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C L A S S A C T I O N R E P O R T E R
Tuesday, April 28, 2026, Vol. 28, No. 84
Headlines
ABBOTT LABS: Derivative Settlement Approval Hearing Set for June 4
ACCURATE EMPLOYMENT: Bowling Sues Over Misleading Consumer Reports
ALCLEAR LLC: Dixon Employment Suit Removed to C.D. Cal.
ALP-N-ROCK LLC: Pittman Seeks Equal Website Access for the Blind
ALPHA RESIDENTIAL: Rogers Files TCPA Suit in M.D. Tennessee
AMERICAN AIRLINES: Class Certification Bid Filing Due May 7
ANAIAH HOSPICE CARE: Pacheco Files Suit in Cal. Super. Ct.
AQUA BLUE: Has Made Unsolicited Calls, Patel Suit Claims
AT&T WIRELESS: Summary Judgment in Unpaid Taxes Suit Upheld in Part
BABCOCK & WILCOX: Cho Sues Over Exchange Act Violation
BANK OF AMERICA: Supreme Court Denies Appeal on Bond Class Action
BOBS TOWING: Willer-Grinkewicz Files Suit in E.D. Pennsylvania
BOPPY COMPANY: See Seeks Equal Website Access for the Blind
BROWN UNIVERSITY: 2d Cir. Affirms Dismissal of Choh Class Suit
BROWN UNIVERSITY: Students Seeks New Law Firm for Antitrust Suit
BUFFALO, NY: Spada Files Suit in W.D. New York
BYHEART INC: Sepulveda Suit Transferred to S.D. New York
BYHEART INC: Valenzuela Suit Transferred to S.D. New York
CALIFORNIA FINE WINE: Nguyen Suit Transferred to S.D. California
CAMPBELL'S COMPANY: Garvey Sues Over Soup's Microwavable Labels
CANON USA: Ponton Suit Removed to E.D. California
CAPITAL ONE: NTech Consulting Files FCRA Suit in E.D. Virginia
CBS INTERACTIVE: Website Uses Tracking Technologies, White Says
CELL MARQUE: Lor Employment Suit Removed to E.D. Cal.
CELL MARQUE: Lor Suit Removed to E.D. California
CERNER CORPORATION: Park Suit Transferred to W.D. Missouri
CLOUDINARY INC: Profeta Files Suit in N.D. California
COMPASS MINERALS: July 12 Fair Fund Claim Submission Deadline Set
CONDUENT INC: DiStefano Data Breach Suit Removed to E.D. Wis.
CONEY PARTNERS: Suit Alleges Tip Misappropriation, Retaliation
DATABANK HOLDINGS: Manosca Suit Removed to C.D. California
DERMCARE MANAGEMENT: Garcia Files Suit in S.D. Florida
DERMCARE MANAGEMENT: Sued Over Inadequately Protected Network
DESPERADOS LLC: Garibay Sues Over Unlawful Taking of Tip Credit
DETAIL GARAGE LLC: Gavidia Files TCPA Suit in S.D. California
DHL EXPRESS: Plaras Sues Over Illegal Imported Tariff on Products
DISTRICT OF COLUMBIA: Appeal of Moore Suit Dismissal Rejected
DOMINO'S PIZZA: Faces Class Action Suit Over Misleading Tax Fees
DRIVEN BRANDS: Hollywood Police Balks at 30% Drop in Share Price
E. MORTGAGE CAPITAL: Frater Files TCPA Suit in C.D. California
EAST ROCKAWAY ASSESSORS: Harry D. Files Suit in N.Y. Sup. Ct.
ESSENCIA HOME CARE: Arellano Sues Over Failure to Pay Overtime
FARMINGDALE ASSESSORS: Rose Lo Curto Files Suit in N.Y. Sup. Ct.
FCA US: 9th Cir. Affirms Denial of Arbitration Bid in Olson Suit
FEDERAL EXPRESS: Reiser Suit Transferred to W.D. Tennessee
FITNESS CHAMPS: Faces Shareholder Class Action Lawsuit
FOR WELLNESS LABS: Sanchez Suit Removed to S.D. California
FREEDMAN HEALTHCARE: Barrette Files Suit Over Data Breach
FUNKO LLC: Booker Seeks Equal Website Access for Blind Users
GAINSCO INC: Gillard Files TCPA Suit in N.D. Texas
GENX MINING: Downing Sues Over Failure to Pay Overtime
GILLIG LLC: Bales Suit Removed to N.D. California
GOLDKRESS INVESTMENTS: Townsend Files FLSA Suit in E.D. Virginia
GOOGLE LLC: Agrees to Settle Racial Discrimination Suit for $50MM
HARDMAN BAR & GRILL: Gluck Files Suit in Cal. Super. Ct.
HASBRO INC: Faces Class Action Over Data Security Failures
HDR ENGINEERING: Gilman Suit Removed to E.D. Washington
HEALTH CARE SERVICE: Class Cert Bid Hearing Set for May 18
HIGHLANDS COMMUNITY CHARTER: Brishna Files Suit in Cal. Super. Ct.
HOME DEPOT: McGinity Class Suit Removed to N.D. Calif.
HONEYLOVE SCULPTWEAR: McMurren Suit Removed to N.D. California
IDAHOAN FOODS: Faces Class Suit Over Falsely Advertised Potatoes
IKE'S LOVE & SANDWICHES: White Files TCPA Suit in C.D. California
IMPERFECT FOODS: Brown Suit Removed to N.D. California
INTER-CON SECURITY: Butron Seeks to Recover Unpaid Overtime
INTERMOUNTAIN PACKING: Grover Sues Over WARN Act Violation
INTERNATIONAL GOLF: Lucas Files Suit in Cal. Super. Ct.
ISLAND PARK ASSESSORS: Meltzer Files Suit in N.Y. Sup. Ct.
J.G. WENTWORTH: Discloses Financial Info to 3rd Party, Suit Says
J.R. SIMPLOT COMPANY: Gonzales Suit Removed to E.D. Washington
JR SIMPLOT: Westbrook Wage-and-Hour Suit Removed to E.D. Cal.
JULIE'S CAFETERIA: Faces Cerezo Wage-and-Hour Suit in E.D.N.Y.
KENNEDY RICE: Blind Users Can't Access Website, Espinal Suit Claims
KERKERING BARBERIO: McDivitt Files Suit in Fla. Super. Ct.
KEYSTONE TECHNOLOGIES: Keyes Sues Over Data Breach
LACI TRANSPORT: Summary Judgment in Stingley and Johnson Affirmed
LAKESHORE LEARNING: Erwin Consumer Suit Removed W.D. Wash.
LANA UNLIMITED: Website Inaccessible to Blind Users, Bowman Claims
LON SMITH: Texas Court of Appeals Affirms Arbitration Order in Keys
LONG BEACH ASSESSORS: A-Jlo Files Suit in N.Y. Sup. Ct.
LOOP LLC: Oil Spill Devastates Coastal Fishing Areas, Rodrigue Says
M&T BANK: Wins Summary Judgment in Proxy Fraud Suit
MAV KG LLC: Perez Suit Removed to E.D. California
MDL 2875: Settles Contaminated Medication Class Suit for $15.2MM
MEDICAL ANSWERING: Blazek FLSA Suit Transferred to N.D. New York
MERASTAR INSURANCE: Hagan Suit Removed to C.D. California
MERCER ADVISORS INC: Doe Files Suit in S.D. California
MERCOR.IO CORPORATION: Ramos Files Suit in N.D. California
MGR FREIGHT: Fails to Pay Proper Wages, Omar Alleges
MONEYLION TECHNOLOGIES: Murphy Suit Removed to W.D. Washington
MR. COOPER: Faces Class Suit Over Mortgage Prepayment Penalties
NACOGDOCHES COUNTY: Fails to Prevent Data Breach, Seibert Says
NASSAU COUNTY ASSESSORS: 153 Main St. Files Suit in N.Y. Sup. Ct.
NASSAU COUNTY ASSESSORS: 160 Hicks Files Suit in N.Y. Sup. Ct.
NASSAU COUNTY ASSESSORS: Amre Associates Files Suit in N.Y. Sup. Ct
NASSAU COUNTY ASSESSORS: FOE Files Suit in N.Y. Sup. Ct.
NASSAU COUNTY ASSESSORS: MCL Files Suit in N.Y. Sup. Ct.
NATERA INC: Securities Class Action Opt-Out Deadline Set for June 9
NATIONAL OILWELL VARCO: Patch Files Suit in Cal. Super. Ct.
NBCUNIVERSAL MEDIA: Website Uses Tracking Technologies, White Says
NORTHERN METAL: Faces Class Action Lawsuit Over Abrupt Layoffs
NUTRIEN AG: Conspires to Raise Fertilizers' Prices, JS Farms Says
OLLY PUBLIC: Faces Class Suit Over Gummy Products' False Ads
PARIS PRESENTS: Espinal Seeks Equal Website Access for the Blind
PCA CENTRAL CALIFORNIA: Rhynes Suit Removed to E.D. California
PENDULUM THERAPEUTICS: Joseph Files Suit in Cal. Super. Ct.
PENSHURST TRADING: Suit Seeks Equal Website Access for the Blind
PERFORMANCE SYSTEMS: Morris Suit Removed to W.D. Washington
PLANNED BUILDING: Alvarez Sues Over Unpaid Overtime Wages
QBE HOLDINGS: Faces Cook Suit Over Mismanagement of 401(k) Plan
RED VIOLET INC: Barrow Sues Over Pervasive Compiling of Numbers
RENTGROW INC: Doe Suit Alleges Violation of FCRA
REV GROUP: Unified Government Suit Transferred to E.D. Wisconsin
ROANOKE, VA: Fails to Pay Proper Wages, Sellers Alleges
ROKU INC: Faces Class Action Suit Over Defective Software Updates
RUG PAD: Blind Users Face Barriers to Website Access, Wood Says
SACRAMENTO VALLEY: Bejgi Files Suit in Cal. Super. Ct.
SAK CONSTRUCTION: Vaca Labor Suit Removed to E.D. Cal.
SAN DIEGO STATE: Agrees to Settle Athletic Class Suit for $300,000
SIGNIA HOTEL: Valtierra Suit Removed to N.D. California
SMURFIT KAPPA: Melendez Labor Suit Removed to C.D. Calif.
SPROUTS FARMERS MARKET: Washington Files Suit in Cal. Super. Ct.
STAFFDNA LLC: Block Files Suit in Cal. Super. Ct.
STARR INSURANCE: Fails to Secure Personal Info, Bottomley Says
STATE FARM: Agrees to Settle Arkansas Class Action for $15.6MM
STUDEBAKER HEALTH: Denial of Arbitration Bid in Santana Flipped
SUPER MICRO: Hialeah Employees' Balks at Misleading Business Info
SYNOPSYS INC: Fails to Safeguard Private Info, Waring Alleges
SYSCO SAN FRANCISCO: Huerta Files Suit in Cal. Super. Ct.
T & C OF WELLFORD: Meyer Suit Seeks Unpaid Wages for Club Dancers
TOTAL RENAL: Del Rosario Labor Suit Removed to N.D. Cal.
UNITED HEALTH: Moe Karami Class Suit Removed to W.D. Okla.
UNITED HEALTH: Odom Class Suit Removed to D. Minn.
UNITED STATES: Benitez Balks at Illegal Seizures, Discrimination
VANILLA CHIP: TruHeight Does Not Promote Growth, Class Suit Claims
VEGAMOUR LLC: Ford Files Suit Over Blind-Inaccessible Website
WEST VIRGINIA: Denial of Class Certification Bid in Bryant Affirmed
YELLOW DOG: Website Inaccessible to Blind Users, Bennett Says
ZUFFA LLC: Johnson Files Bid to Transfer Suit, Compel Subpoena
*********
ABBOTT LABS: Derivative Settlement Approval Hearing Set for June 4
------------------------------------------------------------------
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
IN RE ABBOTT LABORATORIES
INFANT FORMULA SHAREHOLDER
DERIVATIVE LITIGATION
CASE NO: 1:22-cv-5513
Hon. Sunil R. Harjani
Hon. Laura K. McNally
NOTICE OF PROPOSED SETTLEMENT OF CONSOLIDATED DERIVATIVE
ACTION, FINAL SETTLEMENT HEARING, AND RIGHT TO APPEAR
TO: ALL CURRENT HOLDERS OF ABBOTT LABORATORIES COMMON STOCK
PLEASE READ THIS NOTICE CAREFULLY THE UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT OF ILLINOIS HAS
AUTHORIZED THIS NOTICE TO BE SENT TO YOU THIS IS NOT A
SOLICITATION
This notice (the "Notice") advises you of the proposed settlement
(the "Settlement") of derivative claims brought against certain
current and former directors and officers ("Individual Defendants")
of Abbott Laboratories ("Abbott" or the "Company") (collectively
with the Individual Defendants, "Defendants"). The parties to the
Consolidated Derivative Action, have entered into a Stipulation and
Agreement of Settlement (the "Stipulation"), which is subject to
approval by the United States District Court for the Northern
District of Illinois (the "Court") before becoming final. If the
Settlement is approved by the Court, all Released Claims against
all Released Parties (as those terms are defined in the
Stipulation) will be dismissed with
prejudice.
A hearing (the "Settlement Hearing") will be held before the
Honorable Sunil R. Harjani on June 4, 2026, at 9:30 A.M. at
Courtroom 1925 of the United States District Court for the Northern
District of Illinois, 219 South Dearborn Street, Chicago, Illinois
60604, to determine: (i) whether the proposed Settlement should be
approved by the Court as fair, reasonable, and adequate; (ii)
whether the Consolidated Derivative Action should be dismissed with
prejudice; (iii) whether the Court should award attorneys' fees,
and reimbursement of expenses for Lead Plaintiffs' Counsel and
service awards for the Lead Plaintiffs, and in what amount; and
(iv) to hear such other matters as may properly come before the
Court.
If you are a current Abbott Shareholder, and you
wish to express an objection to any portion of the Settlement or
Lead Plaintiffs' Counsel's application for attorneys' fees and
reimbursement of expenses, including service awards for the Lead
Plaintiffs, you must send a signed letter or other signed written
submission providing a detailed statement of your specific
objections. Your written objection must: (i) state your name,
address, and telephone number; (ii) provide the number of shares of
Abbott common stock you own as of the date of the submission,
accompanied by copies of brokerage statement(s) evidencing such
ownership of Abbott common stock; and (iii) provide a detailed
description of your specific objections to any matter before the
Court, all the grounds for your objections, and any documents you
wish the Court to consider. You must mail the objection and your
supporting papers to the Court (or otherwise file your objection
with the Court). You must also mail each of the attorneys listed at
the addresses provided below to arrive no later than May 18, 2026.
Court:
Clerk of the Court
United States District Court for the Northern District of Illinois
219 South Dearborn Street
Chicago, IL 60604
Lead Plaintiff's Counsel:
Carol V. Gilden
COHEN MILSTEIN SELLERS & TOLL PLLC
200 S. Wacker Drive, Suite 2375
Chicago, Illinois 60606
Justin O. Reliford
SCOTT+SCOTT
ATTORNEYS AT LAW LLP
222 Delaware Avenue, Suite 1405
Wilmington, DE 19801
Abbott's Counsel:
Eric R. Swibel
LATHAM & WATKINS LLP
330 N. Wabash Ave., Suite 2800
Chicago, Illinois 60611
Individual Defendants' Counsel:
Brenton A. Rogers
KIRKLAND & ELLIS LLP
333 West Wolf Point Plaza
Chicago, Illinois 60654
PLEASE DO NOT CONTACT THE COURT FOR INFORMATION OR TELEPHONE THE
COURT OR CLERK'S OFFICE REGARDING THIS NOTICE.
Any questions regarding this Notice or the proposed Settlement, or
requests to obtain copies of Settlement-related documents,
including copies of the papers to be submitted in support of final
approval of the Settlement and the application for attorneys' fees
and reimbursement of expenses, including service awards for the
Lead Plaintiffs, may be directed to the following Lead Plaintiffs'
Counsel:
Carol V. Gilden
COHEN MILSTEIN
SELLERS & TOLL PLLC
200 S. Wacker Drive, Suite 2375
Chicago, Illinois 60606
Telephone: (312) 357-0370
cgilden@cohenmilstein.com
Justin O. Reliford
SCOTT+SCOTT
ATTORNEYS AT LAW LLP
222 Delaware Avenue, Suite 1405
Wilmington, DE 19801
Telephone: (302) 578-7345
jreliford@scott-scott.com
DATE: April 17, 2026
ACCURATE EMPLOYMENT: Bowling Sues Over Misleading Consumer Reports
------------------------------------------------------------------
DONNY BOWLING, individually and on behalf of himself and all others
similarly situated, Plaintiff v. ACCURATE EMPLOYMENT SCREENING,
LLC, Defendant, Case No. 5:26-cv-00124-CHB-MAS (E.D. Ky., April 8,
2026) arises from the Defendant's violations of the Fair Credit
Reporting Act.
The Plaintiff applied for employment with an end user, McLane
Company, Inc., in Kentucky in September of 2025. A written
agreement addressing the production of consumer reports exists
between Defendant and McLane which requires Defendant to produce
reports that comply with the FCRA. The Defendant subsequently
provided McLane with a consumer report concerning Plaintiff for
employment purposes. The Plaintiff's job was terminated after
McLane received a copy of the consumer report produced by
Defendant.
According to the complaint, the Defendant violated the FCRA by,
inter alia: (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,
inaccurate, and/or misleading.
Accurate Employment Screening, LLC produces background screening
and other consumer reports for end users for employment purposes
for a fee.[BN]
The Plaintiff is represented by:
Amy Miller-Mitchell, Esq.
SIRI & GLIMSTAD LLP
101 North Seventh Street, #827
Louisville, KY 40202
Telephone: (929) 223-6940
Facsimile: (646) 417-5967
E-mail: amillermitchell@sirillp.com
ALCLEAR LLC: Dixon Employment Suit Removed to C.D. Cal.
-------------------------------------------------------
The case styled MIKALAH DIXON, individually, and on behalf of all
others similarly situated, Plaintiff v. ALCLEAR, LLC; and DOES 1
through 10, inclusive, Defendants, Case No. 26STCV05287, was
removed from the Superior Court of the State of California in and
for the County of Los Angeles to the United States District Court
for the Central District of California on April 10, 2026.
The District Court Clerk assigned Case No. 2:26-cv-03874 to the
proceeding.
The Plaintiff alleges Defendants' (1) failure to pay minimum wages;
(2) failure to pay overtime compensation; (3) failure to provide
meal periods; (4) failure to authorize and permit rest breaks; (5)
failure to indemnify necessary business expenses; (6) failure to
timely pay final wages ate termination; (7) failure to provide
accurate itemized wage statements; and (8) unfair business
practices.
Alclear, LLC is a technology company that provides biometric secure
identity platforms.[BN]
The Defendant is represented by:
Eric J. Gitig, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: eric.gitig@jacksonlewis.com
ALP-N-ROCK LLC: Pittman Seeks Equal Website Access for the Blind
----------------------------------------------------------------
DEBBIE PITTMAN, individually and on behalf of all others similarly
situated, Plaintiff v. ALP-N-ROCK, LLC, Defendant, Case No.
1:26-cv-03931 (N.D. Ill., April 9, 2026) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://alpnrock.com/, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Alp-N-Rock, LLC manufactures luxury sport-lifestyle clothing for
both men and women. [BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N,
Brooklyn, NY 11234
Office: (844) 731-3343
Direct: (929) 442-2154
Email: Achan@ealg.law
ALPHA RESIDENTIAL: Rogers Files TCPA Suit in M.D. Tennessee
-----------------------------------------------------------
A class action lawsuit has been filed against Alpha Residential TN,
LLC The case is styled as Mathew Rogers, individually and on behalf
of all others similarly situated v. Alpha Residential TN, LLC doing
business as: Alpha Residential, Case No. 3:26-cv-00464 (M.D. Tenn.,
April 15, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Alpha Residential TN, LLC doing business as Alpha Residential --
https://alpharesidential.com/ -- is a privately held investment
firm with a single focus: aligning with sophisticated investors and
asset managers.[BN]
The Plaintiff is represented by:
James Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
AMERICAN AIRLINES: Class Certification Bid Filing Due May 7
-----------------------------------------------------------
In the class action lawsuit RE: DOMESTIC AIRLINE TRAVEL ANTITRUST
LITIGATION, Case No. 1:15-mc-01404 (D.D.C., Filed Oct. 13, 2015),
the Hon. Judge Colleen Kollar-Kotelly entered an order granting the
parties' Consent Motion to Amend Scheduling Order regarding Class
Certification and adopting the deadlines:
-- Deadline for Plaintiffs' Class Certification Motion and any
supporting expert reports is May 7, 2026
-- Deadline for Defendants' opposition to class certification
motion,
supporting expert reports, and to depose Pls.' experts is
Nov. 12, 2026
-- Deadline for Plaintiffs' reply to class certification motion,
to
depose Defs' experts, and file any rebuttal reports is
Feb. 25, 2027.
-- Deadline for Defendants' to take depositions re: rebuttal
reports is
April 7, 2027.
The deadlines related to the Daubert motions are as follows:
-- Motions by April 28, 2027
-- Oppositions by June 16, 2027
-- Replies by July 21, 2027
The nature of suit states Antitrust Litigation.[CC]
ANAIAH HOSPICE CARE: Pacheco Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Anaiah Hospice Care,
Inc., et al. The case is styled as Irish Pacheco, on behalf of
herself and all others similarly situated and all aggrieved
employees pursuant to Labor Code Section 2698 v. Anaiah Hospice
Care, Inc. doing business as Monarch Hospice and Palliative Care,
Jason Bliss, Does 1-10, Case No. 26CV009568 (Cal. Super. Ct.,
Sacramento Cty., April 15, 2026).
The case type is stated as "Other Employment Complaint Case."
Anaiah Hospice Care, Inc. doing business as Monarch Hospice and
Palliative Care -- https://monarchhospicecare.com/ -- is dedicated
to offering compassionate, personalized care for those facing
life-limiting illnesses.[BN]
The Plaintiff is represented by:
Amit Peery, Esq.
THE PEERY LAW FIRM
4550 E. Thousand Oaks Blvd., Ste. 100
Westlake Village, CA 91362-3824
Phone: 818-995-4079
Fax: 818-995-6514
Email: ap@peerylaw.com
AQUA BLUE: Has Made Unsolicited Calls, Patel Suit Claims
--------------------------------------------------------
MONEAL PATEL, individually and on behalf of all others similarly
situated, Plaintiff v. AQUA BLUE CAR WASH LLC, Defendant, Case No.
3:26-cv-02245-GPC-BJW (S.D. Cal., April 9, 2026) seeks to stop the
Defendants' practice of making unsolicited calls.
Aqua Blue Car Wash LLC offers car care services with unlimited
washes and complimentary amenities. [BN]
The Plaintiff is represented by:
Gerald D. Lane Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26th Street
Wilton Manors, FL 33305
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
AT&T WIRELESS: Summary Judgment in Unpaid Taxes Suit Upheld in Part
-------------------------------------------------------------------
In the case, CITY OF UNIVERSITY CITY, MISSOURI, CITY OF BLUE
SPRINGS, MISSOURI, CITY OF CAPE GIRARDEAU, MISSOURI, CITY OF
CHESTERFIELD, MISSOURI, CITY OF DEXTER, MISSOURI, CITY OF
ELLISVILLE, MISSOURI, CITY OF FERGUSON, MISSOURI, CITY OF
FLORISSANT, MISSOURI, CITY OF GLADSTONE, MISSOURI, CITY OF
INDEPENDENCE, MISSOURI, CITY OF JENNINGS, MISSOURI, CITY OF
KIRKSVILLE, MISSOURI, CITY OF MANCHESTER, MISSOURI, CITY OF
MAPLEWOOD, MISSOURI, CITY OF MARYLAND HEIGHTS, MISSOURI, CITY OF
NORTHWOODS, MISSOURI, CITY OF O'FALLON, MISSOURI, CITY OF VINITA
PARK, MISSOURI, CITY OF WARSON WOODS, MISSOURI, CITY OF WELLSTON,
MISSOURI, AND CITY OF WINCHESTER, MISSOURI, Appellants, v. AT&T
WIRELESS SERVICES, INC. ET AL., Respondent, Case No. ED113046 (Mo.
App.), the Court of Appeals of Missouri, Eastern District, Special
Division, affirmed in part and reversed in part the trial court's
order granting AT&T's motion for summary judgment.
The lengthy dispute began in 2001 when University City, Missouri
and 21 other Missouri municipalities (the Cities), acting as the
named Plaintiffs and representatives of a class consisting of all
but three of Missouri's more than 330 municipalities, sued AT&T
Mobility and dozens of its affiliated companies claiming that AT&T
had been failing to fully pay each City's business license tax on
the gross receipts generated from its business activities occurring
in each municipality.
Much water has passed under this bridge since, most notably the
parties' 2007 settlement agreement, later incorporated into a final
judgment, in which AT&T agreed to pay to the Cities portions of its
past business license tax liability and the license taxes going
forward as defined by the agreement.
As stated, the class action settlement agreement the parties
reached in December 2007 -- later incorporated into an April 18,
2008 final judgment -- is at the heart of the case. To resolve the
Cities' claims to past unpaid license taxes for the period
September 1, 2005 to November 30, 2007, AT&T agreed to pay the
Cities' claims to those taxes subject to the agreement's terms.
AT&T's future tax obligation, that is, its agreement to pay license
taxes going forward from December 1, 2007.
The current iteration of this litigation springs from the Cities'
2017 motion to enforce that settlement agreement and concerns the
parties' dueling summary judgment motions regarding the
interpretation of that agreement. In its motion to enforce, the
Cities claimed that AT&T was in material breach because it had been
systematically underpaying the Cities' license taxes on its gross
revenue receipts generated in each City.
The parties squared off and litigated at length in the trial court.
This appeal centers on whether under the agreement AT&T's business
license tax base includes the gross receipts generated from these
four areas of its business:
1. Prepaid wireless voice and text service;
2. Equipment sales including telephones, accessories, phone
cases, charges, and batteries among other items;
3. Miscellaneous contract charges including local source
revenue such as contract termination charges, late payment fees,
technical customer service support charges, bill reprint fees,
returned check fees, and state sales tax collection income; and
4. Data service including internet access charges.
The parties' summary judgment papers, of course, took opposite
views on each of these main areas of contention. In a
nine-and-a-half-page judgment issued on September 30, 2024, the
trial court agreed with AT&T on all four issues.
It granted AT&T's motion in toto. First, the court found that
section 144.010.1(16)'s definition of "telecommunications service"
barred the Cities' claims entirely because none of the four
categories of receipts at issue are included in that definition.
Next, the court found the Cities' claims were also barred by the
parties' "practical construction" because "at no point during the
negotiations" leading to the agreement did the parties construe
"telecommunications service" to include data services, equipment
sales, or prepaid wireless. Third, the court held that
"governmental estoppel" barred the Cities' claims because the
"Cities expressly agreed to the exclusion of internet access from
taxation and have acted inconsistently with that statement by
requesting taxes be paid and suing thereon." Fourth, that the
settlement agreement contained no meeting of the minds on prepaid
wireless services.
The Cities now appeal in seventeen points focused on whether AT&T
owes the Cities' license taxes on the four areas of its business:
prepaid wireless, equipment sales, miscellaneous contract charges,
and data service/internet access.
The Court of Appeals' analysis of the taxability of these four
areas of AT&T's business depended on its interpretation of the
parties' 2007 settlement agreement under Missouri's well-worn
contract construction principles.
First, the Court of Appeals found that AT&T's prepaid wireless
services are within the agreement's purview so with regard to the
prepaid wireless receipts it granted summary judgment in favor of
the Cities on their motion to enforce. It remanded the issue for
further proceedings as follows: For the period from December 1,
2007 until the point in 2016 when AT&T began including its prepaid
wireless receipts in its tax base, the matter is remanded for
further proceedings including an accounting and to determine the
Cities' damages. For the period from 2016 to the present, the Court
of Appeals likewise remanded for further proceedings to determine a
remedy including a determination of the Cities' damages for AT&T's
failure to source those receipts consistent with the Mobile
Telecommunications Sourcing Act.
Next, as for the second and third categories of receipts, equipment
sales and miscellaneous contract charges, the Court of Appeals
affirmed based on its holding that the "future tax payments"
provision of the agreement reflects the parties' intent to exclude
those areas of AT&T's business in its license tax base.
Finally, the Court of Appeals held that AT&T has established its
right to summary judgment that internet access receipts are not
part of its license tax base.
For these reasons, the Court of Appeals affirmed in part and
reversed and remanded in part.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/0pba4b6
BABCOCK & WILCOX: Cho Sues Over Exchange Act Violation
------------------------------------------------------
Caleb Cho, individually and on behalf of all others similarly
situated v. BABCOCK & WILCOX ENTERPRISES, INC., KENNETH M. YOUNG,
and CAMERON FRYMYER, Case No. 5:26-cv-00886 (N.D. Ohio, April 14,
2026), is brought seeking to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934 (the "Exchange Act") and
Rule 10b-5 promulgated thereunder, against the Company and certain
of its top officials.
This is a federal securities class action on behalf of a class
consisting of all persons and entities other than Defendants that
purchased or otherwise acquired B&W securities between November 5,
2025 and March 11, 2026, both dates inclusive (the "Class
Period").
The Defendants repeatedly touted the purported value of the Power
Generation Contract backlog as evidence that B&W's was robust, and
that demand for B&W's products and services was strong. However,
Defendants did not disclose that if Base Electron defaulted on its
obligations under the purportedly $2.4 billion agreement, Applied
Digital could unilaterally terminate its guarantee of Base
Electron's obligations under the agreement for as little as $50
million.
Throughout the Class Period, Defendants made materially false and
misleading statements regarding the Company's business, operations,
and prospects. Specifically, Defendants made false and/or
misleading statements and/or failed to disclose that: B&W's largest
shareholder, BRC, stood on both sides of the Power Generation
Contract and had close ties to B&W's counterparty; Applied Digital
did not need the products and services that B&W would purportedly
supply pursuant to the Power Generation LNTP and Contract; the
foregoing, at the very least, would raise questions about the
parties' actual intent behind entering into the Power Generation
LNTP and Contract, including whether the Company is likely to
recognize revenues from these agreements; accordingly, the business
and financial prospects of the Company were overstated; and as a
result, Defendants' public statements were materially false and
misleading at all relevant times.
The truth began to emerge on March 12, 2026, when Wolfpack Research
published a short report alleging that B&W had failed to disclose
the close relationship between its largest shareholder, BRC, and
Base Electron, B&W's counterparty to the Power Generation Contract:
Base Electron's directors included BRC Co-CEO and Chairman Riley,
and Base Electron's registered address matched that of BRC's
headquarters, not Applied Digital's. Following publication of the
Wolfpack report, B&W's stock price fell $1.71 per share, or 11.59%,
to close at $13.05 per share on March 12, 2026. As a result of
Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's securities, Plaintiff
and other Class members have suffered significant losses and
damages, says the complaint.
The Plaintiff is represented by:
Robert J. Wagoner, Esq.
DITTMER, WAGONER & STEELE, LLC
107 W. Johnstown Road
Gahanna, OH 43230
Phone: (614) 471-8181
Facsimile: (614) 540-7473
Email: bob@dwslaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood, II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Phone: (212) 661-1100
Facsimile: (917) 463-1044
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
BANK OF AMERICA: Supreme Court Denies Appeal on Bond Class Action
-----------------------------------------------------------------
Missouri Lawyers Media reports that the U.S. Supreme Court declined
on Monday, April 20, to hear a bid by Bank of America and seven
other major financial institutions to prevent American cities from
banding together in a $12 billion class action accusing them of
artificially inflating interest rates on a popular municipal bond.
The justices turned away an appeal by the banks brought after a
lower court upheld a judge's decision to certify the lawsuit
brought by Baltimore, Philadelphia, San Diego and other cities as a
class action. The Supreme Court's action paves the way for the suit
to proceed as a class action.
The other banks are Barclays, Citigroup, Goldman Sachs, JPMorgan
Chase, Royal Bank of Canada, Wells Fargo and Morgan Stanley.
The cities have accused the banks of colluding from 2008 to 2016 to
raise rates on thousands of long-term bonds called variable-rate
demand obligations.
An attorney for the city plaintiffs declined to comment. The
plaintiffs previously said there are thousands of jurisdictions
that are class members in the lawsuit.
A lead attorney for the banks in the Supreme Court appeal did not
immediately respond to a request for comment.
The bonds have short-term rates that typically reset weekly. The
cities contend banks drove up interest rates, reducing available
municipal funding for hospitals, schools and other outlets.
The banks argued in Manhattan federal court that the cities should
be required to sue for damages individually, not as a group. They
also have denied any wrongdoing.
The banks in their appeal contend that U.S. district judges must
first resolve disputes among third-party experts that address
whether common issues predominate before allowing cases to move
forward as class actions. They said the New York-based 2nd U.S.
Circuit Court of Appeals was wrong last year to uphold
certification of a nationwide class of municipal bond issuers.
The banks had told the Supreme Court that the 2nd Circuit's ruling,
if left in place, would encourage overly broad class actions,
dramatically raising potential liability and coercing settlements.
The cities and other municipal issuers countered that the banks
were seeking to transform class certification into a mini-trial on
the merits of a lawsuit.
The plaintiffs also asserted there was no conflict among appellate
courts and that class certification decisions should focus first on
whether common questions can be resolved on a class-wide basis, not
on whether plaintiffs will ultimately prevail. [GN]
BOBS TOWING: Willer-Grinkewicz Files Suit in E.D. Pennsylvania
--------------------------------------------------------------
A class action lawsuit has been filed against A Bobs Towing, Inc.,
et al. The case is styled as Theresa Willer-Grinkewicz, on behalf
of herself and all others similarly situated v. A Bobs Towing, Inc.
d/b/a Bobs Sponges, Mikina Harrison, Case No. 2:26-cv-02485 (E.D.
