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C L A S S A C T I O N R E P O R T E R
Thursday, January 29, 2026, Vol. 28, No. 21
Headlines
AEROPRES CORP: Agrees to Settle Antifungal Spray Suit for $4.85MM
ALLEGIANT TRAVEL: M&A Probes Proposed Merger With Sun Country
APPLE INC: Campaigner Files GBP1.5-Bil. Class Suit Over Apple Pay
BAYSIDE NY HOMES: Agrees to Settle TCPA Class Action for $400,000
BETTERMENT LLC: Fails to Protect Personal Info, McElwee Says
BHG FINANCIAL: ClassAction.org Investigates Data Breach Claims
BOTTLES ON 26TH: Faces Jones Suit Over Unpaid Minimum Wages
CAPITAL ONE: McNichols Sues Over Deceptive Cash-Back Program
CAPITAL ONE: PayPal Wins Bid to Seal Confidential Docs in "Hoard"
CARE OF EXCELLENT: Underpays Direct Support Staff, Hickman Says
CENTENE CORPORATION: Underpays Call Center Workers, McClure Alleges
CHRISTIANACARE: Faces Class Action Suit Over Patients' Data Breach
COSMEDICA SKINCARE: Website Inaccessible to the Blind, Jackson Says
DATAMAXX APPLIED: Agrees to Settle 2023 Data Breach Class Suit
DELOITTE CONSULTING: Faces Suit Over 2024 RIBridges Data Breach
DISTRICT OF COLUMBIA: Court Certifies Student Transportation Class
DOT FOODS: Fails to Safeguard Personal Info, Hunt Suit Says
EQT CORP: Fails to Pay Fair Share of Oil Proceeds, Morris Says
FLOCK GROUP: Hellerman Balks at Unlawful Sharing of Private Data
FYZICAL ACQUISITION: Kunsman Balks at Unprotected Personal Info
GILEAD SCIENCES: Court Denies "Searcy" Class Certification Bid
GOLDEN BROTHERS: Krivenko Seeks to Recover Unpaid Overtime Wages
HOME DEPOT: Wins Bid to Dismiss "Simmons" Damage Protection Suit
HSN INC: Faces Kramer Suit Over Blind-Inaccessible Website
INSINKERATOR LLC: Faces Class Suit Over Badger Garbage Disposals
JOHNSON & JOHNSON: Special Master Addresses 702 Daubert Motions
JPMORGAN CHASE: Jones Sues Over Unfair Health Insurance Surcharges
K G PUMPING: Faces Lliviganay Wage-and-Hour Suit in E.D.N.Y.
LENS.COM: Court Allows Partial Sealing of Evidence in "Martin"
MANOLO BLAHNIK: Jackson Seeks Equal Website Access for the Blind
MC JAMES MORTGAGE: Uses Robocalls to Push Loan Offers, Suit Says
MDL 3035: Wade Seeks Reconsideration of Class Cert Order
MONROE UNIVERSITY: Fails to Protect Private Info, Hernandez Says
MONROE UNIVERSITY: Fails to Secure Private Info, Ryan Alleges
MONTCLAIR STATE UNIV: Kubicka Files Gender Discrimination Suit
PEPSICO INC: Lee Files Suit Over Inflated Soft Drink Prices
PHYSICIAN'S MEDICAL: Fails to Protect Personal info, Matthews Says
PRESTIGE CONSUMER: Knowles Sues Over Blind-Inaccessible Website
SCIPLAY CORP: Faces Herman Suit Over Illegal Gambling Scheme
SERVICE EXPERTS: Johnson Sues Over Deceptive In-Home Sales Tactics
SKIN GYM: Jackson Seeks Equal Website Access for Blind Users
STATE FARM: Settles Structural Damage Class Action Suit for $25MM
UNITED STATES: Hussen Sues Over Immigration Status Based-Arrests
US ECOLOGY: Agrees to Settle Poletown East Class Suit for $1.56MM
VITALANT: LaFrence Sues Over Unlawful Telemarketing Calls
ZEUS NETWORKS: Discloses Personal Info to 3rd Parties, Hokes Says
*********
AEROPRES CORP: Agrees to Settle Antifungal Spray Suit for $4.85MM
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Top Class Actions reports that Bayer agreed to pay $4.85 million to
resolve claims that Lotrimin and Tinactin antifungal sprays were
contaminated with benzene, a known carcinogen.
The Bayer settlement benefits consumers who purchased Lotrimin and
Tinactin antifungal spray products that were subject to Bayer's
October 2021 recall. This includes all Lotrimin and Tinactin spray
products with lot numbers beginning with TN, CV or NAA, distributed
between September 2018 and September 2021.
Products covered by the settlement include:
-- Lotrimin Anti-Fungal Athlete's Foot Powder Spray
-- Lotrimin Anti-Fungal Jock Itch Powder Spray
-- Lotrimin Anti-Fungal Athlete's Foot Deodorant Powder Spray
-- Lotrimin AF Athlete's Foot Liquid Spray
-- Lotrimin AF Athlete's Foot Daily Prevention Deodorant Powder
Spray
-- Tinactin Jock Itch Powder Spray
-- Tinactin Athlete's Foot Deodorant Powder Spray
-- Tinactin Athlete's Foot Powder Spray
-- Tinactin Athlete's Foot Liquid Spray
According to the class action lawsuit, Lotrimin and Tinactin
antifungal sprays were contaminated with benzene, a known
carcinogen. The presence of benzene in these products allegedly
violated state laws and consumer protection statutes.
Bayer is a healthcare and agriculture company that sells a variety
of products under different brands, including Lotrimin and Tinactin
sprays.
Bayer has not admitted any wrongdoing but agreed to a $4.85 million
class action settlement to resolve these allegations.
Under the terms of the Bayer settlement, class members can receive
a cash payment based on the number of products they purchased and
whether they provide proof of purchase.
With proof of purchase, class members can receive a full refund for
the products they purchased. Without proof of purchase, class
members can receive $7 per product purchased, with a maximum of
three products per household. Payments may be reduced on a pro rata
basis depending on the number of claims filed.
Class members who participated in Bayer's recall program may have
their settlement payment reduced by the amount they received
through the recall program. However, class members who received
three payments under the recall program may be eligible for one
no-proof-of-purchase payment.
The deadline for exclusion and objection is March 11, 2026.
The final approval hearing for the antifungal spray settlement is
scheduled for May 13, 2026.
To receive a settlement payment, class members must submit a valid
claim form by March 11, 2026.
Who's Eligible
Consumers who purchased a Lotrimin or Tinactin product covered by
Bayer's October 2021 recall, or products purchased from September
2018 to October 2021.
Potential Award
Up to $21
Proof of Purchase
Proof of purchase showing the class member's actual purchase during
the class period of one or more Bayer products (not required for
minimum payments of $7 per product)
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
03/11/2026
Case Name
Huertas, et al. v. Aeropres Corp., et al., Case No.
2:21-cv-20021-SRC-CLW, in the U.S. District Court for the District
of New Jersey
Final Hearing
05/13/2026
Settlement Website
AntifungalSpraySettlement.com
Claims Administrator
Antifungal Spray Settlement Administrator
c/o Rust Consulting Inc. - 9111
PO Box 2661
Faribault, MN 55021-9661
info@antifungalspraysettlement.com
(877) 434-3068
Class Counsel
Steven L. Bloch
SILVER GOLUB & TEITELL LLP
Max S. Roberts
BURSOR & FISHER P.A.
Timothy J. Peter
FARUQI & FARUQI LLP
Defense Counsel
Andrew Soukup
COVINGTON & BURLING LLP
Chad Layton
GOLDBERG SEGALLA
Robert Baratta
SMITH, GAMBRELL & RUSSELL, LLP
Timothy Ray
HOLLAND & KNIGHT, LLC
Adam Jagadich
MAREN MARVEL BRADLEY ANDERSON & TARDY LLC [GN]
ALLEGIANT TRAVEL: M&A Probes Proposed Merger With Sun Country
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Class Action Attorney Juan Monteverde with Monteverde & Associates
PC, a law firm headquartered at the Empire State Building in New
York City, is investigating:
-- Allegiant Travel Company (NASDAQ: ALGT) related to its merger
with Sun Country Airlines Holdings, Inc. Upon completion of the
proposed transaction, Allegiant shareholders will own approximately
67% of the combined company.
Visit link for more information
https://monteverdelaw.com/case/allegiant-travel-company/. It is
free and there is no cost or obligation to you.
-- Sun Country Airlines Holdings, Inc. (NASDAQ: SNCY) related to
its sale to Allegiant Travel Company. Under the terms of the
proposed transaction, Sun Country shareholders are expected to
receive 0.1557 shares of Allegiant common stock and $4.10 in cash
for each Sun Country share.
Visit link for more information
https://monteverdelaw.com/case/sun-country-airlines-holdings-inc/.
It is free and there is no cost or obligation to you.
-- Calavo Growers, Inc. (NASDAQ: CVGW) related to its merger with
Mission Produce, Inc. Under the terms of the proposed transaction,
Calavo shareholders are expected to receive 0.9790 shares of
Mission Produce common stock and $14.85 in cash for each share of
Calavo common stock.
Visit link for more information
https://monteverdelaw.com/case/calavo-growers-inc/. It is free and
there is no cost or obligation to you.
-- Mission Produce, Inc. (NASDAQ: AVO) related to its merger with
Calavo Growers, Inc. Under the terms of the proposed transaction,
Calavo shareholders are expected to receive 0.9790 shares of
Mission Produce common stock and $14.85 in cash for each share of
Calavo common stock.
Visit link for more info
https://monteverdelaw.com/case/mission-produce-inc/. It is free and
there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders . . .
and we do it from our offices in the Empire State Building. We are
a national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in the above listed company and have concerns or wish to
obtain additional information free of charge, please visit our
website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
Tel: (212) 971-1341
jmonteverde@monteverdelaw.com[GN]
APPLE INC: Campaigner Files GBP1.5-Bil. Class Suit Over Apple Pay
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The Guardian reports that the financial campaigner James Daley has
launched a GBP1.5bn class action lawsuit against Apple over its
mobile phone wallet, claiming the US tech company blocked
competition and charged hidden fees that ultimately harmed 50
million UK consumers.
The lawsuit takes aim at Apple Pay, which they say has been the
only contactless payment service available for iPhone users in
Britain over the past decade.
Daley, who is the founder of the advocacy group Fairer Finance,
claims this situation amounted to anti-competitive behaviour and
allowed Apple to charge hidden fees, ultimately pushing up costs
for banks that passed charges on to consumers, regardless of
whether they owned an iPhone.
It is the first UK legal challenge to the company's conduct in
relation to Apple Pay, and takes place months after regulators like
the Competition and Markets Authority and the Payments Systems
Regulator began scrutinising the tech industry's digital wallet
services.
The case has been filed with the Competition Appeal Tribunal, which
will now decide whether the class action case can move forward.
Daley said: "People will have no idea they've been paying more for
everyday banking because of the way Apple has operated Apple Pay.
"By shutting out competition and charging hidden fees, Apple has
pushed up costs for millions of consumers. Shockingly, this doesn't
just affect Apple Pay users or iPhone owners. Banks have passed
these costs on to all customers, meaning everyone is paying the
price."
Apple said in a statement that the lawsuit was "misguided and
should be dismissed", adding: "Apple Pay is a seamless and secure
way for users to make contactless payments, and one of many payment
options available to consumers. Apple does not charge fees to
consumers or merchants for using Apple Pay, and banks see
meaningful benefits from offering Apple Pay to their customers -
most notably fraud reduction."
The company said it had recently added tech capabilities, including
near-field technology (NFC) and secure element (SE) application
interfaces, which give third-party developers a way to enable
contactless transactions from their own apps, including in the UK.
"We will continue to ensure that UK customers have access to the
payment options of their choice in a safe and secure environment."
Daley's lawsuit alleges that Apple refused to give other app
developers and outside businesses access to the contactless payment
technology on its iPhones, which meant it could charge banks and
card issuers fees on Apple Pay transactions that his lawyers say
"are not in line with industry practice".
The lawsuit notes that similar fees are not charged on equivalent
payments on Android devices, which are built by Google.
It says that the additional costs were borne by UK consumers,
having been passed on through charges on a range of personal
banking products ranging from current accounts, credit cards, to
savings and mortgages.
The lawsuit says that about 98% of consumers are exposed to banks
that listed cards on Apple Pay, meaning the vast majority of the UK
population may have been affected.
While the case may only result in an average GBP26 payout for
consumers, Daley said: "I'm bringing this claim because consumers
have been treated unfairly, and I want to help them get back what
they're owed. It's also important that big firms like Apple are
held to account for this kind of anti-competitive behaviour.
"The way it has run Apple Pay has quietly increased banking costs
for consumers over many years. I want to put a stop to that - and
secure compensation for the millions of people who have been
affected."
An incredible self-own . . .
... in 1936, John Scott, son of the late Guardian owner and
legendary editor CP Scott, did something unheard of for a media
heir: he gave up his stake for the greater good.
After inheriting the newspaper, Scott renounced all financial
benefit -- bar his salary -- in the Guardian (worth GBP1m at the
time and around GBP62m today) and passed ownership over to the
newly formed Scott Trust. The Trust would evolve to have one key
mission: to secure the financial and editorial independence of the
Guardian in perpetuity.
That means the Guardian can't be bought. Not by private equity, not
by a conglomerate, and definitely not by a billionaire looking for
a political mouthpiece.
Our independence means we can say what we want, report on who we
want, challenge who we want, and stand up at a time when others are
sitting down.
But this unique model also means we depend on readers like you from
the Philippines to help fund our work. If you would rather the news
you read was the result of decisions made by journalists and
editors, not shareholders or ultra-wealthy tech bros, then we
invite you to join our community of supporters. [GN]
BAYSIDE NY HOMES: Agrees to Settle TCPA Class Action for $400,000
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Olivia DeRicco of ClassAction.org reports that Keller Williams
Realty Landmark has agreed to pay $400,000 to settle a class action
lawsuit alleging the real estate company sent unsolicited
telemarketing texts to phone numbers on the National Do Not Call
Registry in violation of the Telephone Consumer Protection Act
(TCPA).
The Keller Williams class action settlement received preliminary
court approval on December 15, 2025, and covers all individuals
associated with any of the 1,019 phone numbers connected to the
litigation that were registered on the National Do Not Call
registry for at least 30 days, and to which Deirde Folan sent more
than one text message on behalf of Keller Williams within any 12
months between June 24, 2020 and December 15, 2025.
The court-approved website for the Keller Williams TCPA settlement
can be found at RealtyTCPASettlement.com.
According to the website, Keller Williams settlement class members
who submit a timely, valid claim form are eligible to receive a
one-time, pro-rated cash payment from the net settlement fund after
any approved service awards, attorneys’ fees and settlement
administration expenses have been paid. The settlement agreement
notes that each Keller Williams class member may file one claim per
telephone number associated with the settlement to receive
benefits.
To submit a Keller Williams settlement claim form online, class
members can visit this page and enter the notice ID and
confirmation code listed on their copy of the settlement notice.
Alternatively, class members can download a PDF of the claim form
from the settlement site to print, complete, and return by mail to
the address of the settlement administrator.
All Keller Williams settlement claim forms must be submitted online
or postmarked by March 16, 2026.
