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C L A S S A C T I O N R E P O R T E R
Wednesday, February 25, 2026, Vol. 28, No. 40
Headlines
ADVANCE AUTO: Continues to Defend Consolidated Securities Suit
AGILON HEALTH: Bids for Lead Plaintiff Appointment Due March 2
AGRI STATS: Ayers Antitrust Suit Removed to M.D. Ala.
ALASKA REGIONAL: Screening Order Entered in Chapa Class Suit
AMAZON.COM INC: Curtis Appeals ERISA Suit Dismissal to 9th Circuit
APX AUTO BROKERS: Dalton Files TCPA Suit in E.D. California
BASIC AMERICAN: Class Cert Bid Filing in Waldrop Due Jan. 20, 2027
BAXTER INT'L INC: Faces Securities Suit over "Novum LV" Pump
BLOCK INC: Clas Cert. Bid Filing in Gonsalves Suit Due March 24
BLUECROSS BLUESHIELD: Cumalander Seeks Class Certification
BMW GROUP: Faces Class Suit Over Defective Oil Filter Housings
BOLLA OPERATING: Parties Seek to Resolve R&R Objections
BRUCE FINK: Bid to Dismiss Taylor Class Action Tossed
CANACORD GENUITY: Continues to Face Northwest Bio Suit in S.D.N.Y.
CARESPRING HEALTH: Agrees to Settle 2023 Data Breach Class Action
CATALYST RCM: Faces Wible Suit Over Unsecured Private Information
CHEX SYSTEMS: Riddick Seeks to Certify Class Claims
CHEX SYSTEMS: Riddick Seeks to File Class Cert Memo Under Seal
CHURCH & DWIGHT: Faces Class Suit Over Baby Detergents' False Ads
CRIMINALRECORDCHECK.COM INC: Morris Alleges Unfair Background Check
CRUNCHBASE INC: Lockwood and Buchanon Sue Over Private Data Breach
CVS PHARMACY: Court Lifts Stay of Securities Suit
DETMAR LOGISTICS: Stears Seeks Extension of Briefing Deadlines
ELMER W. DAVIS INC: Schwarzott Files Suit in N.Y. Sup. Ct.
EMERSON EQUITY: Armen Securities Suit Removed to C.D. Calif.
EQT TGHL: Appeals Court Order in Taylor Fraud Suit to 4th Circuit
EXPRESS SCRIPTS: Faces Class Action Suit Over Kickback Scheme
FCA US: Settles Chrysler Emission Warranty Class Action Lawsuit
FLOATME CORP: Loses Arbitration Bid in Military Lending Act Suit
FRANKLIN BSP: Rosen Law Investigates Potential Securities Claims
GEICO: Parties Must Confer on Amended Scheduling Order
GOOGLE LLC: New Privacy Feature Settlement Gets Court's Final OK
GREEN 70: Ruiz Wins Bid for Conditional Status of FLSA Collective
GROUND PENETRATING: Gonzalez Labor Suit Removed to N.D. Calif.
HERMES INTERNATIONAL: Buyers Ask Appeals Court to Reinstate Suit
HERSHEY COMPANY: Lane et al. Sue Over Mislabeled Reese Products
HF SINCLAIR: Aitwal Consumer Suit Removed to D. Colo.
HONDA DEVELOPMENT: Parties Must File Bid for Settlement Approval
IGLOO PRODUCTS: Court Narrows Claims in Lieber Suit
J.H. BAXTER: Bid to Decertify Class in Hart Suit Granted
JEFFERY LEVY: Scheduling Conference in Theo Set for March 19
KAPPA4TEAM USA: Dalton Seeks Equal Website Access for the Blind
KONICA MINOLTA: Bid for Seal Class Cert Exhibits Terminated
KRISTI NOEM: Jacobo Wins Bid to Certify Noncitizens Class
KROGER CO: McVay Must File Class Certification Bid by May 15
LAND O'LAKES: Parties Must File Amended Joint Scheduling Report
LAUNDRESS LLC: Ostenfeld Class Action Dismissed
LAUNDRESS LLC: Safran Class Action Dismissed
LENS.COM INC: Martin Case Referred to Magistrate Judge
LIBERTY MUTUAL: Must File Class Cert. Response by March 9
LOS ANGELES, CA: Lee's Bid to Certify Class Action Granted
LULULEMON USA: Appeals Arbitration Order in Brown Suit to 9th Cir.
MAREX GROUP: Katz Appointed as Lead Plaintiff
MAREX GROUP: Shahsavanpour, Patel Appointed as Lead Plaintiffs
MARYLAND: Bid for Interim Seal of Class Exhibits OK'd
MEMBERCLOSE LLC: Drouchie Sues Over Inadequate Data Security
MIT45 INC: Moorhead Suit Seeks to Certify Three Classes
NANO NUCLEAR: Xie Appeals Securities Suit Dismissal to 2nd Cir.
NATIVAS LLC: Fails to Disclose Salmonella Contamination, Suit Says
NCH HEALTHCARE: Bid to Decertify McFalls Collective Action Granted
NORTON HEALTHCARE: Agrees to Settle 2023 Data Breach Suit for $11MM
NUTRAMAX LABORATORIES: Class Settlement in Lytle Gets Initial Nod
ON SEMICONDUCTOR: Faces Hubacek Securities Suit over SiC Business
OPW FUELING: Canales Appeals FLSA Suit Dismissal to 4th Circuit
OTTNO INC: Faces Haycook Suit Over Data Security Failures
PAMELA BONDI: Must Release Lecky from Custody
PASSES INC: Bid to Strike Class Allegations Granted in Part
PAYBYPHONE US: Alicea Sues Over Deceptive Street Parking Charges
PAYPAL HOLDINGS: Faces Securities Fraud Class Action Lawsuit
PENNYMAC LOAN: Class Cert Bid Filing in Williams Suit Due 9
PEPSICO INC: Jewat Sues Over Anti-Competitive Business Practices
PETRO-LUD INC: Hunter Class Action Closed
PRINCE GEORGE'S COUNTY, MD: Renewed Bid for Class Cert Due June 29
PROGRESSIVE AUTO: Faces Class Action Illegal Personal Info Access
PROVIDENCE HEALTH: 401K Mismanagement Class Settlement Reaches $43M
QUINSTREET PL: Filing for Class Cert Bid Due Sept. 28
RICOH USA: Preliminary Approval of Class Settlement Deal Sought
S. MARTINELLI & CO: Bid to Dismiss with Leave to Amend Partly OK'd
SAFEMOON LLC: Lead Plaintiffs Seek Prelim Approval of Settlements
SHELL CHEMICAL: Flynn Allowed to File Amended Complaint
ST. CLAIR COUNTY: Court Reserves Ruling on "Miller" FLSA Settlement
TESLA INC: Faces Suit Over Defective Vehicle Door Handle Design
TFW-VA LLC: Cowan Sues Over Unpaid Minimum, Overtime Wages
TOTES ISOTONER: Deinnocentes Sues Over Blind-Inaccessible Website
TRIZETTO PROVIDER: Schubert Jonckheer Investigates Data Breach
UNILEVER UNITED: Court Denies Prelim Class Deal OK in "Little"
WALT DISNEY: Agrees to Settle Consumer Privacy Suit for $2.75MM
WATER SONG: Faces Bao Suit Over Failure to Provide Proper Wages
WELLS FARGO: Agrees to Settle CARES Act Class Suit for $56.85MM
*********
ADVANCE AUTO: Continues to Defend Consolidated Securities Suit
--------------------------------------------------------------
Advance Auto Parts, Inc. disclosed in its Form 10-K Report for the
fiscal period ending January 3, 2026 field with the Securities and
Exchange Commission on February 13, 2026, that the Company
continues to defend itself from a consolidated securities class
suit in the United States District Court for the Eastern District
of North Carolina.
On October 9, 2023, and October 27, 2023, two putative class
actions on behalf of purchasers of the Company's securities who
purchased or otherwise acquired their securities between November
16, 2022, and May 30, 2023, inclusive (the "Class Period"), were
commenced against the Company and certain of the Company's former
officers in the United States District Court for the Eastern
District of North Carolina. The plaintiffs allege that the
defendants made certain false and materially misleading statements
during the alleged Class Period in violation of Section 10(b) of
the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
These cases were consolidated on February 9, 2024, and the
court-appointed lead plaintiff filed a consolidated and amended
complaint on April 22, 2024. The consolidated and amended complaint
proposes a Class Period of November 16, 2022 to November 15, 2023,
and alleges that defendants made false and misleading statements in
connection with (a) the Company's 2023 guidance and (b) certain
accounting issues previously disclosed by the Company.
On June 21, 2024, defendants filed a motion to dismiss the
consolidated and amended complaint.
On January 23, 2025, the motion to dismiss was granted by the
United States District Court for the Eastern District of North
Carolina.
On February 21, 2025, plaintiffs filed an appeal to the 4th Circuit
Court of Appeals.
The Company strongly disputes the allegations and intends to defend
the case vigorously.
Advance Auto Parts, Inc. engages in the supply and distribution of
aftermarket automotive products for both professional installers
and do-it-yourself. [BN]
AGILON HEALTH: Bids for Lead Plaintiff Appointment Due March 2
--------------------------------------------------------------
Levi & Korsinsky, LLP notifies investors in agilon health, inc.
("agilon health, inc." or the "Company") (NYSE: AGL) of a class
action securities lawsuit.
CLASS DEFINITION: The lawsuit seeks to recover losses on behalf of
agilon health, inc. investors who were adversely affected by
alleged securities fraud between February 26, 2025 and August 4,
2025. Follow the link below to get more information and be
contacted by a member of our team:
https://zlk.com/pslra-1/agilon-health-inc-lawsuit-submission-form?prid=183558&wire=4
AGL investors may also contact Joseph E. Levi, Esq. via email at
jlevi@levikorsinsky.com or by telephone at (212) 363-7500.
CASE DETAILS: The filed complaint alleges that defendants made
false statements and/or concealed that: (1) defendants recklessly
issued guidance for 2025 that they knew or should have known was
not going to be achieved, given material industry headwinds of
which they were aware; (2) defendants materially overstated the
immediate positive financial impact from "strategic actions" taken
by agilon to reduce risk; and (3) as a result, defendants'
statements about agilon's business, operations, and prospects were
materially false and misleading and/or lacked a reasonable basis at
all relevant times.
WHAT'S NEXT? If you suffered a loss in agilon health, inc. during
the relevant time frame, you have until March 2, 2026 to request
that the Court appoint you as lead plaintiff. Your ability to share
in any recovery doesn't require that you serve as a lead
plaintiff.
NO COST TO YOU: If you are a class member, you may be entitled to
compensation without payment of any out-of-pocket costs or fees.
There is no cost or obligation to participate.
WHY LEVI & KORSINSKY: Over the past 20 years, the team at Levi &
Korsinsky has secured hundreds of millions of dollars for aggrieved
shareholders and built a track record of winning high-stakes cases.
Our firm has extensive expertise representing investors in complex
securities litigation and a team of over 70 employees to serve our
clients. For seven years in a row, Levi & Korsinsky has ranked in
ISS Securities Class Action Services' Top 50 Report as one of the
top securities litigation firms in the United States.
CONTACT:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 27th Floor
New York, NY 10004
jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
www.zlk.com [GN]
AGRI STATS: Ayers Antitrust Suit Removed to M.D. Ala.
-----------------------------------------------------
The case styled JAMES HERBERT AYERS, et al., Plaintiffs v. AGRI
STATS, INC., et al., Defendants, Case No. 09-CV-26-900001.00, was
removed from the Circuit Court of Bullock County, Alabama to the
United States District Court for the Middle District of Alabama on
February 11, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00092 to the
proceeding.
The Plaintiffs' complaint purports to state eight Alabama claims
that share this underlying theme: the Defendant chicken processors
colluded unlawfully to fix the wages paid to Plaintiffs. The
Plaintiffs support their theory by claiming Defendants engaged in a
data and information-sharing scheme to suppress wages and restrain
trade in violation of the Sherman Act.
Agri Stats, Inc. was founded in 1985. The company's line of
business includes providing accounting, bookkeeping, and related
auditing services.[BN]
The Defendants are represented by:
John G. Smith, Esq.
BALCH & BINGHAM LLP
445 Dexter Avenue, Suite 8000
Montgomery, AL 36104
Telephone: (334) 834-6500
Facsimile: (866) 830-1504
E-mail: jgsmith@balch.com
- and -
R. Pepper Crutcher, Jr., Esq.
BALCH & BINGHAM LLP
188 E. Capitol Street, Suite 1400
Jackson, MS 39201
Telephone: (601) 965-8158
Facsimile: (601) 961-4466
E-mail: pcrutcher@balch.com
- and -
Chuck Burkhart, Esq.
Jack Surber, Esq.
BALCH & BINGHAM LLP
1901 Sixth Avenue North, Suite 1500
Birmingham, AL 35203
Telephone: (205) 251-8100
Facsimile: (205) 226-8799
E-mail: cburkhart@balch.com
jsurber@balch.com
ALASKA REGIONAL: Screening Order Entered in Chapa Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as DAVID CHAPA, JR., v.
ALASKA REGIONAL HOSPITAL, et al., Case No. 3:25-cv-00230-SLG (D.
Alaska), the Hon. Judge Gleason entered a screening order.
1. The Plaintiff must ensure that service of process of the
First Amended Complaint, the Court-issued summons, and a copy
of this order is completed on each Defendant in accordance
with the Federal Rule of Civil Procedure 4 no later than 90
days from the date of this order.
2. The Plaintiff's application to waive prepayment of the filing
fee at Docket 3 is granted in part. The Plaintiff must pay a
partial filing fee of $202.50 within 30 days of the date of
this order. Failure to timely make this payment may result in
this dismissal of this action.
3. The Plaintiff's claims under Title 18 of the United States
Code, apart from the civil RICO claim in Count IV, are
dismissed with prejudice for failure to state a claim—Claims
V, VI, and XVII.
4. The Plaintiff's claims under 42 U.S.C. section 1983 are
dismissed with prejudice for failure to state a
claim—Claims
XI, XII, XIII, XIV, XV, and XVI.
5. The Clerk of Court shall send three summons forms (AO 440) to
Plaintiff with this order.
6. The Plaintiff must complete and return each summons form to
the Court within 30 days of the date of this order.
The Court finds that Plaintiff has not demonstrated that he lacks
the ability to pay any of the filing fee. The Plaintiff's
application indicates that Plaintiff currently earns $5,400 per
month gross, $3,600 net. He has no dependents. He has considerable
retirement funds but indicates they are not readily accessible to
him. Based on this information, the Court finds that a reduced
filing fee is warranted.
On Oct. 4, 2025, Plaintiff filed a First Amended Complaint (FAC).
The FAC brings federal and state claims against Alaska Regional
Hospital, Denali Emergency Medicine Associates, PC, and Cornerstone
Credit Services, LLC, related to emergency medical billing, debt
collection, and credit reporting stemming from medical services
Plaintiff alleges that he received at the Alaska Regional Hospital
emergency room on April 20, 2024.
The Defendant is a full-service hospital.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DZb2SM at no extra
charge.[CC]
AMAZON.COM INC: Curtis Appeals ERISA Suit Dismissal to 9th Circuit
------------------------------------------------------------------
CORY CURTIS, et al. are taking an appeal from a court order
dismissing their lawsuit entitled Cory Curtis, et al., individually
and on behalf of all others similarly situated, Plaintiffs, v.
Amazon.com, Inc., et al., Defendants, Case No. 2:24-cv-02164-RSM,
in the U.S. District Court for the Western District of Washington.
Plaintiffs Cory Curtis and Jonathan Torres, individually, as
representatives of a class, and on behalf of the Amazon 401(k)
Plan, bring this action against Defendants Amazon.com Services,
LLC, the 401k Committee, and the unnamed members of the Committee,
alleging breaches of fiduciary duties and other violations of the
Employee Retirement Income Security Act.
On June 5, 2025, the Defendants filed a motion to dismiss for
failure to state a claim, which Judge Ricardo S. Martinez granted
on Jan. 16, 2026. The Court finds that the Defendants did not
breach any fiduciary duty in this case because they followed the
terms of the Plan. Moreover, the Court finds that the Plaintiffs
have failed to plausibly allege an unlawful transaction under
ERISA. The Plaintiffs' claims are dismissed without leave to amend.
This case is closed.
The appellate case is styled as Curtis, et al. v. John and Jane
Does, et al., Case No. 26-965, in the United States Court of
Appeals for the Ninth Circuit, filed on February 18, 2026.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire is due on February 23,
2026;
-- Appellant's Opening Brief is due on March 30, 2026; and
-- Appellee's Answering Brief is due on April 29, 2026. [BN]
Plaintiffs-Appellants CORY CURTIS, et al., individually and on
behalf of the Amazon 401(k) Savings Plan and on behalf of all
similarly situated participants and beneficiaries of the Plan, are
represented by:
Jennifer Rust Murray, Esq.
Beth Ellen Terrell, Esq.
TERRELL MARSHALL LAW GROUP, PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
Defendants-Appellees AMAZON.COM SERVICES, LLC, et al. are
represented by:
Kenneth E. Payson, Esq.
DAVIS WRIGHT TREMAINE, LLP
920 5th Avenue, Suite 3300
Seattle, WA 98104
- and -
Robert S. Newman, Esq.
COVINGTON & BURLING, LLP
One CityCenter 850 10th Street, NW Suite 482n
Washington, DC 20001
- and -
William O'Neil, Esq.
COVINGTON & BURLING, LLP
620 Eighth Avenue
New York, NY 10018
APX AUTO BROKERS: Dalton Files TCPA Suit in E.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against APX Auto Brokers LLC.
The case is styled as Oliver Dalton, individually and on behalf of
all others similarly situated v. APX Auto Brokers LLC, Case No.
2:26-cv-00376-DC-DMC (E.D. Cal., Feb. 11, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
APX Auto Brokers -- https://www.apxauto.com/ -- is a car dealership
located in Edmonds, Washington specializing in a wide range of
vehicles including cars, trucks, SUVs, motorcycles, and RVs.[BN]
The Plaintiff is represented by:
Rachel Elizabeth Kaufman, Esq.
KAUFMAN PA
237 S Dixie Hwy, 4th Fl
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
BASIC AMERICAN: Class Cert Bid Filing in Waldrop Due Jan. 20, 2027
------------------------------------------------------------------
In the class action lawsuit captioned as AUSTON WALDROP,
individually and on behalf of all others similarly situated, v.
BASIC AMERICAN INC., a Delaware corporation, Case No.
2:25-cv-00382-MKD (E.D. Wash.), the Hon. Judge Dimke entered a jury
trial scheduling order:
Any motion to amend the pleadings, add parties, or for class
certification shall be filed no later than the date indicated in
the Summary of Deadlines below.
All discovery, including depositions and perpetuation depositions,
shall be completed by the date indicated in the Summary of
Deadlines below ("Discovery Cutoff").
The jury trial shall commence at 9:00 a.m., in Spokane Courtroom
755 on a date to be set. Counsel shall appear at 8:30 a.m. on the
first day of trial to address any pending pretrial matters. Jury
selection will begin promptly at 9:00 a.m.
Summary of Deadlines
Motion for Class Certification Deadline: Jan. 20, 2027
Response: Feb. 17, 2027
Reply: March 3, 2027
Class certification hearing: April 28, 2027
The Defendant provides food services.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JAwTin at no extra
charge.[CC]
BAXTER INT'L INC: Faces Securities Suit over "Novum LV" Pump
------------------------------------------------------------
Baxter International Inc. disclosed in its Form 10-K for the fiscal
year ended December 31, 2025, filed with the Securities and
Exchange Commission on February 9, 2026, that on December 3, 2025,
a class action complaint was filed against the company and certain
of its current and former officers and employees in the United
States District Court for the Northern District of Illinois,
captioned "City of Hallansdale Beach Police Officers' and
Firefighters' Personnel Retirement Trust v. Baxter International
Inc., et al."
Complaint alleges that the company and certain former and current
officers and employees violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder by making allegedly false and misleading statements and
failing to disclose material facts relating to "Novum LVP" infusion
pump. Class period is from February 23, 2022, through October 29,
2025. Plaintiffs filed their respective motions to be appointed
lead plaintiff on December 15, 2025. Those motions are pending
before the court.
Baxter International Inc., through its subsidiaries, provides
sterile intravenous solutions, infusion systems and devices,
parenteral nutrition therapies, inhaled anesthetics, generic
injectable pharmaceuticals, surgical hemostat and sealant products,
advanced surgical equipment, smart bed systems, patient monitoring
and diagnostic technologies and respiratory health devices.
BLOCK INC: Clas Cert. Bid Filing in Gonsalves Suit Due March 24
---------------------------------------------------------------
In the class action lawsuit captioned as CORINNE GONSALVES, et al.,
v. BLOCK, INC., et al., Case No. 5:25-cv-00642-NW (N.D. Cal.), the
Hon. Judge Wise entered a case-management and pretrial order as
follows:
Event Date
Deadline to File Class Certification Motion: March 24, 2026
Responses: May 8, 2026
Reply: June 9, 2026
Hearing on Certification of Class: June 30, 2026 at
9:00 a.m.
Deadline to File Dispositive Motions Motions: Jan. 29, 2027
and Daubert Motions Responses: Feb. 12, 2027
Replies: Feb. 19, 2027
Final Pretrial Conference: May 19, 2027, at
2:00 p.m.
Block is an American technology company and a financial services
provider for consumers and merchants.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PQJIV0 at no extra
charge.[CC]
BLUECROSS BLUESHIELD: Cumalander Seeks Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as WILLIAM MARK CUMALANDER,
on behalf of himself and all others similarly situated, v.
BLUECROSS BLUESHIELD OF TENNESSEE, INC. Case No.
1:24-cv-00176-TRM-CHS (E.D. Tenn.), the Plaintiff asks the Court to
enter an order granting his motion, certifying the proposed class,
appointing the Plaintiff as class representative, and appointing
Colson Hicks Eidson, PA, Essex Richards, PA, and Green Health Law,
APC as Class Counsel.
The Plaintiff seeks to certify the following class under Rules
23(b)(1), (b)(2), and (b)(3), for all claims against BCBST
(wrongful denial of benefits and breach of fiduciary duty), with
Plaintiff serving as class representative:
"All persons covered under ERISA-governed plans administered
or insured by the Defendant BlueCross BlueShield of Tennessee,
Inc. ("BCBST") whose pre-service or post-service requests to
BCBST for benefits for proton beam radiation therapy ("PBRT")
for the treatment of prostate cancer were denied within the
applicable limitations period, based upon a determination by
BCBST that PBRT is investigational, not medically appropriate,
or not medically necessary."
