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C L A S S A C T I O N R E P O R T E R
Tuesday, June 2, 2026, Vol. 28, No. 109
Headlines
3COMMAS TECHNOLOGIES: Class Certification Filing Due Oct. 4, 2027
7-ELEVEN INC: Parra-Ochoa Sues to Recover Unpaid Wages
ABV GROUP INC: Anderson Sues Over Blind-Inaccessible Website
ACADEMIA INC: Appeals Denied Arbitration Bid in Singh Judge Suit
AEROPRESS INC: Vaughn Sues Over Blind-Inaccessible Website
ALCON LABORATORIES: Khan Files Suit in E.D. New York
AMERICAN AIRCRAFT PRODUCTS: Zavala Files Suit in Cal. Super. Ct.
AUDIBLE INC: Seeks to Keep Class Cert Opposition Under Seal
AVALONBAY COMMUNITIES: Vickers Sues Over Toxic Synthetic Fragrance
AVENUE5 RESIDENTIAL: Bids for Class Certification Due August 17
BANK OF AMERICA: Arbitration Order in Performance Jet Suit Affirmed
BANNER CAPITAL: Plaintiffs Win Bid to Consolidate Cases
BISSELL HOMECARE: Martin Files Suit in N.D. Illinois
BLUE CROSS: Seeks Leave to File Opposition Surreply
BLUE ENTERPRISES: Fulfs Files Suit in E.D. Missouri
BLUE ENTERPRISES: Grimes Files Suit in E.D. Missouri
BMO BANK NATIONAL: Chavez Suit Removed to E.D. California
BRIAN ENGLISH: Gonzalez Petition for Writ of Habeas Corpus Tossed
BURGESS INFORMATION: Barnes Suit Removed to S.D. Ohio
BURGESS INFORMATION: Bradford Suit Removed to N.D. Georgia
BURGESS INFORMATION: Brooks Suit Removed to S.D. Illinois
CAMELBACK: Whittington TCPA Suit Transferred to D. Arizona
CAPRI HOLDINGS: Faces Securities Suits in D. Del.
CENTENE CORPORATION: Bid for Class Cert. in Sampson Due Dec. 18
CENTURION OF DELAWARE: Class Cert Bid Filing Due June 28
CLUB DEMONSTRATION: Westbrook Sues to Recover Unpaid Wages
COMPASS GROUP: Bid to Reconsider April 9 Order Partly OK'd
COSTAR REALTY: Divens Suit Removed to W.D. Washington
CRASH CHAMPIONS: Parties Must File Amended Joint Status Report
CREDIT PROS: Guadian Suit Removed to W.D. Texas
CREDIT SUISSE: Plaintiff Loses Bid to File Proposed SAC
CREDO LEGAL: Salaiz Suit Seeks Rule 23 Class Certification
CUSHMAN & WAKEFIELD: Class Cert Hearing Continued to July 28
DIGNITY HEALTH: Class Cert Bids in Walker Suit Due July 1
DOG6 LLC: Tamm Suit Removed to W.D. Washington
DR. JUDY MORGAN'S: Vaughn Sues Over Blind-Inaccessible Website
EBENEZER INDUSTRIES: Hamati FLSA Action Gets Conditional Status
EDWARD P. ROMAINE: ILIOU Family Files Suit in N.Y. Sup. Ct.
EL ORO CATTLE: Garcia Suit Removed to E.D. Washington
ELARA CARING PCS: Bennett Sues Over Data Security Incident
EXACT CARE PHARMACY: Depue Files TCPA Suit in N.D. Ohio
F & J PINE: Bruno Seeks Conditional Cert of FLSA Collective Action
FARMERS INSURANCE: Class Certification in Stewart Suit Flipped
FASHION NOVA: Richards Appeals Court Order to 7th Circuit
FINE GAUGE INC: Walker Sues Over Blind-Inaccessible Website
GEORGIA HERITAGE: Babbit Files Suit in Ga. Super. Ct.
GUARDIAN INDUSTRIES: Class Cert Opposition Filing Due July 13
HF FOODS: Krawitz Files Suit Over DGCL Violation
HSBC BANK: Class Cert Bid Filing in Cruz Suit Due Oct. 15
HUNTSVILLE UTILITIES: Bantam Building Sues Over Conspiracy
HUTTIG INC: Martinez Suit Removed to E.D. California
ICON PLC: Faces Consolidated Suit in New York
INSTRUCTURE INC: Bonham Sues Over Data Breach
JARED HOY: Court Stays Discovery and Case Deadlines
JEFFERSON COUNTY, WI: Class Cert Filing Due April 16, 2027
JOHN PAUL MITCHELL: Howell Suit Transferred to N.D. California
KEEFE GROUP: Hernandez Suit Removed to C.D. California
KING COUNTY, WA: Rogers Seeks Rule 23 Class Certification.
KNOWBE4 INC: Seeks to Impound Confidential Exhibits
L.A. SUPERIOR COURT: Preemptive Writ of Mandate in Smith Partly OKd
LANDRY'S INC: Campos Sues Over Breach of Consumer Trust
LEE UNIVERSITY: Settlement Deal in Harris Gets Prelim Approval
LENDIO INC: Jackson Files Suit in N.Y. Sup. Ct.
LHASALING FEN: Zamacona Sues Over Unpaid Minimum, Overtime Wages
LIBERTY MUTUAL: Seeks Leave to Supplement Record in Ward Suit
LINCOLN HOLDINGS: Johnson Files Suit in D. Columbia
LIVEPERSON INC: Seeks Dismissal of Damri Second Amended Complaint
LOUISIANA: Appeals Class Cert. Order in Humphrey Suit to 5th Cir.
LPC SURVIVAL: Class Cert Bid Filing Continued to Sept. 9
LUME DEODORANT: Moon Suit Removed to C.D. California
M&D NY RESTAURANT: Bernal Sues Over Unpaid Minimum Wages
MARRIOTT INTERNATIONAL: Gresham Appeals Judgment in Salazar Suit
MARRIOTT RESORTS: Garcia Suit Removed to N.D. California
MARSHFIELD CLINIC: Class Cert Bid Filing Due June 11, 2027
MARSHFIELD CLINIC: Class Cert. Bids in Frank Due June 11, 2027
MASSACHUSETTS: Parties in Green Suit Must Submit Status Report
MDL 1917: Decertification of IPP and DPP Classes Sought
MENESES LAW: Acosta Sues Over Scheme to Defraud Immigrants
MERCHANT CAPITAL: Summ. Judgment Against Ohana Counterclaim Upheld
MOBIUSPAY INC: Flexsenal Seeks Class Certification
MONDAY.COM LTD: Scott+Scott Named Lead Counsel in Securities Suit
MONDELEZ INTERNATIONAL: Qutami Suit Removed to C.D. California
MONTANA: Johnson Suit Removed to D. Montana
NEXTGEN LEADS LLC: Rivera Files TCPA Suit in S.D. California
O. MUSTAD & SON: Bennett Sues Over Blind-Inaccessible Website
OPTUMRX INC: Appeals Arbitration & Class Cert. Order in Lackie Suit
OSHKOSH CORP: Fullerton Suit Transferred to E.D. Wisconsin
PERFECT MOVING: NY Court Enforces Arbitration Despite FAA Exemption
PHOENIX EDUCATION: Bronstin Files TCPA Suit in D. Arizona
PHOENIX, AZ: Wins Partial Bid to Dismiss Herrera Suit
PROFUSION COSMETICS: Meade Suit Removed to W.D. Washington
PRUDENTIAL INSURANCE: Krall Suit Removed to W.D. Pennsylvania
QUICK AID LLC: Loehr Files TCPA Suit in M.D. Florida
RAD BRANDS INC: Booker Sues Over Blind-Inaccessible Website
REDFIN CORPORATION: Cacas Suit Removed to N.D. California
ROBINSON HOOVER: Dismissal of Ross FDCPA-MRCPA Class Suit Reversed
RUMI'S KITCHEN: Ruiz Seeks Conditional Certification of FLSA Class
SEMTECH CORP: Faces Consolidated Securities Suit
SETON HALL UNIVERSITY: Keeperman Suit Removed to D. New Jersey
SG GLASS WAREHOUSE: Cruz Files Suit in Cal. Super. Ct.
SHEIN DISTRIBUTION: Richards Appeals Suit Dismissal to 7th Circuit
SIG SAUER INC: Wins Dismissal in Red Dot Sight Injury Suit
SMITH COLLEGE: Diaz Suit Removed to D. Massachusetts
T-MOBILE USA: Riley Sues Over Failure to Compensate Overtime Hours
TACO BUENO RESTAURANTS: Wilson Files TCPA Suit in N.D. Texas
TASKUS USA: Lopez Sues to Recover Unpaid Overtime Wages Owed
TGCG HOLDINGS LLC: Brito Sues Over Inaccessible Property
THACHER RESTAURANT: Bradley Suit Removed to W.D. Washington
THINKIFIC LABS INC: Wainwright Files Suit in Cal. Super. Ct.
THOMAS L. CARDELLA: Pope Sues to Recover Unpaid Overtime Wages
TIMESHARES DIRECT: Parties Must Comply with M.D. Florida's Rules
TIMKEN COMPANY: McCurry Sues Over Failure to Pay Overtime Wages
ULTA SALON: Appeals Remand Order in Mulanena Suit to 4th Circuit
UNIFIED MARKETING: Gerdts Files TCPA Suit in E.D. California
UNION STATION HOMELESS: Gooden Files Suit in Cal. Super. Ct.
UNITED PARCEL SERVICE: Semrau Files Suit in N.D. Georgia
UNITEDHEALTH GROUP: E5 Therapy Suit Removed to E.D. California
UNITEDHEALTH GROUP: Johnson Suit Removed to E.D. Louisiana
UNITEDHEALTH GROUP: K. Sasse Suit Removed to D. Nevada
UNIVERSAL INTERMODAL: Ghanadan Suit Removed to N.D. California
UPBOOST FUNDING: Christ Files TCPA Suit in D. South Carolina
US BANK NATIONAL: Crabb Suit Removed to W.D. Washington
VINEYARD VINES: Deceptive Email Suit Remanded to State Court
WALMART INC: Pineda Suit Removed to C.D. California
WASHINGTON DC: Plaintiffs' Class Certification Bid Due July 16
WASHINGTON: Butler Files Suit in W.D. Washington
WEST POINT: Civilian Professors Win Speech Injunction
WESTERN STATES ENVELOPE: Hopfer Sues Over Unpaid Overtime Wages
WHITE DUCK OUTDOORS: Youngren Sues Over Blind-Inaccessible Website
XERCIZE STUDIO: Civil Standing Order Entered
YAVAPAI COUNTY, AZ: Longnecker Suit Removed to D. Arizona
YOUR QUICK OFFER: Blasie TCPA Suit Removed to S.D. Florida
ZILLION CONCEPTS: Howard Sues Over Unpaid Minimum, Overtime Wages
*********
3COMMAS TECHNOLOGIES: Class Certification Filing Due Oct. 4, 2027
-----------------------------------------------------------------
In the class action lawsuit captioned as CHARLES FREEMAN, TIGRAN
MELKONYAN, ARI SHOFET, SHAWN MALL, BENJAMIN FERRIS, BRYAN CHAPMAN,
NANDAN ARORA, SHAFIQ RAJANI, VIJAY CHRISTOPHER, MARC ASHBY, VINCENT
VAN BUSKIRK, LAWRENCE MANICKAM, and EDMUNDO PENA individually and
on behalf of all others similarly situated, v. 3COMMAS TECHNOLOGIES
OU, an Estonian Private Limited Company, Case No. 3:23-cv-00101-RFL
(N.D. Cal.), the Hon. Judge Lin entered AMENDED JOINT PROPOSED CASE
SCHEDULE as follows :
Event Deadline
The Plaintiff shall file a second amended June 19, 2026
complaint:
The Defendant shall file its motion to July 17, 2026
dismiss on grounds of forum non conveniens:
The Plaintiffs shall file their opposition Aug. 17, 2026
to the Defendant's forum non conveniens
motion:
The Defendant shall file its reply on Aug. 31, 2026
its forum non conveniens motion:
Hearing on the Defendant's forum non Sept. 15, 2026,
conveniens motion: at 10:00 AM
In the event the Court has not granted Oct. 19, 2026
the Defendant's forum non conveniens
motion by October 15, 2026, and the
Defendant believes that a Rule 12(b)(6)
motion is warranted, the Defendant shall
file any such motion:
Initial expert disclosures for class Aug. 6, 2027
certification:
Rebuttal expert disclosures for class Sept. 3, 2027
certification:
The Plaintiff shall file its motion for Oct. 4, 2027
class certification:
The Defendant provides technology that enables the use of the
buy-and-hold strategy and the automatic trading approach
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=uAkGvb at no extra
charge.[CC]
The Plaintiffs are represented by:
Thiago M. Coelho, Esq.
Jesenia A. Martinez, Esq.
WILSHIRE LAW FIRM, PLC
660 S. Figueroa Street Sky Lobby,
Los Angeles, CA 90017
Telephone: (213) 329-7576
The Defendant is represented by:
Daniel T. Rockey, Esq.
Jennifer L. D'Addabbo, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4070
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-mail: daniel.rockey@bclplaw.com
Jennifer.daddabbo@bclplaw.com
7-ELEVEN INC: Parra-Ochoa Sues to Recover Unpaid Wages
------------------------------------------------------
Valeria Parra-Ochoa, on behalf of herself and all other aggrieved
employees, and the general public v. 7-ELEVEN, INC., a Texas
Corporation; 7-ELEVEN, LLC, a California Corporation; and DOES 1
through 50, inclusive, Case No. 26STCV15405 (Cal. Super. Ct., Los
Angeles Cty., May 14, 2026), is brought against the Defendants for
alleged violations of the Labor Codes to recover unpaid wages.
The Plaintiff alleges that Defendants have failed to provide
Plaintiff and all other similarly situated individuals with meal
periods; failed to provide them with rest periods; failed to pay
them premium wages for missed meal and/or rest periods; failed to
pay them at least minimum wage for all hours worked; failed to pay
them overtime wages at the correct rate; failed to pay them for all
vested vacation pay; failed to reimburse them for all necessary
business expenses; failed to provide them with accurate written
wage statements; and failed to pay them all of their final wages
following separation of employment, says the complaint.
The Plaintiff worked for Defendants as an hourly, non-exempt
employee from April 14, 2023 through June 24, 2025.
The Defendant is a Texas Stock Corporation doing business in the
State of California.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
Farrah Grant, Esq.
SETAREH LAW GROUP
420 N. Camden Drive, Suite 100
Beverly Hills, CA 90210
Phone (310) 888-7771
Facsimile (310) 888-0109
Email: shaun@setarehlaw.com
thomas@setarehlaw.com
farrah@setarehlaw.com
ABV GROUP INC: Anderson Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Lisa Anderson, on behalf of herself and all others similarly
situated v. ABV Group, Inc., Case No. 1:26-cv-05707 (N.D. Ill., May
15, 2026), is brought against Defendant for its failure to design,
construct, maintain, and operate its Website https://numehair.com/
(hereinafter "Website" or "the Website") to be fully accessible to
and independently usable by Wood and other blind or
visually-impaired individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. The Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a range of gardening and food growing products,
including vegetable and herb seeds, live plants, garden starter
kits, irrigation systems, watering tools, fertilizers, soil
amendments, pest control solutions.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP PLLC
4903 Avenue N
Brooklyn, NY 11234
Phone: 844-731-3343
Direct: 718-554-0237
Email: mohrenberger@ealg.law
ACADEMIA INC: Appeals Denied Arbitration Bid in Singh Judge Suit
----------------------------------------------------------------
ACADEMIA, INC. is taking an appeal from a court order denying its
motion to compel arbitration, or alternatively, to dismiss and/or
strike and granting in part the Plaintiff's motion for protective
order in the lawsuit entitled Rajbir Singh Judge, individually and
on behalf of all others similarly situated, Plaintiff, v. Academia,
Inc., Defendant, Case No. 4:25-cv-05857-AMO, in the U.S. District
Court for the Northern District of California.
As previously reported in the Class Action Reporter, the Plaintiff
brings this case against the Defendant for allegedly
misappropriating his name in advertisements for Academia's Mentions
service.
On Sept. 22, 2025, the Plaintiff filed a motion for protective
order.
On Oct. 17, 2025, the Defendant filed a motion to compel
arbitration, or alternatively, to dismiss and/or strike.
On May 7, 2026, Judge Araceli Martinez-Olguin entered an Order
denying the Defendant's motion to compel arbitration, or
alternatively, to dismiss and/or strike and granting in part and
denying in part the Plaintiff's motion for protective order.
In sum, the Plaintiff's motion for a protective order is granted in
part insofar as Academia cannot rely on the Terms of Use changes to
retrospectively limit putative class members' claims in this case.
It is otherwise denied.
The appellate case is styled as Singh Judge v. Academia, Inc., Case
No. 26-3169, in the United States Court of Appeals for the Ninth
Circuit, filed on May 18, 2026.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on May 26,
2026;
-- Appellant's Appeal Transcript Order was due on May 26, 2026;
-- Appellant's Appeal Transcript is due on June 25, 2026;
-- Appellant's Opening Brief is due on August 4, 2026; and
-- Appellee's Answering Brief is due on September 3, 2026. [BN]
Plaintiff-Appellee RAJBIR SINGH JUDGE, individually and on behalf
of others similarly situated, is represented by:
Yaman Salahi, Esq.
SALAHI, PC
505 Montgomery Street, 11th Floor
San Francisco, CA 94111
Defendant-Appellant ACADEMIA, INC. is represented by:
Shon Morgan, Esq.
John Wall Baumann, Esq.
Dakota Skyler Speas, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
AEROPRESS INC: Vaughn Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Kendrick Vaughn, on behalf of himself and all others similarly
situated v. Aeropress, Inc., Case No. 1:26-cv-05708 (N.D. Ill., May
15, 2026), is brought against Defendant for its failure to design,
construct, maintain, and operate its Website https://aeropress.com
(hereinafter "Website" or "the Website") to be fully accessible to
and independently usable by the Plaintiff and other blind or
visually-impaired individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is legally visually impaired and a member of a
protected class under the ADA.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a selection of coffee brewing products,
including coffee makers, filters, accessories, and portable brewing
kits.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP PLLC
4903 Avenue N
Brooklyn, NY 11234
Phone: 844-731-3343
Direct: 718-554-0237
Email: mohrenberger@ealg.law
ALCON LABORATORIES: Khan Files Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Alcon Laboratories,
Inc., et al. The case is styled as Bibi Khan, individually and on
behalf of all others similarly situated v. Alcon Laboratories,
Inc., Alcon Research, LLC, Case No. 2:26-cv-02900 (E.D.N.Y., May
14, 2026).
The nature of suit is stated as Other P.I. for Contract Dispute.
Alcon -- https://www.alcon.com/ -- is the global leader in eye
care, dedicated to helping people see brilliantly.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Rd Ste 347
Carle Place, NY 11514
Phone: 516-873-9550
Fax: 516-747-5024
Email: bcohen@leedsbrownlaw.com
AMERICAN AIRCRAFT PRODUCTS: Zavala Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against American Aircraft
Products, Inc. The case is styled as Esteban Zavala, individually,
and on behalf of all others similarly situated v. American Aircraft
Products, Inc., Case No. 26STCV15527 (Cal. Super. Ct., Los Angeles
Cty., May 14, 2026).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
American Aircraft Products, Inc. --
https://www.americanaircraft.com/ -- has served commercial and
government customers in the areas of sheet metal, forming,
fabrication, and assembly.[BN]
The Plaintiff is represented by:
Seung L. Yang, Esq.
THE SENTINEL FIRM, APC
355 S. Grand Ave., Suite 1450
Los Angeles, California 90071
Phone: (213) 985-1150
Fax: (213) 985-2155
Email: seung.yang@thesentinelfirm.com
AUDIBLE INC: Seeks to Keep Class Cert Opposition Under Seal
-----------------------------------------------------------
In the class action lawsuit captioned as JONATHON HOLLIS, JEFFREY
BILLINGS, OLGA VOLSKAYA, a.k.a. ALANA VOLSKAYA, and COLLEEN MITCHEL
individually and on behalf of all others similarly situated, v.
AUDIBLE, INC., Case No. 2:24-cv-01999-TL (W.D. Wash.), the
Defendant asks the Court to enter an order maintaining under seal
limited portions of Audible's opposition to the Plaintiffs' motion
for class certification.
Compelling reasons support Audible's narrowly tailored redactions
because the Opposition contains non-public, confidential, and
commercially sensitive information, the disclosure of which would
cause Audible unfair commercial and financial harm.
The proposed redactions do not prevent the public from
understanding the substance of the issues in dispute or the
parties' arguments, and there is no less restrictive alternative to
the relief Audible seeks. The Court should therefore grant
Audible's motion to seal.
The Defendant sells audiobooks online.
A copy of the Defendant's motion dated May 22, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dPeoqs at no extra
charge.[CC]
The Defendant is represented by:
Melanie L. Mayer, Esq.
Jedediah Wakefield, Esq.
Charles E. Moulins, Esq.
Cortnay Cymrot, Esq.
Justine Vandermel, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (650) 938-5200
E-mail: mmayer@fenwick.com
jwakefield@fenwick.com
cmoulins@fenwick.com
ccymrot@fenwick.com
justine.vandermel@fenwick.com
AVALONBAY COMMUNITIES: Vickers Sues Over Toxic Synthetic Fragrance
------------------------------------------------------------------
Monica Vickers, individually, and on behalf of all others similarly
situated v. AVALONBAY COMMUNITIES, INC. and AVALON AT MISSION BAY
III, L.P., Case No. 3:26-cv-04645 (N.D. Cal., May 15, 2026), is
brought against Defendants seeking remedies for Defendant's
practice of employing toxic doses of Synthetic fragranced consumer
products at Defendant's Facilities--despite Defendant's knowledge
of the realities and the discriminatory effect of these practices.
Even beyond the 26.8% of adults who already suffer from
asthma/asthma like conditions, or the 27.5% (and growing) of adult
Americans who suffer from Chemical Sensitivity, there is rapidly
growing concern of the harmful and disabling effects of exposure to
Synthetic fragranced consumer products. For most businesses wishing
to introduce Synthetic fragranced consumer products into their
common areas' ambient air, a multitude of vendors offer scent
dispersion machines ("SDMs") and air supply tubes—either as
portable/standalone SDMs and/or ones which can be integrated with
the businesses' HVAC system, so as to atomize and deliver a steady
stream of toxic compounds across the entire or pre-selected zone(s)
within those businesses' facilities.
The Defendant claims to offer lodging facilities to the general
public, including Representative Plaintiff, and markets its
facilities as being available equally to all members of that
public, and yet, engages in practices that prohibit a substantial
segment of that public (i.e., chemically sensitive disabled
individuals) from the same benefits and opportunities of those
facilities afforded to other individuals. Despite actual or
constructive knowledge of the toxic properties of Synthetic
fragranced consumer products, Defendant flooded its common and
private areas with said products, thereby showering unsuspecting
customers, employees, guests and/or patrons with substances known
to cause respiratory problems, headaches, skin irritation, and
adverse gastrointestinal, cardiovascular and cognitive reactions.
The Plaintiff asserts Defendant had, and continues to have, a
consistent policy of releasing Synthetic fragranced consumer
products upon individuals as they enter Defendant's Facilities.
Indeed, by the time these unsuspecting customers, employees, guests
and/or patrons are aware of the pervasive scents/toxins, it is
simply too late: the toxins are ingested, have landed upon the
skin, have entered the lungs and, thus, entered these victims'
bloodstreams and targeted various organs/systems, says the
complaint.
The Plaintiff suffers and continues to suffer from chemical
sensitivities and, when exposed to fragrance.
AvalonBay Communities, Inc. is "a leading multifamily real estate
investment trust (REIT) focused on developing, redeveloping,
acquiring, and managing distinctive communities in select U.S.
markets."[BN]
The Plaintiff is represented by:
Scott Edward Cole, Esq.
Laura G. Van Note, Esq.
Mark T. Freeman, Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607
Phone: (510) 891-9800
Facsimile: (510) 891-7030
Email: sec@colevannote.com
lvn@colevannote.com
mtf@colevannote.com
AVENUE5 RESIDENTIAL: Bids for Class Certification Due August 17
---------------------------------------------------------------
In the class action lawsuit captioned as KIMBERLY SEGURA, on behalf
of herself and all others similarly situated, v. AVENUE5
RESIDENTIAL, LLC, a Delaware limited liability company, Case No.
1:24-cv-01577-DDD-NRN (D. Colo.), the Hon. Judge N. Reid Neureiter
entered an order lifting the stay issued on Feb. 17, 2026.
The discovery deadlines are certification briefing schedules are
revised as follows:
-- Deadline to serve written discovery: June 1, 2026
-- Deadline for completion of fact and expert discovery: July 17,
2026
-- Motions for class certification: Aug. 17, 2026
-- Opposition to motion for class certification: Sept. 7, 2026
-- Reply in further support of motion for class certification:
Sept. 28, 2026
The Court further orders that the Plaintiff is given leave to serve
discovery related to five non-Montane properties on or before June
1, 2026.
The Defendant is a multifamily and single-family property
management services firm.
A copy of the Court's order dated May 19, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=p3rsq4 at no extra
charge.[CC]
BANK OF AMERICA: Arbitration Order in Performance Jet Suit Affirmed
-------------------------------------------------------------------
In the case, PERFORMANCE JET SKIS, LLC; WORLDWIDEWEBBSOLUTIONS,
LLC; A&F LOGISTICS, LLC, individually and on behalf of all others
similarly situated, Plaintiffs-Appellants, v. BANK OF AMERICA,
N.A., Defendant-Appellee, Case No. 25-2438 (9th Cir.), the U.S.
Court of Appeals for the Ninth Circuit affirmed the district
court's order granting BANA's motion to compel arbitration and
denying the Plaintiffs' motion to compel judicial reference.
Plaintiffs-Appellants are three California businesses. They each
have business accounts with Defendant-Appellee BANA, and filed a
class action challenging BANA's practice of charging various
overdraft fees. Each Plaintiff signed BANA's standard Deposit
Agreement, which includes a section titled "How Claims on Business
Accounts will be Resolved." These Dispute Resolution Provisions
provide three options for resolving claims, subject to certain
circumstances: arbitration, a bench trial, or judicial reference.
The latter option is a special procedure in California, wherein a
court-appointed referee resolves the case, while the court retains
judicial oversight over the decision.
The appeal concerns the threshold question of which procedural
resolution pathway applies under the Deposit Agreement. After BANA
removed the case from California state court to federal court, it
moved to compel arbitration. The Plaintiffs subsequently moved to
compel judicial reference. The district court granted BANA's motion
and denied the Plaintiffs' motion, reasoning that the contract
language was not ambiguous and that the Plaintiffs' interpretation
of the Dispute Resolution Provisions, which permitted them to move
to compel judicial reference after BANA invoked the right to
arbitrate, was unreasonable. Accordingly, the district court held
that the agreement compels only one result: that either party has
the right to compel arbitration.
