Plaintiffs' labor in interstate trucking, says the suit.
The Plaintiffs bring this action individually, on behalf of
similarly situated workers, and on behalf of proposed Rule 23
classes and an FLSA collective to recover compensatory, statutory,
and punitive damages; restitution and disgorgement; penalties;
attorneys' fees and costs; and injunctive and declaratory relief
necessary to halt ongoing harms and protect Plaintiffs and class
members.
Omega Compliance Solutions, LLC is a California limited liability
company with its principal place of business in El Cajon.[BN]
The Plaintiffs are represented by:
Karla Madrazo Villarreal, Esq.
MADRAZO VILLARREAL A.P.C.
910 Hale Place, Suite 207
Chula Vista, CA 91914
Telephone: (619) 591-8059
E-mail: karla@madrazolaw.com
ORACLE CORP: Fails to Safeguard Private Information, Vample Says
----------------------------------------------------------------
LASHA VAMPLE on her own behalf and all others similarly situated,
Plaintiff v. ORACLE CORPORATION and UNIVERSITY OF PENNSYLVANIA,
Defendants, Case No. 1:25-cv-2078 (W.D. Tex., December 18, 2025) is
a class action against the Defendants for failure to properly
secure and safeguard personal identifiable information ("PII" or
"Private Information") of potentially several hundred thousand
individuals, including, but not limited to, name, date of birth,
federal/state identification numbers, tax identification number,
social security number and/or financial account information, and
other information such as phone number, address, and email
address.
The complaint relates that on December 1, 2025, the Defendant
announced that on October 31, it discovered that a select group of
information systems related to its development and alumni
activities had been compromised. According to the Breach Notice,
the breach occurred in a third-party technology product, Oracle
EBS, a financial application used to process supplier payments,
reimbursements, general ledger entries, and to conduct other
University business.
The complaint alleges that the Plaintiff and Class members now face
a lifetime risk of (i) identity theft, which is heightened here by
the loss of Social Security numbers, and (ii) the sharing and
detrimental use of their sensitive information.
Plaintiff Lasha Vample is a resident and citizen of Pennsylvania
and is a Data Breach victim.
Defendant Oracle Corporation is multinational computer technology
company headquartered in Austin, Texas, with a principal office
located at 2300 Oracle Way Austin, Texas, 78741.
Defendant University of Pennsylvania is a Pennsylvania corporation
with a principal place of business at 3819 Chestnut Street, Suite
214, Philadelphia, Pennsylvania 19104.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Jessica W. Wilkes, Esq.
FEDERMAN & SHERWOOD
4131 N. Central Expressway, Ste. 900
Dallas, TX 75204
Telephone: (800) 237-1277
E-mail: wbf@federmanlaw.com
E-mail: jaw@federmanlaw.com
- and -
Marc H. Edelson, Esq.
Liberato P. Verderame, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: 267-685-0676
E-mail: medelson@edelson-law.com
lverderame@edelson-law.com
OSHKOSH CORP: Ann Arbor City Sues Over Fire Truck Price-Fixing
--------------------------------------------------------------
CITY OF ANN ARBOR, individually and on behalf of all others
similarly situated, Plaintiff v. OSHKOSH CORPORATION, PIERCE
MANUFACTURING, INC., REV GROUP, INC., ROSENBAUER AMERICA LLC, and
FIRE APPARATUS MANUFACTURERS' ASSOCIATION, Defendants, Case No.
25-cv-1973 (E.D. Wis., December 16, 2025) seeks treble damages,
injunctive relief, and other relief pursuant to the Sherman
Antitrust Act for the Defendants' alleged anticompetitive conduct.
From at least January 1, 2016 to the present, herein referred to as
the "relevant time period," the Defendants have conspired,
colluded, and entered into an agreement to artificially suppress
supply and raise the price of fire trucks in the United States.
The victims of Defendants' conspiracy are fire departments,
municipalities, and entities that purchased fire trucks during the
relevant time period which are collectively referred to as "Class
Members." As a result of the Defendants' unlawful conduct, the
Plaintiff and Class Members paid artificially inflated prices for
fire trucks during the relevant time period. Such prices exceeded
the amount they would have paid in a competitive market, says the
suit.
Oshkosh Corporation designs, manufactures, develops and markets an
array of engineered specialty vehicles and essential
equipment.[BN]
The Plaintiff is represented by:
Guri Ademi, Esq.
Shpetim Ademi, Esq.
John D. Blythin, Esq.
ADEMI & FRUCHTER LLP
3620 E. Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: jblythin@ademilaw.com
- and -
Paul F. Novak, Esq.
Milena Lai, Esq.
Casey Thal Verville, Esq.
WEITZ & LUXENBERG P.C.