Excluded from the proposed class are: BCBST and its parents,
subsidiaries, members, affiliates, officers and directors,
employees, and any entity in which BCBST has a controlling
interest; all individuals who make a timely election to be
excluded from this proceeding using the correct protocol for
opting out; and any Judges assigned to hear any aspect of this
litigation, as well as their immediate family members and
staff.
The Plaintiff alleges that BCBST violated the Employee Retirement
Income Security Act ("ERISA"), and the terms of class members'
plans by wrongfully denying coverage for PBRT for the treatment of
prostate cancer based on the PBRT Medical Policy. The Plaintiff
alleges that the PBRT Medical Policy is inconsistent with binding
plan terms and incorrectly deems PBRT "investigational" for the
treatment of prostate cancer.
The Defendant is a health benefit plan company.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dfDsWW at no extra
charge.[CC]
The Plaintiff is represented by:
Stephanie A. Casey, Esq.
COLSON HICKS EIDSON
255 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Telephone: (305) 476-7400
E-mail: scasey@colson.com
- and -
Norris A. Adams, II, Esq.
ESSEX RICHARDS, P.A.
1701 South Boulevard
Charlotte, NC 28203
Telephone: (704) 377-4300
E-mail: nadams@essexrichards.com
- and -
Elizabeth K. Green, Esq.
GREEN HEALTH LAW, APC
201 N. Brand Blvd., Ste 200
Glendale, CA 91203
Telephone: (818) 722-1164
E-mail: egreen@greenhealthlaw.com
- and -
Timothy James Rozelle, Esq.
KANTOR & KANTOR, LLP
9301 Corbin Avenue, Suite 1400
Northridge, CA 91324
Telephone: (818) 886-2525
E-mail: trozelle@kantorlaw.net
- and -
Kaci Garrabrant, Esq.
ERIC BUCHANAN & ASSOCIATES, PLLC
414 McCallie Avenue
Chattanooga, TN 37402
Telephone: (423) 634-2506
E-mail: kgarrabrant@buchanandisability.com
BMW GROUP: Faces Class Suit Over Defective Oil Filter Housings
--------------------------------------------------------------
Karl Furlong of Autoblog reports that class action lawsuit alleges
BMW oil filter housings fail prematurely.
-- Some owners have been hit with bills of up to $4,000 outside
the warranty period.
-- Affected engines include B46, B48, and B58 in BMWs and some
Minis.
BMW is facing a class action lawsuit for faulty oil filter housings
that leak coolant, resulting in owners having to spend thousands of
dollars in repairs and replacements. The lawsuit, filed in New
Jersey, involves three BMW engines: B46, B48, and B58. The first
two are turbocharged four-cylinder engines, while the B58 is BMW's
highly regarded turbo six-cylinder mill. At a time when BMW has
improved significantly in reliability ratings, this lawsuit is a
reminder that some older models still require careful care and
often expensive maintenance.
According to the plaintiffs, the oil filter housing should last at
least 150,000 miles, but the part has needed replacement after
60,000 miles in some cases. Depending on the model, owners have had
to pay up to $4,000 for a replacement.
"The oil filter housing internal wall structures separating the oil
and coolant passages fail and/or warp and/or gaskets sealing the
various oil and water passages fail," said the lawsuit. "This
occurrence causes the loss of engine coolant that either leaks into
the oil sump or drains externally that can result in engine
overheating and/or failure."
The plaintiffs claim BMW changed from cast aluminum engine oil
filter housings to cheaper polycarbonate housings in 2011. The
automaker is aware of the issue, as communication was sent to
dealers late last year informing them of the nature of the issue.
Besides select BMW models, some Minis are also named in the
lawsuit. Here's the complete list:
-- 2014-2021 BMW 1 Series
-- 2014-2021 BMW 2 Series
-- 2014-2021 BMW 3 Series
-- 2014-2021 BMW 4 Series
-- 2014-2021 BMW 5 Series
-- 2014-2021 BMW X1, X2, X3, X4
-- 2014-2021 Mini Cooper
-- 2014-2021 Mini Cooper Clubman
-- 2014-2021 Mini Cooper Countryman
One BMW owner not involved in this lawsuit started a petition for
BMW to recall vehicles affected by the oil filter housings, which
has received almost 600 signatures so far. According to the owner,
Eric Coleman, he has spent over $6,000 on the issue for two
different BMWs from the 2020 model year. Coleman also pointed out
that the problem occurs at around 60,000 miles, not long after
BMW's warranty would have expired.
BMW faced many engine reliability issues in the 2000s when it began
switching to turbocharged models. Cooling system failures, VANOS
variable valve timing actuator issues, and chronic oil leaks were
common. The number of horror stories surrounding engines like the
N63 V8 are well documented, too.
But over the last few years, the brand has worked through many of
these issues and gradually moved up the reliability rankings. The
six-cylinder B58 has a particularly strong reputation, which makes
the latest lawsuit all the more disappointing. It's a reminder of
the fragility of previous-generation BMWs, where the cars are often
only good for 50,000 or so miles before expensive repairs become
common. [GN]
BOLLA OPERATING: Parties Seek to Resolve R&R Objections
-------------------------------------------------------
In the class action lawsuit captioned as Jose Vasquez v. Bolla
Operating L.I. Corp., et al. Case No. 2:22-cv-07014-NCM-ST
(E.D.N.Y.), the Parties ask the Court to enter an order granting
proposed Stipulation Resolving Objections to Report and
Recommendation Granting Motion for Class Certification.
On Dec. 5, 2025, Hon. Steven Tiscione issued a report and
recommendation (the "R&R") recommending that Plaintiff Vasquez's
motion for certification of a class action pursuant to Fed. R. Civ.
P. 23 be granted.
On Dec. 19, 2025, the Defendants filed their objection to the R&R.
Since then, the parties have conferred and agreed to enter into a
stipulation that resolves the issues raised in Defendants'
objections by agreement, including certifying a class pursuant to
Fed. R. Civ. P. 23 pursuant to the terms of the stipulation.
Defendants do reserve the right to decertify the class.
If adopted, this stipulation would moot Defendants' objections and
those objections would be withdrawn. The parties have also agreed
explore a resolution of the class members' claims though a private
mediation. To facilitate their mediation process, the parties have
agreed to stay all pretrial and discovery deadlines pending the
parties' mediation.
This will permit the parties to focus their resources on exchanging
targeted discovery relating to the class members’ claims,
preparing for the mediation, and engaging in a private mediation.
Lastly, the proposed stipulation will dismiss Plaintiffs’ claims
against Defendants Bolla Operating Corp. and Harvinder Singh
without prejudice.
The Plaintiffs allege that the Defendants violated the Fair Labor
Standards Act ("FLSA") and New York Labor Law ("NYLL").
Bolla is associated with the operation of gas stations, convenience
stores, and delis.
A copy of the Parties' motion dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rS6Tes at no extra
charge.[CC]
The Plaintiff is represented by:
David D. Barnhorn, Esq.
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
BRUCE FINK: Bid to Dismiss Taylor Class Action Tossed
-----------------------------------------------------
In the class action lawsuit captioned as SARA TAYLOR, v. BRUCE
FINK, D.D.S., P.C., Case No. 1:25-cv-03099-TWT (N.D. Ga.), the Hon.
Judge Thomas W. Thrash, Jr. entered an order denying the
Defendant's motion to dismiss.
As an initial matter, the Court agrees with the Plaintiff that it
cannot consider the Defendant's affidavit and questionnaire
evidence in this procedural posture.
On the pleadings, the Defendant has not carried its burden of
demonstrating that dismissal is warranted under Rule 12(b)(6). The
Defendant's entire argument for dismissal is predicated on its
insistence that the Plaintiff consented to being contacted.
However, the Plaintiff has alleged that she did not consent to any
contact and, as the Defendant offers nothing more than its
assertions to the contrary, the Court must accept the Plaintiff's
version of the facts.
Moreover, as the Plaintiff correctly notes, express consent (or
lack thereof) is not an element of a Telephone Consumer Protection
Act ("TCPA") claim, so her assertion that she did not give consent
is sufficient at this stage.
The Plaintiff Sara Taylor brought this action under the TCPA based
on a voicemail message and text messages she alleges the Defendant
sent her soliciting dental services, despite the fact that her
phone number is registered on the National Do Not Call Registry.
The Defendant specializes in dental implants, sleep apnea
treatment, and comprehensive dental solutions.
A copy of the Court's opinion and order dated Feb. 3, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=Fs3MeT
at no extra charge.[CC]
CANACORD GENUITY: Continues to Face Northwest Bio Suit in S.D.N.Y.
------------------------------------------------------------------
Virtu Financial, Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2025 filed with the Securities
and Exchange Commission on February 20, 2026, that the Company's
subsidiary Canaccord Genuity LLC, continues to defend itself from
Northwest Biotherapeutics class suit in the United Sates District
Court in the Southern District of New York.
On December 1, 2022, the Company's subsidiary, along with several
other parties, was named as a defendant in Northwest
Biotherapeutics, Inc. v. Canaccord Genuity LLC, et al No.
1:22-cv-10185, filed in United States District Court in the
Southern District of New York. The initial complaint alleged that
defendants engaged in market manipulation in the plaintiff's stock
during a period from 2018 to 2022.
A first amended complaint was filed on April 10, 2023, bringing
substantially the same allegations as the initial complaint. The
first amended complaint was dismissed with leave to amend on
February 14, 2024.
Plaintiff filed a second amended complaint on March 18, 2024.
Neither the operative complaint nor prior iterations specify the
amount of alleged damages.
On March 27, 2025, the district court partially granted the
defendants' motion to dismiss.
Canaccord is an independent, full-service financial services firm.
CARESPRING HEALTH: Agrees to Settle 2023 Data Breach Class Action
-----------------------------------------------------------------
Steve Alder of The HIPAA Journal reports that Carespring Health
Care Management in Ohio and LifeBridge Health in Maryland have
agreed to settle class action lawsuits stemming from data
breaches.
Carespring Health Care Management
Carespring Health Care Management has agreed to settle a class
action lawsuit stemming from an October 2023 cyberattack and data
breach. Hackers gained access to the protected health information
of 64,609 individuals, including names, dates of birth, Social
Security numbers, financial information, health insurance
information, and medical information.
The first class action lawsuit over the data breach was filed by
plaintiff Phyllis Rise on August 29, 2024. Four related actions
were subsequently filed by other affected individuals. The five
lawsuits were consolidated -- Rice, et al., v. Carespring Health
Care Management, LLC -- in the Court of Common Pleas for Clermont
County, Ohio, as the lawsuits had overlapping claims.
The consolidated lawsuit asserted several claims, including
negligence/negligence per se, breach of contract, breach of implied
contract, breach of fiduciary duty, breach of confidence, invasion
of privacy, fraud, misrepresentation, unjust enrichment, bailment,
wantonness, and the failure to provide adequate notice about the
data breach. Carespring Health Care Management denies all claims
asserted in the lawsuit.
To avoid the expense, delay, and uncertainties of litigation, all
parties agreed to a settlement, with no admission of liability or
wrongdoing. Carespring Health Care Management will pay up to
$305,000 to cover attorneys' fees and expenses, service awards of
$2,500 for each of the five class representatives, and benefits for
the class members. Class members may submit a claim for two years
of single-bureau credit monitoring services, and a claim for up to
$4,500 as compensation for documented, unreimbursed losses
resulting from the data breach. If a claim is not submitted for
reimbursement of losses, class members may claim an alternative $50
cash payment
The deadline for objection to and exclusion from the settlement is
March 17, 2026. Claims must be submitted by April 16, 2026, and the
final fairness hearing has been scheduled for April 28, 2026.
LifeBridge Health
LifeBridge Health Inc., a Maryland-based holding company for four
Maryland hospitals and other affiliated entities, has agreed to pay
$575,000 to settle class action litigation stemming from a
cybersecurity incident detected in November 2024. LifeBridge Health
determined that a hacker intermittently accessed its computer
systems between August 27, 2024, and September 21, 2024, and
potentially obtained patients' protected health information. The
affected individuals were notified about the data breach on April
1, 2025.
A lawsuit was filed in the Circuit Court for Baltimore County,
Maryland, in response to the data breach, alleging it could have
been prevented had LifeBridge Health implemented reasonable and
appropriate cybersecurity measures. The lawsuit -- Ragin v.
LifeBridge Health, Inc. -- asserted claims of negligence, alleged
breach of implied contract, and breach of the implied covenant of
good faith and fair dealing. LifeBridge Health denies all
allegations in the lawsuit and maintains there was no wrongdoing.
While believing that it would have prevailed at trial, the decision
was taken to settle the litigation to avoid the cost, distraction,
and uncertainty of trial and related appeals.
A $575,000 settlement fund will be established to cover attorneys'
fees and expenses, settlement administration costs, and service
awards for the class representatives. The remainder of the fund
will be used to pay for benefits for the class members. LifeBridge
Health has also agreed to make data security enhancements to better
protect patient data.
A claim may be submitted for reimbursement of documented,
unreimbursed losses due to the data breach up to a maximum of
$5,000 per class member. A claim may also be submitted for a flat
cash payment, which will be paid pro rata after all valid claims
have been paid. The cash payment is estimated to be $100 per class
member, but may be higher or lower depending on the number of valid
claims received. The deadline for objection to and exclusion from
the settlement is February 28, 2026. The deadline for submitting a
claim is February 28, 2026, and the final fairness hearing has been
scheduled for March 20, 2026. [GN]
CATALYST RCM: Faces Wible Suit Over Unsecured Private Information
-----------------------------------------------------------------
KENNETH WIBLE, individually and on behalf of himself and all others
similarly situated, Plaintiff v. CATALYST RCM LLC, Defendant, Case
No. 4:26-cv-01161 (S.D. Tex., February 12, 2026) arises from the
Defendant's failure to secure and safeguard patients' personally
identifiable information and personal health information.
On or about November 13, 2025, the Defendant became aware of
unauthorized access to its network resulting from a cyberattack
that occurred between November 8, 2025, and November 9, 2025.
However, the Defendant sent notice letters to affected individuals
such as Plaintiff on or around February 6, 2026, nearly three
months after discovery.
As a result, the Plaintiff has suffered injury and faces an
imminent and substantial risk of further injury due to the data
breach. The Plaintiff seeks redress for Defendant's unlawful
conduct and asserts claims for negligence, negligence per se,
breach of third-party beneficiary contract, and unjust enrichment.
The Plaintiff also alleges violations of Section 5 of Federal Trade
Commission Act, the Health Insurance Portability and Accountability
Act, and the state data breach statutes.
Headquartered in Fulshear, TX, Catalyst RCM LLC provides revenue
cycle management, billing, and coding services for healthcare
entities, including diagnostic laboratory clients. [BN]
The Plaintiff is represented by:
Roger L. Mandel, Esq.
MANDEL LAW GROUP
3416 Pelham Rd
Fort Worth, TX 76116
Telephone: (214) 762-1036
E-mail: rogerlmandel@gmail.com
- and -
Scott J. Falgoust, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
5301 Canal Boulevard
New Orleans, LA 70124
Telephone: (919) 585-5634
E-mail: sfalgoust@brysonpllc.com
CHEX SYSTEMS: Riddick Seeks to Certify Class Claims
---------------------------------------------------
In the class action lawsuit captioned as SHARON K. RIDDICK on
behalf of herself and all others similarly situated, v. CHEX
SYSTEMS, INC., Case No. 2:24-cv-00700-EWH-RJK (E.D. Va.), the
Plaintiff asks the Court to enter an order, pursuant to Rule 23 of
the Federal Rules of Civil Procedure, certifying class claims.
The Defendant is an American check verification service and
consumer reporting agency.
A copy of the Plaintiff's motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5a8QKb at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Mark C. Leffer, Esq.
Craig C. Marchiando, Esq.
Drew David Sarrett, Esq.
Emily Connor Kennedy, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Suite 1-A Newport
News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
mark@clalegal.com
craig@clalegal.com
drew@clalegal.com
emily@clalegal.com
CHEX SYSTEMS: Riddick Seeks to File Class Cert Memo Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as SHARON K. RIDDICK on
behalf of herself and all others similarly situated, v. CHEX
SYSTEMS, INC., Case No. 2:24-cv-00700-EWH-RJK (E.D. Va.), the
Plaintiff asks the Court to enter an order granting motion to seal
the unredacted version of the Plaintiff's memorandum in support of
motion for class certification and Exhibit (the Jaffe Report).
The Defendant is an American check verification service and
consumer reporting agency.
A copy of the Plaintiff's motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xisokB at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Mark C. Leffer, Esq.
Craig C. Marchiando, Esq.
Emily Connor Kennedy, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Suite 1-A Newport
News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
mark@clalegal.com
craig@clalegal.com
emily@clalegal.com
CHURCH & DWIGHT: Faces Class Suit Over Baby Detergents' False Ads
-----------------------------------------------------------------
Top Class Actions reports that plaintiff Davontaya Johnson filed a
class action lawsuit against Church & Dwight Co. Inc.
Why: Johnson alleges Church & Dwight falsely advertises its Arm &
Hammer hypoallergenic baby detergent products as being
hypoallergenic.
Where: The class action lawsuit was filed in California state
court.
A new class action lawsuit accuses Church & Dwight of falsely
advertising its Arm & Hammer hypoallergenic baby detergent products
as being hypoallergenic.
Plaintiff Davontaya Johnson claims Church & Dwight's Arm & Hammer
hypoallergenic baby detergent products contain fragrance chemicals
that can cause allergic reactions and skin irritations.
Johnson argues Church & Dwight's alleged misrepresentations about
its Arm & Hammer hypoallergenic baby detergent products have caused
consumers to pay a premium for the products.
"By deceiving consumers about the nature of its products, the
defendant is able to take away market share from competing products
and increase its own sales and profits," the Arm & Hammer class
action lawsuit says.
Arm & Hammer class action: Consumers rely on hypoallergenic label
Johnson wants to represent a California class of consumers who
purchased Arm & Hammer hypoallergenic baby detergent products
during the applicable statute of limitations period.
She claims Church & Dwight is guilty of violating California's
Unfair Competition Law, False Advertising Law and Consumers Legal
Remedies Act.
Johnson demands a jury trial and requests declaratory and
injunctive relief and an award of compensatory, exemplary and
statutory damages for herself and all class members.
Similarly, Unilever United States Inc. faced a class action lawsuit
alleging it falsely labeled its Vaseline-brand Baby Healing Jelly
as hypoallergenic despite containing fragrance chemicals that can
cause allergic reactions.
The plaintiff is represented by Michael D. Braun of Kuzyk Law LLP
and Jeffrey I. Carton and Steven R. Schoenfeld of Denlea & Carton
LLP.
The Arm & Hammer class action lawsuit is Johnson v. Church & Dwight
Co. Inc., Case No. 5:25-cv-02409, in the California Superior Court
for San Bernardino County. [GN]
CRIMINALRECORDCHECK.COM INC: Morris Alleges Unfair Background Check
-------------------------------------------------------------------
JASHAR MORRIS, individually and on behalf of himself and all others
similarly situated, Plaintiff v. CRIMINALRECORDCHECK.COM, INC.,
Defendant, Case No. 1:26-cv-00148 (M.D.N.C., February 10, 2026)
seeks statutory damages, punitive damages, costs and attorneys'
fees, and all other relief available from the Defendant pursuant to
the Fair Credit Reporting Act.
The Plaintiff is a resident of North Carolina and was the subject
of a consumer report produced by the Defendant for employment
purposes.
According to the complaint, the Defendant violated the FCRA by (i)
failing to contemporaneously notify Plaintiff and other consumers
of Defendant's reporting of public record information to end users;
and (ii) producing consumer reports regarding Plaintiff and other
consumers that were incomplete and not up to date.
Criminalrecordcheck.com Inc., a consumer reporting agency as
defined by the FCRA, is engaged in the business of producing
consumer reports for employment purposes and can be served through
its registered agent, Sebastian Dehnel, based in Cary, North
Carolina.[BN]
The Plaintiff is represented by:
Dana Smith, Esq.
Jayson Watkins, Esq.
SIRI & GLIMSTAD LLP
525 North Tryon Street, Suite 1600
Charlotte, NC 28202
Telephone: (980) 533-4616
E-mail: dsmith@sirillp.com
jwatkins@sirillp.com
CRUNCHBASE INC: Lockwood and Buchanon Sue Over Private Data Breach
------------------------------------------------------------------
JOSHUA LOCKWOOD and JERMAYNE BUCHANON, individually and on behalf
of all others similarly situated, Plaintiffs v. CRUNCHBASE INC.,
Defendant, Case No. 3:26-cv-01283-SK (N.D. Cal., February 12, 2026)
arises from the Defendant's data security failures that resulted to
the January 2026 data breach affecting approximately two million
records containing personally identifiable information.
According to the complaint, the said data breach is attributable to
the ShinyHunters cybercrime group who claims responsibility for the
attack. The hackers have made available more than 400 MB of
compressed files for download on their website after Defendant
refused to pay a ransom.
As a result, the Plaintiffs and Class Members are at substantially
increased risk of future identity theft, both currently and for the
indefinite future. Accordingly, the Plaintiffs brings claims for
negligence, breach of implied contract, unjust enrichment, and
declaratory and injunctive relief.
Headquartered in San Francisco, CA, Crunchbase Inc. operates as a
predictive private intelligence solution company. [BN]
The Plaintiffs are represented by:
Sylvie Bourassa, Esq.
Christian Levis, Esq.
Amanda G. Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: clevis@lowey.com
afiorilla@lowey.com
sbourassa@lowey.com
- and -
Anthony M. Christina, Esq.
LOWEY DANNENBERG, P.C.
One Tower Bridge
100 Front Street, Suite 520
West Conshohocken, PA 19428
Telephone: (215) 399-4770
Facsimile: (914) 997-0035
E-mail: achristina@lowey.com
CVS PHARMACY: Court Lifts Stay of Securities Suit
-------------------------------------------------
In the class action lawsuit captioned as SHEET METAL WORKERS LOCAL
NO. 20 WELFARE AND BENEFIT FUND; and INDIANA CARPENTERS WELFARE
FUND, on behalf of themselves and all others similarly situated, v.