The question before the Ninth Circuit on appeal was whether the
district court erred in finding no ambiguity in the contract and,
likewise, adopting BANA's interpretation such that the parties can
only invoke judicial reference in the absence of arbitration.
The parties offered two alternative interpretations of the Dispute
Resolution Provisions. The Plaintiffs argued that judicial
reference is an exception to both arbitration and a bench trial.
Alternatively, asserting that their reading is at least plausible,
they contended that the contract is ambiguous and should therefore
be construed against BANA as the drafter.
In contrast, BANA maintained that the contract is unambiguous. It
reasoned that compelling arbitration is a "right" that each party
holds under the Deposit Agreement, and therefore, judicial
reference can only be compelled if neither party exercises its
right to compel arbitration.
Giving effect to the Dispute Resolution Provisions as a whole, the
Ninth Circuit found that they are not ambiguous and that BANA's
proffered interpretation is the most natural reading. It agreed
with BANA's interpretation, finding that the limiting clause marks
a natural break between the right to arbitrate and the other two
judicial resolution pathways. For one, California courts have the
general rule that if a general and specific provision are
inconsistent, the specific provision will control. The specific
provision—here, the limiting clause—would thus control the more
general judicial reference exception that follows. Second, giving
effect to the language as written, the arbitration provision in the
Dispute Resolution Provisions is styled as a "right." As written,
and as the parties agreed to, the "right" to compel arbitration
stands apart from the other procedural resolution pathways. For
these reasons, the district court's order is affirmed.
A full-text copy of the Court's Memorandum is available at
https://l1nq.com/nh71fry
BANNER CAPITAL: Plaintiffs Win Bid to Consolidate Cases
-------------------------------------------------------
In the class action lawsuit captioned as JASON BROWN, Individually,
and on Behalf of All Others Similarly Situated; v. BANNER CAPITAL
BANK, Case No. 7:26-cv-05008-JFB-RCC (D. Neb.), the Hon. Judge Ryan
C. Carson entered an order that:
1. The Plaintiffs' motion to consolidate cases and to appoint
interim co-lead counsel is granted.
2. The above-captioned cases are consolidated for all purposes.
The court designates Case No. 7:26-cv-5007, as the "Lead
Case" and Case Nos 7:26cv5008 and 8:26cv118, as "Member
Cases." The Lead Case will proceed under the new title "In Re
Banner Capital Bank Data Privacy Litigation."
3. The Plaintiffs shall have 30 days from the entry of this
Order to file a consolidated amended complaint in the lead
case. The deadline for the Defendant to file an answer or
other responsive pleading to the consolidated amended
complaint shall be 30-days after the consolidated amended
complaint is filed.
4. Laura Van Note of Cole & Van Note, Carl V. Malmstrom of Wolf
Haldenstein Adler Freeman & Herz LLC, and Leigh S. Montgomery
of Ellzey Kherkher Sanford Montgomery LLP are appointed as
interim co-lead counsel pursuant to Federal Rule of Civil
Procedure 23(g)(3).
The Defendant provides products and services including saving and
fixed deposits, personal and commercial loan, and credit cards.
A copy of the Court's order dated May 19, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hFVUPy at no extra
charge.[CC]
BISSELL HOMECARE: Martin Files Suit in N.D. Illinois
----------------------------------------------------
A class action lawsuit has been filed against Bissell Homecare Inc.
The case is styled as Wendy Martin, on behalf of herself and all
others similarly situated v. Bissell Homecare Inc., Case No.
1:26-cv-05615 (N.D. Ill., May 14, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Bissell Homecare, Inc. -- https://www.bissell.com/ -- manufactures
household vacuum cleaners and cleaning products.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Rd Ste 347
Carle Place, NY 11514
Phone: 516-873-9550
Fax: 516-747-5024
Email: bcohen@leedsbrownlaw.com
BLUE CROSS: Seeks Leave to File Opposition Surreply
---------------------------------------------------
In the class action lawsuit captioned as JOHNNY C. RUTHERFORD, JR.
and MARY RUTHERFORD, v. HEALTH CARE SERVICE CORPORATION, A Mutual
Legal Reserve Company, doing business in Montana as Blue Cross and
Blue Shield of Montana ("BCBSMT"), and MONTANA UNIVERSITY SYSTEM,
Case No. 6:24-cv-00081-BMM (D. Mont.), the Defendants ask the Court
to enter an order granting them leave to file a surreply in further
opposition to the Plaintiff Johnny Rutherford's motion for class
certification.
A surreply is warranted to allow BCBSMT the opportunity to address
new evidence Rutherford submitted with his reply brief.
Specifically, Rutherford submitted the Second Declaration of Yvonne
Hencley with his reply brief. BCBSMT requests leave of Court to
file the proposed surreply, attached as Exhibit A, to address the
new evidence, which both contradicts Ms. Hencley's deposition
testimony and provides further support for why this case is
unsuitable for class certification. A surreply is proper under
these circumstances because BCBSMT has had no prior opportunity to
address this evidence that was introduced for the first time in
this case as an attachment to Rutherford's reply brief.
Health Care is a member-owned health insurance company in the
United States.
A copy of the Defendant's motion dated May 20, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=S18ZQW at no extra
charge.[CC]
The Plaintiffs are represented by:
John Morrison, Esq.
Scott Peterson, Esq.
MORRISON, SHERWOOD, WILSON & DEOLA, PLLP
401 N. Last Chance Gulch St.
Helena, MT 59601
Telephone: (406) 442-3261
E-mail: john@mswdlaw.com
The Defendants are represented by:
Daniel J. Auerbach, Esq.
Christy S. McCann, Esq.
BROWNING, KALECZYC, BERRY & HOVEN, P.C.
201 West Railroad Street, Suite 300
Missoula, MT 59802
Telephone: (406) 728-1694
E-mail: daniel@bkbh.com
christy@bkbh.com
- and -
Martin J. Bishop, Esq.
Robert C. Deegan, Esq.
Tracy A. Roman, Esq.
Elizabeth Parr Hecker, Esq.
Emily T. Kuwahara, Esq.
CROWELL & MORING LLP
300 N. LaSalle Drive, Suite 2500
Chicago, IL 60654
Telephone: (312) 321-4200
E-mail: mbishop@crowell.com
rdeegan@crowell.com
troman@crowell.com
ehecker@crowell.com
ekuwahara@crowell.com
BLUE ENTERPRISES: Fulfs Files Suit in E.D. Missouri
---------------------------------------------------
A class action lawsuit has been filed against Blue Enterprises,
LLC. The case is styled as Christopher Fulfs, on behalf of himself
and all others similarly situated v. Blue Enterprises doing
business as: Hogan Transport, Inc., LLC, Case No. 4:26-cv-00755-SEP
(E.D. Mo., May 14, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Blue Enterprises doing business as Hogan Transports, Inc. --
https://hogan1.com/ -- operates as a trucking company.[BN]
The Plaintiffs are represented by:
Casondra R. Turner, Esq.
MILBERG, PLLC
260 Peachtree Street NW, Suite 2200
Atlanta, GA 30303
Phone: (866) 252-0878
Email: cturner@milberg.com
BLUE ENTERPRISES: Grimes Files Suit in E.D. Missouri
----------------------------------------------------
A class action lawsuit has been filed against Blue Enterprises,
LLC. The case is styled as Aaron Grimes, on behalf of himself and
all others similarly situated v. Blue Enterprises, LLC also known
as: Hogan Transports, Inc., Case No. 4:26-cv-00760-SEP (E.D. Mo.,
May 15, 2026).
The nature of suit is stated as Other P.I. for Breach of Contract.
Blue Enterprises doing business as Hogan Transports, Inc. --
https://hogan1.com/ -- operates as a trucking company.[BN]
The Plaintiff is represented by:
Maureen M. Brady, Esq.
MCSHANE & BRADY LLC
4006 Central Street
Kansas City, MO 64111
Phone: (816) 888-8010
Email: mbrady@mcshanebradylaw.com
BMO BANK NATIONAL: Chavez Suit Removed to E.D. California
---------------------------------------------------------
The case captioned as Daniela Chavez, an individual, and on behalf
of all others similarly situated v. BMO BANK NATIONAL ASSOCIATION;
and DOES 1 through 20 inclusive, Case No. 26CUB01006 was removed
from the Superior Court of California for the County of Kern, to
the United States District Court for Eastern District of California
on May 15, 2026, and assigned Case No. 1:26-cv-03759-CDB.
The Complaint asserts causes of action on a class-wide basis for:
Failure to pay wages for all hours worked at minimum wage in
violation of Labor Code sections 1194, 1194.2, and 1197; Failure to
pay overtime wages for daily overtime worked in violation of Labor
Code sections 510, 1194, and 1198; Failure to authorize or permit
meal periods in violation of Labor Code sections 512 and 226.7;
Failure to authorize and permit rest periods in violation of Labor
Code sections 512 and 226.7; Failure to reimburse business expenses
in violation of Labor Code sections 2800 and 2802; Failure to
provide accurate itemized wage statements in violation of Labor
Code section 226; Failure to timely pay all earned wages due at
time of separation of employment in violation of Labor Code
sections 201, 202, and 203; and Unfair business practices in
violation of Business and Professions Code sections 17200.[BN]
The Defendants are represented by:
Andrew R. Livingston, Esq.
Rachel Capler, Esq.
Rizelle J. Dizon, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Phone: +1 415 773 5700
Facsimile: +1 415 773 5759
Email: alivingston@orrick.com
rcapler@orrick.com
rdizon@orrick.com
BRIAN ENGLISH: Gonzalez Petition for Writ of Habeas Corpus Tossed
-----------------------------------------------------------------
In the class action lawsuit captioned as JULIO JORGE GONZALEZ,
Petitioner, v. BRIAN ENGLISH, Case No. 3:26-cv-00424-DRL-SJF (N.D.
Ind.), the Hon. Judge Damon R. Leichty entered an order:
(1) Denying the petition for a writ of habeas corpus, except to
find that Julio Jorge Gonzalez must be classified under 8
U.S.C. section 1226(a), including for purposes of any
custody redetermination; and
(2) Directing the clerk to enter final judgment and to close
this case.
The district judge's decision vacating Hurtado is thus unlikely to
change the outcome of a custody redetermination motion filed by an
individual like Mr. Gonzalez, who is outside of California.
The appropriate remedy is to put the ball in his court to file a
motion for custody redetermination in his pending removal
proceedings, with the benefit of a finding from the court that he
is not categorically ineligible for bond under 8 U.S.C. section
1225(b)(2).
The court likewise must deny immediate release because Mr. Gonzalez
has not met his burden of showing his current detention unlawful
under section 1226.
Mr. Gonzalez is a citizen of Cuba who arrived at the Florida Keys
in 1980. He was immediately detained by United States Border Patrol
and later paroled into the country. In October 2025, he was taken
into custody by United States Immigration and Customs Enforcement
(ICE) in Wisconsin pursuant to an administrative warrant and served
with a notice to appear in immigration court. He is detained at
Miami Correctional Facility pending the outcome of his removal
proceedings.
A copy of the Court's opinion and order dated May 22, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=u83OJN
at no extra charge.[CC]
BURGESS INFORMATION: Barnes Suit Removed to S.D. Ohio
-----------------------------------------------------
The case captioned as Marvin Barnes, Ricky Duett, Dempsey
Dejanette, Shane White and others similarly situated v. Cincinnati
Metropolitan Housing Authority, Touchstone Property Services Inc.,
and Park Eden Evanston, LLC, Case No. A2602499 was removed from the
Circuit Court, Twentieth Judicial Circuit, St. Clair County,
Illinois, to the United States District Court for Southern District
of Ohio on May 15, 2026, and assigned Case No. 1:26-cv-00485-JPH.
The Plaintiffs also assert state law claims against Defendants for
violation of the Due Course of Law Clause of the Ohio Constitution
(Count III); the Ohio Landlord Tenant Act, RC 5321.01, et seq.
(Counts IV, V and VI); breach of contract (Count VII); and, breach
of implied contract/unjust enrichment (Count VIII), for which this
court has supplemental jurisdiction.[BN]
The Plaintiff is represented by:
Pierre H. Bergeron, Esq.
Paul M. De Marco, Esq.
Isabell C. DeMarco, Esq.
119 E. Court Street, Suite 530
Cincinnati, OH 45202
Email: pbergeron@msdlegal.com
jdemarco@msdlegal.com
The Defendants are represented by:
Jeffrey C. Mando, Esq.
Daniel E. Linneman, Esq.
ADAMS LAW, PLLC
40 West Pike Street
Covington, KY 41011
Phone: 859.394.6200
Fax: 859.392.7200
Email: jmando@adamsattorneys.com
dlinneman@adamsattorneys.com
BURGESS INFORMATION: Bradford Suit Removed to N.D. Georgia
----------------------------------------------------------
The case captioned as Michael Bradford, individually and on behalf
of all others similarly situated v. BURGESS INFORMATION SYSTEMS,
INC. d/b/a PROCARE RX and MC-21 LLC d/b/a MC-RX, Case No.
2026-cv-000602 was removed from the Superior Court of Hall County
in the State of Georgia, to the United States District Court for
Northern District of Georgia on May 13, 2026, and assigned Case No.
2:26-cv-00152-RWS.
This action arises out of an alleged data security incident (the
"Incident") pursuant to which Plaintiff alleges Defendants failed
to safeguard the personally identifiable information ("PII") and
protected health information ("PHI") of Plaintiff and a putative
class defined to be "all individuals in the United States who had
Private Information impacted as a result of the Data Breach" (the
"Class").[BN]
The Defendants are represented by:
Alexander M. Chemers, Esq.
Austin J. Freeman, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: zander.chemers@ogletree.com
austin.freeman@ogletree.com
BURGESS INFORMATION: Brooks Suit Removed to S.D. Illinois
---------------------------------------------------------
The case captioned as Landon Brooks, individually and on behalf of
all others similarly situated v. ILLINOIS-AMERICAN WATER COMPANY,
Case No. 2026LA000344 was removed from the Circuit Court, Twentieth
Judicial Circuit, St. Clair County, Illinois, to the United States
District Court for Southern District of Illinois on May 14, 2026,
and assigned Case No. 3:26-cv-00650.
The Plaintiff alleges that drinking water provided in certain
"Illinois-American Water Company ("IAWC") service regions across
Illinois" is "contaminated" because the water "exceeds" U.S.
Environmental Protection Agency ("EPA") "health advisory levels and
proposed regulatory limits" for PFAS.[BN]
The Plaintiff is represented by:
Carson C. Menges, Esq.
MENGES LAW FIRM
6400 W. Main St., Ste 1G
Belleville, IL 62223
Email: cmenges@mengesfirm.com
- and -
Fletcher Trammel, Esq.
TRAMMEL PC
3262 Westheimer Rd., #423
Houston, TX 77098
Email: fletch@trammellpc.com
- and -
Robert W. Cowan, Esq.
Aaron M. Heckaman, Esq.
Hayden Wyatt, Esq.
BAILEY COWAN HECKAMAN PLLC
1360 Post Oak Blvd., Ste 2300
Email: rcowan@bchlaw.com
aheckaman@bchlaw.com
hwyatt@bchlaw.com
The Defendants are represented by:
Carl J. Pesce, Esq.
Carl L. Rowley, Esq.
Robert J. Wagner, Esq.
THOMPSON COBURN LLP
One US Bank Plaza
St. Louis, MO 63101
Phone: (314) 552 6000
Fax: (314) 552 7000
Email: cpesce@thompsoncoburn.com
crowley@thompsoncoburn.com
rwagner@thompsoncoburn.com
- and -
Kenneth J. Giacobbe, Esq.
THOMPSON COBURN LLP
1405 N. Green Mount Road, Suite 300
O'Fallon, IL 62269
Phone: (618) 680-4200
Fax: (618) 236-3434
Email: kgiacobbe@thompsoncoburn.com
CAMELBACK: Whittington TCPA Suit Transferred to D. Arizona
----------------------------------------------------------
The case captioned as Jason Whittington, individually and on behalf
of all other similarly situated v. Camelback Administrative Group
Incorporated, Case No. 4:26-cv-00009 was transferred from the U.S.
District Court for the District of Utah to the U.S. District Court
for the District of Arizona on May 14, 2026.
The District Court Clerk assigned Case No. 2:26-cv-03394-ROS to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Camelback Administrative Group Incorporated --
https://www.camelbackadmin.com/ -- is an administrative and
management company primarily operating within the home and auto
service contract (warranty) industry.[BN]
The Plaintiff is represented by:
Rachel Elizabeth Kaufman, Esq.
KAUFMAN PA
237 S Dixie Hwy, 4th Fl
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
- and -
Matthew J Morrison, Esq.
MORRISON LAW OFFICE
1887 N 270 E
Orem, UT 84057
Phone: (801) 845-2581
The Defendants are represented by:
Jeffrey Gilbert, Esq.
Hector A. Chichoni, Esq.
GREENSPOON MARDER LLP - MIAMI, FL
600 Brickell Ave., Ste. 3600
Miami, FL 33131
Phone: (305) 789-2761
CAPRI HOLDINGS: Faces Securities Suits in D. Del.
-------------------------------------------------
Capri Holdings Ltd. disclosed in its annual report on Form 10-K,
for the period ending March 28, 2026, dated and delivered to the
Securities and Exchange Commission on May 27, 2026, that it is
facing actions alleging violations of the federal securities laws
in connection with statements about the previously proposed merger
with Tapestry, Inc. and the Federal Trade Commission's action to
enjoin that merger.
Two purported shareholders of Capri filed putative securities class
action complaints on December 23, 2024 and January 28, 2025 in the
United States District Court for the District of Delaware against
Capri, Tapestry, and certain of their officers, including John D.
Idol, Capri's Chairman and Chief Executive Officer, and Thomas J.
Edwards, Jr., Capri's former Chief Financial and Chief Operating
Officer. These complaints alleged violations of the federal
securities laws based on certain statements by defendants
concerning the previously proposed merger and the FTC's action to
enjoin the merger. The court appointed the lead plaintiff on March
7, 2025, and on May 15, 2025, the lead plaintiff filed the
consolidated securities law complaint.
The latter sought to bring federal securities claims on behalf of a
class of all persons who purchased Capri stock and sold Capri puts
between August 10, 2023 and October 24, 2024. On March 31, 2026,
the court granted Capri's motion to dismiss it without prejudice.
On April 30, 2026, plaintiffs filed the first amended complaint,
and this litigation remains pending.
Capri Holdings Ltd. is a global fashion luxury group that owns the
Versace, Jimmy Choo and Michael Kors brands. The company designs,
markets and distributes premium apparel, footwear and accessories
through a worldwide retail and wholesale network.
CENTENE CORPORATION: Bid for Class Cert. in Sampson Due Dec. 18
---------------------------------------------------------------
In the class action lawsuit captioned as MONA SAMUEL SAMPSON AND
ORLANDO SAMUEL, personal representative of the Estate of HARRY
SAMUEL, individually and on behalf of others similarly situated, v.
CENTENE CORPORATION, CENTURION OF DELAWARE LLC, VITALCORE HEALTH
STRATEGIES, & MEDICAL DIRECTOR DR. AWELE MADUKA-EZEH, Case No.
1:23-cv-01134-SRF (D. Del.), the Parties ask the Court to enter an
order granting their stipulation regarding modifications to the
scheduling order as follows:
Event Deadline
Class certification document production May 13, 2026
substantial completion deadline:
Class certification fact discovery Nov. 13, 2026
deadline:
Class certification disclosure of expert July 20, 2026
testimony
Disclosures for Party with Initial Burden:
Class certification rebuttal expert Oct. 2, 2026
testimony:
Class certification reply expert reports: Oct. 30, 2026
Motion for class certification: Dec. 18, 2026
Centene is an American for-profit healthcare company.
A copy of the Parties' motion dated May 19, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qbn721 at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel A. Griffith, Esq.
WHITEFORD TAYLOR PRESTON LLC
Courthouse Square 600 North
King St., Suite 300
Wilmington, DE 19801-3700
Telephone: (302) 357-3254
E-mail: dgriffith@wtplaw.com
The Defendants are represented by:
Jeremy D. Anderson, Esq.
Brian F. McEvoy, Esq.
Jarvarus A. Gresham, Esq.
Maia F. Semmes, Esq.
BAKER & HOSTETLER LLP
1201 North Market Street, Suite 1407
Wilmington, DE 19801-1147
Telephone: (302) 407-4224
E-mail: jdanderson@bakerlaw.com
bmcevoy@bakerlaw.com
jgresham@bakerlaw.com
msemmes@bakerlaw.com
- and -
Marisa R. De Feo, Esq.
HUSCH BLACKWELL LLP
3411 Silverside Road, Suite 104B #203
Wilmington, DE 19810
Telephone: (302) 506-8036
E-mail: marisa.defeo@huschblackwell.com
CENTURION OF DELAWARE: Class Cert Bid Filing Due June 28
--------------------------------------------------------
In the class action lawsuit captioned as JENAIL BROWN, et al., on
behalf of Themselves and others similarly situated, v. CENTURION OF
DELAWARE, LLC, et al., Case No. 1:22-cv-00923-JLH (D. Del.), the
Hon. Judge Hall entered an order continuing dates in the Scheduling
Order and extending by a period of 90 days, as follows:
Event Deadline
Paper and Document Discovery deadline: Aug. 3, 2026
Fact Deposition Deadline: Oct. 2, 2026
The Plaintiffs' expert report: Nov. 6, 2026
The Defendants' expert report: Feb. 5, 2027
The Plaintiffs' reply expert report: April 23, 2027
Expert discovery deadline: June 25, 2027
Class certification motion deadline: June 28, 2027
The Defendant is a regional affiliate and subsidiary of Centurion
Health, a major national provider of comprehensive healthcare and
managed Medicaid services to correctional facilities.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JXMf6u at no extra
charge.[CC]
The Plaintiffs are represented by:
Patrick C. Gallagher, Esq.
JACOBS & CRUMPLAR, P.A.
10 Corporate Circle, Ste. 301
New Castle, DE 19720
Telephone: (302) 656-5445
E-mail: pat@jcdelaw.com
The Defendants are represented by:
Dawn C. Doherty, Esq.
Brett T. Norton, Esq.
MARKS, O'NEILL, O'BRIEN, DOHERTY &
KELLY, P.C.
300 Delaware Avenue, Ste. 900
Wilmington, DE 19801
Telephone: (302) 658-6538
E-mail: Ddoherty@moodklaw.com
Bnorton@moodklaw.com
CLUB DEMONSTRATION: Westbrook Sues to Recover Unpaid Wages
----------------------------------------------------------
Shirley Westbrook, on behalf of herself and all other aggrieved
employees, and the general public v. CLUB DEMONSTRATION SERVICES,
INC., a Connecticut Stock Corporation; and DOES 1 through 50,
inclusive, Case No. 26STCV15405 (Cal. Super. Ct., Los Angeles Cty.,
May 14, 2026), is brought against the Defendants for alleged
violations of the Labor Codes to recover unpaid wages.
The Plaintiff alleges that Defendants have failed to provide
Plaintiff and all other similarly situated individuals with meal
periods; failed to provide them with rest periods; failed to pay
them premium wages for missed meal and/or rest periods; failed to
pay them at least minimum wage for all hours worked; failed to pay
them overtime wages at the correct rate; failed to pay them for all
vested vacation pay; failed to provide them with accurate written
wage statements; and failed to pay them all of their final wages
following separation of employment, says the complaint.
The Plaintiff worked for Defendants as an hourly, non-exempt
employee from February 20, 2022, through July 13, 2025.
CLUB DEMONSTRATION SERVICES, INC. is a Connecticut Stock
Corporation doing business in the State of California.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Victoria Mas, Esq.
SETAREH LAW GROUP
420 N. Camden Drive, Suite 100
Beverly Hills, CA 90210
Phone (310) 888-7771
Facsimile (310) 888-0109
Email: shaun@setarehlaw.com
vmas@setarehlaw.com
COMPASS GROUP: Bid to Reconsider April 9 Order Partly OK'd
----------------------------------------------------------
In the class action lawsuit captioned as RICHARD L. MEHLBERG, and
ANGELA R. DEIBEL, individually, on behalf of all others similarly
situated, and on behalf of the Plan, v. COMPASS GROUP USA, INC.,
Case No. 2:24-cv-04179-SRB (W.D. Mo.), the Hon. Judge Stephen R.
Bough entered an order granting in part and denying in part the
Defendant's motion to reconsider April 9, 2026, Order on the
Plaintiffs' motion for class certification.
The motion is granted insofar as the Court's Order dated April 9,
2026, is modified and amended to reflect that ERISA Section 413's
six-year statute of repose does not apply to the Plaintiffs' plan
terms violation claims. The motion is denied in all other respects.
Accordingly, the Court finds that most of Defendant's arguments
were -- or could have been -- raised during the class certification
briefing.
The Defendant's pending motion primarily focuses on timeliness and
statute of limitation issues, and those issues were extensively
argued in class certification briefing and resolved in the Class
Order. The Court agrees with Plaintiffs that the "bulk of
Defendant's arguments were directly presented -- and rightly
rejected -- at the class certification stage.
The remainder consists of arguments the company could have raised
but did not. Rehashing losing positions, or belatedly advancing
ones that were available all along, is not grounds for
reconsideration."
Compass is a provider of food and support services.
A copy of the Court's order dated May 20, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9Tecu3 at no extra
charge.[CC]
COSTAR REALTY: Divens Suit Removed to W.D. Washington
-----------------------------------------------------
The case captioned as Jessica Divens, on behalf of herself and all
others similarly situated v. COSTAR REALTY INFORMATION, INC. d/b/a
APARTMENTS.COM, Case No. 26-2-02355-34 was removed from the
Superior Court of the State of Washington, in and for the County of
Thurston, to the United States District Court for Western District
of Washington on May 15, 2026, and assigned Case No.
3:26-cv-05508.
The Plaintiff alleges that she has paid rent for her apartment
through CoStar's online platform. As a result of CoStar's alleged
"deceptive and unfair imposition of junk 'Transaction Fees' on rent
payments," Plaintiff purportedly paid "additional, unexpected rent
that was undisclosed in her lease agreement," In particular,
Plaintiff alleges that when she paid her monthly rent, CoStar
charged her a $6.60 transaction fee. The Plaintiff alleges that "as
a result" she has "suffered injury." The Complaint asserts causes
of action against CoStar for violation of the Washington Consumer
Protection Act, tortious interference with contract, and unjust
enrichment.[BN]
The Defendants are represented by:
Emily J. Harris, Esq.
CORR CRONIN LLP
1015 Second Ave, Floor 10
Seattle, WA 98104
Phone: (206) 625-8600
Fax: (206) 625-0900
Email: eharris@corrcronin.com
- and -
Nicholas J. Boyle, Esq.
Anne C. Malinee, Esq.