Fisher Building
3011 West Grand Blvd., 24th Floor
Detroit, MI 48202
Telephone: (313) 800-4170
Facsimile: (646) 293-7992
E-mail: pnovak@weitzlux.com
mlai@weitzlux.com
cverville@weitzlux.com
UNITED AIRLINES: Mismanaged Retirement Acct. Plan, Dolan Says
-------------------------------------------------------------
THOMAS M. DOLAN, individually and on behalf of all others similarly
situated, Plaintiff v. UNITED AIRLINES, INC., THE BOARD OF
DIRECTORS OF UNITED AIRLINES, INC., THE ADMINISTRATIVE COMMITTEE,
THE INVESTMENT COMMITTEE, THE VENDOR SELECTION AND OVERSIGHT
COMMITTEE, and JOHN DOES 1-40, Defendants, Case No. 1:25-cv-15232
(N.D. Ill., December 16, 2025) is a class action pursuant to the
Employee Retirement Income Security Act of 1974 against the United
Airlines Pilot Retirement Account Plan's fiduciaries, which include
United Airlines, the Board of Directors of United during the Class
Period and its members, the Plan's Administrative Committee and its
members, the Plan's Investment Committee and its members, and the
Vendor Selection and Oversight Committee and its members for
breaches of their fiduciary duties during the Class Period.
The Plaintiff alleges that during the Class Period, Defendants, as
"fiduciaries" of the Plan, as that term is defined under ERISA,
breached the fiduciary duties they owed to the Plan, to Plaintiff,
and to the other participants of the Plan by, inter alia, (1)
maintaining certain funds in the Large Cap Fund in the Plan despite
the funds' consistent underperformance when compared to the
relevant benchmark; and (2) failing to monitor the Committees to
ensure that it was adequately performing its fiduciary
obligations.
The Defendants' mismanagement of the Plan, to the detriment of
participants and beneficiaries, constitutes a breach of the
fiduciary duty of prudence. Their actions were contrary to actions
of a reasonable fiduciary and cost the Plan and its participants
millions of dollars, alleges the suit.
Plaintiff Dolan participated in the Plan by investing in the Large
Cap Fund during his employment.
United Airlines, Inc. provides domestic and international airline
services.[BN]
The Plaintiff is represented by:
Carl Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN
& HERZ LLC
111 West Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
- and -
Matthew M. Guiney, Esq.
Benjamin Y. Kaufman, Esq.
Patrick Donovan, Esq.
Rourke C. Donahue, Esq.
WOLF HALDENSTEIN ADLER FREEMAN
& HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
E-mail: guiney@whafh.com
kaufman@whafh.com
donovan@whafh.com
donahue@whafh.com
- and -
Don Bivens, Esq.
Albert Plawinski, Esq.
DON BIVENS, PLLC
15169 N. Scottsdale Rd., Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
albert@donbivens.com
UNIVERSITY OF PENNSYLVANIA: Court Consolidates Data Breach Suits
----------------------------------------------------------------
In the consolidated cases captioned as Christopher F. Kelly, Mary
Sikora, Christian Bersani, Kelli Mackey, Wendy Braund, Johnathan
Kim, Rebecca Lundy, Robin Washington Smart, Neil Gade, Jason
Rosenbaum, Matthew Lachs, Ryan O'Hara, Jason Hughes Ransom, Sharon
Keld, Monique Lukens, Adam Korengold, Thomas Bucks, Ronald Blue,
Jr., and Ronell Conner, individually and on behalf of all others
similarly situated, Plaintiffs, v. University of Pennsylvania and
The Trustees of the University of Pennsylvania, Defendant, Master
Docket No. 2:25-cv-6234-MKC (E.D. Pa.), Judge Mary Kay Costello of
the United States District Court for the Eastern District of
Pennsylvania granted the Plaintiff's Motion to Consolidate Cases
and Set Deadlines.
On December 18, 2025, the Court consolidated 20 separate class
action lawsuits filed against the University of Pennsylvania. The
Court ordered that the consolidated matters shall be consolidated
under the docket number of the first-filed case, No.
2:25-cv-6234-MKC (Kelly). The Clerk of Court was directed to
administratively terminate the remaining 19 cases including Sikora
(Civ. No. 25-6262), Bersani (Civ. No. 25-6265), Mackey (Civ. No.
25-6266), Braund (Civ. No. 25-6291), Kim (Civ. No. 25-6320), Lundy
(Civ. No. 25-6330), Smart (Civ. No. 25-6333), Gade (Civ. No.
25-6343), Rosenbaum (Civ. No. 25-6357), Lachs (Civ. No. 25-6388),
O'Hara (Civ. No. 25-6408), Hughes Ransom (Civ. No. 25-6438), Keld
(Civ. No. 25-6799), Lukens (Civ. No. 25-6826), Korengold (Civ. No.
25-6864), Bucks (Civ. No. 25-6902), and Blue (Civ. No. 25-7108).