Pa., April 15, 2026).
The nature of suit is stated as Racketeer/Corrupt Organization for
Racketeering (RICO) Act.[BN]
A Bobs Towing, Inc. -- https://www.abobstowing.com/ -- consists of
a team of experienced professionals and a fleet of well-maintained
tow trucks.[BN]
The Plaintiff is represented by:
Amber Lorraine Weekes, Esq.
KNEUPPER & COVEY PC
17011 Beach Blvd., Suite 900
Huntington Beach, CA 96815-4419
Phone: (215) 999-9767
Email: lorraine@kneuppercovey.com
BOPPY COMPANY: See Seeks Equal Website Access for the Blind
-----------------------------------------------------------
AARON SEE, individually and on behalf of all others similarly
situated, Plaintiff v. THE BOPPY COMPANY, LLC, Defendant, Case No.
1:26-cv-00690-TWP-MKK (S.D. Ind., April 8, 2026) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.boppy.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
The Boppy Company, LLC operates the website that offers
breastfeeding pillows, baby carriers, pregnancy pillows, and other
accessories.[BN]
The Plaintiff is represented by:
Jason B. Marshall, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N
Brooklyn NY 11234
Telephone: (463) 777-4196
Email: jmarshall@ealg.law.com
BROWN UNIVERSITY: 2d Cir. Affirms Dismissal of Choh Class Suit
--------------------------------------------------------------
The U.S. Court of Appeals for the Second Circuit affirmed the
judgment of the U.S. District Court for the District of Connecticut
dismissing the case, TAMENANG CHOH, individually and on behalf of
all others similarly situated, GRACE KIRK, individually and on
behalf of all others similarly situated, Plaintiffs-Appellants, v.
BROWN UNIVERSITY, TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF
NEW YORK, CORNELL UNIVERSITY, TRUSTEES OF DARTMOUTH COLLEGE,
HARVARD UNIVERSITY, TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA,
PRINCETON UNIVERSITY, YALE UNIVERSITY, COUNCIL OF IVY GROUP
PRESIDENTS, Defendants-Appellees, Case No. 24-2826 (2d Cir.).
The two named Plaintiffs-Appellants in this putative class action
played men's and women's basketball at Brown University,
respectively. They bring this suit against the Defendants-Appellees
(Ivy League), a group of eight member universities and a Council of
their respective presidents.
The putative class includes "all Ivy League Athletes recruited to
play a sport by one or more University Defendants, and who, within
the Class Period, attended one of the University Defendants'
undergraduate programs while playing a sport for that school."
The Plaintiffs allege that the University Defendants collectively
agreed not to provide athletic scholarships to their Division I
athletes and not to pay their athletes any compensation (or
reimbursement of education-related expenses) for the athletic
services they provide to the University Defendants. They assert
that this agreement ("Ivy League Agreement") amounts to
price-fixing in violation of Section 1 of the Sherman Act, 15
U.S.C. Section 1. App'x 89–90.
The Defendants moved to dismiss the complaint, and the district
court granted the motion. As relevant to this appeal, the district
court applied the rule of reason and determined that the complaint
failed to satisfy the requirements for defining a plausible
relevant market for either the sale of educational services or the
purchasing of athletic services. As to the primary market alleged,
defined solely with reference to the University Defendants
themselves, it held that the complaint alleges facts which show
that schools other than the University Defendants compete to sell
educational services to and purchase athletic services from elite
student-athletes. As to the markets alleged in the alternative, the
court explained that the sale-and-purchase markets alleged to
include both the Defendant Universities and a few other schools,
including Stanford, Notre Dame, Duke, and Rice, did not
sufficiently plead the boundaries of the relevant product market.
Accordingly, the district court concluded that the facts alleged by
the Plaintiffs are legally insufficient to show an adverse effect
on competition as a whole in a relevant market, as would be
necessary to sustain their Sherman Act Section 1 claims. It further
held that Choh's claim is barred by the statute of limitations. On
appeal, the Plaintiffs challenge the district court's application
of the rule of reason and its assessment of the timeliness of
Choh's claims.
To state a claim under Section 1 of the Sherman Act under the rule
of reason, a plaintiff must allege a plausible relevant market in
which competition will be impaired.
The Second Circuit rejected the Plaintiffs' contention that their
allegations of direct anticompetitive harm excuse them from
pleading a relevant market. The Plaintiffs didn't sufficiently
plead a relevant market. They asserted that the misconduct at issue
occurs in two related markets: (l) the market for educational
services for athletically and academically high-achieving ('AAHA")
students who seek to graduate from college and play Division 1
sports in the National Collegiate Athletic Association ("NCAA"),
and (2) the market for the athletic services of the AAHA students
who seek to play for the University Defendants. They alleged that
each of these two markets can, in turn, be defined with reference
to the University Defendants, or, in the alternative, both the
Defendant Universities and a few other schools, including Stanford,
Notre Dame, Duke, and Rice.
Though the Second Circuit has a relatively permissive pleading
standard, it said the Plaintiffs fail to satisfy it here. The
alleged Ivy-only markets do not encompass all interchangeable
substitute products. Conclusory assertions that AAHA students would
not view colleges or universities outside the Ivy League with
Division I athletics programs to be reasonable substitutes
contradict well-pleaded facts in the complaint explaining that
other academically selective institutions offer athletic
scholarships along with needbased aid for all other students,
without sacrificing their academic standing. The Plaintiffs'
arguments to the contrary conflate the Ivy League brand with the
applicable market for AAHA students.
Moreover, the Second Circuit held that the alleged Ivy-plus markets
for sale of educational services to and purchase of athletic
services from AAHA students are insufficiently defined, as the
complaint does not include a plausible explanation as to why these
markets should be limited to exclude possible substitutes. The
Plaintiffs put forth no accounting of which universities or
colleges comprise the Ivy-plus market, nor do they make clear the
boundaries of the market with respect to its peculiar
characteristics and uses, distinct customers, or any
characteristics peculiar to itself.
The Second Circuit concluded that the Plaintiffs' failure to plead
a relevant market is fatal to both their direct and indirect
allegations of anticompetitive harm under the Sherman Act, Section
1. The district court thus properly dismissed the Plaintiffs' sole
claim. Given this conclusion, the Second Circuit did not consider
Choh's contention that the district court erred in concluding his
challenge was untimely. For these reasons, the judgment of the
district court is affirmed.
A full-text copy of the Court's Summary Order is available at
https://sl1nk.com/6urwp8g
JOSHUA P. DAVIS -- jdavis@bergermontague.com --, Berger Montague
PC, San Francisco, CA (F. Paul Bland, Robert E. Litan --
rlitan@bm.net -- Berger Montague PC, Washington, D.C.; Eric L.
Cramer -- ecramer@bm.net -- Alan Cotler -- alancotler@gmail.com --
Berger Montague PC, Philadelphia, PA; Edward Normand --
tnormand@fnf.law -- Richard Cipolla, Freedman Normand Friedland
LLP, New York, NY, on the brief). FOR PLAINTIFFS-APPELLANTS.
SETH P. WAXMAN -- seth.waxman@wilmerhale.com -- Wilmer Cutler
Pickering Hale and Dorr LLP, Washington, D.C. (David Gringer --
david.gringer@wilmerhale.com -- Alan Schoenfeld --
alan.schoenfeld@wilmerhale.com -- Wilmer Cutler Pickering Hale and
Dorr LLP, New York, NY, on the brief). FOR DEFENDANT-APPELLEE THE
TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA.
Noah J. Kaufman -- noah.kaufman@morganlewis.com -- Morgan, Lewis &
Bockius LLP, Boston, MA; Jon R. Roellke, Morgan, Lewis & Bockius
LLP, Washington, D.C, FOR DEFENDANT-APPELLEE BROWN UNIVERSITY.
Karen Hoffman Lent -- karen.lent@skadden.com -- Skadden, Arps,
Slate, Meagher & Flom LLP, New York, NY; Amy Van Gelder --
amy.vangelder@skadden.com -- Skadden, Arps, Slate, Meagher & Flom
LLP, Chicago, IL, FOR DEFENDANT-APPELLEE TRUSTEES OF COLUMBIA
UNIVERSITY IN THE CITY OF NEW YORK.
Norman Armstrong, Jr. -- norman.armstrong@kirkland.com -- Kirkland
& Ellis LLP, Washington, D.C.; Emily T. Chen --
echen@mcdermottlaw.com -- Kirkland & Ellis LLP, New York, NY, FOR
DEFENDANT-APPELLEE CORNELL UNIVERSITY.
Ishan K. Bhabha, Douglas E. Litvack -- dlitvack@jenner.com --
Jenner & Block LLP, Washington, D.C, FOR DEFENDANT-APPELLEE
TRUSTEES OF DARTMOUTH COLLEGE.
Diane L. McGimsey -- mcgimseyd@sullcrom.com -- Sullivan & Cromwell
LLP, Los Angeles, CA, FOR DEFENDANT-APPELLEE HARVARD UNIVERSITY.
Juan A. Arteaga, Rosa Morales, Crowell & Moring LLP, New York, NY;
Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA, FOR
DEFENDANT-APPELLEE PRINCETON UNIVERSITY.
Charles A. Loughlin -- chuck.loughlin@hoganlovells.com -- Benjamin
F. Holt -- benjamin.holt@hoganlovells.com -- Christopher M.
Fitzpatrick -- chris.fitzpatrick@hoganlovells.com -- Hogan Lovells
US LLP, Washington, D.C, FOR DEFENDANT-APPELLEE YALE UNIVERSITY.
Derek Ludwin -- dludwin@cov.com -- Meaghan Ryan -- dludwin@cov.com
-- Covington & Burling LLP, Washington, D.C, FOR DEFENDANT-APPELLEE
COUNCIL OF IVY GROUP PRESIDENTS.
BROWN UNIVERSITY: Students Seeks New Law Firm for Antitrust Suit
----------------------------------------------------------------
Mike Scarcella of Reuters reports that students suing a group of
major U.S. universities have proposed appointing New York trial
lawyer Steven Molo and his law firm as lead counsel, after a
federal judge in Chicago said he would not allow the class action
to move forward with their original legal team.
The law firms currently representing the students -- Freedman
Normand Friedland and Berger Montague -- asked U.S. District Judge
Matthew Kennelly in a filing on Monday, April, 20, to appoint the
law firm MoloLamken in antitrust litigation involving more than
200,000 current and former college students.
Kennelly last month gave the firms three weeks to find new
leadership for the lawsuit, filed in 2022 against 17 elite colleges
and universities. The case alleges the schools suppressed
competition for financial aid and favored wealthy applicants in
admissions.
The dispute over class certification stems from Kennelly's finding
that another plaintiffs firm that was representing the students,
Gilbert Litigators and Counselors, misled the court about its fee
arrangements. The judge said the firm was not working on a fully
contingent basis, as it had represented, but instead had a
third‑party litigation funder.
Gilbert has denied any wrongdoing.
Molo said in a statement, that he and his firm would "be honored to
serve as lead counsel in this important case." Freedman Normand and
Berger Montague said they looked forward to taking the case to
trial alongside MoloLamken and asked the court to name them as
co‑counsel.
The lawsuit said a group of prominent colleges and universities
violated U.S. antitrust law over a 20-year span by breaching a
pledge not to consider students' finances in making admissions
decisions.
Twelve universities, including Brown, Yale and Columbia, have
already agreed to settlements with the plaintiffs worth nearly $320
million. The remaining defendants include Cornell, University of
Pennsylvania and Georgetown.
All the defendants, including those that have settled, have denied
any wrongdoing.
MoloLamken handles both defense and plaintiff‑side cases,
including class actions and other complex litigation. Molo founded
the firm in 2009 after earlier stints as a prosecutor and
partner at large law firms.
Molo is a lead trial attorney for Elon Musk in his lawsuit accusing
ChatGPT maker OpenAI of violating his founding mission to develop
artificial intelligence for the common good, not profit. That case
is set for a three-week jury trial next week in federal court in
California.
The financial aid lawsuit is scheduled for trial in November, with
plaintiffs seeking hundreds of millions of dollars in damages.
The case is Henry v. Brown University, U.S. District Court for the
Northern District of Illinois, No. 1:22-cv-00125. [GN]
BUFFALO, NY: Spada Files Suit in W.D. New York
----------------------------------------------
A class action lawsuit has been filed against City of Buffalo, et
al. The case is styled as Zachary Spada, and others similarly
situated v. City of Buffalo; New York; Buffalo Parking Authority;
Buffalo Impound Lot; John Doe, all others similarly situated, in
their individual and official capacities; Case No.
1:26-cv-00728-JLS (W.D.N.Y., April 13, 2026).
The nature of suit is stated as Prisoner Civil Rights.
Buffalo -- https://www.buffalony.gov/ -- is a city in the U.S.
state of New York.[BN]
The Plaintiff appears pro se.
BYHEART INC: Sepulveda Suit Transferred to S.D. New York
--------------------------------------------------------
The case styled as Victor Sepulveda and Jessica Castaneda,
individually and on behalf of all others similarly situated v.
ByHeart, Inc., Case No. 1:25-cv-02210 was transferred from the U.S.
District Court for the Middle District of Pennsylvania, to the U.S.
District Court for the Southern District of New York on April 16,
2026.
The District Court Clerk assigned Case No. 1:26-cv-03122-AS to the
proceeding.
The nature of suit is stated as Personal Injury: Health
Care/Pharmaceutical Personal Injury Product Liability.
ByHeart -- https://byheart.com/ -- is an American infant formula
company.[BN]
The Plaintiff is represented by:
Shanon J. Carson, Esq.
Jacob M. Polakoff, Esq.
Justin D. Cole, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Email: scarson@bergermontague.com
jpolakoff@bergermontague.com
jcole@bergermontague.com
- and -
Ariana B. Kiener, Esq.
Jordan C. Hughes, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Phone: (763) 340-0285
Email: akiener@bergermontague.com
jhughes@bergermontague.com
The Defendants are represented by:
Bethany Woodard Kristovich, Esq.
Daniel Benjamin Levin, Esq.
MUNGER, TOLLES & OLSON (LA)
350 South Grand Avenue, 50th Flr
Los Angeles, CA 90071-1560
Phone: (213) 683-9292
Fax: (213) 687-3702
Email: bethany.kristovich@mto.com
daniel.levin@mto.com
- and -
Juliana Yee, Esq.
MUNGER, TOLLES & OLSON LLP (SF)
560 Mission Street, 27th Floor
San Francisco, CA 94105
Phone: (415) 512-4028
Fax: (415) 512-4077
Email: juliana.yee@mto.com
- and -
Timothy Pfenninger, Esq.
DLA PIPER LLP
1650 Market Street, Suite 5000
Philadelphia, PA 19103
Phone: (215) 656-3394
BYHEART INC: Valenzuela Suit Transferred to S.D. New York
---------------------------------------------------------
The case styled as Monica Valenzuela, individually and on behalf of
all others similarly situated v. ByHeart, Inc., Case No.
1:25-cv-06333 was transferred from the U.S. District Court for the
Eastern District of New York, to the U.S. District Court for the
Southern District of New York on April 16, 2026.
The District Court Clerk assigned Case No. 1:26-cv-03126-AS to the
proceeding.
The nature of suit is stated as Prop. Damage Prod. Liability.
ByHeart -- https://byheart.com/ -- is an American infant formula
company.[BN]
The Plaintiff is represented by:
Michael Robert Reese, Esq.
MICHAEL REESE
100 West 93rd Street, Ste. 16th Floor
New York, NY 10025
Phone: (212) 594-5300
Email: mreese@reesellp.com
The Defendants are represented by:
Colleen Gulliver, Esq.
Connor Rowinski, Esq.
DLA PIPER US LLP (NY)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Phone: (212) 335-4500
Fax: (212) 335-4501
Email: colleen.gulliver@us.dlapiper.com
connor.rowinski@us.dlapiper.com
- and -
Bethany Woodard Kristovich, Esq.
Daniel Benjamin Levin, Esq.
MUNGER, TOLLES & OLSON (LA)
350 South Grand Avenue, 50th Flr
Los Angeles, CA 90071-1560
Phone: (213) 683-9292
Fax: (213) 687-3702
Email: bethany.kristovich@mto.com
daniel.levin@mto.com
- and -
Juliana Yee, Esq.
MUNGER, TOLLES & OLSON LLP (SF)
560 Mission Street, 27th Floor
San Francisco, CA 94105
Phone: (415) 512-4028
Fax: (415) 512-4077
Email: juliana.yee@mto.com
CALIFORNIA FINE WINE: Nguyen Suit Transferred to S.D. California
----------------------------------------------------------------
The case styled as Khang Nguyen, individually and on behalf of
himself and all others similarly situated v. California Fine Wine
and Spirits, LLC, Does 1 through 50, inclusive, Case No.
2:26-cv-01445 was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
Southern District of California on April 16, 2026.
The District Court Clerk assigned Case No. 3:26-cv-02440-LL-DEB to
the proceeding.
The nature of suit is stated as Other Labor.
California Fine Wine and Spirits, LLC is a liquor store in Oakland,
California.[BN]
The Plaintiff is represented by:
Christina M. Lucio, Esq.
Mitchell Murray, Esq.
EMPLAW LLP
2235 Encinitas Blvd., Suite 210
Encintas, CA 92024
Phone: (760) 942-9433
- and -
Nicholas Wall Schieffelin, Esq.
KLINEDINST PC
5 Hutton Centre Drive, Suite 1000
Santa Ana, CA 92707
Phone: (714) 542-1800
Fax: (714) 542-3592
Email: nschieffelin@klinedinstlaw.com
The Defendants are represented by:
Sean Michael Rankin Bothamley, Esq.
Andres Antuna, Esq.
Karin Morgan Cogbill, Esq.
JACKSON LEWIS PC
160 West Santa Clara Street, Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Fax: (408) 454-0290
Email: sean.bothamley@jacksonlewis.com
antunaa@jacksonlewis.com
Karin.Cogbill@jacksonlewis.com
CAMPBELL'S COMPANY: Garvey Sues Over Soup's Microwavable Labels
---------------------------------------------------------------
MARGARET PEGGI LOUISE GARVEY, individually and on behalf of all
others similarly situated, Plaintiff v. THE CAMPBELL'S COMPANY,
Defendant, Case No. 3:26-cv-03097-TSH (N.D. Cal., April 10, 2026)
is a class action against the Defendant for violations of
California Business and Professions Code and the Consumer Legal
Remedies Act, unjust enrichment, and breach of warranty.
The case arises from the Defendant's alleged false, deceptive, and
misleading advertising, labeling, and marketing of its microwavable
soup products. According to the complaint, the Defendant represents
its soup products as "Microwavable." In reality, the products' lids
and packaging are made of polypropylene plastic, which scientific
studies have shown releases harmful microplastics directly into the
soup when microwaved and, as a result, the products cannot be
safely heated in a microwave. Had the Plaintiff and similarly
situated consumers known the truth, they would not have purchased
the products.
The Campbell's Company is a food manufacturer based in New Jersey.
[BN]
The Plaintiff is represented by:
James A. Morris, Esq.
Shane. A. Greenberg, Esq.
JAMES MORRIS LAW FIRM PC
4001 W. Alameda Avenue, Suite 202
Burbank, CA 91505
Telephone: (747) 283-1144
Facsimile: (747) 283-1143
Email: jmorris@jamlawyers.com
sgreenberg@jamlawyers.com
- and -
Daniel J. Orlowsky, Esq.
ORLOWSKY LAW, LLC
7777 Bonhomme, Suite 1910
St. Louis, MO 63105
Telephone: (314) 725-5151
Facsimile: (314) 455-7375
Email: dan@orlowskylaw.com
- and -
Adam M. Goffstein, Esq.
GOFFSTEIN LAW, LLC
7777 Bonhomme, Suite 1910
St. Louis, MO 63105
Telephone: (314) 725-5151
Facsimile: (314) 455-7278
Email: adam@goffsteinlaw.com
CANON USA: Ponton Suit Removed to E.D. California
-------------------------------------------------
The case captioned as Ernesto Ponton, an individual, on behalf of
himself and all others similarly situated and aggrieved v. CANON
U.S.A., INC., a New York Corporation; and DOES 1 through 10,
inclusive, Case No. 26CV004356 was removed from the Superior Court
of the State of California for the County of Sacramento, to the
United States District Court for the Eastern District of California
on April 13, 2026, and assigned Case No. 2:26-at-00630.
The Complaint asserts eight causes of action against CUSA for:
Failure To Provide Meal Periods; Failure To Provide Rest Breaks;
Failure To Pay Minimum Wages; Failure To Pay Overtime Wages;
Failure To Furnish Timely And Accurate Wage Statements; Failure To
Pay All Wages Upon Separation; Violation Of California's Unfair
Competition Law ("UCL"); And Civil Penalties For Violations Of
Labor Code, Pursuant To California's Private Attorneys General Act
("PAGA").[BN]
The Defendants are represented by:
Nisha Verma, Esq.
Pavlina K. Rafter, Esq.
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626
Phone: (714) 800-1400
Facsimile: (714) 800-1499
Email: verma.nisha@dorsey.com
rafter.pavlina@dorsey.com
CAPITAL ONE: NTech Consulting Files FCRA Suit in E.D. Virginia
--------------------------------------------------------------
A class action lawsuit has been filed against Capital One, N.A. The
case is styled as NTech Consulting, LLC, Nikhil Navkal, on behalf
of themselves and all others similarly situated v. Capital One,
N.A., Case No. 3:26-cv-00308-RCY (E.D. Va., April 15, 2026).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Capital One Financial Corporation -- https://www.capitalone.com/ --
is an American bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in Tysons,
Virginia.[BN]
The Plaintiffs are represented by:
Gregory Scott Duncan, Esq.
LAW OFFICE OF GREGORY S. DUNCAN
222 Court Square
Charlottesville, VA 22902
Phone: (434) 979-8556
Email: gregdun@ntelos.net
CBS INTERACTIVE: Website Uses Tracking Technologies, White Says
---------------------------------------------------------------
AUSTIN WHITE, on behalf of himself and all similarly situated
persons, Plaintiff v. CBS INTERACTIVE INC., a Delaware corporation,
Defendant, Case No. 3:26-cv-03064 (N.D. Cal., April 9, 2026) is a
class action against the Defendant for embedding interception
technologies in its website, www.cbsnews.com in violation of the
California Invasion of Privacy Act and the Federal Wiretap Act.
The complaint relates that the Defendant surreptitiously embeds and
operates third-party tracking technologies on the Website that
intercept the contents of users' electronic communications,
including the page URLs reflecting what users are browsing, in real
time and without notice or consent. Defendant intentionally deploys
these technologies to accomplish its commercial objectives,
including identity resolution, cross-session behavioral profiling,
audience segmentation, and the monetization of users' browsing
activity through targeted advertising and real-time bidding. As a
result, Defendant causes the interception and transmission of the
contents of users' electronic communications with the Website to
servers controlled by the Third Parties. Defendant's conduct is
intentional and coordinated, as the Trackers operate pursuant to
Defendant's deliberate configuration and are not necessary to
render the Website's core content or functionality.
The Plaintiff and the Class Members did not consent to the
installation, execution, embedding, or injection of the Trackers on
their devices and did not consent to the contents of their
communications with the Website being intercepted by third parties,
says the suit.
The Plaintiff and the Class seek injunctive relief, nominal
damages, and all other relief authorized by law.
Plaintiff AUSTIN WHITE was in California when he visited the
Website, which occurred on multiple occasions during the class
period including on March 15, 2026.
Defendant CBS INTERACTIVE INC. is one of the most-visited digital
news platforms in the United States, publishing news, investigative
reports, video content, and live event coverage across its digital
properties.[BN]
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Hwy., Suite 200
Newport Beach, CA 92663
Office: (949) 270-2798
E-mail: rnathan@nathanlawpractice.com
- and -
Ross Cornell, Esq.
LAW OFFICES OF ROSS CORNELL, APC
P.O. Box 1989 #305
Big Bear Lake, CA 92315
Office: (562) 612-1708
E-mail: rc@rosscornelllaw.com
CELL MARQUE: Lor Employment Suit Removed to E.D. Cal.
-----------------------------------------------------
The case styled PANG LOR, as an individual and on behalf of all
others similarly situated, Plaintiff v. CELL MARQUE CORPORATION, a
Texas corporation; EMD MILLIPORE CORPORATION a Massachusetts
corporation, and DOES 1 through 10, inclusive, Defendants, Case No.
S-CV-0057144, was removed from the Superior Court for the State of
California, County of Placer, to the United States District Court
for the Eastern District of California on April 13, 2026.
The District Court Clerk assigned Case No. 2:26-at-00629 to the
proceeding.
The Plaintiff's complaint asserts these causes of action: (1)
failure to pay minimum wages; (2) failure to pay overtime
compensation; (3) failure to provide meal periods; (4) failure to
authorize and permit rest breaks; (5) failure to indemnify
necessary business expenses; (6) failure to timely pay final wages
at termination; (7) failure to provide accurate itemized wage
statements; and (8) unfair business practices.
Cell Marque Corporation manufactures and supplies primary
antibodies to ventana medical systems.[BN]
The Defendants are represented by:
Kara A. Ritter Cole, Esq.
Stephanie A. Kierig, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101
Telephone: (619) 232-0441
Facsimile: (619) 232-4302
E-mail: kcole@littler.com
skierig@littler.com
CELL MARQUE: Lor Suit Removed to E.D. California
------------------------------------------------
The case captioned as Pang Lor, as an individual and on behalf of
all others similarly situated v. CELL MARQUE CORPORATION, a Texas
corporation; EMD MILLIPORE CORPORATION a Massachusetts corporation,
and DOES 1 through 10, inclusive, Case No. S-CV-0057144 was removed
from the Superior Court for the State of California, County of
Placer, to the United States District Court for the Eastern
District of California on April 13, 2026, and assigned Case No.
2:26-at-00629.
The Plaintiff's Complaint asserts the following causes of action:
Failure to Pay Minimum Wages; Failure to Pay Overtime Compensation;
Failure to Provide Meal Periods; Failure to Authorize and Permit
Rest Breaks; Failure to Indemnify Necessary Business Expenses;
Failure to Timely Pay Final Wages at Termination; Failure to
Provide Accurate Itemized Wage Statements; and Unfair Business
Practices.[BN]
The Defendants are represented by:
Kara A. Ritter Cole, Esq.
Stephanie A. Kierig, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101
Phone: 619.232.0441
Facsimile: 619.232.4302
Email: kcole@littler.com
skierig@littler.com
CERNER CORPORATION: Park Suit Transferred to W.D. Missouri
----------------------------------------------------------
The case captioned as Kyle Park, Michele Papadopoulos, individually
and on behalf of all others similarly situated v. Cerner
Corporation doing business as: Oracle Health Inc., Ascension
Health, Case No. 4:26-cv-00073 was transferred from the U.S.
District Court for the Eastern District of Missouri, to the U.S.
District Court for the Western District of Missouri on April 13,
2026.
The District Court Clerk assigned Case No. 4:26-cv-00310-BP to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
Cerner Corporation doing business as Oracle Health --
https://www.oracle.com/ -- is a US-based, multinational provider of
health information technology platforms and services.[BN]
CLOUDINARY INC: Profeta Files Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Cloudinary, Inc., et
al. The case is styled as Reuben Profeta, on behalf of himself and
all others similarly situated v. Cloudinary, Inc., Fiverr, Inc.,
Case No. 5:26-cv-03207-SVK (N.D. Cal., April 15, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Cloudinary -- https://cloudinary.com/ -- is a SaaS company
providing cloud media management services for websites and
apps.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Dr.
Beverly Hills, CA 92102
Phone: (858) 209-6941
Fax: (865) 522-0049
Email: jnelson@milberg.com
COMPASS MINERALS: July 12 Fair Fund Claim Submission Deadline Set
-----------------------------------------------------------------
Simpluris, Inc., Fund Administrator for the United States
Securities and Exchange Commission, issued a statement regarding
the Compass Minerals International, Inc., Fair Fund and Plan of
Distribution.
NOTICE OF FAIR FUND DISTRIBUTION PLAN
In the Matter of Compass Minerals International, Inc.
Administrative Proceeding File No. 3-21145
For more information, visit www.CompassMineralsFairFund.com
The United States Securities and Exchange Commission ("SEC") has
settled administrative proceedings (the "Order") against Compass
Minerals International, Inc. ("Compass"). In the Order, the
Commission found that from 2017 to 2018, Compass made repeated
misrepresentations about its plans to reduce costs and about the
production levels at its Goderich salt mine in Canada. In addition
to these violations, Compass filed materials that did not comply
with Generally Accepted Accounting Principles ("GAAP") standards.
The SEC found that Compass' statements violated Section 8(A) of the
Securities Act, and Section 21C of the Securities Exchange Act.
The SEC ordered the Respondents to pay a $12,000,000 civil money
penalty to the Commission. The SEC also created a Fair Fund,
pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so
that the penalty collected can be distributed to harmed investors
(the "Fair Fund").
The Fair Fund will be paid out according to the Plan of
Distribution ("Plan").
A summary of the eligibility criteria and claims process is below.
Full details are available at www.CompassMineralsFairFund.com. You
may also request a copy of the Plan from the Fund Administrator via
email at info@CompassMineralsFairFund.com or by calling
866-675-2446.
Who is eligible to receive a payment from the Fair Fund? To receive
a payment, you must have:
1. purchased Compass common stock between March 2, 2017, and
October 23, 2018;
2. approved transactions that calculate to at least $10.00 of
Recognized Loss under the Plan;
3. not been an Excluded Party under the Plan;
4. submitted a valid Claim Form.
How do I submit a Claim? The easiest way to submit a claim is
online at the Compass Fair Fund website:
www.CompassMineralsFairFund.com. Claim Forms completed online must
be submitted on or before 11:59 p.m. Eastern Standard Time on July
12, 2026.
If you are unable to submit a Claim Form online, you may request a
copy of the paper Claim Form from the Fund Administrator via email
at info@CompassMineralsFairFund.com or by calling 866-675-2446. You
may also download a copy of the Claim Form to print from:
www.CompassMineralsFairFund.com. Claim Forms submitted via mail
must be sent to the address provided on the Claim Form and
postmarked (or if not sent by U.S. Mail, then received) by July 12,
2026.
The Fund Administrator will send a Determination Notice advising
each Eligible Claimant who timely submitted a Claim Form of their
eligibility determination and will provide a calculation of the
claimant's Recognized Loss. The Fund Administrator may consider
disputes of an Eligible Claimant's Recognized Loss calculation if
timely submitted in accordance with the Plan.
This notice is a summary. For more information, visit
www.CompassMineralsFairFund.com
CONDUENT INC: DiStefano Data Breach Suit Removed to E.D. Wis.
-------------------------------------------------------------
The case styled as DANIEL DISTEFANO, individually and on behalf of
all others similarly situated, Plaintiff v. CONDUENT INCORPORATED
and CONDUENT BUSINESS SERVICES, LLC, Defendants, Case No.
2026CV001826, was removed from the Circuit Court for Milwaukee
County, Wisconsin, to the United States District Court for the
Eastern District of Wisconsin on April 10, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00612 to the
proceeding.
The complaint alleges that Conduent acted tortiously in connection
with a cybersecurity incident involving Conduent that occurred
between October 21, 2024 and January 13, 2025. Specifically, the
Plaintiff alleges that his personal information was compromised
during the data breach incident and asserts four causes of action
against Conduent: (1) negligence; (2) negligence per se; (3) unjust
enrichment; and (4) declaratory and injunctive relief.
Conduent Incorporated is an American business services provider
company headquartered in Florham Park, New Jersey.[BN]
The Defendants are represented by:
Daniel G. Murphy, Esq.
Sadie Hobbs, Esq.
REINHART BOERNER VAN DEUREN, S.C.
1000 North Water Street, Suite 1700
Milwaukee, WI 53202
Telephone: (414) 298-1000
E-mail: dmurphy@reinhartlaw.com
shobbs@reinhartlaw.com
CONEY PARTNERS: Suit Alleges Tip Misappropriation, Retaliation
--------------------------------------------------------------
DARLENE LYNN BELLEFEUILLE, an individual, and SOPHIE FALK, an
individual, on behalf of themselves and those similarly situated,
Plaintiffs v. CONEY PARTNERS, LLC, a Michigan Limited Liability
Company, d/b/a GRAND CONEY, Defendant, Case No. 1:26-cv-01144 (W.D.
Mich., April 8, 2026) is an action against the Defendant under the
Fair Labor Standards Act and the Michigan Improved Workforce
Opportunity Wage Act based on Defendant's misappropriation of tips,
and retaliation.
Plaintiff Bellefeuille worked as both a server and
server-supervisor on third-shift at Defendant for nearly three
years, earning $6 an hour, plus tips.
According to the complaint, the Defendant retained and
misappropriated tips that belonged to Plaintiffs, and those
similarly situated. The Defendant failed to distribute tips from
online orders to the servers who worked on those orders. The
Defendant willfully violated the minimum wage provisions of FLSA,
by improperly claiming a tip credit against the wages of
Plaintiffs, and similarly situated employees.
The Plaintiff made her complaints directly to Defendant’
management and HR representative. The Defendant took adverse action
against the Plaintiff. Following Plaintiff Bellefeuille's
complaints, the Defendant reduced her hours and eliminated the tip
option for online orders, therefore, depriving all servers of
earning tips for handling the online orders.
Further, the Defendant demoted Plaintiff Bellefeuille from her
server-supervisor position, which she had held for two years, to a
regular server position. The Defendant's retaliatory actions
ultimately resulted in Plaintiff's constructive discharge, says the
suit.