CVS PHARMACY, INC., Case No. 16-cv-046-JJM-PAS (D.R.I.), the Hon.
Judge John Mcconnell, Jr. entered an order modifying rulings as
follows:
-- The Court's earlier stay is lifted;
-- The claims of TPPs with delegated arbitration agreements
governed by Arizona, California, Delaware, the District of
Columbia, Florida, Georgia, Hawaii, Iowa, Kentucky, Louisiana,
Maryland, Massachusetts, Michigan, Minnesota, Missouri,
Nevada, New York, North Carolina, Ohio, Pennsylvania, Rhode
Island, South Dakota, Tennessee, Texas, Utah, Virginia,
Washington, and West Virginia law are dismissed;
-- The claims of TPPs with delegated arbitration agreements
governed by Colorado, Illinois, Indiana, New Jersey, Oregon,
and Wisconsin law may proceed; and
-- The Caremark and MedImpact Subclasses are eliminated.
The case is a class action consisting of two consolidated cases.
Plaintiffs are third party payors ("TPPs") or health plans that
offer their members prescription drug insurance at subsidized or
reduced costs.
CVS distributes pharmaceutical products.
A copy of the Court's memorandum and order dated Feb. 3, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=Zc8o0m
at no extra charge.[CC]
DETMAR LOGISTICS: Stears Seeks Extension of Briefing Deadlines
--------------------------------------------------------------
In the class action lawsuit captioned as TIMOTHY STEARS, AMANDA
WILSON, and JOSEPH GREEN, individually and on behalf of all other
similarly situated persons, v. DETMAR LOGISTICS LEASING, LLC and
DETMAR LOGISTICS, LLC, Case No. 5:24-cv-00593-HJB (W.D. Tex.), the
Parties ask the Court to enter an order granting a four-week
extension of the briefing deadlines for the Plaintiffs' motion for
class certification.
The Parties make this request to account for the time the Parties
have spent diligently working to resolve outstanding class
certification discovery beyond the Jan. 9, 2026, discovery deadline
in this matter.
If the Court grants the Parties' request for a four-week extension,
the new deadlines will be as follows:
-- On or before March 13, 2026, the Plaintiffs must file a motion
for Rule 23 class certification [limited to 30 pages].
-- the Defendants must respond to the Plaintiffs' motion for
class certification on or before April 10, 2026 [limited to 30
pages].
-- The Plaintiffs may reply to the Defendants' response on or
before May 8, 2026 [limited to 20 pages].
The requested extension will afford the Parties sufficient time to
prepare the class certification briefing after accounting for the
time the Parties expended resolving these discovery issues beyond
the Pre-Class Certification Discovery deadline.
Detmar is a logistics company that specializes in last mile
delivery of frac sand for the oil & gas industry.
A copy of the Parties' motion dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=54zD7P at no extra
charge.[CC]
The Plaintiffs are represented by:
Rebecca King, Esq.
Whitney Flanagan, Esq.
GETMAN, SWEENEY & DUNN, PLLC
260 Fair Street
Kingston, NY 12401
Telephone: (845) 255-9370
Facsimile: (845) 255-8649
E-mail: rking@getmansweeney.com
wflanagan@getmansweeney.com
- and -
Austin Kaplan, Esq.
Caitlin Boehne, Esq.
Andrew Eckhous, Esq.
J. Bryan Wood, Esq.
KAPLAN LAW FIRM, PLLC
2901 Bee Cave Road, Ste. G
Austin, TX 78746
Telephone: (512) 553-9390
Facsimile: (512) 692-2788
E-mail: akaplan@kaplanlawatx.com
cboehne@kaplanlawatx.com
aeckhous@kaplanlawatx.com
bwood@kaplanlawatx.com
The Defendants are represented by:
Omer Salik, Esq.
E. Leon Carter, Esq.
Linda R. Stahl, Esq.
Stacey Cho Hernandez, Esq.
Nichol M. John, Esq.
CARTER ARNETT PLLC
8150 N. Central Expressway, Suite 500
Dallas, TX 75206
Telephone: (214) 550-8188
Facsimile: (214) 550-8185
E-mail: osalik@carterarnett.com
lcarter@carterarnett.com
lstahl@carterarnett.com
shernandez@carterarnett.com
njohn@carterarnett.com
- and -
David M. Prichard, Esq.
PRICHARD YOUNG, L.L.P.
10101 Reunion Place, Suite 600
San Antonio, TX 78216
Telephone: (210) 477-7400
Facsimile: (210) 477-7450
E-mail: dprichard@prichardyoungllp.com
ELMER W. DAVIS INC: Schwarzott Files Suit in N.Y. Sup. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Elmer W. Davis, Inc.
The case is styled as Jacob Schwarzott, on behalf of himself and
all others similarly situated v. Elmer W. Davis, Inc., Case No.
E2026003612 (N.Y. Sup. Ct., Albany Cty., Feb. 12, 2026).
The nature of suit is stated as Torts - Other Negligence (Data
Breach Class Action).
Elmer W. Davis, Inc. -- https://elmerdavis.com/ -- has been a
leader in commercial roofing since 1936, offering a diverse range
of roofing systems including EPDM, TPO, PVC, built-up roofing.[BN]
The Plaintiff is represented by:
Alyssa Tolentino, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Ave., Suite 500
New York, NY 10151
Phone: (929) 632-0267
Email: atolentino@sirillp.com
EMERSON EQUITY: Armen Securities Suit Removed to C.D. Calif.
------------------------------------------------------------
The case styled as LIDA ARMEN, on behalf of herself and all others
similarly situated, Plaintiff v. TONY BAROUTI, an individual, and
EMERSON EQUITY, LLC, a California corporation and DOES 1 through
10, inclusive, Defendants, Case No. 25STCV35753, was removed from
the Los Angeles County Superior Court, Stanley Mosk Courthouse,
California, to the United States District Court, for the Central
District of California on February 11, 2026.
The District Court Clerk assigned Case No. 2:26-cv-01432 to the
proceeding.
The action arises under the laws of the United States because all
of Plaintiff's claims are precluded by the Securities Litigation
Uniform Standard Act of 1998.
Emerson Equity, LLC provides investment advisory services. The
Company offers investment advice, portfolio management, securities,
and other financial services.[BN]
The Defendants are represented by:
Wendy M. Thomas, Esq.
Kellen Adams, Esq.
TADJEDIN THOMAS & ENGBLOOM LAW GROUP LLP
6101 West Centinela Avenue, Suite 270
Culver City, CA 90230
Telephone: (310) 362-4970
E-mail: wendyt@ttelawgroup.com
kellena@ttelawgroup.com
EQT TGHL: Appeals Court Order in Taylor Fraud Suit to 4th Circuit
-----------------------------------------------------------------
EQT TGHL EXPLORATION, LLC, et al. are taking an appeal from a court
order in the lawsuit entitled Ralph Taylor, et al., individually
and on behalf of all others similarly situated, Plaintiffs v. EQT
TGHL Exploration, LLC, et al., Defendants, Case No.
5:24-cv-00082-JPB, in the U.S. District Court for the Northern
District of West Virginia.
As previously reported in the Class Action Reporter, the nature of
suit is stated as Other Fraud.
The appellate case is entitled EQT TGHL Exploration, LLC v. Ralph
Taylor, Case No. 26-125, in the United States Court of Appeals for
the Fourth Circuit, filed on February 18, 2026. [BN]
Plaintiffs-Respondents RALPH TAYLOR, et al., individually and on
behalf of all others similarly situated, are represented by:
Mark A. Kepple, Esq.
BAILEY & WYANT PLLC
1219 Chapline Street
Wheeling, WV 26003
Telephone: (304) 233-3100
Defendants-Petitioners EQT TGHL EXPLORATION, LLC, et al. are
represented by:
Amanda Rose Cashman, Esq.
Thomas Charles Ryan, Esq.
Emily Celeste Weiss, Esq.
K&L GATES, LLP
210 6th Avenue
Pittsburgh, PA 15222
Telephone: (412) 355-6331
(412) 355-8335
(717) 355-7411
- and -
Ragan Naresh, Esq.
Charles Stephen Nary, Esq.
KIRKLAND & ELLIS, LLP
1301 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: (202) 879-5267
(202) 389-3231
EXPRESS SCRIPTS: Faces Class Action Suit Over Kickback Scheme
-------------------------------------------------------------
A report says that PBM is accused of enriching itself through a
fraudulent kickback scheme while its customers missed out on
billions of dollars in drug rebates.
In a rough month for one of the US's largest pharmacy benefit
managers (PBM), Express Scripts has been hit with a class action
lawsuit accusing the company of running a kickback scheme that
diverted billions of dollars in drug rebates from customers, just
weeks after it entered a settlement agreement with the US Federal
Trade Commission (FTC) to resolve claims it artificially inflated
the price of insulin.
Kickbacks
At the crux of the class action is allegations of an "elaborate,
fraudulent scheme" carried out by Express Scripts since April 2019,
through which the PBM collected "exorbitant" kickbacks and bribes
from drug companies in return for formulary access and favourable
formulary placements, whereby high-price drugs were favoured over
lower-cost drugs promised to its customers. In doing so, Express
Scripts turned its back on its promise to "drive down prescription
drug costs" for its customers through negotiations with drug
companies and drug formulary management, the lawsuit alleges.
The claim was filed on February 17 with the U.S. District Court for
the Northern District of Northern Illinois by US litigation
boutique Bernstein Litowitz Berger & Grossmann (BLB&G) on behalf of
the Plumbers' Welfare Fund, which provides health care benefits for
members of Chicago-based union Plumbers Local 130.
Ascent
Sitting at the heart of the alleged scheme is Swiss-based Ascent
Health Services, a subsidiary of Express Scripts' parent company
Cigna, which has been named as a defendant in the complaint.
According to the claimants, Ascent was formed under the guise of
taking over Express Scripts' rebate administration functions. In
reality, they say, the PBM funnelled bribes and kickbacks demanded
from drug companies to Ascent while misclassifying the payments as
legitimate fees to avoid its contractual obligations to share
rebates with customers such as Plumbers' Welfare Fund.
Cigna's chief medical officer Steve Miller has admitted that
Ascent's creation had enabled Express Script and its parent
companies Cigna and Evernorth (also a defendant in the proceedings)
to "double, triple dip on fees" without its customers ever knowing.
Express Script is alleged to have falsely represented to its PBM
customers that the drug companies' payments to Ascent were "not
considered for PBM formulary placement".
RICO enterprises
The lawsuit alleges the establishment of a series of bilateral RICO
enterprises -- partnerships used as a base for racketeering
activity under the Racketeer Influenced and Corrupt Organizations
Act (RICO Act) -- involving the defendants and Ascent on one side
and, on the other side, almost all the major drug companies in the
US. Pfizer, Sanofi, Novo Nordisk, Novartis and Johnson & Johnson
are among the long list of companies named as participants in the
fraudulent enterprises.
The lawsuit alleges five counts of action, including violations of
the RICO Act, breach of contract, breach of the implied covenant of
good faith and fair dealing, and unjust enrichment.
Plumbers' Welfare Fund, Local 130 and the class are being
represented by Avi Josefson, Michael Blatchley, Li Yu, Peter
Russell and Haley Tobin of BLB&G, Joseph Meltzer and Terence
Ziegler of Kessler Topaz Meltzer & Check, and James Cecchi, Donald
Ecklund and Zachary Jacobs of Carella Byrne Cecchi Brody Agnello.
"This is simply the latest example of healthcare companies abusing
a highly complex, intentionally opaque system to take advantage of
their customers," said BLB&G senior partner Avi Josefson in a
statement. "This kind of misconduct increases costs and limits
access for millions of Americans and can no longer be tolerated."
Plumbers Local 130 business manager and Plumbers' Welfare Fund
co-chairman James Coyne added: "For far too long, America's working
men and women who rely on our corporate healthcare system have been
grossly overcharged, and denied access to affordable care. A major
corporation like Express Scripts, that takes kickbacks from drug
companies rather than protecting the interests of its clients,
needs to be held accountable."
FTC settlement
On 6 February, the FTC confirmed that it had entered into a
settlement agreement with Express Scripts, resolving a lawsuit
accusing the PBM of engaging in anticompetitive and unfair rebating
practices to artificially inflate the list price of insulin drugs
-- with excess costs ultimately borne by vulnerable patients. The
settlement included a commitment from Express Scripts to enact
"fundamental changes" to its business practices that the FTC says
will "drive down patients' out-of-pocket costs for drugs like
insulin by up to USD 7 billion over 10 years".
Express Scripts was dealt another blow this month when a US
district judge refused to dismiss a class action lawsuit alleging
the PBM sold confidential health data to Facebook and Meta. [GN]
FCA US: Settles Chrysler Emission Warranty Class Action Lawsuit
---------------------------------------------------------------
Top Class Actions reports that FCA US agreed to a class action
lawsuit settlement to resolve claims it failed to provide
appropriate warranty coverage for emissions-related parts in
certain Chrysler 200 vehicles.
The Chrysler settlement benefits individuals who purchased a
2015-2017 Chrysler 200 vehicle that was originally sold as a
Partial Zero Emission Vehicle (PZEV) in California, Connecticut,
Delaware, Maine, Maryland, Massachusetts, Oregon, Pennsylvania,
Rhode Island, Vermont or Washington.
According to the class action lawsuit, FCA US failed to provide
appropriate warranty coverage for the MultiAir Actuator and Fuel
Injector components in Chrysler 200 PZEVs. Plaintiffs in the case
say these parts should have been covered under California emissions
laws.
FCA US is an automotive company that sells vehicles under brands
such as Chrysler, Jeep, Dodge, Fiat and Ram.
FCA US has not admitted any wrongdoing but agreed to pay an
undisclosed sum to resolve the emissions warranty class action
lawsuit.
Under the terms of the Chrysler settlement, class members can
receive a warranty extension for their Chrysler 200 PZEV. This
warranty extension will cover the costs of replacing a failed
MultiAir Actuator or Fuel Injector for 15 years from the vehicle's
in-service date or 150,000 miles driven, whichever comes first.
Class members can also receive reimbursement for past repairs
related to a failed MultiAir Actuator or Fuel Injector. To receive
reimbursement, class members must provide proof of payment and
documentation identifying the vehicle, owner, component repaired
and repair facility.
The deadline for exclusion and objection is April 2, 2026.
The final approval hearing for the FCA US Chrysler 200 emissions
warranty class action settlement is scheduled for June 4, 2026.
To receive settlement benefits, class members must submit a valid
claim form by March 30, 2026.
Who's Eligible
Consumers who purchased a model-year 2015-2017 Chrysler 200 vehicle
that was originally sold as a Partial Zero Emission Vehicle in
California, Connecticut, Delaware, Maine, Maryland, Massachusetts,
Oregon, Pennsylvania, Rhode Island, Vermont or Washington.
Potential Award
Service reimbursement, extended warranty
Proof of Purchase
Proof of payment, such as a paid invoice, receipt or credit card
statement showing the amount paid and date of service;
documentation identifying the vehicle, including the VIN, owner,
the component repaired and the name and contact information of the
repair facility.
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
03/30/2026
Case Name
Thompson, et al. v. FCA US LLC, Case No. 2:21-cv-09815, in the U.S.
District Court for the District of Central California
Final Hearing
06/04/2026
Settlement Website
MultiairActuatorFuelInjectorSettlement.com
Claims Administrator
Thompson, et al. v. FCA US LLC
c/o Kroll Settlement Administration
P.O. Box 225391
New York, NY 10150-5391
forms@multiairactuatorfuelinjectorsettlement.com
(833) 754-8511
Class Counsel
Jordan L. Lurie
Ari Y. Basser
POMERANTZ LLP
Robert L. Starr
LAW OFFICE OF ROBERT L. STARR
Defense Counsel
Stephen A. D'Aunoy
KLEIN THOMAS LEE & FRESARD [GN]
FLOATME CORP: Loses Arbitration Bid in Military Lending Act Suit
----------------------------------------------------------------
In the case captioned as Aaron Burrison, individually, and on
behalf of all others similarly situated, Plaintiff, v. FloatMe,
Corp., Defendant, Case No. 25-cv-10885-DJC (D. Mass.), Chief Judge
Denise J. Casper of the United States District Court for the
District of Massachusetts denied Defendant's motion to compel
arbitration in its entirety and stay court proceedings pursuant to
the Federal Arbitration Act in this putative class action alleging
violations of the Military Lending Act, 10 U.S.C. Section 987, and
the Truth in Lending Act, 15 U.S.C. Section 1601 et seq.
Plaintiff Aaron Burrison filed this action on April 10, 2025, on
behalf of himself and two proposed classes generally encompassing
any active duty servicemember or dependent, or other individual in
the United States, who signed up for a FloatMe account and paid
money to Defendant. At all relevant times, Plaintiff was an active
duty servicemember with the U.S. Coast Guard. Defendant operates an
online platform offering cash advances, which it calls Floats,
described as free advances of funds to help users cover emergency
expenses or avoid overdrafts. Plaintiff signed up for a FloatMe
account on December 7, 2022, and obtained forty-five advances from
Defendant, totaling $1,740. Plaintiff did not opt out of the
arbitration provision contained in Defendant's Terms of Service.
Whether the MLA Displaces the FAA
The Court found that the plain text of the Military Lending Act
demonstrates that Congress intended to preclude enforcement of
arbitration agreements against servicemembers in disputes involving
the extension of consumer credit. Section 987(e)(3) makes it
unlawful to extend consumer credit to a covered member if the
creditor requires the borrower to submit to arbitration. Section
987(f)(4) provides that notwithstanding Section 2 of the Federal
Arbitration Act, or any other Federal or State law, rule, or
regulation, no agreement to arbitrate any dispute involving the
extension of consumer credit shall be enforceable against any
covered member or dependent of such a member.
Defendant argued that Section 987(f)(4) cannot be understood as a
per se ban on arbitration because construing it as such would
render Section 987(e)(3) superfluous. The Court rejected this
argument, agreeing with the reasoning that Section 987(e)(3) and
Section 987(f)(4) operate in different ways: the former makes it
unlawful to include mandatory arbitration clauses in covered loan
agreements and subjects a violator to civil or criminal liability,
whereas the latter renders such provisions unenforceable as against
the borrower. Accordingly, the Court concluded that the
prohibitions serve different purposes, and neither renders the
other superfluous.
Whether the MLA Applies
The Court assessed whether Defendant's cash advances constituted
consumer credit under the MLA, applying a three-part framework: (a)
credit, (b) consumer credit, and (c) creditor status.
On the question of credit, the Court found that Plaintiff plausibly
alleged that Defendant's model, under which users must link their
bank accounts and authorize automated debits on the scheduled
repayment date, squarely falls within the definition of credit as
the right to incur debt and defer its payment.
On consumer credit, the Court concluded that Plaintiff plausibly
alleged that Defendant advanced cash to him primarily for personal,
family, or household purposes. Defendant marketed its Floats as
fast cash when users need it, allowing eligible members to borrow
up to $50 between paydays, and many advertisements encouraged
consumers to take small amounts to pay for living or emergency
expenses. The Court further concluded that at least the expedite
fee Defendant charged plausibly represented a finance charge
imposed as an incident to or a condition of the extension of
credit.
On creditor status, the Court found that Plaintiff plausibly
alleged Defendant extended consumer credit to covered borrowers
more than twenty-five times in the relevant period. Plaintiff
alleged that Defendant extended thousands of usurious loans to
covered borrowers and entered into millions of credit transactions
with consumers since at least 2020. The Court also noted that
Defendant's Chief Executive Officer attested that Plaintiff alone
obtained forty-five advances after signing up in December 2022.
Defendant argued that the Court should compel arbitration of
Plaintiff's Truth in Lending Act claim even if it denied the motion
as to the Military Lending Act claim. The Court rejected this
argument, finding that the MLA's limitation on the enforcement of
arbitration agreements applies to any dispute involving the
extension of consumer credit, not just to claims brought under the
statute. Therefore, neither of Plaintiff's claims was found
arbitrable, and the Court declined to compel arbitration of the
Truth in Lending Act claim or to stay the litigation.
As to the class action waiver in the Terms of Service, the Court
found that it explicitly applied only to arbitration and therefore
presented no bar to Plaintiff pursuing his claims in court on a
class basis. The Court accordingly did not reach Plaintiff's
argument that the Military Lending Act prohibits class action
waivers.
A copy of the Court's decision dated February 17, 2026, is
available at https://urlcurt.com/u?l=0QLDxk from PacerMonitor.com.
Defendant FloatMe, Corp. is represented by Venyckles Amanda Witts
and Arielle Stephenson of Mitchell Sandler PLLC, and Matthew C.
Moschella and Eyal Schwartz of Sherin and Lodgen LLP. Plaintiff
Aaron Burrison is represented by Joshua Robert Jacobson of Jacobson
Phillips PLLC; John J. Roddy and Elizabeth A. Ryan of Bailey and
Glasser; and Randall K. Pulliam and Edwin Lee Lowther III of Carney
Bates and Pulliam PLLC.
FRANKLIN BSP: Rosen Law Investigates Potential Securities Claims
----------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Franklin BSP Realty Trust, Inc. (NYSE: FBRT)
resulting from allegations that Franklin BSP Realty Trust, Inc. may
have issued materially misleading business information to the
investing public.
So What: If you purchased Franklin BSP Realty Trust securities you
may be entitled to compensation without payment of any out of
pocket fees or costs through a contingency fee arrangement. The
Rosen Law Firm is preparing a class action seeking recovery of
investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=53434 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On February 12, 2026, Investing.com published
an article entitled "Franklin BSP Realty Trust earnings missed by
$0.16, revenue fell short of estimates." The article stated that
Franklin BSP Realty Trust had "reported fourth quarter EPS of
$0.120, $0.16 worse than the analyst estimate of $0.280. Revenue
for the quarter came in at $81.12M versus the consensus estimate of
$93.65M."
On this news, the price of Franklin BSP Realty Trust stock fell
14.18% on February 12, 2026.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. At the time Rosen Law Firm was Ranked
No. 1 by ISS Securities Class Action Services for number of
securities class action settlements in 2017. The firm has been
ranked in the top 4 each year since 2013 and has recovered hundreds
of millions of dollars for investors. In 2019 alone the firm
secured over $438 million for investors. In 2020, founding partner
Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar.