The case arises from the Defendant's failure to properly secure
and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
network systems following a data breach on or around October 31,
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.
The Court established specific deadlines for the consolidated
proceeding. Any Plaintiffs' counsel seeking to serve as interim
class counsel must file a motion by January 19, 2026, with
applications limited to 10 pages excluding exhibits. The
Defendant's response is due by February 9, 2026. The Plaintiffs
must file an operative, consolidated class action complaint within
30 days of the Court's order designating interim lead class
counsel.
The Court relieved the Defendant from responding to any of the
complaints initially filed in the consolidated actions. The
Defendant shall answer, move or otherwise respond to the
consolidated class action complaint within 60 days of filing. The
Court further ordered that any action subsequently filed in,
transferred to, or removed to the Court that arises out of the same
or similar operative facts shall be consolidated with the
consolidated action for pre-trial purposes.
A copy of the Court's decision dated 19th December is available at
https://urlcurt.com/u?l=msZwlO from PacerMonitor.com
WAYNE HALFWAY: Walker Sues Over WARN Act Violation
--------------------------------------------------
Hynryetta Walker, on behalf of herself and others similarly
situated, Plaintiff v. Wayne Halfway House, Inc., Defendant, Case
No. 3:25-cv-01455 (M.D. Tenn., December 16, 2025) is a class action
against the Defendant for failing to give timely written notice of
a mass layoff, in violation of the Worker Adjustment and Retraining
Notification Act ("WARN Act").
According to the complaint, Defendant abruptly terminated at least
144 employees, including Plaintiff, unilaterally and without proper
notice to employees or staff from a facility in Tampa, Florida. The
Defendant did not provide proper WARN Act Notice, 60 days in
advance even though it planned to abolish, terminate, and/or layoff
at least 50 employees and 33% of the employees employed at the
Facilities.
The complaint alleges that by failing to provide its affected
employees who were temporarily or permanently terminated with
proper WARN Act Notices and other benefits, the Defendant acted
willfully and cannot establish that they had any reasonable grounds
or basis for believing their actions were not in violation of the
WARN Act. The Plaintiff and other similarly situated employees
should have received the full protection afforded by the WARN Act.
Plaintiff Hynryetta Walker was employed full time, by Defendant for
seven months at the time of termination.
Defendant Wayne Halfway House is a Tennessee Corporation that is
registered to conduct business at 942 Andrew Jackson Drive,
Waynesboro, TN 38485.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: 615/254-8801
Facsimile: 615/255-5419
E-mail: gstranch@stranchlaw.com
- and -
Lynn A. Toops, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
Asbestos Litigation
ASBESTOS UPDATE: J&J Ordered to Pay $1.56BB to Cancer Victim
------------------------------------------------------------
Johnson & Johnson was ordered to pay about $1.56 billion to a
Maryland woman who blamed the company's talc-based baby powder for
causing her asbestos-linked cancer, the largest such jury verdict
for an individual in 15 years of litigation.
Jurors in state court in Baltimore late Monday concluded that J&J,
two of its units and spinoff Kenvue were liable for failing to warn
Cherie Craft that its baby powder was tainted with asbestos, which
researchers have linked to mesothelioma, a form of cancer. J&J
officials say the parent company is responsible for covering the
entire verdict since it agreed to indemnify Kenvue for all baby
powder liabilities.
The verdict comes as J&J has been pummeled by a recent spate of
baby powder verdicts after it failed this year to use bankruptcy
court to force a settlement of more than 70,000 lawsuits accusing
the company of hiding the product's cancer risks. The Maryland
verdict eclipses a $966 million damage award in October to the
family of a California woman who died of mesothelioma after using
J&J’s talc-based baby powder for most of her life.
J&J steadfastly maintains talc doesn't cause cancer and there's
never been any asbestos in the product. The company also contends
it has appropriately marketed its baby powder for more than 100
years.
ASBESTOS UPDATE: Stephan Co. Files Ch. 11 to Create Trust Fund
--------------------------------------------------------------
Devin Golden, writing for mesotheliomaguide.com, reports that The
Stephan Company has filed Chapter 11 bankruptcy, hoping to
reorganize debt, and likely will need to create an asbestos trust
fund to pay victims in the future.
The company, which was founded in 1897, is a premier distributor of
barber, beauty and personal care items. The grooming and personal
care company claims to be the first professional men's hair care
company in the United States.
The distributor, which is based in Tampa, Florida, is using a
Chapter 11 bankruptcy to restructure debt. It plans to continue
operating under court supervision. According to the Tampa Bay
Business Journal, the bankruptcy is tied to ongoing mesothelioma
lawsuits. Filing for bankruptcy can halt lawsuits and protect the
company from needing to settle cases individually – or be subject
to verdicts.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2026. All rights reserved. ISSN 1525-2272.
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