A hearing to determine whether the court will grant final approval
to the Keller Williams settlement will be held on April 15, 2026.
Compensation will begin to be distributed to class members only
after final approval is granted and any appeals are resolved.
The Keller Williams class action lawsuit alleged that the realty
company sent to the phone numbers of consumers on the National Do
Not Call Registry unsolicited telemarketing text messages, in
violation of the federal Telephone Consumer Protection Act. [GN]
BETTERMENT LLC: Fails to Protect Personal Info, McElwee Says
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JARED MCELWEE, individually and on behalf of all others similarly
situated, Plaintiff v. BETTERMENT, LLC, Defendant, Case No.
1:26-cv-00393 (S.D.N.Y., January 15, 2026) is a class action
against Defendant for its failure to properly secure and safeguard
Plaintiff's personal and sensitive information that it collected,
including, without limitation, e-mail addresses, phone numbers,
physical addresses, dates of birth, and other financial
information.
As a condition of becoming a recipient of Defendant's services, the
Plaintiff was required to provide his personal information,
including, but not limited to, e-mail addresses, phone numbers,
physical addresses, dates of birth, and other financial
information.
According to the complaint, the personal information was
compromised due to Defendant's negligent and/or careless acts and
omissions and the failure to protect the personal information of
Plaintiff and Class Members. In addition to Defendant's failure to
prevent the data breach, after discovering the breach, the
Defendant delayed reporting the cyberbreach further harming
Plaintiff and Class Members.
As a result of this delayed response, the Plaintiff and Class
Members had no idea their personal information had been
compromised, and that they were, and continue to be, at significant
risk of identity theft and various other forms of personal, social,
and financial harm, says the suit.
Betterment, LLC provides financial advisory company that offers
digital investment, retirement, and cash management services to its
customers.[BN]
The Plaintiff is represented by:
Theodore Corless, Esq.
Kyle Mathew Hyman, Esq.
COHEN LAW GROUP
350 North Lake Destiny Road
Maitland, FL 32751
Telephone: (407) 478-4878
Facsimile: (407) 478-0204
E-mail: tcorless@itsaboutjustice.law
khyman@itsaboutjustice.law
BHG FINANCIAL: ClassAction.org Investigates Data Breach Claims
--------------------------------------------------------------
Attorneys working with ClassAction.org are looking into whether a
class action lawsuit can be filed in light of the BHG Financial
data breach.
As part of their investigation, they need to hear from individuals
who had their information exposed in the incident, including those
who received notice of the BHG Financial data breach or otherwise
believe they are affected.
BHG Financial Security Incident: What Happened?
On January 20, 2026, Bankers Healthcare Group, LLC, also known as
BHG Financial, reported a data breach to the Massachusetts Office
of Consumer Affairs and Business Regulation. While the sample BHG
Financial data breach notice letter provides little details on the
incident itself, it has been reported that financial account
information and Social Security numbers were exposed.
BHG Financial, which has headquarters in Fort Lauderdale, Florida;
Davie, Florida; and Syracuse, New York, offers financial solutions
for professionals, small businesses and institutions.
What You Can Do After the BHG Financial Data Breach
If your information was exposed in the BHG Financial data breach,
attorneys want to hear from you. You may be able to start a class
action lawsuit to recover compensation for loss of privacy, time
spent dealing with the breach, out-of-pocket costs, and more.
A successful case could also force BHG Financial to ensure they
take proper steps to protect the information they were entrusted
with. [GN]
BOTTLES ON 26TH: Faces Jones Suit Over Unpaid Minimum Wages
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TIFFANY JONES, on behalf of herself and other similarly-situated
tipped employees v. BOTTLES ON 26th, LLC d.b.a. "Banter Cleveland"
and MATTHEW J. STIPE, Defendants, Case No. 1:26-cv-00091 (N.D.
Ohio, January 14, 2026) arises from the Defendants' unlawful labor
policy in violation of the Fair Labor Standards Act and Ohio law.
According to the complaint, the Defendants systematically failed to
pay Plaintiff Tiffany Jones and other similarly-situated tipped
employees any direct hourly wages, choosing instead to pay them
"under the table" and rely solely on customer tips to subsidize
their payroll obligations.
The Defendants violated the federal and state laws by paying tipped
employees a direct cash wage of $0.00 per hour -- far below the
mandatory federal rate of $2.13 and the mandatory Ohio tipped rate
-- thereby forfeiting their right to claim a tip credit and
entitling Plaintiff and the Collective to the full minimum wage for
every hour worked, says the suit.
Plaintiff Jones was employed by the Defendants as a bartender from
approximately January 26, 2024 to July 11, 2024.
Bottles On 26th, LLC operates a bar and restaurant establishment in
Cleveland, Ohio.[BN]
The Plaintiff is represented by:
Chris Wido, Esq.
SPITZ, THE EMPLOYEE'S ATTORNEY
3 Summit Park Drive, Ste 200
Independence, OH 44131
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: Chris.Wido@Spitzlawfirm.com
CAPITAL ONE: McNichols Sues Over Deceptive Cash-Back Program
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ALAN B. MCNICHOLS, individually and on behalf of all others
similarly situated, Plaintiff v. CAPITAL ONE BANK, N.A.; CAPITAL
ONE SHOPPING HOLDINGS, LLC; and CAPITAL ONE FINANCIAL CORP.,
Defendant, Case No. 1:26-cv-00145 (E.D. Va., January 16, 2026) is a
class action against the Defendants for breach of contract; breach
of the covenant of good faith and fair dealing; breach of
quasi-contract and unjust enrichment; and violations of the
Virginia Consumer Protection Act and the Connecticut Unfair Trade
Practices Act.
The Plaintiff brings this case on behalf of himself and all other
participants in Defendants' "Capital One Offers" programs. Capital
One has maintained a cash-back rewards program for its credit
cardholders called "Capital One Offers" since at least 2022.
Through the program, holders of most Capital One credit cards, can
purportedly receive cash-back and statement credit by shopping at
designated retailers.
According to the complaint, Capital One regularly failed to provide
Cardholders with the Payout that they had been promised in the
Offer after the Cardholders made purchases in reliance on the
Offer. In one instance, Capital One did not provide the Payout it
had promised to Plaintiff pursuant to Offers for cashback on
purchases made through Zappos for 6% in December 2023 and for 3% in
September 2025.
Capital One's conduct caused Cardholders to lose millions of
dollars of Payouts as were promised under the Offers in the
aggregate since Offers program's inception, benefiting Capital One
at the expense of its customers, alleges the suit.
Capital One Bank, N.A. is a national bank with its principal place
of business McLean, Virginia.[BN]
The Plaintiff is represented by:
Matthew B. Kaplan, Esq.
THE KAPLAN LAW FIRM
1100 N Glebe Rd, Suite 1010
Arlington, VA 22201
Telephone: (703) 665-9529
E-mail: mbkaplan@thekaplanlawfirm.com
- and -
Carl L. Stine, Esq.
Philip M. Black, Esq.
Samuel Coffin, Esq.
WOLF POPPER LLP
845 Third Ave.
New York, NY 10022
Telephone: (212) 759-4600
E-mail: cstine@wolfpopper.com
pblack@wolfpopper.com
scoffin@wolfpopper.com
CAPITAL ONE: PayPal Wins Bid to Seal Confidential Docs in "Hoard"
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In the case captioned as Azlynne Hoard and Chiquita Plenty,
individually and on behalf of themselves and all others similarly
situated, Plaintiffs, v. Capital One, N.A., Defendant, Case No.
24-CV-1133 JLS (VET) (S.D. Cal.), Judge Janis L. Sammartino of the
United States District Court for the Southern District of
California granted PayPal Inc.'s Amended Motion to Intervene and
Application for Partial Reconsideration of Order Denying Motions to
File Documents Under Seal.
PayPal sought to file under seal portions of Plaintiffs' Motion for
Class Certification and accompanying exhibits and portions of
Defendant's Opposition and accompanying exhibits because the
documents contain PayPal's confidential business information. This
information relates to technical details pertaining to both the
front-end and back-end operation of the Venmo platform, internal
processing and coding of transactions occurring on the Venmo
platform, including transactions funded by credit cards, details of
PayPal's business relationship and communications with its vendors
and partners, Venmo's and PayPal's policies and procedures for
coding and processing financial transactions occurring on the Venmo
platform, changes to those policies and procedures, and the
business rationales for those policies, procedures, and changes,
financial transactions by PayPal users, and other aspects of
Venmo's and PayPal's business, operations, and strategy.
PayPal argued that public disclosure of this information would harm
PayPal because it could be leveraged by PayPal's competitors and
vendors to gain unfair advantages in emulating, competing against,
and negotiating with PayPal in the future. Furthermore, public
disclosure would harm PayPal's business relationships and erode
trust in PayPal's platforms.
Having independently reviewed the documents PayPal sought to seal,
the Court found the compelling reasons standard was met. As PayPal
contended, the documents contain sensitive and confidential
business information, and courts generally find it appropriate to
seal business information that might harm a litigant's competitive
standing. PayPal made a particularized showing as to the basis for
sealing each document. The Court found that the requests to seal
were narrowly tailored to the portions of the documents containing
confidential and sensitive business information. The Court also
previously granted leave to file similar information under seal.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=46HFxQ from PacerMonitor.com
Defendant Capital One, N.A. was represented By Andrew J. Soukup,
Ali Mojibi Yazdi,Marianne,Elizabeth Spencer
Plaintiff Azlynne Hoard was represented By Adam A.
Schwartzbaum,Jeffrey Douglas Kaliel, Scott Adam Edelsberg,Edwin
Eliu Elliott,Amanda Rosenberg, Sophia Goren Gold
CARE OF EXCELLENT: Underpays Direct Support Staff, Hickman Says
---------------------------------------------------------------
ASHLEY HICKMAN, on behalf of herself and all other similarly
situated, Plaintiff v. CARE OF EXCELLENT, CO. and ASHLEY JACOBS,
Defendants, Case No. 2:26-cv-00054-ALM-CMV (S.D. Ohio, January 15,
2026) arises from the Defendants' alleged unlawful labor practices
in violation of the Fair Labor Standards Act and the Ohio Minimum
Fair Wage Standards Act.
The complaint asserts that the Defendants maintained a policy and
practice of requiring Plaintiff and similarly situated employees to
work substantial overtime hours while failing to pay them the
statutory overtime premium of one and one-half times their regular
rate of pay.
Plaintiff Hickman was hired by the Defendants from August 2, 2024
to November 2024 as a direct service provider.
Care of Excellent, Co. provides home healthcare services which
maintains its principal place of business in Franklin County,
Ohio.[BN]
The Plaintiff is represented by:
Chris Wido, Esq.
SPITZ, THE EMPLOYEE'S ATTORNEY
25825 Science Park Drive, Suite 200
Beachwood, OH 44122
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: chris.wido@spitzlawfirm.com
CENTENE CORPORATION: Underpays Call Center Workers, McClure Alleges
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JERRI MCCLURE, individually and on behalf of others similarly
situated, Plaintiff v. CENTENE CORPORATION and CENTENE MANAGEMENT
COMPANY LLC, Defendants, Case No. 4:26-cv-00072 (E.D. Mo., January
16, 2026) is a class action against the Defendants brought pursuant
to the Fair Labor Standards Act and the Missouri Minimum Wage Law.
The Plaintiff brings this action under Federal Rule of Civil
Procedure 23, on behalf of herself, individually, and all
hourly-paid, non-exempt call center workers employed by Defendants
in Missouri, to recover unpaid wages, overtime wages, plus
interest, liquidated damages, and reasonable attorneys' fees and
costs under the said federal and state laws.
The Plaintiff was employed by Defendant Centene Corporation as an
hourly, non exempt call center employee from approximately November
1, 2022 through July 15, 2025. His job duties included working in
call center roles providing member services and customer support in
support of Defendants' health insurance operations.
Centene Corp. is a St. Louis, Missouri-based managed healthcare
entity that administers government-sponsored and commercial health
insurance plans to clients and customers.[BN]
The Plaintiff is represented by:
Eric Sands, Esq.
Nicholas Conlon, Esq.
Michael Rinderman, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) 582-5279
E-mail: eric.sands@jtblawgroup.com
nicholasconlon@jtblawgroup.com
michael.rinderman@jtblawgroup.com
CHRISTIANACARE: Faces Class Action Suit Over Patients' Data Breach
------------------------------------------------------------------
Nick Stonesifer of Spotlight Delaware reports that after a data
breach last year where an untold amount of patient information was
harvested and disclosed, ChristianaCare and one of its third-party
vendors are facing a class-action lawsuit claiming they acted
negligently and continue to "obfuscate" details of the breach.
The lawsuit was filed Dec. 17, 2025, weeks after a public
notification from ChristianaCare announcing the breach, by two
named plaintiffs, Chase Stout, a Newark resident, and Lisa Addi,
from North East, Md.
Cerner Corporation -- also known as Oracle Health -- a third-party
vendor hospitals use to store patient information and data, is also
named in the complaint.
The plaintiffs are seeking restitution, damages, and asking a judge
to prevent the hospital and Oracle from "further deceptive
practices and making untrue statements about the data breach and
the stolen sensitive information."
The class-action suit comes on the heels of a proposed legal
settlement between patients and another Delaware health system in
Kent County, Bayhealth, that would see the hospital set aside $2.5
million for patients impacted by a data breach in 2024, the News
Journal reported.
According to this latest lawsuit, the ChristianaCare data breach
occurred in January 2025. A November press release said Oracle had
notified the hospital in April that "an unauthorized third party"
had gained access to some of its legacy systems.
At the end of September, the hospital received a list from Oracle
of affected patients and the type of information that may have been
impacted in the breach, like Social Security numbers and medical
records, the press release said.
The press release from the hospital did not specify how many
patients were impacted, and the lawsuit claims that ChristianaCare
and Oracle "continue to obfuscate the details of the breach as well
as the nature of the breach."
Still, the hospital did not make its public announcement of the
breach until near the end of November.
"Due to intentionally obfuscating language and a lack of formal
notification, it is unclear how long it took defendants to discover
that they had been subject to a breach and how long cybercriminals
had unfettered access to plaintiffs' and the class's most sensitive
information," the complaint said.
Lawyers for the plaintiffs did not respond to a request for
comment. A spokesperson for ChristianaCare said the hospital does
not comment on pending litigation.
ChristianaCare did not answer questions from Spotlight Delaware
about how many patients were impacted, nor why it waited months to
tell the public about the breach.
In its November press release, the hospital said it had sent out
letters to patients that had been impacted offering "a
complimentary two-year membership to credit monitoring and/or minor
identity protection services."
Oracle also did not respond to a request for comment.
The plaintiffs alleged that Oracle has yet to send patients
notifications about their impacted data, and that the data breach
was preventable. They also claimed Oracle failed to properly secure
the data and prevent the leak of data.