LATHAM & WATKINS LLP
555 Eleventh St, NW, Suite 1000
Washington, D.C. 20004
Phone: (202) 637-2200
Fax: (202) 637-2201
Email: nicholas.boyle@lw.com
anne.malinee@lw.com
CRASH CHAMPIONS: Parties Must File Amended Joint Status Report
--------------------------------------------------------------
In the class action lawsuit captioned as Freudenthal v. Crash
Champions LLC, Case No. 2:26-cv-00621 (W.D. Wash., ), the Hon.
Filed Feb. 20, 2026 Judge Tana Lin entered an order directing the
parties to file an amended joint status report including required
information within seven (7) days of the Order.
The Court's initial case scheduling order requires that joint
status reports for class action cases include a proposed
agreed-upon briefing schedule for the class certification motion as
well as the following certifications:
(1) a certification that all counsel and any pro se parties
have reviewed Judge Lin's Chambers Procedures (available at
https://www.wawd.uscourts.gov/judges/lin-procedures), the
Local Rules, General Orders and the applicable Electronic
Filing Procedures; and
(2) a certification that all counsel and any pro se parties
have reviewed and complied with Judge Lin's Standing Order
Regarding 28 U.S.C. section 455 and Canon 3 of the Code of
Conduct for United States Judges.
The nature of suit states Civil Rights – Employment.
Crash Champions provides automotive collision repair services.[CC]
CREDIT PROS: Guadian Suit Removed to W.D. Texas
-----------------------------------------------
The case captioned as Manuel Guadian, individually and on behalf of
all others similarly situated v. THE CREDIT PROS INTERNATIONAL,
LLC, Case No. 2026DCV1707 was removed from the El Paso County
Court, to the United States District Court for Western District of
Texas on May 14, 2026, and assigned Case No. 3:26-cv-01375.
The Plaintiff's Complaint alleges that Credit Pros "directs and
participates in outbound telemarketing campaigns designed to
identify and qualify consumers for Credit Pros's credit repair
services," with such efforts purportedly directed "to consumers
nationwide, including residents of Texas," in violation of the
Texas Telephone Solicitation Act ("TTSA").[BN]
The Defendants are represented by:
Christian J, Keeney, Esq.
Alis M. Moon, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Facsimile: (949) 885-1380
Email: Christian.Keeney@jacksonlewis.com
Alis.Moon@jacksonlewis.com
CREDIT SUISSE: Plaintiff Loses Bid to File Proposed SAC
-------------------------------------------------------
In the class action lawsuit captioned re Credit Suisse Securities
Class Actions, Case No. 1:23-cv-05874-CM-SLC (S.D.N.Y.), the Hon.
Judge McMahon entered an order denying the Plaintiff's motion for
leave to file a proposed second amended complaint without
prejudice.
The Court concludes that the existing motion papers do not present
the issues in a form that permits meaningful adjudication.
Accordingly, any renewed motion for leave to amend by the Plaintiff
must include a chart organized statement by statement. For each
proposed alleged misstatement or omission, the Plaintiff must
identify:
1. the date, speaker, source, and exact verbatim quotation of the
challenged statement;
2. the defendant or defendants against whom the statement is
asserted; and
3. whether the statement was alleged to be false or misleading in
the operative complaint.
The renewed motion must be filed by June 12, 2026. The Defendants'
opposition must be filed by July 2, 2026. The Plaintiff's reply
must be filed by July 17, 2026.
The parties must comply with the Court's individual rules, except
that the required statement-by-statement charts may be attached as
exhibits and will not count against the page limit unless the Court
orders otherwise.
The Clerk of Court is directed to terminate the pending motion for
leave to amend without prejudice to renewal.
Credit was a global investment bank and financial services firm.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=N9xcqR at no extra
charge.[CC]
CREDO LEGAL: Salaiz Suit Seeks Rule 23 Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as ERIK SALAIZ, individually,
and on behalf of all others similarly situated, v. CREDO LEGAL
SERVICES, P.A., a Florida Professional Association, and KERRY
TIBOR, JR., Case No. 3:25-cv-00138-LS (W.D. Tex.), the Plaintiff
asks the Court to enter an order certifying the proposed Class
under Federal Rule of Civil Procedure 23(b)(3), appointing the
Plaintiff as class representative, and appointing Mark L. Javitch
and Javitch Law Office as Class Counsel under Rule 23(g).
The Plaintiff seeks certification of the following Class:
"All persons in Texas who, during the two years preceding the
filing of the Complaint, received an email from the address
support@credolegal.com containing a Credo Legal Services, P.A.
retainer agreement transmitted in connection with the
telemarketing campaign described herein."
Excluded from the Class are: (1) any Judge or Magistrate
presiding over this action and members of their families; (2)
Defendants and their parents, subsidiaries, successors, and
predecessors, and any entity in which Defendants have a
controlling interest, and the Defendants' current or former
employees, officers, and directors; (3) persons who properly
execute and timely file a request for exclusion from the
Class; (4) persons whose claims have been finally adjudicated
on the merits or otherwise released; (5) the Plaintiff's
counsel and the Defendants' counsel; and (6) the legal
representatives, successors, and assigns of any such excluded
persons.
Credo offers legal representation for debt-relief services to
consumers nationwide.
A copy of the Plaintiff's motion dated May 19, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sUMCx1 at no extra
charge.[CC]
The Plaintiff is represented by:
Mark L. Javitch, Esq.
JAVITCH LAW OFFICE
3 East 3rd Ave. Ste. 200
San Mateo CA 94401
Telephone: (650) 781-8000
Facsimile: (650) 300-0343
CUSHMAN & WAKEFIELD: Class Cert Hearing Continued to July 28
------------------------------------------------------------
In the class action lawsuit captioned as Conriquez v. Cushman &
Wakefield U.S., Inc. et al., Case No. 3:22-cv-02734 (N.D. Cal.,
Filed May 6, 2022), the Hon. Judge Rita F. Lin entered an order as
follows:
The hearing on the motion for class certification is continued to
July 28, 2026.
By July 10, 2026, the parties shall file an update on state court
proceedings.
The update shall indicate what impact, if any, those state court
proceedings have on the motion for class certification.
The suit states Civil Rights -- Employment.
Cushman is a full-service commercial real estate firm focusing on
office, industrial, commercial and land brokerage.[CC]
DIGNITY HEALTH: Class Cert Bids in Walker Suit Due July 1
---------------------------------------------------------
In the class action lawsuit captioned as MICHELE WALKER, PEARL
IRENE WISE, and TAMI HUNTER-NEAL, on behalf of themselves and all
others similarly situated, v. DIGNITY HEALTH, a California
Corporation; dba MERCY MEDICAL CENTER - MERCED; and DOES 1 to 100,
Case No. 1:23-cv-00349-FJS (E.D. Cal.), the Hon. Judge entered an
order granting the stipulation to extend the class certification
motion filing deadline by 30 days.
The class certification motions filing deadline is continued by 30
days from June 1, 2026, to July 1, 2026.
Dignity is a California-based not-for-profit public-benefit
corporation.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tvCHQv at no extra
charge.[CC]
DOG6 LLC: Tamm Suit Removed to W.D. Washington
----------------------------------------------
The case captioned as Ryan Tamm, on his own behalf and on behalf of
others similarly situated v. DOG6, LLC d/b/a CAT5 COMMERCE d/b/a
TACTICALGEAR.COM, Case No. 26-2-12071-4 SEA, was removed from the
Washington State Superior Court for King County, to the United
States District Court for Western District of Washington on May 15,
2026, and assigned Case No. 2:26-cv-01671.
In the Complaint, Plaintiff alleges that Defendant sent commercial
emails to Washington residents containing false or misleading
information in the subject lines, in violation of the Commercial
Electronic Mail Act ("CEMA"), RCW 19.190.020, and the Consumer
Protection Act ("CPA"), RCW 19.86.020. Plaintiff seeks to represent
a class of all Washington citizens holding an email address to
which Defendant sent or caused to be sent any email listed in
Exhibit A to the Complaint during the Class Period. The Plaintiff
seeks injunctive relief, liquidated damages of $500 per violation
(trebled), and attorneys' fees and costs.[BN]
The Defendants are represented by:
Diane C. Babbitt, Esq.
Shaun M. Morgan, Esq.
HUSCH BLACKWELL LLP
1900 N. Pearl Street, Suite 1800
Dallas, TX 75201
Phone: (214) 999-6126
Facsimile: (214) 999-6170
Email: Diane.babbitt@huschblackwell.com
Shaun.morgan@huschblackwell.com
DR. JUDY MORGAN'S: Vaughn Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Kendrick Vaughn, on behalf of himself and all others similarly
situated v. Dr. Judy Morgan's Naturally Healthy Pets LLC, Case No.
1:26-cv-05694 (N.D. Ill., May 15, 2026), is brought against
Defendant for its failure to design, construct, maintain, and
operate its Website https://drjudymorgan.com (hereinafter "Website"
or "the Website") to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is legally visually impaired and a member of a
protected class under the ADA.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a range of natural pet supplements and wellness
products, including vitamins, probiotics, digestive and immune
support, along with treats, grooming essentials, and holistic care
items for dogs and cats.[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
EBENEZER INDUSTRIES: Hamati FLSA Action Gets Conditional Status
---------------------------------------------------------------
In the class action lawsuit captioned as Jordan Hamati, v. Ebenezer
Industries Incorporated, et al., Case No. 2:25-cv-03432-JJT (D.
Ariz.), the Hon. Judge Tuchi entered an order granting the parties'
motion and stipulation agreeing to Fair Labor Standards act (FLSA)
conditional certification of collective action class.
The Court grants conditional certification of an FLSA collective
action comprised of:
"All individuals in Arizona employed by Liberty Market who
participated in the tip pool, from the date three years before
the date of distribution of the FLSA Notice to the date the
FLSA Notice is distributed."
The FLSA Notice and Consent Form submitted with the parties'
stipulation are authorized.
No later than 14 days from the date of this Order, the Defendants
shall provide to the Plaintiff the names, last known addresses, and
last known personal email addresses of each of the putative FLSA
opt-in plaintiffs in an electronic, portable format, and the
Plaintiff shall effectuate FLSA Notice in accordance with the terms
of the parties' Stipulation.
Opt-in plaintiffs shall have 45 days from the date the Plaintiff
distributes the FLSA notice and consent form to file a consent form
with the Court to join the case.
Ebenezer is a manufacturer and service provider of ceiling cloth
dryer hanger, safety net, wall hook hanger etc.
A copy of the Court's order dated May 20, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gogdqO at no extra
charge.[CC]
EDWARD P. ROMAINE: ILIOU Family Files Suit in N.Y. Sup. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Edward P. Romaine, et
al. The case is styled as ILIOU Family Holding Company, Inc.,
Babylon Associates, Bayshore Associates, and all other
Plaintiff-Petitioners similarly situated identified in the annexed
Exhibit A affecting the parcels listed therein by Section, Block
and Lot description v. Edward P. Romaine in his official capacity
as SUFFOLK COUNTY EXECUTIVE; Charles J Bartha in his official
capacity as COMMISSIONER OF PUBLIC WORKS and ADMINISTRATIVE HEAD OF
THE SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT and CHAIRPERSON
OF THE SEWER AGENCY BOARD; SUFFOLK COUNTY DEPARTMENT OF PUBLIC
WORKS; SUFFOLK COUNTY LEGISLATURE; SUFFOLK COUNTY; Case No. Index
not Assigned: Pre-RJI (N.Y. Sup. Ct., Suffolk Cty., May 15, 2026).
The nature of suit is stated as Special Proceedings - CPLR Article
78.
Edward P. Romaine was elected Suffolk County Executive in November
of 2023.[BN]
The Plaintiffs are represented by:
Jennifer Hower, Esq.
HERMAN KATZ, LLP
1407 Broadway, Suite 4002
New York, NY 10018
Phone: 212.953.5000
Fax: 212.953.5001
EL ORO CATTLE: Garcia Suit Removed to E.D. Washington
-----------------------------------------------------
The case captioned as Jose Garcia, and Dominic Valdovinos, each
individually and on behalf of all others similarly situated v. EL
ORO CATTLE FEEDERS, LLC, an Idaho limited liability company; and
WASHINGTON BEEF, LLC, an Idaho limited liability company, Case No.
25-2-00197-39 was removed from the Superior Court of the State of
Washington in and for Yakima County, to the United States District
Court for Eastern District of Washington on May 14, 2026, and
assigned Case No. 2:26-cv-00215.
The Plaintiffs generically allege the following violations against
Defendants on a class wide basis: failure to provide rest breaks in
violation of RCW 49.12.020 and WAC 296-126-092; failure to provide
meal breaks in violation of RCW 49.12.020 and WAC 296-126-092;
failure to pay overtime wages in violation of RCW 49.46.130;
failure to pay minimum wage for all hours worked in violation of
RCW 49.46.090; failure to accrue and allow use of paid sick leave
in violation of RCW 49.46.210 and WAC 296-128-620; unlawful
deductions and rebates in violation of RCW 49.52.060 and WAC
296-126 028; failure to pay all wages due at termination in
violation of RCW 49.48.010; willful refusal to pay wages in
violation of RCW 49.52.050; failure to provide rest breaks in
violation of WAC 296 131-020; failure to provide meal breaks in
violation of WAC 296-131-020; and failure to provide adequate pay
statements in violation of RCW 49.030.020 and WAC 296-131-015.[BN]
The Defendants are represented by:
Sean Worley, Esq.
Justo G. Gonzalez, Esq.
Olivia Gahm, Esq.
STOKES LAWRENCE VELIKANJE MOORE & SHORE
120 N. Naches Avenue
Yakima, WA 98901-2757
Phone: 509-853-3000
Facsimile: 509-895-0060
Email: Sean.Worley@stokeslaw.com
JGG@stokeslaw.com
Olivia.Gahm@stokeslaw.com
ELARA CARING PCS: Bennett Sues Over Data Security Incident
----------------------------------------------------------
Brandy Bennett, individually and on behalf of all others similarly
situated v. ELARA CARING PCS LOUISIANA HOLDINGS, LLC, Case No.
3:26-cv-01574-E (N.D. Tex., May 15, 2026), is brought arising out
of the recent data security incident and data breach that was
perpetrated against Defendant (the "Data Breach"), which held in
its possession certain personally identifiable information ("PII")
and protected health information ("PHI") (collectively, the
"Private Information") of Plaintiff and other current and former
patients of Defendant, the putative class members ("Class").
On May 14, 2026, Defendant publicly disclosed the Data Breach by
notifying the Texas Attorney General, which published the breach
report on its website. The Defendant's public disclosure indicated
that the Data Breach involved the private information of 3,311
Texas residents and included individuals' names, addresses, Social
Security numbers, medical information, health insurance
information, and dates of birth.
The Defendant maintained the Private Information in a reckless
manner. In particular, the Private Information was maintained on
Defendant's computer network in a condition vulnerable to
cyberattacks. Upon information and belief, the mechanism of the
Data Breach and potential for improper disclosure of Plaintiff's
and Class Members' Private Information was a known risk to
Defendant, and thus Defendant was on notice that failing to take
steps necessary to secure the Private Information from those risks
left that property in a dangerous condition.
Because of the Data Breach, Plaintiff and Class Members have been
exposed to a heightened and imminent risk of fraud and identity
theft. Plaintiff and Class Members must now and in the future
closely monitor their financial accounts to guard against identity
theft. The Plaintiff and Class Members may also incur out of pocket
costs for, e.g., purchasing credit monitoring services, credit
freezes, credit reports, or other protective measures to deter and
detect identity theft. Through this Complaint, Plaintiff seeks to
remedy these harms on behalf of herself and all similarly situated
individuals whose Private Information was accessed during the Data
Breach, says the complaint.
The Plaintiff and Class Members are current and former patients of
Defendant.
Elara Caring is one of the nation's largest providers of home-based
care, with operations across 18 states in the Northeast, Midwest,
and Southwest.[BN]
The Plaintiff is represented by:
Leigh S. Montgomery, Esq.
ELLZEY KHERKHER SANFORD MONTGOMERY, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Phone: (888) 350-3931
Email: lmontgomery@eksm.com
EXACT CARE PHARMACY: Depue Files TCPA Suit in N.D. Ohio
-------------------------------------------------------
A class action lawsuit has been filed against Exact Care Pharmacy,
LLC. The case is styled as Richard Depue, Robin Fioretti,
individually and on behalf of all others similarly situated v.
Exact Care Pharmacy, LLC, Case No. 1:26-cv-01113-BMB (N.D. Ohio,
May 14, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
ExactCare -- https://www.exactcarepharmacy.com/ -- is a
specialized, national pharmacy provider focused on patients
managing multiple medications, complex medical needs, and chronic
conditions.[BN]
The Plaintiff is represented by:
William M. Harrelson, II, Esq.
HARRELSON & HARRELSON
9 West Water Street
Troy, OH 45373
Phone: (937) 552-9400
Fax: (937) 552-9361
Email: will@harrelsonllp.com
F & J PINE: Bruno Seeks Conditional Cert of FLSA Collective Action
------------------------------------------------------------------
In the class action lawsuit captioned as JORGE BRUNO, on behalf
himself, individually, and on behalf of all others
similarly-situated, v. F & J PINE RESTAURANT LLC d/b/a F & J PINE
RESTAURANT, and 4 A KIDS LLC d/b/a F & J PINE RESTAURANT, and
ANTHONY BASTONE, individually, Case No. 1:25-cv-10599-JMF
(S.D.N.Y.), the Plaintiff will move the Court, before the Honorable
Jesse M. Furman, on a date and time to be determined by the Court,
pursuant to 29 U.S.C. section 216(b), for an Order:
(1) Conditionally certifying a Fair Labor Standards Act ("FLSA")
collective action consisting of:
"Current and former non-managerial employees, who at any
time between Dec. 22, 2022, and the present, performed any
work for the Defendants, and who consent to file a claim to
recover unpaid overtime compensation and liquidated damages
that are legally due to them." ("potential collective action
members");
(2) Requiring the Defendants, within 14 days of the Court's
Order, to produce a computer-readable data file containing
the names, last known mailing addresses, compensation rate,
titles, all known home and mobile telephone numbers, primary
language spoken, and dates of employment of all potential
collective action members;
(3) Permitting the Plaintiffs to disseminate to the potential
collective action members the Notice of Lawsuit and Consent
to Join Form in English, Spanish, and any other identified
primary language of any potential collective action member,
in the form attached to the Declaration of Michael J.
Borrelli, Esq. as Exhibits A, C, and D, via regular mail,
email, and text message, and permitting a 60-day opt-in
period; and
(4) Equitably tolling the FLSA statute of limitations from the
date on which the Plaintiffs filed this motion until that
date on which the Court decides this motion.
F&J is a quintessential Italian restaurant.
A copy of the Plaintiff's motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3Ev7sz at no extra
charge.[CC]
The Plaintiff is represented by:
Michael J. Borrelli, Esq.
Alexander T. Coleman, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 205
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
FARMERS INSURANCE: Class Certification in Stewart Suit Flipped
--------------------------------------------------------------
In the case, JAMES STEWART, INDIVIDUALLY AND ON BEHALF OF ALL OTHER
SIMILARLY SITUATED, Plaintiff-Appellee, v. FARMERS INSURANCE OF
COLUMBUS, INC., Defendant-Appellant, Case No. 115049 (Ohio App.),
Judge Kathleen Ann Keough of the Court of Appeals of Ohio, Eighth
District, Cuyahoga County, reverses the judgment of the trial court
granting class certification.
In 2022, Farmers issued a car insurance policy to Stewart insuring
his 2008 Honda Element that he purchased in 2016 for around
$12,000. In December 2022, while the policy was in effect, Stewart
was involved in an automobile accident. Farmers declared the
vehicle a total loss and pursuant to the policy, elected to pay
Stewart for the loss in money, as opposed to repairing or replacing
the damaged vehicle. In January 2023, Farmers paid Stewart $9,795,
which represented the adjusted vehicle value of $10,295 plus fees,
but minus Stewart's $500 deductible. According to the record,
Stewart did not, at the time, dispute the payment or invoke the
appraisal process under the policy.
In June 2023, Stewart filed a class-action complaint against
Farmers, asserting claims individually and as representative of a
class of insureds by Farmers who suffered total losses of their
vehicles. The alleged claims included (1) breach of contract; (2)
unjust enrichment; and (3) fraud and fraudulent/negligent
misrepresentation and omission.
The underlying class issue Stewart raised was whether Farmers
breached its policies for each insured by applying a "condition
adjustment" not mentioned in the policy and is otherwise contrary
to law. According to Stewart and the putative class, Farmers
breached the insurance contracts by not paying the insureds "actual
cash value" for their total-loss vehicles. According to Stewart,
"actual cash value" was not defined in the policy nor did the
policy explain how Farmers calculated it. He alleged that Farmers
also breached the policy by using a third-party company, CCC
Intelligent Solutions ("CCC"), to reduce the payment to him and the
putative class by subtracting an arbitrary "condition adjustment"
from the actual cost of the comparable vehicles used to determine
the actual cash value. He said this practice is not disclosed in
the policy and Farmers fraudulently concealed it from
policyholders.
After the complaint was filed and in accordance with the policy,
Farmers made an appraisal demand, which resulted in Farmers
formally filing a motion to compel appraisal. Ultimately, in
December 2023, the trial court granted Farmers' August 2023 motion
to compel appraisal of the claim. It concluded, after relying on
and applying the criteria in Saba v. Homeland Ins. Co., 159 Ohio
St. 237 (1953), that the Policy language contained "plain,
inescapable language" that the appraisal provision was mandatory.
Moreover, relying on Bobel v. Safeco Ins. Co. of Indiana, 2018 US
Dist. LEXIS 240663 (N.D. Ohio May 10, 2018), the court found no
merit to Stewart's argument that the appraisal provision did not
apply if a lawsuit was already filed. It ordered Stewart to submit
to the appraisal process as invoked by Farmers.
In March 2024, following discovery and while the parties waited for
the appraisal, Stewart moved for class certification, amending the
class as defined in the complaint by removing the exclusion of
appraisal-based claims, adding a reference to "condition
adjustments," and shortening the class period.
His new class definition provided: All Ohio residents who: 1) were
insured by Defendant under a motor vehicle policy; 2) suffered
damage to their auto declared a total loss by Defendant, and
Defendant made a cash payment to resolve the claim on or after June
16, 2017; 3) the payment was derived using a CCC One® Market
Valuation Report that applied a "condition adjustment" reducing the
comparable vehicle value. The class excludes Plaintiff's counsel;
officers of the court handling this matter; and employees of
Defendant.
In April 2024, the appraisal was completed. The two appraisers
jointly issued an award finding the "actual cash value" for
Stewart's vehicle to be $11,564.08, which was higher than the
amount Farmers originally paid Stewart. Because the appraisal had
been completed and Farmers tendered the check to Stewart for the
difference, Farmers opposed Stewart's motion for class
certification, contending that Stewart lacked standing as a class
representative or his claims were otherwise moot because he was
fully compensated following the policy's binding appraisal process,
which was also mandated by the court. Stewart opposed Farmers'
assertion that he lacked standing or that his claims were otherwise
moot by virtue of the appraisal.
The trial court agreed with Stewart, finding that invoking the
policy's appraisal process did not moot Stewart's standing to
maintain the class action.
Further, it found that Stewart satisfied the Civ.R. 23 requirements
and certified the following proposed class: All Ohio residents who:
1) are or were insured by Defendant under a motor vehicle policy;
2) suffered damage to their auto declared a total loss by
Defendant, and 3) received a cash payment to resolve the claim on
or after June 16, 2017; 4) the payment was derived using a CCC
One® Market Valuation Report that applied a "condition adjustment"
reducing the comparable vehicle value. The class excludes
Plaintiff's counsel; officers of the court handling this matter;
and employees of Defendant.
The appeal followed. In its sole assignment of error, Farmers
contends that the trial court erred in granting class
certification, raising the following issues:
(1) Whether Stewart's individual and class claims are moot
because (a) the valuation of his total-loss car was fully resolved
in a court ordered appraisal; and (b) he alleges no other injury
and cannot move to certify a class on an unstated liability theory
that would include him as a class member;
(2) Whether Stewart satisfied the requirements of Civ.R. 23(A)
by showing a properly defined class, typicality, and commonality;
and
(3) Whether Stewart satisfied the predominance test of Civ.R.
23(B)(3).
Judge Keough finds merit to Farmers' first assignment of error.
Because the appraisal award was binding on both parties after being
invoked and Farmers' tendering payment to Stewart, representing the
actual cash value for his vehicle, there was no longer a live
controversy between the parties. Accordingly, because Stewart's
individual claims were resolved prior to class certification,
dismissal of the entire action, including the class claims, was
required. The trial court erred in failing to find the claims moot
and dismiss the action. Hence, Farmers' first assignment of error
is sustained. Finding merit to Farmers' first issue raised in its
assignment of error renders the other two issues, challenging the
trial court's decision granting and certifying the class, moot.
For these reasons, Judge Keough reverses the judgment and remands.
She orders that the Appellant recovers from the Appellee costs
therein taxed. She finds there were reasonable grounds for this
appeal.
A full-text copy of the Court's Opinion is available at
https://sl1nk.com/hc3y89t.
Dworken & Bernstein Co., LPA, and Patrick J. Perrotti; Garson
Johnson LLC, and James A. DeRoche, for appellee.
Tucker Ellis LLP, Karl A. Bekeny -- karl.bekeny@tuckerellis.com --
Benjamin C. Sasse -- benjamin.sasse@tuckerellis.com -- and Ariana
E. Bernard -- ariana.bernard@tuckerellis.com; Akerman LLP, and
Bryan T. West -- bryan.west@akerman.com -- pro hac vice, for
appellant.
FASHION NOVA: Richards Appeals Court Order to 7th Circuit
---------------------------------------------------------
WARREN RICHARDS is taking an appeal from a court order in the
lawsuit entitled Warren Richards, individually and on behalf of all
others similarly situated, Plaintiff, v. Fashion Nova, LLC,
Defendant, Case No. 1:25-cv-01145-TWP-MKK, in the U.S. District
Court for the Southern District of Indiana.
The Plaintiff brings this suit against the Defendant for alleged
violation of the Telephone Consumer Protection Act.
The appellate case is styled as Warren Richards v. Fashion Nova,
LLC, Case No. 26-2082, in the United States Court of Appeals for
the Seventh Circuit, filed on May 19, 2026. [BN]
Plaintiff-Appellant WARREN RICHARDS, individually and on behalf of
others similarly situated, is represented by:
Anthony Paronich, Esq.
BRODERICK LAW, PC
99 High Street
Boston, MA 02110
Telephone: (508) 221-1510
Defendant-Appellee FASHION NOVA, LLC is represented by:
David M. Krueger, Esq.