Many of the firm's attorneys have been recognized by Lawdragon and
Super Lawyers.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
GEICO: Parties Must Confer on Amended Scheduling Order
------------------------------------------------------
In the class action lawsuit captioned as ABBASSY v. GOVERNMENT
EMPLOYEES INSURANCE COMPANY, et al., Case No. 2:24-cv-05853
(D.N.J., Filed May 6, 2024), the Hon. Judge Esther Salas entered an
order directing the parties will meet and confer on an amended
scheduling order that (1) is mutually agreeable, (2) does not stay
or function as a stay of fact discovery, (3) provides a deadline
for submission of an agreed-upon discovery confidentiality order,
and (4) keys the deadlines for expert discovery regarding liability
and damages to a decision on the class-certification motion.
The suit alleges violation of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.
Government Employees Insurance Company is an American vehicle
insurance company.[CC]
GOOGLE LLC: New Privacy Feature Settlement Gets Court's Final OK
----------------------------------------------------------------
Margaret Attridge, writing for Courthouse News Service, reports
that a federal judge granted final approval to a class action
settlement in a case brought against Google over claims the
technology giant illegally sells users' personal information in
auctions for ad space.
U.S. District Judge Yvonne Gonzalez Rogers opened a hearing
Tuesday, February 17, by indicating she would grant final approval
of the settlement, while also reprimanding both parties for how
they handled the case.
"Nothing in this case has ever been simple. It is hard for me to
understand how plaintiffs in this action can argue this is a
complete win. It is not. You sought a significant amount of
damages, you lost on those fronts," the Barack Obama appointee
said.
"I'm not pleased with either side. I'm a broken record. You are not
going to get all the money you are asking for, and you are going to
pay more money than you wanted," she added, speaking to each
party's attorneys.
The plaintiffs sued the company in 2021, accusing the company of
having violated state and federal law by promising that it does not
sell account holders' personal information to third parties, while
repeatedly selling the data through real-time bidding (RTB)
auctions to advertisers.
The plaintiff Google account holders argued that Google solicits
participants to bid on sending an ad to people, using data about
each person in a bid request provided to the auction. This includes
data that identifies people through device identifiers, geolocation
and IP addresses, and highly detailed personal profile information
about people's interests, race, religion, sexual orientation and
health.
The plaintiffs claim auction participants receive information about
users and compete for space to send advertisements, with the
winning bidder paying Google. Even participants who do not win or
place a bid collect the personal data, the plaintiffs say.
The plaintiffs additionally claim that Google also allows
"surveillance participants" who have no interest in filling an ad
space but participate in auctions to get access to users' personal
information. They argue all of these practices earn revenue for
Google and that the company does not disclose the auction practice
or obtain consent from account holders.
The parties agreed to mediation in January 2025 and reached a
settlement in May.
Class members for the case include "all individual Google account
holders subject to a Google U.S. Terms of Service who have an
active Google account" as of the court's final approval order.
The settlement does not award class members monetary damages.
Instead, Google agreed to create a new control that allows U.S.
users to limit the information it shares with auction
participants.
Once enabled, the "RTB control" will restrict the amount of
personal information shared with auction participants, including
encrypted Google user IDs and IP addresses, making it more
difficult for auction participants to identify, target, or track
users. Users will be able to activate the new control regardless of
whether they are signed in or out of their Google account.
Elizabeth Pritzker of Pritzker Levine, an attorney for the
plaintiffs, told the judge that the settlement "proposes sweeping
business practice changes" that protect personal information from
auction.
"What this settlement does is limit data flow to RTB," she said.
"It means personal, targeted, identifiable information will no
longer be sold to third parties. It's huge, enormous and never been
done before."
Google additionally agreed to send an email to all U.S. account
holders with information about the RTB control, as well as create a
webpage and additional disclosures on the new option.
Plaintiffs' attorney Jonathan Levine of Pritzker Levine said the
RTB will make any information sent to auction "non-personalized in
a way that has never been done before," and that the disclosures
are the first time Google will be detailing its ad auction
business.
"This is described as a sea change in how Google operates in ads,"
he said.
Eligible users will be able to opt in and out of the option to
limit the amount of their information shared for three years. After
that period, Google can decide to continue offering the option or
deviate from the agreement.
Levine said that the three-year injunctive period was standard for
cases of this nature, given the rapid pace of technological change.
While the judge said she would approve the settlement, she
chastised the parties for their fight over how much to award the
plaintiffs in attorney's fees.
The plaintiffs estimate the minimum economic value of the
settlement to be $1.4 billion, while Google evaluates the agreement
at a minimum of $740 million. Google asked the judge to award less
attorneys' fees to the plaintiffs because they were not successful
in getting the relief they requested in their initial complaint.
"Injunctive relief is less than a percentage point for the class;
they are delivering no damages, no monetary recovery to the class,"
Whitty Somvichian of Cooley, an attorney for Google, said. "They
went after two things and got one."
The plaintiffs defended the settlement, arguing that their claims
focused on changing the RTB auction practice, and that the
agreement offers "real, meaningful protection" for users who will
have control over whether their data is sold by Google or not.
"We achieved those litigation objectives through a lot of hard work
and hard battle," Pritzker said.
Gonzalez Rogers seemed skeptical of the plaintiffs' claims of
success and questioned them on why they agreed to an opt-out model
that requires users to go in and manually turn off the control,
versus an opt-in model, which would automatically apply to every
user.
The judge further floated the idea of tying the plaintiff
attorney's payout to how successful they were at promoting the new
opt-out option, a suggestion the plaintiffs strongly opposed.
"At this point, you guys want to get paid, but if it's hidden, you
get paid, they have business as usual, and yeah, maybe some people
will take advantage," Gonzalez Rogers said.
Despite her strong words for the plaintiffs, the judge placed equal
blame on Google for making the case more difficult by stretching
out litigation and causing attorney's' fees to increase
dramatically.
"You're not an easy defendant to fight against," she told Google.
"You fight against everything. Why should they be damaged because
Google is a bottomless pit and willing to pay lawyers to fight?"
Gonzalez Rogers took the plaintiffs' motion for attorney's fees
under submission and did not say when she would release a
decision.
After the hearing, a Google spokesperson told Courthouse News that
they are "pleased to put this case behind us."
"We do not sell or share personal data, and we already have the
strictest real-time bidding restrictions in the industry," they
said in an email statement.
A representative for the plaintiffs did not immediately respond to
a request for comment. [GN]
GREEN 70: Ruiz Wins Bid for Conditional Status of FLSA Collective
-----------------------------------------------------------------
In the class action lawsuit captioned as EDILBERTO RUIZ, on behalf
of himself, FLSA Collective Plaintiffs, and the Class, v. GREEN 70
LLC, d/b/a Green Kitchen, et al, Case No. 1:25-cv-05777-JMF
(S.D.N.Y.), the Hon. Judge Furman entered an order granting Ruiz's
motion for conditional certification of a Fair Labor Standards Act
(FLSA) collective action and for approval of notice and a "consent
to sue" form.
Ruiz has carried his "low" burden at this stage of making a "modest
factual showing" that he and "potential opt-in plaintiffs together
were victims of a common policy or plan that violated the law."
The Defendants' assertions that the restaurants are each
independently owned and operated, are belied by evidence that the
restaurants share names, logos, principals, liquor licenses,
websites, and social media presences, not to mention employees and
supplies.
Additionally, Ruiz's proposed collective action notice and "consent
to sue" form, are approved, subject to the following rulings:
-- Ruiz's categorical request for equitable tolling of the
statute of limitation is denied -- without prejudice to an
application from any opt-in plaintiff based on an
individualized showing that tolling is warranted.
-- As preliminary certification relates solely to the FLSA,
Ruiz's request for notice to be sent to all non-exempt
employees employed by Defendants for the six-year period prior
to the filing of the Complaint is denied.
In light of this ruling, the pretrial conference scheduled for
tomorrow, February 6, 2026, at 11:00 a.m. is converted to a
telephone conference.
The Defendant operates a restaurant known as Green Kitchen.
A copy of the Court's memorandum and order dated Feb. 5, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=0DIZNL
at no extra charge.[CC]
GROUND PENETRATING: Gonzalez Labor Suit Removed to N.D. Calif.
--------------------------------------------------------------
The case styled JOSE GONZALEZ, an individual, on behalf of all
others similarly situated, Plaintiff v. GROUND PENETRATING RADAR
SYSTEMS, LLC, a Delaware limited liability company; and DOES 1
through 50, Defendants, Case No. CGC-25-631963, was removed from
the Superior Court of the State of California, County of San
Francisco, to the U.S. District Court for the Northern District of
California on February 12, 2026.
The Clerk of Court for the Northern District of California assigned
Case No. 3:26-cv-01331 to the proceeding.
The class action arises from Defendant's alleged violations of the
California Labor Code and the California Business and Professional
Code in connection with Defendant's failure to pay for
off-the-clock work, failure to pay overtime, failure to provide
Plaintiff and other non-exempt employees working in California with
compliant meal periods and rest breaks, failure to reimburse
necessary business expenditures, failure to pay all wages at
separation, and failure to furnish accurate itemized statements.
Ground Penetrating Radar Systems, LLC provides detection of
underground utilities, video pipe inspection, scanning of concrete
structures, and inspection services. [BN]
The Defendant is represented by:
Timothy J. Long, Esq.
GREENBERG TRAURIG, LLP
400 Capitol Mall, Suite 2400
Sacramento, CA 95814
Telephone: (916) 442-1111
Facsimile: (916) 448-1709
E-mail: longt@gtlaw.com
- and -
Nathan Kenji Norimoto, Esq.
GREENBERG TRAURIG, LLP
101 Second Street, Suite 2200
San Francisco, CA 94105-3668
Telephone: (415) 655-1300
Facsimile: (415) 707-2010
E-mail: nathan.norimoto@gtlaw.com
HERMES INTERNATIONAL: Buyers Ask Appeals Court to Reinstate Suit
----------------------------------------------------------------
Mike Scarcella of Reuters reports that a trio of Hermes shoppers
has asked a U.S. appeals court to reinstate their lawsuit accusing
the French luxury house of illegally forcing buyers to spend
thousands of dollars on its products before they can purchase one
of the fashion brand's famed Birkin handbags.
The consumers in a court filing, on Tuesday, February 17, told the
San Francisco-based 9th U.S. Circuit Court of Appeals that a lower
judge applied the wrong legal standard in dismissing the proposed
class action last year.
The plaintiffs said they "plausibly alleged that Hermes conditions
access to the Birkin handbag, its most iconic product, on the
purchase of ancillary Hermes products that customers do not want or
would prefer to buy from competitors."
They said the alleged "tying" arrangement, where the sale of a
Birkin handbag is contingent on shoppers purchasing other Hermes
items, violates federal antitrust law.
Hermes did not immediately respond to a request for comment.
Glenn Danas, an attorney for the plaintiffs, said in a statement
that Hermes' sales practices for Birkin handbags amount to
"quintessential anticompetitive conduct" and that they looked
forward to presenting their appeal.
U.S. District Judge James Donato in San Francisco dismissed the
case in September, siding with Hermes. The company had argued that
sales of Birkin bags, which are handmade and can cost thousands of
dollars, take place in a competitive market.
Donato told lawyers for the plaintiffs at a 2024 hearing that if
Hermes "chooses to make five Birkin bags a year and charge a
million to them, it can do that."
The consumers in their 9th Circuit filing faulted Donato for
rejecting their definition of the market for elite luxury handbags
in the United States, which was a threshold issue for the case.
They also said Donato applied an overly stringent antitrust
standard that demanded greater specificity and proof than what
should have been required at an early stage of the litigation.
The case is Cavalleri v. Hermes International, 9th U.S. Circuit
Court of Appeals, No. 25-6587.
For plaintiffs: Glenn Danas of Clarkson Law Firm; Shaun Setareh of
Law Office of Shaun Setareh; and Joshua Haffner of Haffner Law
For Hermes: Christopher Yates, Belinda Lee and Ashley Bauer of
Latham & Watkins [GN]
HERSHEY COMPANY: Lane et al. Sue Over Mislabeled Reese Products
---------------------------------------------------------------
JAIMIE LANE, DENNIS GATTO, Jr., PAIGE JOHNS, and JENNIFER COLE,
individually and on behalf of all others similarly situated,
Plaintiffs v. The Hershey Company, Defendant, Case No.
1:26-cv-00824 (E.D.N.Y., February 12, 2026) accuses the Defendant
of violating the New York General Business Law, the Massachusetts
Consumer Protection Act, the Rhode Island Unfair Trade Practices
and Consumer Protection Act, the Oregon Unlawful Trade Practices
Act, and the District of Columbia Consumer Protection Procedures
Act.
The Plaintiffs bring this action against the Defendant on behalf of
themselves and all others similarly situated who purchased a
Reese's Chocolate and Peanut Butter products in a package or
wrapper that falsely represented that there were carved artistic
designs on the products.
The Plaintiffs assert that there are no such carvings on the actual
products. Moreover, Hershey's packaging for these themed products
is materially misleading, and consumers are routinely deceived by
the pictures on the themed products' packaging, says the
Plaintiff.
The Hershey Company is a multinational confectionery company
headquartered in Hershey, PA. [BN]
The Plaintiffs are represented by:
Alexander H. Schmidt, Esq.
ALEXANDER H. SCHMIDT, ESQ.
5 Professional Circle, Suite 204
Colts Neck, NJ 07722
Telephone: (732) 226-0004
E-mail: alex@alexschmidt.law
HF SINCLAIR: Aitwal Consumer Suit Removed to D. Colo.
-----------------------------------------------------
The case styled as KOUSUM AITWAL; SEAN BERRY; DORITA CHRONISTER;
RACHEL COLLINGWOOD; ASHLEY COOPER; ASHLEY DANIELSON; RYAN DISHNOW;
DYLAN FERNANDEZ; FELIMON FLORES AZANZA; KAELA FSOLTZ; GILBERT
GARCIA; CONSTANTINA GARCIA; SUSANA GONZALEZ; CASIDY LUDWIG; RYAN
MAHON; JAKE NEEL; JOSEPH NITURA; CHIEMELA NNAJI; MARGARET ROUGHTON;
MARK STEINBECK; SCOTT THOMAS; and JUDY ZOTTO, individually and on
behalf of all similarly situated persons, Plaintiffs v. HF SINCLAIR
REFINING & MARKETING, LLC; SINCLAIR OIL, LLC and/or HF SINCLAIR
CORPORATION; CIRCLE K STORES INC. - ROCKY MOUNTAIN DIVISION; COSTCO
WHOLESALE CORPORATION; DILLON COMPANIES, LLC d/b/a KING SOOPERS/
CITY MARKET/ KING SOOPERS FUEL CENTERS; K & D ENTERPRISE INC. n/k/a
NS PROPERTIES LLC; MAJOR LLC d/b/a WEST EVANS CONOCO/WEST EVANS
SINCLAIR; MURPHY OIL USA INC. d/b/a MURPHY EXPRESS; S&S FUELS
MANAGEMENT LLC; SAFEWAY STORES 45 INC.; TAGHAVI INC.; and TWIN STAR
ENERGY LLC, Defendants, Case No. 2026cv30152, was removed from the
District Court of Denver County, Colorado, to the United States
District Court for the District of Colorado on February 11, 2026.
The Clerk of Court for the District of Colorado assigned Case No.
1:26-cv-00543 to the proceeding.
In the amended complaint, the Plaintiffs claim, individually and on
behalf of the putative class, that HF Sinclair delivered gasoline
labeled as regular unleaded which was contaminated by and/or
interchanged with diesel fuel to the other named defendants,
operators of gas stations, who then sold that gas to hundreds of
Colorado drivers on January 7 and January 8, 2026.
The Plaintiffs' amended complaint sets forth these causes of action
against all Defendants: (i) violation of the Colorado Consumer
Protection Act; (ii) common law negligence; and (iii) strict
liability and product defect. The Plaintiffs also assert a claim
for breach of warranty against the Gas Station Defendants.
HF Sinclair Refining & Marketing, LLC is an independent petroleum
refiner in the United States.[BN]
The Defendants are represented by:
Michael L. O'Donnell, Esq.
Galen D. Bellamy, Esq.
Eric L. Robertson, Esq.
Danielle L. Trujillo, Esq.
WHEELER TRIGG O'DONNELL LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202
Telephone: (303) 244-1800
Facsimile: (303) 244-1879
E-mail: odonnell@wtotrial.com
bellamy@wtotrial.com
robertson@wtotrial.com
trujillo@wtotrial.com
HONDA DEVELOPMENT: Parties Must File Bid for Settlement Approval
----------------------------------------------------------------
In the class action lawsuit captioned as BRANDON WHATLEY, on behalf
of himself and others similarly situated, v. HONDA DEVELOPMENT &
MANUFACTURING OF AMERICA, LLC, Case No. 2:22-cv-04372-EAS-KAJ (S.D.
Ohio), the Hon. Judge Edmund Sargus, Jr. entered an order directing
the parties to file a joint motion for approval of their settlement
or a status report regarding the status, not substance, of the
settlement.
On Jan. 29, 2026, the Parties filed a Joint Status Report
indicating that they are still finalizing the settlement agreement
and joint motion for approval of the same, and they need an
additional 21 days to ensure they meet the standards required for
Court approval.
Honda manufactures automobiles and engines.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=v2Off2 at no extra
charge.[CC]
IGLOO PRODUCTS: Court Narrows Claims in Lieber Suit
---------------------------------------------------
In the class action lawsuit captioned as JOE LIEBER, KAREN
ELIZABETH HARMS, AND DARIN STRAUSS, INDIVIDUALLY AND ON BEHALF OF
ALL OTHERS SIMILARLY SITUATED, v. IGLOO PRODUCTS CORP., Case No.
1:25-cv-00488-AMD-LKE (E.D.N.Y.), the Hon. Judge Ross entered an
order granting in part and denying in part the defendant Igloo's
motion to dismiss to the extent that the Plaintiffs' claims for
breach of express warranty and unjust enrichment are dismissed.
Accordingly, the Plaintiffs have failed to allege that they
provided Igloo with reasonably prompt notice. The Plaintiffs
provided defendant Igloo with notice only after commencing
litigation. Therefore, I grant the defendant's motion to dismiss as
to Plaintiffs' breach of express warranty claim.
Igloo's motion to dismiss for lack of standing as to unpurchased
Products is denied without prejudice, and "any specific concerns
regarding the Products' differences can be addressed at the class
certification stage." Judge Ross denies without prejudice Igloo's
motion to dismiss Plaintiffs' claims arising from unpurchased
Products. The Defendant may renew this argument at the class
certification stage.
The case involves a variety of products made and sold by defendant
Igloo Products Corp. marketed as "biodegradable," made of "recycled
content," and "Made in the USA." The Plaintiffs bring this suit
alleging that Igloo's representations are false and misleading,
constituting deceptive and unfair trade practices under New York
General Business Law ("NYGBL") section 349, false advertising under
NYGBL section 350, a breach of express warranty under N.Y. U.C.C.
Law section 2-313, and, in the alternative, unjust enrichment.
Igloo Products is an American manufacturer of ice chests, drink
containers, and supporting accessories.
A copy of the Court's opinion and order dated Feb. 2, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=bsbGeg
at no extra charge.[CC]
J.H. BAXTER: Bid to Decertify Class in Hart Suit Granted
--------------------------------------------------------
In the class action lawsuit captioned as Hart, et al., v. J.H.
Baxter & Co., Inc., et al., Case No. 6:21-cv-00663 (D. Or., Filed
April 30, 2021), the Hon. Judge Mustafa T. Kasubhai entered an
order granting unopposed motion to decertify the class and vacate
the appointment of class representatives and class counsel.
The Court's prior orders certifying the class are vacated.
Within 30 days of the date of this order, the parties are ordered
to submit final papers or a joint status report apprising the Court
of the status of settlement.
The nature of suit states Real Property -- Torts to Land.
J. H. Baxter is an American wood products treatment company.[CC]
JEFFERY LEVY: Scheduling Conference in Theo Set for March 19
------------------------------------------------------------
In the class action lawsuit captioned as THEO LEMASTERS, v. JEFFERY
LEVY, et al., Case No. 2:25-cv-11481-FMO-MAR (C.D. Cal.), the Hon.
Judge Fernando Olguin entered an order setting scheduling
conference as follows:
1. Counsel for the parties shall attend a scheduling conference
on March 19, 2026, at 10:00 AM.
2. No later than Feb. 26, 2026, counsel for all appearing
parties and all unrepresented appearing parties, if any,
shall meet, in person, telephonically or via video
conference, and discuss the matters set forth in Fed. R. Civ.
P. 26(f) ("Rule 26(f)").
3. No later than March 5, 2026, counsel for all appearing
parties, and all unrepresented appearing parties, if any,
shall file a Joint Rule 26(f) Report.
A copy of the Court's order dated Feb. 4, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j7vZAO at no extra
charge.[CC]
KAPPA4TEAM USA: Dalton Seeks Equal Website Access for the Blind
---------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. KAPPA4TEAM USA LLC, Defendant, Case No.
0:26-cv-01281-ECT-DTS (D. Minn., February 10, 2026) alleges that
Defendant's website, www.kappa-usa.com is not fully and equally
accessible to Plaintiff and other people who are blind or who have
low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act and
its implementing regulations.
The Plaintiff was injured when she attempted to access Defendant's
website from Minnesota but encountered barriers that denied her
full and equal access to Defendant's online goods, content, and
services, asserts the complaint.
Accordingly, the Plaintiff seeks a permanent injunction requiring a
change in Defendant's corporate policies to cause its online store
to become, and remain, accessible to individuals with visual
disabilities.
KAPPA4TEAM USA LLC operates the website that offers sports and
athletic apparel for sale including, but not limited to, tops,
bottoms, tracksuits, jackets, footwear, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
KONICA MINOLTA: Bid for Seal Class Cert Exhibits Terminated
-----------------------------------------------------------
In the class action lawsuit captioned as JAMES CEZUS, and other
similarly situated employees, v. KONICA MINOLTA, INC., et al., Case
No. 2:21-cv-00792-JXN-LDW (D.N.J.), the Hon. Judge Leda Dunn Wettre
entered an order that:
1. The Joint Motion to Seal 37 exhibits to the Plaintiff's
motion for class certification is terminated for failure to
comply with Local Civil Rule 5.3.
2. The parties shall file unredacted versions of the class
certification exhibits at issue under temporary seal pursuant
to Local Civil Rule 5.3(c)(4).