Coney Partners, LLC, a Michigan Limited Liability Company, d/b/a
Grand Coney, operates a restaurant in Grand Rapids, Michigan.[BN]
The Plaintiff is represented by:
Robert M. Howard, Esq.
CUNNINGHAM DALMAN, P.C.
321 Settlers Road
Holland, MI 49423
Telephone: (616) 392-1821
DATABANK HOLDINGS: Manosca Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Jerry Manosca, individually, and on behalf of
similarly situated employees v. DATABANK HOLDINGS, LTD.; and DOES l
through 25, inclusive, Case No. 26STCV06783 was removed from the
Superior Court of the State of California for the County of Los
Angeles, to the United States District Court for Central District
of California on April 16, 2026, and assigned Case No.
2:26-cv-04103.
In his Complaint, Plaintiff asserts nine causes of action against
DataBank in Violation of California Labor Codes: Minimum Wages;
Unpaid Overtime; Meal Break Violations; Rest Break Violations;
Wages Not Timely Paid During Employment; Wage Statement Violations;
Untimely Final Wages; Failure to Reimburse for Necessary Business
Expenses; and Violation of California Business & Professions Code
Section 17200.[BN]
The Defendants are represented by:
Allison N. Bader, Esq.
O'MELVENY & MEYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, CA 92660
Phone: 949.823.6900
Facsimile: 949.823.6944
Email: abader@omm.com
DERMCARE MANAGEMENT: Garcia Files Suit in S.D. Florida
------------------------------------------------------
A class action lawsuit has been filed against Dermcare Management
LLC. The case is styled as Natalie Garcia, individually and on
behalf of all others similarly situated v. Dermcare Management LLC,
Case No. 0:26-cv-61092-XXXX (S.D. Fla., April 14, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
DermCare Management -- https://www.dermcaremgt.com/ -- offers a
full suite of support services for dermatologists and dermatology
specialists at every stage of their medical career.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Phone: (954) 647-1866
Email: mweekes@milberg.com
DERMCARE MANAGEMENT: Sued Over Inadequately Protected Network
-------------------------------------------------------------
Lizette Rodriguez, individually and on behalf of all others
similarly situated v. DERMCARE MANAGEMENT, LLC, Case No.
0:26-cv-61091-XXXX (S.D. Fla., April 14, 2026), is brought seeking
to hold Defendant responsible for the harms it caused Plaintiff and
similarly situated persons in the preventable data breach of
Defendant's inadequately protected computer network.
Recently, DermCare became aware of suspicious activity on its
computer network, indicating a data breach. Based on a subsequent
forensic investigation, DermCare determined that cybercriminals
infiltrated this inadequately secured network and gained access to
its files between February 14, 2025 and February 26, 2025 (the
"Data Breach"). According to DermCare, the accessed files contained
a wide variety of personally identifiable information ("PII") and
protected health information ("PHI"), including names, dates of
birth, addresses, Social Security numbers, financial account
information, credit and debit card information, passport numbers,
driver's license numbers, medical treatment information, and health
insurance information (collectively, "Personal Information").
As part of its business, and in order to gain profits, Defendant
obtained and stored the Personal Information of Plaintiff and Class
members. By taking possession and control of Plaintiff's and Class
members' Personal Information, Defendant assumed a duty to securely
store and protect the Personal Information of Plaintiff and the
Class. The Defendant breached this duty and betrayed the trust of
Plaintiff and Class members by failing to properly safeguard and
protect their Personal Information, thus enabling cybercriminals to
access, acquire, appropriate, compromise, disclose, encumber,
exfiltrate, release, steal, misuse, and/or view it.
Due to Defendant's negligence and failures, cyber criminals
obtained and now possess everything they need to commit personal
identity theft and wreak havoc on the financial and personal lives
of thousands of individuals, for decades to come. The Plaintiff
brings this class action lawsuit to hold Defendant responsible for
its grossly negligent--indeed, reckless--failure to use statutorily
required or reasonable industry cybersecurity measures to protect
Class members' Personal Information, says the complaint.
The Plaintiff entrusted her Personal Information to the Defendant
in exchange for medical services.
The Defendant is a medical services provider that specializes in
treating vein diseases. Defendant has locations across the
country.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW, P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
- and -
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Will Rogers Pkwy, Suite 700
Oklahoma City, OK 73108
Phone: (405) 389-4989
Email: abm@murphylegalfirm.com
DESPERADOS LLC: Garibay Sues Over Unlawful Taking of Tip Credit
---------------------------------------------------------------
Joseph Garibay, on behalf of himself and all others similarly
situated v. Desperados, LLC, d/b/a Copper Bottom Bar & Grill, Case
No. 2:26-cv-00640-NJ (E.D. Wis., April 14, 2026), is brought under
the Fair labor Standards Act ("FLSA") as a result of the
Defendant's failure to pay minimum wage and unlawful taking of tip
credit.
The Defendant's tip credit is invalid because Desperados'
management steals tips from its employees and Desperados failed to
make the required disclosures before taking tip credit. Desperados
therefore should have paid its employees the minimum wage but did
not do so and owes Plaintiff and the likely collective members
unpaid tips.
The Defendant failed to provide Plaintiff with the required notice
of any tip credit, including the amount of the cash wage, the
amount of the tip credit claimed, and that tips belonged to the
employee except as part of a lawful tip pool. Instead, Defendant
affirmatively misrepresented employees' rights under the FLSA by
informing them that management was permitted to take a portion of
employee tips.
Because Defendant failed to provide the required disclosures, any
purported tip credit was invalid. As a result, Defendant was
required to pay Plaintiff the full minimum wage for all hours
worked and to remit all tips to Plaintiff. Defendant did neither.
Through these practices, Defendant retained and diverted employee
tips and failed to pay lawful wages throughout Plaintiff's
employment, says the complaint.
The Plaintiff is an employee of the Defendant.
Desperados is in the restaurant business, operating a restaurant
called Copper Bottom Bar & Grill.[BN]
The Plaintiff is represented by:
Francisco Fernandez del Castillo, Esq.
DEL CASTILLO LAW GROUP, LLC
11 E. Adams Street, Suite 1401
Chicago, IL 60603
Phone: (312) 216-0111
Email: francisco@delcastillolawgroup.com
DETAIL GARAGE LLC: Gavidia Files TCPA Suit in S.D. California
-------------------------------------------------------------
A class action lawsuit has been filed against Detail Garage LLC.
The case is styled as Steven Alejandro Hernandez Gavidia,
individually and on behalf of all others similarly situated v.
Detail Garage LLC, Case No. 3:26-cv-02367-BTM-BLM (S.D. Cal., April
14, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Detail Garage -- https://detailgarage.com/ -- is your destination
for professional auto detailing supplies, detailing equipment, car
care accessories, and training.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
DHL EXPRESS: Plaras Sues Over Illegal Imported Tariff on Products
-----------------------------------------------------------------
JOHN PLARAS; WILLIAM HARLESS; and DIONNE DAWKINS, individually and
on behalf of all others similarly situated, Plaintiffs v. DHL
EXPRESS (USA), INC., Defendant, Case No. 0:26-cv-61015-XXXX (S.D.
Fla., April 8, 2026) alleges that the Defendant's tariffs on
imported products are illegal under the International Emergency
Economic Powers Act.
Dhl Express (USA), Inc., doing business as DHL Express, provides
mail services. The Company offers addressed letters, parcels, air
and ocean freight. [BN]
The Plaintiffs are represented by:
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
520 South Dixie Hwy, # 240
Hallandale Beach, FL 33009
Telephone: (954) 799-5914
Email: rachel@dapeer.com
- and -
Matthew E. Lee, Esq.
Jeremy R. Williams, Esq.
Patrick M. Wallace, Esq.
LEE SEGUI PLLC
421 N. Harrington Street, Suite 460
Raleigh, NC 27603
Telephone: (919) 600-5000
Email: mlee@leesegui.com
jwilliams@leesegui.com
pwallace@leesegui.com
DISTRICT OF COLUMBIA: Appeal of Moore Suit Dismissal Rejected
-------------------------------------------------------------
In the case, ALEXA MOORE, Appellant, v. DISTRICT OF COLUMBIA, et
al., Appellees, Case No. 22-CV-0760 (D.C. App.), the District of
Columbia Court of Appeals dismissed Moore's appeals of the trial
court's grant of the District's motion to dismiss.
Moore filed a putative class action complaint against the District
of Columbia and multiple private contractors. After the trial court
granted the District's motion to dismiss, Moore dismissed without
prejudice her claims against the remaining private contractors and
appealed the trial court's order.
Following a data breach against the Metropolitan Police Department
(MPD) that revealed hundreds if not thousands of employees'
sensitive information, Moore -- an MPD police officer -- filed a
putative class action complaint against the District of Columbia,
MPD, the Office of the Chief Technology Officer for the District of
Columbia, and several technology contractors, alleging that the
defendants had failed to safeguard her and other employees'
sensitive data. After the complaint and amended complaint were
filed, the list of defendants in the lawsuit dwindled.
First, Moore voluntarily dismissed without prejudice her claims
against two of the private contractors, leaving the government
defendants and three remaining contractors. Next, the trial court
granted the District's motion to dismiss, concluding that MPD and
the Chief Technology Officer were unincorporated government bodies
that could not be sued in their own right and that Moore's
remaining claims against the District were barred by sovereign
immunity. Finally, after moving for reconsideration of the court's
dismissal of the claims against the District, Moore voluntarily
dismissed without prejudice her claims against one of the private
contractor defendants and asked the trial court to close her case.
The trial court denied her motion for reconsideration but agreed to
close the case, and Moore appealed the court's grant of the
District's motion to dismiss and the denial of her request for
reconsideration of that ruling.
A motions panel of this court granted the District's motion to
dismiss the appeal as taken from a non-final, non-appealable order
because the order on appeal did not dismiss two of the named
defendants in the action before closing the case at the Appellant's
request, and the Appellant had not filed a notice dismissing the
two remaining Defendants prior to requesting the case be closed.
The motions panel invited Moore to file a motion to reinstate this
appeal after filing the necessary notices in Superior Court. After
receiving notice from Moore that she had dismissed without
prejudice the two remaining private contractor defendants, the
motions panel granted her motion to reinstate this appeal and
ordered the District to brief its argument that, even after the
dismissal of the remaining parties, this appeal still must be
dismissed as taken from a non-final, non-appealable order.
Moore argued that even though her claims against two private
contractor defendants remained pending in Superior Court at the
time she filed her appeal, the Court of Appeals has jurisdiction to
review the trial court's grant of the District's motion to dismiss
because, at the direction of a motions panel of this court, she has
since dismissed her claims against those two remaining Defendants.
The Court of Appeals opined that Moore had the opportunity to
establish finality by dismissing her claims with prejudice against
the remaining two private contractor Defendants. She, having never
provided an explanation for her decision, has maintained her
dismissal without prejudice against these Defendants, effectively
keeping the door open to potentially resurrecting those claims,
litigating them at the trial level, and, if she loses, bringing
another appeal to this court.
Moore suggested that it is unfair to hold that the Court of Appeals
lacks jurisdiction to entertain her appeal because she met the
criteria that it instructed her to meet to establish jurisdiction.
Even granting that the order was susceptible to misunderstanding,
the Court of Appeals said that the language Moore quoted does not
identify dismissal without prejudice as one of the necessary
notices she could file in the Superior Court. If she wished to
immediately appeal the trial court's grant of the District's motion
to dismiss, she could have dismissed with prejudice her claims
against the private contractor or sought a Rule 54(b) certification
from the Superior Court. Because Moore declined to do so, the Court
of Appeals lacks jurisdiction and therefore dismissed her appeal.
In sum, by declining to dismiss her claims against the private
contractors with prejudice, Moore has maintained her ability to
reinstate those claims, thus making her appeal interlocutory and
depriving the District of Columbia Court of Appeals of
jurisdiction. Hence, her appeal is dismissed.
A full-text copy of the Court's Opinion is available at
https://sl1nk.com/zih9de6.
Arnold J. Abraham, with whom Eric J. Menhart was on the brief, for
appellant.
Stacy L. Anderson, Senior Assistant Attorney General, with whom
Brian L. Schwalb, Attorney General for the District of Columbia,
Caroline S. Van Zile, Solicitor General, Ashwin P. Phatak,
Principal Deputy Solicitor General, Thais-Lyn Trayer, Deputy
Solicitor General, Richard B. Raile, and Elizabeth A. Scully, were
on the brief, for appellees.
DOMINO'S PIZZA: Faces Class Action Suit Over Misleading Tax Fees
----------------------------------------------------------------
Top Class Actions reports that a Domino's customer filed a class
action lawsuit against Domino's Pizza Franchising LLC, Domino's
Pizza LLC, Ari Foods Inc. and Aai Foods Inc.
Why: The plaintiff claims Domino's charges consumers "junk fees"
for their pizza orders that are not included in the advertised
price.
Where: The Domino's junk fees class action lawsuit was filed in
California federal court.
A new class action lawsuit accuses Domino's of charging consumers
"junk fees" for their pizza orders that are not included in the
advertised price.
Plaintiff John Murphy's class action lawsuit claims Domino's
charges the junk fees to offset its own business expenses and
labels them as "Tax 2" on sales receipts.
Murphy argues Domino's advertises prices in its stores that fail to
include all mandatory fees that a customer will have to pay in the
initial price displayed to customers.
"Domino's controls the advertised prices, supposed taxes and fees
charged to customers making purchases at Domino's restaurants in
California, including the Domino's restaurants owned and operated
by the franchisees and visited by the plaintiff," the Domino's
class action lawsuit says.
Class action alleges Domino's junk fees violate California law
Murphy says Domino's junk fees violate California's Honest Pricing
Act, which prohibits businesses from advertising a price for a good
or service that does not include all mandatory fees or charges.
He wants to represent a California class of consumers who were
charged a fee when making an in-person purchase at a Domino's
restaurant in the state.
The plaintiff claims Domino's is guilty of unjust enrichment and
violations of California's Consumers Legal Remedies Act, Unfair
Competition Law and False Advertising Law.
Murphy demands a jury trial and requests declaratory and injunctive
relief and an award of statutory, monetary and punitive damages for
himself and all class members.
In other recent junk fees lawsuits, a customer is suing Depop for
charging unlawful hidden fees on purchases made through its
website.
The plaintiff is represented by Wesley M. Griffith and David A.
McGee of Almeida Law Group LLC.
The Domino's junk fees class action lawsuit is Murphy v. Domino's
Pizza Franchising LLC, et al., Case No. 3:26-cv-01712, in the U.S.
District Court for the Northern District of California. [GN]
DRIVEN BRANDS: Hollywood Police Balks at 30% Drop in Share Price
----------------------------------------------------------------
CITY OF HOLLYWOOD POLICE OFFICERS' RETIREMENT SYSTEM, individually
and on behalf of all others similarly situated, Plaintiff v. DRIVEN
BRANDS HOLDINGS INC., JONATHAN FITZPATRICK, MICHAEL F. DIAMOND,
MICHAEL BELAND, GARY FERRERA, DANIEL RIVERA, and REBECCA FONDELL,
Defendants, Case No. 3:26-cv-00283 (W.D.N.C., April 8, 2026) is a
federal securities class action on behalf of the Plaintiff and a
Class of all persons and entities that purchased or otherwise
acquired Driven Brands common stock between May 3, 2023 and
February 24, 2026, inclusive, against Driven Brands and certain of
its officers and executives seeking to pursue remedies under the
Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated
thereunder.
The action alleges that the Company concealed material weaknesses
in its internal controls over financial reporting, which led to
inaccurate reporting of the Company's key financial metrics for
nearly three years. As a result, Driven Brands misled investors
about its operational and financial stability due to its materially
misstated financial statements from fiscal year 2023 through the
first three quarters of fiscal year 2025.
The truth emerged before markets opened on February 25, 2026, when
Driven Brands announced that its financial statements for fiscal
years 2023 and 2024, as well as the first three quarters of fiscal
year 2025, were riddled with "material errors." Driven Brands also
informed investors that the affected financial statements "should
not be relied upon" and would require restatement. Moreover, the
Company further disclosed that it had "identified material
weaknesses in the Company's internal control over financial
reporting" and concluded that its "internal control over financial
reporting and disclosure controls and procedures were not effective
as of December 27, 2025."
On this news, the price of Driven Brands common stock fell $5.01
per share, or about 30%, to close at a price of $11.60 per share on
February 25, 2026. As a result of Defendants' wrongful acts and
omissions, and the precipitous decline in market value of the
Company's common stock when the truth was disclosed, the Plaintiff
and other Class members have suffered significant losses and
damages, the suit alleges.
Based in Hollywood, Florida, Plaintiff City of Hollywood Police
Officers’ Retirement System administers a retirement benefit plan
of approximately $509 million on behalf of more than 700 active,
retired, and deferred vested members and their beneficiaries.
Driven Brands Holdings Inc. is an automotive services provider in
North America. The Company has three business segments: Take 5,
Franchise Brands, and Car Wash.[BN]
The Plaintiff is represented by:
William R. Terpening, Esq.
TERPENING LAW PLLC
221 West Eleventh Street
Charlotte, NC 28202
Telephone: (980) 265-1700
Facsimile: (980) 265-1729
E-mail: terpening@terpeninglaw.com
- and -
Marco A. Duenas, Esq.
SAXENA WHITE P.A.
10 Bank Street, Suite 882
White Plains, NY 10606
Telephone: (914) 437-8551
Facsimile: (888) 631-3611
E-mail: mduenas@saxenawhite.com
- and -
Maya Saxena, Esq.
Lester R. Hooker, Esq.
Nicholas Corso, Esq.
SAXENA WHITE P.A.
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Telephone: (561) 394-3399
Facsimile: (561) 394-3382
E-mail: msaxena@saxenawhite.com
lhooker@saxenawhite.com
ncorso@saxenawhite.com
- and -
Robert D. Klausner, Esq.
Stuart A. Kaufman, Esq.
KLAUSNER KAUFMAN JENSEN & LEVINSON
7080 NW 4th Street
Plantation, FL 33317
Telephone: (954) 916-1202
Facsimile: (954) 916-1232
E-mail: bob@robertdklausner.com
stu@robertdklausner.com
E. MORTGAGE CAPITAL: Frater Files TCPA Suit in C.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against E. Mortgage Capital,
Inc. The case is styled as Stacey Frater, individually and on
behalf of all others similarly situated v. E. Mortgage Capital,
Inc., Case No. 8:26-cv-00884 (C.D. Cal., April 13, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
E. Mortgage Capital -- https://www.emortgagecapital.com/ -- is a
national corporation with mom-and-pop core values, allowing us to
give our clients dedicated resources with a white glove
experience.[BN]
The Plaintiff is represented by:
Scott A. Edelsberg, I, Esq.
EDELSBERG LAW PA
1925 Century Park E, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
EAST ROCKAWAY ASSESSORS: Harry D. Files Suit in N.Y. Sup. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the Village of East Rockaway. The case is styled as
Harry D. Koenig Company, Inc., and all other petitioners similarly
situated herein v. The Board of Assessors of the Village of East
Rockaway and The Board of Assessment Review of the Village of East
Rockaway, Case No. 401177/2026 (N.Y. Sup. Ct., Nassau Cty., April
14, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Board of Assessors for the Incorporated Village of East
Rockaway, NY -- https://villageofeastrockaway.org/ -- is
responsible for determining the valuation of real property within
the village for assessment purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
ESSENCIA HOME CARE: Arellano Sues Over Failure to Pay Overtime
--------------------------------------------------------------
Elvira Arellano and Miosotis Lopez Pena, on behalf of themselves
and all others similarly situated v. Essencia Home Care and Medical
Staffing, Inc., Case No. 1:26-cv-04245 (N.D. Ill., April 15, 2026),
is brought under the Fair Labor Standards Act ("FLSA"), the
Illinois Minimum Wage Law ("IMWL"), and the Illinois Wage Payment
and Collection Act ("IWPCA") as a result of the Defendant's failure
to pay overtime wages.
The Plaintiffs have consistently worked more than 40 hours a week.
The Defendant violated and is violating the FLSA by employing
non-exempt workers in a covered enterprise for workweeks longer
than 40 hours without paying overtime wages at a rate not less than
1.5 times their regular rate of pay. The Defendant's unlawful
conduct harmed the Plaintiffs and other similarly situated workers
by depriving them of overtime wages that they are owed. Thus, the
Defendant owes the Plaintiffs and the collective members the
difference between the rate actually paid and the proper overtime
rate, says the complaint.
The Plaintiffs worked as caregivers for Essencia.
Essencia Home Care and Medical Staffing, Inc. is an Illinois
Corporation that does business in at least nine states.[BN]
The Plaintiff is represented by:
Francisco Fernandez del Castillo, Esq.
DEL CASTILLO LAW GROUP, LLC
11 E. Adams Street, Suite 1401
Chicago, IL 60603
Phone: (312) 216-0111
Email: francisco@delcastillolawgroup.com
FARMINGDALE ASSESSORS: Rose Lo Curto Files Suit in N.Y. Sup. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the Village of Farmingdale. The case is styled as Rose
Lo Curto, and all other petitioners similarly situated herein v.
The Board of Assessors of the Village of Farmingdale and The Board
of Assessment Review of the Village of Farmingdale, Case No.
401180/2026 (N.Y. Sup. Ct., Nassau Cty., April 14, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Board of Trustees --
https://farmingdalevillage.gov/departments/board_of_trustees/ -- is
responsible for passing local laws and ordinances for the
Village.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
FCA US: 9th Cir. Affirms Denial of Arbitration Bid in Olson Suit
----------------------------------------------------------------
In the case, JEFFREY OLSON, Plaintiff-Appellee, v. FCA US, LLC, a
Delaware Corporation, formerly known as Chrysler Group LLC,
Defendant-Appellant, Case No. 24-6527 (9th Cir.), the Court of
Appeals for the Ninth Circuit affirmed the district court's denial
of FCA US's motion to compel arbitration.
FCA sought to enforce a "delegation clause" in an arbitration
agreement appearing in a contract to which the manufacturer was not
a signatory. Olson entered a contract with a car dealership to
lease a Jeep Grand Cherokee. The lease agreement contained an
arbitration agreement with a delegation clause, which stated that
questions about the scope of the arbitration agreement must be
decided in arbitration. FCA was not a signatory to the lease
agreement.
Olson was the named plaintiff in a federal class-action lawsuit
against FCA, the Jeep's manufacturer, alleging defects in the
headrest. In 2018, Shawn Alger filed a putative class-action
lawsuit in the United States District Court for the Eastern
District of California against FCA. On behalf of himself and other
individuals who owned or leased certain vehicles that
FCA had manufactured, Alger asserted warranty and consumer
protection claims under California law, based on alleged defects in
the headrests of those vehicles. Specifically, Alger alleged that
certain FCA-manufactured vehicles with spring-loaded headrests
designed to deploy during collisions have manufacturing defects
that cause the headrests to deploy unexpectedly, potentially
harming or distracting drivers. The district court certified the
class.
A few years later, the district court granted Plaintiffs' motion to
substitute class member Olson as named Plaintiff. Olson had signed
an agreement with a car dealership, Autonation Chrysler Dodge Jeep,
when he leased the allegedly defective Jeep that served as the
basis for his claims. Olson's lease agreement includes an
arbitration agreement.
FCA does not claim to be an employee, agent, successor, or assign
of the dealership within the meaning of the agreement. It moved to
compel Olson to arbitration. FCA argued that the delegation clause
in the lease's arbitration agreement required an arbitrator to
decide whether Olson’s claims against FCA are arbitrable. In the
alternative, it argued that the court should itself interpret the
arbitration agreement to mean that Olson's claims against FCA must
be decided in arbitration.
The district court denied FCA's motion to compel arbitration, and
FCA appealed.
Olson argued that the contractual language in the arbitration
agreement "expressly limits the power to invoke the arbitration
agreement to him and the dealership and to no one else," so when he
signed the arbitration agreement with the dealership, Olson did not
also agree to arbitrate with FCA. For that reason, he argued, FCA
cannot force him to arbitrate anything with it under the agreement,
including the question of arbitrability.
FCA responded that because the arbitration agreement in Olson's
lease agreement with the dealership contained a delegation clause,
the district court had no authority to decide whether FCA could
enforce the arbitration agreement and instead had to send that
question to arbitration.
The Panel held that FCA cannot compel Olson to arbitrate. With
limited exceptions, non-parties to an arbitration agreement cannot
enforce the agreement's terms against a signatory. Olson never
agreed to arbitrate with FCA, and no exceptions to the general rule
that only parties to an arbitration agreement can enforce it apply
in the present case.
The Panel rejected FCA's argument that, even if it cannot enforce
the delegation clause in Olson's arbitration agreement, the Ninth
Circuit should compel Olson to arbitrate his dispute with FCA.
First, the plain language of the agreement does not require Olson
to arbitrate any claims with FCA. Second, under California law, FCA
cannot use equitable estoppel to enforce the arbitration agreement
in Olson's lease.
For these reasons, the Ninth Circuit affirmed.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/gzm5w8x.
Mark P. Chalos (argued) -- mchalos@lchb.com -- Kenneth S. Byrd --
kbyrd@lchb.com -- Christopher E. Coleman -- ccoleman@lchb.com --
and Amelia A. Haselkorn, Lieff Cabraser Heimann & Bernstein LLP,
Nashville, Tennessee; Stuart C. Talley -- stuart@ktblegal.com --
and Ian J. Barlow -- ian@ktblegal.com -- Kershaw Talley Barlow PC,
Sacramento, California; for Plaintiff-Appellee.
Brandon L. Boxler (argued) -- brandon.boxler@kleinthomaslaw.com --
Klein Thomas Lee & Fresard, Richmond, Virginia; Fred J. Fresard --
fred.fresard@kleinthomaslaw.com -- Klein Thomas Lee & Fresard,
Troy, Michigan; for Defendant-Appellant.
FEDERAL EXPRESS: Reiser Suit Transferred to W.D. Tennessee
----------------------------------------------------------
The case captioned as Matthew Reiser, individually and on behalf of
all others similarly situated v. Federal Express Corporation, FedEx
Logistics, Inc., Case No. 1:26-cv-21328 was transferred from the
U.S. District Court for the Southern District of Florida, to the
U.S. District Court for the Western District of Tennessee on April
13, 2026.
The District Court Clerk assigned Case No. 2:26-cv-02410-SHL-atc to
the proceeding.
The nature of suit is stated as Other Contract.
FedEx Corporation -- https://www.fedex.com/ -- originally known as
Federal Express Corporation, is an American multinational
conglomerate holding company specializing in transportation,
e-commerce, and business services.[BN]
The Plaintiff is represented by:
John Allen Yanchunis, Sr., Esq.
MORGAN & MORGAN
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Phone: (813) 275-5272
Fax: (813) 275-9295
Email: jyanchunis@forthepeople.com
The Defendants are represented by:
Shelby Renee Walton, Esq.
FEDERAL EXPRESS CORPORATION
8285 Tournament Drive
Memphis, TN 38125
Phone: (412) 215-2687
Email: shelby.walton@fedex.com
FITNESS CHAMPS: Faces Shareholder Class Action Lawsuit
------------------------------------------------------
Reflector reports that a shareholder class action lawsuit has been
filed against Fitness Champs Holdings Ltd. ("FCHL" or the
"Company") (NASDAQ: FCHL). The lawsuit alleges that Defendants
issued false and misleading statements and/or failed to disclose
material adverse facts regarding FCHL's business, operations, and
prospects, including allegations that:
(1) FCHL was the subject of a market manipulation and
fraudulent promotion scheme involving social-media based
misinformation and impersonators posing as financial professionals;
(2) FCHL's public statements and risk disclosures omitted any
mention of the realized risk of fraudulent trading or market
manipulation used to drive the Company's stock price;
(3) as a result, FCHL securities were at unique risk of a
sustained suspension in trading by NASDAQ and severe
volatility-induced decline; and
(4) the sole underwriter on the IPO, Bancroft Capital LLC, had
conducted numerous microcap IPOs that suffered volatility-induced
declines resulting from market manipulation schemes.
If you purchased FCHL shares between September 3, 2025 and
September 23, 2025, and experienced a loss on that investment, you
are encouraged to discuss your legal rights by contacting Marshall
Dees, Esq. at mdees@holzerlaw.com, by toll-free telephone at (888)
508-6832, or by visiting the firm's website at
www.holzerlaw.com/case/fitness-champs-holdings/ for more
information. [GN]
FOR WELLNESS LABS: Sanchez Suit Removed to S.D. California
----------------------------------------------------------
The case styled as Monica Sanchez, individually and on behalf of
all others similarly situated v. FOR WELLNESS LABS, INC., a
Delaware corporation, d/b/a WWW.FORWELLNESS.COM, Case No.
26CU013205C was transferred from the Superior Court of the State of
California, San Diego County, to the U.S. District Court for the
Southern District of California on April 16, 2026, , and assigned
Case No. 3:26-cv-02428-DMS-MMP.
The Plaintiff claims she purchased "recovery gummies" from For
Wellness' website. She further alleges her credit card was charged
again for a second time by For Wellness a little over a month after
her initial purchase. Relying on these allegations, Plaintiff
asserts or Wellness is liable under the California Consumer Legal
Remedies Act (Count I), the California False Advertising Law (Count
II), and the California Unfair Competition Law (Count III).[BN]
The Defendants are represented by:
Benjamin A. Katzenellenbogen, Esq.
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, 14th Floor
Irvine, CA 92614
Phone: (949) 760-0404
Facsimile: (949) 760-9502
Email: ben.katzenellenbogen@knobbe.com
- and -
Adam B. Powell, Esq.
KNOBBE. MARTENS, OLSON & BEAR, LLP
12790 El Camino Real
San Diego, CA 92130
Phone: (858) 707-4000
Facsimile: (858) 707-4001
Email: adam.powell@knobbe.com
- and -
Mark M. Makhail, Esq.
McCARTER & ENGLISH LLP
Four Gateway Center
100 Mulberry Street
Newark, NJ 07102
Phone: (973) 622-4444
Facsimile: (973) 624-7070
Email: mmakhail@mccarter.com
- and -
Brendan E. Ashe, Esq.
McCARTER & ENGLISH LLP
265 Franklin Street
Boston, MA 02110
Phone: (617) 449-6500
Facsimile: (617) 607-9200
Email: bashe@mccarter.com
FREEDMAN HEALTHCARE: Barrette Files Suit Over Data Breach
---------------------------------------------------------
JENNI BARRETTE, on behalf of herself and all others similarly
situated, Plaintiff v. FREEDMAN HEALTHCARE, LLC, Defendant, Case
No. 1:26-cv-11687 (D. Mass., April 10, 2026) is a class action
arises out of the recent targeted cyberattack and data breach on
Freedman Healthcare's network that resulted in unauthorized access
to highly sensitive patient data.
The complaint relates that Freedman Healthcare received PII from
state governments. These states possessed and controlled
Plaintiff's PII in order for Plaintiff to access health and public
assistance programs, as well as government benefits. Despite its
duties to Plaintiff and Class members, Freedman Healthcare stored,
maintained, and/or hosted Plaintiff's and Class members' PII on its
servers negligently and/or recklessly configured and maintained so
as to contain security vulnerabilities that resulted in a breach of
its network and systems on May of 2025.
As a result of the breach, unauthorized third-party cybercriminals
gained access to and obtained Plaintiff's and Class members' PII.
This information included, non-exhaustively, individuals' names and
Social Security numbers, adds the complaint.
The Plaintiff brings this class action against Defendant for its
failure to secure and safeguard the data of over 40,000 people. As
a result, Plaintiff and Class Members suffered ascertainable losses
in the form of the loss of the benefit of their bargain,
out-of-pocket expenses, and the value of their time reasonably
incurred to remedy or mitigate the effects of the attack, emotional
distress, and the imminent risk of future harm caused by the
compromise of their sensitive Private Information.
Plaintiff Jenni Barrette is a resident and citizen of the State of
Rhode Island. She received confirmation that her information was
included in the Data Breach from multiple third-party monitoring
services.
Defendant Freedman Healthcare, LLC is a Massachusetts based
software company that offers a range of software products and
services to corporate and governmental entities throughout the
United States.[BN]
The Plaintiff is represented by:
Richard E. Levine, Esq.
STANZLER LEVINE, LLC
37 Walnut Street, Suite 200
Wellesley, MA 02481
Telephone: 617-482-3198
E-mail: rlevine@stanzlerlevine.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD, LLP
412 H Street, NE, Suite 302
Washington, DC 20002
Telephone: 202-470-520
Facsimile: 202-800-2730
E-mail: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
FUNKO LLC: Booker Seeks Equal Website Access for Blind Users
------------------------------------------------------------
MARTRELL DESAMONTA BOOKER, on behalf of himself and all others
similarly situated, Plaintiff v. Funko, LLC, Defendant, Case No.
1:26-cv-03938 (N.D. Ill., April 9, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its website, https://mondoshop.com to be
fully accessible to and independently usable by Booker and other
blind or visually-impaired individuals in violation of the
Americans with Disabilities Act.
On March 24, 2026, while searching online for pop-culture
collectibles as a gift, the Plaintiff discovered the Defendant's
website. While exploring the website, Booker discovered a Ninja
Turtle figurine, and was intrigued by its 1/6-scale design.
However, while browsing the website, he encountered many
accessibility issues.
The Plaintiff asserts that the website contains access barriers
that prevent free and full use by him and visually impaired
individuals using keyboards and screen-reading software. These
barriers are pervasive and include, but are not limited to:
inaccurate landmark structure, inaccurate heading hierarchy,
inadequate focus order, ambiguous link texts, changing of content
without advance warning, unclear labels for interactive elements,
inaccurate alt-text on graphics, redundant links where adjacent
links go to the same URL address, and the requirement that
transactions be performed solely with a mouse.