BENESCH FRIEDLANDER COPLAN & ARONOFF
127 Public Square, Suite 4900
Cleveland, OH 44114
Telephone: (440) 313-2974
FINE GAUGE INC: Walker Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Leah Walker, on behalf of himself and all others similarly situated
v. A Fine Gauge, Inc., Case No. 1:26-cv-05700 (N.D. Ill., May 15,
2026), is brought against Defendant for its failure to design,
construct, maintain, and operate its Website
https://www.whiteandwarren.com/ (hereinafter "Website" or "the
Website") to be fully accessible to and independently usable by the
Plaintiff and other blind or visually-impaired individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is legally visually impaired and a member of a
protected class under the ADA.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a selection of women's cashmere and knitwear
products, including cashmere sweaters, cardigans, jackets,
button-down shirts, tops and tanks, bottoms and skirts, loungewear,
travel wraps, scarves, and accessories.[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
GEORGIA HERITAGE: Babbit Files Suit in Ga. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Georgia Heritage
Federal Credit Union. The case is styled as Chad Babbit,
individually and on behalf of all others similarly situated v.
Georgia Heritage Federal Credit Union, Case No. SPCV26-00749-MO
(Ga. Super. Ct., Chatham Cty., May 13, 2026).
The case type is stated as "Contract/Account."
Georgia Heritage Federal Credit Union -- https://gaheritagefcu.org/
-- offers savings, checking, loans, and digital banking solutions
to help members across Georgia thrive financially.[BN]
The Plaintiffs are represented by:
MaryBeth V. Gibson, Esq.
GIBSON CONSUMER LAW GROUP
4279 Roswell Road NE Suite 208 - 108
Atlanta 30342-3700
Phone: (678)-642-2503
Email: marybeth@gibsonconsumerlawgroup.com
GUARDIAN INDUSTRIES: Class Cert Opposition Filing Due July 13
-------------------------------------------------------------
In the class action lawsuit captioned as FRANK ESPINOZA,
individually and on behalf of all similarly situated and of
Defendant in the State of California; v. GUARDIAN INDUSTRIES, LLC.,
and DOES 1 THROUGH 50, inclusive; Case No. 1:24-cv-00853-KES-SAB
(E.D. Cal.), the Defendants will administratively move for an order
continuing Plaintiff's motion for class certification hearing
currently set for June 24, 2026 for 60 days until Aug. 25, 2026,
and also extending the Defendant's opposition to the Plaintiff's
motion for class certification to July 13, 2026.
Good cause exists because the current deadline of June 1, 2026,
does not give the Defendant sufficient time to adequately prepare
and accomplish all the tasks necessary to oppose the motion prior
to the current deadline.
The Defendant could not have requested a copy of the expert report
before the close of discovery even if it had wanted to, because the
report did not exist.
Similarly, the Defendant could not have requested to examine the
declarants until they "injected" themselves into this litigation,
which also occurred after the discovery cutoff deadline.
The Plaintiff claims she is entitled to surprise the Defendant with
new evidence because she waited to gather it just before she filed
her motion. The Defendant posits that such tactics should not be
rewarded.
On April 18, 2024, the Plaintiff filed this action in the Superior
Court of California, County of Fresno.
On July 24, 2024, the Defendant removed this action to this Court.
More than two years later, on May 18, 2026, the Plaintiff Frank
Espinoza filed his motion for Class Certification seeking to
certify a class comprised of:
"All current and former non-exempt employees of the Defendant
who performed work during the period of May 28, 2020, to the
date of the certification order" and about seven subclasses.
Guardian is a privately held industrial manufacturer of glass,
automotive and building products.
A copy of the Defendants' motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wWwiKZ at no extra
charge.[CC]
The Defendants are represented by:
John F. Kuenstler, Esq.
Mark W. Wallin, Esq.
Michael Witczak, Esq.
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067
Telephone: (310) 284-3880
Facsimile: (310) 284-3894
E-mail: john.kuenstler@btlaw.com
mark.wallin@btlaw.com
michael.witczak@btlaw.com
HF FOODS: Krawitz Files Suit Over DGCL Violation
------------------------------------------------
MICHAEL KRAWITZ, individually and on behalf of all others similarly
situated, Plaintiff v. HF FOODS GROUP INC., Defendant, Case No.
2026-0606 (Chancery Ct., Del., May 13, 2026) is a class action
against the Defendant for expanding the Information Request
Provision to action via consent in violation of Section 228(a) of
the Delaware General Corporation Law ("DGCL").
Defendant HF Foods Group Inc. is a marketer and distributor of
fresh produce, frozen and dry food, and non-food products to Asian
restaurants and other foodservice customers throughout the United
States. Plaintiff Michael Krawitz is an HF Foods stockholder.
The complaint relates that HF Foods has adopted and maintains
provisions in its bylaws that expand the Company's power beyond
what is permissible under the Delaware General Corporation Law
("DGCL"). The Company's board of directors refused to cure those
facial statutory violations when they were brought to the Board's
attention, forcing Plaintiff to commence this litigation to
vindicate rights guaranteed to stockholders by Delaware law.
Section 228(a) of the DGCL provides that, unless otherwise provided
in a corporation's certificate of incorporation, any action that
may be taken at a meeting of stockholders may be taken by written
consent "without a meeting, without prior notice and without a
vote[.]" The Second Amended and Restated Certificate of
Incorporation of HF Foods Group Inc. does not impose any limitation
on stockholders' right to act via consent.
On April 25, 2023, the Board adopted an amendment to the Amended
and Restated By-Laws of HF Foods Group Inc. This amendment, among
other things, replaced in its entirety Article II, Section 2.3(b)
of the Bylaws which concerns the procedures for determining the
record date for actions taken by written consent. Section
2.7(a)(ii) of the Bylaws, which already existed at the time the
Board amended Section 2.3(b), purports to require that a
stockholder seeking action via consent provide extensive
advance-notice disclosures (the "Information Request Provision"),
which far exceed any ministerial prerequisites to the exercise of
statutory consent rights. The Bylaws, therefore, violate Section
228(a) of the Delaware General Corporation Law ("DGCL")'s
requirement that, unless otherwise provided in the certificate of
incorporation, stockholder action may be taken by written consent
"without prior notice[.]"
Recognizing that these facial statutory violations are readily
curable, Plaintiff, through his counsel, made a pre-suit demand
upon the Board on April 21, 2026. HF Foods rejected the Demand via
counsel by letter dated April 28, 2026. Because the reasons for the
refusal to take action were legally unsupported, Plaintiff, again
acting through counsel, sent a follow-up letter on April 30, 2026,
setting forth the relevant Delaware authority and explaining that
expansion of the Information Request Provision through Section
2.3(b) bore no resemblance to a bylaw imposing minimal essential
provisions for ministerial review of the validity of the action
taken by stockholder consent. Plaintiff restated his demand for
corrective action.
On May 6, 2026, counsel for HF Foods emailed that it was
"[stand]ing by [its] prior correspondence[,]" necessitating this
lawsuit.[BN]
The Plaintiff is represented by:
Peter B. Andrews, Esq.
David M. Sborz, Esq.
Andrew J. Peach, Esq.
Jackson E. Warren, Esq.
ANDREWS & SPRINGER LLC
4001 Kennett Pike, Suite 250
Wilmington, DE 19807
Telephone: (302) 504-4957
E-mail: pandrews@andrewsspringer.com
dsborz@andrewsspringer.com
apeach@andrewspringer.com
jwarren@andrewsspringer.com
- and -
J. Abbott R. Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street
Suite 700R
Stamford, CT 06902
Telephone: (475) 477-5031
- and -
William J. Fields, Esq.
Christopher J. Kupka, Esq.
Samir Shukurov, Esq.
FIELDS KUPKA & SHUKUROV LLP
141 Tompkins Ave, Suite 404
Pleasantville, NY 10570
Telephone: (212) 231-1500
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Blvd., Suite 100
Newtown Square, PA 19073
Telephone: (484) 258-1585
HSBC BANK: Class Cert Bid Filing in Cruz Suit Due Oct. 15
---------------------------------------------------------
In the class action lawsuit captioned ALYSSA CRUZ, v, HSBC BANK
USA, N.A. (Re: Methyl Tertiary Butyl Ether ("MTBE") Products
Liability Litigation), Case No. 1:00-cv-01898 (S.D.N.Y.), the Hon.
Judge Parker entered the following scheduling order pursuant to
Rule 16 of the Federal Rules of Civil Procedure:
-- The Defendant shall have until June 9, 2026, to file its
motion to dismiss; the Plaintiff's opposition or amended
complaint shall be due by July 9, 2026; and if the Plaintiff
files an opposition, the Defendant shall file its reply by
July 23, 2026.
-- The Plaintiff's motion for class certification under Rule 23
is due by Oct. 15, 2026; the Defendant's opposition is due by
Nov. 12, 2026; and any Reply is due by Nov. 25, 2026.
-- The deadline to complete all discovery is Feb. 26, 2027.
Parties shall submit a joint status update by June 18, 2026.
-- The parties shall follow the Court's Individual Procedures
with respect to any discovery disputes.
A copy of the Court's order dated May 19, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=BipQVu at no extra
charge.[CC]
HUNTSVILLE UTILITIES: Bantam Building Sues Over Conspiracy
----------------------------------------------------------
Bantam Building Performance, LLC d/b/a Southern Valley Services,
LLC on behalf of Itself and All Others Similarly Situated v.
HUNTSVILLE UTILITIES, Case No. 5:26-cv-00803-LCB (N.D. Ala., May
13, 2026), is brought under violations of the Sherman Act for
Conspiracy in Restraint of Trade as a result of the Defendant
entering into and engaged in unlawful contracts, combinations in
the form of trust or otherwise, and/or conspiracies in restraint of
trade and commerce.
Southern Valley performs inspections for new homes constructed in
North Alabama which provide HERS ratings and documentation required
before a certificate of occupancy can be issued ("New Home
Inspections.") While Southern Valley charges about $550 for a New
Home Inspection, builders can apply to the Rebate Program and get
$400 refunded for each home from the Rebate Program.
In 2023, Huntsville Utilities became aware of the Rebate Program.
Seeing an opportunity for an additional revenue stream, Huntsville
Utilities hired three inspectors and began conducting New Home
Inspections. However, companies, like Southern Valley, were still
in business and continuing to thrive due to their superior
knowledge, faster response times, and overall flexibility. Seeing
an opportunity for a monopoly, Huntsville Utilities changes it
internal requirements for HERS inspections which would qualify for
the Rebate Program. As a result of the changes, the only acceptable
New Home Certification for the Rebate Program performed in the
Huntsville Utilities service area must be performed by one of
Huntsville Utilities' inspectors. That is, Huntsville Utilities now
has complete control of the Rebate Program as it now has a monopoly
on New Home Inspections in its area. It now collects all Rebates
for itself.
As a result of Huntsville Utilities' anti-competitive actions,
Southern Valley and other New Home Inspection companies have been
blocked from inspection business in Huntsville Utilities' area. All
inspection companies except Southern Valley have abandoned
performing New Home Inspections in Huntsville Utilities' service
area as it now has a monopoly on the Rebate program. Southern
Valley has already lost hundreds of thousands of dollars as a
result of Huntsville Utilities' monopoly, says the complaint.
The Plaintiff is a corporation qualified and doing business within
the State of Alabama with its principal place of business in
Huntsville, Alabama.
Huntsville Utilities is a public utility organized and doing
business in Madison County, Alabama and is owned by the City of
Huntsville.[BN]
The Plaintiff is represented by:
Eric J. Artrip, Esq.
MASTANDO & ARTRIP, LLC
301 Holmes Ave. NE, Suite 100
Huntsville, AL 35801
Phone: (256) 532-2222
Fax: (256) 513-7489
Email: artrip@mastandoartrip.com
- and -
Richard P. Rouco, Esq.
QUINN, CONNOR, WEAVER, DAVIES & ROUCO, LLP
2 – 20th Street North, Suite 930
Birmingham, AL 35203
Phone: (205) 870-9989
Fax: (205) 803-4143
Email: rrouco@qcwdr.com
HUTTIG INC: Martinez Suit Removed to E.D. California
----------------------------------------------------
The case captioned as Paul Martinez, individually, and on behalf of
himself and all others similarly situated v. HUTTIG, INC., a
Delaware corporation; HUTTIG BUILDING PRODUCTS, INC., a Delaware
corporation; WOODGRAIN INC., an Oregon corporation; WOODGRAIN
TRANSPORTATION LLC, an Idaho corporation; and DOES 1 through 10,
inclusive, Case No. 26CV007594 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 May 13,
2026, and assigned Case No. 2:26-cv-01817-CKD.
The Complaint alleges 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 Violations of the Unfair Competition
Law ("UCL"), California Business and Professions Code Section 17200
against Defendants (the "Superior Court Action").[BN]
The Defendants are represented by:
Michael E. Brewer, Esq.
BAKER & MCKENZIE LLP
101 California Street, Suite 4100
San Francisco, CA 94111-6107
Phone: (415) 576-3000
Facsimile: (415) 576-3099
Email: michael.brewer@bakermckenzie.com
- and -
Phillip R. Di Tullio, Esq.
BAKER & MCKENZIE LLP
10250 Constellation Boulevard, Suite 1850
Los Angeles, CA 90067
Phone: (310) 201-4728
Facsimile: (310) 201-4721
Email: phillip.ditullio@bakermckenzie.com
ICON PLC: Faces Consolidated Suit in New York
---------------------------------------------
ICON plc disclosed in its annual report on Form 20-F, for the
period ending Dec. 31, 2025, dated and delivered to the Securities
and Exchange Commission on May 27, 2026, that it is currently
facing a consolidated case, "In re ICON plc Securities Litigation,"
No. 2:25-cv-00763 lodged in the United States District Court for
the Eastern District of New York.
The company, its former Chief Executive Officer, and its former
Chief Financial Officer were named as defendants in two class
action lawsuits involving similar claims, filed in said court on
Feb. 10, 2025 (Shing v. ICON plc, et al.) and April 2, 2025 (Police
and Fire Retirement System of the City of Detroit v. ICON plc),
respectively. The complaints allege that defendants made misleading
statements regarding the Company's financial performance and future
business prospects in violation of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
The two cases have been consolidated and are proceeding under the
caption "In re ICON plc Securities Litigation," No. 2:25-cv-00763.
Lead plaintiffs and lead counsel for the putative class were
appointed on June 10, 2025. On Sept. 12, 2025, the lead plaintiffs
filed an amended complaint that names the company's current Chief
Executive Officer in addition to the original defendants.
As a follow-up to said case, the defendants filed a motion to
dismiss the amended complaint on Nov. 12, 2025. Lead plaintiffs
filed an opposition to that motion on Jan. 13, 2026. On Feb. 13,
2026, the parties filed a stipulation providing that the lead
plaintiffs may file a further amended complaint within 30 days
after the Company publicly reports its full-year 2025 results.
ICON plc is a global clinical research organization that provides
outsourced development and commercialization services to
pharmaceutical, biotechnology and medical device industries. The
company supports all phases of clinical development, from trial
design and management to regulatory and market access services.
INSTRUCTURE INC: Bonham Sues Over Data Breach
---------------------------------------------
Alyssa Bonham and Kyra Mohr, individually, and on behalf of all
others similarly situated v. INSTRUCTURE, INC., Case No.
2:26-cv-00448 (D. Utah, May 15, 2026), is brought seeking to remedy
harms on behalf of themselves, and all similarly situated
individuals whose Personally Identifiable Information ("PII") was
accessed during the Data Breach.
Despite knowing how valuable customer information is, Defendant
failed to adequately protect Plaintiffs' and Class Members' PII.
This PII was compromised due to Defendant's negligent and/or
careless acts and omissions and its utter failure to protect
customers' sensitive data. Hackers targeted and obtained
Plaintiff's and Class Members' PII because of the value in
exploiting and stealing the identities of Plaintiffs and Class
Members. The present and continuing risk to victims of the Data
Breach will remain for their respective lifetimes.
As a result of the Data Breach, through which their PII was
compromised, disclosed, and obtained by an unauthorized criminal
hacking group, Plaintiffs and Class Members have suffered concrete
damages and are now exposed to a heightened and imminent risk of
fraud and identity theft for a period of years, if not decades.
Furthermore, Plaintiffs and Class Members must now and in the
future closely monitor their financial accounts to guard against
identity theft, at their own expense. Consequently, Plaintiffs and
the other Class Members will incur ongoing out-of-pocket costs for,
e.g., purchasing credit monitoring services, credit freezes, credit
reports, or other protective measures to deter and detect identity
theft, says the complaint.
The Plaintiffs are required to use Canvas as students.
Instructure, Inc., based in Salt Lake City, markets itself as
"champions of open edtech."[BN]
The Plaintiff is represented by:
Jason L. Lichtman, Esq.
Michael J. Miarmi, Esq.
John D. Maher, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Phone: (212) 355-9500
Fax: (212) 355-9592
Email: jlichtman@lchb.com
mmiarmi@lchb.com
jmaher@lchb.com
- and -
Thomas E. Loeser, Esq.
Karin B. Swope, Esq.
Ellen J. Wen, Esq.
COTCHETT, PITRE & McCARTHY LLP
1809 7th Ave., Ste. 1610
Seattle, WA 98101
Phone: 206-802-1272
Fax: 206-299-4184
Email: tloeser@cpmlegal.com
kswope@cpmlegal.com
ewen@cpmlegal.com
JARED HOY: Court Stays Discovery and Case Deadlines
---------------------------------------------------
In the class action lawsuit captioned as Robert Huber v. Jared Hoy,
et al., Case No. 3:24-cv-00404 (W.D. wisc., Filed June 15, 2024),
the Hon. Judge William M. Conley entered an order granting joint
motion to stay discovery and case deadlines.
Courts have broad discretion to stay cases to manage their dockets
and promote efficiency.
Accordingly, efficiency and economy are served by the stay and
there appears to be no undue prejudice by the delay.
The nature of suit states Civil Rights.[CC]
JEFFERSON COUNTY, WI: Class Cert Filing Due April 16, 2027
----------------------------------------------------------
In the class action lawsuit captioned as SARA DOMRES, et al., v.
JEFFERSON COUNTY, WISCONSIN, et al., Case No. 3:26-cv-00050-wmc
(W.D. Wis.), the Hon. Judge Boor entered a preliminary pretrial
conference order as follows:
Amendments to the Pleadings: July 24, 2026
Disclosure of experts: Plaintiff/Proponent: Nov. 20, 2026
Defendant/Respondent: Jan. 22, 2027
Deadline for filing dispositive motions Apr. 16, 2027
and class certification:
Discovery Cutoff: Feb. 26, 2027
Rule 26(a)(3) Disclosures and all: Aug. 20, 2027
motions in limine
Responses: Sept. 3, 2027
Trial: Sept. 27, 2027
Jefferson County comprises the Watertown-Fort Atkinson, WI
Micropolitan Statistical Area, which is also included in the
Milwaukee-Racine-Waukesha, WI Combined Statistical Area.
A copy of the Court's order dated May 20, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xBUwyi at no extra
charge.[CC]
JOHN PAUL MITCHELL: Howell Suit Transferred to N.D. California
--------------------------------------------------------------
The case captioned as Hannah Howell, Brigette Lowe, Robin Eisman,
Keri Lynch, Kathryn Kessinger, Hollie Shadd, Ashley Price-Horton,
Gayanna Lynne Rule, Jinny Hager, Kimbrelle Rodgers, Denise Smith,
Katelyn Dias, Deanna Harrell, Lauren Carr, Kerri Parker, Aliki
Marinos, Lynette Armstrong, Jake Tulogeski, Mark Geis, Kelly Dugas,
Julie Dziekan, Erin Coyle, Leila Mello, Kimberly Weatherbee, Kristy
Creech, Kim Davis, Isabelle Salhani, Terasa Rowe, Susan Veach, and
Anthony Francesconi, individually and on behalf of themselves and
all others similarly situated v. JOHN PAUL MITCHELL SYSTEMS, Case
No. 2:26-cv-01986 was transferred from the U.S. District Court for
the Central District of California to the U.S. District Court for
the Northern District of California on May 14, 2026.
The District Court Clerk assigned Case No. 4:26-cv-04519-KAW to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
John Paul Mitchell Systems -- https://www.paulmitchell.com/ -- is
an American manufacturer of hair care products and styling tools
through several brands including Paul Mitchell, Tea Tree, Neuro,
Pro Tools, Awapuhi Wild Ginger, MITCH, MVRCK, and Professional Hair
Color.[BN]
The Plaintiff is represented by:
Christopher Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Ave, Suite 920
Pasadena, CA 91101
Phone: (213) 330-7150
Fax: (213) 330-7152
Email: christopherp@hbsslaw.com
Elizabeth Tory Beardsley, Esq.
Michella A. Kras, Esq.
Robert B. Carey, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
11 West Jefferson Street Suite 1000
Phoenix, AZ 85003
Phone: (602) 840-5900
Fax: (602) 840-3012
Email: toryb@hbsslaw.com
michellak@hbsslaw.com
rob@hbsslaw.com
KEEFE GROUP: Hernandez Suit Removed to C.D. California
------------------------------------------------------
The case captioned as Olga Hernandez, individually and on behalf of
all others similarly situated v. KEEFE GROUP; TKC HOLDINGS, INC.;
and DOES 1-100, inclusive, Case No. 2026CUBT060428 was removed from
the Superior Court of California, County of Ventura, to the United
States District Court for Central District of California on May 13,
2026, and assigned Case No. 2:26-cv-05163.
The Complaint generally alleges that Defendants, as the sole
vendors for commissary goods in Ventura County, Los Angeles County,
and other unidentified county jails across Southern California,
imposed unlawful markups on these commissary goods more than 600%
of the wholesale cost on certain commissary goods. Defendants
allegedly dictate the pricing structures for commissary goods
inside the various jails, and these prices vary between different
county jails by up to 200%. Upon this set of allegations, Plaintiff
claims that Defendants violated the California Unfair Competition
Law (UCL) and were Unjustly Enriched.[BN]
The Defendants are represented by:
Linh T. Hua, Esq.
Avanti D. Bakane, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Phone: (213) 576-5002
Facsimile: (213) 680-4470
Email: lhua@grsm.com
abakane@grsm.com
KING COUNTY, WA: Rogers Seeks Rule 23 Class Certification.
----------------------------------------------------------
In the class action lawsuit captioned as Ray C. Rogers v. King
County et al., Case No. 2:23-cv-01034-DGE-GJL (W.D. Wash.), the
Plaintiff asks the Court to enter an order granting motion for Rule
23 Class Certification.
A copy of the Plaintiff's motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=aVcW0N at no extra
charge.[CC]
The Plaintiff appears pro se.
KNOWBE4 INC: Seeks to Impound Confidential Exhibits
---------------------------------------------------
In the class action lawsuit captioned re KnowBe4, Inc. Securities
Litigation, Case No. 1:25-cv-22574-CMA (S.D. Fla.), the Defendants
ask the Court to enter an order granting their motion to impound
certain confidential and highly confidential exhibits to the
Plaintiffs' reply in support of the Plaintiffs' motion for class
certification
Pursuant to Local Rule 5.4, the Defendants request:
(1) leave of Court to impound four exhibits to the Plaintiffs'
forthcoming reply in support of their motion for class
certification that contain discovery material designated as
confidential or highly confidential by the Defendants and
non-party Morgan Stanley, LLC. and
(2) an order (a) permitting the Plaintiffs to file those four
exhibits under seal, (b) directing the Plaintiffs to redact
from the publicly-filed version of the Plaintiffs' reply
brief any language describing and quoting those exhibits,
and (c) permitting the Plaintiffs to file an unredacted
version of their forthcoming Reply under seal.
The Defendants have established good cause to seal these four
exhibits sufficient to overcome the presumption of public access
here. Each of the four documents contain proprietary business
analysis and internal strategies that, if disclosed publicly, would
risk significant competitive harm to KnowBe4 and Vista,
respectively.
KnowBe4 provides software security solutions.
A copy of the Defendants' motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IEcfpW at no extra
charge.[CC]
The Defendants are represented by:
David A. Nabors, Esq.
Samuel G. Williamson, Esq.
Andrew J. Rossman, Esq.
Courtney C. Whang, Esq.
Sarah Bittman, Esq.
Marielle Paloma Greenblatt
QUINN EMANUEL URQUHART &
SULLIVAN LLP
2601 S Bayshore Drive, Suite 1550
Miami, FL 33133-5417
Telephone: (305) 402-4880
E-mail: samwilliamson@quinnemanuel.com
davidnabors@quinnemanuel.com
andrewrossman@quinnemanuel.com
courtneywhang@quinnemanuel.com
sarahbittman@quinnemanuel.com
mariellegreenblatt@quinnemanuel.com
L.A. SUPERIOR COURT: Preemptive Writ of Mandate in Smith Partly OKd
-------------------------------------------------------------------
In the case, CANDICE SMITH et al., Petitioners, v. THE SUPERIOR
COURT OF LOS ANGELES COUNTY, Respondent; VOLUNTEERS OF AMERICA OF
LOS ANGELES et al., Real Parties in Interest, Case No. B349974
(Cal. App.), the Court of Appeals of California, Second District,
Division Three, grants in part the Plaintiffs' preemptive writ of
mandate.
In 2016, Plaintiffs and Petitioners Candice Smith and Elizabeth
Grundy filed a class action against their former employer,
Defendant and real party in interest Volunteers of America of Los
Angeles (VOALA), asserting meal and rest period violations and
other wage-and-hour claims.
VOALA provides services to homeless individuals, veterans, and
young adults. Through its Children's Services division, VOALA also
runs Head Start preschool programs and provides other services to
families. Before new employees report to their specific program
sites, VOALA's human resources department informs them about the
company's policies in the employee handbook, including meal and
rest break policies. At all times relevant to these proceedings,
the handbook instructed hourly employees to take an unpaid,
30-minute off-duty meal period for every shift of more than five
hours. Until 2015, hourly employees at VOALA recorded their hours
by writing their clock-in and clock-out times on paper timesheets.
In 2015, VOALA switched to the electronic timekeeping system
NOVAtime, which allowed employees to clock in and out using their
fingerprints.
Smith worked at VOALA from 2012 to 2016. In October 2016, she filed
a class action complaint against VOALA and two related entities.
The operative complaint asserted causes of action for unpaid
overtime (Lab. Code, Sections 510, 1198); 2 unpaid minimum wages
(Sections 1182.12, 1194, 1197, 1197.1, 1198); failure to provide
meal periods (Sections 226.7, 512, subd. (a), 1198); failure to
provide rest periods (Sections 226, subd. (a), 1198); non-compliant
wage statements and failure to maintain payroll records (Sections
226, subd. (a), 1174, subd. (d), 1198); failure to timely pay wages
upon termination (Sections 201–203); unreimbursed business
expenses (Section 2802); and unlawful business practices under
California's Unfair Competition Law (Bus. & Prof. Code, Section
17200 et seq.).
An amended complaint added Elizabeth Grundy as a named Plaintiff.
Grundy is a former VOALA employee who worked as a Head Start
teacher from 2012 to 2016.