3. The parties shall thereafter file a revised motion to seal
only those portions of the class certification exhibits that
contain confidential or personal identifying information. The
revised motion to seal shall include proposed redacted
versions of the exhibits in question and a detailed
explanation of the "the legitimate private or public interest
which warrants the relief sought" and "the clearly defined
and serious injury that would result" if the exhibits are not
sealed.
4. The Clerk of Court is directed to terminate the motion at ECF
99.
Konica is a Japanese multinational technology company.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ozx3fN at no extra
charge.[CC]
KRISTI NOEM: Jacobo Wins Bid to Certify Noncitizens Class
---------------------------------------------------------
In the class action lawsuit captioned as VICTOR KALID JACOBO
RAMIREZ, et al., on behalf of themselves and others similarly
situated, v. KRISTI NOEM, et al., Case No. 2:25-cv-02136-RFB-MDC
(D. Nev.), the Hon. Judge Richard Boulware, II entered an order
granting the Plaintiffs' motion to certify class and appoint class
counsel.
The Court certifies the Class defined as follows:
"All noncitizens in the U.S. without lawful status (1) who are
or will be arrested or detained by ICE; (2) who are or will be
in removal proceedings before an Immigration Court within the
District of Nevada; (3) whom DHS alleges or will allege to
have entered the United States without inspection or parole;
(4) who are not or will not be subject to detention under 8
U.S.C. sections 1226(c), 1225(b)(1), or 1231 at the time they
are scheduled for or request a bond hearing; and (5) whose
most recent arrest by ICE occurred inside the United States
and not while arriving in the United States."
The Court further orders that the Plaintiffs Victor Kalid Jacobo
Ramirez and Edgar Michel Guevara Alcantar are appointed as
representatives of the Class, and that their counsel, American
Civil Liberties Union Foundation Immigrants' Rights Project,
American Civil Liberties Union of Nevada, and the UNLV Boyd School
of Law Immigration Clinic ("UNLV Immigration Clinic") are appointed
as class counsel for the Class.
The Court entered an order that Plaintiffs partial motion for
summary judgement, as discussed at the Dec. 19, 2025, hearing and
status conference is due on or before Feb. 13, 2026.
The Defendants' opposition is due on or before Feb. 23, 2026. The
Plaintiffs' reply is due on or before Feb. 27, 2026.
The Plaintiffs shall file any request for and proposed notice to
class members pursuant to Fed. R. Civ Proc. 23(c)(2)(A) on or
before February 13, 2026. The Defendants may file their opposition
to the proposed notice, if any, by Feb. 18, 2026.
Kristi Lynn Arnold Noem is an American politician who is the 8th
United States Secretary of Homeland Security.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M9Yuma at no extra
charge.[CC]
KROGER CO: McVay Must File Class Certification Bid by May 15
------------------------------------------------------------
In the class action lawsuit captioned as LaTina McVay v. The Kroger
Co., Case No. 2:25-cv-06176-SVW-RAO (C.D. Cal.), the Hon. Judge
Wilson entered an order granting in part and denying in part the
Defendant's motion to dismiss.
Specifically, the Court dismisses the Plaintiff's claims based on
an omission theory, claims based on non-purchased products, request
for injunctive relief, request for punitive damages, and
out-of-state claims brought on behalf of out-of-state class
members.
The Plaintiff is ordered to file a motion for class certification
by May 15, 2026.
Accordingly, the Court finds that Plaintiff only has standing to
bring claims related to the three products she purchased.
The Court concludes that Plaintiff has plausibly alleged the lack
of a remedy at law. Although the Plaintiff seeks "actual
damages"” she also pled that she is "entitled to equitable relief
as no adequate remedy at law exists." She alleged that legal
remedies may not equate to the price paid for the goods and may
require more stringent proof. She further alleged that the scope of
actionable misconduct under the unfair prong of the UCL is broader
than the other causes of action.
Relatedly, Plaintiff alleged that depending on the circumstances,
she and class members may be entitled to restitution under the UCL,
but not to damages under other causes of action. At least at this
stage, the complaint plausibly alleges Plaintiff lacks an adequate
legal remedy.
The Plaintiff McVay purchased three kinds of Abound dog food
products from Ralphs grocery stores near her home in North
Hollywood. Her last purchase of these dog food products was in
early 2025.
Kroger manufactures and sells Abound brand dog food products.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=IMnjgY at no extra
charge.[CC]
LAND O'LAKES: Parties Must File Amended Joint Scheduling Report
---------------------------------------------------------------
In the class action lawsuit captioned as Lenz, et al., v. Land
O'Lakes, Inc., Case No. 1:25-cv-01371 (E.D. Cal., Filed Oct. 15,
2025), the Hon. Judge Jennifer L. Thurston entered an order that
the parties shall file an amended joint scheduling report that
includes a proposed deadline for class discovery, class
certification motion briefing schedule, and hearing date.
No other dates or deadlines are required to be proposed, as the
Court will set all remaining deadlines at a further scheduling
conference following resolution of the class certification issue.
The nature of suit states Civil Rights -- Employment.
Land O'Lakes is an American member-owned agricultural
cooperative.[CC]
LAUNDRESS LLC: Ostenfeld Class Action Dismissed
-----------------------------------------------
In the class action lawsuit captioned as Ostenfeld v. The
Laundress, LLC et al (RE LAUNDRESS MARKETING AND PRODUCT LIABILITY
LITIGATION), Case No. 1:24-cv-00865-JMF (S.D.N.Y.), the Hon. Judge
Furman entered a dismissal order.
The Court entered an order that the action is dismissed and
discontinued without costs, and without prejudice to the right to
reopen the action within 60 days of the date of this Order if the
settlement is not consummated.
To be clear, any application to reopen must be filed by the
aforementioned deadline; any application to reopen filed thereafter
may be denied solely on that basis. Further, requests to extend the
deadline to reopen are unlikely to be granted.
If the settlement in this action requires judicial approval -- for
example, because it involves a class action, see Fed. R. Civ. P.
23(e), "an infant or incompetent person," -- the parties must file
a letter within three business days of the entry of this Order
alerting the Court and proposing a schedule for seeking such
approval.
Any pending motions are moot. All conferences are canceled. The
Clerk of Court is directed to terminate and to close Case No.
24-CV-865.
Laundress provides plant-derived laundry and home cleaning
products.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lUyS5C at no extra
charge.[CC]
LAUNDRESS LLC: Safran Class Action Dismissed
--------------------------------------------
In the class action lawsuit captioned as David Safran v. The
Laundress LLC, et al., Case No. 1:24-cv-00865-JMF (S.D.N.Y.), the
Hon. Judge Furman entered an order dismissing Safran case and
discontinuing without costs, and without prejudice to the right to
reopen the action within 60 days of the date of the Order if the
settlement is not consummated.
The Court having been advised at ECF No. 403 that all claims
asserted herein have been settled in principle.
To be clear, any application to reopen must be filed by the
aforementioned deadline; any application to reopen filed thereafter
may be denied solely on that basis. Further, requests to extend the
deadline to reopen are unlikely to be granted.
Notwithstanding the foregoing, if the settlement in this action
requires judicial approval -- for example, because it involves a
class action, see Fed. R. Civ. P. 23(e), "an infant or
incompetent person," -- the parties must file a letter within three
business days of the entry of this Order alerting the Court and
proposing a schedule for seeking such approval.
Any pending motions are moot. All conferences are canceled. The
Clerk of Court is directed to terminate ECF No. 403 in Case No.
22-CV-10667 and to close case No. 24-CV-865.
Laundress provides plant-derived laundry and home cleaning
products.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WUsXlJ at no extra
charge.[CC]
LENS.COM INC: Martin Case Referred to Magistrate Judge
------------------------------------------------------
In the class action lawsuit captioned as RICKEY MARTIN, on behalf
of himself and others similarly situated, v. LENS.COM, INC., Case
No. 0:24-cv-60489-DSL (S.D. Fla.), the Hon. Judge Leibowitz entered
an order of reference to magistrate judge.
The motion is referred to United States Magistrate Judge Panayotta
Augustin-Birch for a report and recommendation consistent with 28
U.S.C. section 636(b)(1)(B), Rule 72 of the Federal Rules of Civil
Procedure, and Rule 1(d) of the Local Magistrate Judge Rules. Judge
Augustin-Birch may conduct a hearing to the extent she believes a
hearing is necessary.
Lens.com operates as a specialty online retailer.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=s6rqTO at no extra
charge.[CC]
LIBERTY MUTUAL: Must File Class Cert. Response by March 9
---------------------------------------------------------
In the class action lawsuit captioned as Ward v. Liberty Mutual
Insurance Company, Case No. 1:24-cv-10526 (D. Mass., Filed March 1,
2024), the Hon. Judge Brian E. Murphy entered an order granting
Motion for Extension of Time to File Response and Reply:
-- Liberty Mutual shall file its response to Motion for Class
Certification no later than March 9, 2026.
-- The Plaintiff to file a reply brief no later than March 30,
2026.
-- Reply brief shall not be redundant of earlier briefs filed and
addresses only matters raised which were not reasonably
foreseeable.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Liberty is an American diversified global insurer.[CC]
LOS ANGELES, CA: Lee's Bid to Certify Class Action Granted
----------------------------------------------------------
In the class action lawsuit captioned as JESSICA LEE, on behalf of
herself and all others similarly situated, V. CITY OF LOS ANGELES,
a California municipality; and DOES 1 through 100, inclusive, Case
No. 2:24-cv-07032-CBM-MAR (C.D. Cal.), the Hon. Judge Marshall
entered an order granting the Plaintiff's motion to certify class
action.
1. The Court certifies the Class defined as:
"All current and former non-exempt employees of City of Los
Angeles covered by the MOU – Regarding the Plant Equipment
Operation and Repair Representation Unit (MOU #9) between the
City of Los Angeles and the International Union of Operating
Engineers, Local No. 501, AFL-CIO, who worked at the Bureau
of Sanitation during the period of July 2, 2020 through the
date of class certification (the "Class")."
2. The Plaintiff Jessica Lee is appointed as the Class
Representative.
3. David P. Myers, Jason Hatcher, Cassandra A. Castro and
Andriana N. Bravo of The Myers Law Group, A.P.C. are
appointed as class counsel.
4. The Defendant shall provide in Microsoft Excel format, the
names, addresses, telephone number, e-mail addresses, and
dates of employment for all Class members to the third-party
administrator and Class counsel no later than Feb. 12, 2026.
5. The Plaintiff's proposed notice to the Class is approved
pursuant to Fed. R. Civ. P. 23, and notice to the Class of
the pending action and right to opt-out in substantially the
same form as approved by the Court shall be mailed to Class
members by the third-party administrator no later than March
19, 2026.
The Defendant did not file an opposition. Therefore, the
Defendant's failure to file an opposition is deemed consent to
granting the Motion.
Los Angeles is the commercial, financial, and cultural center of
Southern California.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PgKcSw at no extra
charge.[CC]
LULULEMON USA: Appeals Arbitration Order in Brown Suit to 9th Cir.
------------------------------------------------------------------
LULULEMON USA, INC., et al. are taking an appeal from a court order
denying their motion to compel arbitration in the lawsuit entitled
Nishae D. Brown, individually and on behalf of all others similarly
situated, Plaintiffs, v. Lululemon USA, Inc., et al., Defendants,
Case No. 2:25-cv-09629-WLH-AGR, in the U.S. District Court for the
Central District of California.
As previously reported in the Class Action Reporter, the Plaintiff
filed this suit against the Defendants for alleged violations of
the California Labor Code and California Business and Professions
Code.
On Nov. 12, 2025, the Defendants filed a motion to compel
arbitration, which Judge Wesley L. Hsu denied on Jan. 28, 2026.
The appellate case is styled as Brown v. Lululemon USA, Inc., et
al., Case No. 26-936, in the United States Court of Appeals for the
Ninth Circuit, filed on February 17, 2026.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire is due on February 23,
2026;
-- Appellant's Opening Brief is due on March 30, 2026; and
-- Appellee's Answering Brief is due on April 28, 2026. [BN]
Plaintiff-Appellee NISHAE D. BROWN, individually and on behalf of
all others similarly situated, is represented by:
David Keledjian, Esq.
D.LAW, INC.
450 N. Brand Boulevard, Suite 840
Glendale, CA 91203
Defendants-Appellants LULULEMON USA, INC., et al. are represented
by:
Katharine Liao, Esq.
SQUIRE PATTON BOGGS (US), LLP
1120 Avenue of the Americas, 13th Floor
New York, NY 10036
MAREX GROUP: Katz Appointed as Lead Plaintiff
---------------------------------------------
In the class action lawsuit captioned as Michaella G. Katz,
individually and on behalf of all others similarly situated, v.
Marex Group PLC, et al., Case No. 1:25-cv-08368 (RA) (SDA)
(S.D.N.Y.), the Hon. Judge Aaron entered an order as follows:
1. Katz is appointed as lead plaintiff in Case No. 25-CV-08368,
and Katz's selection of Scott+Soctt as lead counsel in that
case is approved.
2. Shahsavanpour and Patel are appointed as lead plaintiffs in
Case No. 25 CV-08393 and their selection of the Schall Firm
as lead counsel in that case is approved.
3. Case No. 25-CV-08368 and Case No. 25-CV-08393 shall be
coordinated for discovery and case management purposes.
4. No later than Feb. 16, 2026, the parties in Case No.
25-CV-08368 and Case No. 25-CV-08393 shall meet-and-confer
and file a joint letter providing a proposed schedule for
the Plaintiffs to file any amended pleadings and for the
Defendants to respond to the pleadings in the respective
actions.
The Clerk of Court is requested to change the caption on the ECF
docket for Case No. 25-CV-08393 to list Shahsavanpour and Patel as
lead plaintiffs.
The Katz Action is brought on behalf of a putative class of:
"All persons and entities that sold short Marex securities
between Aug. 14, 2024 and Aug. 5, 2025, inclusive, and who
were damaged thereby."
The Narayanan Action is brought on behalf of a putative class of:
"All persons and entities that purchased or otherwise
acquired Marex securities between May 16, 2024 and Aug. 5,
2025, inclusive, and who were damaged thereby."
Both actions allege that the Defendants defrauded investors in
violation of Sections 10(b) and 20(a) of the Exchange Act, and U.S.
Securities and Exchange Commission Rule 10b-5 promulgated
thereunder.
Marex is a financial services company.
A copy of the Court's opinion and order dated Feb. 2, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=59MLDG
at no extra charge.[CC]
MAREX GROUP: Shahsavanpour, Patel Appointed as Lead Plaintiffs
--------------------------------------------------------------
In the class action lawsuit captioned as Ravishanker Narayanan,
individually and on behalf of all others similarly situated, v.
Marex Group PLC, et al. Case No. 1:25-cv-08393-RA-SDA (S.D.N.Y.),
the Hon. Judge Aaron entered an order as follows:
1. Katz is appointed as lead plaintiff in Case No. 25-CV-08368,
and Katz's selection of Scott+Soctt as lead counsel in that
case is approved.
2. Shahsavanpour and Patel are appointed as lead plaintiffs in
Case No. 25 CV-08393 and their selection of the Schall Firm
as lead counsel in that case is approved.
3. Case No. 25-CV-08368 and Case No. 25-CV-08393 shall be
coordinated for discovery and case management purposes.
4. No later than Feb. 16, 2026, the parties in Case No.
25-CV-08368 and Case No. 25-CV-08393 shall meet-and-confer
and file a joint letter providing a proposed schedule for
the Plaintiffs to file any amended pleadings and for the
Defendants to respond to the pleadings in the respective
actions.
The Clerk of Court is requested to change the caption on the ECF
docket for Case No. 25-CV-08393 to list Shahsavanpour and Patel as
lead plaintiffs.
The Katz Action is brought on behalf of a putative class of:
"All persons and entities that sold short Marex securities
between Aug. 14, 2024 and Aug. 5, 2025, inclusive, and who
were damaged thereby."
The Narayanan Action is brought on behalf of a putative class of:
"All persons and entities that purchased or otherwise
acquired Marex securities between May 16, 2024 and Aug. 5,
2025, inclusive, and who were damaged thereby."
Both actions allege that the Defendants defrauded investors in
violation of Sections 10(b) and 20(a) of the Exchange Act, and U.S.
Securities and Exchange Commission Rule 10b-5 promulgated
thereunder.
Marex is a financial services company.
A copy of the Court's opinion and order dated Feb. 2, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=QraVyi
at no extra charge.[CC]
MARYLAND: Bid for Interim Seal of Class Exhibits OK'd
-----------------------------------------------------
In the class action lawsuit captioned as T.G., by his next friend,
BEVERLY SCHULTERBRANDT, et al., v. MARYLAND DEPARTMENT OF HUMAN
SERVICES, et al., Case No. 8:23-cv-01433-MJM (D. Md.), the Hon.
Judge Matthew J. Maddox entered an order granting the Plaintiffs'
motion for interim seal of Exhibits 2, 3 (and appendices C GG) and
5 to their memorandum in support of reopening class certification.
1. Exhibits 2, 3, 5 and appendices C to GG of Exhibit 3 to the
Plaintiffs' memorandum in support of reopening class
certification are sealed; and
2. The Plaintiffs may file a redacted version of Exhibit 3 and
accompanying appendices, without sealing, pursuant to the
requirements of paragraph 8 of the Court's Protective Order.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=c70opc at no extra
charge.[CC]
MEMBERCLOSE LLC: Drouchie Sues Over Inadequate Data Security
------------------------------------------------------------
HOLLY DROUCHIE, KEITH MITCHELL, JENNIFER MARKS, individually and on
behalf of all others similarly situated, Plaintiff v. MEMBERCLOSE
LLC, Defendant, Case No. 1:26-cv-10731-RGS (D. Mass., February 10,
2026) seeks to hold Defendant responsible for the injuries
Defendant inflicted on Plaintiffs and approximately 4,485 of its
clients due to Defendant's egregiously inadequate data security,
which resulted in the private information of Plaintiffs and those
similarly situated to be exposed to unauthorized third parties.
On January 15, 2026, MemberClose announced the data breach to the
public. According to MemberClose, it was able to confirm that an
authorized threat actor had accessed the Private Information of
Plaintiffs and Class Members on a cloud application on October 30,
2025.
According to the complaint, MemberClose disregarded the rights of
Plaintiffs and Class Members by intentionally failing to implement
reasonable measures to safeguard private information and by failing
to take necessary steps to prevent unauthorized disclosure of that
information. MemberClose further failed to provide timely notice to
Plaintiffs and Class Members, depriving them of the chance to take
speedy measures to protect themselves and mitigate harm, says the
suit.
The Plaintiffs bring this action against Defendant and asserts
claims for negligence, negligence per se, breach of implied
contract, unjust enrichment, and breach of fiduciary duty.
MemberClose LLC is a web-based, lending platform and settlement
services provider launched in 2004. It acts as a single-point,
online portal allowing credit unions to manage the entire lending
process.[BN]
The Plaintiffs are represented by:
Julien P. Gelly, Esq.
Ronald Podolny, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 424-5633
E-mail: ronald.podolny@forthepeople.com
MIT45 INC: Moorhead Suit Seeks to Certify Three Classes
-------------------------------------------------------
In the class action lawsuit captioned as MARIA MOORHEAD, L.M.,
D.H., and E.L., on behalf of themselves and all others similarly
situated, v. MIT45, INC., Case No. 3:24-cv-00499-L-DEB (S.D. Cal.),
the Plaintiffs ask the Court to enter an order granting motion for
class certification.
The Plaintiffs request that the Court certify the proposed Classes,
appoint L.M., D.H., and E.L Class Representatives and Jenn French
and Neal Deckant as Class Counsel, and allow this case to proceed
to trial as a class action.
The Plaintiffs seek to certify the following Classes:
California Class:
"All persons within the State of California who purchased
MIT45 kratom products within the applicable statute of
limitations period."
New York Class:
"All persons within the State of New York who purchased MIT45
kratom products within the applicable statute of limitations
period."
Oregon Class:
"All persons within the State of Oregon who purchased MIT45
kratom products within the applicable statute of limitations
period."
While marketing its products as a way to "live healthier and
happier naturally," with a safety profile like coffee, MIT45 failed
to disclose that regular use can lead to physical dependence,
withdrawal, and, in some cases, the need for medical
detoxification, including medication-assisted treatment, the suit
alleges.
The Defendant is the pioneering kratom company responsible for
formulating kratom extracts.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=nVCper at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
lsironski@bursor.com
- and -
Jennifer M. French, Esq.
LYNCH CARPENTER, LLP
9171 Towne Centre Dr., Ste. 180
San Diego, CA 92122
Telephone: (619) 762-1903
E-mail: jennf@lcllp.com
NANO NUCLEAR: Xie Appeals Securities Suit Dismissal to 2nd Cir.
---------------------------------------------------------------
HONGYU XIE is taking an appeal from a court order dismissing the
lawsuit entitled Hongyu Xie, individually and on behalf of all
others similarly situated, Plaintiff v. Nano Nuclear Energy, Inc.,
et al., Defendants, Case No. 1:24-cv-6057, in the U.S. District
Court for the Southern District of New York.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for violation of the Securities
Exchange Act of 1934.
On Jan. 7, 2025, the Plaintiff filed an amended complaint, which
the Defendants moved to dismiss on Feb. 21, 2025.
On Mar. 14, 2025, the Plaintiff filed a second amended complaint,
which the Defendants moved to dismiss on Apr. 11, 2025.
On Jan. 8, 2026, Judge Jesse M. Furman entered an Order granting in
full the Defendants' motion to dismiss the Plaintiff's second
amended complaint.
The Court concludes that Xie already had one opportunity to amend
following the Defendants' initial motion to dismiss, and although
she requests leave to amend again, she does not identify any facts
she would add. Moreover, there is good reason to doubt that Xie
would be able to remedy some of the substantive issues identified
above. That said, mindful that leave to amend a complaint should be
freely given when justice so requires, and that complaints
dismissed under Rule 9(b) are almost always dismissed with leave to
amend, the Court will grant Xie one final chance to amend. Xie
shall file any Third Amended Complaint within thirty days of the
date of the Opinion and Order.
On Feb. 12, 2026, the Court entered judgment to dismiss the case.
Accordingly, the case is closed.