"In other words, defendants' cyber and data security systems were
completely inadequate and allowed cybercriminals to obtain files
containing a treasure trove of thousands of its patients' highly
private sensitive information," the complaint said. [GN]
COSMEDICA SKINCARE: Website Inaccessible to the Blind, Jackson Says
-------------------------------------------------------------------
SYLINIA JACKSON, on behalf of herself and all other persons
similarly situated, Plaintiff v. COSMEDICA SKINCARE, Defendant,
Case No. 1:26-cv-00454 (S.D.N.Y., January 17, 2026) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://cosmedica-skincare.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
December 15, 2025, in an attempt to purchase an Instant Glow Kit
from Defendant and to view the information on the website, the
Plaintiff encountered multiple access barriers that denied her a
shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. She was unable to locate pricing
and was not able to add the item to the cart due to broken links,
pictures without alternate attributes and other barriers on
Defendant's website, the suit alleges.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Cosmedica Skincare operates the website that offers skincare
products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
DATAMAXX APPLIED: Agrees to Settle 2023 Data Breach Class Suit
--------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Datamaxx Applied
Technologies has agreed to a settlement to resolve a class action
lawsuit alleging that the legal technology solutions company failed
to properly secure the sensitive information stored on its systems,
resulting in a December 2023 data breach.
The Datamaxx Applied Technologies class action settlement received
preliminary court approval on December 22, 2025, and covers all
individuals in the United States whose private information was
accessed or acquired by an unauthorized third party as a result of
the December 2023 data breach. Per court documents, the private
information of approximately 61,985 individuals may have been
exposed during the data breach.
The court-approved website for the Datamaxx data breach settlement
can be found at DatamaxxSettlement.com.
According to the website, Datamaxx settlement class members who
submit a timely, valid claim form can choose one of two cash
payments.
The first, referred to in settlement documents as "Cash Payment A,"
provides a cash payment of up to $2,500 in reimbursement for
documented out-of-pocket losses originating from the data breach,
including those related to fraud, identity theft, credit reporting
fees, and cost to replace IDs. The settlement agreement notes that
claims for this reimbursement option must be accompanied by
supporting documentation prepared by a third party, such as
invoices or receipts.
The second option, referred to as "Cash Payment B" in court
documents, is an alternative one-time cash payment of approximately
$50. According to the settlement agreement, alternative cash
payments will be pro-rated based on the number of valid claims
received, and no proof is needed to receive the alternative cash
payout.
Class members may choose to receive their cash payout as an
electronic payment or a paper check, the agreement relays, and all
checks must be cashed within 120 days of issuance before
expiration.
In addition to any monetary benefits, the settlement site reports
that all Datamaxx class members are eligible to enroll in three
free years of one-bureau credit monitoring, which includes services
like dark web scanning, comprehensive public records monitoring,
and identity theft insurance. The settlement administrator will
email eligible class members activation codes for a credit
monitoring service within 60 days of final approval, the agreement
says.
To submit a Datamaxx settlement claim form online, class members
can head to this page and enter the unique ID and pin as found on
their copy of the settlement notice. Alternatively, class members
can download a PDF claim form from the settlement website to print,
complete, and return by mail to the settlement administrator.
All Datamaxx Applied Technologies settlement claim forms must be
submitted online or postmarked by April 6, 2026.
The court will determine whether to grant final approval to the
Datamaxx settlement at a hearing on April 20, 2026. Compensation
will begin to be distributed only after final approval has been
granted and any appeals have been resolved.
The Datamaxx Applied Technologies class action lawsuit alleged that
the company did not implement proper cybersecurity measures to
safeguard the private information stored on its networks, which led
to a data breach approximately between December 1, 2023 and
December 17, 2023. Per court documents, the information potentially
compromised during the data breach included names, Social Security
numbers, driver's license numbers, and medical information. [GN]
DELOITTE CONSULTING: Faces Suit Over 2024 RIBridges Data Breach
---------------------------------------------------------------
Alexander Castro of Rhode Island Current reports that slightly more
than 47,000 people have filed claims in a class action suit over
the 2024 RIBridges data breach, according to a court filing January
22, Thursday, from the court-appointed settlement administrator.
Kroll Settlement Administration, the national firm handling the
claims, sent postcards to 729,946 people whose personal information
was compromised by the breach of the state's public benefit and
health insurance portal. These class members could pursue one of
two reimbursements under the settlement terms. Those with
documented losses related to the breach could apply for up to
$5,000, while all class members were permitted a flat,
approximately $100 payment sans proof.
Class members could also submit claims for two years of medical
data monitoring in addition to whatever payout they chose.
The $100 estimated payment is subject to pro rata increase or
decrease, meaning the final amount is dependent in part on how many
people submitted a claim. The $6.3 million in the settlement fund
will be dispensed first to medical monitoring costs, then
documented loss payments and finally the flat payment recipients.
The settlement fund has other costs to absorb as well: up to $2.1
million can go toward attorney and legal fees, and the class
representatives -- the seven named plaintiffs in the lawsuit -- are
eligible for up to $2,500 each.
A Dec. 15 filing -- the plaintiffs' motion for final approval --
relayed additional details about what transpired between claim
forms going out in late November and last week's deadline to
submit.
The filing noted that Kroll used address tracing to re-mail notices
for some class members, and that the firm's expected success rate
in reaching affected people "far exceed[ed] the Federal Judicial
Center's standard of 70-95%."
As of Dec. 8, 2025, Kroll reported that it had received 15,522
claim forms. The company also received 399 calls to the toll-free
line, it reported a day later.
"Class Counsel are pleased with the current Settlement class
participation rate," the document reads. "With a month left before
the Claim Form Deadline, Class Counsel anticipate the number of
Claims will continue to increase."
From the Dec. 8 data to the Jan. 14 deadline, claims more than
tripled, rising roughly 204%.
Patrick M. Passarella, senior director at Kroll, reported in the
said filing that by the opt-out and objection deadline of Dec. 30,
there were no objections and 35 opt-outs. He also noted that the
response from 47,140 people, or 6.5% of the total amount of people
who received mailers, was significantly higher than what is
typically seen in data breach settlements.
The settlement is expected to receive final approval next Thursday,
on January 29, at U.S. District Court for the District of Rhode
Island in Providence.
An attorney for the plaintiffs did not respond to a request for
comment by press time January 22. [GN]
DISTRICT OF COLUMBIA: Court Certifies Student Transportation Class
------------------------------------------------------------------
In the case captioned as Crystal Robertson, on behalf of herself
and her minor child D.R.; Elizabeth Daggett, on behalf of herself
and her minor child H.D.; Joann McCray, on behalf of herself and
her minor child J.C.; Veronica Guerrero, on behalf of herself and
her minor child A.F.; Marcia Cannon-Clark and David Clark, on
behalf of themselves and their minor child B.R.C.; and The Arc of
the United States, Plaintiffs, v. District of Columbia, Defendant,
Civil Action No. 24-0656 (PLF) (D.D.C.), Judge Paul L. Friedman of
the United States District Court for the District of Columbia
granted class certification in a Memorandum Opinion and Order filed
January 16, 2026.
The named Plaintiffs are parents and guardians of students with
disabilities whose individualized education programs (IEPs) entitle
them to transportation services provided by the District of
Columbia Office of the State Superintendent of Education (OSSE).
They alleged that the District fails to provide adequate
transportation to and from school for children with disabilities,
thereby denying them the free appropriate public education (FAPE)
to which they are entitled by law. The Plaintiffs alleged that
OSSE's buses regularly arrive hours late to pick up students or
never arrive at all, often with no notice to families, and that the
buses lack the necessary equipment and staff to safely transport
students with disabilities.
As of January 31, 2024, there were 4,093 students with disabilities
receiving transportation services from OSSE on approximately 550
daily bus routes. The District employs a team of over 1,000 drivers
and attendants, using a fleet of around 650 OSSE-owned vehicles.
The Plaintiffs presented expert declarations, parent declarations,
and statistical analyses pointing to recurring, district-wide
failures in transportation services, including inadequate bus route
design, insufficient staffing and training, and inadequate
oversight.
The Court found that the Plaintiffs satisfied Rule 23(a)'s
numerosity requirement. Analysis of bus trip tickets from October
2024 showed that 303 students were assigned to bus routes that
arrived after the start of instruction at least once per week on
average, and 161 students were assigned to bus routes that arrived
after the start of instruction at least twice per week on average.
The Court rejected the District's argument that the proposed class
definition was impermissibly fail-safe, finding that membership in
the class could be determined without reaching the merits of
whether the District violated the IDEA or discrimination laws.
Regarding commonality, the Court found that the Plaintiffs
presented strong evidence of persistent problems with
transportation services. The Court identified common questions of
fact: does the District systematically fail to provide
transportation services to class members, and do the alleged
deficiencies deny class members the opportunity to benefit from
educational services equal to their non-disabled peers. The Court
also identified a common question of law: if the District is
systemically failing to provide transportation services, does that
failure deny students a FAPE under the IDEA. The Court
distinguished this case from Wal-Mart Stores, Inc. v. Dukes, noting
that unlike Title VII liability, IDEA liability does not depend on
the reason for a defendant's failure.
The Court found typicality satisfied because each class member's
claim arises from the same course of events that led to the claims
of the representative parties. The Court rejected the District's
argument that the named Plaintiffs could not represent the class
because they received individualized relief through administrative
hearings, noting that all five individual named Plaintiffs alleged
ongoing harms and that the hearing officer determinations did not
afford them the systemic relief they seek.
For adequacy, the Court found that the named Plaintiffs challenge
the same conduct and allege the same harms as putative class
members, with no antagonistic or conflicting interests. The Court
appointed counsel for the named Plaintiffs as class counsel
pursuant to Rule 23(g), finding them well-qualified based on their
experience in civil rights litigation, disability rights
litigation, and class actions.
Under Rule 23(b)(2), the Court found that the District's alleged
conduct is generally applicable to the class and that final
injunctive relief is appropriate respecting the class as a whole.
The Court explained that the Plaintiffs are not challenging
individualized determinations regarding personal IEPs, but rather
allege that the District's transportation system is plagued by
systemic deficiencies that deprive students of adequate
transportation in violation of federal and D.C. law.
The Court appointed Margaret Warner of McDermott Will & Emery LLP,
Kaitlin Banner of The Washington Lawyers' Committee for Civil
Rights and Urban Affairs, Katherine Zeisel of The Children's Law
Center, and Shira Wakschlag of The Arc of the United States as
class counsel.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=dNy1q3 from PacerMonitor.com
DISTRICT OF COLUMBIA Represented By:
Gregory Ketcham-Colwill -- gregory.ketcham-colwill@dc.gov -- Mateya
Beth Kelley -- mateya.kelley@dc.gov -- David R. Wasserstein --
david.wasserstein@dc.gov -- at Office Of The Attorney General For
The District Of Columbia
Movant FRIENDSHIP PUBLIC CHARTER SCHOOL Represented By Rebecca
Jarboe -- rjarboe@friendshipschools.org
Plaintiffs ARC OF THE UNITED STATES, MARCIA CANNON-CLARK, DAVID
CLARK, ELIZABETH DAGGETT, VERONICA GUERRERO, JOANN MCCRAY, CRYSTAL
ROBERTSON, Represented By:
Margaret Hanley Warner -- mwarner@mwe.com -- Theodore E. Alexander
-- talexander@mwe.com -- and Eugene I. Goldman -- egoldman@mwe.com
-- at Mcdermott Will & Emery LLP
Katherine Ilene Zeisel -- kzeisel@childrenslawcenter.org -- at
Children'S Law Center
Kaitlin Rose Banner -- kaitlin_banner@washlaw.org -- Margaret Hart
-- margaret_hart@washlaw.org -- Chelsea Sullivan --
chelsea_sullivan@washlaw.org -- at Wash.Lawyers' Cmte For Civil
Rights & Urb.Affairs and Washington Lawyers' Committee For Civil
Rights
Shira Wakschlag -- shira@thearc.org -- and Evan Monod --
monod@thearc.org -- at The Arc Of The United States, Inc.
DOT FOODS: Fails to Safeguard Personal Info, Hunt Suit Says
-----------------------------------------------------------
KENNY HUNT, on behalf of himself and all others similarly situated,
Plaintiff v. DOT FOODS, INC., AND DOT TRANSPORTATION, INC,
Defendants, Case No. 3:26-cv-03021-CRL-DJQ (C.D. Ill., January 16,
2026) is a civil action arising from Defendant's failure to
safeguard certain personally identifying information of Plaintiff
and other current and former employees, resulting in Defendant's
network systems being unauthorizedly accessed between December 3-4,
2025.
According to the complaint, the cybercriminals were able to breach
Defendant's systems because Defendant failed to adequately train
its employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class' private
information. In short, the Defendant's failures placed the Class'
private information in a vulnerable position -- rendering them easy
targets for cybercriminals, says the suit.
The Plaintiff is a current employee of Defendant and a data breach
victim.
Dot Foods, Inc. is an American food industry redistributor with its
principal place of business in Mt. Sterling, Illinois.[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago IL, 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: raina@straussborrelli.com
EQT CORP: Fails to Pay Fair Share of Oil Proceeds, Morris Says
--------------------------------------------------------------
SINA MORRIS, individually and on behalf of all others similarly
situated, Plaintiffs v. EQT CORPORATION, a Pennsylvania
Corporation, EQT PRODUCTION COMPANY, a Pennsylvania corporation,
and BOP ACQUISITION, LLC, a Pennsylvania limited liability company.
Defendants, Case No. 2:26-cv-00065 (W.D. Pa., January 13, 2026) is
a class action against the Defendants for engaging in a widespread
scheme to acquire oil and gas rights from mineral interest owners
while concealing that EQT already owed those owners proceeds from
production of those same mineral interests.
According to the complaint, the scheme essentially extinguished
EQT's obligation to pay those owners their fair share of proceeds,
and deceiving property owners into accepting purchase of their
property with their own money.
The Defendants conspired to profit from the breach of EQT's duties
as the operator of mineral interest properties by, without
limitation, attempting to: (1) extinguish EQT's obligations to pay
lessors and unleased cotenants their full respective share of oil
and gas production revenue; (2) acquire valuable mineral interest
properties at an unlawful discount by concealing and
misappropriating the proceeds owed to mineral interest owners; and
(3) utilize the withheld proceeds to obtain an unlawful and illegal
market advantage over other mineral interest purchasers, says the
suit.
The Plaintiff and Class Members own mineral interests in oil, gas,
and hydrocarbons in Pennsylvania, West Virginia, and Ohio.
EQT Corporation is a Pennsylvania corporation engaged in the
business of purchasing, selling, and developing oil, gas, and
hydrocarbon interests.[BN]
The Plaintiff is represented by:
Phillip C. Hook, Esq.
Joy D. Llaguno, Esq.
HOOK & HOOK PLLC
430 East Oakview Drive, Suite 101
Waynesburg, PA 15370
Telephone: (724) 824-3302
Facsimile: (724) 638-2186
E-mail: phook@hooklaw.com
jllaguno@hooklaw.com
FLOCK GROUP: Hellerman Balks at Unlawful Sharing of Private Data
----------------------------------------------------------------
JASON HELLERMAN, individually and on behalf of all others similarly
situated, Plaintiff v. FLOCK GROUP, INC. d/b/a Flock Safety,
Defendant, Case No. 2:26-cv-00515 (C.D. Cal., January 16, 2026)
arises from the Defendant's engagement in unlawful data sharing in
violation of the California Civil Code and California's Unfair
Competition Law.
Throughout California, drivers like Plaintiff are tracked by a
network of automated license plate recognition (ALPR) cameras and
software forming a vast, interconnected surveillance database. The
Defendant, whose customers are law enforcement agencies, is set to
provide a secure service enabling quick and comprehensive
investigations without unlawfully intruding on driver privacy.