In July 2024, the Plaintiffs moved for class certification. They
sought to represent one class and five subclasses of nearly 6,000
non-exempt, hourly employees who worked for VOALA any time from
October 2012 to the date of certification and who were subject to,
among other things, the underpayment of wages, failure to provide
meal breaks, and failure to pay meal break premiums when due.
They proposed the following subclasses "predicated on VOALA's
companywide, uniform policies and practices:
Underpayment Theory (Underpayment Subclass): from May 1, 2015 to
July 1, 2019, Defendant underpaid its employees by calculating
employee pay using clock-in and clock-out times other than an
employee's actual time punches;
Meal Break Policy Theory (Meal Break Policy Subclass): Throughout
the Class Period, Defendant failed to provide employees with first
meal periods before the end of the fifth hour of work as a result
of its facially invalid meal period policies and practices;
Meal Break Electronic Timesheet Premium Theory (Meal Break
Electronic Timekeeping Premium Subclass): From June 2015 to the
present, Defendant failed to pay meal break premiums when required
because its electronic timekeeping system is programmed to trigger
the payment of a meal period premium when a meal period is less
than 29 minutes, missed, or taken later than the fifth hour of
work;
Meal Break Handwritten Timesheet Premium Theory (Meal Break
Handwritten Timekeeping Premium Subclass): From October 31, 2012
through May 2015, Defendant failed to pay meal break premiums when
required when it used handwritten timesheets either because
employees were not instructed on how to indicate on the timesheet
that a premium is due, or there was no place on the timesheet to do
so;
Failure to Provide Proper Coverage Theory (Children's Services
Subclass): Throughout the Class Period, Defendant failed to provide
teachers working in the Children's Services division coverage to
release them from the employer's control during meal and rest
breaks."
The Plaintiffs also sought to certify subclasses under section 203
for waiting time penalties and section 226 for failure to provide
accurate wage statements. They argued each subclass presented
common questions of law or fact that would predominate in the
litigation. Citing Donohue v. AMN Services, LLC (2021) 11 Cal.5th
58 (Donohue), they argued that VOALA's time records created a
rebuttable presumption of meal period violations that supported
certification of the class.
In opposition to certification, VOALA contended the meal period
policy stated in its handbook fully complied with the law. It
further argued that its time records did not trigger a rebuttable
presumption under Donohue because wage statements showed employees
were automatically compensated for noncompliant meal periods. VOALA
also argued that the meal period subclasses were not susceptible to
common proof.
The trial court certified two subclasses after limiting their scope
and denied certification of the three remaining subclasses, all of
which related to meal period violations. It concluded the meal
period subclasses lacked commonality because VOALA's affirmative
defense of waiver would require individualized proof.
The Plaintiffs seek a preemptive writ of mandate. They contend the
trial court's ruling was inconsistent with Donohue. They also
assert that the trial court erred in limiting the scope of one of
the subclasses.
The Court of Appeals grants the Plaintiffs' petition in part. It
agrees that the trial court made an erroneous legal assumption in
determining that the mere pleading of waiver as an affirmative
defense was sufficient to show individual issues would predominate
as to the meal period subclasses. The Court of Appeals denies the
Plaintiffs' petition with respect to the Children's Services
Subclass, as substantial evidence supported the trial court's
conclusion that certification was proper only as to the locations
where the class representatives worked.
Respondent Los Angeles Superior Court is directed to vacate its
order denying certification as to the Meal Break Policy Subclass,
the Meal Break Electronic Timekeeping Premium Subclass, the Meal
Break Handwritten Timekeeping Premium Subclass, and the derivative
penalty subclasses. The trial court is further directed to
reconsider the Plaintiffs' class certification motion as to these
subclasses, consistent with the views expressed in the Opinion. In
all other respects, the petition is denied. The Petitioners are
awarded their costs on appeal.
A full-text copy of the Court's Opinion is available at
https://sl1nk.com/xvpyhld.
Capstone Law, Ryan H. Wu -- Ryan.Wu@capstonelawyers.com -- Melissa
Grant -- melissa.grant@capstonelawyers.com -- Bevin Allen Pike --
bpike@tomorrowlaw.com -- for Petitioners.
David Lee, Court Counsel, for Respondent.
Wolflick, Khachaturian & Bouayad, Gregory D. Wolflick --
greg@wolfsim.com -- and Theodore S. Khachaturian --
theo@wolfsim.com -- for Real Party in Interest Volunteers of
America of Los Angeles.
LANDRY'S INC: Campos Sues Over Breach of Consumer Trust
-------------------------------------------------------
Carlos Campos and Jennie Corona Cantu, individuals, on behalf of
themselves, the general public, and those similarly situated v.
LANDRY'S INC., Case No. 4:26-cv-04608 (N.D. Cal., May 15, 2026), is
brought concerning egregious violations of consumer privacy and a
breach of consumer trust in violation of California law.
When consumers visit Defendant's websites, bubbagump.com (the
"Bubba Gump Website"), chart-house.com, delfriscos.com,
delfriscosgrille.com, horatios.com, joescrabshack.com (the "Joe's
Crab Shack Website"), kincaids.com, mastrosrestaurants.com (the
"Mastro's Website"), mccormickandschmicks.com (the "McCormick
Website"), mortons.com (the "Morton's Website"), peohes.com,
rainforestcafe.com, rustypelican.com, and skatesonthebay.com (each
separately a "Website" and collectively, the "Websites"), Defendant
displays to them a popup cookie consent banner, which is
substantially similar on each of the Websites.
The Defendant's cookie banners disclose that the Websites use
cookies but expressly gives users the option to control how they
are tracked and how their personal data is used. Defendant assures
visitors that, rather than accepting cookies, they can instead opt
out of cookies by clicking a "Do Not Sell My Personal Information"
link, as shown in the following example screenshot from the Bubba
Gump Website.
Like most internet websites, Defendant designed the Websites to
include resources and programming scripts from third parties that
cause those parties to place cookies and other similar tracking
technologies on visitors' browsers and devices and/or transmit
cookies along with user data. Unlike many websites, however,
Defendant affirmatively represented that users could browse the
Websites without being tracked, followed, or targeted by
third-party data brokers and advertisers. Those representations
were false.
This type of tracking and data sharing is exactly what the
Websites' visitors sought to avoid when they adjusted the toggle
switch on the Websites' Manage Consent Preferences window to reject
all non-strictly necessary cookies (including Performance and
Targeting cookies) and the "Sale of Personal Data. Defendant
falsely told their Websites' users that it respected user privacy
choices and would refrain from tracking and data sharing when users
rejected cookies. Despite receiving clear notice of users' lack of
consent, Defendant ignored those choices and violated state
statutes and tort duties owed to Plaintiffs and those similarly
situated users of the Websites, says the complaint.
The Plaintiffs and other consumers in California visited the
Defendant's Websites.
The Defendant owns, operates, manages, and/or controls numerous
restaurant brands and affiliated Websites, including through
subsidiary and affiliated entities.[BN]
The Plaintiff is represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Todd Kennedy, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Phone: (415) 336-6545
Facsimile: (415) 449-6469
Email: seth@gutridesafier.com
marie@gutridesafier.com
todd@gutridesafier.com
LEE UNIVERSITY: Settlement Deal in Harris Gets Prelim Approval
--------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL HARRIS, et al.,
individually and on behalf of all others similarly situated, v. LEE
UNIVERSITY, Case No. 1:25-cv-00107 (E.D. Tenn.), the Hon. Judge
Curtis L. Collier entered a judgment that will grant the motion and
preliminarily approve the proposed Rule 23 settlement agreement.
The Court will appoint Kroll Settlement Administration LLC as
settlement administrator.
The Court will approve the proposed settlement notice plan and
opt-out/objection procedures and direct the settlement
administrator to provide notice of the proposed settlement to the
class members.
The Court will confirm the Plaintiffs' counsel as class counsel and
will appoint the Plaintiffs as class representatives.
The settlement agreement defines the class as:
"All persons whose Private Information was potentially
compromised in the Data Breach, including all individuals to
whom the Defendant sent an individual notification letter
regarding the Data Breach."
The agreement provides for a $1,750,000.00 settlement fund.
The action stems from a data breach that occurred on March 22,
2024, when an unknown actor gained access to the Defendant's
systems and accessed the private information of 136,928
individuals, including students, faculty, and staff.
The Defendant is a private Christian university in Cleveland,
Tennessee.
A copy of the Court's memorandum dated May 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=85uz5J at no extra
charge.[CC]
LENDIO INC: Jackson Files Suit in N.Y. Sup. Ct.
-----------------------------------------------
A class action lawsuit has been filed against Lendio, Inc., et al.
The case is styled as Taylor Jackson, Joseph Fontana, on behalf of
themselves and all others similarly situated v. Lendio, Inc., Brock
Blake and all other related entities and individuals, Case No.
610642/2026 (N.Y. Sup. Ct., Nassau Cty., May 15, 2026).
The nature of suit is stated as Other Torts (Wage and Hour).
Lendio -- https://www.lendio.com/ -- is the nation's leading small
business financing platform.[BN]
The Plaintiffs are represented by:
Michael Alexander Tompkins, Esq.
HERMAN KATZ, LLP
One Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
Email: mtompkins@leedsbrownlaw.com
LHASALING FEN: Zamacona Sues Over Unpaid Minimum, Overtime Wages
----------------------------------------------------------------
Francisco Zamacona, and other similarly situated workers v.
LHASALING FEN and SHA RU CORP., Case No. 1:26-cv-02930 (E.D.N.Y.,
May 15, 2026), is brought for unpaid minimum wages, unpaid overtime
compensation, unpaid spread-of-hours premiums, statutory penalties
for failure to provide wage notices and accurate wage statements,
liquidated damages, prejudgment interest, attorneys' fees, and
costs, arising under the Fair Labor Standards Act (the "FLSA"); the
New York Labor Law (the "NYLL"), as amended by the Wage Theft
Prevention Act (the "WTPA"); and the Hospitality Industry Wage
Order.
Throughout his employment, Plaintiff worked 12 hours per day, 6
days per week, for a total of 72 hours per workweek--32 of which
were overtime hours. The Defendants never paid Plaintiff the lawful
minimum wage. Defendants never paid Plaintiff an overtime premium
of one and one-half times his regular rate for hours worked over
forty in a workweek. Defendants never paid Plaintiff one additional
hour of pay at the minimum wage for any day on which his spread of
hours exceeded ten hours--even though every one of Plaintiff's
workdays had a twelve-hour spread. The Defendants' violations were
willful. They followed a deliberate cash-pay scheme designed to
suppress wages, avoid scrutiny, and deny Plaintiff and other
similarly situated workers the wages and protections owed under
federal and state law, says the complaint.
The Plaintiff worked for Defendants for four years as a non-exempt
restaurant worker performing dishwashing, delivery, cleaning,
cooking, and basic plumbing and maintenance duties at Defendants'
restaurant.
Sha Ru Corp. owns, operates, and/or does business as the
restaurant.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.StillmanLegalPC.com
LIBERTY MUTUAL: Seeks Leave to Supplement Record in Ward Suit
-------------------------------------------------------------
In the class action lawsuit captioned as ADAM WARD, on behalf of
himself and others similarly situated, v. LIBERTY MUTUAL INSURANCE
COMPANY, Case No. 1:24-cv-10526-BEM (D. Mass.), the Defendant asks
the Court to enter an order granting its motion for leave to
supplement the record with newly discovered evidence relevant to
Plaintiff's pending motion for class certification and in keeping
with its ongoing discovery obligations.
At the time of its initial disclosures, Liberty did not have access
to nor did it locate the information from the Wayback Machine
archives that it currently seeks to supplement.
Further, at the time of its responses to the Plaintiff's requests
for admission, Liberty had still not found or located the subject
screenshots. Lastly, despite its diligence, Liberty did not have
the evidence at issue in its possession at the time its Opposition
to the Plaintiff's motion to certify was due on March 9, 2026, the
Defendant avers.
Finally, the Plaintiff will not be prejudiced by the Court's
consideration of this newly discovery evidence since Liberty will
be using the evidence at the trial of either his individual claims
in the event class certification is denied or of the claims of any
certified class and it therefore should be part of the Court's
analysis of whether individual or common issues will predominate at
trial, the suit says.
The Plaintiff has moved, pursuant to Federal Rule of Civil
Procedure 23(b)(3), to certify two nationwide classes of
individuals on his Telephone Consumer Protection Act ("TCPA")
claims.
Liberty is a nationwide insurance company.
A copy of the Defendant's motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=A2kk7m at no extra
charge.[CC]
The Defendant is represented by:
Patrick S. Tracey, Esq.
Jacob Weinstein, Esq.
James A. Morsch, Esq.
SAUL EWING LLP
131 Dartmouth St., Suite 501
Boston, MA 02116
Telephone: (617) 912-0947
E-mail: patrick.tracey@saul.com
Jim.Morsch@saul.com
LINCOLN HOLDINGS: Johnson Files Suit in D. Columbia
---------------------------------------------------
A class action lawsuit has been filed against Lincoln Holdings LLC.
The case is styled as Ernessa Johnson, individually and on behalf
of all others similarly situated v. Lincoln Holdings LLC doing
business as: Monumental Sports and Entertainment, Case No.
1:26-cv-01639-JMC (D.D.C., May 13, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Lincoln Holdings LLC doing business as Monumental Sports &
Entertainment -- https://monumentalsports.com/ -- is an American
sports and venue management company founded by Ted Leonsis in June
2010.[BN]
The Plaintiff is represented by:
Mark Svensson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
405 East 50th Street
New York, NY 10022
Phone: (202) 975-0468
Email: msvensson@zlk.com
LIVEPERSON INC: Seeks Dismissal of Damri Second Amended Complaint
-----------------------------------------------------------------
Soundhound AI, Inc. filed a current report on Form 8-K, dated and
delivered to the Securities and Exchange Commission on May 27,
2026, that it is facing a suit over its disclosures regarding a
putative stockholder class action entitled "Damri v. LivePerson,
Inc.," No. 1:23-cv-10517, filed in December 2023 under the federal
securities laws against the company, its former Chief Executive
Officer, and its Chief Financial Officer in the United States
District Court for the Southern District of New York. On April 21,
2026, SoundHound AI, Inc. entered into a Merger Agreement and a
Notes Restructuring Agreement with LivePerson, Inc.
The complaint alleges that the company's Form 10-Q filings and
forecasts for the first, second, and third quarters of fiscal year
2022 were false and misleading in violation of Section 10(b) of the
Securities Exchange Act of 1934, based on the company's later
disclosures and report on Form 10-K on March 16, 2023. In May 2024,
the plaintiff filed an amended complaint.
The company moved to dismiss the amended complaint in August 2024,
and in March 2025, the court granted its motion and dismissed the
action with prejudice. In April 2025, the plaintiff appealed the
decision to the Court of Appeals for the Second Circuit, and in
March 2026, the dismissal was affirmed but the case was remanded to
the district court with leave for the plaintiff to try to replead
his complaint. A second amended complaint was filed, and the
parties are currently briefing a renewed motion to dismiss.
Separately, a parallel litigation on behalf of stockholders who
purchased their shares on the Tel Aviv Stock Exchange, entitled
Weissbrod v. LivePerson, Inc., is pending in the Tel Aviv District
Court in Israel. This action has been stayed pending further
developments in the Damri case.
Soundhound AI, Inc. is a technology company specializing in voice
artificial intelligence solutions that enable natural,
conversational interactions between people and devices. The company
provides voice AI platforms and products for automotive,
enterprise, and consumer applications.
LOUISIANA: Appeals Class Cert. Order in Humphrey Suit to 5th Cir.
-----------------------------------------------------------------
JAMES M. LEBLANC is taking an appeal from a court order granting in
part and denying in part the Plaintiffs' motion to certify class in
the lawsuit entitled Brian Humphrey, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. James M.
LeBlanc, Secretary, Department of Public Safety and Corrections, in
his official capacity as Secretary of the Louisiana Department of
Public Safety & Corrections, Defendant, Case No. 3:20-cv-233, in
the U.S. District Court for the Middle District of Louisiana.
As previously reported in the Class Action Reporter, the suit, is
brought against the Defendant for alleged violation of civil
rights.
On July 21, 2022, the Plaintiffs filed a motion to certify class,
which Judge John W. deGravelles granted in part and denied in part
on Sept. 22, 2025. The motion is granted in that a class will be
certified as follows: All persons who have been remanded to the
custody of the Department of Public Safety and Corrections (DOC)
since April 16, 2019, and who were entitled to release at the time
of their remand (either pursuant to sentencing or parole
revocation), but who were released by the DOC more than 48 hours
past the date that they were remanded to the DOCs custody due to
the Defendants failure to implement and maintain an adequate
process for timely releasing inmates. The motion is denied in that
claims for emotional distress and mental anguish shall be severed.
The appellate case is styled as Humphrey v. LeBlanc, Case No.
26-30301, in the United States Court of Appeals for the Fifth
Circuit, filed on May 22, 2026. [BN]
Plaintiffs-Appellees BRIAN HUMPHREY, et al., individually and on
behalf of others similarly situated, are represented by:
Michael Allen, Esq.
PROMISE OF JUSTICE INITIATIVE
1024 Elysian Fields Avenue
New Orleans, LA 70117
Telephone: (504) 529-5955
Defendant-Appellant JAMES M. LEBLANC, Secretary, Department of
Public Safety and Corrections, in his official capacity as
Secretary of the Louisiana Department of Public Safety &
Corrections, is represented by:
Elizabeth Lauren Brown, Esq.
LOUISIANA DEPARTMENT OF JUSTICE
1885 N. 3rd Street
Baton Rouge, LA 70802
Telephone: (225) 406-1864
LPC SURVIVAL: Class Cert Bid Filing Continued to Sept. 9
--------------------------------------------------------
In the class action lawsuit captioned as NATHAN GAINES,
individually and on behalf of all those similarly situated, v. LPC
SURVIVAL, LTD D/B/A US BERKEY FILTERS, Case No. 2:25-cv-09291-JFW-E
(C.D. Cal.), the Hon. Judge Walter entered an order granting the
Plaintiff's ex parte application to continue class certification
and mediation deadlines as follows:
1. The Plaintiff's motion for class certification shall be
continued from June 9, 2026, and now filed on or before Sept.
9, 2026.
2. The Defendant's opposition to the Plaintiff's motion for class
certification shall be filed on or before Oct. 7, 2026.
3. The Plaintiff's reply in support of his motion for class
certification shall be filed on or before Oct. 21, 2026.
4. The hearing on the Plaintiff's motion for class certification
shall be set Nov. 9, 2026, at 1:30 p.m.
The Defendant specializes in Berkey water filtration and
purification systems.
A copy of the Court's order dated May 19, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=K2P2l8 at no extra
charge.[CC]
LUME DEODORANT: Moon Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Shalon Moon, individually and on behalf of
all others similarly situated v. LUME DEODORANT, LLC and DOES 1
through 10, inclusive, Case No. 26STCV10405 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the United States District Court for Central District of
California on May 14, 2026, and assigned Case No. 2:26-cv-05187.
In the Complaint, Plaintiff seeks injunctive relief, restitution,
actual and punitive damages, pre- and post-judgment interest,
attorneys' fees and costs of this suit. The Plaintiff brings her
claims based on California's False Advertising Law (Business and
Professions Code Section 17500), California's Unfair Competition
Law (Business and Professions Code Section 17500), and California's
Consumers Legal Remedies Act (Civil Code Section 1750).[BN]
The Defendants are represented by:
Tyler G. Newby, Esq.
Nikki Seichepine, Esq.
FENWICK & WEST LLP
One Front Street, 33rd Floor
San Francisco, CA 94111
Phone: 415.875.2300
Facsimile: 415.281.1350
Email: tnewby@fenwick.com
nseichepine@fenwick.com
- and -
Janie Yoo-Scott, Esq.
FENWICK & WEST LLP
1155 F Street NW, 12th Floor
Washington, DC 20001
Phone: 202.970.3000
Email: jyooscott@fenwick.com
M&D NY RESTAURANT: Bernal Sues Over Unpaid Minimum Wages
--------------------------------------------------------
Ruben Bernal, on behalf of himself and others similarly situated v.
M&D NY RESTAURANT, INC., d/b/a GUSTO DIVINO TRATTORIA and MIRSAD
GLAVATOVIC, Case No. 2:26-cv-02924 (E.D.N.Y., May 15, 2026), is
brought under the Fair Labor Standards Act ("FLSA") as a result of
unpaid minimum wages.
The Plaintiff was paid for his hours worked at the New York
foodservice workers' minimum wage, which is lower than the full NY
minimum wage. However, Defendants were not entitled to pay
Plaintiff pursuant to the foodservice workers' minimum wage because
they did not give Plaintiff notice of the tip credit. The
Defendants frequently failed to distribute all of Plaintiff and
other service employees' tips and instead required them to share
tips with Defendant Glavatovic. The Defendants knew that improperly
forcing Plaintiff and Collective Members to share their tips with
management would economically injure Plaintiff and Collective
Members and violated federal and state laws, says the complaint.
The Plaintiff worked for Defendants as a server from September 2017
to March 2026.
M&D NY Restaurant, Inc. is a New York corporation and owns and
operates Gusto Divino Trattoria, located in Seaford, New York.[BN]
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
Lucas C. Buzzard, Esq.
JOSEPH & KIRSCHENBAUM LLP
45 Broadway, Suite 320
New York, NY 10006
Phone: (212) 688-5640
Fax: (212) 981-9587
MARRIOTT INTERNATIONAL: Gresham Appeals Judgment in Salazar Suit
----------------------------------------------------------------
DARREN GRESHAM is taking an appeal from a court judgment in the
lawsuit entitled Vivian Salazar, et al., individually and on behalf
of all others similarly situated, Plaintiffs, v. Marriott
International, Inc., Defendant, Case No. 3:23-cv-06664-WHO, in the
U.S. District Court for the Northern District of California.
The suit is brought against the Defendant over alleged violation of
the Americans with Disabilities Act (ADA).
On Oct. 6, 2025, the Defendant filed a motion for summary judgment,
which Judge William H. Orrick granted on Mar. 9, 2026.
The Court ruled that there is no dispute of material fact that
Plaintiff Paul Merrell lacks standing and Marriott's website met
ADA standards for Merrell's purposes.
On Apr. 8, 2026, Paul Merrell appealed the Mar. 9 Order.
On Apr. 20, 2026, Judge Orrick entered judgment in favor of the
Defendant.
The appellate case is styled as Salazar, et al. v. Marriott
International, Inc., Case No. 26-3199, in the United States Court
of Appeals for the Ninth Circuit, filed on May 19, 2026.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on May 26,
2026;
-- Appellant's Appeal Transcript Order was due on May 28, 2026;
-- Appellant's Appeal Transcript is due on June 29, 2026;
-- Appellant's Opening Brief is due on August 6, 2026; and
-- Appellee's Answering Brief is due on September 8, 2026. [BN]
Intervenor-Appellant DARREN GRESHAM, individually and on behalf of
all others similarly situated, is represented by:
Thiago Coelho, Esq.
Chumahan Benjamin Bowen, Esq.
Jesenia Martinez, Esq.
WILSHIRE LAW FIRM, PLC
660 S. Figueroa Street, Sky Lobby
Los Angeles, CA 90017
- and -
Jennifer Leinbach, Esq.
WILSHIRE LAW FIRM, PLC
3055 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90010
Defendant-Appellee MARRIOTT INTERNATIONAL, INC. is represented by:
Alex Donald Terepka, Esq.
Matthew A. Keilson, Esq.
WATSTEIN TEREPKA, LLP
75 14th Street NE, Suite 2600
Atlanta, GA 30309
MARRIOTT RESORTS: Garcia Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Juan Garcia, individually, and on behalf of
other members of the general public similarly situated v. MARRIOTT
RESORTS HOSPITALITY CORPORATION, a limited liability company; and
DOES 1 through 10, inclusive, Case No. C26-01211 was removed from
the Superior Court of the State of California for the County of
Contra Costa, to the United States District Court for Northern
District of California on May 14, 2026, and assigned Case No.
4:26-cv-04564.
On April 8, 2026, the Plaintiff commenced an action against MRHC by
filing a Complaint in the Superior Court of California for the
County of Contra Costa asserting causes of action for failure to
pay minimum wages, failure to pay overtime wages, failure to
provide meal periods, failure to authorize and permit rest periods,
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:
Kenneth D. Sulzer, Esq.
Alexander T. Marx, Esq.
Nicolas W. Tomas, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
2029 Century Park East, Suite 1100
Los Angeles, CA 90067
Phone: 310-909-7775
Email: ksulzer@constangy.com
amarx@constangy.com
ntomas@constangy.com
- and -
Barbara I. Antonucci, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
601 Montgomery Street, Suite 350
San Francisco, CA 94111
Phone: 415-918-3000
Email: bantonucci@constangy.com
MARSHFIELD CLINIC: Class Cert Bid Filing Due June 11, 2027
----------------------------------------------------------
In the class action lawsuit captioned as LISA MARTIE PETTIS and
HOLLY MATHEWS, Individually and on behalf of all others similarly
situated, v. MARSHFIELD CLINIC HEALTH SYSTEM, INC., Case No.
26-cv-105-jdp (W.D. Wis.), the Hon. Judge Boor entered a
preliminary pretrial conference order as follows:
-- Amendments to the pleadings: July 8, 2026
-- Disclosure of experts
Plaintiffs/Proponents: Feb. 2, 2026
Defendants/Respondents: April 2, 2026
-- Motions & briefs to certify class: June 11, 2027
-- Deadline for filing dispositive Nov. 18, 2027
motions:
-- Discovery Cutoff: Feb. 18, 2028
-- Trial: May 1, 2028
Marshfield is a health care system with over 50 locations in
northern, central, and western Wisconsin.
A copy of the Court's order dated May 21, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dNxwAa at no extra
charge.[CC]
MARSHFIELD CLINIC: Class Cert. Bids in Frank Due June 11, 2027
--------------------------------------------------------------
In the class action lawsuit captioned as GRETCHEN FRANK, on behalf
of herself and all others similarly situated, v. MARSHFIELD CLINIC,
INC., Case No. 3:26-cv-00125-jdp (W.D. Wis.), the Hon. Judge Boor
entered a preliminary pretrial conference order as follows:
-- Amendments to the pleadings: July 8, 2026
-- Disclosure of experts
Plaintiffs/Proponents: Feb. 2, 2026
Defendants/Respondents: April 2, 2026
-- Motions & briefs to certify class: June 11, 2027
-- Deadline for filing dispositive Nov. 18, 2027
motions:
-- Discovery Cutoff: Feb. 18, 2028
-- Trial: May 1, 2028
Marshfield is a health care system with over 50 locations in
northern, central, and western Wisconsin.
A copy of the Court's order dated May 21, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8mMdWS at no extra
charge.[CC]
MASSACHUSETTS: Parties in Green Suit Must Submit Status Report
--------------------------------------------------------------
In the class action lawsuit captioned as Green, et al., v.
Massachusetts Department of Correction, et al., Case No.
1:21-cv-11504 (D. Mass., Filed Sept. 14, 2021), the Hon. Judge
George A. Otoole, Jr. entered an order that the parties shall
confer and submit a detailed joint status report.