Plaintiff Booker 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.
Funko, LLC operates the website that offers a selection of figures,
vinyl records, posters, puzzles, books, and other collectible
items.[BN]
The Plaintiff is represented by:
Michael Ohrenberger, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N
Brooklyn, NY 11234
Office: (844) 731-3343
Direct: (716) 281-5496
E-mail: mohrenberger@ealg.law
GAINSCO INC: Gillard Files TCPA Suit in N.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against Gainsco, Inc. The
case is styled as Jacklynn Gillard, individually and on behalf of
all others similarly situated v. Gainsco, Inc., Case No.
3:26-cv-01226-L (N.D. Tex., April 16, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GAINSCO Auto Insurance -- https://www.gainsco.com/ -- is a property
and casualty insurance company concentrating on the non-standard
personal auto insurance market.[BN]
The Plaintiff is represented by:
Angelica Gentile, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: agentile@shamisgentile.com
GENX MINING: Downing Sues Over Failure to Pay Overtime
------------------------------------------------------
Chris Downing, on behalf of himself and all other similarly
situated individuals v. GENX MINING CONTRACTORS, LLC; NEVADA GOLD
MINES LLC; and DOES 1 through 50, inclusive, Case No. 3:26-cv-00271
(D. Nev., April 14, 2026), is brought pursuant to the Fair Labor
Standards Act ("FLSA") as a result of the Defendants' failure to
pay overtime and failure to timely pay all wages due and owing.
Like all Miners, Plaintiff worked 84 hours per workweek, as defined
by the Defendants. Under the FLSA and Nevada wage-hour law,
Plaintiff and all other similarly situated individuals are entitled
to overtime compensation at a rate of 1.5 times their regular
hourly rate for all hours worked in excess of 40 hours per
workweek. The Plaintiff's overtime rate was $60 per hour. For each
84-hour workweek, Plaintiff was entitled to overtime compensation
for 44 hours. Despite working 84 hours per workweek, Plaintiff was
not compensated for all overtime hours owed, says the complaint.
The Plaintiff was employed by Defendants as an underground miner at
the Nevada Gold Mine complex from July 22, 2025 to November 27,
2025.
GENX is an underground mining contractor.[BN]
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK
325 West Liberty Street
Reno, NV 89501
Phone: (775) 284-1500
Fax. (775) 703-5027
Email: josh@thiermanbuck.com
leah@thiermanbuck.com
GILLIG LLC: Bales Suit Removed to N.D. California
-------------------------------------------------
The case captioned as Roger Bales, individually, and on behalf of
all others similarly situated v. GILLIG, LLC, and DOES 1 through
10, inclusive, Case No. 26CV173149 was removed from the Superior
Court of the State of California in and for the County of Alameda,
to the United States District Court for the Northern District of
California on April 13, 2026, and assigned Case No. 3:26-cv-03153.
In the Complaint, Plaintiff asserts the following causes of action:
minimum wage violations; failure to pay overtime wages; failure to
provide lawful meal periods; failure to provide lawful rest
periods; failure to indemnify necessary business expenses; failure
to timely pay final wages; wage statement violations; and unfair
business practices.[BN]
The Defendants are represented by:
William Faulkner, Esq.
Michael Warren, Esq.
McMANIS FAULKNER
a Professional Corporation
50 West San Fernando Street, 10th Floor
San Jose, CA 95113
Phone: (408) 279-8700
Facsimile: (408) 279-3244
Email: mwarren@mcmanislaw.com
GOLDKRESS INVESTMENTS: Townsend Files FLSA Suit in E.D. Virginia
----------------------------------------------------------------
A class action lawsuit has been filed against Goldkress
Investments, LLC. The case is styled as Phillip Townsend, Roderick
S. Cobb, on behalf of themselves and those similarly situated v.
Goldkress Investments, LLC, Case No. 4:26-cv-00068-AWA-DEM (S.D.
Fla., April 16, 2026).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Goldkress Investments LLC -- https://www.goldkressproperties.com/
-- offers a range of apartment properties under its management in
Newport News, Virginia.[BN]
The Plaintiff is represented by:
Christopher Colt North, Esq.
THE CONSUMER & EMPLOYEE RIGHTS LAW FIRM PC
5629 George Washington Memorial Highway, Suite D
Yorktown, VA 23692
Phone: (757) 873-1010
Fax: (757) 873-8375
Email: cnorthlaw@aol.com
GOOGLE LLC: Agrees to Settle Racial Discrimination Suit for $50MM
-----------------------------------------------------------------
Danielle Toth, writing for ClaimDepot, reports that current or
former Black or Black+ employees at Google LLC in job levels three,
four, five or six in California between March 18, 2018, and Dec.
31, 2023, or in New York between Oct. 15, 2017, and Dec. 31, 2023,
may be eligible to claim a cash payment from a class action
settlement.
Google LLC agreed to pay $50 million to resolve a class action
lawsuit alleging race discrimination in hiring, job assignments,
compensation, promotions, performance reviews and other employment
practices, as well as retaliation and a racially hostile work
environment.
Who are the class members?
Individuals must meet all of the following criteria:
-- Google's records identified them as Black or Black+ (meaning
Black or African American and one or more other races or
ethnicities).
-- They worked in job levels three, four, five or six.
-- Their position was located in California at any time from March
18, 2018, through Dec. 31, 2023, OR in New York at any time from
Oct. 15, 2017, through Dec. 31, 2023.
If an individual received a settlement notice addressed to them,
Google's records show they are a class member. The settlement
administrator and class counsel have a list of eligible
individuals. Those who are not on the list are most likely
ineligible.
Who is excluded from the class?
-- Those who exclusively held a job in a legal job family or
subfamily at Google
-- Anyone who executed a general release of claims with Google
between Oct. 15, 2017 (for New York employees) or March 18, 2018
(for California employees) and Dec. 7, 2025
How much is the Google payout?
Each eligible class member who participates in the settlement and
submits a valid claim form will be eligible for an individual
settlement payment. The total settlement fund is $50 million, but
the exact amount each person receives will depend on several
factors.
The net settlement fund is the total settlement fund minus
attorneys' fees and costs, service awards to class representatives,
settlement administration costs and other costs. The settlement
administrator will distribute the remaining amount to eligible
class members based on the facts and circumstances of their
claims.
The trustee and neutrals will review each claim and recommend a
payment amount based on factors such as length of service, job
level, experiences of discrimination or retaliation, financial and
emotional harm, and other relevant details
How is the award calculated?
There is no fixed minimum or maximum award. Instead, the trustee
and neutrals will consider:
-- Length of service at Google
-- Job level(s) held
-- Experiences with pay, leveling, performance reviews,
discipline, office environment, exclusionary treatment, lack of
advancement or career opportunities, and more
-- Whether the claimant lodged an internal complaint or filed a
charge/lawsuit
-- Whether the claimant experienced retaliation
-- Career or reputational harm
-- Financial distress and post-Google income (if seeking recovery
for periods after employment)
-- Emotional distress
-- Other relevant factors
How to claim a class action payment
Class members do not need to file a claim at this time. If the
court grants final approval to the settlement, they will receive a
separate notice advising them of their rights and the claims
process.
Payout options
The settlement administrator will mail checks to the addresses it
has on file. If a check is returned, the administrator will attempt
to contact the claimant for an updated address. Class members must
cash checks within 90 days of the date on the check.
$50 million settlement fund
The $50,000,000 settlement fund covers:
-- Settlement administration costs: To be determined
-- Attorneys' fees and costs: Up to $12,500,000
-- Service awards to class representatives: Up to $50,000 each for
three representatives ($150,000 total)
-- Payments to eligible class members: The remaining balance
Important dates
-- Deadline to opt out: March 20, 2026
-- Deadline to rescind opt out: May 6, 2026
-- Final approval hearing: May 7, 2026
When is the Curley v. Google LLC payout date?
The settlement administrator will issue payments to class members
after the trustee and neutrals review each claim and recommend a
payment amount.
Why is there a class action settlement?
The class action lawsuit alleged Google engaged in race
discrimination against Black and Black+ employees in hiring, job
assignments, pay, promotions, performance reviews and other
employment practices. The plaintiffs also claimed Google retaliated
against employees who complained and maintained a racially hostile
work environment.
Google denied all allegations but agreed to settle to avoid the
costs and risks of further litigation. The settlement provides both
monetary and nonmonetary relief, including changes to Google's
employment practices. [GN]
HARDMAN BAR & GRILL: Gluck Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Hardman Bar & Grill,
LLC, et al. The case is styled as Benjamin Gluck, all others
similarly situated and the general public v. Hardman Bar & Grill,
LLC, Does 1-10, Case No. 26CV009495 (Cal. Super. Ct., Sacramento
Cty., April 14, 2026).
The case type is stated as "Other Employment Complaint Case."
Hardman Bar & Grill, LLC is a small food service business where
employees advise highlighting wine knowledge during interviews and
dining there beforehand.[BN]
The Plaintiff is represented by:
Alex P Katofsky, Esq.
ALEX P. KATOFSKY, APC
5743 Corsa Ave., Ste. 123
Westlake Village, CA 91362-7310
Phone: 818-340-3600
HASBRO INC: Faces Class Action Over Data Security Failures
----------------------------------------------------------
Nancy Lavin, writing for Rhode Island Current, reports that Hasbro
Inc. is facing a federal class action lawsuit by employees and
customers for exposing their personal information to hackers in a
recent data breach.
Sheila Standing, an Ashford, Connecticut, resident who worked at
Hasbro for 37 years, is leading the complaint on behalf of
"hundreds" of people allegedly harmed by a March 28 breach into the
company's security network.
Hasbro first reported "unauthorized access" to its network in an
April 1 filing with the U.S. Securities and Exchange Commission
(SEC).
The four-paragraph notice said the company had "activated its
security incident protocols," and launched an investigation with
the help of third-party cybersecurity experts.
An April 4 company press release alluded to "interim measures"
being taken in response to the breach which could create minor
shipping delays while emphasizing that "Hasbro is open for
business." The toymaker has not mentioned any specific steps taken
to protect customer and employee data.
Which is the problem, according to the 38-page complaint filed in
federal court in Rhode Island on Thursday, April 16. It states
Hasbro still has not formally notified employees about the breach,
and done "little if anything" to protect those affected.
"Defendant's failures placed the Class's [Personal Identifiable
Information] (PII) in a vulnerable position--rendering them easy
targets for cybercriminals," the complaint states. "The exposure of
one's PII to cybercriminals is a bell that cannot be unrung. Before
this Data Breach, its employees' private information was exactly
that--private. Not anymore. Now, their private information is
forever exposed and unsecure."
Andrea Snyder, a spokesperson for Hasbro, did not immediately
respond to inquiries for comment. The lawsuit contends that
potentially "thousands" of people across multiple states have had
their personal information compromised, including current Hasbro
workers. Standing, who retired in December 2023 according to her
LinkedIn page, has received more scam and spam communications since
the breach, the complaint states.
The complaint warns that affected people's PII has already been
published -- or will soon be available -- on the dark web, exposing
them to "rampant" fraud and identity theft by skilled
cybercriminals able to access the encrypted information.
"It is within this context that Plaintiff and all other Class
Members must now live with the knowledge that their PII is forever
in cyberspace and was taken by people willing to use the
information for any number of improper purposes and scams,
including making the information available for sale on the black
market," the complaint states.
The lawsuit lists Standing's anxiety, stress, fear and frustration,
alongside tangible financial and security risks, as harms created
by Hasbro's failure to adequately protect its information from
hackers.
"Instead of providing a reasonable level of security, or retention
policies, that would have prevented the Data Breach, Defendant
instead calculated to avoid its data security obligations at the
expense of Plaintiff and Class Members by utilizing cheaper,
ineffective security measures," the complaint states. "Plaintiff
and Class Members, on the other hand, suffered as a direct and
proximate result of Defendant's failure to provide the requisite
security."
It asks a federal judge to award damages and force Hasbro to adopt
stricter security measures while also providing credit monitoring
for people affected, simultaneously demanding a jury trial.
Peter Wasylyk, the Providence attorney representing Standing, did
not immediately respond to inquiries for comment Monday, April 20.
Wasylyk, a former state representative, also represented Rhode
Islanders in a 2025 class action lawsuit over the RIBridges data
breach that exposed personal data of approximately 700,000 people
who received food stamps and other public benefits the year before.
Deloitte, the state contractor that managed the online benefits
platform, agreed to a $6.3 million settlement to resolve the
claims.
The deal, which was projected to pay out $100 per person, also
shielded Deloitte from future litigation unless a class member
specifically opted out. Deloitte refused to admit wrongdoing.
Lawsuits abound. Success does not.
Across the country, lawsuits over personal privacy and data
security have exploded as new technology, including artificial
intelligence, become fodder for savvy actors to manipulate. There
were 1,800 data breach class action filings in 2025 -- 25% higher
than the prior year, and up over 200% from 2022 -- according to a
January report by Duane Morris LLP.
But class action lawsuits over data breaches remain mostly
unsuccessful, with courts dismissing the complaints at high rates,
often leading to pre-ruling settlements, according to the report.
Data breach lawsuits, which primarily allege negligence and breach
of contract as the legal basis for the complaints, are most often
dismissed for failing to identify a specific harm that has already
happened, or is highly likely to happen, under Article III of the
Constitution, according to a 2024 article published in the Columbia
Journal of Law and Social Problems.
"In many cases, the plaintiffs' injury -- fraudulent charges -- has
not yet occurred and may never occur," article author Patrick
Lorio, an attorney with New Orleans-based Pipes, Miles Bechman,
writes. "Questions arise, for example, as to whether hackers
understand the data they obtain. Nonetheless, plaintiffs reasonably
spend time and money on credit monitoring and other
fraud-prevention services. Showing imminency of injury, therefore,
is the first -- and perhaps biggest -- obstacle for individuals
seeking to recover the resources they expend in response to a data
breach."
Similar arguments were made by Deloitte in the class action suit
against the RIBridges contractor. A settlement was reached via
mediation rather than the jury trial that plaintiffs originally
sought.
State law requires any data breaches that compromise the personal
information of more than 500 Rhode Islanders be reported to the
Rhode Island Office of the Attorney General within 45 days. As of
April 20, Hasbro has not reported a breach to the AG's office, Tim
Rondeau, an office spokesperson, confirmed via email.
Roughly 700 people work out of the international company's
Pawtucket headquarters, but not for much longer. The company is
planning to relocate to Boston's Seaport District by the end of the
year. It expects to list its 343,000-square foot office in
Pawtucket for sale after the move is complete, according to a Feb.
25 SEC filing.
The case has been assigned to U.S. District Judge Mary S. McElroy.
Hasbro has until May 7 to submit a response to the complaint. [GN]
HDR ENGINEERING: Gilman Suit Removed to E.D. Washington
-------------------------------------------------------
The case captioned as Melissa Gilman, individually and on behalf of
all others similarly situated v. HDR ENGINEERING INC., a Nebraska
corporation; and DOES 1 through 10, inclusive, Case No.
26-2-50307-11 was removed from the Superior Court of the State of
Washington for the County of Franklin, to the United States
District Court for Eastern District of Washington on April 15,
2026, and assigned Case No. 4:26-cv-05055.
The Complaint sets forth the following causes of action against
Defendant: Payment of Wages Less Than Entitled in Violation of RCW
49.46.090; Failure to Pay Overtime Wages in violation of RCW
49.46.130; Failure to Provide Rest Break in Violation of WAC 296
126-092; Failure to Provide Meal Periods in Violation of WAC 296
126-092; Failure to Pay All Wages Due at Separation in Violation of
RCW 49.48.010; and Willful Refusal to Pay Wages..[BN]
The Defendants are represented by:
Brian K. Keeley, Esq.
JACKSON LEWIS P.C.
520 Pike Street, Suite 2300
Seattle, WA 98101
Email: Brian.Keeley@jacksonlewis.com
HEALTH CARE SERVICE: Class Cert Bid Hearing Set for May 18
----------------------------------------------------------
In the class action lawsuit captioned as Rutherford. et al., v.
Health Care Service Corporation, et al., Case No. 6:24-cv-00081 (D.
Mont., Filed Nov. 14, 2024), the Hon. Judge Brian Morris entered an
order setting hearing on motion to certify class and appointment of
class counsel:
-- Motion Hearing is set for May 18, 2026, at 10:00 AM at the
Paul Hatfield Federal Courthouse in Helena, MT before Judge
Brian Morris.
The nature of suit states Contract -- Breach of Contract.
Health Care, a Mutual Legal Reserve Company, is a member-owned
health insurance company in the United States. HCSC was formerly
known as Hospital Service Corporation and changed its name to
Health Care Service Corporation in 1975.[CC]
HIGHLANDS COMMUNITY CHARTER: Brishna Files Suit in Cal. Super. Ct.
------------------------------------------------------------------
A class action lawsuit has been filed against Highlands Community
Charter and Technical Schools, et al. The case is styled as
Mohammad Rafi Brishna, all other similarly situated and on behalf
of the general public v. Highlands Community Charter and Technical
Schools, Does 1-10, Case No. 26CV009285 (Cal. Super. Ct.,
Sacramento Cty., April 13, 2026).
The case type is stated as "Other Employment Complaint Case."
Highlands Community Charter and Technical Schools --
https://hccts.org/ -- offers high school diploma program, English
language classes, and career technical education.[BN]
The Plaintiff is represented by:
Nidah Farishta, Esq.
OTKUPMAN LAW FIRM
A Law Corporation
5743 Corsa Ave., Ste. 123
Westlake Village, CA 91362-7310
Phone: 818-293-5623
Email: nidah@olfla.com
HOME DEPOT: McGinity Class Suit Removed to N.D. Calif.
------------------------------------------------------
The case SEAN MCGINITY, individually and on behalf of all others
similarly situated, v. THE HOME DEPOT, INC. and DOES 1 through 100,
inclusive, Case No. C26-00794, was removed from the Superior Court
of California, County of Contra Costa, to the United States
District Court for the Northern District of California on April 10,
2026.
The Clerk of Court for the Northern District of California assigned
Case No. 3:26-cv-03103 to the proceeding.
The suit is brought against the Defendant for alleged violations of
California Civil Code.
The Home Depot, Inc. is a home improvement specialty retailer
headquartered in Georgia. [BN]
The Defendant is represented by:
Darren K. Cottriel, Esq.
Ann T. Rossum, Esq.
JoeAl Akobian, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
Email: dcottriel@jonesday.com
atrossum@jonesday.com
jakobian@jonesday.com
- and -
Amanda Fitzsimmons, Esq.
4655 Executive Drive, Suite 1500
San Diego, CA 92121
Telephone: (858) 314-1200
Facsimile: (844) 345-3178
Email: amandafitzsimmons@jonesday.com
HONEYLOVE SCULPTWEAR: McMurren Suit Removed to N.D. California
--------------------------------------------------------------
The case captioned as Lindsey McMurren and Julie Decaris,
individually and on behalf of all others similarly situated v.
HONEYLOVE SCULPTWEAR, INC., Case No. 26CV175795 was removed from
the Superior Court of California, County of Alameda, to the United
States District Court for Northern District of California on April
15, 2026, and assigned Case No. 4:26-cv-03185.
The Amended Complaint purports to allege causes of action for
violations of California's Consumer Legal Remedies Act (CLRA),
California Civil Code Section 1750; California's Unfair Competition
Law (UCL), California Business and Professions Code Section 17200;
and California's False Advertising Law, California Business and
Professions Code Section 17500.[BN]
The Plaintiff is represented by:
Julian Hammond, Esq.
J. Mark Moore, Esq.
Polina Brandler, Esq.
Ari Cherniak, Esq.
HAMMONDLAW, PC
1201 Pacific Ave., Suite 600
Tacoma, WA 98402
Phone: (310) 807-1666
Email: jhammond@hammondlawpc.com
pblandler@hammondlawpc.com
mmoore@hammondlawpc.com
acherniak@hammondlawpc.com
The Defendants are represented by:
Anne Huffsmith, Esq.
360 E. 2nd Street, 8th Floor
Los Angeles, CA 90012
Phone: (415) 712-9705
Email: anne@honeylove.com
IDAHOAN FOODS: Faces Class Suit Over Falsely Advertised Potatoes
----------------------------------------------------------------
Top Class Actions reports that Idahoan Foods LLC is facing a class
action lawsuit filed by plaintiff Richard Alonzo.
Why: Alonzo claims Idahoan's instant mashed potatoes are falsely
advertised as containing butter.
Where: The Idahoan class action lawsuit was filed in New York state
court.
A new class action lawsuit alleges Idahoan Foods falsely advertises
its instant mashed potatoes as containing butter.
Plaintiff Richard Alonzo claims Idahoan sells instant mashed
potatoes in four-ounce bags described as "Butter & Herb" and
"Russet Potatoes with Butter & Parsley" when, in reality, the
amount of butter in the product is "de minimis."
Alonzo argues Idahoan describes the instant mashed potatoes as
being made "with Butter" and promotes its main, non-potato
ingredients as "Butter & Herb," which he claims causes purchasers
to expect butter is the exclusive and/or predominant fat and/or oil
ingredient used, or at least present in a significant amount.
"In fact, butter is listed after other additives, such as 'Mono-
and Diglycerides, [and] Calcium Stearoyl Lactylate,' present in an
amount only greater than 'Spice,'" the Idahoan class action lawsuit
says.
Class action: Idahoan instant mashed potatoes sold at premium
price
Alonzo claims Idahoan's instant mashed potatoes are sold at a
premium price, approximately $1.49, due to the alleged false and
misleading representations and/or omissions.
"This price is higher than the Product would be sold for, if it
were represented in a non-misleading way," the Idahoan class action
lawsuit says.
The plaintiff argues consumers favor butter for its natural,
nutrient-dense profile over highly processed vegetable oils
containing trans fats, and that the defendant uses "butter" labels
to mislead health-conscious New Yorkers and circumvent legal
disclosure requirements.
Alonzo wants to represent a New York class of consumers who
purchased the Idahoan mashed potatoes for personal, familial or
household consumption and/or use in New York during the statute of
limitations.
Alonzo claims Idahoan is guilty of violating New York's General
Business Law. He demands a jury trial and requests actual damages
for himself and all class members.
A consumer is also suing Dreyer's Grand Ice Cream, claiming its
Outshine frozen fruit bars are deceptively marketed as "made with
real fruit" and plant-based ingredients when they actually contain
high levels of added sugar, synthetic components and artificial
flavors.
The plaintiff is represented by Spencer Sheehan of Sheehan &
Associates P.C.
The Idahoan class action lawsuit is Alonzo v. Idahoan Foods LLC,
Case No. 166090/2025, in the Supreme Court of the State of New
York, County of New York. [GN]
IKE'S LOVE & SANDWICHES: White Files TCPA Suit in C.D. California
-----------------------------------------------------------------
A class action lawsuit has been filed against Ike's Love &
Sandwiches LLC. The case is styled as June White, individually and
on behalf of all others similarly situated v. Ike's Love &
Sandwiches LLC, Case No. 8:26-cv-00886 (C.D. Cal., April 13,
2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Ike's Love & Sandwiches also commonly referred to as Ike's --
https://www.ikessandwich.com/ -- is a U.S. based sandwich
restaurant franchise that offers meat, vegan, vegetarian, and
gluten free options.[BN]
The Plaintiff is represented by:
Scott A. Edelsberg, I, Esq.
EDELSBERG LAW PA
1925 Century Park E, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
IMPERFECT FOODS: Brown Suit Removed to N.D. California
------------------------------------------------------
The case captioned as Phillip James Brown, Jr., on behalf of
himself and others similarly situated v. IMPERFECT FOODS, INC., a
Delaware Corporation; IMPERFECT FOODS, an entity of unknown form;
MISFITS MARKET, an entity of unknown form; and DOES 1 through 50,
inclusive, Case No. 26CV486205 was removed from the Superior Court
for the State of California, in and for the County of Santa Clara,
to the United States District Court for the Northern District of
California on April 13, 2026, and assigned Case No.
5:26-cv-03144-NC.
The Complaint contains one cause of action to Violation of Labor
Code Sections 2698 ("PAGA"). The Plaintiff seeks PAGA penalties for
Failure to Pay All Wages; Failure To Pay All Minimum Wages; Failure
To Pay All Overtime Wages; Failure To Provide All Meal Periods;
Failure To Authorize And Permit All Paid Rest Periods; Failure to
Timely Pay All Earned Wages During Employment; Failure To Timely
Furnish Accurate Itemized Wage Statements; Failure to Maintain
Compliant Employment Records; and Failure to Timely Pay All Earned
Wages Upon Separation (the "PAGA Complaint").[BN]
The Defendants are represented by:
Steven A. Groode, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Facsimile: 925.946.9809
Email: sgroode@littler.com
- and -
Annureet K. Bezwada, Esq.
LITTLER MENDELSON, P.C.
5200 North Palm Avenue, Suite 302
Fresno, CA 93704.2225
Phone: 559.244.7500
Facsimile: 559.244.7525
Email: abezwada@littler.com
INTER-CON SECURITY: Butron Seeks to Recover Unpaid Overtime
-----------------------------------------------------------
ALEX BUTRON and ERIC FUENTES, individually and on behalf of all
others similarly situated, Plaintiffs v. INTER-CON SECURITY SYSTEMS
INC., Defendant, Case No. 1:26-cv-01191 (D.D.C., April 8, 2026)
arises from the Defendant's unlawful labor practices in violation
of the Fair Labor Standards Act and accompanying United States
Dept. of Labor regulations, as well as the District of Columbia
Minimum Wage Act, the District of Columbia Wage Payment and
Collection Law, and supporting District of Columbia Department of
Employment Services regulations.
The Plaintiffs worked for the Defendant as an hourly, non-exempt
employee at times during the past three years from the filing of
this complaint.
Allegedly, the Defendant engaged in an unlawful policy and practice
of requiring Plaintiff and all the proposed Collective members to
perform work off the clock, every shift, and failed to pay these
employees their regular hourly rate for all hours worked, and
failed to pay the overtime premium for any time worked over 40 in a
workweek, for all work performed.
The Defendant's violations of the FLSA were knowing and willful.
The Defendant could have easily accounted for and properly
compensated Plaintiff and the proposed FLSA Collective members for
all work activities, but did not, alleges the suit.
Inter-Con Security Systems Inc. is a U.S.-based multinational
security services company headquartered in Pasadena,
California.[BN]
The Plaintiff is represented by:
Gian Fanelli, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
601 Pennsylvania Avenue NW
South Building, Suite 900
Washington, D.C. 20004
Telephone: (202) 978-3272
E-mail: gfanelli@hkm.com
INTERMOUNTAIN PACKING: Grover Sues Over WARN Act Violation
----------------------------------------------------------
Shayne Grover, individually and on behalf of those similarly
situated v. INTERMOUNTAIN PACKING, LLC, Case No. 1:26-cv-00226-DCN
(D. Idaho, April 14, 2026), is brought under the Worker Adjustment
and Retraining Notification Act ("WARN Act") by the Plaintiff
individually and on behalf of the other similarly situated persons
against Defendant, their employer, for WARN Act purposes.
The Defendant abruptly terminated, unilaterally and without proper
notice to employees, approximately 150 employees, including
Plaintiff, which comprises at least 33% of active full-time
employees who reported to the Facility. The Plaintiff was
terminated on March 24, 2026, as part of a mass layoff and/or plant
closing without sufficient notice.
The Plaintiff brings this action on behalf of himself and other
similarly situated former employees who worked for Defendant and
were terminated as part of the foreseeable mass lay off or plant
closing ordered by Defendant on or around March 24, 2026, and
within 90 days of that date, and who were not provided the
requisite 60 days' advance written notice of their terminations by
Defendant, as required by the WARN Act. The Plaintiff and other
similarly situated employees should have received the full
protection afforded by the WARN Act, says the complaint.
The Plaintiff was employed by Defendant at all relevant times at
the Facility.
The Defendant owns and operates a workplace facility located in
Idaho Falls, Idaho.[BN]
The Plaintiff is represented by:
Todd Amick, Esq.
AMICK LAW OFFICES, PLLC
3367 Glen Falls Place
Boise, ID 83706
Phone: (208) 580-4404
Email: todd@amicklawoffices.com
- and -
J. Gerard Stranch, IV, Esq.
Mariah S. England, Esq.
STRANCH JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
mengland@stranchlaw.com
INTERNATIONAL GOLF: Lucas Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against International Golf
Maintenance, Inc. The case is styled as Matthew Lucas, on behalf of
all others similarly situated v. International Golf Maintenance,
Inc., Case No. 26CUB01393 (Cal. Super. Ct., Kern Cty., April 13,
2026).
The case type is stated as "Unlimited Civil Other Employment."
International Golf Maintenance, Inc. --
https://golfmaintenance.com/ -- is the nation's leading contractual
golf course maintenance company, providing comprehensive agronomic
operations and maintenance services.[BN]
The Plaintiff is represented by:
Kenneth Yoon, Esq.
YOON LAW, APC
751 N. Fair Oaks Ave., Suite 102
Pasadena, CA 91103
Phone: 213-612-0988
ISLAND PARK ASSESSORS: Meltzer Files Suit in N.Y. Sup. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the Village of Island Park. The case is styled as
Steven and Jodi Meltzer, and all other petitioners similarly
situated herein v. The Board of Assessors of the Village of Island
Park and The Board of Assessment Review of the Village of Island
Park, Case No. 401178/2026 (N.Y. Sup. Ct., Nassau Cty., April 14,
2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Board of Assessors for the Village of Island Park, New York --
https://villageofislandpark.gov/assessment-taxes/ -- is responsible
for establishing the valuation of real property and managing the
assessment roll for tax purposes within the village.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
J.G. WENTWORTH: Discloses Financial Info to 3rd Party, Suit Says
----------------------------------------------------------------
R.R., individually and on behalf of all others similarly situated,
Plaintiff v. J.G. WENTWORTH COMPANY, Defendant, Case No.
3:26-cv-03082 (N.D. Cal., April 10, 2026) is a class action against
the Defendant for violations of 18 U.S.C. and California Penal
Code, intrusion upon seclusion, breach of confidence, and
negligence.
The case arises from the Defendant's alleged disclosure of its
website users' sensitive financial information to third parties
without consent. According to the complaint, the Defendant embedded
trackers on its website that transmit the contents of loan
applications to third parties. The Plaintiff and Class members have
been damaged as a result of the Defendant's invasion of their
privacy and are entitled to seek just compensation, including
monetary damages, suit says.
J.G. Wentworth Company is a financial services company based in
Pennsylvania. [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
Email: yaman@salahilaw.com
nicolec@salahilaw.com
taylora@salahilaw.com
J.R. SIMPLOT COMPANY: Gonzales Suit Removed to E.D. Washington
--------------------------------------------------------------
The case captioned as Linda Gonzales, Maria Rodriguez Castaneda, as
individuals, on behalf of themselves and others similarly situated;
an individual v. J.R. SIMPLOT COMPANY, a foreign corporation, Case
No. 26-2-50307-11 was removed from the Superior Court of the State
of Washington for the County of Franklin, to the United States
District Court for Eastern District of Washington on April 15,
2026, and assigned Case No. 4:26-cv-05056.
The Complaint contains causes of action for Failure to Pay Wages in
Violation of RCW 49.46, et seq. (time clock rounding); Failure to
Pay Wages in Violation of RCW 49.46 (donning and doffing of
protective gear); Failure to Pay Wages for Missed Second Meal
Period in Violation of RCW 49.46; Failure to Provide Second Meal
Period in Violation of RCW 49.12; Failure to Provide Second Meal
Period in Violation of RCW 49.30; and Willful Withholding of Wages
in Violation of RCW 49.52.[BN]
The Defendants are represented by:
Adam C. Cuff, Esq.
Heather M. Fossity, Esq.
Elizabeth A. Falcone, Esq.
Kenneth M. Rock, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
222 SW Columbia Street, Suite 1500
Portland, OR 97201
Phone: (503) 552-2140
Facsimile: (503) 224-4518
Email: adam.cuff@ogletree.com
heather.fossity@ogletree.com
elizabeth.falcone@ogletree.com
kenneth.rock@ogletree.com
JR SIMPLOT: Westbrook Wage-and-Hour Suit Removed to E.D. Cal.
-------------------------------------------------------------
The case styled as PETER WESTBROOK, individually, and on behalf of
other similarly situated employees, Plaintiff vs. J.R. SIMPLOT
COMPANY; J.R. SIMPLOT COMPANY, LLC; and DOES 1 through 25,
inclusive, Defendants, Case No. 26CV004992, was removed from the
Superior Court of the State of California for the County of
Sacramento to the United States District Court for the Eastern
District of California on April 8, 2026.
The District Court Clerk assigned Case No. 2:26-cv-01472-TLN-SCR to
the proceeding.
In this complaint, the Plaintiff alleges that "Defendants regularly
failed to pay at least minimum wages to Plaintiff and the other
Class Members for all hours they worked in violation of California
Labor Code. Plaintiff claims "Defendants knew or should have known
that Plaintiff and the other Class Members were performing such
work 'off-the-clock' because, among other things, Defendants'
management witnessed, authorized, was made aware of, and/or
required Plaintiff and Class Members to perform such work." On
behalf of himself and the putative class, Plaintiff seeks to
recover the unpaid balance of their minimum wage compensation, as
well as interest, costs, and attorney's fees" and "liquidated
damages in an amount equal to the wages unlawfully unpaid and
interest.
Defendant J.R. SIMPLOT COMPANY is an agribusiness company.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
Courtney S. Patton, Esq.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Telephone: 916-840-3150
Facsimile: 916-840-3159
E-mail: Michael.Nader@ogletree.com
courtney.patton@ogletree.com
JULIE'S CAFETERIA: Faces Cerezo Wage-and-Hour Suit in E.D.N.Y.