The appellate case is entitled Xie v. Nano Nuclear Energy, Inc.,
Case No. 26-346, in the United States Court of Appeals for the
Second Circuit, filed on February 17, 2026. [BN]
Plaintiff-Appellant HONGYU XIE, individually and on behalf of all
others similarly situated, is represented by:
Tamar A. Weinrib, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Defendants-Appellees NANO NUCLEAR ENERGY, INC., et al. are
represented by:
Eric Landau, Esq.
ELLENOFF GROSSMAN & SCHOLE LLP
949 South Coast Dr., Suite 200
Costa Mesa, CA 92626
NATIVAS LLC: Fails to Disclose Salmonella Contamination, Suit Says
------------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that a proposed class
action lawsuit claims that Nativas Organics failed to adequately
inform consumers that its now-recalled Organic Chia Seeds are at
risk of salmonella contamination.
The 20-page lawsuit states that Nativas Organics in January 2026
voluntarily recalled the organic chia seeds due to the potential
presence of salmonella, a "precautionary measure" in the wake of a
recall by Nativas' chia seed supplier, the company said. The case
contends that Nativas misrepresented the quality and safety of its
8oz bags of Organic Chia Seeds by failing to inform consumers of
the potential salmonella contamination risk affecting several lots
of the products at issue.
Salmonella, the complaint explains, is one of the top causes of
foodborne illness, hospitalizations and deaths worldwide, and is
particularly dangerous for children, older people, and those with
weakened immune systems.
According to the FDA's website, 8-oz pouches of Nativas Organic
Chia seeds bearing UPC 858847000284 with the following lot codes
and expiration dates were included in the recall:
-- W31025283 - Best If Used By: End APR 2027;
-- W31025286 - Best If Used By: End APR 2027;
-- W31025287 - Best If Used By: End APR 2027;
-- W31025311 - Best If Used By: End MAY 2027;
-- W31025314 - Best If Used By: End MAY 2027;
-- W31025315 - Best If Used By: End MAY 2027;
-- W31025316 - Best If Used By: End MAY 2027; and
-- W31025317 - Best If Used By: End MAY 2027.
The affected products were distributed nationally through retail
stores such as Whole Foods and Target, and through online retailers
like Amazon.com, the suit mentions.
Because Nativas is in the "superior position" of knowing the
ingredients, materials and manufacturing processes to produce its
products, the company should have been aware of the risks involved
in production, including salmonella contamination, and recklessly
failed to inform consumers, the lawsuit argues.
"Consumers lack the meaningful ability to test or independently
ascertain or verify whether a product contains unsafe substances,
such as Salmonella, especially at the point of sale, and therefore
must and do rely on Defendant to truthfully and honestly report
what the Products contain or are at risk of containing on the
Products' packaging or labels," the case relays.
In fact, a substantial portion of the product's packaging displays
language assuring consumers of Nativas' apparent commitment to
"rigorous third-party certifications" and lab testing of "every
bag" it sells to ensure the quality and safety of its food
products, according to the case.
"Defendant's labeling and advertisements contain untrue and
materially misleading statements and omissions concerning its
Products inasmuch as it misrepresents that the Products are safe
for consumption and does not list that the Products contain
Salmonella," the complaint claims.
According to the suit, Nativas also issued a recall of certain
products in 2014 due to potential salmonella contamination.
The Nativas Organic Chia Seeds class action lawsuit seeks to
represent all individuals in the United States who purchased an
affected Nativas chia seeds product. [GN]
NCH HEALTHCARE: Bid to Decertify McFalls Collective Action Granted
------------------------------------------------------------------
In the class action lawsuit captioned as LAUREN MCFALLS,
individually and on behalf of all others similarly situated and the
Proposed Rule 23 Class, v. NCH HEALTHCARE SYSTEM, INC., and NAPLES
COMMUNITY HOSPITAL, INC., Case No. 2:23-cv-00572-SPC-DNF (M.D.
Fla.), the Hon. Judge Chappell entered an order that:
1. The Defendants' motion to decertify the collective action is
granted.
2. Opt-in Plaintiffs Madison Hitchcock, Stephanie Kumetz, and
Jimi Williamceau's FLSA claims are dismissed without
prejudice.
The Plaintiff assumes that the different actions Defendants took to
recoup the program fee all constitute wage deprivation. But the
Plaintiff cites nothing on point in support. That is not enough to
sustain her burden. The Court finds the first and second factors
support decertification.
There are legal and factual issues not common amongst the
collective. So "judicial economy is not served in this circumstance
because each Plaintiff's claims raise distinct factual and legal
issues which would essentially evolve into four distinct trials."
The Court finds the third factor supports decertification.
NCH is a not-for-profit, healthcare system.
A copy of the Court's opinion and order dated Feb. 2, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=38YywY
at no extra charge.[CC]
NORTON HEALTHCARE: Agrees to Settle 2023 Data Breach Suit for $11MM
-------------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Norton Healthcare
has agreed to an $11,000,000 settlement to wrap up a class action
lawsuit over a massive May 2023 data breach that potentially
compromised the confidential information of its current and former
patient and employees.
The Norton Healthcare class action settlement received preliminary
court approval on January 13, 2026 and covers all individuals whose
personal information may have been compromised in the data breach
as identified on the class list. Court documents estimate that
approximately 2,487,683 current and former patients and employees
are set to be covered by the settlement.
The court-authorized website for the Norton Healthcare data breach
settlement can be found at NortonDataIncidentSettlement.com.
The settlement site explains that Norton Healthcare settlement
class members who submit a timely, valid claim form are eligible
for multiple benefits.
According to the site, class members who submit their claim form
with documented proof of out-of-pocket losses incurred due to the
data breach are eligible to receive up to $2,500 in reimbursement.
The site explains that losses must be directly attributable to the
data breach and include costs for credit reports/monitoring and
identity theft insurance purchased between May 9, 2023 and May 18,
2026, as well as bank fees and miscellaneous expenses such as
mileage or postage.
Class members may also submit a claim for up to four hours of lost
time spent addressing the breach at a rate of $20 per hour, for a
maximum payout of $80. Per the site, covered activities include
freezing credit, remedying actual fraud, reviewing bank/credit
statements and other actions related to the breach.
In addition to claims for documented losses and lost time, all
class members may also submit a claim form to receive a one-time
cash payment of at least $5. According to the settlement website,
the amount of this payment will be a pro rata (equal share) portion
of the net settlement fund after all administrative expenses,
attorneys' fees and lead plaintiff service awards have been paid.
Settlement documents note that if the total number of valid claims
exceeds the amount available for the one-time cash payment, each
payment for a valid out-of-pocket loss claim will be reduced on a
pro rata basis until the amount of the one-time cash payment is at
least $5.
In addition to any/all monetary benefits, the agreement states that
all class members may file a claim to receive an enrollment code
for three free years of CyEx Medical Shield Pro from the settlement
administrator.
To submit a Norton Healthcare claim form online, class members can
head to this page and enter the class member ID as found on their
received copy of the settlement notice. Alternatively, class
members can download a PDF claim form to print, complete, and
return by mail to the settlement administrator listed on the first
page.
All Norton Healthcare settlement claim forms must be submitted
online or postmarked no later than May 18, 2026.
The court will determine whether to grant final approval to the
Norton Healthcare settlement at a hearing on May 15, 2026.
Compensation will begin to be distributed only after final approval
has been granted and any appeals have been resolved.
The Norton Healthcare class action lawsuit alleged that the
Kentucky-based healthcare system failed to protect confidential
patient and employee information in its care, leading to a May 2023
data breach. According to the second amended complaint, the
information that may have been impacted by the breach includes
names, addresses, dates of birth, Social Security numbers, marital
status, employers (with contact information), insurance policy
information, demographic information, driver's license or state ID
numbers, medical history and diagnoses, banking and credit card
information, and other highly confidential data. [GN]
NUTRAMAX LABORATORIES: Class Settlement in Lytle Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as JUSTIN LYTLE, et al. ,
Individually and on Behalf of all Others Similarly Situated, v.
NUTRAMAX LABORATORIES, INC., et al., Case No. 5:19-cv-00835-FMO-SP
(C.D. Cal.), the Hon. Judge Olguin entered an order re: motion for
preliminary approval of class action settlement.
1. The Plaintiffs' amended unopposed motion for preliminary
approval of class action settlement is granted.
2. The court preliminarily appoints the plaintiffs Justin Lytle
and Christine Musthaler as class representatives for
settlement purposes.
3. The court preliminarily appoints Milberg Coleman Bryson
Phillips Grossman, PLLC and Levin Papantonio as class counsel
for settlement purposes
4. The Plaintiffs shall file a motion for attorney's fees and
costs, as well as any incentive payments, no later than April
23, 2026.
5. The Plaintiffs shall, no later than July 13, 2026, file and
serve a motion for final approval of the settlement and a
response to any objections to the settlement.
6. A final approval (fairness) hearing is set for Aug.
13, 2026, at 10:00 a.m.
On May 6, 2022, the court granted plaintiffs' motion for class
certification, and certified the following class pursuant to Rule
23(b)(3) of the Federal Rules of Civil Procedure1 with respect to
plaintiffs' claim under the CLRA:
"All persons residing in California who purchased during the
limitations period the following canine Cosequin products for
personal use: Cosequin DS Maximum Strength Chewable Tablets;
Cosequin DS Maximum Strength Plus MSM Chewable Tablets; and
Cosequin DS Maximum Strength Plus MSM Soft Chews."
The Court excluded from the class: the defendants, the
defendants' officers, directors, agents or affiliates; the
defendants' past and present employees; and the judge who
presides over the case.
Nutramax researches, develops, manufactures, and sells supplements
for both humans and household pets, including Cosequin canine joint
health supplements.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9j2Fpj at no extra
charge.[CC]
ON SEMICONDUCTOR: Faces Hubacek Securities Suit over SiC Business
-----------------------------------------------------------------
ON Semiconductor Corporation disclosed in its Form 10-K for the
fiscal year ended December 31, 2025, filed with the Securities and
Exchange Commission on February 9, 2026 that on December 13, 2023,
a putative class action captioned "Hubacek v. ON Semiconductor
Corp., et al.," Case No. 1:23-cv-01429 (D. Del.), was filed by an
alleged stockholder of the company in the U.S. District Court for
the District of Delaware against the company and certain of its
officers.
An amended complaint was filed on May 31, 2024 which again asserts
claims for alleged violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934. The plaintiff seeks a ruling that
this case may proceed as a class action, and seeks damages,
attorneys' fees and costs. The company file a motion to dismiss the
amended complaint on July 30, 2024. On September 6, 2024, plaintiff
filed their second amended complaint and the company filed a motion
to dismiss this second amended complaint on October 10, 2024. Full
briefing for this motion to dismiss the second amended complaint
was completed on December 20, 2024.
The complaint alleges that the defendants made misleading
statements regarding the company's silicon carbide (SiC) business.
The plaintiff seeks a ruling that this case may proceed as a class
action, and seeks damages, attorneys' fees and costs.
Oral arguments for the motion to dismiss were heard by the court on
June 27, 2025. On July 11, 2025, the court granted the Company's
motion to dismiss the plaintiff's second amended complaint without
prejudice. On August 11, 2025, the plaintiff filed their third
amended complaint. The Company filed a motion to dismiss this third
amended complaint on September 25, 2025. Full briefing on this
motion to dismiss the third amended complaint was completed on
December 10, 2025.
ON Semiconductor Corporation provide intelligent power and sensing
solutions with a primary focus towards automotive and industrial
markets.
OPW FUELING: Canales Appeals FLSA Suit Dismissal to 4th Circuit
---------------------------------------------------------------
OVIS MATAMOROS CANALES is taking an appeal from a court judgment in
the lawsuit entitled Ovis Matamoros Canales, individually and on
behalf of all others similarly situated, Plaintiff, v. OPW Fueling
Components LLC, Defendant, Case No. 5:22-cv-00459-BO-RJ, in the
U.S. District Court for the Eastern District of North Carolina.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act and the North Carolina
Wage and Hour Act.
On Feb. 10, 2026, the Court entered judgment in favor of the
Defendants and against the Plaintiff. The Court finds that the
Plaintiff failed to prove by a preponderance of the evidence that
he did not receive the wages he had been promised and had earned
and that the Defendant did not pay him overtime pay for workweeks
where he worked more than 40 hours. Moreover, the Plaintiff failed
to prove by a preponderance of the evidence that he engaged in a
legally protected activity.
The appellate case is styled as Ovis Canales v. OPW Fueling
Components LLC, Case No. 26-1176, in the United States Court of
Appeals for the Fourth Circuit, filed on February 18, 2026. [BN]
Plaintiff-Appellant OVIS MATAMOROS CANALES, individually and on
behalf of all others similarly situated, is represented by:
S. Byron Frazelle, Esq.
Gilda Adriana Hernandez, Esq.
Briahna Branker Koegel, Esq.
Matthew S. Marlowe, Esq.
LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
215 South Academy Street
Cary, NC 27511
Telephone: (919) 741-8693
Defendant-Appellee OPW FUELING COMPONENTS LLC is represented by:
Nicholas S. Hulse, Esq.
David I. Klass, Esq.
Sharon Suh, Esq.
FISHER PHILLIPS LLP
227 West Trade Street
Charlotte, NC 28202
Telephone: (704) 334-4565
OTTNO INC: Faces Haycook Suit Over Data Security Failures
---------------------------------------------------------
ROBERT HAYCOOK, individually and on behalf of all others similarly
situated, Plaintiff v. OTTNO INC. d/b/a NATIONAL AUTO LOAN NETWORK,
INC., Defendant, Case No. 8:26-cv-00332 (C.D. Cal., February 12,
2026) arises out of the recent data security incident and data
breach that was perpetrated against the Defendant on or around
January 14, 2026.
According to the complaint, the private information compromised in
the data breach included 600GB of certain personal information
including, but not limited to: full names, addresses, Social
Security numbers, driver's license numbers, financial account
details, loan information and other data provided for refinancing
auto loans.
Accordingly, the Plaintiff brings this class action lawsuit on
behalf of himself and all persons who are similarly situated to
address Defendant's inadequate safeguarding of Class Members'
private information that it collected and maintained, for failing
to promptly detect the cyberattack, and for failing to provide
timely and adequate notice to Plaintiff and other Class Members
that their information had been subject to the unauthorized access
and exfiltration by cybercriminals.
The Plaintiff further seeks redress for Defendant's unlawful
conduct and asserts claims for negligence, violation of California
Unfair Competition Law, violation of California Consumer Privacy
Act, and public disclosure of private facts, and California
constitutional right to privacy.
Headquartered in Tustin, CA, Ottno Inc. provides financing services
for consumers looking to purchase a vehicle or refinance an auto
loan. [BN]
The Plaintiff is represented by:
Danielle L. Perry, Esq.
MASON LLP
5335 Wisconsin Avenue NW, Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
E-mail: dperry@masonllp.com
PAMELA BONDI: Must Release Lecky from Custody
---------------------------------------------
In the class action lawsuit captioned as DELADDO FERNANDO LECKY, v.
PAMELA BONDI, ET AL, Case No. 2:25-cv-02637-TLF (W.D. Wash.), the
Hon. Judge Theresa Fricke entered an order granting in part
petitioner's writ of habeas corpus.
Petitioner's re-detention occurred without meaningful notice,
without a meaningful opportunity to be heard, and without evidence
of relevant violations of his OSUP or changed circumstances under
the agency’s regulation, that would allow for revocation of his
Order of Supervision.
This violated ICE's regulations and the Due Process Clause of the
Fifth Amendment. Petitioner is therefore in custody in violation of
the Constitution and laws of the United States. The petition for
writ of habeas corpus is granted in part.
1. The government shall release petitioner from custody within
24 hours of the filing of this Order, under the conditions of
his June 12, 2015 OSUP;
2. Prior to any future detention by ICE, petitioner is entitled
to notice and a pre deprivation hearing at which a neutral
decision-maker must determine whether here is any valid basis
for their detention—i.e., whether he poses a danger to the
community or a flight risk that can only be mitigated through
detention. At such a hearing, the government bears the burden
of establishing by clear and convincing evidence that a valid
basis exists for his detention.
3. The evidence the government presented in this case is
insufficient to meet the requirements of 8 C.F.R. sections
241.13(i)(2), 241.13(i)(2); and
4. No later than two days after petitioner's release (for
example, if petitioner is released on a Monday, then the
government shall file the declaration no later than
Wednesday; or, if petitioner is released on a Friday, then
the declaration shall be filed no later than the following
Monday) the government must file with the Court a declaration
confirming the date and time petitioner has been released
from custody.
Petitioner Deladdo Fernando Lecky, a citizen, and native of
Jamaica, is detained by U.S. Immigration and Customs Enforcement
("ICE") at the Northwest ICE Processing Center ("NWIPC") in Tacoma,
Washington. He has been detained since Sept. 17, 2025. On May 21,
2015, an Immigration Judge granted withholding of removal to
Jamaica. Petitioner was later released on an Order of Supervision
("OSUP"). He complied with this order for ten years, until his re
detention.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=uMPLwx at no extra
charge.[CC]
PASSES INC: Bid to Strike Class Allegations Granted in Part
-----------------------------------------------------------
In the class action lawsuit captioned as Alice Rosenblum, v.
Passes, Inc. et al., Case No. 2:25-cv-08457-JLS-PD (C.D. Cal.), the
Hon. Judge Staton entered an order:
-- granting in part and denying in part the Passes Defendants'
motion to dismiss and strike class allegations, and
-- granting in part and denying in part Ginoza's motion to
dismiss and strike class allegations.
Counts I and III and are dismissed only as to Guo, with leave to
amend.
Count II is dismissed with prejudice.
Count VIII is dismissed in its entirety, with leave to amend. The
class allegations are stricken and this case shall proceed as an
individual action.
The Plaintiff may amend the pleading in a manner, correcting the
deficiencies identified herein, in a manner consistent with all
Rule 11 obligations.
Any amended complaint shall be filed within 21 days of the date of
this Order. Any claim not included in a timely-filed amended
complaint will be deemed dismissed with prejudice.
The Court sees no reason to depart from "traditional principles" of
vicarious liability, which would hold Passes, Celestin's employer,
vicariously liable for Celestin's actions, rather than Guo, Passes
CEO. Accordingly, Plaintiff has failed to state a viable claim as
to Guo's direct or vicarious liability under section 2255.
The Plaintiff has adequately alleged that Ginoza intentionally
distributed CSAM, and that Passes, having actual knowledge of the
nature of the content distributed from the Plaintiff's account,
also intentionally distributed CSAM. However, just as the Plaintiff
fails to allege that Guo personally distributed CSAM in violation
of sections 2252 and 2252A, Plaintiff also fails to allege that Guo
distributed CSAM in violation of section 1708.85. Moreover, as
discussed above, Guo cannot be held vicariously liable for Celestin
and Ginoza's actions.
Because Guo was allegedly acting as an agent of Passes in her
capacity as CEO while she was engaging with the Plaintiff and
facilitating the distribution of her content, the Plaintiff has
successfully stated a CTVPA claim as to Passes. Accordingly, Moving
Defendants' motions to dismiss Count VII are DENIED.
Plaintiff's barebones allegations do not plead facts to support the
existence of any other similarly situated class members. Plaintiff
merely proffers the fact that Passes was, for a time, open to
creators under the age of 18. But this is far from sufficient to
adequately allege the existence of any other class members who,
like Plaintiff, were subject to violations of state and federal law
due to specific interactions with Passes and its employees.
Further, at the hearing, Plaintiff did not object to the class
allegations being stricken. Thus, it "is sufficiently obvious from
the pleadings" that a class action may not be maintained, Route,
2013 WL 658251, and Passes Defendants' and Ginoza's motions to
strike are granted.
Passes is an online platform through which creators sell exclusive
content, livestreams, chats, and personalized experiences to
customers and subscribers.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at
https://urlcurt.com/u?l=aw7cMQ at no extra charge.[CC]
PAYBYPHONE US: Alicea Sues Over Deceptive Street Parking Charges
----------------------------------------------------------------
JUSTIN ALICEA, individually and on behalf of all others similarly
situated, Plaintiff v. PAYBYPHONE US INC., a Delaware corporation,
PAYBYPHONE TECHNOLOGIES INC., a Canadian corporation, Defendants,
Case No. 3:26-cv-01266 (N.D. Cal., February 11, 2026) is a class
action against the Defendant for misleading Plaintiff and other
consumers by starting street parking meter timers before they have
confirmed and paid for a transaction.
According to the complaint, PayByPhone begins charging customers
for their time before they make a payment. Reasonable consumers do
not expect that to happen, and PayByPhone's deceptive interface and
payment flow give reasonable consumers no reason to think
otherwise. For example, PayByPhone does not make clear and
conspicuous disclosures about its unorthodox method of counting
time or charging for parking. As a result, consumers are not given
the full allotted parking time for which they pay. PayByPhone
profits from this deceptive practice because it charges a service
fee for each transaction. The more transactions it processes, the
more it earns, alleges the suit.
The Plaintiff brings this action to remedy PayByPhone's conduct and
to recover the sums he and other Class members were unjustly
charged.
PayByPhone Technologies Inc. is a Canadian corporation with its
headquarters in Vancouver, British Columbia. It offers
payment-by-phone services for street parking in over 1,300 cities
across the world through its regional subsidiaries.[BN]
The Plaintiff is represented by:
Yaman Salahi, Esq.
Nicole Cabanez, Esq.
Taylor Applegate, Esq.
SALAHI PC
505 Montgomery Street, 11th Floor
San Francisco, CA 94111
Telephone: (415) 236-2305
E-mail: yaman@salahilaw.com
nicolec@salahilaw.com
taylora@salahilaw.com
PAYPAL HOLDINGS: Faces Securities Fraud Class Action Lawsuit
------------------------------------------------------------
Law Offices of Howard G. Smith announces that a class action
lawsuit has been filed on behalf of investors who purchased PayPal
Holdings, Inc. ("PayPal" or the "Company") (NASDAQ: PYPL) common
stock between February 25, 2025 and February 2, 2026, inclusive
(the "Class Period"). PayPal investors have until April 20, 2026 to
file a lead plaintiff motion.
IF YOU ARE AN INVESTOR WHO SUFFERED A LOSS IN PAYPAL HOLDINGS, INC.
(PYPL), CONTACT THE LAW OFFICES OF HOWARD G. SMITH TO PARTICIPATE
IN THE ONGOING SECURITIES FRAUD LAWSUIT.