To the extent that the parties believe additional scheduling
deadlines are necessary, including for class certification
briefing, they shall propose a joint schedule. (FGD)
The nature of suit states Civil Rights.
The Department of Correction oversees the state prison system,
managing 13 institutions across the state.[CC]
MDL 1917: Decertification of IPP and DPP Classes Sought
-------------------------------------------------------
In the class action lawsuit re Re: Cathode Ray Tube (CRT) Antitrust
Litigation (MDL 1917), Case No. 4:07-cv-05944-JST (N.D. Cal.), the
Defendants, on July 16, 2026 at 2:00 p.m., will move to decertify
the Indirect Purchaser ("IPP") and Direct Purchaser ("DPP") Classes
under Rule 23 and to vacate entry of default against Irico under
Rule 55(c).
The Motion is advanced on the ground that the IPP and DPP experts'
models do not exclude class members who have suffered no Article
III injury, thus requiring the Court to vacate the default in favor
of the classes and to decertify them.
On Nov. 22 and 25, 2024, the Clerk of the Court entered default
against Irico with respect to both the IPPs, and DPPs, based on the
Court's conclusions that Irico committed discovery abuses. That
default should be vacated under Rule 55(c) to the extent that it is
employed to hold Irico liable to uninjured named plaintiffs or
absent class members, as TransUnion forbids.
The Court certified the IPP class more than a decade ago on Sept.
24, 2013, before Irico reentered the case, and certified the DPP
class on Aug. 1, 2022.
A copy of the Defendants' motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=31JwU9 at no extra
charge.[CC]
The Defendants are represented by:
Jeffrey Margulies, Esq.
Kaylee Yang, Esq.
Geraldine Young, Esq.
NORTON ROSE FULBRIGHT US LLP
One Embarcadero Center, Suite 1050
San Francisco, CA 94111
Telephone: (213) 892-9200
Facsimile: (213) 892-9494
E-mail: jeff.margulies@nortonrosefulbright.com
kaylee.yang@nortonrosefulbright.com
geraldine.young@nortonrosefulbright.com
MENESES LAW: Acosta Sues Over Scheme to Defraud Immigrants
----------------------------------------------------------
Reyna Angeles Acosta, individually and on behalf of all others
similarly situated v. MENESES LAW, PLLC, a Texas Professional
Limited Liability Company; MENESES ENTERPRISES, LLC, a Limited
Liability Company; FRANCES CHRISTINE MENESES, an individual; and
JULIO CARLOS MENESES, an individual; and ROBERT VICTOR TORREY, an
individual; Case No. 4:26-cv-03930 (S.D. Tex., May 16, 2026), is
brought against the Defendants for fee disgorgement, restitution,
and damages arising from the Defendants' systematic scheme to
defraud vulnerable immigrants through a high-volume immigration
filing operation disguised as a legitimate law practice.
Meneses Law operated as a high-volume VAWA (Violence Against Women
Act) filing mill, processing hundreds if not thousands of
immigration petitions through a standardized, assembly-line system
designed to maximize revenue while minimizing meaningful legal
representation. The firm's entire business model was built upon
concealment, fabrication, and the systematic exploitation of
vulnerable, predominantly Spanish speaking immigrants who were
desperate to obtain legal status in the United States.
The Defendants' scheme was not an isolated failure of professional
responsibility. It was a deliberate, profit-driven enterprise
designed to exploit the intersection of immigration desperation and
legal complexity. Defendants knew that their predominantly
undocumented, Spanish-speaking clients would be unlikely to
discover the true nature of the filings made on their behalf,
unlikely to understand the legal and criminal consequences of those
filings, and unlikely to have the resources or knowledge to seek
recourse.
The Plaintiff brings this action on behalf of herself and all
others similarly situated to recover all fees paid to Defendants,
to obtain treble damages under RICO, to obtain exemplary damages,
and to secure injunctive and declaratory relief to prevent
Defendants from continuing their scheme and to protect class
members from retaliation or adverse immigration consequences
arising from their participation in this litigation, says the
complaint.
The Plaintiff is a single mother whose adult son, Giovanni, is a
United States citizen over the age of twenty-one.
Meneses Law, PLLC is a Texas Professional Limited Liability Company
that holds itself out as an immigration law firm.[BN]
The Plaintiff is represented by:
Robert Anthony Alvarez, Sr., Esq.
AVANTI LAW GROUP, PLLC
600 28th St. SW
Wyoming, MI 49509
Phone: (616) 257-6807
Email: ralvarez@avantilaw.com
- and -
Jonathon A. Munoz
LAW NERD LLC
2112 S. Shary Rd., Ste. 13
Mission, TX 78572
Email: lawnerdllc@gmail.com
MERCHANT CAPITAL: Summ. Judgment Against Ohana Counterclaim Upheld
------------------------------------------------------------------
In the case, MONTANA WEINER AND OHANA CONSTRUCTION & PROPERTY
MAINTENANCE, LLC, Appellants, v. MERCHANT CAPITAL GROUP, LLC, D/B/A
GREENBOX CAPITAL, Appellee, Case No. CV-24-777 (Ark. App.), Judge
Raymond R. Abramson of the Court of Appeals of Arkansas, Division
II, affirms the order of the Benton County Circuit Court granting
summary judgment in favor of Greenbox on their counterclaim.
Ohana is a construction company, and Weiner owns Ohana and founded
the company in 2016. Greenbox provides businesses with short-term
financing such as merchant cash advances.
On August 7, 2018, Ohana agreed to sell $12,012 in future
receivables to Greenbox for an upfront payment of $8,400. Based on
Ohana’s average monthly sales of $27,607, the agreement required
remittance of about 9.7% of daily receivables through daily ACH
withdrawals of $130.57 until the purchased amount was collected.
Although Ohana could request an adjustment based on actual sales,
Greenbox had sole discretion to approve any change, and Weiner
personally guaranteed the agreement.
The agreement also gave Greenbox extensive control over Ohana's
business, including power of attorney over its bank and credit-card
processor, priority rights in its assets, access to business
records and operations, restrictions on transferring receivables,
changing the business name or location, or temporarily closing, and
the right to inspect the business and interview employees. Ohana
was also required to continue operating consistent with its past
practices.
On February 4, 2020, Greenbox filed a lawsuit against Ohana and
Weiner alleging that they had breached the agreement by failing to
pay $10,021.25 plus accrued interest of $887.91. On March 6, Ohana
and Weiner filed a counterclaim against Greenbox. The counterclaim
included class-action claims and alleged that the agreement with
Greenbox violated the Arkansas Securities Act and is, therefore,
void ab initio. Ohana and Weiner sought to rescind the agreement,
recover the money paid to Greenbox, and collect any origination fee
or commissions that were paid to Greenbox.
On May 6, Greenbox moved to dismiss the counterclaim, arguing in
relevant part that the purchase of future receivables for a lump
sum did not constitute a security under the Arkansas Securities
Act.
On August 21, the circuit court entered an amended order granting
Greenbox's motion to dismiss without prejudice.
On September 22, 2021, the circuit court held a bench trial on
Greenbox's claim against Ohana and Weiner, and on October 18, the
court entered an order granting Ohana and Weiner's directed-verdict
motion. In the order granting their directed-verdict motion, the
court found that Greenbox failed to prove that Ohana had breached
the agreement. The court also found that the agreement lacked
mutuality of obligations and was unconscionable because the
agreement charged a default fee without an accounting for a
reduction of principal. The court further concluded that because
the agreement did not contain a certain payoff date, the agreement
was not a note under Arkansas law.
On November 16, Ohana and Weiner appealed to the Court of Appeals
the circuit court's order dismissing their counterclaim against
Greenbox. On appeal, they argued that the circuit court erred by
dismissing their counterclaim against Greenbox because the
agreement qualified as a security under the Arkansas Securities
Act.
On February 21, 2024, the Court of Appeals court reversed and
remanded the case to the circuit court. It held that the circuit
court erroneously applied only the five-factor Smith test to
determine whether the agreement qualified as a security instead of
the flexible, all-inclusive test from Schultz v. Rector
Phillips-Morse, Inc., 261 Ark. 769, 552 S.W.2d 4 (1977), as
provided in Waters v. Millsap, 2015 Ark. 272, 465 S.W.3d 851.
On remand, on June 24, 2024, Greenbox moved for summary judgment on
Ohana and Weiner's counterclaim and again argued that the agreement
was not a security within the meaning of the Arkansas Securities
Act.
On July 31, the circuit court held a hearing on the
summary-judgment motion and on August 9, it court entered an order
granting summary judgment in favor of Greenbox on Weiner and
Ohana's counterclaim.
On August 26, Weiner and Ohana again appealed. On appeal, they
argue that the circuit court erred by granting Greenbox's
summary-judgment motion and dismissing their counterclaim because
the relevant factors show that the agreement in the case is a
security under the Arkansas Securities Act.
Judge Abramson is unpersuaded by their argument. He opines that
Greenbox provided Ohana with funds; thus, the securities laws were
enacted to protect parties like Greenbox, not Ohana. As to their
sophistication, Ohana and Greenbox are both corporate entities.
Further, Weiner entered into the agreement as Ohana's owner, and he
was a residential real estate agent from 2006 through 2018 and is
an officer for Ohana and another construction company. The Court of
Appeals agrees with the circuit court's conclusion that even though
Greenbox may have been more sophisticated, which is the case in
most lending situations, Ohana and Weiner are not unsophisticated
parties that the Arkansas Securities Act was designed to protect.
Accordingly, in giving an expansive review of the entire
transaction as set forth in Schultz—especially considering the
sophistication of the parties and the purpose of the Arkansas
Securities Act—as well as a consideration of the factors in the
Smith test and the family-resemblance test, Judge Abramson holds
that the circuit court did not err in finding that the agreement is
not a security. Therefore, the circuit court's grant of summary
judgment in favor of Greenbox is affirmed.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/5mknvhx.
RMP LLP, by: Timothy C. Hutchinson -- thutchinson@rmp.law -- and
Mallory D. Shamoon, for appellants.
Rose Law Firm, by: E. Joseph McGehee and Tyler D. Mlakar, for
appellee.
MOBIUSPAY INC: Flexsenal Seeks Class Certification
--------------------------------------------------
In the class action lawsuit captioned as FLEXSENAL INC. and MASTER
FACTOR MARKETING INC., v. MOBIUSPAY INC., NAB-CW LLC d/b/a CWA
MERCHANT SERVICES, MERRICK BANK, and DOES 1 through 10, Case No.
5:24-cv-02582-DTB (C.D. Cal.), the Plaintiffs, on June 18, 2026 at
10:00 a.m., will move for certification of the California Subclass
and Nationwide Issue Class before the Honorable David T. Bristow.
The Plaintiffs request that the Court:
(1) certify the California Subclass under Rules 23(a) and
23(b)(3), and certify the Nationwide Issue Class under Rules
23(a) and 23(c)(4);
Nationwide Issue Class
"All persons or entities in the United States who: (1)
entered into a MobiusPay Merchant Application with
Defendants; (2) maintained a merchant account in connection
with that Merchant Application; (3) had their merchant
account terminated; and (4) were assessed an early
termination fee ("ETF") that was collected by deducting
funds from a reserve account."
California Subclass
"All persons or entities who reside in California or whose
principal place of business is in California who: (1)
entered into a MobiusPay Merchant Application ("Merchant
Application") with the Defendants; (2) maintained a merchant
account with the Defendants in connection with that Merchant
Application; (3) had their merchant account terminated; and
(4) were assessed an ETF that was collected by deducting
funds from their reserve account; (5) where the applicable
Merchant Application did not disclose an ETF or any method
for calculating such a fee."
(2) appoint Flexsenal Inc. as representative of the California
Subclass and the Nationwide Issue Class;
(3) appoint Rome LLP as counsel for the California Subclass and
the Nationwide Issue Class; and
(4) direct the Parties to jointly submit a proposed Notice Plan
within 60 days of the Court's Order granting this Motion.
The Defendants allegedly imposed ETFs through a centralized process
that deducted funds from merchant reserve accounts, and the
Defendants' records identify those amounts as "pulled from
reserve."
MobiusPay is an online merchant processing company.
A copy of the Plaintiffs' motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wKX3Mb at no extra
charge.[CC]
The Plaintiffs are represented by:
Eugene Rome, Esq.
Bradley Cebeci, Esq.
Elizabeth B. Rocha, Esq.
ROME LLP
2029 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 282-0690
Facsimile: (310) 282-0691
E-mail: erome@romellp.com
bcebeci@romellp.com
erocha@romellp.com
The Defendant is represented by:
Barbara Croutch, Esq.
Lawren A. Zann, Esq.
Naira M. Castilhos, Esq.
GREENSPOON MARDER LLP
1875 Century Park East, Suite 1900
Los Angeles, CA 90067
Telephone: (323) 776-3130
Facsimile: (954) 771-9264
E-mail: barbara.croutch@gmlaw.com
lawren.zann@gmlaw.com
naira.castilhos@gmlaw.com
- and -
Reza Ramin Dibadj, Esq.
PARK AND DIBADJ LLP
San Francisco, CA 94164
Telephone: (650) 383-7397
E-mail: reza@parkdibadj.com
MONDAY.COM LTD: Scott+Scott Named Lead Counsel in Securities Suit
-----------------------------------------------------------------
In the case captioned as Ben Potter, individually and on behalf of
all others similarly situated, Plaintiff, v. Monday.com Ltd. et
al., Defendants, Civil Action No. 26-CV-1956 (JMF) (S.D.N.Y.),
Judge Jesse M. Furman of the United States District Court for the
Southern District of New York appointed Steve Quinn as lead
plaintiff and approved Scott+Scott and the Schall Law Firm as lead
counsel in a putative securities class action.
On March 10, 2026, Plaintiff filed a putative class action on
behalf of all investors who purchased or otherwise acquired
Monday.com common stock between September 17, 2025, and February 6,
2026. The complaint alleges violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
Five movants filed competing motions for appointment as lead
plaintiff pursuant to the Private Securities Litigation Reform Act
of 1995. One movant later withdrew, and another implicitly
abandoned his motion by failing to file any opposition, leaving
three: Samir Sheikh, Steve Quinn, and John Farrell.
The court applied the four Lax factors to determine the largest
financial interest: the number of shares purchased, the number of
net shares purchased, total net funds expended during the class
period, and approximate losses suffered. The court treats the size
of the loss as the most important factor.
The court found that Quinn held the largest financial interest.
Farrell's midstream attempt to recalculate losses under Dura
Pharmaceuticals, Inc. v. Broudo principles was rejected as
unsubstantiated. The court further found that even under the Dura
LIFO method, Quinn remained the biggest loser among the movants.
The court also addressed a challenge by Sheikh, who cited public
records suggesting Quinn had criminal infractions. Quinn's reply
clarified that he is Stephen Joseph Quinn, 61 years old, a Senior
Vice President at a software development company, and a stock
market investor of approximately 30 years, and is not the
individual referenced in Sheikh's opposition. The court found Quinn
otherwise satisfies the requirements of Rule 23.
Accordingly, the court appointed Quinn as lead plaintiff, canceled
the May 27, 2026 hearing as unnecessary, and directed lead counsel
and defendant to confer and file a stipulation and proposed
schedule no later than two weeks from the date of this Memorandum
Opinion and Order.
A Copy of the Court's Opinion is available at
https://urlcurt.com/u?l=9Zekkl from PacerMonitor.com
MONDELEZ INTERNATIONAL: Qutami Suit Removed to C.D. California
--------------------------------------------------------------
The case captioned as Rateb Qutami, individually and on behalf of
all others similarly situated v. MONDELEZ INTERNATIONAL, INC., an
Illinois corporation, INTERCONTINENTAL GREAT BRANDS, LLC, a limited
liability company, and DOES 1 – 20 inclusive, Case No.
26STCV10392 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for Central District of California on May 13, 2026, and
assigned Case No. 2:26-cv-05179.
The Complaint alleges that Defendants, in violation of California's
Unfair Competition Law, False Advertising Law, and California
Consumers Legal Remedies Act, "falsely and deceptively" advertise
their dietary supplement drop products (the "Products") as being
naturally flavored, despite containing the artificial flavoring
ingredient citric acid. The Complaint alleges that Defendants knew
consumers would pay more "for natural, healthy products without any
artificial flavors" and intended for consumers to rely on this
representation.[BN]
The Defendants are represented by:
Jason Stiehl, Esq.
CROWELL & MORING LLP
455 N. Cityfront Plaza Drive, Suite 3600
Chicago, IL 60611
Phone: 312.321-4200
Facsimile: 312.321.4299
Email: jstiehl@crowell.com
- and -
Jazmine Buckley, Esq.
CROWELL & MORING LLP
515 South Flower Street, 40th Floor,
Los Angeles, CA 90071
Phone: 213.622.4750
Facsimile: 213.622.2690
Email: jbuckley@crowell.com
MONTANA: Johnson Suit Removed to D. Montana
-------------------------------------------
The case captioned as Zoe Johnson, Annette Claflin, for herself and
all others similarly situated v. State of Montana, Montana
Department of Public Health and Human Services; Case No.
DV-32-2026-254 was removed from the Montana Fourth Judicial
District Court, Missoula County, to the U.S. District Court for the
District of Montana on May 14, 2026.
The District Court Clerk assigned Case No. 9:26-cv-00071-KLD to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Montana -- https://mt.gov/ -- is a western state defined by its
diverse terrain ranging from the Rocky Mountains to the Great
Plains.[BN]
The Plaintiffs are represented by:
Andres Haladay, Esq.
UPPER SEVEN LAW
PO Box 31
Helena, MT 59624
Phone: (406) 219-7722
Email: andres@uppersevenlaw.com
- and -
Molly E. Danahy, Esq.
P.O. Box 51
Helena, MT 59624
Phone: (347) 921-2114
Email: molly@uppersevenlaw.com
- and -
Rachel Elizabeth Parker, Esq.
Raphael Graybill, Esq.
GRAYBILL LAW FIRM
300 4th St. North
Great Falls, MT 59401
Phone: (406) 291-6169
Email: rachel@graybilllawfirm.com
raph@graybilllawfirm.com
The Defendant is represented by:
Matthew B. Hayhurst, Esq.
Thomas J. Leonard, Esq.
BOONE KARLBERG, P.C.
201 West Main Street, Suite 300
PO Box 9199
Missoula, MT 59807-9199
Phone: (406) 543-6646
Fax: 549-6804
Email: mhayhurst@boonekarlberg.com
tleonard@boonekarlberg.com
- and -
Kyla Nunez, Esq.
MANATT, PHELPS & PHILLIPS
1215 K Street, Suite 1900
Sacramento, CA 95814
Phone: (916) 552-2304
Fax: (916) 552-2323
Email: knunez@manatt.com
NEXTGEN LEADS LLC: Rivera Files TCPA Suit in S.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Nextgen Leads LLC.
The case is styled as Carmen Rivera, individually and on behalf of
all others similarly situated v. Nextgen Leads LLC doing business
as: Firstquote Health, Case No. 3:26-cv-03049-RBM-JAC (S.D. Cal.,
May 15, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Nextgen Leads LLC -- https://nextgenleads.com/ -- generate
high-quality health insurance, auto insurance, and Medicare
leads.[BN]
The Plaintiff is represented by:
Scott Adam Edelsberg, Esq.
EDELSBERG LAW PA
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
O. MUSTAD & SON: Bennett Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Livingston Bennett, on behalf of herself and all others similarly
situated v. O. MUSTAD & SON AMERICAS, INC., Case No. 1:26-cv-05702
(N.D. Ill., May 15, 2026), is brought against Defendant for its
failure to design, construct, maintain, and operate its Website
https://mustad-fishing.com/us (hereinafter "Website" or "the
Website") to be fully accessible to and independently usable by
Wood and other blind or visually-impaired individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. The Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a wide selection of fishing gear, including
hooks, lures, jig heads, fishing lines, pliers, knives, tackle
storage, apparel, and other fishing accessories.[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
OPTUMRX INC: Appeals Arbitration & Class Cert. Order in Lackie Suit
-------------------------------------------------------------------
OPTUMRX, INC. is taking an appeal from a court order denying in
part its motion to stay pending arbitration and to deny class
certification and granting the Plaintiff's motion to compel in the
lawsuit entitled Lackie Drug Store, Inc., individually and on
behalf of and all others similarly situated, Plaintiff v. OptumRx,
Inc., Defendant, Case No. 4:20-cv-01515-JM, in the U.S. District
Court for the Eastern District of Arkansas.
The Plaintiff filed this suit against the Defendants for violations
of the Arkansas Deceptive Trade Practices Act, the Trade Practices
Act, and the Unfair Practices Act, conspiracy, and declaratory
relief.
On Nov. 4, 2025, the Plaintiff filed a motion to compel. On the
same day, the Defendant filed a motion to stay pending arbitration
and to deny class certification.
On Apr. 29, 2026, Judge James M. Moody Jr. entered an Order
granting the Plaintiff's motion to compel and granting in part and
denying in part the Defendant's motion to stay pending arbitration
and to deny class certification.
The Court finds OptumRx has waived its right to arbitrate the class
claims under Counts I through III. The Court denies OptumRx's
motion to deny class certification. The Court grants OptumRx's
motion to stay the proceedings pending arbitration of Counts IV and
V.
The appellate case is captioned Lackie Drug Store, Inc. v. OptumRx,
Inc., Case No. 26-1976, in the United States Court of Appeals for
the Eighth Circuit, filed on May 19, 2026. [BN]
Plaintiff-Appellee LACKIE DRUG STORE, INC. is represented by:
Preston Tull Eldridge, Esq.
ELDRIDGE LAW FIRM
407 President Clinton Avenue, Suite 201
Little Rock, AR 72201
Telephone: (501) 940-8510
- and -
Robert Clay Ellis, II, Esq.
Scott E. Poynter, Esq.
POYNTER LAW GROUP
4924 Kavanaugh Boulevard
Little Rock, AR 72207
Telephone: (501) 812-3943
- and -
Rodney Paul Moore, I, Esq.
WRIGHT & LINDSEY
200 W. Capitol Avenue, Suite 2300
Little Rock, AR 72201
Telephone: (501) 371-0808
- and -
Darren O'Quinn, Esq.
LAW OFFICES OF DARREN O'QUINN
36 Rahlings Circle, Suite 4
Little Rock, AR 72223
Telephone: (501) 817-3124
- and -
Sean F. Rommel, Esq.
James Clark Wyly, Esq.
WYLY & ROMMEL
4004 Texas Boulevard
Texarkana, TX 75503
Telephone: (903) 334-8646
- and -
John R. Whaley, Esq.
NEBLETT & BEARD
P.O. Box 1190
Alexandria, LA 71309
Telephone: (318) 487-9874
Defendant-Appellant OPTUMRX, INC. is represented by:
Katherine Maddox Davis, Esq.
Marquan A. Robertson, Esq.
Geoffrey Manson Sigler, Esq.
GIBSON & DUNN
1700 M Street, N.W.
Washington, DC 20036
Telephone: (202) 955-8500
- and -
Megan D. Hargraves, Esq.
Graham C. Talley, Esq.
MITCHELL & WILLIAMS
425 W. Capitol Avenue, Suite 1800
Little Rock, AR 72201
Telephone: (501) 688-8800
OSHKOSH CORP: Fullerton Suit Transferred to E.D. Wisconsin
----------------------------------------------------------
The case captioned as The City of Fullerton, individually and on
behalf of all others similarly situated v. Oshkosh Corp., REV
Group, Inc., Boise Mobile Equipment, Inc., et al., Case No.
8:26-cv-00956 was transferred from the U.S. District Court for the
Central District of California to the U.S. District Court for the
Eastern District of Wisconsin on May 15, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00813-WCG to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Oshkosh Corporation -- https://www.oshkoshcorp.com/ -- formerly
Oshkosh Truck, is an American industrial company that designs and
builds specialty trucks, military vehicles, truck bodies, airport
fire apparatus, and access equipment.[BN]
The Plaintiff is represented by:
Michael E. Klenov, Esq.
KOREIN TILLERY LLC
505 North 7th Street, Suite 3600
Saint Louis, MO 63101
Phone: (314) 241-4844
PERFECT MOVING: NY Court Enforces Arbitration Despite FAA Exemption
-------------------------------------------------------------------
In the case captioned as Alex Vorburger, on behalf of himself and
all others similarly situated, Plaintiff, v. Perfect Moving and
Storage LLC, Summer Moving Corp., Rock Katnic, and Johanna Ulloa,
Defendants, Civil Action No. 25 Civ. 6387 (DEH) (S.D.N.Y.), Judge
Dale E. Ho of the United States District Court for the Southern
District of New York overruled Plaintiff's objections to the
Opinion and Order of Magistrate Judge Cave, compelling Vorburger to
arbitrate his claims and striking class action allegations from the
complaint.
Magistrate Judge Cave had granted a Motion to Compel Arbitration,
struck Plaintiff's class and collective action allegations, stayed
the action pending arbitration, and denied Plaintiff's cross-motion
for limited discovery as moot. Vorburger objected only to the
determinations that New York law applied to the contract and that
the class action waiver was enforceable under that law.
The court reviewed the magistrate judge's order under the clearly
erroneous or contrary to law standard. The court found no error in
Judge Cave's determination that, although Vorburger's work as a
contractor for an interstate moving company fell within a Section 1
exception to the Federal Arbitration Act, that exception did not
preclude enforcement of the arbitration agreement under New York
state law. Because the parties had agreed that New York law
governed the contract, the court upheld application of state
arbitration law.
Turning to the class action waiver, the court found it enforceable
under New York law. The court noted that Plaintiff's sole cited
authority for non-enforceability had been reversed by the New York
Court of Appeals, and that New York courts have consistently upheld
class action waivers in arbitration agreements, finding them
neither unconscionable nor contrary to public policy.
Accordingly, the court ordered that the Motion to Compel
Arbitration be granted, Vorburger be compelled to arbitrate his
claims, his class action allegations be stricken from the
complaint, and the action be stayed pending arbitration.
A copy of the Court's decision dated May 21, 2026 is available at
https://urlcurt.com/u?l=B5joiu from PacerMonitor.com
PHOENIX EDUCATION: Bronstin Files TCPA Suit in D. Arizona
---------------------------------------------------------
A class action lawsuit has been filed against Phoenix Education
Partners Incorporated. The case is styled as Asher Bronstin,
individually and on behalf of a class of all persons and entities
similarly situated v. Phoenix Education Partners Incorporated doing
business as: University of Phoenix, Case No. 2:26-cv-03400-DJH (D.
Ariz., May 14, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Phoenix Education Partners, Inc. --
https://phoenixeducationpartners.com/ -- is the parent company of
University of Phoenix, Inc., a pioneer in online education for
working adults.[BN]
The Plaintiff is represented by:
Andrew Roman Perrong, Esq.