--------------------------------------------------------------
TOMAS ESCALONA CEREZO, individually and on behalf of others
similarly situated, Plaintiff v. JULIE'S CAFETERIA INC. (d/b/a
JULIE'S PIZZERIA RESTAURANT), MAMA'S CORNER PIZZERIA I CORP. (D/B/A
JULIE'S PIZZERIA RESTAURANT), LUIS PALAGUACHI, MANUEL IGNACIO
TAMAY, and JULIO E. TAMAY, Case No. 1:26-cv-02078 (E.D.N.Y., April
8, 2026) is an action brought on behalf of the Plaintiff and other
similarly situated individuals for unpaid minimum and overtime
wages pursuant to the Fair Labor Standards Act and the New York
Labor Law.
Plaintiff Cerezo worked for the Defendants in excess of 40 hours
per week, without receiving the applicable minimum wage, spread of
hours pay and overtime compensation for the hours that he worked.
Rather, the Defendants failed to maintain accurate recordkeeping of
his hours worked, failed to pay Plaintiff Escalona the applicable
minimum wage, and failed to pay his appropriately for any hours
worked over 40, either at the straight rate of pay or for any
additional overtime premium.
Further, the Defendants failed to pay Plaintiff Escalona the
required "spread of hours" pay for any day in which he worked over
10 hours per day, says the suit.
Plaintiff Escalona was employed by the Defendants as pizza maker
from approximately January 27, 2025 until March 29, 2026 at Julie's
Pizzeria Restaurant.
Julie's Pizzeria Restaurant is an Italian restaurant owned by Luis
Palaguachi, Manuel Ignacio Tamay and Julio E. Tamay situated in
Ridgewood, New York.[BN]
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
E-mail: michael@faillacelaw.com
KENNEDY RICE: Blind Users Can't Access Website, Espinal Suit Claims
-------------------------------------------------------------------
FRANGIE ESPINAL, individually and on behalf of all others similarly
situated, Plaintiff v. KENNEDY RICE MILL, LLC, Defendant, Case No.
1:26-cv-02947 (S.D.N.Y., April 10, 2026) is a class action against
the Defendant for violations of Title III of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.4sistersrice.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: lack of alternative text (alt-text), empty links that
contain no text, redundant links, and linked images missing
alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Kennedy Rice Mill, LLC is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
KERKERING BARBERIO: McDivitt Files Suit in Fla. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Kerkering, Barberio &
Co. The case is styled as Mitchell McDivitt, on behalf of others
similarly situated v. Kerkering, Barberio & Co., Case No.
2026CA002105SC (Fla. Super. Ct., Sarasota Cty., April 14, 2026).
The case type is stated as "Other Negligency - Circuit (South
County)."
Kerkering, Barberio & Co. -- https://kbgrp.com/ -- provides
accounting and consulting services.[BN]
The Plaintiff is represented by:
Cortney Beth Szafran, Esq.
COLE & VAN NOTE
555 12th St #2100
Oakland, CA 94607
Phone: (510) 891-9800
KEYSTONE TECHNOLOGIES: Keyes Sues Over Data Breach
--------------------------------------------------
Donna Keyes, individually and on behalf of all others similarly
situated v. KEYSTONE TECHNOLOGIES GROUP, LLC, and MERCY HEALTH
PHYSICIANS KENTUCKY SPECIALTY CARE, LLC, Case No. 4:26-cv-00550
(E.D. Mo., April 14, 2026), is brought arising out of two
cybersecurity incidents (collectively, the "Data Breach") that
occurred on computer systems hosted by Defendant
The systems housed the protected health information ("PHI") and
personally identifiable information ("PII") (collectively, the
"Private Information") of Plaintiff and other current and former
patients of OIWK and Mercy Health.
The Data Breach resulted from Defendants' failure to implement and
maintain reasonable and adequate cybersecurity measures sufficient
to protect the Private Information entrusted to them. Keystone, as
the vendor hosting the data, failed to maintain reasonable
safeguards over the systems on which it stored Plaintiff's and
Class Members' Private Information. Mercy Health, as the healthcare
provider that collected the Private Information from its patients
and entrusted it to Keystone, failed to ensure that its vendor
maintained reasonable safeguards.
The Plaintiff's and Class Members' Private Information was
maintained on Keystone's systems in a manner vulnerable to
unauthorized access. Upon information and belief, the unauthorized
actors responsible for the Data Breach were cybercriminals who
specifically targeted the Private Information held by Defendants
for exfiltration, misuse, and sale on illicit markets, says the
complaint.
The Plaintiff and Class Members provided their Private Information
to Defendants as a necessary condition of receiving medical care.
The Defendant is third-party healthcare information-technology
vendor that provided managed services to the Orthopaedic Institute
of Western Kentucky which is now operated by Defendant Mercy Health
Physicians Kentucky Specialty Care, LLC as Mercy Health.[BN]
The Plaintiff is represented by:
Mark E. Silvey, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
900 West Morgan Street
Raleigh, North Carolina 27603
Phone: (919) 600-5003
Email: msilvey@brysonpllc.com
lblacno@brysonpllc.com
- and -
Scott J. Falgoust, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
5301 Canal Boulevard
New Orleans, LA 70124
Phone: (919) 585-5634
Email: sfalgoust@brysonpllc.com
LACI TRANSPORT: Summary Judgment in Stingley and Johnson Affirmed
-----------------------------------------------------------------
In the cases, RENEE STINGLEY, et al., Plaintiffs-Appellants, v.
LACI TRANSPORT INC., et al., Defendants-Appellees. MARTANEZE
JOHNSON, et al., Plaintiffs-Appellants, v. BOSMAN TRUCKING, INC.,
et al., Defendants-Appellees, Case Nos. 24-1612 & 24-1613 (7th
Cir.), the U.S. Court of Appeals for the Seventh Circuit affirmed
the district court's order granting summary judgment in favor of
the Defendants in each of the cases.
The plaintiffs in these class action lawsuits, which have been
consolidated for disposition, are current and former shuttle truck
drivers who drive routes entirely within Illinois, moving
truckloads of automobile parts that were fabricated outside
Illinois and their custom storage containers, to and from a Ford
Motor Company assembly plant in Chicago. They filed class action
suits against the Defendants alleging that the failure to pay them
overtime wages violated the Fair Labor Standards Act ("FLSA"), 29
U.S.C. Sections 201 et seq., the Illinois Minimum Wage Law, 820
ILCS Section 105/1 et seq., and the Chicago Minimum Wage Law,
Municipal Code of Chicago (formerly Section 1-24, now Section
6-105). Resolution of all of those claims turns on resolution of
the FLSA claim. The district court granted summary judgment in
favor of the Defendants, and the Plaintiffs now appeal.
Ford assembles vehicles at its Chicago Assembly Plant located at
12600 S. Torrence Avenue, Chicago, Illinois. Some of the auto parts
used at the Assembly Plant are manufactured out of state at Ford's
own manufacturing plants outside Illinois as well as at third-party
manufacturing plants outside Illinois, specifically for use at the
Assembly Plant, based on Ford's projections, forecasts, and
estimated need for those specific parts at the Assembly Plant.
Those parts are transported by interstate trucking carriers. Ford
selects, contracts with, pays, and schedules those interstate truck
carriers. When those auto parts are not in immediate need at the
Assembly Plant, the deliveries by those interstate trucking
carriers are directed to certain semi-trailer storage lots which
Ford owns, leases, or otherwise controls. Those storage lots are at
separate locations that are geographically near the Assembly Plant.
The Plaintiffs claim the Defendants violated the Fair Labor
Standards Act (FLSA) by failing to pay overtime for work exceeding
40 hours per week, but the Defendants argue the Motor Carrier Act
(MCA) exemption applies, which excludes employees from FLSA
overtime requirements if the Secretary of Transportation has
authority to regulate their qualifications and hours; this
authority exists when employees of a motor carrier transport
property across state lines and perform duties that directly affect
the safety of motor vehicle operations in interstate commerce.
The central issue was whether the MCA exemption applied, allowing
the Defendants to deny overtime pay under the FLSA to shuttle
drivers transporting trailers between storage lots and the Assembly
Plant; although the drivers operated on intrastate routes, they
could still fall under the MCA exemption if those routes were part
of a continuous interstate journey, since temporary stops like
storage at lots do not break the flow of interstate commerce when
they are routine, intermediate steps, meaning overtime eligibility
ultimately depended on whether the drivers' trips were part of that
ongoing interstate transportation process.
In making that determination in Collins v. Heritage Wine Cellars,
Ltd., the Seventh Circuit considered four criteria: (1) the
shipper, although it doesn't have to have lined up its ultimate
customers when the product arrives at the warehouse, bases its
determination of the total volume to be shipped through the
warehouse on projections of customer demand that have some factual
basis; (2) no processing or substantial product modification of
substance occurs at the warehouse; (3) while in the warehouse, the
merchandise is subject to the shipper's control and direction as to
the subsequent transportation; and (4) the shipper or consignee
must bear the ultimate payment for transportation charges even if
the warehouse or distribution center directly pays the
transportation charges to the carrier (this goes to the shipper's
responsibility for the original interstate journey). If these
conditions are satisfied, the intrastate leg at the end of the
shipment should be deemed part of an interstate shipment.
Applying those criteria to the case at hand, the Seventh Circuit
held that the district court properly held that the routes by the
Plaintiffs were part of an interstate shipment. The circumstances
of the Ford shipments are analogous to that of the wine shipments
by Heritage in the Collins case. The storage lots are at locations
geographically distinct from the final destination for the
products– the Assembly Plant–and the parts can only be
transported to the Assembly Plant from those storage lots by
traveling over public roads, thus allowing the Department of
Transportation to have authority over the transport. There is no
additional distance requirement in the law that would alter the
legal status, and the claim that it is all one campus is not
factually supported.
As was true of the deliveries of the warehoused goods in Collins,
the Seventh Circuit opined that the transportation by the shuttle
drivers to and from the storage lots is a part of the interstate
shipment of the parts from the out-of-state manufacturing plants to
the Assembly Plant. Similarly, the shipment of the empty custom
containers from the Assembly Plant to the storage lots by the
shuttle drivers, where an interstate carrier retrieves them and
transports them back to the manufacturing plants for reuse in the
next cycle, is part of an interstate shipment, because from the
moment the empty containers leave the Assembly Plant, the intended
destination is clearly the out-of-state manufacturing plant.
Accordingly, the district court properly granted summary judgment
in favor of the Defendants in each of the cases. The decision of
the district court is affirmed.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/ah8ro2r
LAKESHORE LEARNING: Erwin Consumer Suit Removed W.D. Wash.
----------------------------------------------------------
The case styled MELISSA ERWIN, on her own behalf and on behalf of
others similarly situated, Plaintiff v. LAKESHORE LEARNING
MATERIALS, LLC, Defendant, Case No. 26-2-02405-31, was removed from
the Superior Court of the State of Washington for Snohomish County
to the United States District Court for the Western District of
Washington on April 10, 2026.
The District Court Clerk assigned Case No. 2:26-cv-01236 to the
proceeding.
The Plaintiff in this action alleges that on December 1, 2025,
Lakeshore Learning sent an email to her promoting its Cyber Monday
Sale with the subject line "One Day Only! 30% Off One Nonsale
Item!" The complaint alleges that the body of the December 1 email
emphasized that the sale was for a "LIMITED TIME ONLY" and the
offer was accessible through code "9312" through December 1, 2025.
According to the Plaintiff, Lakeshore Learning's practices
constitute a deliberate "bait and-switch" email marketing strategy
in violation of consumer protection laws, as each promotional
message falsely suggested limited availability or imminent
expiration to induce purchases.
Lakeshore Learning Materials, LLC is a chain of educational supply
stores. The company is one of the largest retail and online
suppliers of educational materials to teachers with more than 60
stores in 29 states.[BN]
The Defendant is represented by:
Lisa M. Straehle, Esq.
Taylor A. Dumaine, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (650) 938-5200
E-mail: LStraehle@fenwick.com
TDumaine@fenwick.com
- and -
Molly R. Melcher, Esq.
FENWICK & WEST LLP
One Front Street, 33rd Floor
San Francisco, CA 94111
Telephone: (415) 875-2300
Facsimile: (415) 281-1350
E-mail: MMelcher@fenwick.com
- and -
Kimberly Culp, Esq.
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone: (650) 335-7138
Facsimile: (650) 938-5200
E-mail: KCulp@fenwick.com
LANA UNLIMITED: Website Inaccessible to Blind Users, Bowman Claims
------------------------------------------------------------------
TANISIA BOWMAN, on behalf of herself and all others similarly
situated, Plaintiff v. Lana Unlimited, Co., Defendant, Case No.
1:26-cv-03939 (N.D. Ill., April 9, 2026) is a civil rights action
against Defendant for its failure to design, construct, maintain,
and operate its website https://lanajewelry.com to be fully
accessible to and independently usable by Bowman and other blind or
visually-impaired individuals in violation of the Americans with
Disabilities Act.
On September 2, 2025, Plaintiff Bowman was searching for a
minimalistic bracelet with gemstones and discovered the Defendant's
website. While navigating the available products, she became
interested in the Turquoise & Diamond Bangle and attempted to
purchase it. However, the Plaintiff encountered multiple
accessibility barriers that prevented her from completing her
purchase.
The Plaintiff asserts that the website contains access barriers
that prevent free and full use by Plaintiff Bowman and visually
impaired individuals using keyboards and screen-reading software.
These barriers are pervasive and include, but are not limited to:
inaccurate landmark structure, inaccurate heading hierarchy,
changing of content without advance warning, unclear labels for
interactive elements, redundant links where adjacent links go to
the same URL address, and the requirement that transactions be
performed solely with a mouse.
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.
Lana Unlimited, Co. operates the website that offers a variety of
jewelry items, including necklaces, rings, bracelets, earrings,
anklets, and pendants.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N
Brooklyn, NY 11234
Office: (844) 731-3343
Direct: (929) 442-2154
E-mail: Achan@ealg.law
LON SMITH: Texas Court of Appeals Affirms Arbitration Order in Keys
-------------------------------------------------------------------
In the case, LON SMITH & ASSOCIATES, INC., AND A-1 SYSTEMS, INC.
D/B/A LON SMITH ROOFING AND CONSTRUCTION, Appellants, v. JOE AND
STACCI KEY, Appellees, No. 02-25-00254-CV (Tex. App.), the Court of
Appeals of Texas, Second District, Fort Worth, affirmed the trial
court's order denying the Appellants' First Amended Motion to
Compel Arbitration.
The general background of this litigation may be found in Lon Smith
& Associates, Inc. v. Key, 527 S.W.3d 604 (Tex. App.—Fort Worth
2017, pet. denied) (Lon Smith 1) and Lon Smith & Associates, Inc.
v. Key, No. 02-21-00227-CV, 2022 WL 1112388 (Tex. App.—Fort Worth
Apr. 14, 2022, no pet.) (Lon Smith 2). The Appellants are in the
roofing repair business. The Appellees (Keys) were their customers.
As is pertinent in the appeal, the trial court certified a class of
Appellants' customers as class plaintiffs with the Keys named
individually and on behalf of all others similarly situated. The
trial court's Order Certifying Class Action with Trial Plan, states
that the primary issue to be resolved is whether the contractual
provision with the customers violates the Texas Insurance Code and,
thereby, renders such contracts illegal, void, and unenforceable.
The trial court ordered that the action will be certified as a
class action as to the (a) Plaintiffs' declaratory judgment claim,
(b) Plaintiffs' DTPA claim based on Section 17.50(a)(3)
(Unconscionability), and (c) Plaintiffs' DTPA claim based on
Section 17.50(a)(4) (Violation of Chapter 541 of the Texas
Insurance Code).
It ordered the certified class to consist of "all Texas residents
who from June 11, 2003, through the present signed agreements with
Lon Smith that included the following language, or language
substantially similar to the following: "This Agreement is for FULL
SCOPE OF INSURANCE ESTIMATE AND UPGRADES and is subject to
insurance company approval. By signing this agreement homeowner
authorizes Lon Smith Roofing and Construction ("LSRC") to pursue
homeowners' best interest for all repairs at a price agreeable to
the insurance company and LSRC. The final price agreed to between
the insurance company and LSRC shall be the final contract price."
In Lon Smith 1, the Court of Appeals of Texas affirmed the part of
the Order Certifying Class Action with Trial Plan that "certifies
for class treatment the Keys' declaratory judgment claim and the
Keys' Deceptive Trade Practices Act (DTPA) claim based on section
17.50(a)(4) (Violation of Chapter 541 of the Texas Insurance Code).
It also reversed as to "the Keys' DTPA claim based on section
17.50(a)(3) (Unconscionability).
Among other issues resolved in Lon Smith 2, the Court of Appeals of
Texas held that there was an enforceable arbitration agreement
between the Keys and the Appellants and that the dispute in
question fell within the scope of that arbitration agreement.
However, it also held that the Appellants had waived their right to
compel arbitration with the Keys individually by virtue of their
litigation conduct. Finally, the Court of Appeals of Texas dealt
with the trial court's denial of the Appellants' Motion to Compel
Arbitration with the plaintiff class members. It held that there
was no justiciable controversy between the plaintiff class members
and the Appellants at the time the trial court denied the
Appellants' motion to compel arbitration.
After Lon Smith 2, the plaintiff class members were eventually
served with notice of the class action and the opt-out period
passed. The Appellants then filed their First Amended Motion to
Compel Arbitration, seeking to compel arbitration under the Federal
Arbitration Act as to the 22,258 plaintiff class members—out of
the 36,899 in the entire plaintiff class—who allegedly have
arbitration provisions in their customer agreements with
Appellants. However, the motion was ambiguous regarding the nature
of the arbitration relief sought by the Appellants against the
class members, e.g., class or collective arbitration for all, or
some, of the class members, or 22,258 bilateral arbitrations
between each class member and Appellants, or some combination
thereof.
Nothing said on the record during the hearing on the First Amended
Motion to Compel Arbitration shed any light on the question of the
type of arbitration process being requested. After sustaining the
Keys' objections to the Appellants' evidence tendered in support of
the motion, the trial court denied the First Amended Motion to
Compel Arbitration without specifying any reasons. The present
appeal ensued.
The Appellants raised what can be described as one general issue
with subparts. The general issue is that the trial court abused its
discretion in denying their First Amended Motion to Compel
Arbitration. Under that general issue, they contended that the
trial court erred in sustaining the Keys' objections to several of
their exhibits offered in support of the Motion.
The Court of Appeals of Texas overruled the Appellants' issue and
subparts and affirmed the trial court's Order. It opined that the
Appellants failed to meet their burden of proof regarding the
existence of valid arbitration agreements with the class members
who allegedly had arbitration agreements in their contracts with
them.
Among other things, it found that there's no enforceable agreement
for class or collective arbitration was established under the AAA
arbitration provisions and the Appellants did not introduce their
actual contracts with the class members. Additionally, it said that
courts should examine and consider the entire contract to harmonize
and give effect to all the provisions of the contract so that none
will be rendered meaningless. The Appellants only argued from four
sets of "standard" contract provisions. For the trial court to have
considered each customer's contract in its entirety, it would had
to have sorted through 22,528 customer files looking for the
contract for each customer. Thus, regardless of the evidentiary
rulings, the trial court did not abuse its discretion in denying
the First Amended Motion to Compel Arbitration.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/vhbaqi3
LONG BEACH ASSESSORS: A-Jlo Files Suit in N.Y. Sup. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the City of Long Beach. The case is styled as A-Jlo
Products Co. LLC and all other petitioners similarly situated
herein v. The Board of Assessors and The Board of Assessment Review
of the City of Long Beach, Case No. 401192/2026 (N.Y. Sup. Ct.,
Nassau Cty., April 14, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Assessor -- https://www.longbeachny.gov/tax-assessor -- is
responsible for the inspection, data collection and valuation of
all real property within the boundaries of the City of Long
Beach.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
LOOP LLC: Oil Spill Devastates Coastal Fishing Areas, Rodrigue Says
-------------------------------------------------------------------
COASTAL CHARTER SERVICES, LLC, RODRIGUE BUSINESS ASSOCIATES, LLC,
and OLDEN RODRIGUE, JR., Plaintiffs v. LOOP, LLC, Defendant, Case
No. 2:26-cv-00757 (E.D. La., April 10, 2026) arises from a
significant oil spill that has caused substantial harm to
Louisiana's coastal fishing communities.
The complaint relates that on February 26, 2026, a cargo hose under
the custody and control of Defendant LOOP, LLC ("LOOP") failed
during a crude oil transfer operation at its offshore deepwater
port located approximately 18 miles off the Louisiana coast in the
Gulf of America, in Terrebonne and Lafourche Parish waters. The
failure released more than 31,500 gallons of Venezuelan sour crude
oil, one of the densest and most environmentally persistent grades
of crude oil in the world, directly into federal and Louisiana
waters. Rather than responding swiftly and transparently, LOOP
initially minimized and misrepresented the scope of the disaster.
The heavy Venezuelan crude had migrated more than 18 miles into
Louisiana's territorial waters, coating marshlands, contaminating
oyster beds, fouling shrimping and fishing grounds, and covering
boats, traps, nets, and live seafood with a viscous black sludge.
For Mr. Rodrigue, his charter services company, and his associated
marine business, the contamination of the very barrier islands and
coastal marshes on which their livelihoods depend has caused, and
continues to cause, devastating economic and reputational harm.
LOOP has operated a "Claims Center" that Plaintiffs allege does not
comply with the Oil Pollution Act ("OPA"). LOOP's representatives
have pressured claimants into signing sweeping releases of all
present and future claims, without counsel, under threat of losing
any recovery, while withholding the disclosures OPA mandates, says
the suit.
The Plaintiffs now bring this action individually and on behalf of
all similarly situated persons and entities to hold LOOP
accountable for the full measure of its misconduct. OPA's mandatory
advertising provisions require a Responsible Party to publicly
advertise, for a minimum of 30 days, that it has been designated as
the Responsible Party and to describe the procedures by which
claims may be presented. OPA further requires that this advertising
specifically inform potential claimants of their right to seek
interim, short-term partial settlements without foreclosing the
right to pursue additional damages in the future.
Plaintiff Coastal Charter Services, LLC ("Coastal Charter")
provides year-round guided fishing trips targeting speckled trout
and redfish, seasonal waterfowl hunting, and nightly bowfishing
excursions.
Plaintiff Rodrigue Business Associates, LLC ("Rodrigue Business")
owns and operates The Redfish Camp, a commercial fishing and
charter boat enterprise whose operations depend entirely on the
health and accessibility of Louisiana's coastal and inshore
waters.
Plaintiff Olden Rodrigue, Jr. is a licensed charter boat captain
and commercial fisherman with more than 18 years of professional
experience operating in Louisiana's coastal waters out of Cocodrie,
Louisiana.
Defendant LOOP, LLC owns and operates the Louisiana Offshore Oil
Port, the only deepwater offshore port in the United States capable
of receiving, storing, and distributing crude oil from ultra-large
and very-large crude carriers.[BN]
The Plaintiffs are represented by:
Blake Corley, Esq.
DALY & BLACK, P.C.
400 Poydras Street | Suite 1900
New Orleans, LA 70130
Telephone: 713-655-1405
Facsimile: 713-655-1587
E-mail: clathrop@dalyblack.com
bcorley@dalyblack.com
www.dalyblack.com
M&T BANK: Wins Summary Judgment in Proxy Fraud Suit
---------------------------------------------------
In the case captioned as David Jaroslawicz, individually and on
behalf of all others similarly situated, Plaintiff, v. M&T Bank
Corporation et al., Defendants, Civil Action No. 1:15-cv-00897-EJW
(D. Del.), Circuit Judge Evan J. Wallach sitting by designation of
the United States District Court for the District of Delaware,
granted Defendants' motion for summary judgment on all claims under
Section 14(a) of the Securities Exchange Act of 1934. The Court
concluded that Plaintiff failed to show that a genuine dispute of
fact remains on any element of their claim.
This case arises out of a merger agreement between M&T Bank
Corporation and Hudson City Bancorp Inc. in which M&T was to
acquire Hudson City. Hudson City, facing difficulties in the wake
of the 2008 financial crisis, began assessing future options for
its survival. On August 27, 2012, the two banks entered into a
Merger Agreement where M&T would absorb Hudson City and Hudson City
shareholders would receive a mix of 40% cash and 60% M&T stock in
exchange for their Hudson City stock. M&T and Hudson City filed a
Joint Proxy, declared effective on February 22, 2013, to inform
shareholders of the terms of the merger.
Plaintiff alleged that the Joint Proxy contained material
misrepresentations or omissions about the merger and the regulatory
challenges it faced, causing it to close significantly later than
expected. Specifically, Plaintiff alleged that Defendant failed to
disclose the extent of regulatory risks posed to the merger from
Bank Secrecy Act/anti-money laundering (BSA/AML) deficiencies and
consumer violations involving M&T's free checking account
practices. Plaintiff sought benefit-of-the-bargain damages
comprising trading damages, closing damages, and dividend damages.
The Court found that Plaintiff failed to raise a genuine dispute of
material fact as to whether Defendant made material
misrepresentations or omissions in the proxy materials.
The Court held that certain disclosures in the proxy materials
would have disclosed confidential supervisory information (CSI) and
violated the bank examination privilege, a qualified privilege that
protects agency opinions, agency recommendations, and banks'
responses from disclosure.
Accordingly, Defendant was barred as a matter of law from certain
disclosures. Plaintiff offered no rebuttal expert testimony and did
not address Defendant's expert report, which concluded that the
privilege would strictly limit M&T's ability to disclose the
specifics of the ongoing regulatory investigations of its BSA/AML
compliance program and its remedial efforts.
The Court further held that the Supplemental Disclosures, issued on
April 12, 2013, before the shareholder vote on April 18, 2013,
sufficiently disclosed the regulatory concerns. After those
disclosures, shareholders were aware that the merger would be
delayed due to M&T's BSA/AML regulatory deficiencies. Further
details regarding the specifics of the BSA/AML deficiencies and the
Federal Reserve's examination would not alter the total mix of
information available to stockholders. Therefore, the alleged
omissions or misrepresentations were immaterial as a matter of
law.
As to the consumer violations related to M&T's free checking
practices, the Court found there was no evidentiary showing that in
February 2013, prior to the issuance of the Joint Proxy, M&T knew
or should have known that the free checking practice posed an
independent regulatory risk to the merger.
The Court held that Plaintiff's alleged trading and closing damages
were wholly speculative and there was no genuine dispute of
material fact regarding economic loss. Plaintiff sought to prove
economic loss using the DeRosa Event Study, which analyzed four
dates on which M&T stock price declined following its disclosures
about regulatory challenges: April 12, 2013; October 17, 2014;
April 6, 2015; and September 30, 2015.
The Court held that the Event Study failed to show that the alleged
misrepresentations or omissions in the proxy materials were the
proximate cause of any purported economic loss. The Event Study was
based on only four selectively picked dates and did not consider
other market changes or intervening causes. On October 17, 2014,
Defendant identified that M&T's Third Quarter 2014 earnings call,
which concurrently announced unexpectedly negative financial
results, was a specific intervening factor that Plaintiff's expert
admitted he had not considered. On April 6, 2015, the Board had
twice taken discretionary action to extend the Merger Agreement,
which the Court held broke the chain of causation. On September 30,
2015, the market had fully reacted to the news by the end of
trading that day, and Plaintiff provided no explanation for
selecting October 1 as the relevant date.
The Court noted that when the merger closed on November 1, 2015,
both M&T's and Hudson City's stock rose significantly. Plaintiff
clearly benefited from the merger: the Belinas, who alleged trading
damages, earned a 47% return on their investment, while Mr.
Krublit, who alleged closing damages, earned a 61% return on his.
As to dividend damages, the Court held they were not viable as a
matter of law because dividends at a certain level were nowhere
promised or guaranteed in the Joint Proxy. Plaintiff cannot claim
that the benefit they were promised includes dividends at a certain
level if they were not included as a benefit in the bargain to
which they agreed.
The Court held that there was no genuine dispute of material fact
that the merger transaction as approved by shareholders directly
caused Plaintiff's injury. The Board's four discretionary
extensions of the merger agreement attenuated the causal chain
between the proxy solicitation and the alleged injury. The alleged
trading and closing damages would have allegedly resulted from
those extensions, not from the merger as originally approved by
shareholders.
Accordingly, the Court granted Defendant's motion for summary
judgment on all remaining issues and directed the Clerk of Court to
enter a final judgment in favor of Defendant and against Plaintiff
and to close the case.
A copy of the court's decision is avaialable at
https://urlcurt.com/u?l=64IoZh from PacerMonitor.com
MAV KG LLC: Perez Suit Removed to E.D. California
-------------------------------------------------
The case captioned as Frank Perez, individually, and on behalf of
other members of the general public similarly situated v. MAV KG,
LLC, a Delaware limited liability company; and DOES 1 through 100,
inclusive, Case No. CV2026-0332 was removed from the Superior Court
of the State of California for the County of Yolo, to the United
States District Court for Eastern District of California on April
16, 2026, and assigned Case No. 2:26-at-00647.
The Plaintiff's Complaint asserts individual and class claims.
violation of California Labor Codes for: Unpaid Overtime; Unpaid
Meal Period Premiums; Unpaid Rest Period Premiums; Unpaid Minimum
Wages; Final Wages Not Timely Paid; Wages Not Timely Paid During
Employment; Non-Compliant Wage Statements; Failure to Keep
Requisite Payroll Records; Unreimbursed Business Expenses; and
violation of California Business and Professions Code (Unfair
Competition Law).[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
George J. Theofanis, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: michael.nader@ogletree.com
george.theofanis@ogletree.com
MDL 2875: Settles Contaminated Medication Class Suit for $15.2MM
----------------------------------------------------------------
Top Class Actions reports that Aurobindo, Hetero and Vivimed agreed
to class action settlements totaling more than $15.2 million to
resolve claims that their blood pressure medications were
contaminated with cancer-causing substances.
Aurobindo agreed to a $2 million class action settlement, Hetero a
$11,365,489.80 settlement and Vivimed a $1,899,000 settlement to
resolve claims that their irbesartan, valsartan and losartan blood
pressure medications were contaminated with cancer-causing
substances.
All three class action settlements are part of the same larger
federal litigation -- In re: Valsartan, Losartan and Irbesartan
Products Liability Litigation -- currently pending in the United
States District Court for the District of New Jersey.
The Aurobindo settlement benefits consumers who paid for irbesartan
medications manufactured with Aurobindo irbesartan active
pharmaceutical ingredient (API) since Jan. 1, 2016. The Hetero
settlement benefits consumers who paid for valsartan medications
manufactured using Hetero Process III API sold between May 1, 2018,
and July 31, 2018. The Vivimed settlement benefits consumers who
paid for Vivimed losartan finished drug formulations sold under
specific impacted National Drug Codes (NDCs).
The class action lawsuit claimed that medications from
pharmaceutical manufacturers Aurobindo (irbesartan), Hetero
(valsartan) and Vivimed (losartan) were contaminated with
nitrosamine impurities -- NDEA, NDMA and NMBA, respectively -- all
alleged to be human carcinogens.
The plaintiffs in the cases say that each manufacturer knew or
should have known that its medication was contaminated with these
impurities. However, the companies allegedly failed to warn
consumers and retailers about the contamination. As a result of
each defendant's alleged failure to warn, consumers were forced to
overpay for the contaminated medications.
Aurobindo, Hetero and Vivimed have each denied any wrongdoing but
agreed to resolve these allegations with their respective
settlements.
Under the terms of the Aurobindo class action settlement, class
members can receive a cash payment based on the amount they paid
for irbesartan medications. Class members who paid out of pocket
for irbesartan medications can receive a reimbursement of up to
$100. Class members who have documentation of their purchases can
receive a larger reimbursement of up to $200.
Under the terms of the Hetero settlement, consumers can generally
receive up to $40 for each 30-day supply purchased, with a maximum
total payment of $120. However, consumers who can sufficiently
document purchases in excess of $40 for a 30-day supply may receive
a higher payment without regard to the standard caps.
Payment amounts for individual Vivimed class members have not yet
been specified, as the allocation method is to be determined by
class counsel and reviewed by the court prior to the final approval
hearing.
For the Aurobindo and Hetero class action settlements, the deadline
for exclusion, objection and claim submission is June 2, 2026, and
the final approval hearing is scheduled for June 30, 2026.
Deadlines for the Vivimed settlement have not yet been set by the
court.
Who's Eligible
The Aurobindo settlement benefits consumers who paid for irbesartan
medications manufactured with Aurobindo irbesartan active
pharmaceutical ingredients since Jan. 1, 2016. The Hetero
settlement benefits consumers who paid for valsartan medications
manufactured using Hetero Process III API sold between May 1, 2018
and July 31, 2018. The Vivimed settlement benefits consumers who
paid for Vivimed losartan finished drug formulations sold under
specific impacted National Drug Codes.
Potential Award
Aurobindo class members can receive a cash payment of up to $100
based on the amount they paid for irbesartan medications. Class
members who have documentation of their purchases can receive a
larger reimbursement of up to $200.
Hetero class members can receive up to $40 for each 30-day supply
purchased, with a maximum total payment of $120. Members with proof
of purchase in excess of $40 for a 30-day supply may receive a
higher payment without regard to the standard caps.
Vivimed class members have not yet been specified, as the
allocation method is to be determined by Class Counsel and reviewed
by the court prior to the final approval hearing.