According to the complaint, Flock easily could have implemented
policies to prevent California law enforcement agencies from
violating California enacted Senate Bill 34, a bill that permits
use of ALPR technology but placing clear limits on the capture,
use, storage, and sharing of ALPR data.
But Flock has instead knowingly permitted its law enforcement
clients to engage in unlawful information sharing. Flock has
repeatedly and publicly disclaimed any responsibility for
violations of SB 34, instead blaming California law enforcement
agencies for any violations. In so doing, Flock has ignored its
ability -- and duty -- not only to comply with SB 34 itself but
also to ensure its California law enforcement clients' compliance,
alleges the suit.
The Plaintiff and the Class claim that they have been harmed by
Flock's alleged conduct because their private and sensitive
personal information has been insufficiently protected and
improperly shared with federal agencies and out-of-state agencies
without notice or their consent.
Flock Group, Inc., d/b/a Flock Safety, manufactures automotive
safety equipment. The Company provides vehicle license plates, fast
and easy footage access, and crime-solving cameras. Flock Group
serves customers in the United States.[BN]
The Plaintiff is represented by:
Daniel L. Warshaw, Esq.
Matthew A. Pearson, Esq.
PEARSON WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Telephone: (818) 788-8300
Facsimile: (818) 788-8104
E-mail: dwarshaw@pwfirm.com
mapearson@pwfirm.com
- and -
Renner K. Walker, Esq.
Steven M. Nathan, Esq.
Gisela Rosa, Esq.
Jacob Leiken, Esq.
HAUSFELD LLP
33 Whitehall Street, 14th Floor
New York, NY 10004
Telephone: (646) 357-1100
Facsimile: (212) 202-4322
E-mail: rwalker@hausfeld.com
snathan@hausfeld.com
zrosa@hausfeld.com
jleiken@hausfeld.com
- and -
James J. Pizzirusso, Esq.
Ida Abhari, Esq.
HAUSFELD LLP
1201 17th Street NW, Suite 600
Washington, DC 20036
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
E-mail: jpizzirusso@hausfeld.com
iabhari@hausfeld.com
FYZICAL ACQUISITION: Kunsman Balks at Unprotected Personal Info
---------------------------------------------------------------
SHARON KUNSMAN, individually and on behalf of all others similarly
situated, Plaintiff v. FYZICAL ACQUISITION HOLDINGS, LLC,
Defendant, Case No. 8:26-cv-00125 (M.D. Fla., January 15, 2026) is
a class action brought by the Plaintiff, on behalf of all persons,
who entrusted Defendant with sensitive personally identifiable
information and protected health information that was impacted in a
data breach that Defendant publicly disclosed in December 2025.
The Plaintiff's claims arise from the Defendant's failure to
properly secure and safeguard private information that was
entrusted to it, and its accompanying responsibility to store and
transfer that information.
According to the complaint, the Defendant owed Plaintiff and Class
Members a duty to take all reasonable and necessary measures to
keep the private information collected safe and secure from
unauthorized access. The Defendant solicited, collected, used, and
derived a benefit from the private information, yet breached its
duty by failing to implement or maintain adequate security
practices, it adds.
The Plaintiff brings this action individually and on behalf of a
Nationwide Class of similarly situated individuals against
Defendant for: negligence; negligence per se; unjust enrichment,
and breach of implied contract.
Fyzical Acquisition Holdings LLC is the parent entity of Fyzical
Therapy & Balance Centers, a provider of physical therapy treatment
and programs.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
GILEAD SCIENCES: Court Denies "Searcy" Class Certification Bid
--------------------------------------------------------------
In the case captioned as Jonathan Searcy, on behalf of himself and
all others similarly situated, et al., Plaintiffs, v. Gilead
Sciences, Inc., Defendant, Case No. 4:20-cv-1523-MTS (E.D. Mo.),
Judge Matthew T. Schelp of the United States District Court for the
Eastern District of Missouri denied the Plaintiffs' Motion for
Class Certification on January 22, 2026.
The Court also ordered that Defendant's Motions to Exclude
Testimony are denied without prejudice. The Court finally ordered
that Plaintiffs' Conditional Motion for Remand is denied.
The Court concluded that class certification is not appropriate.
Plaintiffs Jonathan Searcy and Ervin Kirk, two HIV-positive men,
were prescribed and took medications manufactured by Gilead that
worked exactly as prescribed, effectively managing their HIV. The
medications did so safely; neither Plaintiff alleges that he
suffered any personal injury from taking them. Plaintiffs'
operative Complaint claims that they overpaid for Gilead's
medications based on its alleged misconduct. They sought to
represent a class of individuals who purchased the relevant
medications in Missouri.
Gilead owned the exclusive rights to tenofovir and developed two
prodrugs relevant to this action, tenofovir disoproxil fumarate
(TDF) and tenofovir alafenamide (TAF). Plaintiffs maintain that TAF
is safer and more effective than TDF. They allege that though
Gilead knew this to be true, it concealed TAF's allegedly superior
safety profile and deliberately delayed TAF's release to prolong
market share dominance through a patent-extension strategy. Gilead
then launched TAF around two years before TDF's patent expired,
which Plaintiffs allege allowed Gilead to convince patients to
switch from its patent-expiring TDF-based medications to TAF-based
medications.
Plaintiffs assert that when Gilead sold TDF-based medications as
the safest antiviral HIV drug known to it, Gilead violated the
Missouri Merchandising Practices Act and was unjustly enriched
under Missouri law. The Court previously denied Gilead's Motion to
Dismiss both claims against it.
The Court found that Plaintiffs' class definition includes
individuals who lack standing. The constitutional requirement of
standing is equally applicable to class actions. The Eighth Circuit
held that a class cannot be certified if it contains members who
lack standing. Evidence in the record shows that across all
prescriptions for TDF-containing medications filled at CVS
pharmacies in Missouri between January 1, 2010, and October 31,
2015, consumers paid nothing for approximately fifty-six percent of
these prescriptions.
The Court concluded that purchasers who paid nothing out of pocket
for medications that are worth something necessarily lack an
economic injury. In response to this problem, Plaintiffs argue that
even those who paid nothing or miniscule amounts still suffered an
Article III injury because Missouri law entitles them to benefit of
the bargain damages. But under Article III, an injury in law is not
an injury in fact. Therefore, the Court concluded that Plaintiffs
have not shown that each member of the proposed class would have
standing to assert an MMPA claim.
The Court explained that determining which members of the class had
an ascertainable loss is hopelessly individualized, and class
certification is therefore improper.
The Court found that Plaintiffs' unjust-enrichment claim fares no
better. The Eighth Circuit explained in Folgers that whether a
particular transaction might be considered inequitable or unjust
turns on the specific circumstances of each transaction, which
again places individual inquiries front and center.
The Court also found that Plaintiffs' damages model for calculating
class-wide benefit of the bargain damages does not pass muster.
Plaintiffs' model purports to calculate class-wide damages by
finding the difference between each TDF drug's artificially
inflated market value over the class period and each TDF drug's
true market value without Gilead's unlawful practices. The Court
agreed with Defendant that the way Plaintiffs calculate both
measures is fundamentally flawed.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=sBJBdX from PacerMonitor.com
Defendant Gilead Sciences, Inc. Represented By:
David Ryan Carpenter -- drcarpenter@sidley.com -- and Joshua E.
Anderson -- janderson@sidley.com -- at Sidley Austin LLP; and
Charles N. Insler -- cni@heplerbroom.com -- and Thomas J. Magee --
tm1@heplerbroom.com -- at Hepler Broom LLC
Plaintiff Darren Johnson Represented By Adam Matthew Evans --
aevans@breneslawgroup.com -- at Hollis Law Firm PA and
J. Toji Calabro -- tojicalabro@calabro-law.com -- at Calabro Law
Office
GOLDEN BROTHERS: Krivenko Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
JAMILA KRIVENKO, individually, and on behalf of others similarly
situated, Plaintiff v. GOLDEN BROTHERS, INC. (d/b/a GOLDEN
TECHNOLOGIES, INC.), a Pennsylvania corporation, Defendant, Case
No. 3:26-CV-00075-JFS (M.D. Pa., January 14, 2026) seeks to recover
unpaid overtime compensation, liquidated damages, attorney's fees,
costs, and other relief as appropriate under the Fair Labor
Standards Act.
Throughout Plaintiff's employment with Defendant, she and
Defendant's hourly employees earned bonus pay and other
non-discretionary remuneration. But Defendant failed to properly
calculate Plaintiff's remuneration into the regular rate for proper
overtime calculation.
The Plaintiff and other hourly employees were deprived by the
Defendant of full compensation for all overtime hours worked at a
rate of one and a half times their regular rate of pay for hours
worked in excess of 40 per week, says the suit.
The Plaintiff worked for the Defendant from July 1, 2023 through
November 7, 2025 as a non-exempt auditor.
Golden Brothers, Inc. focuses on the production of medical
equipment with headquarters in Old Forge, Pennsylvania.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
HOME DEPOT: Wins Bid to Dismiss "Simmons" Damage Protection Suit
----------------------------------------------------------------
In the case captioned as Randall Simmons, individually and on
behalf of others similarly situated, Plaintiff, v. Home Depot USA,
Inc., Defendant, Case No. 1:25-cv-2409-MLB (N.D. Ga.), Judge
Michael L. Brown of the United States District Court for the
Northern District of Georgia Atlanta Division granted Defendant
Home Depot USA, Inc.'s Motion to Dismiss.
On April 7, 2025, Plaintiff Randall Simmons reserved a tiller
online and declined damage protection. A couple of days later,
Plaintiff went to a Home Depot store in Pelham, Alabama to pick up
the tiller. At checkout, Plaintiff received the rental agreement,
and the first page listed Plaintiff's charges, including $8.85 for
damage protection. Plaintiff signed that page of the agreement.
Plaintiff claims Home Depot violated the rental agreement by
defaulting all customers to opting into damage protection despite
the contract making it clear that the damage protection is optional
and must be selected. Specifically, he contends Home Depot violated
Section 4(I)(b) of the contract because, under that section, for
[Plaintiff] to have been charged," he must have affirmatively
selected damage protection—and he did not.
Section 4(I)(b) of the agreement provides in pertinent part: Tool
damage protection is an optional service offered by The Home Depot
that, if selected, modifies this Agreement to relieve Renter of
repair charges, replacement charges or Administrative Charges if
the Equipment is damaged during normal use during the Rental
Period. Renter must accept or decline the Tool Damage Protection.
The Court agreed with Home Depot's interpretation of Section
4(I)(b). The plain, unambiguous terms of that section neither
require a customer to affirmatively select damage protection before
being charged for it nor prohibit Home Depot from designating it as
the default election. The Court found that Section 4(I)(b) just
requires that damage protection remain an optional service, and so
long as Home Depot provided customers with the ability to opt out
of damage protection, the charge was optional within the plain
meaning of that term.
The Court stated, "One can 'accept,' 'elect,' or 'select' a service
without taking any affirmative action." Further, the Court found no
textual support for Plaintiff's argument that Section 4(I)(b)
prohibits Home Depot from making damage protection the default
selection. The contract makes no mention of default settings and
the presence of a default does not change the optional nature of
the charge.
Regarding Plaintiff's online reservation, the Court held that
Plaintiff's elections during his online reservation were not part
of the agreement due to the merger clause. The agreement included a
merger clause which supersedes conduct that supposedly happened
online and before the parties signed the agreement.
The Court explained that in written contracts containing a merger
clause, prior or contemporaneous representations that contradict
the written contract cannot be used to vary the terms of a valid
written agreement purporting to contain the entire agreement of the
parties.
The Court concluded, Home Depot fulfilled its obligations under
Section 4(I)(b) by giving Plaintiff the option to decline damage
protection prior to consummating the agreement. He signed the
agreement with the damage protection charge in place—thus
signaling his selection or acceptance of the coverage—and cannot
object now that Home Depot wants to enforce the terms to which he
agreed.
The Court found Plaintiff fails to state a claim because no
possible relief can be granted under any construction of the
contract sued upon. Under its unambiguous terms, Home Depot did not
breach the agreement when it: (1) charged Plaintiff for damage
protection without an affirmative opt-in; (2) set damage protection
as a default election for customers; or (3) included damage
protection in Plaintiff's final agreement, despite his alleged
declination of that charge while reserving the tiller online.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=vk8fIQ from PacerMonitor.com
Defendant Home Depot USA, Inc., Represented By Sidney Stewart
Haskins, II -- shaskins@kslaw.com -- James Andrew Pratt --
apratt@kslaw.com -- Mandi Elizabeth Youngblood --
myoungblood@kslaw.com -- and Jonathan Kaufman -- jkaufman@kslaw.com
-- at King & Spalding Llp - Atl
Plaintiff Randall Simmons Represented By W. Lewis Garrison, Jr. --
wlgarrison@hgdlawfirm.com -- Heninger Garrison Davis, LLC; and
Taylor C. Bartlett -- taylor@bowlinelaw.com -- at Bowline Law
HSN INC: Faces Kramer Suit Over Blind-Inaccessible Website
----------------------------------------------------------
BETH KRAMER, on behalf of herself and all others similarly
situated, Plaintiff v. HSN, INC., Defendant, Case No. 1:26-cv-00367
(S.D.N.Y., January 15, 2026) alleges that Defendant's website,
www.hsn.com, contains widespread accessibility issues that
interfere with the ability of Plaintiff and other blind and
visually impaired users to navigate the site, understand product
information, and interact with essential features in violation of
the Americans with Disabilities Act, the New York State Human
Rights Law, the New York City Human Rights Law, and the New York
State Civil Rights Law.
On three separate occasions -- November 15, 2025, November 20,
2025, and December 10, 2025 -- Plaintiff Kramer attempted to use
the website using the screen reader, NVDA to browse and obtain
information about various skincare products sold through HSN's
online retail platform. These visits were part of her routine
efforts to research and purchase personal-care items that she uses
to manage her daily needs.
While attempting to access the products, the Plaintiff encountered
numerous accessibility barriers that prevented NVDA from reading or
interpreting essential content on the product pages. These barriers
included missing or placeholder alternative text on product images,
unlabeled interactive controls, broken links, empty URLs, and
pricing information that was not programmatically conveyed, says
the suit.
The alleged barriers affect the usability of the website for
individuals who depend on screen-reading technology and limit their
ability to participate in online retail on equal terms with sighted
consumers.
HSN, Inc. is a company headquartered in St. Petersburg, Florida,
and operates the website that retails skincare products.[BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: rschonfeld@employeejustice.com
INSINKERATOR LLC: Faces Class Suit Over Badger Garbage Disposals
----------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that a proposed class
action lawsuit alleges that InSinkErator has manufactured and sold
its Badger garbage disposals with galvanized steel that,
unbeknownst to consumers, is neither durable nor suitable for
long-term use due to corrosion.
The 111-page defective product lawsuit contends that although
InSinkErator has marketed its Badger Series garbage disposals as
durable and "built to last," the products are, in truth, made with
cheap materials susceptible to rust and premature failure. In
particular, the InSinkErator garbage disposals at issue—the
Badger Models 100 and 1XL in the Model 1 family, and 500 and 5XL in
the Model 5 family—are made with galvanized steel whose zinc
coating will begin to corrode "almost immediately once it is
installed and exposed to water," the complaint alleges.