PERRONG LAW LLC
2657 Mt. Carmel Ave.
Glenside, PA 19038
Phone: (215) 225-5529
Email: a@perronglaw.com
PHOENIX, AZ: Wins Partial Bid to Dismiss Herrera Suit
-----------------------------------------------------
In the class action lawsuit captioned as Alexandra Herrera, v. City
of Phoenix, et al., Case No. 2:25-cv-01360-KML (D. Ariz.), the Hon.
Judge Lanham entered an order granting the partial motion to
dismiss:
The parties who attended the Rule 26(f) meeting and assisted in
developing the Joint Case Management Report;
The parties shall file a proposed Case Management Order containing
all the proposed dates at the same time they file the Rule 26(f)
Case Management Report. The proposed Case Management Order must
also be emailed in Word format to Lanham_Chambers@azd.uscourts.gov.
Accordingly, Herrera does not carry her burden to show her right to
be free from arrest in this set of circumstances was
clearly-established. A reasonable officer could have believed
probable cause existed at the time of her arrest, and neither the
facts alleged nor the case-law suggests it had dissipated.
Herrera seeks leave to amend a third time to repeat her conclusion
that no probable cause existed in more places in the complaint. But
she has already amended this claim, and her proposed Third Amended
Complaint does not remedy the legal issues with it. Further leave
to amend is therefore denied.
The Plaintiff Alexandra Herrera alleges Phoenix police officers
used excessive force and unlawfully seized her, violating her
rights under the Fourth and Fourteenth Amendments.
Phoenix is the capital of the southwestern U.S. state of Arizona.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j1YasG at no extra
charge.[CC]
PROFUSION COSMETICS: Meade Suit Removed to W.D. Washington
----------------------------------------------------------
The case captioned as Mariah Meade, on her own behalf and on behalf
of others similarly situation v. PROFUSION COSMETICS CORP., Case
No. 26-2-07866-7 was removed from the Pierce County Superior Court,
to the United States District Court for Western District of
Washington on May 14, 2026, and assigned Case No. 3:26-cv-05498.
The Complaint asserts two claims for relief alleging Profusion
Cosmetics violated the Washington Commercial Electronic Mail Act
and the Washington Consumer Protection Act. The Plaintiff alleges
Profusion Cosmetics "spams Washington consumers, including
Plaintiff, with commercial emails featuring subject lines which
employ various tactics to create a false sense of urgency" in
violation of CEMA and the CPA.[BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS & BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
- and -
Lynn A. Toops, Esq.
Natalie A. Lyons, Esq.
Ian R. Bensberg, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Email: ltoops@cohenandmalad.com
nlyons@cohenmalad.com
ibensberg@cohenmalad.com
- and -
J. Gerard Stranch, IV, Esq.
Michael C. Tackeff, Esq.
Andrew K. Murray, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: 615-254-8801
Email: gstranch@stranchlaw.com
mtackeff@stranchlaw.com
amurray@stranchlaw.com
The Defendants are represented by:
David Freeburg, Esq.
Danielle Igbokwe, Esq.
DLA PIPER LLP (US)
701 Fifth Avenue, Suite 6900
Seattle, WA 98104-7029
Phone: 206.839.4800
Email: David.Freeburg@us.dlapiper.com
Danielle.Igbokwe@us.dlapiper.com
PRUDENTIAL INSURANCE: Krall Suit Removed to W.D. Pennsylvania
-------------------------------------------------------------
The case captioned as Natalie Krall, and those similarly situated
v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Case No.
GD-26-003818 was removed from the Court of Common Pleas of
Allegheny County, Pennsylvania, to the United States District Court
for Western District of Pennsylvania on May 14, 2026, and assigned
Case No. 2:26-cv-00918.
The Plaintiff's Complaint asserts the following causes of action:
Count I – Violation of Pennsylvania's Wiretapping and Electronic
Surveillance Control Act ("WESCA"), and Count II – Invasion of
Privacy – Intrusion Upon Seclusion.[BN]
The Defendants are represented by:
Patrick Papalia, Esq.
ARCHER & GREINER, P.C.
21 Main Street, Suite 353
Court Plaza South – West Wing
Hackensack, NJ 07601-7095
Phone: (201) 342-6000
QUICK AID LLC: Loehr Files TCPA Suit in M.D. Florida
----------------------------------------------------
A class action lawsuit has been filed against Quick Aid LLC, et al.
The case is styled as Gregory Loehr, on behalf of himself and
others similarly situated v. Quick Aid LLC, Stellar Marketing
Solution LLC, Case No. 8:26-cv-01471 (M.D. Fla., May 15, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Quick Aid Safety -- https://quickaidsafety.com/ -- specializes in
sourcing, designing, and delivering a wide range of safety products
to both wholesale and retail markets.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
KAUFMAN PA
237 South Dixie Highway, Suite Fourth Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
RAD BRANDS INC: Booker Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Martrell Desamonta Booker, on behalf of himself and all others
similarly situated v. Rad Brands Inc., Case No. 1:26-cv-05704 (N.D.
Ill., May 15, 2026), is brought against Defendant for its failure
to design, construct, maintain, and operate its Website
https://www.lemsshoes.com (hereinafter "Website" or "the Website")
to be fully accessible to and independently usable by Wood and
other blind or visually-impaired individuals.
The Defendant is denying blind and visually impaired individuals
throughout the United States equal access to the goods and services
Defendant provides to their non-disabled customers through the
Website. The Defendant's denial of full and equal access to its
Website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act
(the "ADA").
Because Defendant's Website is not equally accessible to blind and
visually impaired consumers, it violates the ADA. The Plaintiff
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, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a selection of minimalist footwear and related
products, including barefoot shoes, zero-drop shoes, wide-toe-box
sneakers, casual shoes, trail and hiking shoes, boots, sandals,
insoles, and socks.[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
REDFIN CORPORATION: Cacas Suit Removed to N.D. California
---------------------------------------------------------
The case captioned as Sam Cacas, on behalf of himself and all
others similarly situated v. REDFIN CORPORATION, a Delaware
corporation; and DOES 1-100, inclusive, Case No. 26CV179566 was
removed from the Superior Court of the State of California, County
of Alameda, to the United States District Court for Northern
District of California on May 14, 2026, and assigned Case No.
3:26-cv-04566.
On March 30, 2026, the Plaintiff filed the State Court Action
alleging multiple claims for violations of federal and California
law, including the federal Wiretap Act, the California Invasion of
Privacy Act, the California Computer Data Access and Fraud Act,
Invasion of Privacy under the California Constitution, and
California's Unfair Competition Law ("UCL").[BN]
The Defendants are represented by:
Rachel E. K. Lowe, Esq.
Gillian H. Clow, Esq.
Omar Morquecho, Esq.
ALSTON & BIRD LLP
350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071
Phone: 213-576-1000
Facsimile: 213-576-1100
Email: rachel.lowe@alston.com
gillian.clow@alston.com
omar.morquecho@alston.com
- and -
Tracy Yao, Esq.
ALSTON & BIRD LLP
55 2nd Street, Suite 2100
San Francisco, CA 94105
Phone: 415-243-1000
Facsimile: 415-243-1001
Email: tracy.yao@alston.com
ROBINSON HOOVER: Dismissal of Ross FDCPA-MRCPA Class Suit Reversed
------------------------------------------------------------------
In the case, ALEXANDER ROSS, Plaintiff-Appellant, v. ROBINSON,
HOOVER & FUDGE, PLLC, Defendant-Appellee, Case No. 25-1802 (6th
Cir.), Judge Karen Nelson Moore of the U.S. Court of Appeals for
the Sixth Circuit reverses the judgment of the district court
dismissing Ross's complaint.
Ross and his then-wife bought a used car in Oklahoma. After he and
his wife divorced, Ross moved to Michigan. Following his move, the
former couple failed to make their car payments and their creditor
hired Robinson, Hoover & Fudge, PLLC ("RHF"), an Oklahoma-based law
firm, to bring a breach-of-contract action against Ross and his
ex-wife in Oklahoma. Ross eventually defaulted. By that time, RHF
had learned that Ross was living and working in Michigan. RHF then
used the Oklahoma default judgment to submit a garnishment summons
to the Oklahoma registered agent of Ross's employer's parent
company. The parent company passed the garnishment summons to
Ross's employer, which began garnishing wages he earned in
Michigan.
In February 2018, Ross and his then-wife lived outside of Tulsa,
Oklahoma and jointly purchased a used 2014 Toyota Scion Xb from a
Tulsa-based auto dealership. Following the sale, the dealership
assigned its rights under the purchase agreement to Auto Advantage
Finance LLC ("AAF"). Within a year of their purchase, Ross and his
wife divorced, and Ross moved to Michigan in July 2019. He obtained
a Michigan driver's license and notified the U.S. Postal Service of
his new address, 30815 Cooley Boulevard in Westland, Michigan.
The car, however, remained in Oklahoma with Ross's ex-wife. But the
former couple failed to stay up to date on their payments, so AAF
repossessed and sold the car in February 2020. On March 13, 2020,
AAF mailed Ross a notice, informing him of the repossession and
sale and alerting him that he remained liable for approximately
$8,500 pursuant to the purchase agreement. AAF mailed this notice
to Ross at 30819—not 30815—Cooley Boulevard.
The creditor hired Robinson, Hoover & Fudge, PLLC ("RHF"), an
Oklahoma-based law firm, to bring a breach-of-contract action
against Ross and his ex-wife in Oklahoma. Ross eventually
defaulted. By that time, RHF had learned that Ross was living and
working in Michigan. RHF then used the Oklahoma default judgment to
submit a garnishment summons to the Oklahoma registered agent of
Ross's employer's parent company. The parent company passed the
garnishment summons to Ross's employer, Detroit Diesel Corp., which
began garnishing wages he earned in Michigan.
In July 2024, shortly after Detroit Diesel began garnishing wages
from his paycheck, Ross brought this putative class action against
RHF in the Eastern District of Michigan. In the complaint, he
claims that RHF violated the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. Section 1692 et seq., and the Michigan
Regulation of Collection Practices Act ("MRCPA"), Mich. Comp. Laws
Section 445.251 et seq., by garnishing his wages without
domesticating the Oklahoma default judgment, as he asserts
Michigan's Uniform Enforcement of Foreign Judgments Act requires.
RHF then filed a pre-answer motion to dismiss the complaint for
lack of personal jurisdiction under Federal Rule of Civil Procedure
12(b)(2). Ross opposed, RHF replied, and neither party requested
jurisdictional discovery or an evidentiary hearing.
After hearing oral argument, the district court granted the motion,
finding that RHF had insufficient contacts with Michigan to support
personal jurisdiction. Ross now appeals. He contends that RHF is
subject to specific jurisdiction in Michigan, not general
jurisdiction.
Judge Moore concludes that RHF has seized the Michigan wages of
Ross, a Michigan resident, allegedly violating the FDCPA and the
MRCPA in the process. In doing so, RHF has purposefully directed
its allegedly unlawful actions at Ross in Michigan, fully aware
that, in the end, Ross would be injured there. For this reason, RHF
has purposefully availed itself of the privileges of conducting
activities in Michigan. And because Ross's claims arise out of
RHF's Michigan contacts, it is reasonable for Michigan to exercise
personal jurisdiction over RHF, and Michigan's long-arm statute
reaches RHF, she reverses the judgment of the district court and
remands for further proceedings consistent with the Court's
Opinion.
A full-text copy of the Court's Opinion is available at
https://l1nq.com/7r7ugit.
ON BRIEF: John A. Evanchek -- John@kelawpc.com -- Curtis C. Warner
-- cwarner@warner.legal -- KELLEY & EVANCHEK, Canton, Michigan, for
Appellant.
Eugene Xerxes Martin, IV -- xmartin@mgl.law -- MARTIN GOLDEN LYONS
WATTS MORGAN PLLC, Dallas, Texas, for Appellee.
RUMI'S KITCHEN: Ruiz Seeks Conditional Certification of FLSA Class
------------------------------------------------------------------
In the class action lawsuit captioned as JOAN RUIZ, on behalf of
himself and others similarly situated, v. RUMI'S KITCHEN, LLC, a
Georgia Domestic Limited Liability Company, and STEPHEN KAPLAN, an
individual, Case No. 1:26-cv-00664-SEG (N.D. Ga.), the Plaintiff
asks the Court to enter an order:
(a) conditionally certifying the following FLSA class:
"All servers who worked at Rumi's Kitchen in the past three
Years";
(b) requiring the Defendants to produce within 14 days a list of
all servers who worked in the past three (3) years in an
electronic or computer-readable format with their full name,
dates of employment, last known address, cell phone number,
email address and last four (4) digits of their social
security number; and
(c) authorizing notice in the form and manner requested.
The suit says that the Plaintiffs have met their lenient burden of
demonstrating that they and potential collective action members are
similarly situated, and that other class members would join this
action if notice was issued.
The Plaintiffs assert that the Defendants willfully violated the
minimum wage and overtime wage provisions of the Fair Labor
Standards Act, due to the unlawful tip credit claimed by the
Defendants.
Rumi's Kitchen is a Persian restaurant with locations in Georgia,
California, Texas, and Washington, D.C.
A copy of the Plaintiff's motion dated May 21, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OtDVwW at no extra
charge.[CC]
The Plaintiff is represented by:
Jordan P. Rose, Esq.
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
E-mail: jrose@theleachfirm.com
cleach@theleachfirm.com
ppalmer@theleachfirm.com
SEMTECH CORP: Faces Consolidated Securities Suit
------------------------------------------------
Semtech Corp. disclosed in its quarterly report on Form 10-Q, for
the period ending April 26, 2026, dated and delivered to the
Securities and Exchange Commission on May 27, 2026, that it is
currently facing a consolidated securities suit over its securities
sale.
On February 20, 2025, February 25, 2025, and March 7, 2025, three
company stockholders filed separate, but substantively identical,
putative class action complaints against the company and certain of
its current officers, Hong Q. Hou and Mark Lin, in the U.S.
District Court for the Central District of California on behalf of
persons and entities that purchased or otherwise acquired company
securities between August 27, 2024 and February 7, 2025.
On June 9, 2025, the court entered an order consolidating the three
actions, appointing Luis Collazos as lead plaintiff, and Block &
Leviton, LLP as Lead Counsel. On July 14, 2025, lead plaintiff
filed a consolidated putative class action complaint against the
Company, Dr. Hou, and Mr. Lin, on behalf of persons and entities
that purchased or otherwise acquired company securities between
October 10, 2024 and February 7, 2025. It asserts Exchange Act
violations related to the company's disclosure surrounding its
CopperEdge (TM) products and the plaintiff seeks compensatory
damages and other relief.
The company, Dr. Hou, and Mr. Lin filed a motion to dismiss the
consolidated complaint on August 11, 2025, which the court granted
in part and denied in part on October 8, 2025. By virtue of this
ruling, Mr. Lin is no longer a defendant in the Securities Action.
On May 20, 2026, the court granted the motion for class
certification for the period November 25, 2024 to February 7,
2025.
Semtech Corp. is a global supplier of high-performance analog and
mixed-signal semiconductors and advanced algorithms for
infrastructure, high-end consumer, and industrial equipment. The
company designs and markets products for a variety of applications,
including wireless and wired communications, data centers, and
Internet of Things devices.
SETON HALL UNIVERSITY: Keeperman Suit Removed to D. New Jersey
--------------------------------------------------------------
The case captioned as Hayden Keeperman, on behalf of himself and
those similarly situated v. SETON HALL UNIVERSITY, Case No.
ESX-L-003915-26 was removed from the Superior Court of New Jersey,
Law Division, Essex County, to the United States District Court for
District of New Jersey on May 14, 2026, and assigned Case No.
2:26-cv-05485.
The Complaint asserts minimum wage and overtime claims against
Seton Hall under the Fair Labor Standards Act ("FLSA"), the New
Jersey Wage and Hour Law ("NJWHL"), and the New Jersey Wage Payment
Law ("NJWPL"). The Plaintiff seeks to assert a collective action
under the FLSA, pursuant to 29 U.S.C. Section 216(b) on behalf of
himself and the "FLSA Collective Members" as defined in the
Complaint.[BN]
The Defendants are represented by:
Patrick Papalia, Esq.
ARCHER & GREINER, P.C.
21 Main Street, Suite 353
Court Plaza South – West Wing
Hackensack, NJ 07601-7095
Phone: (201) 342-6000
SG GLASS WAREHOUSE: Cruz Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against SG Glass Warehouse,
Inc. The case is styled as Carlos Rodrigo Cruz, individually, and
on behalf of all others similarly situated v. SG Glass Warehouse,
Inc., Case No. CU26-04429 (Cal. Super. Ct., Solano Cty., May 5,
2026).
The case type is stated as "Other Employment."
SG Glass Warehouse, Inc. is a privately-held company that operates
in the real estate industry.[BN]
The Plaintiff is represented by:
Kane Moon, 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: kane.moon@moonyanglaw.com
SHEIN DISTRIBUTION: Richards Appeals Suit Dismissal to 7th Circuit
------------------------------------------------------------------
WARREN RICHARDS is taking an appeal from a court order dismissing
his lawsuit entitled Warren Richards, individually and on behalf of
all others similarly situated, Plaintiff, v. Shein Distribution
Corporation, Defendant, Case No. 1:25-cv-01385-TWP-TAB, in the U.S.
District Court for the Southern District of Indiana.
The Plaintiff brings this suit against the Defendant for alleged
violation of the Telephone Consumer Protection Act.
On Sept. 2, 2025, the Defendant filed a motion to dismiss, which
Judge Tanya Walton Pratt granted on Mar. 26, 2026. Accordingly,
Richards' claims are dismissed with prejudice.
On Apr. 17, 2026, the Court entered final judgment in favor of the
Defendant and against the Plaintiff.
The appellate case is styled as Warren Richards v. Shein
Distribution Corporation, Case No. 26-2083, in the United States
Court of Appeals for the Seventh Circuit, filed on May 19, 2026.
[BN]
Plaintiff-Appellant WARREN RICHARDS, individually and on behalf of
others similarly situated, is represented by:
Anthony Paronich, Esq.
PARONICH LAW, PC
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
Email: anthony@paronichlaw.com
- and -
Jessica Garland, Esq.
Matthew Wessler, Esq.
GUPTA WESSLER LLP
2001 K. St. NW, Suite 850 North
Washington, DC 20006
Telephone: (202) 888-1741
Email: jessie@guptawessler.com
Defendant-Appellee SHEIN DISTRIBUTION CORPORATION is represented
by:
David M. Krueger, Esq.
BENESCH FRIEDLANDER COPLAN & ARONOFF
127 Public Square, Suite 4900
Cleveland, OH 44114
Telephone: (440) 313-2974
Facsimile: (216) 363-4588
Email: dkrueger@beneschlaw.com
- and -
Mark S. Eisen, Esq.
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP
71 S. Wacker Dr., Suite 1600
Chicago, IL 60606
Telephone: (312) 212-4949
Facsimile: (312) 767-9192
Email: meisen@beneschlaw.com
SIG SAUER INC: Wins Dismissal in Red Dot Sight Injury Suit
----------------------------------------------------------
In the case captioned as Jimmy Avalos, individually and on behalf
of all other similarly situated, Plaintiff, v. Sig Sauer, Inc.,
Defendant, Civil Action No. 25-451 (E.D. Pa.), Judge John R. Padova
of the United States District Court for the Eastern District of
Pennsylvania granted Defendant's motion to dismiss the putative
class action Complaint for lack of subject matter jurisdiction
pursuant to Rule 12(b)(1), finding that Plaintiff lacked standing
to bring the claims.
Plaintiff Jimmy Avalos brought the action against Defendant Sig
Sauer, Inc., alleging that the Sig Sauer Romeo 5 Red Dot Sight (the
Product) was defective because it was powered by a small button
cell battery that could be easily accessed by children, posing an
ingestion hazard, and that the Product's packaging failed to
adequately warn about this hazard.
The Complaint asserted nine grounds for relief, including unjust
enrichment, breach of express and implied warranty, strict
liability for failure to warn and design defect, negligence, and
violation of Reese's Law, 16 C.F.R. Section 1263.4. Plaintiff
sought class certification, compensatory, statutory and punitive
damages, restitution, injunctive relief, and attorneys' fees.
Defendant moved to dismiss under Rules 12(b)(1) and 12(b)(6),
arguing that Plaintiff lacked standing, that the claims were moot
due to the voluntary recall, and that the Complaint failed to state
a claim. The Court addressed only the standing issue, which it
found dispositive.
On injury in fact, the Court found that the Complaint plausibly
alleged an economic injury under the benefit-of-the-bargain theory.
The Complaint alleged that Plaintiff was denied the basis of his
bargain because he bargained for a product that was safe to use,
but the design of the Product exposed his two minor children and
two dogs to a safety hazard. The Court accepted that Plaintiff
would not have purchased the Product, or would have paid
significantly less, had he been aware of the ingestion hazard.
However, on the question of traceability, the Court ruled against
Plaintiff. Defendant recalled 230,000 units of the Product on
January 8, 2025, offering purchasers a free recall kit consisting
of a new cap with the required labeling and an updated instruction
manual. The Court held that when a defective product is fixed
pursuant to a recall and performs as it would without the defect,
the product's pre-defect value is likewise restored. Since the
Complaint did not allege that Plaintiff participated in the recall,
nor that the recall was insufficient to remedy the Product's
defect, the Court concluded that no injury fairly traceable to
Defendant had been established. The Court further noted that if
Plaintiff failed to participate in the recall, any persisting
defect would be traceable to Plaintiff himself, not to Defendant.
The Court declined to apply the reasoning of Friche v. Hyundai
Motor, America, which had allowed standing where the plaintiff
plausibly alleged both that a defect actually existed and that the
defendant fraudulently concealed it. The Court found the instant
Complaint more analogous to Sugasawara v. Ford Motor Co. and
related decisions, because the Complaint alleged only that
Defendant marketed the Product without adequate safety warnings,
not that Defendant fraudulently concealed the defect.
On injunctive relief, the Court found that the Complaint failed to
plausibly allege that Plaintiff would suffer a future injury, given
that the recall had remedied the defect and Plaintiff was already
aware of the Product's hazard. Accordingly, the Court held that
Plaintiff also lacked standing to seek injunctive relief.
A copy of the Memorandum and Opinion is available at
https://urlcurt.com/u?l=17zUkq from PacerMonitor.com
SMITH COLLEGE: Diaz Suit Removed to D. Massachusetts
----------------------------------------------------
The case captioned as Jonathan Diaz, on behalf of himself and all
others similarly situated v. THE TRUSTEES OF SMITH COLLEGE d/b/a
SMITH COLLEGE, Case No. 2679CV00197 was removed from the Superior
Court of Massachusetts, Hampden County, to the United States
District Court for District of Massachusetts on May 18, 2026, and
assigned Case No. 1:26-cv-12246.
In the Complaint, the Plaintiff alleges that Smith violated the
Massachusetts Wage Act (the "Wage Act") by failing to pay employees
for their unused "personal time" upon separation from employment.
Specifically, Diaz alleges that he was employed by Smith from
October 2019 until November 10, 2025; that at the beginning of
every year he received 4 paid personal days; that there were no
restrictions on the purpose for which he could use personal time;
and that his unused personal time was not paid out at the end of
his employment. The Plaintiff further alleges that Smith's practice
of not paying out personal time at the end of employment is
unlawful because personal time is a wage under the Wage Act.[BN]
The Defendants are represented by:
Robert A. Fisher, Esq.
Alison H. Silveira, Esq.
Nicole Ricker, Esq.
SEYFARTH SHAW LLP
Seaport East
Two Seaport Lane, Suite 1200
Boston, MA 02210-2028
Phone: (617) 946-4800
Facsimile: (617) 946-4801
Email: rfisher@seyfarth.com
asilveira@seyfarth.com
nricker@seyfarth.com
T-MOBILE USA: Riley Sues Over Failure to Compensate Overtime Hours
------------------------------------------------------------------
Nikeva Riley, individually, and on behalf of all others similarly
situated v. T-MOBILE USA, INC., Case No. 2:26-cv-01833 (W.D. Wash.,
May 28, 2026), is brought arising out of Defendant's systemic
failure to compensate its employees for all hours worked, including
overtime hours worked at the appropriate overtime rate, in willful
violation of the Fair Labor Standards Act ("FLSA"), Nevada Revised
Statutes ("NRS") and common law.
The Defendant's policies and practices deprived Plaintiff and the
Representatives of wages owed for off-the-clock pre-shift
activities they performed. Because Defendant's Representatives
typically worked 40 hours or more in a workweek, Defendant's
policies and practices also deprived them of overtime pay. The
Defendant knew or should have known that the time spent by
Plaintiff and other Representatives in connection with the
off-the-clock pre-shift activities is compensable under the law.
Indeed, in light of the explicit DOL guidance, there is no
conceivable way for Defendant to establish that they acted in good
faith. Despite knowing Representatives performed off-the-clock work
before their shifts, Defendant failed to make any effort to stop or
disallow the off-the-clock work and instead suffered and permitted
it to happen, says the complaint.
The Plaintiff worked for the Defendant as a Dedicated Expert from
March 2022 to March 2025.
The Defendant is a nationwide telecommunications company that
provides wireless services to its customers.[BN]
The Plaintiff is represented by:
Andrew Lemmon, Esq.
16212 Reitan Road NE
Bainbridge Island, WA 98110
Phone: (984)257-5987
Email: alemmon@brysonpllc.com
- and -
Kevin J. Stoops, Esq.
Paulina R. Kennedy, Esq.
SOMMERS SCHWARTZ PC
One Towne Sq., 17th Floor
Southfield, MI 48375
Phone: (248) 355-0300
Email: kstoops@sommerspc.com
pkennedy@sommerspc.com
TACO BUENO RESTAURANTS: Wilson Files TCPA Suit in N.D. Texas
------------------------------------------------------------
A class action lawsuit has been filed against Taco Bueno
Restaurants, L.P. The case is styled as Karim Wilson, individually
and on behalf of all those similarly situated v. Taco Bueno
Restaurants, L.P., Case No. 4:26-cv-00659-O (N.D. Tex., May 28,
2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Taco Bueno -- https://tacobueno.com/ -- is a US-based, quick
service restaurant chain specializing in Tex-Mex-style
cuisine.[BN]
The Plaintiff is represented by:
Vin Roy Venkatesh, Esq.
PROPERTY LITIGATION GROUP PLLC
2750 SW 145th Avenue, Suite 509
Miramar, FL 33027
Phone: (786) 703-8810
Email: vv@plgdamage.com
TASKUS USA: Lopez Sues to Recover Unpaid Overtime Wages Owed
------------------------------------------------------------
Krystal Lopez, on behalf of herself and on behalf of all others
similarly situated v. TASKUS USA, LLC, Case No. 5:26-cv-03461 (W.D.
Tex., May 27, 2026), is brought arising under the Fair Labor
Standards Act ("FLSA") against Defendant to recover unpaid overtime
wages owed.
The Defendant instituted company-wide policies that failed to pay
the Plaintiff and the Class Members for all hours worked.