Proof of Purchase
Documentation such as pharmacy receipts
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
06/02/2026
Case Name
In re: Valsartan, Losartan and Irbesartan Products Liability
Litigation, Case No. 1:19-md-02875-RBK-SAK, in the United States
District Court for the District of New Jersey
Final Hearing
06/30/2026
Settlement Website
SartanMedicationSettlement.com
Claims Administrator
Sartan Medication Settlement Administrator
P.O. Box 3376
Baton Rouge, LA 70821
info@SartanMedicationSettlement.com
(866) 875-9644
Class Counsel
John R. Davis
SLACK DAVIS SANGER LLP
Ruben Honik
HONIK LAW
Conlee S. Whiteley
KANNER & WHITELEY LLC
Defense Counsel
Aurobindo:
John P. Lavelle
MORGAN, LEWIS & BOCKIUS LLP
Hetero:
Eric Abraham
HILL WALLACK LLP
Terry M. Henry
BLANK ROME LLP
Andrew F. Albero
LEWIS BRISBOIS
Vivimed:
Douglas Tween
John Eichlin
LINKLATERS LLP [GN]
MEDICAL ANSWERING: Blazek FLSA Suit Transferred to N.D. New York
----------------------------------------------------------------
The case captioned as James Blazek, Absolute 1 Transport LLC, AOT
Transportation Arrive On Time LLC, Robert Kendrick, on behalf of
themselves and all others similarly situated v. Medical Answering
Services, LLC, Case No. 1:26-cv-01671 was transferred from the U.S.
District Court for the Southern District of New York, to the U.S.
District Court for the Northern District of New York on April 14,
2026.
The District Court Clerk assigned Case No. 5:26-cv-00717-AJB-CBF to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Medical Answering Services, LLC (MAS) --
https://www.medanswering.com/ -- provides Medicaid Transportation
Management and Prior Authorization Services for New York State
Department of Health.[BN]
The Plaintiffs are represented by:
Lee N. Jacobs, Esq.
LEE JACOBS & ASSOCIATES LLC
97 Newkirk Street-Suite 207
Jersey City, NJ 07306
Phone: (646) 212-7234
Email: lee@jacobslegal.com
The Defendant is represented by:
Louis Orbach, Esq.
BOND SCHOENECK & KING, PLLC - SYRACUSE
One Lincoln Center
Syracuse, NY 13202
Phone: (315) 218-8000
Fax: (315) 218-8100
Email: lorbach@bsk.com
- and -
Michael S. Barnett, Esq.
Natalie C. Vogel, Esq.
BOND, SCHOENECK & KING, PLLC
22 Corporate Woods Blvd.-Suite 501
Albany, NY 12211-2503
Phone: (518) 533-3281
Fax: (518) 533-3299
Email: mbarnett@bsk.com
nvogel@bsk.com
MERASTAR INSURANCE: Hagan Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Mabel Hagan, an individual, and on behalf of
all others similarly situated v. MERASTAR INSURANCE COMPANY, a
corporation; KEMPER CORPORATION, a corporation; and DOES 1 through
50, inclusive, Case No. 26STCV01174 was removed from the Superior
Court of California, County of Los Angeles, to the United States
District Court for the Central District of California on April 14,
2026, and assigned Case No. 2:26-cv-03970.
In the Complaint, Plaintiff alleges the following causes of action:
Failure to Pay Minimum Wages; Failure to Pay Overtime Wages;
Failure to Provide Required Meal Periods; Failure to Provide
Required Rest Periods; Failure to Properly Pay Accrued Sick Days;
Failure to Properly Pay Unused Vacation Pay; Failure to Pay Timely
Wages During Employment; Failure to Pay All Wages Due to Discharged
and Quitting Employees; Failure to Maintain Required Records;
Failure to Furnish Accurate, Itemized Wage Statements; Failure to
Reimburse Necessary Expenditures; Unfair and Unlawful Business
Practices; and Civil Penalties Pursuant to The Private Attorneys
General Act.[BN]
The Defendants are represented by:
Robert S. Blumberg, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Facsimile: 800.715.1330
Email: rblumberg@littler.com
- and -
Edgar Sargsyan, Esq.
Dyanna Castaneda, Esq.
LITTLER MENDELSON, P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Phone: 213.443.4300
Facsimile: 800.715.1330
Email: esargsyan@littler.com
dcastaneda@littler.com
MERCER ADVISORS INC: Doe Files Suit in S.D. California
------------------------------------------------------
A class action lawsuit has been filed against Mercer Advisors Inc.
The case is styled as Jane Doe, individually and on behalf of all
others similarly situated v. Mercer Advisors Inc., Case No.
3:26-cv-02414-LL-MMP (S.D. Cal., April 15, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Mercer Advisors -- https://www.merceradvisors.com/ -- is a
full-service wealth management firm.[BN]
The Plaintiff is represented by:
Patrick N. Keegan, Esq.
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Phone: (760) 929-9303
Fax: (760) 929-9260
Email: pkeegan@keeganbaker.com
MERCOR.IO CORPORATION: Ramos Files Suit in N.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Mercor.io
Corporation, et al. The case is styled as Elana Ramos, individually
and on behalf of all others similarly situated v. Mercor.io
Corporation doing business as: Mercor, Case No. 4:26-cv-03215-KAW
(N.D. Cal., April 15, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Mercor.io Corporation -- https://www.mercor.com/ -- is an American
artificial intelligence hiring startup that provides experts to
train AI models and chatbots.[BN]
The Plaintiff is represented by:
Robert C. Schubert, Esq.
Sonum Dixit, Esq.
Amber Love Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union Street, Suite 200
San Francisco, CA 94123
Phone: (415) 788-4220
Email: rschubert@sjk.law
sdixit@sjk.law
aschubert@sjk.law
MGR FREIGHT: Fails to Pay Proper Wages, Omar Alleges
----------------------------------------------------
ABDINASSER OMAR, individually and on behalf of all others similarly
situated, Plaintiff v. MGR FREIGHT SYSTEM, INC.; MGR LEASE, LLC; RD
EXPEDITED, INC.; and RADOMIR DOBRASINOVIC, Case No. 1:26-cv-03912
(N.D. Ill., April 8, 2026) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
Plaintiff Omar was employed by the Defendants as a driver.
MGR Freight System, Inc. is a transportation services company,
which moves full trailer, container loads of freight from origin to
final destination. [BN]
The Plaintiff is represented by:
Bradley Manewith, Esq.
LICHTEN & LISS-RIORDAN, P.C.
5 Revere Drive, Suite 200
Northbrook, IL 60062
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
Email: bmanewith@llrlaw.com
- and -
Harold Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Ste. 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
Email: hlichten@llrlaw.com
osavytska@llrlaw.com
MONEYLION TECHNOLOGIES: Murphy Suit Removed to W.D. Washington
--------------------------------------------------------------
The case captioned as Cabrina Murphy, on behalf of herself and all
others similarly situated v. MONEYLION TECHNOLOGIES INC.; and
MONEYLION INC., Case No. 26-2-07563-8 KNT was removed from the
Superior Court of the State of Washington for King County, to the
United States District Court for Western District of Washington on
April 15, 2026, and assigned Case No. 2:26-cv-01308.
The Plaintiff alleges that Defendants violated Washington's
Commercial Electronic Mail Act ("CEMA"), and also asserts a
derivative claim under Washington's Consumer Protection Act
("CPA"), premised on the purported CEMA violations.[BN]
The Plaintiff is represented by:
Kaleigh N. Boyd, Esq.
MCNAUL EBEL PLLC
600 University Street, Suite 2700
Seattle, WA 98101
Phone: 206-467-1816
Fax: 206-624-5128
Email: evan@northlawpllc.com
- and -
Evan E. North, Esq.
NORTH LAW PLLC
1900 Market Street, Suite 800
Philadelphia, PA 19103
Phone: 202-921-1651
Email: evan@northlawpllc.com
- and -
Edwin J. Kilpela, Jr., Esq.
WADE KILPELA SLADE LLP
6425 Living Place, Suite 200
Pittsburg, PA 15206
Phone: 412-314-0515
Email: ek@waykayslay.com
The Defendants are represented by:
Benjamin B. Sweeney, Esq.
COOLEY LLP
1700 Seventh Avenue, Suite 1900
Seattle, WA 98101-1355
Phone: +1 206 452 8700
Fax: +1 206 452 8800
Email: bsweeney@cooley.com
- and -
Scott D. Dailard, Esq.
Megan L. Donohue, Esq.
COOLEY LLP
10265 Science Center Drive
San Diego, California 92121-1117
Phone: +1 858 550 6000
Fax: +1 858 550 6420
Email: sdailard@cooley.com
mdonohue@cooley.com
- and -
Caroline A. Lebel, Esq.
COOLEY LLP
3 Embarcadero Center
San Francisco, CA 94111
Phone: +1 415 693 2000
Fax: +1 415 693 2222
Email: clebel@cooley.com
- and -
Richard Koch, Esq.
COOLEY LLP
1299 Pennsylvania Avenue, NW, Suite 700
Washington, DC 20004-2400
Phone: +1 202 842 7800
Fax: +1 202 842 7899
Email: rkoch@cooley.com
MR. COOPER: Faces Class Suit Over Mortgage Prepayment Penalties
---------------------------------------------------------------
Tez Romero, writing for MPA Mag, reports that Mr. Cooper, one of
the country's biggest mortgage servicers, is facing a proposed
class action over how it calculates prepayment penalties on home
loans.
The lawsuit, filed on April 20, 2026, in the US District Court for
the Northern District of Texas, Dallas Division, was brought by a
California borrower, Michael E Kasaba LLC, on behalf of itself and
a proposed nationwide class, along with a California sub--class.
The case, Michael E Kasaba LLC v. Nationstar Mortgage LLC d/b/a Mr.
Cooper, lands Nationstar Mortgage -- the Coppell, Texas, servicer
better known to borrowers as Mr. Cooper -- in the middle of an
unusually technical fight that the filing says could reach
borrowers across the country.
According to the filing, Nationstar services a portfolio with $1.5
trillion in unpaid principal balance and has more than six million
customers nationwide. The plaintiff also alleges that Nationstar
provided services through its wholly owned entities Rushmore
Servicing and Rushmore Loan Management Services LLC.
The dispute boils down to two words: "anniversary date."
In April 2024, Michael E Kasaba LLC took out a $399,000 mortgage
from Investor Mortgage Finance LLC on a home at 810 Joyce Drive in
Port Hueneme, California, with monthly payments of $2,661.26
starting that June. The loan's Fixed Rate Note laid out a sliding
prepayment penalty -- 5% if the loan was paid off on or before the
first anniversary of the loan, 4% by the second, and so on down to
zero after the fifth year. What the note did not do, according to
the filing, was define what "anniversary date" actually meant.
That ambiguity, the borrower says, is where the trouble started.
After the loan was transferred to Mr. Cooper, the borrower paid it
off in full on May 27, 2025. Mr. Cooper, then operating under the
Rushmore Servicing brand, charged a prepayment penalty of
$19,748.32 -- 5% of the $394,966.38 balance. The borrower argues
the penalty should have been 4%, or $15,798.66, because the payoff
came more than a year after the loan funded on April 4, 2024. That
is a difference of $3,949.66. When the borrower called Mr. Cooper
on June 5, 2025, to dispute the charge, the filing says the company
refused to refund it.
The borrower's position, backed by a citation to a Seventh Circuit
case, is that "anniversary date" in the mortgage world commonly
refers to the date the loan was issued -- not the date the first
payment came due. Mr. Cooper, according to the filing, read it the
other way, using the later first-payment date and applying the
higher 5% penalty.
The lawsuit brings four claims: breach of contract and the implied
covenant of good faith and fair dealing, unjust enrichment,
violations of California's Unfair Competition Law, and violations
of the Texas Deceptive Trade Practices Act. Invoking the Class
Action Fairness Act, the filing pegs the aggregate amount in
controversy at more than $5 million and says the class could
include thousands of borrowers.
Mr. Cooper has not yet responded, and no decision has been made on
the merits or on class certification. [GN]
NACOGDOCHES COUNTY: Fails to Prevent Data Breach, Seibert Says
--------------------------------------------------------------
GENE SEIBERT, individually and on behalf of all others similarly
situated, Plaintiff v. NACOGDOCHES COUNTY HOSPITAL DISTRICT d/b/a
NACOGDOCHES MEMORIAL HOSPITAL, Defendant, Case No. 9:26-cv-00258
(E.D. Tex., April 8, 2026) is an action alleging the Defendant's
failure to secure and safeguard personally identifiable information
and protected health information (the "Private Information").
The Plaintiff alleges in the complaint that the Defendant failed to
implement practices and systems to mitigate against the risks posed
by its negligent, if not reckless, IT practices. As a result of
these failures, the Plaintiff and Class members face a litany of
harms that accompany data breaches of this magnitude and severity,
says the suit.
Nacogdoches Memorial Hospital was founded in 2001. The company's
line of business includes the retail sale of prescription drugs,
proprietary drugs, and non-prescription medicines. [BN]
The Plaintiff is represented by:
Kelly Stewart, Esq.
K STEWART LAW, P.C.
4597 Belfort Avenue
Dallas, TX 75205
Telephone: (972) 308-6166
Email: kelly@kstewartlaw.com
- and -
Israel David, Esq.
Adam M. Harris, Esq.
ISRAEL DAVID LLC
60 Broad Street, Suite 2900
New York, NY 10004
Telephone: (212) 350-8850
Email: israel.david@davidllc.com
adam.harris@davidllc.com
- and -
Mark A. Cianci, Esq.
ISRAEL DAVID LLC
399 Boylston Street, Floor 6, Suite 23
Boston, MA 02116
Telephone: (617) 295-7771
Email: mark.cianci@davidllc.com
NASSAU COUNTY ASSESSORS: 153 Main St. Files Suit in N.Y. Sup. Ct.
-----------------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the of the County of Nassau. The case is styled as 153
Main St. Realty LLC, and all other petitioners similarly situated
herein v. The Board of Assessors of the County of Nassau and The
Board of Assessment Review of the County of Nassau, Case No.
401315/2026 (N.Y. Sup. Ct., Nassau Cty., April 15, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Nassau County Department of Assessment, led by an appointed
Assessor, is responsible for listing and appraising all real
property within Nassau County, New York, for tax purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-393-8262
Fax: 516-393-8282
Email: amahony@jaspanllp.com
NASSAU COUNTY ASSESSORS: 160 Hicks Files Suit in N.Y. Sup. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the of the County of Nassau. The case is styled as 160
Hicks Holding Corp., and all other petitioners similarly situated
herein v. The Board of Assessors of the County of Nassau and The
Board of Assessment Review of the County of Nassau, Case No.
401314/2026 (N.Y. Sup. Ct., Nassau Cty., April 15, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Nassau County Department of Assessment, led by an appointed
Assessor, is responsible for listing and appraising all real
property within Nassau County, New York, for tax purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-393-8262
Fax: 516-393-8282
Email: amahony@jaspanllp.com
NASSAU COUNTY ASSESSORS: Amre Associates Files Suit in N.Y. Sup. Ct
-------------------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the of the County of Nassau. The case is styled as
Amre Associates LLC, and all other petitioners similarly situated
herein v. The Board of Assessors of the County of Nassau and The
Board of Assessment Review of the County of Nassau, Case No.
401306/2026 (N.Y. Sup. Ct., Nassau Cty., April 15, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Nassau County Department of Assessment, led by an appointed
Assessor, is responsible for listing and appraising all real
property within Nassau County, New York, for tax purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-393-8262
Fax: 516-393-8282
Email: amahony@jaspanllp.com
NASSAU COUNTY ASSESSORS: FOE Files Suit in N.Y. Sup. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the of the County of Nassau. The case is styled as
Fraternal Order of Eagles, and all other petitioners similarly
situated herein v. The Board of Assessors of the County of Nassau
and The Board of Assessment Review of the County of Nassau, Case
No. 401310/2026 (N.Y. Sup. Ct., Nassau Cty., April 15, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Nassau County Department of Assessment, led by an appointed
Assessor, is responsible for listing and appraising all real
property within Nassau County, New York, for tax purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-393-8262
Fax: 516-393-8282
Email: amahony@jaspanllp.com
NASSAU COUNTY ASSESSORS: MCL Files Suit in N.Y. Sup. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against The Board of
Assessors of the of the County of Nassau. The case is styled as
Malverne Center LLC, and all other petitioners similarly situated
herein v. The Board of Assessors of the County of Nassau and The
Board of Assessment Review of the County of Nassau, Case No.
401309/2026 (N.Y. Sup. Ct., Nassau Cty., April 15, 2026).
The nature of suit is stated as Real Property - Tax Certiorari.
The Nassau County Department of Assessment, led by an appointed
Assessor, is responsible for listing and appraising all real
property within Nassau County, New York, for tax purposes.[BN]
The Plaintiff is represented by:
Andrew Matthew Mahony, Esq.
JASPAN SCHLESINGER NARENDRAN LLP
300 Garden City Plaza, 5th Floor
Garden City, NY 11530
Phone: 516-393-8262
Fax: 516-393-8282
Email: amahony@jaspanllp.com
NATERA INC: Securities Class Action Opt-Out Deadline Set for June 9
-------------------------------------------------------------------
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
BRITISH AIRWAYS PENSION TRUSTEES
LIMITED & KEY WEST POLICE AND
FIRE PENSION FUND, Individually and on
Behalf of All Others Similarly Situated,
Plaintiffs,
v.
NATERA, INC., et al.,
Defendants.
Case No. 1:22-cv-00398-DAE
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PRELIMINARILY
GRANTED MOTION TO VOLUNTARILY DISMISS SECTION 12(a)(2) CLAIMS
FROM ACTION WITHOUT PREJUDICE
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED
NATERA, INC. COMMON STOCK BETWEEN FEBRUARY 27, 2020, AND MARCH 8,
2022, INCLUSIVE, AND WERE DAMAGED THEREBY (THE "CLASS").
YOU ARE HEREBY NOTIFIED, pursuant to Federal Rule of Civil
Procedure ("Rule") 23 and by Order of the United States District
Court for the Western District of Texas, that the action ("Action")
filed against Natera, Inc. ("Natera"), certain of Natera's officers
and directors during the relevant time period, and the underwriters
that sold Natera common stock in Natera's secondary public offering
conducted in July 2021 (collectively, "Defendants"), has been
certified as a class action on behalf of the Class. The Court has
appointed British Airways Pension Trustees Limited and Key West
Police & Fire Pension Fund as Class Representatives and Kessler
Topaz Meltzer & Check, LLP and Bernstein Litowitz Berger &
Grossmann LLP as Class Counsel.
YOU ARE ALSO HEREBY NOTIFIED that Plaintiffs have been
preliminarily granted voluntary dismissal of claims under Section
12(a)(2) of the Securities Act of 1933 from the Action without
prejudice. If this voluntary dismissal motion is finally granted,
the Underwriter Defendants will be dismissed from the Action
without prejudice.
This notice is not an admission by Defendants or an expression of
any opinion by the Court as to the merits of the Action, or a
finding by the Court that the claims asserted by Plaintiffs in the
Action are valid. This notice is not a settlement notice and is
intended only to inform members of the Class that the Action is
currently in progress.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY
THE LAWSUIT. This notice provides only a summary of the information
contained in the detailed, long-form Notice of Pendency of Class
Action and Preliminarily Granted Motion to Voluntarily Dismiss
Section 12(a)(2) Claims from the Action Without Prejudice
("Notice").
You may obtain a copy of the Notice from the website for the
Action, www.NateraSecuritiesAction.com, or by contacting the
Administrator:
British Airways Pension Trustees Limited, et al. v. Natera, Inc.,
et al.
c/o A.B. Data, Ltd.
P.O. Box 170700
Milwaukee, WI 53217
1-866-830-1050
info@NateraSecuritiesAction.com
If you are a Class member you should receive a Postcard Notice
regarding the Action by mail. If you are a Class member and you do
not receive a Postcard Notice by mail, please send your name and
address to the Administrator so that you will receive any future
notices disseminated in connection with the Action.
Inquiries, other than requests for the Notice, may be made to
Court-appointed Class Counsel:
KESSLER TOPAZ MELTZER
& CHECK, LLP
Joshua E. D'Ancona, Esq.
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
info@ktmc.com
www.ktmc.com
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
Salvatore J. Graziano, Esq.
1251 Avenue of the Americas, 44th Floor
New York, NY 10020
Telephone: (212) 554-1400
inquiries@blbglaw.com
www.blbglaw.com
If you are a Class member, you have the right to decide whether to
remain a member of the Class. If you choose to remain a member of
the Class, you do not need to do anything at this time other than
retain your documentation reflecting your transactions and holdings
in Natera common stock. You will automatically be included in the
Class, and you will be bound by the proceedings in the Action,
including all past, present, and future orders and judgments of the
Court, whether favorable or unfavorable to you. If you are a Class
member and do not wish to remain a member of the Class, you must
take steps to exclude yourself from the Class.
If you timely and validly request to be excluded from the Class,
you will not be bound by any orders or judgments in the Action, and
you will not be eligible to receive a share of any money which
might be recovered in the future for the benefit of the Class. To
exclude yourself from the Class, you must submit a written request
for exclusion by mail or email postmarked or received no later than
June 9, 2026, in accordance with the instructions set forth in the
Notice. Your request for exclusion must be signed. If you request
exclusion via email, an e-signature is acceptable. Pursuant to Rule
23(e)(4), the Court has discretion as to whether a second
opportunity to request exclusion from the Class will be allowed if
there is a settlement in the Action.
Moreover, if you are a Class member and you wish to object to
Plaintiffs' preliminarily granted motion to voluntarily dismiss the
Section 12(a)(2) claims and Underwriter Defendants from the Action
without prejudice, you must do so by no later than June 9, 2026, in
accordance with the instructions set forth in the Notice.
Further information regarding the Action may be obtained by
contacting the Administrator or by visiting the website,
www.NateraSecuritiesAction.com.
Please Do Not Call or Write the Court with Questions.
DATED: March 13, 2026
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
NATIONAL OILWELL VARCO: Patch Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against National Oilwell
Varco, L.P. The case is styled as Guy Patch, individually and on
behalf of all others similarly situated v. National Oilwell Varco,
L.P., Mike Pensinger, Case No. 26STCV11856 (Cal. Super. Ct., Los
Angeles Cty., April 13, 2026).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
National Oilwell Varco LP (NOV) -- https://www.nov.com/ --
manufactures and distributes mechanical components and integrated
systems.[BN]
The Plaintiff is represented by:
Joseph Tojarieh, Esq.
STONEBROOK LAW
10250 Constellation Blvd, Ste 2300
Los Angeles, CA 90067-6251
Phone: 310-553-5533
Fax: 310-553-5536
Email: jft@stonebrooklaw.com
NBCUNIVERSAL MEDIA: Website Uses Tracking Technologies, White Says
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AUSTIN WHITE, on behalf of himself and all similarly situated
persons, Plaintiff v. NBCUNIVERSAL MEDIA, LLC, a Delaware limited
liability company, Defendant, Case No. 3:26-cv-03042 (N.D. Cal.,
April 9, 2026) is a class action against the Defendant for
deploying interception technologies in its website, www.nbcnews.com
in violation of the California Invasion of Privacy Act and the
Federal Wiretap Act.
The complaint relates that the Defendant surreptitiously embeds and
operates third-party tracking technologies on the Website that
intercept the contents of users' electronic communications,
including the page URLs reflecting what users are browsing, in real
time and without notice or consent. Defendant intentionally deploys
these technologies to accomplish its commercial objectives,
including identity resolution, cross-session behavioral profiling,
audience segmentation, and the monetization of users' browsing
activity through targeted advertising and real-time bidding. As a
result, Defendant causes the interception and transmission of the
contents of users' electronic communications with the Website to
servers controlled by the Third Parties. Defendant's conduct is
intentional and coordinated, as the Trackers operate pursuant to
Defendant's deliberate configuration and are not necessary to
render the Website's core content or functionality.
The Plaintiff and the Class Members did not consent to the
installation, execution, embedding, or injection of the Trackers on
their devices and did not consent to the contents of their
communications with the Website being intercepted by third parties,
adds the complaint.
The Plaintiff and the Class seek injunctive relief, nominal
damages, and all other relief authorized by law.
Plaintiff AUSTIN WHITE was in California when he visited the
Website, which occurred on multiple occasions during the class
period including on March 17, 2026.
Defendant NBCUNIVERSAL MEDIA, LLC is one of the most-visited
digital news platforms in the United States, publishing news,
investigative reports, video content, and live event coverage
across its digital properties.[BN]
The Plaintiff is represented by:
Ross Cornell, Esq.
LAW OFFICES OF ROSS CORNELL, APC
P.O. Box 1989 #305
Big Bear Lake, CA 92315
Office: (562) 612-1708
E-mail: rc@rosscornelllaw.com
- and -
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Hwy., Suite 200
Newport Beach, CA 92663
Office: (949) 270-2798
E-mail: rnathan@nathanlawpractice.com
NORTHERN METAL: Faces Class Action Lawsuit Over Abrupt Layoffs
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Conor Wight, writing for CBS News, reports that dozens of former
employees are now suing their former bosses after they were all
abruptly laid off from a metal fabrication plant in western
Wisconsin.
David Olsen is one of those employees. He said that ownership at
Northern Metal Fab, Inc. called a meeting early March 30, where
they were told to pack their bags.
"There absolutely was no warning that the company was potentially
going belly up, that was a shock to everyone," Olsen said.
Since 1987, Northern Metal Fab, Inc. took on large metal welding
and crafting projects that Olsen said others in the area simply
couldn't handle. There had been highs and lows over the years, he
said, but he felt blindsided when his bosses told him and his
colleagues that the plant was no longer financially viable.
That was the first surprise. The second would come days later when
Olsen and others said that they did not receive their final two
weeks of pay; they claim that Northern Metal Fab, Inc. also failed
to provide them the financial equivalent for their unused vacation
days. Most alarming, Olsen said, was that they learned their
insurance was canceled as of late February despite the employees
still paying their premiums.
"We have one employee where his family actually delivered a baby in
March. Come to find out now they had no insurance to cover that,"
Olsen said. "Fifteen, 20, 25 years people have been here and
they've got nothing to show for it here at the end. This is how
they're treated."
President and co-owner John Felix declined to speak to WCCO,
directing us instead to attorney Joseph Skokan, who provided a
statement. Co-owner Jeffrey Cabson was not immediately available.
"After a thorough review of business operations and the current
economic climate, the owners of Northern Metal Fab. Inc. determined
the business was no longer financially viable. Despite their best
efforts to find alternatives, they made the difficult decision to
cease operations and seek relief through a chapter 7 bankruptcy.
The case is expected to be commenced early next week, Northern
Metal Fab. Inc. hopes that the liquidation of its business assets
will result in a quick and meaningful distribution to its employees
and other creditors," Skokan said in an email.
The class action lawsuit against Northern Metal Fab, Inc. accuses
ownership of violating both state and federal laws surrounding
failure to pay owed wages and the lack of warning ahead of the
layoffs. The state of Wisconsin confirmed that an investigator is
now looking into the latter issue; typically, a company with more
than 50 employees like Northern Metal Fab, Inc. is meant to provide
60 days' notice before a plant closure.
There was no indication on the company's website that it had shut
down. In fact, there were still multiple job openings listed with
links to apply.
Jody Olsen, David Olsen's wife, used to work at the facility in
Human Resources. She left of her own accord in 2025 and is now
working to support her husband and try to help his laid-off
colleagues find work.
"A failure is one thing, to then take advantage of employees is
another," she said. [GN]
NUTRIEN AG: Conspires to Raise Fertilizers' Prices, JS Farms Says
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JS FARMS, INC., individually and on behalf of all others similarly
situated, Plaintiff v. NUTRIEN AG SOLUTIONS, INC., et al.,
Defendants, Case No. 3:26-cv-00554 (D. Conn., April 10, 2026) is a
class action against the Defendants for violation of Sections 1 and
3 of the Sherman Act.
The case arises from the Defendants' alleged conspiracies to fix,
raise, maintain, and/or stabilize prices for nitrogen, phosphorus,
and potassium (NPK) fertilizers. According to the complaint, the
prices of these fertilizers increased dramatically throughout 2021
and 2022 as a result of the Defendants' conspiracies. The Plaintiff
and Class members paid more for NPK fertilizers than they otherwise
would have and thus suffered antitrust injury and damages due to
the Defendants' anticompetitive conduct, suit says.
JS Farms, Inc. is a farm owner and operator in Indiana.
Nutrien AG Solutions, Inc. is a wholly-owned subsidiary of Nutrien
Ltd., with its principal place of business in Loveland, Colorado.
[BN]
The Plaintiff is represented by:
Peter Cherepanov, Esq.
Patrick McGahan, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 S. Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
Email: pcherepanov@scott-scott.com
pmcgahan@scott-scott.com
- and -
Christopher M. Burke, Esq.
BURKE LLP
402 West Broadway, Suite 1890
San Diego, CA 92101
Telephone: (619) 369-8244
Email: cburke@burke.law
- and -
Vincent Briganti, Esq.
LOWEY DANNENBERG, PC
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
Email: vbriganti@lowey.com
OLLY PUBLIC: Faces Class Suit Over Gummy Products' False Ads
------------------------------------------------------------
Top Class Actions reports that plaintiff Miguel Rodriguez filed a
class action lawsuit against Olly Public Benefit Corporation.
Why: Rodriguez claims Olly's Metabolism Gummy Rings do not provide
the benefits of apple cider vinegar, as advertised.
Where: The class action lawsuit was filed in California federal
court.
A new class action lawsuit alleges Olly Public Benefit Corporation
misrepresents the benefits of its Metabolism Gummy Rings by
marketing that they contain apple cider vinegar and a component
called "mother."
According to the complaint, the "mother" is a living structure that
contains enzymes and the "good" bacteria found in unpasteurized
apple cider vinegar.
However, plaintiff Miguel Rodriguez claims the Olly metabolism
gummies contain an insignificant amount of acetic acid, the active
ingredient in apple cider vinegar, and that the manufacturing
process destroys the beneficial enzymes and bacteria that are
supposed to be present in the "mother."
Rodriguez further argues the gummies are primarily composed of
sugar, which contradicts the advertised benefits of supporting
metabolism and lean body mass.
"In direct contravention of [Olly's] label representations, the
products are principally comprised of sugar, which is responsible
for weight gain and metabolic disease -- the exact opposite effects
of the purported benefits touted on the Product labels," the Olly
class action lawsuit says.
Rodriguez wants to represent a California class of consumers who
bought the Olly Metabolism Gummy Rings within four years prior to
the filing of the complaint.
Olly Metabolism Gummy Rings allegedly contain insufficient acetic
acid
Rodriguez argues Olly's Metabolism Gummy Rings are marketed as
supporting metabolism and lean body mass, featuring prominent
labels that highlight the presence of apple cider vinegar, vitamin
B12 and chromium.
In spite of this, independent scientific testing commissioned by
his counsel found the gummies contain only 2.6% acetic acid,
falling short of the 4% required for a product to be labeled as an
apple cider vinegar product, the Olly class action lawsuit alleges.
Rodriguez claims testing also revealed each gummy contains just
7.80 mg of acetic acid, which is approximately 1% of the amount
found in a tablespoon of liquid apple cider vinegar.
"Because the products do not contain the required minimum of acetic
acid, [Olly's] label statements that they are an apple cider
vinegar product and are 'MADE WITH ACV' are false and misleading,"
the Olly class action says.
Rodriguez claims Olly is guilty of breach of express warranty and
quasi-contract, and of violating California's Unfair Competition
Law, False Advertising Law and Consumers Legal Remedies Act.
The plaintiff demands a jury trial and requests declaratory and
injunctive relief and an award of compensatory and monetary damages
for himself and all class members.
Last year, a consumer filed a separate class action lawsuit against
Olly's parent company Unilever over claims it sneakily adds junk
fees to consumers' shopping carts on Olly.com.
The plaintiff is represented by Naomi Spector of KamberLaw, LLP.
The Olly class action lawsuit is Rodriguez v. Olly Public Benefit
Corporation, Case No. 3:26-cv-02034-RBM-SBC, in the U.S. District
Court for the Southern District of California. [GN]
PARIS PRESENTS: Espinal Seeks Equal Website Access for the Blind
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FRANGIE ESPINAL, individually and on behalf of all others similarly
situated, Plaintiff v. PARIS PRESENTS INCORPORATED, Defendant, Case
No. 1:26-cv-02864 (S.D.N.Y., April 8, 2026) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.realtechniques.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Paris Presents Incorporated produces and distributes beauty tools
and accessories. The Company offers cosmetic and bath accessories,
puffs, brushes, sponges, and other cleaning products. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
PCA CENTRAL CALIFORNIA: Rhynes Suit Removed to E.D. California
--------------------------------------------------------------
The case captioned as Christopher Rhynes, an individual, on behalf
of himself and on behalf of all persons similarly situated v. PCA
CENTRAL CALIFORNIA CORRUGATED, LLC, a Limited Liability Company;
PACKAGING CORPORATION OF AMERICA, a Corporation; SACRAMENTO
CONTAINER CORPORATION, a Corporation; and DOES 1 through 50,
inclusive, Case No. 26CV003725 was removed from the Superior Court
of the State of California, County of Sacramento, to the United
States District Court for Eastern District of California on April
15, 2026, and assigned Case No. 1:26-at-01824.
The Plaintiff pleads nine causes of action, all styled as state law
claims involving violations of wage and hour provisions of the
California Labor Code and Unfair Competition Law ("UCL"). However,
the Plaintiff's claims, namely his overtime and minimum wage
claims, are preempted under Section 301 because such claims are
necessarily contractual claims under the CBA. The Plaintiff's
derivative claims for wage statement penalties under Labor Code
Section 226, waiting time penalties under Labor Code Section 203,
and restitution under the UCL are preempted under Section 301
because such claims rise or fall based on the underlying
substantive (and preempted) unpaid wage claims.[BN]
The Defendants are represented by:
Steven A. Groode, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Facsimile: 925.946.9809
Email: sgroode@littler.com
- and -
Annureet K. Bezwada, Esq.