The lawsuit accuses InSinkErator of deceiving consumers, who would
not have purchased the products or paid as much for them had they
known the truth about the items' materials.
The corrosion, the lawsuit continues, leads to the degradation of
the garbage disposal, which can ultimately harm its functionality
and efficiency and shorten the product's lifespan. Per the filing,
zinc corrosion can cause perforation or cracks within the metal
body of the garbage disposal, which, due to its location within a
sink, has reportedly been the source of leaking and water damage to
floors, cabinetry and other surrounding areas.
According to the complaint, several components of the Badger
disposals are made with galvanized steel that are prone to
corrosion, including the uniform energy factor, the rotating
shedder plate, and the stationary shedder ring.
"[D]espite the explicit representation that the Badgers' galvanized
steel materials were used in the design of the Badgers for
'Disposer Durability,' galvanized steel is an improper material for
use in a garbage disposal due to the galvanized steel's exposure to
a consistently wet environment full of debris during regular sink
and disposal use," the lawsuit summarizes.
The case further alleges that InSinkErator, which has been owned by
the Whirlpool Corporation since 2022, was aware of the fact that
galvanized steel is an ineffective material to be used for a
garbage disposal, yet has continued to advertise the products to
consumers as a corrosion-resistant, durable option. In fact, the
class action lawsuit cites the original design patent for garbage
disposals from John Hammes, who would go on to establish the
InSinkErator company in 1938, which "specifically calls for the use
of non-corrosive materials, such as aluminum."
Although the original InSinkErator design calls for the use of
non-corrosive materials, when the Badger models were unveiled in
the late 1980s, this specification was ignored in favor of cheaper
materials, like galvanized steel, the complaint relays.
Another significant issue arising from this design choice, the
lawsuit describes, is that consumers have no reasonable way to view
their garbage disposals or determine the source of any
complications. The case asserts that, should a consumer report
concerns of rusting or corrosion to InSinkErator, the company
states that it is merely "discoloration" or "cosmetic," and that
there is no need for concern.
"Thus, when consumers make warranty claims related to leaking, the
claims are responded to with entirely misleading information,
improperly denied, or consumers are sent or purchase another
defective Badger that has failed or is likely to fail again because
of the Defect," the lawsuit claims.
The InSinkErator class action lawsuit looks to represent all
consumers in the United States who either purchased a new
InSinkErator Badger model garbage disposal manufactured on or after
December 15, 2018 (or the earliest time permitted by the statute of
limitations period; acquired a Badger model as part of a purchase
of a new home or remodel; or received as a gift a new Badget model
from a donor not used by any other consumers. [GN]
JOHNSON & JOHNSON: Special Master Addresses 702 Daubert Motions
---------------------------------------------------------------
Special Master Hon. Freda L. Wolfson (ret.) of the United States
District Court for the District of New Jersey issued her report and
recommendation on multiple Daubert motions filed by the parties in
the multidistrict litigation styled IN RE: JOHNSON & JOHNSON TALCUM
POWDER PRODUCTS MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY
LITIGATION, MDL No. 2738 (D.N.J.)
This multidistrict litigation consists of thousands of lawsuits
filed by individual consumers, represented by the Plaintiffs'
Steering Committee, who claim that prolonged perineal use of
Johnson & Johnson's talcum powder products causes ovarian cancer.
As part of coordinated pretrial proceedings, Plaintiffs and the
moving defendants -- Johnson & Johnson and LLT Management, LLC, and
now known as Red River Talc, LLC -- have filed multiple Daubert
motions.
Pursuant to Federal Rule of Civil Procedure 53(a), the Court
appointed Hon. Freda L. Wolfson (ret.) as the Special Master for
the limited purpose of addressing the parties' Federal Rule of
Evidence 702 Daubert-related motions.
The parties filed a total of 17 motions challenging the
admissibility of expert testimony.
Starting in October 2016, the U.S. Judicial Panel on Multidistrict
Litigation ("JPML") began transferring all federal actions
involving talc-related ovarian cancer to the U.S. District Court
for the District of New Jersey for coordinated pretrial
proceedings. Since its inception, tens of thousands of cases have
been filed in the MDL. According to the JPML, as of January 5,
2026, this litigation has over 67,000 actions now pending, with
additional short form complaints filed on a daily basis, making
this the largest pending MDL in the United States by a significant
margin.
After years of discovery in this MDL, in 2019, the parties
proffered experts on various scientific issues related to general
causation and the testing of talcum powder for asbestos and other
contaminants. Each side moved to exclude the testimony of certain
of the other side's experts.
It is undisputed that Defendants used talc sourced from mines in
Italy, the United States (specifically, Vermont) and China for its
Johnson's Baby Powder and Shower to Shower products.
Daubert Motions
The parties have collectively filed a total of 17 Rule 702 motions,
which generally fall into four (sometimes overlapping) categories:
(1) general causation;
(2) contamination and testing;
(3) specific causation; and
(4) corporate knowledge, safety, regulatory compliance, and
marketing.
The parties seek to exclude, in whole or in part, the testimony of
at least 39 experts.
Specifically, Plaintiffs have filed the following nine motions:
1. Motion to Exclude the Geology Opinions of Drs. Mary Poulton
and Laura Webb (ECF No. 32996);
2. Motion to Exclude the Opinions of Dr. Kathleen Sutcliffe
(ECF No. 32998);
3. Motion to Exclude the Opinions of Drs. Michael Finan,
Cheryl Saenz, and Kevin Holcomb (ECF No. 32999);
4. Motion to Exclude the Opinions of Dr. Jennifer Permuth (ECF
No. 33001);
5. Motion to Exclude the Opinions of Drs. Juan Felix and Teri
Longacre (ECF No. 33002);
6. Motion to Exclude the Asbestos Testing Opinions of Matthew
S. Sanchez, Ph.D., Ann G. Wylie, Ph.D. and Shu-Chun Su, Ph.D. (ECF
No. 33006); 7. Motion to Exclude the Opinions of Dr. Analisa DiFeo
(ECF No. 33010);
8. Motion to Exclude the Opinions of Dr. John Kornak (ECF No.
33011); and
9. Motion to Exclude the Opinions of Defense Expert Witness
Dr. Jeff Boyd (ECF No. 33060).
Defendants have filed the following eight motions:
1. Motion to Exclude the Opinions of Drs. David Kessler, Laura
Plunkett, William Sage and George Newman (ECF No. 33000);
2. Motion to Exclude the Specific Causation Opinions Offered
by Dr. Judith Wolf (ECF No. 33003);
3. Motion to Exclude the Opinions of Dr. John Godleski (ECF
No. 33004);
4. Motion to Exclude Plaintiffs' Experts' Opinions Regarding
Alleged Heavy Metals and Fragrances in Johnson's Baby Powder and
Shower to Shower (ECF No. 33005);
5. Motion to Exclude the Opinions of Dr. Daniel Clarke-Pearson
(ECF No. 33007);
6. Motion to Exclude Plaintiffs' Experts' General Causation
Opinions (ECF No. 33008);
7. Motion to Exclude Plaintiffs' Experts' Asbestos-Related
Opinions (ECF No. 33012); and
8. Motion to Exclude Plaintiffs' Experts' Opinions Regarding
Biological Plausibility/Mechanism (ECF No. 33013).
After the bankruptcy stay terminated and this MDL resumed, the
parties urged, and the Court agreed, that the Rule 702 motions
should be decided in an expeditious manner so that the first
bellwether trial can be conducted in Carter Judkins v. Johnson &
Johnson, et al., No. 3:19-cv-12430-MAS-RLS.
The sum total of what Defendants seek to exclude is the Plaintiffs'
experts' opinions that asbestos can cause ovarian cancer.
The Special Master recommends that the Court grant in part and deny
in part Defendants' Motion to Exclude Plaintiffs' Experts' Opinions
Regarding Biological Plausibility/Mechanism. Plaintiffs' experts'
opinions regarding the plausibility of upward migration, as well as
the association between talcum powder and inflammation and
oxidative stress, and association between chronic inflammation and
oxidative stress and ovarian carcinogenesis, are largely admissible
by a preponderance of the evidence. She recommends that the Court
exclude Plaintiffs' experts' migration-via-inhalation theory and
macrophage-inhibition theory, as they respectively fail to satisfy
the preponderance standard under Rule 702 as amended.
Because Plaintiffs' experts failed to substantiate their opinions
on heavy metal, the Special Master recommends that the Court grant
Defendants' motion to exclude Plaintiffs' causation experts'
opinions that heavy metals contribute to the toxicity and/or
carcinogenicity of Defendants' products.
The Special Master finds that Defendants have established by a
preponderance of the evidence the admissibility of the
genetics-related general causation conclusions of Drs. Saenz,
Holcomb, Finan, DiFeo, and Permuth. At this stage, she is not
deciding the admissibility of these experts' genetics-related
specific causation opinions. Accordingly, she recommends that the
Court deny the portions of Plaintiffs' motions premised on the
inadmissibility of genetics-related general causation opinions, but
limit their opinions on unidentified genetic mutations,
yet-to-be-discovered genetic mutations, and/or VUS to being
possible, not inevitable, causes.
The Special Master recommends that the Court grant in part and deny
in part Plaintiffs' motion to exclude the expert testimony of Dr.
Boyd. She recommends that the Court deny Plaintiffs' motion to
exclude Dr. Poulton.
The Special Master recommends that the Court grant in part and deny
in part Defendants' Motion to Exclude the Opinions of Drs. Kessler,
Plunkett, Sage, and Newman.
A copy of the Court's Report and Recommendation dated January 22,
2026, is available at https://urlcurt.com/u?l=ZYU326
About J&J Talc Units
LLT Management, LLC (formerly known as LTL Management LLC) was a
subsidiary of Johnson & Johnson that was formed to manage and
defend thousands of talc-related claims and oversee the operations
of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue
streams, including royalty revenue streams based on third-party
sales of LACTAID, MYLANTA/MYLICON and ROGAINE products.
LTL Management first filed a petition for Chapter 11 protection
(Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the time
of the filing, the Debtor was estimated to have $1 billion to $10
billion in both assets and liabilities.
In the 2021 case, LTL Management tapped Jones Day and Rayburn
Cooper & Durham, P.A., as bankruptcy counsel; King & Spalding, LLP
and Shook, Hardy & Bacon LLP as special counsel; McCarter &
English, LLP as litigation consultant; Bates White, LLC as
financial consultant; and AlixPartners, LLP as restructuring
advisor. Epiq Corporate Restructuring, LLC, served as the claims
agent.
On Dec. 24, 2021, the U.S. Trustee for Regions 3 and 9
reconstituted the talc claimants' committee and appointed two
separate committees: (i) the official committee of talc claimants
I, which represents ovarian cancer claimants, and (ii) the official
committee of talc claimants II, which represents mesothelioma
claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
Re-Filing of Chapter 11 Petition
On Jan. 30, 2023, a panel of the Third Circuit issued an opinion
directing this Court to dismiss the 2021 Chapter 11 Case on the
basis that it was not filed in good faith. Although the Third
Circuit panel recognized that the Debtor "inherited massive
liabilities" and faced "thousands" of future claims, it concluded
that the Debtor was not in financial distress before the filing.
On March 22, 2023, the Third Circuit entered an order denying the
Debtor's petition for rehearing. The Third Circuit entered an order
denying LTL's stay motion on March 31, 2023, and, on the dame day,
issued its mandate directing the Bankruptcy Court to dismiss the
2021 Chapter 11 Case.
The Bankruptcy Court entered an order dismissing the 2021 Case on
April 4, 2023.
Johnson & Johnson on April 4, 2023, announced that its subsidiary
LTL Management LLC (LTL) has re-filed for voluntary Chapter 11
bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain
approval of a reorganization plan that will equitably and
efficiently resolve all claims arising from cosmetic talc
litigation against the Company and its affiliates in North
America.
In the new filing, J&J said it has agreed to contribute up to a
present value of $8.9 billion, payable over 25 years, to resolve
all the current and future talc claims, which is an increase of
$6.9 billion over the $2 billion previously committed in connection
with LTL's initial bankruptcy filing in October 2021. LTL also has
secured commitments from over 60,000 current claimants to support a
global resolution on these terms.
In August 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton,
New Jersey, ruled that the second bankruptcy case should be
dismissed.
3rd Try
In May 2024, J&J announced its subsidiary LLT Management LLC is
soliciting support for a consensual prepackaged bankruptcy plan to
resolve its talc-related liabilities. Under the terms of the plan,
a trust would be funded with over $5.4 billion in the first three
years and more than $8 billion over the course of 25 years, which
J&J calculates to have a net present value of $6.475 billion.
Claimants must cast their vote to accept or reject the Plan by 4:00
p.m. (Central Time) on July 26, 2024. A solicitation package may be
requested at www.OfficialTalcClaims.com or by calling
1-888-431-4056. If the Plan is accepted by at least 75% of voters,
a bankruptcy may be filed under the case name In re: Red River Talc
LLC in a bankruptcy court in Texas or in the bankruptcy court of
another jurisdiction. Epiq Corporate Restructuring, LLC is serving
as balloting and solicitation agent for LLT.
On Sept. 20, 2024, Red River Talc LLC filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-90505).
Porter Hedges LLP and Jones Day serve as counsel in the new Chapter
11 case. Epiq is the claims agent.
Paul Hastings LLP is counsel to the Ad Hoc Committee of Supporting
Counsel. Randi S. Ellis is the proposed prepetition legal
representative of future claimants.
JPMORGAN CHASE: Jones Sues Over Unfair Health Insurance Surcharges
------------------------------------------------------------------
ASHIA JONES on behalf of herself and all others similarly situated,
Plaintiff v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and JPMORGAN
CHASE U.S. BENEFITS EXECUTIVE, Defendants, Case No. 2:26-cv-00513
(D.N.J., January 15, 2026) challenges Defendants' unlawful practice
of charging a "tobacco surcharge" under the JPMorgan Chase Health
and Wellness Centers Plan in a manner that violates the Employee
Retirement Income Security Act of 1974 and the implementing
regulations.
The Plaintiff was an employee of JPMorgan who paid the unlawful
tobacco surcharge to maintain health insurance coverage under the
Plan. The Plaintiff asserts that the surcharge imposed an
additional financial burden on her and continues to impose such a
burden on those similarly situated.
The complaint alleges that JPMorgan imposed discriminatory and
punitive health insurance surcharges on employees who use tobacco
products. The Defendants' Plan imposes an $80 monthly tobacco
surcharge through payroll deductions while failing to operate a
compliant wellness program under ERISA. The Plan does not clearly
or consistently establish a reasonable alternative standard that
informs participants of all available avenues to avoid the
surcharge Defendants impose the surcharge on employees and covered
spouses who are classified as tobacco users, locks that status in
for the entire plan year, and limits relief to prospective plan
years only.
The Defendants also fail to disclose in all Plan materials that
participants may qualify for the reward through a
physician-directed alternative, fail to ensure that participants
who complete the alternative standard receive the full reward for
the Plan year, and retain surcharge amounts collected even after
participants satisfy the alternative standard, says the suit.
JPMorgan Chase Bank, N.A. is a national banking association
chartered under the laws of the United States.[BN]
The Plaintiff is represented by:
Jack Spitz, Esq.