Contact the Law Offices of Howard G. Smith to discuss your legal
rights by email at howardsmith@howardsmithlaw.com, by telephone at
(215) 638-4847 or visit our website at www.howardsmithlaw.com.
What Happened?
On February 3, 2026, PayPal announced a surprise leadership change,
replacing Chief Executive Officer Alex Chriss, effective
immediately. PayPal noted in its announcement the "pace of change
and execution was not in line with the Board's expectations."
The leadership change coincided with the Company's fourth quarter
and full year 2025 earnings report, wherein PayPal admitted
"execution has not been where it needs to be, particularly in
branded checkout." The Company revealed, among other things, net
revenue for the quarter had only increased 3% on a currency neutral
basis.
On this news, PayPal's stock price fell $10.63, or 20.3%, to close
at $41.70 per share on February 3, 2026, thereby injuring
investors.
What Is The Lawsuit About?
The complaint filed in this class action alleges that throughout
the Class Period, Defendants made materially false and/or
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants failed to disclose to investors
that: (1) PayPal had overstated its ability to execute on its
business initiatives; (2) PayPal was not effectively executing on
Branded Checkout initiatives; (3) PayPal had unduly dismissed
investor concerns of competition; and (4) as a result, Defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis at all relevant times.
Contact Us To Participate or Learn More:
If you purchased PayPal common stock, have information or would
like to learn more about these claims, or have any questions
concerning this announcement or your rights or interests with
respect to these matters, please contact us:
Law Offices of Howard G. Smith,
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Telephone: (215) 638-4847
Email: howardsmith@howardsmithlaw.com
Visit our website at: www.howardsmithlaw.com [GN]
PENNYMAC LOAN: Class Cert Bid Filing in Williams Suit Due 9
-----------------------------------------------------------
In the class action lawsuit captioned as Williams v. PENNYMAC LOAN
SERVICES, LLC, Case No. 1:25-cv-00276 (M.D.N.C., Filed April 9,
2025), the Hon. Judge Irene Cornelia Berger entered an order
adopting Joint Rule 26(f) Report, with the following
clarifications:
(1) The parties shall conduct mediation by Aug. 10, 2026.
(2) The Plaintiff shall serve expert disclosures required by
Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by Sept.
9, 2026
(3) The Defendant shall serve expert disclosures required by
Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by Oct.
9, 2026
(4) The parties shall complete discovery by Nov. 9, 2026
(5) The parties shall file any dispositive motions and Plaintiff
shall file any motion for class certification by Dec 9,
2026.
The suit alleges violation of the Real Estate Settlement Procedures
Act.
PennyMac provides home mortgage loans to borrowers and
investors.[CC]
PEPSICO INC: Jewat Sues Over Anti-Competitive Business Practices
----------------------------------------------------------------
ROBERT HAYCOOK, individually and on behalf of all others similarly
situated, Plaintiff v. OTTNO INC. d/b/a NATIONAL AUTO LOAN NETWORK,
INC., Defendant, Case No. 8:26-cv-00332 (C.D. Cal., February 12,
2026) arises out of the recent data security incident and data
breach that was perpetrated against Defendant National Auto Loan
Network, Inc. on or around January 14, 2026.
According to the complaint, the private information compromised in
the data breach included 600GB of certain personal information
including, but not limited to: full names, addresses, Social
Security numbers, driver's license numbers, financial account
details, loan information and other data provided for refinancing
auto loans.
Accordingly, the Plaintiff brings this class action lawsuit on
behalf of himself and all persons who are similarly situated to
address Defendant's inadequate safeguarding of Class Members'
private information that it collected and maintained, for failing
to promptly detect the cyberattack, and for failing to provide
timely and adequate notice to Plaintiff and other Class Members
that their information had been subject to the unauthorized access
and exfiltration by cybercriminals.
The Plaintiff seeks redress for Defendant's unlawful conduct and
asserts claims for negligence, violation of California Unfair
Competition Law, violation of California Consumer Privacy Act, and
public disclosure of private facts, and California constitutional
right to privacy.
Headquartered in Tustin, CA, Ottno Inc. provides financing services
for consumers looking to purchase a vehicle or refinance an auto
loan. [BN]
The Plaintiff is represented by:
Danielle L. Perry, Esq.
MASON LLP
5335 Wisconsin Avenue NW, Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
E-mail: dperry@masonllp.com
PETRO-LUD INC: Hunter Class Action Closed
-----------------------------------------
In the class action lawsuit captioned as CLEO HUNTER, v. PETRO-LUD,
INC., Case No. 1:24-cv-00181-KES-CDB (E.D. Cal.), the Hon. Judge
entered an order directing the Clerk of the Court to close the case
and adjust the docket to reflect, pursuant to Rule 41(a)(1)(A)(ii),
dismissal with prejudice as to the Plaintiff's individual claims
and without prejudice as to the claims of the putative class.
Notwithstanding the Plaintiff represented to the Court his intent
to withdraw his class claims, the Plaintiff has made no filing that
operates to withdraw those claims.
In light of the Plaintiff's filing, the Court finds that Rule 23(e)
does not require the Court's approval of the dismissal. This action
shall be terminated by operation of law without further order of
the Court.
Here, no class has been certified, Plaintiff has not sought
certification, certification has not been proposed for purposes of
settlement, and Plaintiff asserts that he no longer intends to
proceed with a class action.
Where no class has been certified, and where any dismissal would
not affect putative class members' claims (i.e., where the
dismissal of class claims is without prejudice), Rule 23(e) does
not mandate either Court approval of any settlement or notice to
putative class members.
On Feb. 2, 2026, the Plaintiff filed a jointly executed stipulated
dismissal of the complaint with prejudice.
Petro-Lud is a full-service drilling and service company.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6MryT3 at no extra
charge.[CC]
PRINCE GEORGE'S COUNTY, MD: Renewed Bid for Class Cert Due June 29
------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT FRAZIER, et al.,
individually and on behalf of a class of similarly situated
persons, v. PRINCE GEORGE'S COUNTY, MARYLAND, Case No.
8:22-cv-01768-DKC (D. Md.), the Hon. Judge Chasanow entered an
amended scheduling order:
Date Description
March 6, 2026: Deadline for notice of proposed factual
stipulations, if any, and comment on
advisability of ADR referral
May 29, 2026: Fact discovery deadline
June 12, 2026: Deadline for the Plaintiffs' Rule 26(a)(2)
disclosures
June 29, 2026: Deadline for renewed motion for class
certification
July 31, 2026 Deadline for response to renewed motion for
class certification
Sept. 14, 2026 Deadline for summary judgment motions
Prince George's County is located in the U.S. state of Maryland
bordering the eastern portion of Washington, D.C.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=o8HrpU at no extra
charge.[CC]
PROGRESSIVE AUTO: Faces Class Action Illegal Personal Info Access
-----------------------------------------------------------------
Tim Botos of Canton Repository reports that a Massillon auto dealer
is accused of waiting more than seven months to notify customers
that their personal information may have been accessed during a
data breach.
Cincinnati attorney Terence Coates has filed a pair of lawsuits in
Stark County Common Pleas Court this month against Progressive Auto
Group. The suits are filed on behalf of two local residents, and at
least the first one asks for class action status.
Such a designation would allow Coates to represent at least 1,680
people affected by the breach, according to his filings.
Neither Coates, nor Progressive's sibling owners Craig and Tim
Sanders, responded to a request for comment for this story.
"It is unknown for precisely how long the cybercriminals had access
to defendant's network before the breach was discovered," Coates
wrote in a complaint. "In other words, defendant had no effective
means to prevent, detect, stop, or mitigate breaches of its
systems-thereby allowing cybercriminals unrestricted access to its
consumers' (personal information)."
The suit seeks at least $25,000 in damages.
Coates alleges that Progressive was hacked on June 20, 2025. And
that the dealer has also admitted an "unauthorized actor" accessed
and acquired certain files on that day.
Those files, he stated, included Social Security, driver's license
and/or state IDs, and passport, financial account and debit card
numbers.
"And yet, defendant waited until Jan. 27, 2026, before it began
notifying the class -- a full 221 days after the data breach
began," he alleged.
Coates' suits were filed on Feb. 5 and Feb. 13, on behalf of a
Canton man and a Navarre woman. Exhibits within a complaint include
a letter to those affected, from Craig Sanders, Progressive
president.
In it, Sanders tells them:
-- To remain vigilant by reviewing account statements and credit
reports for any unauthorized activity.
-- Contact their financial institution immediately if they see
unauthorized charges or activity.
-- Be vigilant for incidents of fraud or identity theft by
reviewing account statements and free credit reports for any
unauthorized activity over the next 12 to 24 months.
Sanders also wrote that Progressive would provide one-year free
access to Epiq's Privacy ID Solutions, which can help detect
fraud.
The suit alleges Progressive's negligence in securing data made it
vulnerable to a hack.
"Worryingly, the cybercriminals that obtained plaintiff's and class
members' (personal information) appear to be the notorious
cybercriminal group Nitrogen," Coates wrote.
He stated that Nitrogen Ransomware group was "first detected in
September 2024" and initially it targeted organizations in the U.S.
and Canada before expanding into Africa and Europe.
"And as the Harvard Business Review notes, such (cybercriminals)
frequently use the Dark Web -- a hub of criminal and illicit
activity -- to sell data from companies that they have gained
unauthorized access to through credential stuffing attacks,
phishing attacks, [or] hacking," the suit alleges.
Last month, a Minnesota attorney filed a similar type of data
breach lawsuit against Canton's Aultman Health System.
Progressive Auto Group was founded in 1937. Its current leaders,
the Sanders brothers, represent the fourth-generation of the family
business founders, according to its website.
The company, its website states, operates a Chevrolet and a
Chrysler-Dodge-Jeep-Ram dealership on Hills and Dales Road NW,
along with Economy Auto Outlet on Erie Street South. [GN]
PROVIDENCE HEALTH: 401K Mismanagement Class Settlement Reaches $43M
-------------------------------------------------------------------
Dave Muoio of Fierce Healthcare reports that settlement agreement
awaiting approval from a federal judge would see Providence Health
& Services spending nearly $43 million to settle a class-action
lawsuit alleging mismanagement of its employee retirement plan.
The case was brought in late 2024 by a former employee, with the
parties in mediation to discuss a potential agreement since last
October, according to court documents.
Recent weeks saw the sides reach a settlement in principle, per
filed joint status reports, and last week, representation for the
plaintiff filed an unopposed motion for preliminary approval laying
out the deal's terms. A Providence spokesperson also confirmed the
settlement.
The former employee claimed the nonprofit system had violated the
Employee Retirement Income Security Act (ERISA) by using
forfeitures (matching funds that were not 100% vested at the time
of termination) to reduce the organization's contributions to its
sponsored 401(k) plan. Terms laid out in plan documents direct plan
fiduciaries to use forfeited funds should first go toward plan
expenses not paid by Providence.
"Halter alleges that Defendants failed to act in accordance with
Plan documents and in the process breached their fiduciary duties
of prudence and loyalty, caused the Plan to enter into prohibited
transactions, and engaged in self-dealing," according to a summary
of the allegations in the plaintiff's unopposed motion.
The pending settlement would bring over $42.7 million in total
benefits to the roughly 202,000 individuals who participated in or
were beneficiaries of the 401(k) since Jan. 1, 2018. Just over half
comes from the allocation of funds currently being held by
Providence in plan forfeiture and special unallocated accounts to
class members' plan accounts, with some former plan participants
having their accounts reinstated at Providence's expense.
Providence would also be spending $15.3 million to pay all plan
recordkeeping and administrative expenses for calendar years 2026,
2027 and 2028, as well as $6 million to pay any court-ordered
attorney fees, service award to the plaintiff ($5,000 requested)
and other miscellaneous expenses and costs.
If approved as requested, the deal would automatically deposit $106
in each class members' plan account and cover about $75 of their
recordkeeping and administrative expenses.
"These benefits, which total nearly $182 per Class Member,
significantly exceed benefits negotiated in recent, similar ERISA
settlements," the filing reads.
The class-action lawsuit was initially filed in Oregon's federal
court but was transferred earlier this year to the U.S. District
Court for the Western District of Washington.
Providence runs 51 hospitals and more than 1,000 other sites in
eight states. It currently employs around 120,000 people. Across
2024, it reported nearly $31 billion in total operating revenues
but a $644 million operating loss (-2.1% operating margin).
In response to a request for comment, a Providence spokesperson
said that "under the terms of the settlement agreement, the parties
have agreed not to comment on the settlement. We remain confident
in the integrity and compliance of our retirement plans and in our
continued commitment to supporting the long-term financial
wellbeing of our caregivers." [GN]
QUINSTREET PL: Filing for Class Cert Bid Due Sept. 28
-----------------------------------------------------
In the class action lawsuit captioned as Minor, v. QuinStreet PL,
Inc., Case No. 3:25-cv-09348-TLT (N.D. Cal.), the Hon. Judge
Thompson entered a case management and scheduling order:
1. Trial date: March 27, 2028
2. Final pretrial conference: Feb. 10, 2028
3. Expert discovery cut-off: March 11, 2027
4. Fact discovery cut-off: Aug. 28, 2026
5. Motion for class certification:
Last Day to be heard: Jan. 19, 2027 2:00 p.m.
in person
Reply due: Dec. 11, 2026
Opposition due: Nov. 9, 2026
Last Day to file class
certification motion: Sept. 28, 2026
The Defendant operates in the personal loan and financial services
industry.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0KK0Pq at no extra
charge.[CC]
RICOH USA: Preliminary Approval of Class Settlement Deal Sought
---------------------------------------------------------------
In the class action lawsuit captioned as CLEO BATTEN, individually
and on behalf of all others similarly situated, v. RICOH USA, INC.,
THE BOARD OF DIRECTORS OF RICOH USA, INC., THE RICOH RETIREMENT
PLANS COMMITTEE and JOHN DOES 1-30, Case No. 2:25-cv-04658-JS (E.D.
Pa.), the Plaintiff asks the Court to enter an order granting the
unopposed motion for preliminary approval of class action
settlement agreement entered into with the Defendants, approval of
form and manner of class notice, preliminary approval of plan of
allocation, and scheduling of fairness hearing.
Ricoh is a global technology company.
A copy of the Plaintiff's motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qeJnZK at no extra
charge.[CC]
The Plaintiff is represented by:
Mark K. Gyandoh, Esq.
James A. Maro, Esq.
James A. Wells, Esq.
Giulia T. Conboy, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Facsimile: (717) 232-3080
E-mail: markg@capozziadler.com
jamesm@capozziadler.com
Jayw@capozziadler.com
giuliac@capozziadler
- and -
Peter A. Muhic, Esq.
MUHIC LAW LLC
923 Haddonfield Road, Ste. 300
Cherry Hill, NJ 08002
Telephone: (856) 324-8252
Facsimile: (717) 233-4103
E-mail: peter@muhiclaw.com
S. MARTINELLI & CO: Bid to Dismiss with Leave to Amend Partly OK'd
------------------------------------------------------------------
In the class action lawsuit captioned as JOLY RAMIREZ, and others,
v. S. MARTINELLI & COMPANY, Case No. 5:25-cv-07569-NC (N.D. Cal.),
the Hon. Judge Cousins entered an order granting in part and
denying in part the Defendant's motion to dismiss with leave to
amend.
Accordingly, the Court grants the Defendant's motion to dismiss
Plaintiffs' sixth claim for unjust enrichment under New York law
and seventh claim for punitive damages with leave to amend and
denies the Defendant's motion in all other respects.
The Plaintiffs may amend the Complaint by Feb. 27, 2026. The
Plaintiffs may not add additional parties or claims without leave
of the Court. The Defendant does not need to file an answer until
the Plaintiffs file a second amended complaint or a notice that
they will not amend.
The Court agrees with the Defendant regarding punitive damages, but
notes that this claim is otherwise sufficiently pled as discussed
in Section B. The Plaintiffs must identify an officer, director, or
managing agent who committed an act of oppression, fraud, or malice
to seek punitive damages. Accordingly, the Court grants Defendant's
motion to dismiss Plaintiffs' seventh claim with leave to amend.
The Plaintiffs' unjust enrichment claims under New York law would
be considered as duplicative of their consumer protection claims
since "they are premised on the same factual allegations and the
same theory of liability." Therefore, the Court grants
Defendant’s motion to dismiss Plaintiffs' unjust enrichment claim
under New York law only with leave to amend.
Here too, since Plaintiffs have satisfied the reasonable consumer
standard with respect to their consumer protection claims under New
York and California law, the Court finds Plaintiffs have
sufficiently alleged a breach of express warranty claim.
Accordingly, the Court denies Defendant's motion to dismiss the
Plaintiffs' express warranty claim.
The Defendant sells various beverages containing apple
juice.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Mdkw5X at no extra
charge.[CC]
SAFEMOON LLC: Lead Plaintiffs Seek Prelim Approval of Settlements
-----------------------------------------------------------------
In the class action lawsuit captioned as MARK COMBS, VLAD IACOB,
and BENJAMIN NORTHEY, Individually and on Behalf of All Others
Similarly Situated, v. SAFEMOON LLC, SAFEMOON US, LLC, SAFEMOON
CONNECT, LLC, TANO LLC, SAFEMOON LTD, SAFEMOON PROTOCOL LTD,
SAFEMOON MEDIA GROUP LTD, BRADEN JOHN KARONY, JACK HAINES-DAVIES,
HENRY “HANK” WYATT, JAKE PAUL, KYLE NAGY, DeANDRE CORTEZ WAY,
BEN PHILLIPS, MILES PARKS McCOLLUM, THOMAS SMITH and DANIEL M.
KEEM, Case No. 2:22-cv-00642-DBB-JCB (D. Utah), the Plaintiffs ask
the Court to enter an order pursuant to Federal Rule of Civil
Procedure 23:
(i) preliminarily approving the proposed settlements;
(ii) approving the form and manner of providing notice of the
proposed Settlements to the Settlement Class, including
the procedures and deadlines for objecting, seeking
exclusion from the Settlement Class, and submitting Claim
Forms;
(iii) scheduling a date for a hearing (the "Settlement Fairness
Hearing") to consider the fairness, reasonableness, and
adequacy of the Settlements, the proposed plan of
allocation for the Settlements' proceeds (the "Plan of
Allocation"), and Lead Counsel's application for an award
of attorneys' fees and expenses;
(iv) appointing Stretto, Inc. as the Claims Administrator to
administer the Settlements; and
(v) granting such other and further relief as the Court may
deem fair and proper.
Lead Plaintiffs, on behalf of the Class, and Defendant Jake Paul,
have reached a global resolution to resolve this securities class
action for $200,000 for the benefit of Class Members.
Lead Plaintiffs, on behalf of the Class, and Defendant Daniel Keem,
have reached a global resolution to resolve this securities class
action for $90,000 for the benefit of Class Members.
SafeMoon was a cryptocurrency and blockchain company based in
Pleasant Grove, Utah.
A copy of the Plaintiffs' motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XgAE9w at no extra
charge.[CC]
The Plaintiffs are represented by:
John T. Jasnoch, Esq.
Sean T. Masson, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: jjasnoch@scott-scott.com
smasson@scott-scott.com
- and -
Brent O. Hatch, Esq.
HATCH LAW GROUP
22 E 100 S STE 400
Salt Lake City, UT 84111
Telephone: (801) 869-1919
E-mail: hatch@hatchpc.com
SHELL CHEMICAL: Flynn Allowed to File Amended Complaint
-------------------------------------------------------
In the class action lawsuit captioned as JOHN FLYNN, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY SITUATED; v. SHELL CHEMICAL
APPALACHIA, LLC, Case No. 2:24-cv-00193-MJH (W.D. Pa.), the Hon.
Judge Horan entered an order granting Mr. Flynn's motion to file an
amended complaint.
The parties shall confer and file any proposed scheduling
modifications that may be needed given the timing of this
disposition.
Mr. Flynn moves for leave to file a second amended complaint to his
putative class action to add additional named plaintiffs whose
residences are geographically located in different portions of the
proposed class area and to add a putative class representative who
is a renter of residential property.
While the proposed Second Amended Complaint contains allegations
related to the physical impact of the Shell plant, a fair reading
of the pleading only supports that the putative class action seeks
damages related to property.
Therefore, without a cause of action that supports damages for
physical/personal injury, any allegations of the same may be
impertinent to this case, and Shell would need not delve into
discovery topics outside of Plaintiffs' claim for property damage.
Thus, given the context of a putative class action, the limited
scope of the amendment, and the scheduling deadlines, the Court
will permit Mr. Flynn's amendment.
The Plaintiff's claims are based upon alleged noxious odors,
fugitive dust, and light emissions from Shell's ethylene cracker
plant facility located in Beaver County.
In his First Amended Complaint, Mr. Flynn sought to represent a
class defined as follows:
"All owner/occupants or renters of residential property from 2
years of the filing of this Complaint to the present who are
located within a two (2) mile radius of the Facility."
The Defendant operates a major petrochemical complex in Potter
Township, Beaver County, Pennsylvania.
A copy of the Court's opinion and order dated Feb. 3, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=FmGNyt
at no extra charge.[CC]
ST. CLAIR COUNTY: Court Reserves Ruling on "Miller" FLSA Settlement
-------------------------------------------------------------------
In the case captioned as Bradley Miller, Kayla Kilpatrick, and
Blake Bumann, on behalf of themselves and all others similarly
situated, Plaintiffs, v. St. Clair County, Defendant, Case No.
23-cv-2597-JPG (S.D. Ill.), Judge J. Phil Gilbert of the United
States District Court for the Southern District of Illinois
reserved ruling on the parties' joint motion to approve a
settlement agreement.
The Plaintiffs are employed as Telecommunicators who manage 911
calls for the County's Emergency Management Administration, a
subdivision of the Defendant. They were assigned to work eighty
hours in a two-week period such that one week they worked more than
forty hours and one week they worked less. Under the Work Week
Policy, the Defendant paid overtime premiums only for hours worked
over eighty hours in a two-week period, even when employees worked
over forty hours in a one-week period. The Plaintiffs alleged this
violated the Fair Labor Standards Act (Section 201-219) and the
Illinois Minimum Wage Law (Section 105/1-15).
Upon careful examination, the Court noted it was uncomfortable
evaluating a settlement agreement not in the record. Accordingly,
the Court ordered the parties to file the complete settlement
agreement under seal as an exhibit to the pending motion within
seven days.