LITTLER MENDELSON, P.C.
5200 North Palm Avenue, Suite 302
Fresno, CA 93704.2225
Phone: 559.244.7500
Facsimile: 559.244.7525
Email: abezwada@littler.com
PENDULUM THERAPEUTICS: Joseph Files Suit in Cal. Super. Ct.
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A class action lawsuit has been filed against Pendulum
Therapeutics, Inc. The case is styled as Terrel Joseph, individual
and on behalf of all others similarly situated v. Pendulum
Therapeutics, Inc., Case No. CU26-03615 (Cal. Super. Ct., Solano
Cty., April 16, 2026).
The case type is stated as "Other Tort: Business."
Pendulum Therapeutics -- https://pendulumlife.com/ -- is the
leading innovator in microbiome science, delivering research based
probiotic formulations to support metabolic health.[BN]
The Plaintiff is represented by:
James M. Treglio, Esq.
POTTER HANDY, LLP
100 Pine Street Suite 1250
San Diego, CA 92111
Phone: (415) 534-1911
Fax: (888) 422-5191
Email: jimt@potterhandy.com
PENSHURST TRADING: Suit Seeks Equal Website Access for the Blind
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TANISIA BOWMAN, individually and on behalf of all others similarly
situated, Plaintiff v. PENSHURST TRADING, INC., Defendant, Case No.
1:26-cv-03946 (N.D. Ill., April 9, 2026) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.juliska.com, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Penshurst Trading Inc. wholesales home furnishings. The Company
offers pendants, vases, linens, cookware, glassware, dinnerware.
[BN]
The Plaintiff is represented by:
Michael Ohrenberger, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N
Brooklyn, NY 11234
Office: (844) 731-3343
Direct: (716) 281-5496
Email: mohrenberger@ealg.law
PERFORMANCE SYSTEMS: Morris Suit Removed to W.D. Washington
-----------------------------------------------------------
The case captioned as Justin Morris, individually and on behalf of
all others similarly situated v. PERFORMANCE SYSTEMS INTEGRATION,
LLC and DOES 1-20, inclusive, Case No. 26-00002-08635-4 was removed
from the Superior Court of the State of Washington in and for the
County of King, to the United States District Court for Western
District of Washington on April 15, 2026, and assigned Case No.
2:26-cv-01309.
The Complaint sets forth seven causes of action against Defendant,
including: Failure to Compensate for Noncompliant Meal and Rest
Periods; Failure to Pay Minimum Wages; Failure to Pay Overtime
Wages; Accrue and Allow Use of Paid Sick Leave; Paid Sick and Safe
Time Claim Under Seattle Municipal Code 14.16; Seattle Wage Theft
Ordinance; and Noncompetition Restrictions on Low-Wage
Employees.[BN]
The Plaintiff is represented by:
Ryan Tack-Hooper, Esq.
CROSNER LEGAL, P.C.
92 Lenora Street, #179
Seattle, WA 98121
Phone: 866.276.7637
Fax: 310.510.6429
Email: ryan@crosnerlegal.com
The Defendants are represented by:
Daniel Rhim, Esq.
LITTLER MENDELSON, P.C.
One Union Square
600 University Street, Suite 3200
Seattle, WA 98101.3122
Phone: 206.623.3300
Facsimile: 206.447.6965
Email: drhim@littler.com
PLANNED BUILDING: Alvarez Sues Over Unpaid Overtime Wages
---------------------------------------------------------
Roselio Alvarez, on behalf of himself, individually, and on behalf
of all others similarly situated v. PLANNED BUILDING SERVICES,
INC., Case No. 2:26-cv-03973-WJM-MAH (D.N.J., April 15, 2026), is
brought for damages and other redress based upon willful violations
that Defendant committed of Plaintiff's rights guaranteed to him
by: the overtime provisions of the Fair Labor Standards Act
("FLSA"), the New York Labor Law ("NYLL"), N.Y. Comp. Codes R. &
Regs. ("NYCRR")
The Defendant scheduled Plaintiff to work forty-two and one-half
hours per week, over the course of five days, with what was
supposed to be a thirty-minute meal break each day, and paid
Plaintiff on an hourly basis for forty hours of work. However, in
practice, Plaintiff was only permitted to take his meal break once
per week, meaning that he worked two hours a week in excess of his
scheduled forty hours and Defendant did not pay him at all for that
time.
Additionally, Defendant routinely required Plaintiff to start his
shift early, thereby requiring him to work hours outside his
scheduled shifts, all of which were generally over forty hours in a
week, and did not pay him at all for this pre-shift work either.
Thus, Defendant failed to pay Plaintiff at any rate, let alone at
his overtime rate of one and one-half times his regular rate, for
the hours that he worked over forty in a week, in violation of the
overtime provisions of the FLSA and the NYLL, which also
constituted not paying Plaintiff all of his earned wages in a
timely manner and taking unlawful deductions from Plaintiff's
earned wages, in violation of the NYLL, says the complaint.
The Plaintiff worked for Defendant as a porter at two neighboring
residential buildings in the Bronx, New York, from October 18,
2022, until November 21, 2025.
The Defendant is a New Jersey corporation that provides building
services to residential and commercial buildings throughout the
United States.[BN]
The Plaintiff is represented by:
Anthony P. Consiglio, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 205
Garden City, NY 11530
Phone: (516) 248-5550
Fax: (516) 248-6027
QBE HOLDINGS: Faces Cook Suit Over Mismanagement of 401(k) Plan
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VELDINA COOK and TORY TUCKER, individually and on behalf of all
others similarly situated, Plaintiffs v. QBE HOLDINGS, INC., BOARD
OF DIRECTORS OF QBE HOLDINGS, INC., THE RETIREMENT INVESTMENT
COMMITTEE OF QBE HOLDINGS, INC., and JOHN DOES 1-20, Defendants,
Case No. 3:26-cv-00318 (W.D. Wis., April 10, 2026) is a class
action against the Defendants for breaches of fiduciary duty of
prudence, failure to adequately monitor other fiduciaries, and
prohibited transaction pursuant to the Employee Retirement Income
Security Act of 1974.
According to the complaint, the Defendants breached the duties they
owed to the QBE 401(k) Savings Plan, to the Plaintiffs, and to the
other participants of the Plan by failing to objectively and
adequately review the Plan's investment portfolio with due care to
ensure that each investment option was prudent, in terms of cost
and performance, and failing to control the Plan's recordkeeping
and administrative costs. As a result of the Defendants'
mismanagement of the Plan, the Plaintiffs and similarly situated
participants and beneficiaries suffered financial losses.
QBE Holdings, Inc. is an insurance company, based in Wisconsin.
[BN]
The Plaintiffs are represented by:
Mark K. Gyandoh, Esq.
James A. Maro, Esq.
CAPOZZI ADLER, PC
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Email: markg@capozziadler.com
jamesm@capozziadler.com
RED VIOLET INC: Barrow Sues Over Pervasive Compiling of Numbers
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Bradley Barrow, individually and on behalf of all others similarly
situated v. RED VIOLET, INC., Case No. 9:26-cv-80418-XXXX (S.D.
Fla., April 15, 2026), is brought against Defendant for its
pervasive practice of compiling and commercially disseminating the
cellular telephone numbers of Colorado citizens without their
explicit, affirmative consent indirect violation of Colorado's
"Prevention of Telemarketing Fraud Act" ("PTFA"), a consumer
privacy law designed to protect the privacy of Colorado citizens.
The PTFA prohibits the commercial listing of a cell phone number in
a directory without the individual's consent. The legislature found
that "widespread practice of fraudulent and deceptive commercial
telephone solicitation has caused substantial financial losses to
thousands of consumers, and, particularly, elderly, homebound, and
otherwise vulnerable consumers, and is a matter vitally affecting
the public interest."
Despite this clear statutory language, the Defendant operates a
website, www.idicore.com ("Website"), which openly collects and
lists a variety of personal information, including cell phone
numbers, without any type of consent from the individuals to whom
the phone numbers belong and pertain. The Defendant makes the
personal data, sourced from various public records and third-party
data brokers, readily available to anyone with Internet access and
who pays a membership fee. Therefore, the Defendant monetizes
personal data, including the cell phone numbers of Colorado
citizens, through its publicly accessible directory, thereby
profiting from the unauthorized disclosure of private information.
As such, Plaintiff brings this action individually and on behalf of
a class of every person in the state of Colorado whose cell phone
number was listed on Defendant's directory without required PTFA
affirmative consent within the applicable statute of limitations
period, and seeks to compel Defendant to cease its unlawful
practices and to recover statutory damages provided by the PTFA,
says the complaint.
The Plaintiff's cell phone number was listed by Defendant in its
directory, available at the Website, for a commercial purpose.
The Defendant is a data broker operating a publicly accessible
online directory at www.idcore.com.[BN]
The Plaintiff is represented by:
Steven Sukert, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW, P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 332-4200
Email: sukert@kolawyers.com
ostrow@kolawyers.com
RENTGROW INC: Doe Suit Alleges Violation of FCRA
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JANE DOE, individually and on behalf of all others similarly
situated, Plaintiff v. RENTGROW, INC., Case No. 2:26-cv-02316-KSM
(E.D. Pa., April 9, 2026) alleges violations of the Fair Credit
Reporting Act.
Rentgrow, Inc. provides resident screening services for the rental
housing industry. The Company delivers screening reports to
property owners and managers, assists consumers in obtaining their
reports, and processes disputes regarding report information. [BN]
The Plaintiff is represented by
Jamie Gullen, Esq.
David Huang, Esq.
COMMUNITY LEGAL SERVICES, INC.
1424 Chestnut Street
Philadelphia, PA 19102
Telephone: (215) 981-3700
- and -
James A. Francis, Esq.
Lauren KW Brennan, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
REV GROUP: Unified Government Suit Transferred to E.D. Wisconsin
----------------------------------------------------------------
The case styled as Unified Government of Wyandotte County and
Kansas City, Kansas, and others similarly situated v. REV GROUP,
INC.; OSHKOSH CORPORATION; PIERCE MANUFACTURING, INC.; ROSENBAUER
AMERICA, LLC; ROSENBAUER SOUTH DAKOTA, LLC; ROSENBAUER MINNESOTA,
LLC, Case No. 2:26-cv-02057 was transferred from the U.S. District
Court for the District of Kansas, to the U.S. District Court for
the Eastern District of Wisconsin on April 15, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00636-WCG to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
REV Group -- https://revgroup.com/ -- is an American manufacturer
of ambulances, buses, commercial vehicle, firefighting vehicles,
recreational vehicles and other specialty vehicles, as well as
aftermarket parts and services.[BN]
The Plaintiffs are represented by:
Sean M. Sturdivan, Esq.
Jamie Powell, Esq.
SANDERS WARREN & RUSSELL LLP
11225 College Blvd, Suite 450
Overland Park, KS 66210
Direct: (913) 234-6137
Phone: (913) 234-6100
Fax: (913) 234-6199
Email: s.sturdivan@swrllp.com
j.powell@swrllp.com
- and -
Jennifer D. Hackett, Esq.
James R. Martin, Esq.
Sabrina A. Nelson, Esq.
Noah Wolfenstein, Esq.
Desmond Sims, Esq.
ZELLE LLP
1775 Pennsylvania Avenue, NW, Suite 375
Washington, DC 20006
Phone: (202) 899-4100
Facsimile: (612) 336-9100
Email: jmartin@zellelaw.com
jhackett@zellelaw.com
snelson@zellelaw.com
nwolfenstein@zellelaw.com
dsims@zellelaw.com
- and -
Basel J. Musharbash, Esq.
Anureet Sandhu, Esq.
Domenic Powell, Esq.
ANTIMONOPOLY COUNSEL
500 Clarksville Street
P.O. Box 795
Paris, TX 75461
Phone: (903) 205-8422
Fax: (903) 347-2917
Email: basel@antimonopoly.us
anu@antimonopoly.us
domenic@antimonopoly.us
The Defendants are represented by:
Mari Grace, Esq.
Sean Stefanik, Esq.
DAVIS POLK & WARDWELL LLP
1050 17th St NW
Washington, DC 20036
Phone: (202) 962-7000
Email: mari.byrne@davispolk.com
sean.stefanik@davispolk.com
- and -
Matthew J. Salzman, Esq.
HOLLAND & HART LLP
2811 W. 66th Terrace
Mission Hills, KS 64106
Phone: (913) 558-1221
- and -
Ashley B Eickhof, Esq.
BAKER & MCKENZIE LLP
815 Connecticut Ave NW
Washington, DC 20006
Phone: (202) 923-6870
Email: ashley.eickhof@bakermckenzie.com
ROANOKE, VA: Fails to Pay Proper Wages, Sellers Alleges
-------------------------------------------------------
ANDREW SELLERS, individually and on behalf of all others similarly
situated, Plaintiff v. CITY OF ROANOKE, VIRGINIA, Defendant, Case
No. 7:26-cv-00301-RSB-CKM (W.D. Va., April 9, 2026) seeks to
recover from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Sellers was employed by the Defendant as a fire
protection employee.
Roanoke is a mountain city and hub for innovation offering a
hundred miles of paved and natural surface trails trails, parks
within walking distance. [BN]
The Plaintiff is represented by:
Thomas E. Strelka, Esq.
VIRGINIA EMPLOYMENT LAW
4227 Colonial Avenue
Roanoke, VA 24018
Telephone: (540) 283-0802
Email: thomas@vaemployment.law
ROKU INC: Faces Class Action Suit Over Defective Software Updates
-----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that a proposed class
action lawsuit alleges that Roku regularly rolls out defective
updates for its operating system software, effectively crippling
tens of thousands of smart televisions.
The 43-page false advertising lawsuit claims that although
Roku-powered smart TVs and licensed partner models are advertised
as consumer-friendly integrated smart televisions equipped with
"the #1 selling TV operating system" in the United States, the
defendant's regular Roku OS updates have rendered many televisions
"entirely unusable," or otherwise significantly degraded the
devices' performance.
The complaint alleges that the faulty Roku OS software updates at
issue are the result of "a platform which cuts corners," as Roku
has apparently failed to ensure that its software updates are free
of defects at both the testing stage and at scale. Further, the
suit says that Roku fails to take corrective action once a
defective software update is released, including adequately
informing consumers, offering compensation, or releasing updates to
patch any problems.
"Despite consumers' persistent complaints of repeated system
failures, often leaving their TVs completely inoperable, Defendants
offer no recourse," the case claims.
Roku uniformly promotes the scale and "maturity" of the Roku OS,
with reassurances that devices will be "optimized" by the ongoing
software updates and well supported for routine and long-term
household use, the filing states. Software updates are a necessary
component of Roku's business model as the digital platform would be
unable to run without addressing concerns related to security, user
experience, and support for the devices' features, the case
relays.
However, the class action lawsuit contends that official software
updates for Roku TVs -- including devices manufactured by third
parties like TCL -- are defective in that they can "brick" a
television or otherwise substantially degrade its functionality.
Per the case, the loss of functionality can "corrupt" user
experience on the Roku devices to the extent that the screen
remains blacked out, video capabilities are lost, screens flash
on/off repeatedly, and the devices are rendered unusable.
Essentially, the software updates deprive consumers of the
"fundamental purpose" of the Roku TVs, which is to reliably display
audio and video content, the filing says.
Per the suit, Roku has not disclosed to consumers that its TVs are
susceptible to faulty software updates, despite a plethora of
consumer complaints on Roku's Community Support Forum. Moreover,
when consumers share complaints with Roku or TCL, the companies
will merely direct them to a self-guided troubleshooting page, the
case explains.
Even with Roku's troubleshooting instructions, the lawsuit alleges,
many consumers are unable to successfully restore their televisions
to full functionality without investing additional time and money
for repair or replacement.
The Roku TV class action lawsuit seeks to cover all United States
residents who, from December 16, 2024 to the present, purchased
Roku TV products manufactured by Roku, Inc. or TCL, including but
not limited to the following models: Roku Select Series; Roku Plus
Series; and TCL 3/4/5/6 Series Roku TVs. [GN]
RUG PAD: Blind Users Face Barriers to Website Access, Wood Says
---------------------------------------------------------------
MICHAEL WOOD, on behalf of himself and all others similarly
situated, Plaintiffs v. Rug Pad USA LLC, Defendant, Case No.
1:26-cv-03955 (N.D. Ill., April 9, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its Website https://www.rugpadusa.com to be
fully accessible to and independently usable by Wood and other
blind or visually-impaired individuals, in violation of Wood's
rights under the Americans with Disabilities Act ("ADA").
The complaint relates that Michael Wood has made an attempt to
complete a purchase on the Website. On March 25, 2026, Wood was
searching online for rug pads with waterproof protection. During
his search, he came across the Defendant's website, Rugpadusa.com,
which offered a wide selection of custom-cut rug pads for various
floor types, including non-slip, cushioned, and eco-friendly
options. He proceeded to explore the Website with the intent to
make a purchase. However, Wood encountered multiple accessibility
barriers that prevented him from effectively navigating the Website
and completing his transaction.
As such, the Defendant discriminates, and will continue in the
future to discriminate against Wood and members of the proposed
class and subclass on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges,
advantages, accommodations and/or opportunities of the Website in
violation of the Americans with Disabilities Act and/or its
implementing regulations, says the suit.
Wood seeks a permanent injunction to cause a change in Defendant's
policies, practices, and procedures to that Defendant's 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.
Plaintiff Michael Wood is a visually-impaired and legally blind
person who requires screen-reading software to read website content
using the computer.
Defendant Rug Pad USA LLC provides consumers access to an array of
goods and services, including, the ability to purchase a range of
floor solutions for hardwood, laminate, stone, tile, carpet, and
vinyl floors, including non-slip rubbers, felt blends, memory
foams, eco-friendly options, and waterproof styles.[BN]
The Plaintiff is represented by:
Michael Ohrenberger, Esq.
4903 Avenue N
Brooklyn, NY 11234
Office: 844-731-3343
Direct: 716-281-5496
E-mail: mohrenberger@ealg.law
SACRAMENTO VALLEY: Bejgi Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Sacramento Valley
Diversified Corporation, et al. The case is styled as Negin Bejgi,
individually and on behalf of all others similarly situated v.
Sacramento Valley Diversified Corporation, Does 1-10, Case No.
26CV009496 (Cal. Super. Ct., Sacramento Cty., April 15, 2026).
The case type is stated as "Other Employment Complaint Case."
Sacramento Valley Diversified Corporation, a General Corporation,
is a business entity located in Sacramento, California.[BN]
The Plaintiff is represented by:
Allen Victor Feghali, Esq.
MOON LAW GROUP, PC
725 S Figueroa St., Ste. 3100
Los Angeles, CA 90017-5404
Phone: 213-232-3128
Fax: 213-232-3125
Email: afeghali@moonlawgroup.com
SAK CONSTRUCTION: Vaca Labor Suit Removed to E.D. Cal.
------------------------------------------------------
The case styled as ANTONIO ARIAS VACA, on behalf of all others
similarly situated, Plaintiff v. SAK CONSTRUCTION, LLC, a Missouri
limited liability company dba SAK Pipeline Infrastructure, Solve;
and DOES 1 Through 100, inclusive, Defendants, Case No.
S-CV-0057131, was removed from the Superior Court of the State of
California in and for the County of Placer to the United States
District Court for the Eastern District of California on April 10,
2026.
The District Court Clerk assigned Case No. 2:26-cv-01498-CSK to the
proceeding.
The Plaintiff brought this suit against the Defendants alleging
eight causes of action: (1) failure to pay overtime wages; (2)
failure to pay minimum wages; (3) failure to provide meal periods;
(4) failure to provide rest periods; (5) failure to pay all wages
upon termination; (6) failure to provide accurate wage statements;
(7) failure to reimburse business expenses; and (8) unfair
competition.
SAK Construction, LLC provides contracting services. The Company
offers designing, building, finishing, and carpentry services.[BN]
The Defendant is represented by:
Julie A. Marquis, Esq.
Nixson A. Murgia, Esq.
FREEMAN MATHIS & GARY, LLP
1010 B Street, Suite 400
San Rafael, CA 94901
Telephone: (415) 394-9500
Facsimile: (833) 317-0293
E-mail: jmarquis@fmglaw.com
nixson.Murgia@fmglaw.com
- and -
Dane M. Willis, Esq.
FREEMAN MATHIS & GARY, LLP
2281 Lava Ridge Court, Suite 130
Roseville, CA 95661
Telephone: (916) 472-3300
Facsimile: (833) 297-6235
E-mail: dane.willis@fmglaw.com
SAN DIEGO STATE: Agrees to Settle Athletic Class Suit for $300,000
------------------------------------------------------------------
KPBS reports that San Diego State University has agreed to pay
$300,000 to settle a class action lawsuit brought by a group of
female student-athletes who claimed the school deprived them of
equal athletic financial aid in violation of Title IX.
The settlement approved Monday, April 20, by a San Diego federal
judge ends what the plaintiffs' attorneys said was the first case
to recover class-wide damages from a school for allegedly depriving
its female athletes of equal athletic financial aid. It also
included what U.S. District Judge Todd Robinson wrote was an
"unprecedented monetary award."
In a statement, plaintiffs' lead counsel Arthur Bryant said, "These
women have made history. This is the first school to pay class-wide
damages to female athletes for discriminating against them in
violation of Title IX. But it sure won't be the last."
Among the settlement terms are an agreement from SDSU to ensure
Title IX compliance by the end of the 2026-27 academic year, hire
an outside expert to conduct a gender equity review, and develop a
gender equity plan.
SDSU maintained that the school did not violate Title IX and noted
the judge did not make any determination regarding which side had
prevailed in the case.
"The settlement expressly states that any payments are
non-precedential and are not an agreement that student-athletes are
entitled to damages," the school's statement said. "SDSU does not
discriminate against its female student-athletes. Its funding level
for women's scholarships is a point of pride. The university
supports and promotes its female student-athletes, and is proud of
their accomplishments. Throughout the history of our program, our
female student-athletes have represented a wide range of sports and
are high achievers both on and off the field."
The lawsuit filed in 2022 by more than a dozen former and
then-current SDSU student-athletes alleged female athletes were
illegally denied aid, as Title IX requires schools to grant
athletic financial aid in amounts proportional to male and female
athletic participation rates.
The lawsuit claimed that 57.22% of SDSU student-athletes were
female in the 2020-21 year, so they should have received 57.22% of
the athletic financial aid awarded, but actually received 50.64%.
The plaintiffs' attorneys said this amounted to SDSU's then-305
female varsity-student athletes getting around $570,000 less than
they should have.
"This lawsuit should not have been necessary, but SDSU refused to
give women athletes the equal athletic aid, treatment and benefits
they deserve and Title IX requires," plaintiff Carina Clark, a
former track and field athlete, said in a statement released
Tuesday, April 21. [GN]
SIGNIA HOTEL: Valtierra Suit Removed to N.D. California
-------------------------------------------------------
The case captioned as Carmen Angela Valtierra, individually, and on
behalf of all others similarly situated v. SIGNIA HOTEL EMPLOYER
LLC, a Delaware limited liability company; HILTON DOMESTIC
OPERATING COMPANY INC., a Delaware corporation; and DOES 1 through
10, inclusive, Case No. 26CV488092 was removed from the Superior
Court of the State of California for the County of Santa Clara, to
the United States District Court for Northern District of
California on April 17, 2026, and assigned Case No.
5:26-cv-03200-NC.
On February 26, 2026, Plaintiff filed an unverified Class Action
Complaint against Defendant which sets forth the following eight
causes of action: failure to pay minimum wages; failure to pay
overtime compensation; failure to provide meal periods; failure to
authorize and permit rest breaks; failure to indemnify necessary
business expenses; failure to timely pay final wages at
termination; failure to provide accurate itemized wage statements;
and unfair business practices (California Business & Professions
Code).[BN]
The Defendants are represented by:
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Connie.Chen@jacksonlewis.com
- and -
Samuel J. Maselli, Esq.
Manson Tung, Esq.
JACKSON LEWIS P.C.
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Phone: (916) 341-0404
Facsimile: (916) 341-0141
Email: Samuel.Maselli@jacksonlewis.com
Manson.Tung@jacksonlewis.com
SMURFIT KAPPA: Melendez Labor Suit Removed to C.D. Calif.
---------------------------------------------------------
The case MARTA MELENDEZ, individually and on behalf of all others
similarly situated v. SMURFIT KAPPA NORTH AMERICA LLC; and DOES 1
through 10, inclusive, Case No. 25STCV27537, was removed from the
Superior Court of California, County of Los Angeles, to the United
States District Court for the Central District of California on
April 10, 2026.
The Clerk of Court for the Central District of California assigned
Case No. 2:26-cv-03878 to the proceeding.
The suit is brought against the Defendant for alleged violations of
California Labor Code.
Smurfit Kappa North America LLC is a provider of paper-based
packaging based in Texas. [BN]
The Defendant is represented by:
Nicky Jatana, Esq.
Sehreen Ladak, Esq.
Kris Khodaverdian, Esq.
JACKSON LEWIS PC
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Nicky.Jatana@jacksonlewis.com
Sehreen.Ladak@jacksonlewis.com
Kris.Khodaverdian@jacksonlewis.com
- and -
Scott P. Jang, Esq.
JACKSON LEWIS PC
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Scott.Jang@jacksonlewis.com
SPROUTS FARMERS MARKET: Washington Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Sprouts Farmers
Market, Inc., et al. The case is styled as Brandon Washington, on
behalf of himself and others similarly situated v. Sprouts Farmers
Market, Inc., SFM LLC aka Sprouts Farmers Market, Case No.
26STCV12330 (Cal. Super. Ct., Sacramento Cty., April 16, 2026).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Sprouts Farmers Market, Inc. -- https://www.sprouts.com/ -- is a
supermarket chain headquartered in Phoenix, Arizona.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI EBRAHIMIAN, LLP
8889 West Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Phone: (310) 432-0000
Email: jlavi@lelawfirm.com
STAFFDNA LLC: Block Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against StaffDNA, LLC, et al.
The case is styled as Jessica Block, on behalf of herself and
others similarly situated v. StaffDNA, LLC, DOES 1-20, inclusive,
Case No. 26CV009676 (Cal. Super. Ct., Sacramento Cty., April 16,
2026).
The case type is stated as "Other Employment Complaint Case."
StaffDNA LLC -- https://staffdna.com/ -- provides software
solutions.[BN]
The Plaintiffs are represented by:
Ashkan Shakouri, Esq.
SHAKOURI LAW FIRM
401 Wilshire Boulevard, 12th Floor
Santa Monica, CA 90401
Phone: (310) 261-2824
Email: ash@shakourilawfirm.com
STARR INSURANCE: Fails to Secure Personal Info, Bottomley Says
--------------------------------------------------------------
SHAWN BOTTOMLEY, individually and on behalf of all others similarly
situated, Plaintiff v. STARR INSURANCE INC., Defendant, Case No.
1:26-cv-00903-JPW (M.D. Pa., April 8, 2026) is a class action
lawsuit against the Defendant for its failure to properly secure
and safeguard Plaintiff's and Class Members' personally
identifiable information from criminal hackers, resulting in a
devastating data breach.
Several online sources have recently reported Defendant experienced
a data breach in or around April 2026, perpetrated by Akira
ransomware group.
The Plaintiff brings this class action lawsuit to address
Defendant's inadequate safeguarding of Class Members' private
information that it collected and maintained. The Defendant has
failed to properly monitor and implement security practices
regarding the computer network and systems that housed the private
information. Had Defendant properly monitored its networks, it
would have discovered the breach sooner or possibly prevented it
altogether, says the Plaintiff.
The Plaintiff's and Class Members' identities are now and forever
will be at risk because of Defendant's negligent conduct, as the
private information that Defendant collected and maintained is now
in the hands of data thieves and other unauthorized third parties,
the suit contends.
Starr Insurance Inc. is a full-service independent insurance agency
providing quality coverage to over 18,000 individuals and
businesses.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
E-mail: aferich@ahdootwolfson.com
- and -
Tyler Bean, Esq.
Kennedy M. Brian, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: tbean@sirillp.com
kbrian@sirillp.com
STATE FARM: Agrees to Settle Arkansas Class Action for $15.6MM
--------------------------------------------------------------
AutoBodyNews reports that how insurers calculate actual cash value
on totaled vehicles directly shapes how much work stays in
collision repair bays versus moving to salvage.
A new class settlement in Arkansas puts one specific mechanism, the
"typical negotiation adjustment" applied inside Audatex valuation
reports, on the record as legally contested. This follows a jury
verdict that already went against State Farm.
State Farm has agreed to pay $15.6 million to resolve a class
action alleging the insurer underpaid Arkansas policyholders for
totaled vehicles by using a valuation method plaintiffs argued
systematically undervalued their cars. A jury ruled in favor of
approximately 37,000 Arkansas class members in June 2025, finding
State Farm violated its contractual obligation to pay actual cash
value.
U.S. District Judge D.P. Marshall Jr. granted preliminary approval
to the settlement on March 27, according to his order in Chadwick
v. State Farm Mutual Automobile Insurance Co. The class covers
Arkansas policyholders who filed a total loss claim between Nov.
29, 2016, and Oct18, 2021, and whose payout was based on an
appraisal report from Audatex, Claims Journal reported April 20.
Policyholders will receive an average of $489 under the agreement.
State Farm denies the allegations and stopped using Audatex in
October 2021.
The repair-or-total-loss calculation
At the center of the Arkansas case is a line item called a "typical
negotiation adjustment."
According to the complaint filed by lead plaintiff Rose Chadwick in
November 2021 in the Eastern District of Arkansas, Audatex
valuation reports pulled comparable vehicles listed online and then
applied an approximately 9% downward adjustment to each one before
arriving at actual cash value. Plaintiffs argued the adjustment
does not reflect how used vehicles actually sell, where online list
prices already account for competitive shopping pressure.
Chadwick's vehicle was declared a total loss in December 2020, and
State Farm valued the claim at $4,121 using an Audatex valuation
report. The suit alleged the adjustment practice violated proper
appraisal methodology and the terms of the policyholder's
contract.
In his preliminary approval order, Marshall wrote that "the use of
the Audatex system was the common and predominant issue."
A pattern across state courts
The Arkansas settlement adds to a growing legal record on total
loss valuation methodology, with similar cases targeting different
insurers and different software platforms on the same underlying
theory.
In 2024, Progressive agreed to a $48 million settlement with a
class of 93,000 New York drivers who alleged the insurer's use of
WorkCenter Total Loss software applied an improper 6.5% "projected
sold adjustment" that systematically underpaid claims. Plaintiffs
have pursued comparable cases against insurers in Washington,
Illinois, Texas, and California, though outcomes have varied.
Two Progressive class actions in Pennsylvania failed in 2025 after
a judge ruled underpayment claims could not be proven on a
class-wide basis.
How valuations shape repair volume
For collision repair shops, the legal record matters because the
methodology carriers use to calculate actual cash value directly
affects which vehicles land on the total loss side of the line.
CCC Intelligent Solutions' Crash Course 2026 report, released in
March, found total loss frequency reached a record 23.1% in 2025,
which is a trend that continues to narrow the band of repairable
work entering shops. A final approval hearing in the Arkansas case
is scheduled for July 15, 2026. [GN]
STUDEBAKER HEALTH: Denial of Arbitration Bid in Santana Flipped
---------------------------------------------------------------
In the case, J. ASENCION SANTANA, Plaintiff and Respondent, v.
STUDEBAKER HEALTH CARE CENTER, LLC, Defendant and Appellant, Case
No. B343640 (Cal. App.), the U.S. Court of Appeals of California
for the Second District, Division Seven, reversed the order denying
Studebaker's motion to compel arbitration.
Santana began working at a skilled nursing facility in December
2020. Studebaker purchased the facility in January 2023 and became
Santana's employer. As part of its onboarding process, Studebaker
asked Santana to sign three arbitration-related agreements He did.
The first document, titled "California Mutual Dispute Resolution
Agreement" (California ADR agreement), included a mutual agreement
to resolve disputes through binding arbitration. The second
document, titled "Alternative Dispute Resolution Policy" (ADR
policy), also included a mutual agreement to submit all employment
disputes to binding arbitration. The third document, titled
"Agreement to Be Bound by Alternative Dispute Resolution Policy"
(ADR agreement), also included a mutual agreement to resolve
disputes solely through binding arbitration. Each of the three
documents also included a waiver of the right to participate in
class or collective actions (except representative actions under
PAGA).
Santana also signed a confidentiality agreement. This document
prohibited him from disclosing confidential information
or trade secrets he acquired during his employment and from
soliciting Studebaker's customers and employees for three years
following his employment termination.
Santana worked for Studebaker for approximately one year. After
leaving his employment Santana filed a wage-and-hour class action
suit against Studebaker in May 2024. He alleged causes of action
based on violations of the Labor Code: failure to pay minimum wage;
failure to pay overtime compensation; failure to provide meal
periods; failure to provide rest periods; failure to indemnify for
necessary expenditures; failure to provide accurate itemized wage
statements; failure to pay wages at the time of discharge from
employment; and a cause of action under PAGA. Santana also alleged
a cause of action under Business and Professions Code section 17200
et seq. for unfair business practices.
Studebaker filed a motion to compel arbitration of Santana's
individual claims, including his individual PAGA claim, and to
enforce the class action waiver. It argued that, because the
agreement to arbitrate included enforceable class action waivers,
the court should dismiss most of Santana's class-based
wage-and-hour claims. Regarding the causes of action based on Labor
Code violations Santana suffered individually, Studebaker argued
those causes of action fell within the scope of the agreement to
arbitrate. And regarding Santana's PAGA claim, Studebaker argued
that, because the Federal Arbitration Act (FAA) governed the
agreement to arbitrate, the court should compel arbitration of
Santana'd individual PAGA claim and stay his non-individual PAGA
claim pending the arbitration. Santana opposed.