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
8 Campus Drive, Suite 105 PMB#161
Parsippany, NJ 07054
Telephone: (212) 532-1091
E-mail: jspitz@sirillp.com
ofaircloth@sirillp.com
K G PUMPING: Faces Lliviganay Wage-and-Hour Suit in E.D.N.Y.
------------------------------------------------------------
Roberto Lliviganay, on behalf of himself and all other persons
similarly situated, Plaintiff v. K G Pumping Corp. d/b/a KG
Concrete Pumping and Kevin Gonsalez Garcia, Defendants, Case No.
1:26-cv-00221 (E.D.N.Y., January 15, 2026) is a class action
brought by the Plaintiff against the Defendants for alleged
unlawful labor practices in violation of the Fair Labor Standards
Act, the New York Labor Law, and the Wage Theft Prevention Act.
The Plaintiff complains that he is entitled to recover from
Defendants: (i) back wages for unpaid overtime premium for overtime
work which Defendants willfully failed to pay; (ii) liquidated
damages for these violations; and (iii) statutory damages for the
Defendants' violations of the Wage Theft Prevention Act, having
caused Plaintiff financial harm.
Plaintiff Lliviganay was employed by the Defendants as a driver and
heavy machinery operator from approximately October 2022 until
October 25, 2025, driving trucks and operating concrete pumping
equipment.
K G Pumping Corp., d/b/a KG Concrete Pumping, owns and operates a
concrete pumping and heavy machinery services business with a place
of business in New York.[BN]
The Plaintiff is represented by:
Andrew D. Beresin, Esq.
Michael Samuel, Esq.
THE SAMUEL LAW FIRM
1441 Broadway, Suite 6085
New York, NY 10018
Telephone: (212) 563-9884
E-mail: michael@thesamuellawfirm.com
LENS.COM: Court Allows Partial Sealing of Evidence in "Martin"
--------------------------------------------------------------
In the case captioned as Rickey Martin v. Lens.com, Inc., CASE NO.
0:24-cv-60489, Judge DAVID S.LEIBOWITZ of the United States
District Court for the Southern District of Florida addressed
Plaintiff's Unopposed Motion for Leave to File Exhibit Under Seal.
Plaintiff sought to redact information from a publicly filed Reply
memorandum and seal an expert report, consistent with the court's
prior sealing order covering seven categories of confidential
materials including discovery responses, deposition transcripts,
financial statements, pricing algorithms/source code, and business
agreements.
The Court granted the motion in part on January 12, 2026. Plaintiff
was permitted to file previously ordered sealed exhibits in support
of his reply memorandum under seal. However, the Court denied
Plaintiff's request to seal the entire expert report of Steven
Heffner, which analyzed the sealed pricing algorithm/source code.
Instead, Plaintiff may only redact "highly-confidential"
information from the publicly filed version of the report. The
Court ordered Plaintiff to provide an unredacted hard copy of Mr.
Heffner's expert report to Chambers for in camera review by January
19, 2026.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=c7MNmM from PacerMonitor.com
Plaintiff Rickey Martin Represented By Joshua Adam Migdal --
josh@markmigdal.com -- at Mark, Migdal & Hayden; Courtney Cooper
Gipson -- cgipson@mtattorneys.com -- James Matthew Stephens --
mstephens@mtattorneys.com -- Robert G. Methvin, Jr. --
rgm@mtattorneys.com -- at Methvin, Terrell, Yancey, Stephens &
Miller, P.C.; and Matthew Herman at Meyers & Flowers LLC
Defendant Lens.com, Inc. Represented By James W Lee --
jlee@bsfllp.com -- and Laselve Elijah Harrison --
lharrison@bsfllp.com -- at Boies, Schiller , Flexner LLP; and Mark
M. Bettilyon -- mark.bettilyon@tnw.com -- Jed H. Hansen --
hansen@tnw.com -- and Joseph M. Harmer -- joseph.harmer@tnw.com --
at Thorpe North & Western LLP
MANOLO BLAHNIK: Jackson Seeks Equal Website Access for the Blind
----------------------------------------------------------------
SYLINIA JACKSON, on behalf of herself and all other persons
similarly situated, Plaintiff v. MANOLO BLAHNIK AMERICAS LLC,
Defendant, Case No. 1:26-cv-00455 (S.D.N.Y., January 17, 2026) is a
civil rights action against the Defendant for its failure to
design, construct, maintain, and operate its interactive website,
https://www.manoloblahnik.com/us, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
December 9, 2025, in an attempt to purchase Black Kitten Pointed
Heels from Defendant and to view the information on the website,
the Plaintiff encountered multiple access barriers that denied her
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. She was unable to locate pricing
and was not able to add the item to the cart due to broken links,
pictures without alternate attributes and other barriers on
Defendant's website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Manolo Blahnik Americas LLC operates the website that retails shoes
and accessories.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
MC JAMES MORTGAGE: Uses Robocalls to Push Loan Offers, Suit Says
----------------------------------------------------------------
Tez Romero, writing for MPA, reports that a mortgage lender is
accused of using robocalls to push loan offers without permission,
landing the company in federal court this month.
Mc James Mortgage Corp, doing business as Liberty Financial, is
facing a proposed class action in California federal court after a
consumer alleged the company used prerecorded voice messages to
market its loan products without consent. The case, filed on
January 16, 2026, puts a spotlight on a marketing tactic that
continues to expose mortgage lenders to legal and financial risk.
The lawsuit centers on David Torres, an Illinois resident who says
he received more than one prerecorded call on his cell phone on May
22, 2025. According to court filings, the calls came from two
different phone numbers and played the same message, with a voice
identifying himself as "Eric" from "the liberty group" pitching a
loan offer that had supposedly been mailed to Torres. The message
described it as "a good opportunity to get the cash you need to
stay ahead with all the changes."
Torres says he never gave the company permission to contact him,
and that he could easily tell the calls were prerecorded because
the voice sounded "generic."
The case has been brought under the Telephone Consumer Protection
Act, the federal law that restricts telemarketing calls using
artificial or prerecorded voices. Under the statute, companies that
make such calls without prior consent can face damages of $500 per
call, or as much as $1,500 per call if a court finds the violation
was willful or knowing.
The lawsuit seeks class certification on behalf of anyone in the
United States who received similar prerecorded calls from the
company over the past four years. Court documents estimate that at
least 50 people were contacted without consent, which means
potential liability could climb quickly if the case moves forward.
Beyond damages, the lawsuit also asks for an injunction to stop the
company from making such calls in the future.
No determination has been made on the merits of the case, and the
allegations remain untested in court.
Still, the lawsuit serves as a timely reminder for mortgage lenders
about the risks tied to outbound marketing campaigns. The TCPA's
per-call damages structure can turn a routine calling operation
into a multimillion-dollar exposure when claims are aggregated
across a class. Consent documentation and dialing practices are
areas where even small missteps can prove costly.
The case also highlights a broader enforcement reality. Court
filings note that while the Federal Communications Commission
levied over $200 million in penalties against robocallers between
2015 and 2018, it collected less than $7,000. That gap has made
private lawsuits like this one the main avenue for holding
companies accountable under the law. [GN]
MDL 3035: Wade Seeks Reconsideration of Class Cert Order
--------------------------------------------------------
In the class action lawsuit captioned as Wade, et al v. Newport
Group, Inc., et al., Case No. 1:22-cv-01126 (W.D. Tenn.), the
Plaintiffs ask the Court to enter an order reconsidering the
limited portions of the Class Certification Order.
Specifically, the Plaintiffs request that the Court reconsider:
1. Whether the damages model offered by the Plaintiffs' experts,
Martin Dirks and Harris Devor, satisfies Rule 23(b)(3)
predominance and Comcast's "fit" requirement as to three
specific, discrete breaches of fiduciary duty by the
Defendants Dr. Jerome V. Harris and Robert Eaton; and
2. Whether classwide damages for certain of the
non-civil-conspiracy claims may be measured through common,
transaction-specific, non-expert methodologies independent of
the Dirks/Devor model, such that those claims likewise
satisfy predominance under Rule 23(b)(3).
The Plaintiffs do not seek reconsideration of the Court's rulings
concerning commonality, nor of the Court’s determination that
common questions predominate with respect to Plaintiffs’ civil
conspiracy claim.
Reconsideration is appropriate to correct clear error and to
prevent manifest injustice and granting this limited relief will
not delay trial or prejudice any party. Any additional class notice
necessitated by reconsideration can be accomplished efficiently
through a supplemental notice process well in advance of trial.
The Wade suit is consolidated in AME Church Employee Retirement
Fund Litigation (MDL 3035). The MDL 3035 concerns the mismanagement
of the African Methodist Episcopal (AME) Church's pension funds,
with court documents like transfer orders, opinions, and orders
available as PDFs on government sites like GovInfo and court
portals for case details.
Newport operates as retirement services firm.
A copy of the Plaintiffs' motion dated Jan. 12, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OwRc5S at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew E. Lee, Esq.
LEE SEGUI PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (855) 496-7500
E-mail: mlee@leesegui.com
- and -
Gregorio A. Francis, Esq.
OSBORNE & FRANCIS
LAW FIRM, PLLC
2707 E. Jefferson Street
Orlando, FL 32803
Telephone: (561) 293-2600
Facsimile: (561) 923-8100
E-mail: gfrancis@realtoughlawyers.com
- and -
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS
& GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
- and -
Susan L. Meter, Esq.
KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: (818) 886-2525
Facsimile: (818) 350-6274
E-mail: smeter@kantorlaw.net
- and -
Kenneth S. Byrd, Esq.
LIEFF CABRASER
HEIMANN & BERNSTEIN, LLP
222 2nd Ave S
Nashville, TN 37210
Telephone: (615) 313-9000
Facsimile: (615) 313-9965
E-mail: kbyrd@lchb.com
- and -
Dhamian Blue, Esq.
BLUE LLP
Raleigh, NC 27602
Telephone: (919) 833-1931
Facsimile: (919) 833-8009
E-mail: dab@bluellp.com
- and -
Richard Schulte, Esq.
WRIGHT & SCHULTE LLC
865 S. Dixie Dr.
Vandalia, OH 45377
Telephone: (937) 435-9999
Facsimile: (937) 435-7511
E-mail: rschulte@yourlegalhelp.com
- and -
Julie Nepveu, Esq.
AARP FOUNDATION
601 E Street, NW
Washington, DC 20049
Telephone: (202) 434-2075
Facsimile: (202) 434-6424
E-mail: jnepveu@aarp.org
MONROE UNIVERSITY: Fails to Protect Private Info, Hernandez Says
----------------------------------------------------------------
TERRY TERESITA HERNANDEZ Plaintiff v. MONROE UNIVERSITY, LTD.,
Defendant, Case No. 1:26-cv-00631 (S.D.N.Y., January 23, 2026) is a
class action against the Defendant for its failure to use
reasonable measures to protect Class Members' personally
identifiable information ("PII") and protected health information
("PHI") (collectively, the "Private Information").
The class action arises out of the recent data security incident
and data breach that was perpetrated against Defendant Monroe,
which held in its possession certain PII and PHI of Plaintiff and
other current and former students and applicants of Defendant, the
putative class members ("Class"). The Data Breach occurred between
December 9 and December 23, 2024 when cybercriminals perpetrated
the attack.
Today, the identities of Plaintiff and Class Members have been
compromised--all because of Defendant's negligence. The Plaintiff
and Class Members now suffer from a present and continuing risk of
harm, including fraud and identity theft, and must now constantly
monitor their financial accounts, says the suit.
Through this action, the Plaintiff seeks remedies including, but
not limited to, compensatory damages, treble damages, punitive
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.
Plaintiff Teresita Hernandez is a resident and citizen of the State
of New York.
Defendant Monroe University is a New York-based entity incorporated
in New York that provides higher education for residents of many
states. Defendant's principal place of business is 2501 Jerome
Ave., Bronx, New York 10468.[BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Ronald Podolny, Esq.
Ryan J. McGee, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: JYanchunis@forthepeople.com
Ronald.Podolny@forthepeople.com
rmcgee@forthepeople.com
MONROE UNIVERSITY: Fails to Secure Private Info, Ryan Alleges
-------------------------------------------------------------
JENNIFER RYAN, on behalf of himself and all others similarly
situated, Plaintiff vs. MONROE UNIVERSITY, LTD., Defendant, Case
No. 1:26-cv-00370 (S.D.N.Y., January 15, 2026) is a class action
against the Defendant for its failure to properly secure and
safeguard the personally identifiable information that it collected
and maintained as part of its regular business practices, including
Plaintiffs and Class Members' name, date of birth, Social Security,
number, driver's license number, passport number, government
identification number, medical information, health insurance
information, electronic account or email username and password,
financial account information, and/or student data ("Private
Information").
The complaint relates that the customers are required to entrust
Defendant with sensitive, non-public Private Information as a
condition of receiving goods and/or services. Defendant retains
this information for at least many years and even after the company
relationship has ended. By obtaining, collecting, using, and
deriving a benefit from the Private Information of Plaintiff and
Class Members, Defendant assumed legal and equitable duties to
those individuals to protect and safeguard that information from
unauthorized access and intrusion.
According to the complaint, the Defendant failed to adequately
protect Plaintiff's and Class Members' Private Information--and
failed to even encrypt or redact this highly sensitive information.
This unencrypted, unredacted Private Information was compromised
due to Defendant's negligent and/or careless acts and omissions and
its utter failure to protect Plaintiff's and Class Members'
sensitive data. Hackers targeted and obtained Plaintiff's and Class
Members' Private Information because of its value in exploiting and
stealing the identities of Plaintiff and Class Members. The present
and continuing risk of identity theft and fraud to victims of the
Data Breach will remain for their respective lifetimes.
The complaint alleges that in breaching its duties to properly
safeguard Plaintiff's and Class Members' Private Information and
give them timely, adequate notice of the Data Breach's occurrence,
the Defendant's conduct amounts to negligence and/or recklessness
and violates federal and state statutes. The Plaintiff and Class
Members have suffered injury as a result of Defendant's conduct.
These injuries include: (i) invasion of privacy; (ii) theft of
their Private Information; (iii) lost or diminished value of
Private Information; (iv) lost time and opportunity costs
associated with attempting to mitigate the actual consequences of
the Data Breach; (v) loss of benefit of the bargain; (vi) lost
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; (vii) actual misuse of the
compromised data consisting of an increase in spam calls, texts,
and/or emails; (viii) nominal damages; and (ix) the continued and
certainly increased risk to their Private Information.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of himself and all similarly situated
persons whose personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendant's
inadequate data security practices.
Plaintiff Jennifer Ryan is a resident and citizen of Connecticut
and a former student of Defendant.
Defendant Monroe University, Ltd. is a for-profit institution of
higher education.[BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE First Avenue, Suite 705
Miami, FL 33132
Telephone: 305-479-2299
E-mail: ashamis@shamisgentile.com
lloginov@shamisgentile.com
- and -
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
468 N. Camden Drive Suite 200
Beverly Hills, CA 90210
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
MONTCLAIR STATE UNIV: Kubicka Files Gender Discrimination Suit
--------------------------------------------------------------
ANITA KUBICKA, on behalf of herself and all others similarly
situated, Plaintiff v. MONTCLAIR STATE UNIVERSITY, JONATHAN
KOPPELL, President of Montclair State University, individually and
in his official capacity, DAVID L. VERNON, Vice President of Human
Resources of Montclair State University, individually and in his
official capacity, and CARLY HAMILTON, Assistant Vice President,
Employee and Labor Relations of Montclair State University,
individually, and in her official capacity, Defendants, Case No.