The Court identified four criteria it would apply in reviewing the
proposed settlement: (1) whether it resolves a bona fide dispute
rather than simply accomplishing a waiver of statutory rights; (2)
whether it represents a reasonable compromise of the issues in
dispute; (3) whether it was obtained fairly and not by overreaching
by the Defendant; and (4) any other matter relevant to its
fairness.
On the question of attorney fees, the Court noted the documents
submitted in support of the fee award were not detailed enough to
assess whether adjustments were warranted under the lodestar
method, which involves multiplying the number of hours the attorney
reasonably expended on the litigation by a reasonable hourly rate.
Therefore, the Court reserved ruling on the motion for approval of
the settlement and indicated it would set a telephone status
conference to inquire further into the attorney fee award.
A copy of the Court's decision dated February 17, 2026 is available
at https://urlcurt.com/u?l=Gs0BU7 from PacerMonitor.com
Defendant
The County of St. Clair, Illinois
Represented By:
Garrett P. Hoerner
Becker, Hoerner & Ysursa, P.C.
618-235-0020
gph@bhylaw.com
Mediator
Stephen Williams
Kuehn, Beasley & Young, P.C.
23 South 1st Street
Belleville, IL 62220
Plaintiff Blake Bumann Represented By:
Philip Oliphant
The Crone Law Firm
901-519-4667
poliphant@cronelawfirmplc.com
Hannah Strong
The Crone Law Firm
901-519-4664
hstrong@cronelawfirmplc.com
Edward J. Rolwes
The Rolwes Law Firm, LLC
314-806-9626
erolwes@rolweslaw.com
Plaintiff
Kayla Kilpatrick
Represented By:
Philip Oliphant
The Crone Law Firm
901-519-4667
[poliphant@cronelawfirmplc.com]
Hannah Strong
The Crone Law Firm
901-519-4664
[hstrong@cronelawfirmplc.com]
Edward J. Rolwes
The Rolwes Law Firm, LLC
314-806-9626
[erolwes@rolweslaw.com]
---
Plaintiff
Bradley Miller
Represented By:
Philip Oliphant
The Crone Law Firm
901-519-4667
[poliphant@cronelawfirmplc.com]
Hannah Strong
The Crone Law Firm
901-519-4664
[hstrong@cronelawfirmplc.com]
Edward J. Rolwes
The Rolwes Law Firm, LLC
314-806-9626
erolwes@rolweslaw.com
TESLA INC: Faces Suit Over Defective Vehicle Door Handle Design
---------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that a proposed class
action lawsuit alleges that tens of thousands of 2023-present Tesla
Model S vehicles are defectively designed with flush-mounted
electronic exterior and interior door handles that cannot be opened
when the car's high-voltage battery loses power.
The 36-page Tesla lawsuit charges that the electric vehicle's
electronically activated door handle design renders the Model S
"not reasonably escapable and not reasonably rescuable" in the
event of a collision that causes a loss of low-voltage power, or an
emergency system shutdown, particularly for drivers and passengers
attempting to exit the rear of the vehicle.
Should a Model S lose power, the exterior door handles will fail to
extend and actuate, meaning the doors cannot be opened from the
outside, and the interior door handle latches will also fail to
actuate, the suit says.
Importantly, the complaint highlights that the Model S interior
rear door handles do not have the same readily accessible manual
emergency release mechanism as the interior front door handles.
Should a Tesla Model S lose power, the case says, the rear interior
door handles can only be opened manually by folding back the carpet
below the rear seats to expose the mechanical release cable, which
the filing argues is "not reasonably discoverable or usable by an
average occupant under emergency conditions."
Despite a litany of complaints from drivers -- and numerous
instances of occupants becoming trapped inside the vehicles at
issue -- Tesla has done nothing to prevent the problem or fix the
Model S door handle design, or warn consumers at the time of
purchase or lease, the class action lawsuit says.
The suit also contends that 2023-present Tesla Model S vehicles are
worth less than consumers paid due to the door handle problems.
Emergency rear door handle release is not easily accessible, class
action says
The suit states that although the Tesla Model S front interior
doors have a "readily accessible" manual emergency release
mechanism, the rear interior doors can be manually released only by
a mechanical cable hidden beneath the carpet under the back seats.
According to the case, the "no power" procedure to utilize the rear
interior door handles has remained the same for the Model S for
more than a decade -- folding back the carpet below the rear seats
to expose the release cable and then pulling the cable toward the
center of the car.
However, the class action contends that this design is inherently
flawed and potentially dangerous, given that the cables are "not
reasonably discoverable" by an average passenger, especially during
the panic and stress of an emergency. A passenger would need to be
"intimately familiar" with the Model S design to find the emergency
release for the rear interior door handles, the case asserts.
"Even though there is a hidden cable underneath the rear seat
carpet, if the passenger is unaware of it, [is] unable or does not
know how to pull that emergency manual release, there is no way to
quickly enter the vehicle from the outside in the instance of a
battery failure other than breaking the windows," the filing
stresses.
Additionally, the allegedly defective Tesla door handles pose a
significantly higher safety risk for pets, children, the elderly,
and individuals with disabilities who may not be able to locate or
use the cable, the filing states.
Lawsuit says Tesla failed to warn consumers of door handle defect
The lawsuit contends that Tesla has misled and concealed the door
handle design defect from consumers, when the material information
should have been "conspicuously" provided through advertising and
marketing campaigns, information stickers, placards, or brochures,
dealership personnel, social media, and a "full and complete
disclosure" through a recall of the affected vehicles.
To add insult to injury, the case goes on, Tesla has "distorted"
the value of its vehicles by misrepresenting them as suitable for
everyday use, despite the significant safety risks posed by the
defective door handles. Per the complaint, every individual who
purchased a Tesla Model S from 2023 onward received a vehicle at a
higher price and with a markedly lower value than what they were
led to believe.
Who is covered by the Tesla Model S lawsuit?
The Tesla Model S class action lawsuit seeks to represent all
California residents who purchased and still own, or lease/leased,
at least one 2023-2026 model year Tesla Model S vehicle.
How do I sign up for the Tesla door handle lawsuit?
Generally, you don't need to do anything to join or sign up for a
class action lawsuit when it is initially filed. Should the case be
resolved with a class action settlement, settlement class members
will typically receive written notice of the deal via mail and/or
email with instructions on any next steps and details about their
legal rights.
Please keep in mind that some class action lawsuits take years to
settle.
If you've purchased or leased a 2023-2026 Tesla Model S, or just
want to stay informed about class action lawsuit and class action
settlement news, sign up for ClassAction.org's free weekly
newsletter. [GN]
TFW-VA LLC: Cowan Sues Over Unpaid Minimum, Overtime Wages
----------------------------------------------------------
WILLIAM COWAN, on behalf of himself and all others similarly
situated, Plaintiff v. TFW - VA, LLC, Defendant, Case No.
3:26-cv-00009-JHY-JCH (W.D. Va., February 10, 2026) is an action
for unpaid minimum wages and overtime in violation of the Fair
Labor Standards Act, the Virginia Overtime Wage Act, the Virginia
Minimum Wage Act, as well as unpaid regular wages in violation of
the Virginia Wage Payment Act.
The Plaintiff contends Defendant has violated and continues to
violate the FLSA, VOWA, and VMWA, and VWPA by having a policy or
practice of requiring Plaintiff and similarly situated employees to
perform opening and closing work off the clock without pay.
As a result of this policy and practice of Defendant requiring
unpaid working time, the Plaintiff and similarly situated employees
incur unpaid overtime, in violation of the federal and state laws,
asserts the complaint.
Plaintiff Cowan is a resident of Virginia who has been employed by
the Defendant as a server and bartender from approximately April
2024 to the present.
TFW - VA, LLC operates First Watch restaurants in Charlottesville,
Virginia and other locations.[BN]
The Plaintiff is represented by:
Timothy Coffield, Esq.
COFFIELD PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
E-mail: tc@coffieldlaw.com
TOTES ISOTONER: Deinnocentes Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
MARY ANN DEINNOCENTES, on behalf of herself and all others
similarly situated, Plaintiff v. Totes Isotoner Corporation,
Defendant, Case No. 4:26-cv-00004 (N.D. Ind., February 10, 2026) is
a civil rights action against the Defendant for its failure to
design, construct, maintain, and operate its website,
www.isotoner.com to be fully accessible to and independently usable
by the Plaintiff and other blind or visually-impaired individuals
in violation of the Americans with Disabilities Act.
On November 18, 2025, while searching online for ballerina
slippers, the Plaintiff discovered Defendant's website. After
reviewing the available products and favorable feedback, Plaintiff
Deinnocentes attempted to make a purchase directly through the
website. However, while attempting to purchase the Women's Classic
Satin Ballerina Slipper, she encountered multiple accessibility
barriers that prevented her from completing the order. While
navigating the website, the Plaintiff encountered sub-menus that
did not announce whether they were collapsed or expanded. These
sub-menus also expanded automatically and could not be collapsed
using the Escape key, requiring her to navigate through all sub
menu elements, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's policies, practices, and procedures so that its website
will become and remain accessible to blind and visually-impaired
consumers. This complaint also seeks compensatory damages to
compensate Class Members for having been subjected to unlawful
discrimination.
Totes Isotoner Corporation operates the website that offers a
selection of slippers, mocassins, gloves, beanies, and hats.[BN]
The Plaintiff is represented by:
Jason B. Marshall, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (463) 777-4196
E-mail: jmarshall@ealg.law
TRIZETTO PROVIDER: Schubert Jonckheer Investigates Data Breach
--------------------------------------------------------------
Schubert Jonckheer & Kolbe LLP is investigating a data breach that
led to unauthorized access to the sensitive information of more
than 700,000 individuals affiliated with health care providers that
contracted or subcontracted with TriZetto Provider Solutions
("TriZetto"). TriZetto is a Missouri-based organization owned by
Cognizant that provides revenue management services to physicians,
hospitals, and health systems.
An unauthorized third party gained access to records relating to
insurance eligibility verification transactions on one of
TriZetto's web portals between November 2024 and October 2, 2025.
The data breach has impacted the following health care providers so
far:
-- Asian Americans for Community Involvement
-- Axis Community Health
-- Baltimore City Health Department
-- Bay Area Community Health
-- Benton County Health
-- Best Care
-- CE-Edinger Medical Group
-- Chattanooga C.A.R.E.S. d/b/a Cempa Community Care
-- Deschutes County Health Services
-- Friends of Family Health Center
-- Gardner Health Services
-- Harmony Health Medical Clinic and Family Resource Center
-- Indian Health Center of Santa Clara Valley
-- Ko-Kwel Wellness Center
-- La Clinica de la Raza
-- La Pine Community Healthcare Center
-- Lifelong Medical Care
-- Lynn Community Health
-- Mendocino Community Health Clinic
-- Mission Neighborhood Health Center
-- Native American Health Center
-- OLE Health (dba CommuniCare + OLE)
-- One Community Health
-- Open Door Community Health Centers
-- Petaluma Health Center
-- Planned Parenthood Northern California
-- Share Ourselves
-- San Francisco Community Health Center
-- Riverland Community Health
-- Santa Barbara County Health Department
-- Santa Cruz Community Health
-- Santa Rosa Community Health Centers
-- Terry Reilly Health Services (Community Health Clinics Inc.)
-- Tiburcio Vasquez Health Center
-- Valley Family Care
-- Variety Care
-- Winters Healthcare
Although the breach began in November 2024, TriZetto did not begin
notifying impacted individuals until around December 2025, which
may have violated state and federal laws. The following data may
have been compromised in the breach: address, dates of birth,
Social Security numbers, health insurance member numbers, Medicare
beneficiary numbers, health insurer names, information about the
primary insured or beneficiary, and other demographic health and
health insurance information.
If your personal information was impacted by this incident, you may
be at risk of identity theft and other serious violations of your
privacy. As a result, you may be entitled to money damages and an
injunction requiring changes to TriZetto's cybersecurity practices.
[GN]
UNILEVER UNITED: Court Denies Prelim Class Deal OK in "Little"
--------------------------------------------------------------
In the case captioned as Elizabeth Little, Cathy Armstrong, Clair
Awad, Kelly Branch, Suzanne Fitzgerald, Mari Gunn, Sarah Hernandez,
Stacy Vail, Christina VanVliet, Billie Barnette, and Robert Rullo,
on behalf of themselves and all others similarly situated,
Plaintiffs, v. Unilever United States, Inc., Aeropres Corporation,
and Voyant Beauty, LLC, Defendants, Case No. 3:22-cv-01189-MPS (D.
Conn.), Judge Michael P. Shea of the United States District Court
for the District of Connecticut denied without prejudice the
Plaintiffs' motion for preliminary approval of a class action
settlement in a consolidated class action alleging that the
Defendants manufactured and sold benzene-contaminated dry shampoo
products. The Court also ordered the Plaintiffs to file a status
report no later than March 3, 2026, setting forth how they proposed
to proceed.
The Plaintiffs moved for preliminary approval of the proposed
settlement. The Defendants did not oppose the motion; however, a
group of Plaintiffs originally from Florida, the Simmons
Plaintiffs, opposed it, raising concerns about their exclusion as
named class representatives and questioning Article III standing.
Upon careful examination, the court addressed whether at least one
named Plaintiff had standing and whether the class was defined to
include only those with Article III injury. The court found that
Plaintiff Barnette had sufficiently alleged standing. Barnette
alleged she regularly purchased Dove Dry Shampoo Volume and
Fullness during the past 15 years, with specific purchases in June
2021 and February 2022. Third-party testing by Valisure and Impact
Analytical detected benzene in all 12 tested batches of that
product, making contamination of Barnette's purchases plausible,
not merely possible.
The court declined to extend that finding to the remaining named
Plaintiffs. Plaintiffs other than Barnette either failed to
identify a specific contaminated product line or did not allege
sufficient frequency of purchase. Plaintiff Rullo, for instance,
stated only that he purchased Bedhead Oh Bee Hive dry shampoo
during the relevant time period, without alleging regularity.
Accordingly, the court found the proposed settlement class
impermissibly broad on two grounds. First, the class period
beginning January 1, 2014, exceeded the earliest evidence of
contamination, which dated to January 2018. Second, the definition
of Covered Products encompassed all dry shampoo lines under the
Suave, TIGI, TRESemme, Dove, and Nexxus brands, extending beyond
product lines confirmed by third-party testing to contain benzene.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=yudhIa from PacerMonitor.com
Defendant
Unilever United States, Inc.
Represented By
Robert Reginald Simpson
Shook Hardy & Bacon L.L.P.
860-515-8901
[rsimpson@shb.com]
Lauren R. Greenspoon
Shook Hardy & Bacon LLP
860-402-9029
[lgreenspoon@shb.com]
Plaintiffs
Cathy Armstrong
Clair Awad
Kelly Branch
Suzanne Fitzgerald
Mari Gunn
Elizabeth Little
Stacy Vail
Sarah Herandez
Christina VanViet
Represented By
Steven Bloch
Silver Golub & Teitell LLP
203-325-4491
[sbloch@sgtlaw.com]
Zachary Rynar
Silver Golub & Teitell LLP
203-325-4491
[zrynar@sgtlaw.com]
Ian Wise Sloss
Silver Golub & Teitell LLP
203-325-4491
[isloss@sgtlaw.com]
WALT DISNEY: Agrees to Settle Consumer Privacy Suit for $2.75MM
---------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports Disney has agreed to a
$2,750,000 settlement to resolve California Department of Justice
(DOJ) allegations that the entertainment behemoth failed to
entirely stop the collection and transfer of the data of state
residents who opted out of data sharing on Disney's streaming
services, in violation of the California Consumer Privacy Act
(CCPA).
The Disney settlement was announced by California Attorney General
Rob Bonta via press release on February 11, 2026. Under the deal,
Disney must pay $2.75 million in civil penalties and alter its
opt-out procedures to "fully effectuate" users' requests to not
sell or share their data across all devices and streaming services
associated with their Disney accounts.
The allegations against Disney arose from an investigation
initiated by the California DOJ in January 2024 that sought to
evaluate streaming services for potential violations of the
California Consumer Privacy Act (CCPA). The state investigation
found "key gaps" in Disney's tracking opt-out methods that allowed
the company to continue selling and sharing consumers' data, per
the press release.
"Consumers shouldn't have to go to infinity and beyond to assert
their privacy rights," Attorney General Bonta said in the press
release, emphasizing that a consumer's privacy rights in the state
apply "wherever and however a business sells data."
Specifically, the California settlement requires Disney to
implement an easy-to-use opt-out procedure that is made clear and
conspicuous to the consumer. Should a user complete the opt-out
process, Disney must entirely stop selling and sharing their
personal data across all associated platforms and on all associated
devices.
The deal also covers provisions for the time a consumer is or is
not logged into their streaming service accounts operated by
Disney. When a consumer is logged in, Disney must effectuate their
choice to opt-out, if that is the case, across all of its streaming
services associated with their account (e.g. Disney+, Hulu, ESPN+).
Similarly, when a consumer is not logged in or does not have an
account, Disney must inform them that signing into an account may
be required to process their opt-out request.
"Effective opt-out is one of the bare necessities of complying with
CCPA," the press release reads.
The $2.75 million ordered to be paid by Disney is the highest
California Consumer Privacy Act settlement to date, according to
the California Attorney General.
The Disney deal was preceded by a related $530,000 AG settlement
with Sling TV in October 2025 that helped to establish the
investigative basis and enforcement actions for CCPA cases against
streaming companies to come.
The Disney AG lawsuit claimed that the entertainment company had
maintained loopholes in its procedures for opting out of data
collection that allowed it to continue to track and sell the
private information of Californians, including minors, who use its
streaming services, namely Disney+, ESPN+ and Hulu, in violation of
the California Consumer Privacy Act. [GN]
WATER SONG: Faces Bao Suit Over Failure to Provide Proper Wages
---------------------------------------------------------------
YAJUN BAO a/k/a Gavin Bao, and VIVI NOVIANA, on behalf of
themselves and others similarly situated, Plaintiffs v. WATER SONG
FOOD AND BEVERAGE LLC d/b/a Water Song Yunnan Kitchen, and CHENG
LIANG a/k/a Colin Liang, Defendants, Case No. 1:26-cv-00558-CJC (D.
Md., February 11, 2026) is a class action against the Defendants
for violation of the Fair Labor Standards Act, the Internal Revenue
Code, the Maryland Wages and Hours Law, and the Maryland Wage
Payment and Collection Law, arising from their various willful,
malicious, and unlawful employment policies, patterns, and/or
practices.
The Plaintiffs seek to recover from Defendants: (1) unpaid minimum
wages; (2) unpaid overtime wages; (3) liquidated damages equal to
twice, or prejudgment interest on, unpaid minimum wages and unpaid
overtime wages; (4) post-judgment interest; (5) reasonable attorney
fees; and (6) costs.
The Plaintiffs further seek to recover from Defendant the greater
of: (1) statutory damages for filing fraudulent information
returns; and (2) (a) actual damages from filing fraudulent
information returns; (b) reasonable attorney fees; and (c) costs.
Plaintiff Bao was employed by the Defendants to work as a
miscellaneous kitchen helper at Water Song Yunnan Kitchen from
December 8, 2024 through April 10, 2025.
Water Song Food and Beverage LLC operates the restaurant "Water
Song Yunnan Kitchen" located in Baltimore, Maryland.[BN]
The Plaintiffs are represented by:
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
E-mail: tiffanytroy@troypllc.com
troylaw@troypllc.com
WELLS FARGO: Agrees to Settle CARES Act Class Suit for $56.85MM
---------------------------------------------------------------
Top Class Actions reports that Wells Fargo agreed to a $56.85
million class action lawsuit settlement to resolve claims it
violated the federal Fair Credit Reporting Act (FCRA) by failing to
report CARES Act forbearances accurately.
The Wells Fargo settlement benefits California mortgagors with a
mortgage on property located in California whose accounts were
"current," who received a CARES Act forbearance on or after March
27, 2020, and whose accounts were reported as "in forbearance" (or
something similar) by Wells Fargo to a consumer reporting agency.
Plaintiffs in the class action lawsuit accused Wells Fargo of
violating the FCRA by reporting accounts with CARES Act
forbearances as "in forbearance" instead of "current." This
allegedly inaccurate reporting harmed consumers' credit scores.
Wells Fargo is a bank that offers a variety of financial services,
including mortgages.
Wells Fargo has not admitted any wrongdoing but agreed to pay
$56.85 million to resolve the FCRA class action lawsuit.
Under the terms of the Wells Fargo settlement, class members can
receive an equal share of the net settlement fund. Exact payments
will vary depending on the number of participating class members
and the amount deducted for fees and expenses. Class members who
receive a settlement check will have 90 days to cash it.
Any funds remaining in the settlement after the first round of
payments may be used for a second round of payments if the
remaining funds are large enough to warrant a second distribution.
If the remaining funds are not large enough to warrant a second
round of payments, the funds will be donated to Credit Builders
Alliance, a nonprofit organization that helps low- and
moderate-income consumers build credit.
The deadline for exclusion and objection is March 25, 2026.
The final approval hearing for the settlement is scheduled for
April 17, 2026.
No claim form is required to benefit from the Wells Fargo CARES Act
class action settlement. Class members who do not exclude
themselves will automatically receive settlement benefits.
Who's Eligible
California residents with a Wells Fargo mortgage on property in
California who were current on their mortgage payments and received
a CARES Act forbearance on or after March 27, 2020, and whose
accounts were reported as "in forbearance" by Wells Fargo to a
consumer reporting agency.
Potential Award
TBD
Proof of Purchase
N/A
Claim Form Deadline
03/25/2026
Case Name
Stoff v. Wells Fargo Bank N.A., Case No.
37-2020-00020808-CU-BT-CTL, in the Superior Court of California,
County of San Diego
Final Hearing
04/17/2026
Settlement Website
CaresActLitigation.com
Claims Administrator
Wells Fargo CARES Act Mortgage Credit Reporting Class Action
c/o A.B. Data Ltd.
P.O. Box 173008
Milwaukee, WI 53217
info@CaresActLitigation.com
(877) 307-7268
Class Counsel
Andrew Brown
THE LAW OFFICES OF ANDREW J. BROWN
Russell S. Thompson IV
THOMPSON CONSUMER LAW GROUP P.C.
Defense Counsel
Enu Mainigi
Craig Singer
Suzanne Salgado
WILLIAMS & CONNOLLY LLP
Mark Lonergan
Rebecca Saelao
STINSON LLP [GN]
*********
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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