The trial court denied the motion to compel arbitration on two
grounds. First, the court ruled there was no enforceable
agreement to arbitrate. Second, it ruled that, even if there was a
valid agreement to arbitrate, the agreement was unconscionable.
Studebaker timely appealed, arguing the trial court erred in ruling
that, because of various "conflicts" among the three
arbitration-relate documents, there was no valid agreement to
arbitrate. It also argued that the trial court erred in ruling in
the alternative the agreement to arbitrate was unconscionable and
unenforceable.
This appeal involves two such grounds: lack of mutual assent and
unconscionability.
The Second District agreed with Studebaker on both counts. It
opined that though the agreement to arbitrate contains a few
ambiguities, those ambiguities do not undermine the parties' clear
agreement to arbitrate employment-related disputes. And though the
agreement to arbitrate reflects some procedural
unconscionability—as contracts of adhesion generally do—the
agreement does not contain any substantively unconscionable terms
and is not unenforceable. Therefore, it reversed.
The order denying Studebaker's motion to compel arbitration is
reversed. The trial court is directed to enter a new
order granting the motion to compel arbitration. Studebaker is to
recover its costs on appeal.
A full-text copy of the Court's Opinion is available at
https://sl1nk.com/o1nybb6
Eisenberg & Associates, Michael B. Eisenberg --
mbe@laborlitigators.com -- Bryan W. Edgar -- bedgar@edgarlegal.com;
Joseph S. Socher -- jss@socherlaw.com -- for Defendant and
Appellant.
The Sentinel Firm, Seung Yang -- seung.yang@thesentinelfirm.com --
Tiffany Hyun -- tiffany.hyun@thesentinelfirm.com -- Jeffrey Jackson
-- jeffrey.jackson@thesentinelfirm.com -- Christine Noh; Work
Lawyers, Justin Lo and Jarrod Nakano -- jarrod@nakanolawfirm.com --
for Plaintiff and Respondent.
SUPER MICRO: Hialeah Employees' Balks at Misleading Business Info
-----------------------------------------------------------------
CITY OF HIALEAH EMPLOYEES' RETIREMENT SYSTEM, on behalf of itself
and all others similarly situated, Plaintiff, v. SUPER MICRO
COMPUTER, INC., CHARLES LIANG, DAVID WEIGAND, and YIH-SHYAN "WALLY"
LIAW, Defendants, Case No. 5:26-cv-03018 (N.D. Cal., April 8, 2026)
is a securities class action on behalf of the Plaintiff and all
persons or entities that purchased or otherwise acquired Super
Micro common stock between February 2, 2024, and March 19, 2026,
inclusive, against Super Micro and certain of the Company's senior
officers brought pursuant to the Securities Exchange Act of 1934
and Rule 10b-5, promulgated thereunder.
Throughout the Class Period, the Defendants expressly stated that
Super Micro "follows all U.S. export control requirements on the
sale and export" of Nvidia chips. Further, the Defendants
represented that sales to China accounted for around 1% of its
revenues and that its revenue growth was being driven by its
"technology and product leadership in the AI infrastructure
market." The Defendants also purported to warn that "if we fail to
comply with laws and regulations restricting dealings with
sanctioned countries or companies and/or persons on restricted
lists, we may be subject to civil or criminal penalties." As a
result of these representations, the price of Super Micro common
stock traded at artificially inflated prices throughout the Class
Period.
Allegedly, the Defendants' Class Period representations were false.
In truth, Super Micro and one of its former board members
intentionally flouted export control rules and rerouted billions of
dollars' worth of servers incorporating advanced Nvidia chips into
China in violation of U.S. law. Moreover, Super Micro's sales
growth was driven, in part, by the fact that it was illegally
selling products into the Chinese market, says the suit.
Super Micro is a technology company that designs, builds, and sells
high performance servers, data storage systems, and related
hardware used by businesses for applications such as cloud
computing, artificial intelligence, and managing large-scale data
centers.[BN]
The Plaintiff is represented by:
Jennifer L. Joost, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
One Sansome Street, Suite 1850
San Francisco, CA 94104
Telephone: (415) 400-3000
Facsimile: (415) 400-3001
E-mail: jjoost@ktmc.com
- and -
Hannah Ross, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: hannah@blbglaw.com
scott.foglietta@blbglaw.com
- and -
Robert D. Klausner, Esq.
Stuart A. Kaufman, Esq.
KLAUSNER KAUFMAN JENSEN & LEVINSON, P.A.
7080 Northwest 4th Street
Plantation, FL 33315
Telephone: (954) 916-1202
E-mail: bob@robertdklausner.com
stu@robertdklausner.com
SYNOPSYS INC: Fails to Safeguard Private Info, Waring Alleges
-------------------------------------------------------------
DIANA WARING, individually and on behalf of all others similarly
situated, Plaintiff vs. SYNOPSYS, INC., Defendant, Case No.
3:26-cv-03068 (N.D. Cal., April 9, 2026) is a class action against
the Defendant for its negligent failure to protect and safeguard
Plaintiff's and Class Members' highly sensitive personally
identifiable information ("PII") and protected health information
("PHI"), culminating in a massive and preventable data breach.
The complaint relates that as part of its business practices and to
provide services and employment, Defendant collects, stores, and
maintains employees' confidential PII and PHI, including
Plaintiff's and Class Members'. Defendant Synopsys discovered on
December 3, 2025, that it suffered a Data Breach between June 17,
2025 and December 4, 2025. The type of information accessed and
exfiltrated in the Breach includes files that contained at least
first and last names, Social Security numbers, driver's license
numbers and/or other government identification numbers, dates of
birth, addresses, email addresses, bank account numbers and/or
other financial information, and/or medical or health insurance
information ("Private Information").
The Plaintiff and Class Members have incurred and will continue to
incur damages in the form of, among other things, identity theft,
attempted identity theft, lost time and expenses mitigating harms,
increased risk of harm, damaged credit, diminution of the value of
their Private Information, loss of privacy, and other additional
damages, says the suit.
The Plaintiff brings this action individually and on behalf of the
Class, seeking compensatory damages, punitive damages, nominal
damages, restitution, injunctive and declaratory relief, reasonable
attorneys' fees and costs, and all other remedies this Court deems
just and proper.
Plaintiff Diana Waring is a former employee of Defendant and
provided her Private Information to Synopsys in exchange for
employment.
Defendant Synopsis, Inc. is an American software company that
provides electronic design automation software, semiconductor
intellectual property, and software security solutions used to
design, verify, and test advanced computer chips and electronic
systems across a variety of industries.[BN]
The Plaintiff is represented by:
Christopher Frost, Esq.
Kevin S. Dicker, Esq.
FROST LLP
10960 Wilshire Boulevard, Suite 2100
Los Angeles, California 90024
Telephone: (424) 254-0441
Facsimile: (424) 600-8504
E-mail: chris@frostllp.com
SYSCO SAN FRANCISCO: Huerta Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Sysco San Francisco,
Inc. The case is styled as Eduardo Huerta, individually and on
behalf of others similarly situated v. Sysco San Francisco, Inc.,
Case No. 26CV182196 (Cal. Super. Ct., Alameda Cty., April 14,
2026).
The case type is stated as "Other Employment Complaint Case."
Sysco SF -- https://sysco.com/en-us -- is the largest food
distributor in the market.[BN]
The Plaintiff is represented by:
Kristy R. Connolly, Esq.
PROTECTION LAW GROUP
149 Sheldon St.
El Segundo, CA 90245-3916
Phone: 424-290-3095
Email: kristy@protectionlawgroup.com
T & C OF WELLFORD: Meyer Suit Seeks Unpaid Wages for Club Dancers
-----------------------------------------------------------------
HANNAH MEYER, JORDAN CANNON, and JESSICA ALLEN, individually and on
behalf of all others similarly situated, Plaintiffs v. T & C OF
WELLFORD, LLC, D/B/A NIKITA'S PLAYROOM; TIMOTHY TREADWELL; and
LANIE TREADWELL, Defendants, Case No. 7:26-cv-01509-BHH (D.S.C.,
April 10, 2026) is a class action against the Defendants for
violations of the Fair Labor Standards Act and South Carolina
Payment of Wages Act including failure to pay minimum wages,
failure to pay overtime wages, and unlawful kick-backs.
The Plaintiffs worked for the Defendants as dancers at T & C of
Wellford's adult entertainment club in Spartanburg County, South
Carolina at any time between 2021 and 2026.
T & C of Wellford, LLC, doing business as Nikita's Playroom, is an
adult entertainment club owner and operator in Spartanburg County,
South Carolina. [BN]
The Plaintiffs are represented by:
Johanna Valenzuela, Esq.
Grant Burnette LeFever, Esq.
BURNETTE SHUTT & McDANIEL, PA
912 Lady Street, Second Floor
P.O. Box 1929
Columbia, SC 29202
Telephone: (803) 904-7920
Email: JValenzuela@burnetteshutt.law
GLeFever@burnetteshutt.law
- and -
Chad H. Gunnells, Esq.
GUNNELLS LAW FIRM
340 A. Main Street
Greenwood, SC 29646
Telephone: (864) 822-7000
Email: Chad@gunnells.law
TOTAL RENAL: Del Rosario Labor Suit Removed to N.D. Cal.
--------------------------------------------------------
The case styled ANGELO Q. DEL ROSARIO, as an individual and on
behalf of all other similarly situated, Plaintiff v. TOTAL RENAL
CARE, INC., a California corporation; DAVITA INC., a Delaware
corporation; and DOES 1-50, Inclusive, Defendants, Case No.
C26-00528, was removed from the Superior Court of California,
County of Contra Costa to the United States District Court for the
Northern District of California on April 10, 2026.
The District Court Clerk assigned Case No. 4:26-cv-03099 to the
proceeding.
The Plaintiff asserts claims against the Defendants under the
California Labor Code for unpaid minimum and overtime wages,
underpaid sick pay, underpaid meal period premiums, underpaid rest
period premiums, and failure to provide proper wage statements,
failure to reimburse necessary business-related expenses, and
failure to pay all wages due upon separation.
The Plaintiff brings these claims on behalf of individuals who
worked for the Defendants as non-exempt employees in California
since June 18, 2024.
Total Renal Care, Inc. offers health care services. [BN]
The Defendants are represented by:
Gregory W. Knopp, Esq.
Jonathan P. Slowik, Esq.
Jennifer J. McDermott, Esq.
PROSKAUER ROSE LLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Telephone: (310) 557-2900
Facsimile: (310) 557-2193
E-mail: gknopp@proskauer.com
jslowik@proskauer.com
jmcdermott@proskauer.com
UNITED HEALTH: Moe Karami Class Suit Removed to W.D. Okla.
----------------------------------------------------------
The case MOE KARAMI, D.D.S., INC., individually and on behalf of
all others similarly situated, v. UNITED HEALTH GROUP, INC., et
al., Case No. CJ-2026-237, was removed from the District Court of
Cleveland County, Oklahoma, to the United States District Court for
the Western District of Oklahoma on April 10, 2026.
The Clerk of Court for the Western District of Oklahoma assigned
Case No. 5:26-cv-00772-SLP to the proceeding.
The suit is brought against the Defendants for failure to prevent a
network outage that affects medical care payments and
reimbursements.
UnitedHealth Group Inc. is a health insurance company, with its
principal place of business in Minnesota. [BN]
The Defendants are represented by:
Courtney D. Powell, Esq.
Anthony J. Ferate, Esq.
SPENCER FANE LLP
9400 N. Broadway Ext., Suite 600
Oklahoma City, OK
Telephone: (405) 844-9900
Facsimile: (405) 844-9958
Email: cpowell@spencerfane.com
aferate@spencerfane.com
UNITED HEALTH: Odom Class Suit Removed to D. Minn.
--------------------------------------------------
The case ODOM HEALTH and WELLNESS, LAKE ACUPUNCTURE LLC, KAI SHIN
CLINIC, TWIN CITIES COUNSELING and DULUTH CHIROPRATIC CLINIC, PA,
individually and on behalf of all others similarly situated v.
UNITED HEALTH GROUP, INC., CHANGE HEALTHCARE, INC., et al., Case
No. 27-CV-26-4480, was removed from the Fourth Judicial District
Court of Hennepin County, to the United States District Court for
the District of Minnesota on April 10, 2026.
The Clerk of Court for the District of Minnesota assigned Case No.
0:26-cv-02213 to the proceeding.
The suit is brought against the Defendants for failure to prevent a
network outage that affects medical care payments and
reimbursements.
UnitedHealth Group Inc. is a health insurance company, with its
principal place of business in Minnesota.
Change Healthcare, Inc. is a healthcare technology company, with
its principal place of business is in Minnesota. [BN]
The Defendants are represented by:
Peter H. Walsh, Esq.
Alicia J. Paller, Esq.
Anthony Ufkin, Esq.
HOGAN LOVELLS US LLP
80 South Eighth Street, Suite 12255
Minneapolis, MN 55402
Telephone: (612) 402-3000
Facsimile: (612) 339-5167
Email: peter.walsh@hoganlovells.com
alicia.paller@hoganlovells.com
tony.ufkin@hoganlovells.com
UNITED STATES: Benitez Balks at Illegal Seizures, Discrimination
----------------------------------------------------------------
RENE ANTONIO BENITEZ, J.R.H.L., DARWIN GARCIA MEDRANO, H.L.A.O.,
A.M.C., HESLER ASAF GARCIA LANZA, R.C.R., and F.R.P., on behalf of
themselves and others similarly situated, and WORKERS’ CENTER OF
CENTRAL NEW YORK, Plaintiffs v. U.S. DEPARTMENT OF HOMELAND
SECURITY; MARKWAYNE MULLIN, in his official capacity as Secretary
of the U.S. Department of Homeland Security; U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT; TODD M. LYONS, in his official capacity as
Senior Official Performing the Duties of Director of U.S.
Immigration and Customs Enforcement; KENNETH GENALO, in his
official capacity as Director of Enforcement and Removal
Operations, U.S. Immigration and Customs Enforcement, New York City
Field Office; TAMMY MARICH, in her official capacity as Acting
Director of Enforcement and Removal Operations, U.S. Immigration
and Customs Enforcement, Buffalo Field Office; U.S. CUSTOMS AND
BORDER PROTECTION; RODNEY S. SCOTT, in his official capacity as
Commissioner of U.S. Customs and Border Protection; U.S. BORDER
PATROL; MICHAEL W. BANKS, in his official capacity as Chief of U.S.
Border Patrol; U.S. DEPARTMENT OF JUSTICE; TODD BLANCHE, in his
official capacity as the Acting Attorney General of the United
States; FEDERAL BUREAU OF INVESTIGATION; KASH PATEL, in his
official capacity as Director of the Federal Bureau of
Investigation; U.S. MARSHALS SERVICE; and GADYACES S. SERRALTA, in
his official capacity as Director of the United States Marshals
Service, Defendants, Case No. 2:26-cv-02082 (E.D.N.Y., April 8,
2026) is brought against the Defendants under the under the Fourth
Amendment of the United States Constitution and the Administrative
Procedure Act arising from their systematic policies and practices
of racial profiling, suspicionless stops, and warrantless arrests
without probable cause.
According to the complaint, throughout New York State, from Buffalo
to New York City and Long Island, federal agents are seizing people
outside their homes, on their way to work, while driving their
children to school, and in the parking lots of stores. The
widespread targeting of people going about their daily lives has
led many to limit their activities out of fear that they will be
next. Even citizens and those with lawful immigration status fear
that U.S. Immigration and Customs Enforcement will detain and
arrest them based on their apparent race or ethnicity. Recently
released data shows that between August 2025 and March 2026, ICE
arrested, in New York City alone, over 800 people who were not the
intended target of any enforcement operation.
This campaign violates basic constitutional and statutory
protections. Instead of targeting only those people they have
reasonable suspicion to believe are present in the United States in
violation of the immigration laws, the Defendants have broadly
sanctioned a policy and practice of stopping people, like
Plaintiffs, based solely on their perceived Latino ethnicity, in
violation of the Fourth Amendment.
Finally, Defendants' warrantless arrest policy and practice ignores
statutory and regulatory limits on their arrest authority, which
require agents to have probable cause that a person is both in the
United States unlawfully and that the person is likely to escape
before a warrant can be obtained, before making a warrantless
arrest, says the suit.
Due to his Latino ethnicity, Plaintiff Benitez asserts that he is
at significant risk of being stopped, arrested, and detained while
going about his daily life.
U.S. Department of Homeland Security is a department of the
executive branch of the United States government charged with the
administration and enforcement of the nation's immigration
laws.[BN]
The Plaintiffs are represented by:
Mark Gimbel, Esq.
Giovanni Scarcella, Esq.
Cecile Duncan, Esq.
COVINGTON & BURLING LLP
30 Hudson Yards
New York, NY 10001
Telephone: (212) 841-1000
E-mail: mgimbel@cov.com
gscarcella@cov.com
cduncan@cov.com
- and -
Jeffrey Cao, Esq.
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
Telephone: (202) 662-6000
E-mail: jcao@cov.com
- and -
Meghna Philip, Esq.
Hasan Shafiqullah, Esq.
Brian Perbix, Esq.
Evan Henley, Esq.
THE LEGAL AID SOCIETY
49 Thomas St., 10th Floor
New York, NY 10013
E-mail: mphilip@legal-aid.org
hhshafiqullah@legal-aid.org
ewhenley@legal-aid.org
bperbix@legal-aid.org
- and -
Amy Belsher, Esq.
Ifeyinwa Chikezie, Esq.
Wafa Junaid, Esq.
Molly Biklen, Esq.
NEW YORK CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, 19th Floor
New York, NY 10004
E-mail: abelsher@nyclu.org
ichikezie@nyclu.org
wjunaid@nyclu.org
mbiklen@nyclu.org
- and -
Paige Austin, Esq.
Harold Solis, Esq.
MAKE THE ROAD NEW YORK
301 Grove Street
Brooklyn, NY 11237
Telephone: (718) 418-7690
E-mail: paige.austin@maketheroadny.org
harold.solis@maketheroadny.org
VANILLA CHIP: TruHeight Does Not Promote Growth, Class Suit Claims
------------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that the maker of
TruHeight children's nutritional supplements faces a proposed class
action lawsuit that alleges the products do not promote or
accelerate growth as advertised.
The 24-page false advertising lawsuit contends that TruHeight
children's dietary supplements, marketed for kids between five and
10 years old, purport to "Help Kids Grow," with claims that the
products' formula "Supports Growth" and "Supports Bone Growth and
Development." However, the case says that the primary clinical
study to support claims for its powders, capsules and gummies
showed that children in the target age range who took the
supplements had "worse growth outcomes" than those who did not.
"In that study, children under the age of 10 who consumed no
Product at all experienced growth equal to or greater than children
who consumed Defendant's supplement," the complaint summarizes,
noting that TruHeight "omits these material facts from its
advertising."
Per the filing, defendant Vanilla Chip LLC's allegedly false
claims about the effectiveness of its TruHeight supplements are
based on a six-month clinical study that evaluated the height
differences in children between the ages of four and 17. The case
explains that the study used a height standard deviation score
(SDS) that compared a child's height to the average for other
children of the same age and sex, which would reveal any
"meaningful increase" in a child's growth from the supplements.
The lawsuit alleges that the clinical study, which is referenced
repeatedly on the TruHeight website and product pages, was riddled
with issues, namely that it covered an "unusually broad" range of
ages spanning "multiple developmental stages," which is critical
given that the product is supposedly geared toward kids five to 10.
Furthermore, the study had no proper control group, as children who
were not given the supplement continued with their non-standardized
"usual diet," which the case insists introduced "significant
expectation and reporting bias."
Notably, results from the clinical study showed that children
taking TruHeight supplements demonstrated "no statistically
significant increase" in growth compared to children who did not.
In fact, children who did not take TruHeight supplements had a
height SDS of +0.10, while those who did had a height SDS of +0.09,
the lawsuit says. "Incredibly," the case continues, control group
children under the age of 10 grew more in "raw centimeters," adding
a combined total of 3.33 centimeters to their height compared to
3.14 centimeters from the test group who consumed the TruHeight
supplements.
"The study therefore does not merely fail to substantiate [Vanilla
Chip's] growth claims for younger children; it associated the
product with inferior growth outcomes relative to ordinary diet
alone in that age group," the lawsuit reads.
Furthermore, the TruHeight website includes a section titled "Other
Relevant Studies," which features ostensible scientific evidence to
support claims that the growth enhancement supplements perform as
advertised, the lawsuit says. However, the suit drills down into
the studies, saying that none of them were conducted with or on
TruHeight products.
The class action lawsuit accuses Vanilla Chip of selectively using
the studies to create an "inferential chain" supporting the
purported efficacy of its products.
"[E]ach source establishes a genuine but general scientific
proposition, and [Vanilla Chip] asks consumers to chain those
propositions together to reach a conclusion that no cited study
ever reaches," the lawsuit contends.
According to the case, Vanilla Chip "sponsored, funded, and
controlled" the clinical study on TruHeight supplements'
effectiveness and had "direct access" to information that
demonstrated the products were not associated with any meaningful
growth increase for children ages five to 10.
Per the complaint, TruHeight's website and marketing materials
"prominently displayed" a claim that "[i]n a clinical study kids
who took TruHeight grew 32.63% more than those who didn't" until
public scrutiny led to the company removing the representation.
TruHeight then substituted a claim that said that children taking
the supplements experienced 43.91 percent higher levels of Collagen
X, a "surrogate biomarker" that is "not a direct measure of height
or growth," the lawsuit says.
"Defendant's removal of the '32.63% more growth' claim following
public scrutiny of its marketing practices, and its replacement
with a different but equally misleading metric, demonstrates
Defendant's awareness that its growth claims are false and
unsupportable, and evidences consciousness of the wrongful nature
of its conduct," the lawsuit charges.
The case says there is no legitimate evidence to suggest the
advertising claims that TruHeight supplements have any impact on a
child's growth.
The TruHeight class action lawsuit seeks to cover all consumers who
purchased TruHeight products in the United States during the class
period. [GN]
VEGAMOUR LLC: Ford Files Suit Over Blind-Inaccessible Website
-------------------------------------------------------------
SANDRA FORD, on behalf of herself and all others similarly
situated, Plaintiffs v. Vegamour, LLC, Defendant, Case No.
1:26-cv-3952 (N.D. Ill., April 9, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its Website https://vegamour.com/ to be fully
accessible to and independently usable by Ford and other blind or
visually-impaired individuals, in violation of Ford’s rights
under the Americans with Disabilities Act ("ADA").
The complaint relates that Ford has made an attempt to complete a
purchase on the Website. On March 25, 2026, Ford was searching
online for hair health products. During her search, she found the
Defendant’s Website, Vegamour.com, which ranked among the top
search results. To learn more about the company, Ford reviewed
customer feedback praising the company's plant-based hair care
offerings and the effectiveness of its clean ingredients. Thus, she
decided to explore the products presented by the company. While
navigating the available products, she became interested in the
GRO+ Advanced Balancing Conditioner and attempted to purchase it.
However, Ford encountered multiple accessibility barriers that
prevented her from completing the transaction.
The Website thus contains access barriers that deny full and equal
access to Ford, who would otherwise use the Website and who would
otherwise be able to fully and equally enjoy the benefits and
services of the Website in Illinois State and throughout the United
States. As such, Defendant discriminates, and will continue in the
future to discriminate against Ford and members of the proposed
class and subclass on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges,
advantages, accommodations and/or opportunities of the Website,
says the suit.
Ford seeks a permanent injunction to cause a change in
Defendant’s policies, practices, and procedures to that
Defendant’s 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.
Plaintiff Sandra Ford is a visually-impaired and legally blind
person who requires screen-reading software to read website content
using the computer.
Defendant Vegamour, LLC provides to the public the Website, which
provides consumers access to an array of goods and services,
including, the ability to purchase various hair care and wellness
products, such as serums, shampoos, conditioners, supplements,
dermarollers, and scalp massagers.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N,
Brooklyn, NY 11234
Office: 844-731-3343
Direct: 929-442-2154
E-mail: Achan@ealg.law
WEST VIRGINIA: Denial of Class Certification Bid in Bryant Affirmed
-------------------------------------------------------------------
In the case, SHEREE N. BRYANT, Plaintiff Below, Petitioner, v. WEST
VIRGINIA HIGHER EDUCATION POLICY COMMISSION, Defendant Below,
Respondent, Case No. 25-ICA-239 (W. Va. App.), the Intermediate
Court of Appeals of West Virginia affirmed the Circuit Court of
Kanawha County's August 17, 2023, order dismissing Counts I, II,
and IV of Bryant's complaint against Respondent West Virginia
Higher Education Policy Commission and denying the request for
class certification made in the complaint, and its May 12, 2025,
final order.
Bryant was employed with the Commission and initiated a hostile
work environment grievance in 2022. During discovery in that
proceeding, she was provided with several surveillance camera
videos taken in the hallway of the office where she worked that
depicted her interacting with her supervisor. Each of the videos
included audio recordings. Before she received the videos, Bryant
was allegedly unaware that the Commission's video surveillance was
also recording audio and was allegedly upset that her conversations
were being recorded.
In October 2022, Bryant filed this action against the Commission
related to recording audio of its employees and other people in the
Commission's building. In the complaint, she alleged claims for
violations of West Virginia Code Section 62-1D-12 (1987) of West
Virginia's Wiretapping and Electronic Surveillance Act, invasion of
privacy, hostile work environment and sexual harassment, negligent
infliction of emotional distress ("NIED"), and intentional
infliction of emotional distress
("Outrage").
Under Rule 23 of the West Virginia Rules of Civil Procedure, Bryant
sought to certify the following proposed class as it relates to the
Wiretap Act, invasion of privacy, NIED, and Outrage claims: "All
current and former employees of West Virginia Higher Education
Policy Commission on and after April 1, 2019, who worked in the
building located 1018 Kanawha Boulevard East, Charleston, West
Virginia 25703 where video surveillance cameras recorded
activity."
The complaint did not specify the number of employees affected by
the Commission's surveillance recordings but alleges that the
putative class is so numerous that joinder of all members is
impractical. It complaint further alleged that she will fairly and
adequately protect the interests of the class; that there are no
known conflicts of interest between her and members of the class;
that her claims under Counts I, II, and IV, are typical of the
putative class and based on the same legal and factual theories;
and that a class action is a superior method for the fair and
efficient adjudication of these claims.
The Commission filed a motion to dismiss pursuant to Rule 12(b)(6)
of the West Virginia Rules of Civil Procedure requesting denial of
the class certification and dismissal of the Wiretap Act claim, the
invasion of privacy claim, and the NIED claim. The parties briefed
the motion to dismiss and submitted proposed orders to the circuit
court.
In its August 17, 2023, order, the circuit court denied the request
for class certification. Further, the circuit court dismissed the
Wiretap Act claim, the invasion of privacy claim, and the NIED
claim for failing to state claims against the Commission. The
parties litigated the remaining hostile work environment and sexual
harassment and Outrage claims set forth in Counts III and V of the
complaint until Bryant voluntarily dismissed these claims, which
the circuit court confirmed in its final order entered May 12,
2025. Bryant's appeal of the circuit court's final order and the
August 17, 2023, order followed.
In her first assignment of error, Bryant asserted that the circuit
court abused its discretion in denying her request for class
certification. She argued that under West Virginia's notice
pleading standards, she alleged facts sufficient to satisfy the
prerequisites to certify a class pursuant to Rule 23(a). The Court
of Appeals disagreed. It concluded that Bryant did not make
sufficient factual allegations in the complaint to satisfy the four
prerequisites provided in Rule 23(a).
Bryant next contended that the circuit court erred in dismissing
the Wiretap Act claim, arguing that the Commission is a "person"
under the Wiretap Act and that she sufficiently alleged that she
reasonably expected her oral communications to be private. The
Court of Appeals found no error in the circuit court's conclusion
that the Commission is not subject to the terms of the Wiretap Act
because the state, nor its agencies, including the Commission, are
included in the statutory definition of "person."
In her third assignment of error, Bryant asserted that the circuit
court erred in concluding that she did not adequately plead an
invasion of privacy claim. Again, the Court of Appeals found no
error in the circuit court's conclusion that Bryant failed to
adequately plead a claim for invasion of privacy. While she claimed
that she had a reasonable expectation of privacy, the facts alleged
in her complaint did not reasonably justify that expectation.
Lastly, Bryant asserted that the circuit court erred in concluding
that she did not adequately plead a claim for negligent infliction
of emotional distress. The Court of Appeals disagreed. It found no
error in the circuit court concluding that she did not sufficiently
plead a claim for negligent infliction of emotional distress.
For these reasons, the Court of Appeals found no substantial
question of law and no prejudicial error. Hence, a memorandum
decision affirming the circuit court's August 17, 2023, order is
appropriate under Rule 21 of the West Virginia Rules of Appellate
Procedure.
A full-text copy of the Court's Memorandum Decision is available at
https://l1nq.com/wjq02bs
YELLOW DOG: Website Inaccessible to Blind Users, Bennett Says
-------------------------------------------------------------
LIVINGSTON BENNETT, on behalf of himself and all others similarly
situated, Plaintiffs v. Yellow Dog Flyfishing L.L.C., Defendant,
Case No. 1:26-cv-03961 (N.D. Ill., April 9, 2026) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its Website
https://www.yellowdogflyfishing.com to be fully accessible to and
independently usable by Bennett and other blind or
visually-impaired individuals, in violation of Bennett's rights
under the Americans with Disabilities Act ("ADA").
The complaint relates that Bennett has made an attempt to complete
a purchase on the Website. On December 15, 2025, while searching
online for fishing gear, he discovered the Defendant's Website,
Yellowdogflyfishing.com which features high-quality fly-fishing
equipment, apparel, and travel equipment. While exploring the
website, Bennett wanted to purchase a fishing net for a more
convenient and more comfortable fishing process. However, while
browsing the website, he encountered many accessibility issues.
The Website thus contains access barriers that deny full and equal
access to Bennett, who would otherwise use the Website and who
would otherwise be able to fully and equally enjoy the benefits and
services of the Website in Illinois State and throughout the United
States. As such, Defendant discriminates, and will continue in the
future to discriminate against Bennett and members of the proposed
class and subclass on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges,
advantages, accommodations and/or opportunities of the Website,
says the suit.
Bennett seeks a permanent injunction to cause a change in
Defendant's policies, practices, and procedures to that Defendant's
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.
Plaintiff Livingston Bennett is a visually-impaired and legally
blind person who requires screen-reading software to read website
content using the computer.
Defendant Yellow Dog Flyfishing L.L.C. is a leading fly-fishing
travel and outfitting company that helps anglers book guided
freshwater and saltwater fly-fishing trips around the world.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
4903 Avenue N,
Brooklyn, NY 11234
Office: 844-731-3343
Direct: 929-442-2154
E-mail: Achan@ealg.law
ZUFFA LLC: Johnson Files Bid to Transfer Suit, Compel Subpoena
--------------------------------------------------------------
The plaintiffs in the class action styled as KAJAN JOHNSON,
CLARENCE DOLLAWAY, and TRISTAN CONNELLY, on behalf of themselves
and all others similarly situated, Plaintiffs v. FIRST ROUND
MANAGEMENT, LLC, Defendant, Case No. 1:26-mc-22389 (S.D. Fla.),
filed a motion for an order in the underlying class action
captioned Johnson et al. v. Zuffa LLC, et al., Case No.
2:21-cv-01189-RFB-BNW (D. Nev.), granting transfer of Plaintiffs'
motion to compel First Round Management's subpoena compliance to
the United States District Court for the District of Nevada
pursuant to Federal Rule of Civil Procedure 45(f), or in the
alternative to compel FRM to comply with the subpoena issued in the
Nevada Court on January 16, 2025.
The underlying action is a class action alleging that Zuffa, LLC,
d/b/a Ultimate Fighting Championship or UFC, has unlawfully
obtained market power in the mixed martial arts industry, which it
exploits to suppress compensation for Plaintiffs and similarly
situated MMA fighters, in violation of Section 2 the Sherman Act.
The Plaintiffs moved the Court for: (1) an Order transferring this
motion to the District of Nevada, Judge Richard F. Boulware
presiding, ("Underlying Court"), to manage this dispute in the
context of multiple related and ongoing discovery proceedings,
including a finding of spoliation by the defendants related to
documents and communications sought by Plaintiffs' subpoena and a
court order granting a motion to compel relating to an identical
subpoena, as well as additional circumstances warranting transfer
under Fed. R. Civ. P. 45(f); or, in the alternative, (2) an Order
compelling FRM to produce documents responsive to Requests 5
through 11 of a subpoena issued by the Underlying Court and served
on FRM on January 16, 2025, under Rule 45(d)(2)(B)(i). Fed. R. Civ.
P. 45(f) & 45(d)(2)(B)(i).
First Round Management, LLC is a sports management agency that
represents professional MMA fighters, many of whom fight for the
UFC or other MMA promoters.[BN]
The Plaintiffs are represented by:
Benjamin J. Widlanski, Esq.
KOZYAK TROPIN THROCKMORTON, LLP
2525 Ponce de Leon Boulevard, 9th Floor
Miami, FL 33134
Telephone: (305) 372-1800
Facsimile: (305) 372-3508
E-mail: bwidlanski@kttlaw.com
- and -
Joseph R. Saveri, Esq.
Christopher K.L. Young, Esq.
Kevin E. Rayhill, Esq.
Itak Moradi, Esq.
T. Brent Jordan, Esq.
SAVERI LAW FIRM, LLP
550 California Street, Suite 910
San Francisco, CA 94104
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
cyoung@saverilawfirm.com
krayhill@saverilawfirm.com
imoradi@saverilawfirm.com
tbjordan@saverilawfirm.com
*********
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