2:26-cv-00441-ES-JBC (D.N.J., January 14, 2026) is an action
brought against the Defendants pursuant to Title VII of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972,
the Due Process Clause of the Fourteenth Amendment, the New Jersey
Constitution, and applicable New Jersey state law.
The complaint arises from Defendants' gender discrimination and
deprivation of Plaintiff's federal and state constitutional,
statutory and common-law rights, resulting in a hostile work
environment, wrongful termination and long-term damage to her
college coaching career.
Plaintiff Kubicka also alleges that Defendants have retaliated
against her assertion of gender discrimination by refusing to
conduct a fair, neutral and effective investigation despite known
risks that gender stereotypes and socialization influenced the
information used to justify her suspension and termination.
Before MSU suspended her as of April 13, 2023, Plaintiff Kubicka
had been an athletic coach at MSU for 33 years -- most recently as
the multiple award-winning Head Coach of Softball since 1990.
Montclair State University is a New Jersey state-owned public
institution of higher education whose athletic teams participate in
the NCAA Division III - New Jersey Athletic Conference. Jonathan
Koppell is the University president.[BN]
The Plaintiff is represented by:
Stephen L. Dreyfuss, Esq.
HELLRING LINDEMAN GOLDSTEIN & SIEGAL LLP
103 Eisenhower Parkway, Suite 403
Roseland, NJ 07068-1031
Telephone: (973) 621-9020
Facsimile: (973) 621-7406
E-mail: sldreyfuss@hlgslaw.com
- and -
Thomas Newkirk, Esq.
Myles Young, Esq.
NEWKIRK ZWAGERMAN, P.L.C.
3900 Ingersoll Ave, Suite 201
Des Moines, IA 50312
Telephone: (515) 883-2000
Facsimile: (515) 883-2000
E-mail: tnewkirk@newkirklaw.com
myoung@newkirklaw.com
PEPSICO INC: Lee Files Suit Over Inflated Soft Drink Prices
-----------------------------------------------------------
CASSIDY LEE, CARLA LOWN, FREDERICK ROZO, and GALINA WIND, on behalf
of themselves and all others similarly situated, Plaintiffs v.
PEPSICO, INC.; and WALMART INC., Defendants, Case No. 7:26-cv-00329
(S.D.N.Y., January 14, 2026) challenges an agreement between Pepsi
and Walmart to inflate and maintain wholesale and retail prices for
Pepsi's bottled soft drinks above competitive levels.
According to the complaint, since at least 2018, Pepsi and Walmart
have coordinated to suppress wholesale and retail competition for
Pepsi soft drinks so that both companies can charge higher-than
competitive prices.
This alleged scheme has two components: First, Pepsi agreed to
police retail prices at Walmart's competitors, and to require
retailers of Pepsi soft drinks to charge their retail customers no
less than Walmart's retail prices for Pepsi soft drinks. By
preventing retail price competition for Pepsi soft drinks through
these mechanisms, Pepsi enabled Walmart to charge supracompetitive
retail prices while still claiming the lowest retail prices in the
market.
Second, in return for Pepsi's actions to shut down retail price
competition and protect Walmart's "price leadership," Walmart
agreed to accept inflated wholesale prices from Pepsi. Absent
Pepsi's actions to shut down retail price competition, Walmart
would have required Pepsi to lower its wholesale prices so that
Walmart could compete with lower market retail prices while
maintaining the same or similar profit margins, says the suit.
As a result of the scheme, the Plaintiffs and other consumers paid
inflated prices for Pepsi soft drinks. The Plaintiffs bring this
action against Defendants for injunctive relief under Section 1 of
the Sherman Act, and for treble damages under the antitrust laws
and consumer protection laws of the several states.
PepsiCo, Inc. is a manufacturer of beverages and processed foods
based in Harrison, New York.
Walmart Inc. operates discount stores, supercenters, and
neighborhood markets. Walmart is headquartered in Bentonville,
Arkansas.[BN]
The Plaintiffs are represented by:
Alexander W. Cogbill, Esq.
ZELLE LLP
45 Broadway, Suite 920
New York, NY 10006
Telephone: (646) 876-4420
E-mail: acogbill@zellelaw.com
- and -
Christopher T. Micheletti, Esq.
Qianwei Fu, Esq.
ZELLE LLP
555 12th Street, Suite 1230
Oakland, CA 94607
Telephone: (415) 693-0700
E-mail: cmicheletti@zellelaw.com
qfu@zellelaw.com
PHYSICIAN'S MEDICAL: Fails to Protect Personal info, Matthews Says
------------------------------------------------------------------
WANDA MATTHEWS, individually and on behalf of all others similarly
situated, Plaintiff v. PHYSICIAN'S MEDICAL BILLING, INC.,
Defendant, Case No. 1:26-cv-00119-RDB (D. Md., January 13, 2026) is
a class action lawsuit brought by the Plaintiff, on behalf of all
persons, who entrusted Defendant with sensitive personally
identifiable information and protected health information that was
impacted in a data breach.
The Plaintiff's claims arise from Defendant's failure to properly
secure and safeguard private information that was entrusted to it
and its accompanying responsibility to store and transfer that
information.
According to the complaint, the Defendant owed Plaintiff and Class
Members a duty to take all reasonable and necessary measures to
keep the private information collected safe and secure from
unauthorized access. The Defendant solicited, collected, used, and
derived a benefit from the private information, yet breached its
duty by failing to implement or maintain adequate security
practices.
Accordingly, the Plaintiff, on behalf of herself and the Class,
assert claims for negligence, negligence per se, breach of
third-party beneficiary contract, unjust enrichment, and
declaratory judgment.
The Plaintiff is a former patient of Defendant's client.
Physician's Medical Billing, Inc. is a full-service medical billing
and accounts receivable management firm that provides services to
numerous clients.[BN]
The Plaintiff is represented by:
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
- and -
David K. Lietz, Esq.
MILBERG, PLLC
5335 Wisconsin Ave. NW, Suite 440
Washington, DC 20015
Telephone: (866) 252-0878
E-mail: dlietz@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 612-4100
E-mail: ostrow@kolawyers.com
PRESTIGE CONSUMER: Knowles Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
CARLTON KNOWLES, on behalf of himself and all other persons
similarly situated, Plaintiff v. PRESTIGE CONSUMER HEALTHCARE INC.,
Defendant, Case No. 1:26-cv-00318 (S.D.N.Y., January 14, 2026) is a
civil rights action against the Defendant for its failure to
design, construct, maintain, and operate its interactive website,
www.pedia-lax.com, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons in
violation of the Americans with Disabilities Act, the New York
State Human Rights Law, the New York City Human Rights Law, and the
New York State General Business Law.
During Plaintiff's visits to the website, the last occurring on
December 16, 2025, in an attempt to purchase Pedia-Lax(R) Liquid
Glycerin Suppositories from Defendant and to view the information
on the website, the Plaintiff encountered multiple access barriers
that denied him a shopping experience similar to that of a sighted
person and full and equal access to the goods and services offered
to the public and made available to the public. He was unable to
locate pricing and was not able to add the item to the cart due to
broken links, pictures without alternate attributes and other
barriers on Defendant's website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and visually
impaired consumers.
Prestige Consumer Healthcare Inc. operates the website that offers
laxative products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
SCIPLAY CORP: Faces Herman Suit Over Illegal Gambling Scheme
------------------------------------------------------------
SEAN HERMAN, individually and on behalf of all others similarly
situated, Plaintiff v. SCIPLAY CORPORATION; and SCIPLAY GAMES, LLC,
Defendant, Case No. 2:26-cv-00139 (W.D. Wash., January 15, 2026) is
a class action brought by the Plaintiff, individually and on behalf
of all others similarly situated, to redress Defendants' widespread
violations of Washington's gambling laws.
Defendants SciPlay Corporation and SciPlay Games, LLC own, operate,
and receive significant revenue from their online "social" casino
available on various mobile apps, where they offer casino-style
slots games that operate based on a digital currency called "coins"
which can be purchased and wagered for extended gameplay along with
other upgrades and rewards.
Under the alleged unlawful scheme, the Defendants sell digital
coins to consumers on the SciPlay Gambling Platform and then
immediately accepts those coins back (from the consumers who
purchased them) as wagers on the outcomes of the various
casino-style games of chance offered on the SciPlay Gambling
Platform.
The Plaintiff and other consumers who purchase and then wager
virtual coins on the SciPlay Gambling Platform do so in the hopes
of winning more of these coins, which can be used to place more
wagers and, in some instances, unlock new gambling games or extend
their gameplay once they have run out of coins to wager with. The
Plaintiff and numerous other Washington residents have lost
significant sums of their hard earned money buying and placing
wagers with coins on the SciPlay Gambling Platform, and Defendants
have, in turn, reaped enormous profits from the losses these people
have sustained, alleges the suit.
SciPlay Corporation is a private company organized and existing
under the laws of Nevada, with a place of business in Las Vegas,
Nevada.[BN]
The Plaintiff is represented by:
Nicholas R. Major, Esq.
NICK MAJOR LAW PLLC
450 Alaskan Way S, Suite 200
Seattle, WA 98104
Telephone: (206) 410-5688
E-mail: nick@nickmajorlaw.com
- and -
Adrian Gucovschi, Esq.
GUCOVSCHI LAW FIRM, PLLC
140 Broadway, Fl. 46
New York, NY 10005
Telephone: (212) 884-4230
Facsimile: (212) 884-4230
E-mail: adrian@gucovschilaw.com
- and -
Frank S. Hedin, Esq.
HEDIN LLP
1395 Brickell Avenue, Suite 610
Miami, FL 33131-3302
Telephone: (305) 357-2107
Facsimile: (305) 200-8801
E-mail: fhedin@hedinllp.com
SERVICE EXPERTS: Johnson Sues Over Deceptive In-Home Sales Tactics
------------------------------------------------------------------
JUANITA JOHNSON, individually and on behalf of a class of similarly
situated individuals, Plaintiff v. SERVICE EXPERTS, LLC; SERVICE
EXPERTS HEATING & AIR CONDITIONING LLC, and ADVANTAGE EXPERTS
SERVICES LLC, Defendants, Case No. 2:26-cv-00061-LCB (N.D. Ala.,
January 13, 2026) is a proposed class action against the Defendants
for engaging in a scheme called the "Advantage Program," which
targets homeowners, many of which are elderly like Plaintiff,
through standardized and deceptive in-home sales tactics in
violation of the Federal Consumer Leasing Act and the Alabama
Deceptive Trade Practices Act.
Under the Advantage Program, Service Experts dispatches sales
agents to convince homeowners to purchase a new HVAC system through
"low-cost financing." However, Service Experts' sales agents do not
tell the unsuspecting homeowners the Advantage Program involves a
ten-year lease. The long lease period results in, at minimum, a
doubling of the HVAC equipment's cost, and the terms of the lease
prohibit the customer from owning the HVAC equipment.
When Advantage Program customers discover the ten-year lease, there
is little they can do about it because that lease imposes an
alleged outrageous termination-penalty. The customers end up
trapped in a long-term lease that was sold to them by Service
Experts as a low-cost financing program, alleges the suit.
Service Experts, LLC is an HVAC, plumbing and electrical
company.[BN]
The Plaintiff is represented by:
Jason W. Earley, Esq.
JENNINGS & EARLEY PLLC
3500 Blue Lake Drive, Suite 430
Birmingham, AL 32543
Telephone: (205) 905-7878
E-mail: jason@jefirm.com
SKIN GYM: Jackson Seeks Equal Website Access for Blind Users
------------------------------------------------------------
SYLINIA JACKSON, on behalf of herself and all other persons
similarly situated, Plaintiff v. SKIN GYM INC., Defendant, Case No.
1:26-cv-00351 (S.D.N.Y., January 14, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its interactive website, www.skingymco.com,
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of the
Americans with Disabilities Act, the New York State Human Rights
Law, the New York City Human Rights Law, and the New York State
General Business Law.
During Plaintiff's visits to the website, the last occurring on
December 9, 2025, in an attempt to purchase a LED Pro Red Light
Head Cap from Defendant and to view the information on the website,
the Plaintiff encountered multiple access barriers that denied her
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. She was unable to locate pricing
and was not able to add the item to the cart due to broken links,
pictures without alternate attributes and other barriers on
Defendant's website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Skin Gym Inc. operates the website that offers skincare
products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
STATE FARM: Settles Structural Damage Class Action Suit for $25MM
-----------------------------------------------------------------
Nicole Aljets of ClaimDEPOT reports that individuals who owned
property in Missouri that State Farm Fire and Casualty Co. insured
by and who made a structural damage claim for a loss between June
5, 2012, and approximately October 2017 may be eligible to submit a
claim for a cash payment from a class action settlement.
State Farm Fire and Casualty Co. agreed to pay $25 million to
settle a class action lawsuit alleging it improperly deducted labor
and other nonmaterial costs, referred to as "nonmaterial
depreciation," from actual cash value payments on certain
structural damage claims in Missouri.
Who can file a State Farm settlement claim?
Class members must meet the following criteria:
-- State Farm Fire and Casualty insured them under a structural
damage policy covering residential or business property in
Missouri.
-- They made a structural damage claim for a residential or
business property located in Missouri with a date of loss on or
after June 5, 2012, and before approximately October 2017.
-- They received an actual cash value payment on their claim in
which State Farm deducted estimated nonmaterial depreciation or
estimated general contractor overhead and profit depreciation.
-- OR they would have received an actual cash value payment but
State Farm's deduction of the depreciations caused the calculated
ACV figure to drop below their deductible.
Who is excluded from the class?
The settlement class excludes certain claims:
-- Claims under State Farm policy forms, including endorsement
form FE-3650, that expressly permit the depreciation of labor
within the policy text do not qualify for the settlement
-- Claims where State Farm's actual cash value payments exhausted
the applicable insurance limits
How much is the settlement payout?
The settlement administrator will determine payment amounts by the
specifics of the State Farm claim and how the company applied and
recovered depreciation:
-- Policyholders who received an ACV payment with nonmaterial or
GCOP depreciation deducted and did not recover all depreciation
through RCBs can submit a claim to receive a cash payment of 90% of
the nonmaterial depreciation that State Farm initially deducted and
did not recover plus 50% of the GCOP depreciation, if any, it did
not recover. The payment amount will also include simple interest
at 8.9% per year from Aug. 6, 2021, through the settlement
effective date.
-- Policyholders who received an ACV payment with nonmaterial or
GCOP depreciation deducted and recovered all depreciation through
RCBs at a later date can submit a claim to receive a cash payment
of simple interest at 8.9% per year on 90% of the no-material
depreciation and 50% of the GCOP depreciation, if any, that State
Farm initially applied but later recovered. The settlement
administrator will calculate interest from the date of the initial
ACV payment through the final RCB payment.
-- Policyholders who did not receive an ACV payment because the
deduction of depreciation caused the ACV to drop below the
deductible can submit a claim to receive a cash payment of 90% of
the portion of nonmaterial depreciation and 50% of the portion of
GCOP depreciation, if any, that they did not receive in excess of
the deductible. The payment amount will also include simple
interest at 8.9% per year from Aug. 6, 2021, through the settlement
effective date.
How to claim a class action rebate
To claim a settlement payment, class members must print and
complete the PDF claim form. They can upload the claim form online
or mail it to the settlement administrator. Each covered loss
requires a separate claim form.
Settlement administrator's mailing address: Pregon v. State Farm
Settlement, c/o JND Legal Administration, PO Box 91215, Seattle, WA
98111
Class members must upload the claim form online or postmark it by
April 2, 2026.
Required claim information
-- Class members must include the policy number, claim number,
date of loss and address of the insured property on the claim
form.
-- Those submitting a claim form on behalf of a deceased class
member must state how and when they became the legally authorized
representative for the class member and must provide supporting
documentation, which may include a court order or a letter of power
of attorney.
Payout options
-- Paper check mailed to the address provided
$25 million State Farm settlement fund
The $25,000,000 settlement fund will include:
-- Attorneys' fees and expenses: Up to $5,125,000
-- Service award to class representative: $7,500
-- Payments to approved claimants: Remaining settlement funds
State Farm is paying the costs of administering the settlement
separately from the settlement fund.
Important dates
-- Exclusion deadline: Jan. 30, 2026
-- Final approval hearing: March 3, 2026
-- Deadline to file a claim: April 2, 2026
When is the State Farm settlement payout date?
The settlement administrator will issue payments to approved
claimants after it completes claim processing and the court grants
final approval of the settlement.
Why did this class action settlement happen?
This class action lawsuit alleged State Farm improperly deducted
nonmaterial depreciation, such as labor and other nonmaterial
costs, from actual value payments on structural damage claims in
Missouri.
State Farm denies any wrongdoing but agreed to settle to avoid the
expense and uncertainty of further litigation and trial.
Settlement Open for Claims
Award: Varies
Deadline: April 2, 2026 [GN]
UNITED STATES: Hussen Sues Over Immigration Status Based-Arrests
----------------------------------------------------------------
MUBASHIR KHALIF HUSSEN, MAHAMED EYDARUS, and JAVIER DOE on behalf
of themselves and others similarly situated, Plaintiffs v. KRISTI
NOEM, in her official capacity as Secretary of the U.S. Department
of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY; U.S.
IMMIGRATION AND CUSTOMS ENFORCEMENT; TODD M. LYONS, in his official
capacity as Acting Director of U.S. Immigration and Customs
Enforcement; DAVID EASTERWOOD, in his official capacity as U.S.
Immigration and Customs Enforcement Field Office Director for St.
Paul, Minnesota; U.S. CUSTOMS AND BORDER PROTECTION; RODNEY S.
SCOTT, in his official capacity as Commissioner of U.S. Customs and
Border Protection; U.S. BORDER PATROL; MICHAEL W. BANKS, in his
official capacity as Chief of U.S. Border Patrol; and GREGORY
BOVINO, in his official capacity as Commander-at-Large of U.S.
Border Patrol, Defendants, Case No. 0:26-cv-00324-PAM-ECW (D.
Minn., January 15, 2026) seeks to end a startling pattern of abuse
spearheaded by the Department of Homeland Security that is
fundamentally altering civic life in the Twin Cities and the state
of Minnesota.
According to the complaint, masked federal agents are violently
stopping and arresting Plaintiffs and countless Minnesotans based
on nothing more than their race and perceived ethnicity
irrespective of their citizenship or immigration status, or their
personal circumstances. At the center of DHS' campaign are Somali
and Latino people, who are being targeted for stops and arrests
based on racial profiling motivated by prejudice.
The Plaintiffs seek injunctive relief to halt three unlawful
policies and practices:
-- federal agents are stopping people to question them about
immigration status without reasonable suspicion of removability --
and particularly targeting those they perceive to be Somali or
Latino;
-- federal agents are arresting people for immigration reasons
without warrants and without probable cause to believe that they
are removable, outrageously including U.S. citizens (who plainly
cannot be detained for civil immigration purposes) and individuals
with immigration status; and
-- federal agents are making warrantless arrests without
probable cause to believe the person is a flight risk. The
constitutional guarantees of the Fourth Amendment, the Equal
Protection Clause, and federal statutory law, prohibit these kinds
of police-state tactics.
These arrests are also being carried out with an unprecedented
level of violence. People targeted by the U.S. Immigration and
Customs Enforcement have been handcuffed, tackled, and beaten by
federal agents. Agents have broken car windows, dragged people from
their cars, and used pepper spray and tear gas against compliant,
non-violent people, the suit adds.
Accordingly, the Plaintiffs bring this lawsuit on behalf of
themselves and those similarly situated to put an end to DHS'
unlawful policies and practices in Minnesota, which are contrary to
the basic precepts of liberty and equality central to the United
States.
U.S. Department of Homeland Security is the federal agency
responsible for administering and enforcing the nation's
immigration laws. Kristi Noem is the Secretary of DHS and is sued
in her official capacity.[BN]
The Plaintiffs are represented by:
Spencer Amdur, Esq.
Oscar Sarabia Roman, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION IMMIGRANTS' RIGHTS PROJECT
425 California Street, 7th Floor
San Francisco, CA 94104
Telephone: (415) 343-0770
E-mail: samdur@aclu.org
osarabia@aclu.org
- and -
Kathryn Huddleston, Esq.
Lucia Goin, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION IMMIGRANTS' RIGHTS PROJECT
915 15th Street NW, 7th Floor
Washington, D.C. 20005
Telephone: (212) 549-2500
E-mail: khuddleston@aclu.org
lgoin@aclu.org
- and -
Omar C. Jadwat, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION IMMIGRANTS' RIGHTS PROJECT
125 Broad Street, 18th Floor
New York, NY 10004
Telephone: (212) 549-2660
E-mail: ojadwat@aclu.org
- and -
Robert Fram, Esq.
COVINGTON & BURLING, LLP
415 Mission Street, Suite 5400
San Francisco, CA 94105
Telephone: (415) 591-7025
E-mail: rfram@cov.com
- and -
Gregg Levy, Esq.
Paul Killebrew, Esq.
COVINGTON & BURLING, LLP
850 Tenth Street, NW
Washington, DC 20001
E-mail: glevy@cov.com
pkillebrew@cov.com
- and -
Bree Peilen, Esq.
COVINGTON & BURLING, LLP
30 Hudson Yards
New York, NY 10001
E-mail: bpeilen@cov.com
- and -
Teresa Nelson, Esq.
Catherine Ahlin-Halverson, Esq.
Alicia Granse, Esq.
Benjamin Casper, Esq.
AMERICAN CIVIL LIBERTIES UNION OF MINNESOTA
P.O. Box 14720
Minneapolis, MN 55414
Telephone: (651) 529-1692
E-mail: tnelson@aclu-mn.org
cahlin@aclu-mn.org
agranse@aclu-mn.org
bcasper@aclu-mn.org
- and -
Ian Bratlie, Esq.
AMERICAN CIVIL LIBERTIES UNION OF MINNESOTA
424 N. Riverfront Dr. No. 34
Mankato, MN 56001
Telephone: (507) 995-6575
E-mail: ibratlie@aclu-mn.org
- and -
Amran A. Farah, Esq.
Aaron P. Knoll, Esq.
Benjamin Larson, Esq.
Michelle E. Morrow, Esq.
Nicholas Scheiner, Esq.
Kshithij Shrinath, Esq.
X. Kevin Zhao, Esq.
GREENE ESPEL PLLP
222 S. Ninth Street, Suite 2200
Minneapolis, MN 55402
Telephone: (612) 373-0830
E-mail: afarah@greeneespel.com
aknoll@greeneespel.com
blarson@greeneespel.com
mmorrow@greeneespel.com
nscheiner@greeneespel.com
kshrinath@greeneespel.com
kzhao@greeneespel.com
- and -
Raoul Shah, Esq.
Bahram Samie, Esq.
Ellen Levish, Esq.
Stacey Slaughter, Esq.
ROBINS KAPLAN, LLP
800 LaSalle Avenue, Suite 2800
Minneapolis, MN 55402
Telephone: (612) 349-8500
E-mail: rshah@robinskaplan.com
bsamie@robinskaplan.com
elevish@robinskaplan.com
sslaughter@robinskaplan.com
US ECOLOGY: Agrees to Settle Poletown East Class Suit for $1.56MM
-----------------------------------------------------------------
Ethan Bakuli, writing for Planet Detroit, reports that US Ecology
Detroit South settled class action lawsuit with nearby residents in
August.
-- The agreement requires the facility, on the edge of the
Poletown East neighborhood, to invest at least $1.56 million to
prevent and mitigate odors.
-- "It's near impossible to entertain your guest(s) outdoors
especially without subjecting them as well as yourself to this
horrific odor," says plaintiff Paul Burks.
In the months leading up to the December renewal of US Ecology
Detroit South's operating license by Michigan regulators, the
hazardous waste facility reached a settlement agreement with nearby
residents who sued the business, alleging nuisance and negligence
due to the emission of noxious odors.
The parties reached a settlement in March 2025, and the court
granted a $2.34 million judgment Aug. 8, 2025.
Residents Paul Burks, Jeffrey and Melanie Curry, who live within 1
mile of US Ecology Detroit South, are the lead plaintiffs in a
class action lawsuit filed in Wayne County Circuit Court in January
2024.
The approximately 350 residents within a 1-mile radius of US
Ecology Detroit South who signed on to the class action lawsuit are
estimated to receive roughly $1,000 each. The three plaintiffs will
receive an additional $2,500 per household.
The agreement requires US Ecology Detroit South, located at St.
Aubin and Frederick on the edge of the Poletown East neighborhood,
to invest at least $1.56 million through 2028 to improve its
facility's ability to "prevent and mitigate potential odor
emissions in the future."
Residents near US Ecology Detroit South: We can't enjoy outdoor
activities
Residents voiced their frustration and concern in the lawsuit about
potential health hazards and lowered property values associated
with the nuisance odors.
"It's near impossible to entertain your guest(s) outdoors
especially without subjecting them as well as yourself to this
horrific odor," Burks said in the complaint. "You absolutely smell
stinky from even the briefest moments outside."
Resident Sandra Boyd said that she "could not open my windows, or
cook outside on my grill, or go jogging on nice days" due to the
odors.
Roman Blahoski, a spokesperson for Republic Services, which owns US
Ecology Detroit South, told Planet Detroit the company is "abiding
by the terms of the agreement."
Attorneys for the residents who sued and for US Ecology Detroit
South did not respond to requests for comment on this story.
In the settlement agreement, US Ecology said it does not admit or
concede to any wrongdoing, with the facility's lawyers stating that
the settlement avoids "further litigation expense and disruption of
the management and operation of its business."
US Ecology passes latest state inspection
The hazardous waste license renewed by the Michigan Department of
Energy, Great Lakes, and the Environment (EGLE) allows the site to
continue storing and treating millions of gallons of waste through
2035.
The court's requirements for facility improvements are separate
from the permit requirements of the state's 10-year hazardous waste
license, said Josef Stephens, an EGLE spokesperson.
"EGLE was not party to that lawsuit and does not monitor compliance
with the court's requirements," Stephens said in an email.
"EGLE's license requires EQD (US Ecology) to install odor control
technology by Dec. 31, 2027. But, unlike the court order, our
license does not specify a minimum amount to be spent."
Residents called for US Ecology Detroit South to be shut down as
state regulators considered the facility's license renewal
application, citing dozens of state air quality violations and
complaining of noxious odors. In October, the Wayne County
Commission unanimously approved a resolution in opposition to the
facility's license renewal.
US Ecology is required to meet multiple air quality conditions in
the state license, including providing a new air quality control
plan by March and sampling air conditions every six days. These
steps will be reviewed by EGLE's air quality division.
A new odor management plan explicitly limits the volumes of waste
that can be treated in the facility's tanks, which can store
millions of gallons of hazardous-and non-hazardous materials at any
given time.
Nuisance odors verified by EGLE staff "could result in 25%
reduction in waste volume and reduction in treatment additives
addition rate," according to a recent EGLE presentation of the
license conditions shared with Planet Detroit.
The last routine inspection conducted of US Ecology Detroit South
was on Jan. 14, said Todd Zynda, an inspector for EGLE. The
facility was confirmed to be in compliance, but will still have to
meet the more stringent requirements of the new license,
environmental regulators said.
"I'm kind of surprised that they agreed to this with us, but I'm
happy that they did," Zynda said, referring to US Ecology agreeing
to the stricter terms of the new license.
Zynda made the comment while speaking at a Jan. 15 community
meeting hosted by the Detroit Hamtramck Coalition for Advancing
Healthy Environments.
"Before, if we give them an odor violation, they pay a stipulated
penalty, and they were going to look into it. Now, there's real
impacts to what they are treating, and we have a regulatory
authority to enforce them." [GN]
VITALANT: LaFrence Sues Over Unlawful Telemarketing Calls
---------------------------------------------------------
JEFFREY LAFRENCE, on behalf of himself and all others similarly
situated, Plaintiff v. VITALANT, Defendant, Case No.
0:26-cv-00334-JMB-DTS (D. Minn., January 15, 2026) is a class
action arising from Defendant's violation of the Telephone Consumer
Protection Act.
The complaint asserts that the Defendant uses unlawful and invasive
telemarketing tactics to drum up business. And Defendant flooded
Plaintiff with invasive telemarketing solicitations in clear
violation of the TCPA.
The Plaintiff brings this class action on behalf of himself, and
all others harassed by Defendant and its unlawful telemarketing
tactics.
Vitalant is a domestic nonprofit corporation headquartered in
Arizona.[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
Cassandra P. Miller, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: raina@straussborrelli.com
cmiller@straussborrelli.com
- and -
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
E-mail: anthony@paronichlaw.com
ZEUS NETWORKS: Discloses Personal Info to 3rd Parties, Hokes Says
-----------------------------------------------------------------
LAJAYE HOKES, individually and on behalf of all others similarly
situated, Plaintiff v. ZEUS NETWORKS, LLC, Defendant, Case No.
4:26-cv-00361 (N.D. Cal., January 13, 2026) is a class action suit
brought against Defendant Zeus Networks, LLC for violating the
Video Privacy Protection Act.
Zeus Networks owns and operates a website at
www.thezeusnetwork.com. The Defendant sells subscription
memberships to its video content, which allows members to stream
movies and TV shows 24/7.
Unbeknownst to Plaintiff and Class Members, when they watched
videos on the website, the Defendant knowingly and intentionally
disclosed users' personally identifiable information -- including a
record of every video viewed by the user -- to unrelated third
parties, including but not limited to Vimeo, Inc. By doing so,
Defendant violated the VPPA, alleges the suit.
Zeus Networks, LLC is a subscription-based video on demand
streaming service that creates its own original pre-recorded
shows.[BN]
The Plaintiff is represented by:
Max S. Roberts, Esq.
Yitzchak Kopel, Esq.
Caroline C. Donovan, Esq.
Victoria X. Zhou, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: mroberts@bursor.com
ykopel@bursor.com
cdonovan@bursor.com
vzhou@bursor.com
- and -
Joshua R. Wilner, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jwilner@bursor.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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