Consequently, Defendant's compensation policies violate the FLSA
which requires non-exempt employees, such as Plaintiff and the
Class Members, to be compensated at one and one-half times their
regular rates of pay for each hour worked over 40 per week, says
the complaint.
The Plaintiff worked for Defendant as a customer service agent from
January 2020 to December 2024.
The Defendant is a company that provides customer support services
to various companies.[BN]
The Plaintiff is represented by:
Don J. Foty, Esq.
FOTY LAW GROUP, P.C.
2 Greenway Plaza, Suite 250
Houston, TX 77046
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: dfoty@fotylawgroup.com
TGCG HOLDINGS LLC: Brito Sues Over Inaccessible Property
--------------------------------------------------------
Carlos Brito, individually and on behalf of all other similarly
situated mobility-impaired individuals v. TGCG HOLDINGS LLC D/B/A
AVENUE 12 SHOPS, Case No. 1:26-cv-23607-XXXX (S.D. Fla., May 21,
2026), is brought for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendants' Commercial
Property being inaccessible to people who are disabled.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendants have yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead time and the extensive publicity the ADA has received since
1990, Defendants have continued to discriminate against people who
are disabled in ways that block them from access and use of
Defendants' property and the businesses therein.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject commercial plaza property. The
barriers to access at Defendant's commercial plaza property have
denied or diminished Plaintiff's ability to visit the subject
business and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendant' non-compliance with
the ADA with respect to the described commercial plaza property
business, including but not necessarily limited to the allegations
of this Complaint. Plaintiff has reasonable grounds to believe that
he will continue to be subjected to discrimination at the
commercial plaza property, in violation of the ADA.
The Plaintiff desires to visit the commercial plaza property
located therein, not only to avail himself of the goods and
services available at the commercial plaza property, but to assure
himself that the commercial plaza property is in compliance with
the ADA, so that he and others similarly situated will have full
and equal enjoyment of the commercial plaza property without fear
of discrimination. The Defendant have discriminated against the
individual Plaintiff by denying him access to, and full and equal
enjoyment of, the goods, services, facilities, privileges,
advantages and/or accommodations of the commercial plaza property,
as prohibited by the ADA, says the complaint.
The Plaintiff is a paraplegic (paralyzed from his T-6 vertebrae
down) and requires the use of a wheelchair to ambulate.
TGCG HOLDINGS LLC D/B/A AVENUE 12 SHOPS, owns, operates and
oversees a commercial plaza property.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
THACHER RESTAURANT: Bradley Suit Removed to W.D. Washington
-----------------------------------------------------------
The case captioned as Jordan Bradley, individually, and on behalf
of other members of the general public similarly situated v.
THACHER RESTAURANT GROUP, LLC, a California limited liability
company; FAR WEST RESTAURANTS, an unknown business entity; and DOES
1 through 5, inclusive, Case No. 26-2-12998-3 SEA, 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 May 26, 2026, and assigned Case No. 2:26-cv-01807.
The Complaint purports to seek relief from Defendant related to
Washington law, specifically under Washington Administrative Code
("WAC"), Washington Labor Regulations, and the Revised Code of
Washington ("RCW"). The Complaint alleges: failure to pay minimum
wage; failure to pay overtime; failure to provide rest periods;
failure to provide meal periods; willful withholding of and/or
refusal to pay wages; failure to properly accrue, allow use of, and
compensate sick leave; failure to pay wages due at established pay
periods; failure to pay wages owed at termination of employment;
failure to furnish itemized and complete wage statements; failure
to maintain adequate records; failure to accrue and allow paid sick
leave and City of Seattle Paid Sick and Safe Time Ordinance;
failure to pay minimum wage under the City of Seattle Minimum Wage
Ordinance; wage theft and failure to time pay wages under the City
of Seattle Ordinance; and violation of the City of Seattle Secure
Scheduling Ordinance.[BN]
The Plaintiff is represented by:
Devin Kathleen Epp
Joanna Ghosh
LAWYERS FOR JUSTICE, PC
701 Pike Street, Suite 1650
Seattle, WA 98101
Email: devinkepp@gmail.com
joanna@calljustice.com
The Defendants are represented by:
Clarence M. Belnavis, Esq.
McKaylin Hughes, Esq.
FISHER & PHILLIPS LLP
1700 Seventh Avenue, Suite 2200
Seattle, WA 98101
Phone: 206-682-2308
Fax: 206-682-7908
Email: cbelnavis@fisherphillips.com
mnhughes@fisherphillips.com
THINKIFIC LABS INC: Wainwright Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Thinkific Labs, Inc.
The case is styled as Barbara Wainwright, individually and on
behalf of all others similarly situated v. Thinkific Labs, Inc. a
British Columbia entity, d/b/a THINKIFIC.COM, Case No. 26STCV15977
(Cal. Super. Ct., Los Angeles Cty., May 19, 2026).
Thinkific -- https://www.thinkific.com/ -- is an online course
platform that helps you create, market, and sell learning products
in one place.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
THOMAS L. CARDELLA: Pope Sues to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Christy Pope, individually and on behalf of all others similarly
situated v. THOMAS L. CARDELLA & ASSOCIATES, INC. d/b/a TLCx, Case
No. 3:26-cv-00047-RGE-SBJ (S.D. Iowa, May 29, 2026), is brought
arising under the Fair Labor Standards Act ("FLSA") against
Defendant to recover unpaid overtime wages owed.
The Defendant instituted company-wide policies that failed to pay
the Plaintiff and the Collective Members for all hours worked. As a
result of not paying for all hours worked, Defendant owes the
Plaintiff and the Collective Members substantial wages. The
Defendant's unlawful policies include failing to compensate the
Plaintiff and Collective Members for their compensable preliminary
activities, and instituting a rounding policy that systematically
deprived the Plaintiff and Collective Members of compensation that
is owed to them. Consequently, Defendant's compensation policies
violate the FLSA which requires non-exempt employees, such as
Plaintiff and the Collective Members, to be compensated at one and
one-half times their regular rates of pay for each hour worked over
40 per week, says the complaint.
The Plaintiff has worked for Defendant as a licensed phone
representative since December 2023.
The Defendant is a company that provides customer support services
to various private companies and government agencies.[BN]
The Plaintiff is represented by:
Brian P. Galligan, Esq.
GALLIGAN LAW P.C.
13375 University Ave., Ste. 302
Clive, IA 50325
Phone: (515) 395-5065
Facsimile: (515) 282-0318
- and -
Matthew S. Parmet, Esq.
PARMET PC
3 Riverway, Ste. 1910
Houston, TX 77056
Phone: 713 999 5228
Email: matt@parmet.law
- and -
Don J. Foty, Esq.
FOTY LAW GROUP, P.C.
2 Greenway Plaza, Suite 250
Houston, TX 77046
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: dfoty@fotylawgroup.com
TIMESHARES DIRECT: Parties Must Comply with M.D. Florida's Rules
----------------------------------------------------------------
In the class action lawsuit captioned as ANDREW AUGUSTINE, v.
TIMESHARES DIRECT, INC., Case No. 6:26-cv-01123-RBD-NWH (M.D.
Fla.), the Hon. Judge Roy Dalton Jr. entered an order directing the
parties to read and comply with the Middle District of Florida's
Local Rules.
Compliant with Local Rule 3.03, within 14 days from the day of this
Order or, if a party joins this action subsequent to the entry of
this Order, from the date of a party's first appearance, each
party, pro se party, governmental party, intervenor, non-party
movant, and Rule 69 garnishee is DIRECTED to file and serve a
Disclosure Statement substantially in the form attached.
No later than 14 days from the date of this Order, counsel and any
pro se party shall comply with Local Rule 1.07(c) and shall file
and serve a certification if the instant action should be
designated as a similar or successive case pursuant to Local Rule
1.07.
The parties are DIRECTED to consult Local Rule 3.02 to determine
whether this action requires a case management conference and case
management report (CMR), or if it falls under one of the exceptions
listed in Local Rule 3.02(d).
The Defendant is an internet marketing firm based in Orlando,
Florida, specializing in helping clients buy, sell, or rent
timeshare properties without utilizing real estate brokers.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EZd8tU at no extra
charge.[CC]
TIMKEN COMPANY: McCurry Sues Over Failure to Pay Overtime Wages
---------------------------------------------------------------
James McCurry, on behalf of himself and others similarly situated
v. THE TIMKEN COMPANY, Case No. 1:26-cv-01234 (N.D. Ohio, May 29,
2026), is brought for its failure to pay its employees overtime
wages, seeking all available relief under the Fair Labor Standards
Act of 1938 ("FLSA").
The Plaintiff and other similarly situated production/manufacturing
employees worked more than 40 hours in one or more workweek(s)
during the three years immediately preceding the filing of this
Complaint. Despite working before their scheduled shifts, Defendant
did not pay the Plaintiff and other similarly situated
production/manufacturing employees for their pre-shift work. During
their employment with Defendant, the Plaintiff and other similarly
situated production/manufacturing employees were not fully and
properly paid for all overtime wages because Defendant required
their employees to perform pre-shift work without compensation. The
Defendant's policies described herein resulted in unpaid overtime
for the Plaintiff and other similarly situated
production/manufacturing employees.
The Defendant failed to track, keep, or transmit the hours
accurately worked each day by the Plaintiff and other similarly
situated production/manufacturing employees. The Defendant
willfully transmitted inaccurate and/or incomplete records to
payroll for compensation purposes, which do not include all work
performed. The incorrect and/or incomplete records had the direct
effect of reducing Defendant's labor costs to the detriment of the
Plaintiff and other similarly situated production/manufacturing
employees. Thus, Defendant willfully did not record and pay all
hours worked in violation of the FLSA and violated the FLSA's
recordkeeping requirements, says the complaint.
The Plaintiff worked for Defendant as a Manufacturing Associate
from March 2022 to May 2024 at its facility in Bucyrus, Ohio.
The Defendant develops and engineers motion technology solutions
for strategic end markets, including aerospace and defense, power
and electrification, and automation and industrial solutions.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Phone: 614-949-1181
Fax: 614-386-9964
Email: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
takers@mcoffmanlegal.com
ULTA SALON: Appeals Remand Order in Mulanena Suit to 4th Circuit
----------------------------------------------------------------
ULTA SALON, COSMETICS & FRAGRANCE, INC. is taking an appeal from a
court order granting the Plaintiffs' motion to remand in the
lawsuit entitled Tinayia Mulanena, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. Ulta Salon,
Cosmetics & Fragrance, Inc., Defendants, Case No.
1:25-cv-03753-JRR, in the U.S. District Court for the District of
Maryland.
As previously reported in the Class Action Reporter, the suit,
which was removed from the Circuit Court for Frederick County,
Maryland, to the United States District Court for the District of
Maryland, is brought against the Defendant for alleged violation of
Maryland's Commercial Electronic Mail Act ("MCEMA").
On Dec. 12, 2025, the Defendant filed a motion to dismiss for
failure to state a claim.
On Dec. 17, 2025, the Plaintiffs filed a motion to remand the case
to state court.
On May 4, 2026, Judge Julie Rebecca Rubin entered an Order granting
the Plaintiffs' motion to remand and denying as moot the
Defendant's motion to dismiss.
The Court concludes that because it lacks subject matter
jurisdiction over the Plaintiffs' claims for lack of Article III
standing, it shall remand the case.
The appellate case is captioned as Ulta Salon, Cosmetics &
Fragrance, Inc. v. Tinayia Mulanena, Case No. 26-164, in the United
States Court of Appeals for the Fourth Circuit, filed on May 15,
2026. [BN]
Plaintiffs-Respondents TINAYIA MULANENA, et al., individually and
on behalf of others similarly situated, are represented by:
David Trojanowski, Esq.
Cory L. Zajdel, Esq.
Z LAW, LLC
2345 York Road
Timonium, MD 21093
Telephone: (443) 213-1977
Defendant-Petitioner ULTA SALON, COSMETICS & FRAGRANCE, INC. is
represented by:
Amanda S. Amert, Esq.
Debra Bogo-Ernst, Esq.
Craig C. Martin, Esq.
WILLKIE FARR & GALLAGHER LLP
300 North LaSalle Drive
Chicago, IL 60654
Telephone: (312) 728-9058
(312) 728-9062
(312) 728-9050
UNIFIED MARKETING: Gerdts Files TCPA Suit in E.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Unified Marketing
Partners LLC. The case is styled as Laurette Gerdts, individually
and on behalf of all others similarly situated v. Unified Marketing
Partners LLC, Case No. 1:26-cv-03722-KES-EGC (E.D. Cal., May 15,
2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Universal Marketing Partners -- https://unifiedmktg.com/ -- is a
leading performance-based marketing agency.[BN]
The Plaintiff is represented by:
Faythe Gutierrez, Esq.
PLG DAMAGE ATTORNEYS, PLLC
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Phone: (951) 285-2179
Email: faythegutierrez@gmail.com
UNION STATION HOMELESS: Gooden Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Union Station
Homeless Services, et al. The case is styled as Kyiesha Bianca
Gooden, on behalf of herself and others similarly situated v. Union
Station Homeless Services, Psychpros Inc., Case No. 26STCV15652
(Cal. Super. Ct., Los Angeles Cty., May 14, 2026).
The case type is stated as "Civil Unlimited - Other Employment."
Union Station Homeless Services -- https://ushs.org/ -- providing
supportive services for individuals and families experiencing
homelessness.[BN]
The Plaintiff is represented by:
Roman Shkodnik, Esq.
D.LAW, INC.
880 E. Broadway
Glendale, CA 91205-1218
Phone: 818-962-6465
Fax: 818-962-6469
Email: r.shkodnik@d.law
UNITED PARCEL SERVICE: Semrau Files Suit in N.D. Georgia
--------------------------------------------------------
A class action lawsuit has been filed against United Parcel
Service, Inc. The case is styled as Nicholas Semrau, on behalf of
himself and all others similarly situated v. United Parcel Service,
Inc., Case No. 1:26-cv-02761-MHC (N.D. Ga., May 15, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
United Parcel Service -- https://www.ups.com/ -- is an American
multinational shipping & receiving and supply chain management
company founded in 1907.[BN]
The Plaintiff is represented by:
Danielle Sweet, Esq.
STEPHAN ZOURAS, LLP
205 North Michigan Avenue, Suite 2560
Chicago, IL 60601
Phone: (312) 233-1550
- and -
James B. Zouras, Esq.
Ryan F. Stephan, Esq.
STEPHAN ZOURAS, LLP
222 W. Adams Street, Suite 2020
Chicago, IL 60606
Phone: (312) 233-1550
Email: jzouras@stephanzouras.com
rstephan@stephanzouras.com
- and -
MaryBeth Vassil Gibson, Esq.
GIBSON CONSUMER LAW GROUP, LLC
4279 Roswell Road, Suite 208-108
Atlanta, GA 30342
Phone: (678) 642-2503
Email: marybeth@gibsonconsumerlawgroup.com
UNITEDHEALTH GROUP: E5 Therapy Suit Removed to E.D. California
--------------------------------------------------------------
The case captioned as E5 Therapy, Riverbend Counseling Services,
Shamynds Healing Center, PC, Repair Physical Therapy Inc.,
Compassion Recovery Centers LLC, Achieving Balance Chiropractic,
Leading Edge Mental Health, Martin Rocha, MD Inc., and Dora K.
Gavros, DDS, Inc. and on behalf of all others similarly situated v.
UNITEDHEALTH GROUP INCORPORATED, UNITEDHEALTHCARE SERVICES, INC.,
OPTUM INSIGHT, CHANGE HEALTCHARE INC., CHANGE HEALTHCARE
OPERATIONS, LLC, CHANGE HEALTHCARE SOLUTIONS, LLC, CHANGE
HEALTHCARE HOLDINGS, INC., CHANGE HEALTHCARE TECHNOLOGIES, LLC,
CHANGE HEALTHCARE PHARMACY SOLUTIONS, INC., OPTUM, INC., OPTUM
FINANCIAL, INC., OPTUM BANK, AND OPTUM PAY, Case No. 26CV003623 was
removed from the Superior Court of the State of California, County
of San Joaquin, to the United States District Court for Eastern
District of California on May 18, 2026, and assigned Case No.
2:26-cv-01857-CKD.
Although the Complaint does not specify the precise amount of
damages sought, the preponderance of the evidence shows that the
amount in controversy exceeds $75,000. The Complaint alleges that
"Plaintiffs was unable to submit claims, receive ERAs, and receive
payment for its medical care to patients." The Plaintiffs allege
monetary losses including rejected and/or delayed payments for
medical care, and spending significant resources investigating the
network outage and alternative methods to receive payment for
medical care.[BN]
The Defendants are represented by:
Vassi Iliadis, Esq.
HOGAN LOVELLS US LLP
1999 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Phone: (310) 785-4600
Facsimile: (310) 785-4601
Email: vassi.iliadis@hoganlovells.com
UNITEDHEALTH GROUP: Johnson Suit Removed to E.D. Louisiana
----------------------------------------------------------
The case captioned as Dr. Warren H. Johnson, Podiatrist (A
Professional Medical Corp.), on behalf of themselves and all others
similarly situated v. UnitedHealth Group Incorporated,
UnitedHealthCare Services, Inc., Optum Insight, Change Healthcare
Inc., Change Healthcare Operations, LLC, Change Healthcare
Solutions, LLC, Change Healthcare Holdings, Inc., Change Healthcare
Technologies, LLC, and Change Healthcare Pharmacy Solutions, Inc.,
Case No. 2026-01267 was removed from the Civil District Court for
the Parish of Orleans, Louisiana, to the United States District
Court for Eastern District of Louisiana on May 15, 2026, and
assigned Case No. 2:26-cv-01045.
Although the Petition for Damages does not specify the precise
amount of all damages sought, the preponderance of the evidence
shows that the amount in controversy exceeds $75,000. The Petition
for Damages alleges that: Because of Change Health Defendants'
substandard data security measures, Change experienced the
Ransomware Attack. In response, Change Health Defendants chose to
disconnect the Change Platform. As a result of Change Health
Defendants' decision to disconnect the Change Platform, Plaintiff
Dr. Johnson was unable to submit claims, receive ERAs, and receive
payment for its medical care to patients. Plaintiff Dr. Johnson's
business was thereby disrupted.[BN]
The Defendants are represented by:
Michael C. Drew, Esq.
JONES WALKER LLP
201 St. Charles Avenue, 51st Floor
New Orleans, LA 70170
Phone: (504) 582-8318
Email: mdrew@joneswalker.co
UNITEDHEALTH GROUP: K. Sasse Suit Removed to D. Nevada
------------------------------------------------------
The case captioned as K. Sasse Surgical Associates, PC, dba Nevada
Surgical and Advanced Manual Therapy Institute I, LLC, on behalf of
themselves and all others similarly situated v. UnitedHealth Group
Incorporated, UnitedHealthCare Services, Inc., Optum Insight,
Change Healthcare Inc., Change Healthcare Operations, LLC, Change
Healthcare Solutions, LLC, Change Healthcare Holdings, Inc., Change
Healthcare Technologies, LLC, and Change Healthcare Pharmacy
Solutions, Inc., Case No. A-26-939363-C was removed from the Eighth
Judicial District Court for Clark County, Nevada, to the United
States District Court for District of Nevada on May 14, 2026, and
assigned Case No. 2:26-cv-01488.
Although the Complaint does not specify the precise amount of
damages sought, the preponderance of the evidence shows that the
amount in controversy exceeds $75,000. The Complaint alleges that
Plaintiffs suffered monetary losses via missed or delayed payments
for medical care and "spent significant time and resources
investigating the network outage and alternative methods to receive
payment for medical care."[BN]
The Defendants are represented by:
Jason D. Smith, Esq.
Jessica E. Chong, Esq.
SPENCER FANE LLP
300 S. Fourth Street, Suite 1600
Las Vegas, NV 89101
Phone: (702) 408-3400
Facsimile (702) 408-3401
Email: jchong@spencerfane.com
UNIVERSAL INTERMODAL: Ghanadan Suit Removed to N.D. California
--------------------------------------------------------------
The case captioned as Ramin Ghanadan, individually, and on behalf
of other members of the general public similarly situated v.
UNIVERSAL INTERMODAL SERVICES, INC., a Michigan corporation;
UNIVERSCAL LLC, a Nevada limited liability company; and DOES 1
through 100, inclusive, Case No. 26CV174946 was removed from the
Superior Court of the State of California, County of Alameda, to
the United States District Court for Northern District of
California on May 14, 2026, and assigned Case No. 3:26-cv-04567.
The Plaintiff brings the following causes of action on behalf of
himself and the putative class members: 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; all in
violation of California Labor Codes and violation of California
Business & Professions Code Section 17200.[BN]
The Defendants are represented by:
Christian J, Keeney, Esq.
Alis M. Moon, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Facsimile: (949) 885-1380
Email: Christian.Keeney@jacksonlewis.com
Alis.Moon@jacksonlewis.com
- and -
Joseph A. Lara, Esq.
JACKSON LEWIS P.C.
3390 University Avenue, Suite 110
Riverside, CA 92501
Phone: (951) 848-7940
Facsimile: (951) 848-0009
Email: Joseph.Lara@jacksonlewis.com
UPBOOST FUNDING: Christ Files TCPA Suit in D. South Carolina
------------------------------------------------------------
A class action lawsuit has been filed against Upboost Funding LLC.
The case is styled as Joseph Christ, individually and on behalf of
a class of all persons similarly situated v. Upboost Funding LLC,
Case No. 2:26-cv-01981-RMG (D.S.C., May 15, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Upboost Funding LLC -- https://upboostlending.com/ -- provide
access to individual-purpose funding tailored to your unique needs
and timeline.[BN]
The Plaintiff is represented by:
Brittany Nicole Clark, Esq.
KAUFMAN PA
237 South Dixie Highway, Suite Fourth Floor
Coral Gables, FL 33133
Phone: (864) 414-8120
Email: brittany@kaufmanpa.com
US BANK NATIONAL: Crabb Suit Removed to W.D. Washington
-------------------------------------------------------
The case captioned as Melanie Crabb and De'erika Fonfara-Cooper,
individually and on behalf of all others similarly situated v. U.S.
BANK NATIONAL ASSOCIATION; and DOES 1-20, inclusive, Case No.
26-2-12341-1 SEA 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 May 18, 2026, and assigned
Case No. 2:26-cv-01699.
The Complaint alleges claims for failure to compensate for
noncompliant meal and rest periods in violation of RCW 49.12 and
WAC 296-126-092; failure to pay minimum wages in violation of RCW
49.46 et seq.; failure to pay overtime wages; and violation of RCW
49.46.210.[BN]
The Defendants are represented by:
Julie S. Lucht, Esq.
PERKINS COIE LLP
1301 Second Avenue, Suite 4200
Seattle, WA 98101-3099
Phone: +1.206.359.8000
Facsimile: +1.206.359.9000
- and -
Joan B. Tucker Fife, Esq.
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5840
Phone: (415) 591-1000
Facsimile: (415) 591-1400
- and -
Peyton L. Sherwood, Esq.
WINSTON & STRAWN LLP
333 S. Grand Avenue
Los Angeles, CA 90071-1543
Phone: (213) 615-1700
Facsimile: (213) 615-1750
VINEYARD VINES: Deceptive Email Suit Remanded to State Court
------------------------------------------------------------
In the case captioned as Jarrett Carter, et al., on their own
behalf and on behalf of all others similarly situated, Plaintiffs,
v. Vineyard Vines, LLC, Defendant, Civil Action No. ELH-25-3178 (D.
Md.), Judge Ellen L. Hollander of the United States District Court
for the District of Maryland granted the Plaintiffs' motion to
remand, denied the Defendant's motion to dismiss without prejudice,
and denied the Plaintiffs' request for attorneys' fees.
Three named Plaintiffs -- Maryland residents Jarrett Carter and
Elizabeth Nielsen, and Indiana resident Brian Ayers -- filed suit
against Vineyard Vines, LLC, a Connecticut limited liability
company, alleging violations of the Maryland Commercial Electronic
Mail Act and Indiana's Deceptive Commercial Electronic Mail Act by
disseminating marketing emails containing false or misleading
information in subject lines "with the capacity, tendency, or
effect of deceiving the recipient." The statutes permit a plaintiff
to recover $500 for each violation. The Complaint contained two
counts: Count One alleged violations of the Maryland statute on
behalf of a Maryland Class, and Count Two alleged violations of the
Indiana statute on behalf of an Indiana Class. Plaintiffs sought
class certification, statutory and exemplary damages, injunctive
relief, attorneys' fees, and costs.
The Defendant removed the case to federal court on grounds of
diversity jurisdiction and the Class Action Fairness Act.
Plaintiffs moved to remand, arguing not that diversity or CAFA
jurisdiction was lacking, but that they had not alleged facts
sufficient to establish Article III standing, asserting they had
merely alleged statutory violations which, without more, do not
establish a concrete injury under federal law.
Plaintiffs alleged two types of deceptive email practices. First,
Vineyard Vines sent emails with subject lines representing that a
sale was ending imminently, using phrases such as "FINAL HOURS,"
"ENDS TONIGHT," "LAST DAY," and "LAST CHANCE," when the promotions
in fact continued beyond the advertised end dates, often until the
next day, followed by emails announcing that the sales had been
"EXTENDED" as part of a pre-planned marketing strategy. Second, the
Defendant sent emails advertising a "free gift" without disclosing
that the recipient was required to make a minimum purchase, ranging
from $150 to $250, to obtain the gift. Carter identified at least
39 allegedly deceptive emails, Nielsen at least 44, and Ayers at
least 32.
The Court confirmed its independent duty to assess subject matter
jurisdiction, including Article III standing. To establish
standing, a plaintiff must demonstrate: (i) a concrete,
particularized, and actual or imminent injury in fact; (ii) that
the injury was likely caused by the Defendant; and (iii) that the
injury would likely be redressed by judicial relief. The dispute
here focused on the injury-in-fact element.
The Court held that plaintiffs cannot establish a cognizable injury
simply by pleading a statutory violation. The Court noted that the
Defendant's attempt to distinguish the case rested on injuries it
had invented, not injuries the Plaintiffs had alleged. The
Plaintiffs had not alleged that they were inundated with emails so
as to be forced to expend time reviewing or deleting them, nor had
they alleged that they ever made an improvident purchase because of
the deceptive emails.
The Defendant argued that the alleged harm bore a close
relationship to the common law torts of fraud and nuisance, and
drew comparisons to cases arising under the Telephone Consumer
Protection Act and California's anti-spam statute. The Court
rejected these comparisons. It reasoned that the privacy and
intrusion-based rationales in those cases applied uniformly to
unsolicited communications, whereas the Plaintiffs here voluntarily
created accounts with Vineyard Vines, provided their email
addresses, and made purchases through the company's website or
stores. The Plaintiffs had further asserted in the Complaint that
it is irrelevant whether misleading commercial emails were
solicited, confirming they alleged no invasion of personal
privacy.
As to fraud, the Plaintiffs did not allege reliance on the
misleading subject lines, any improvident purchases, or any
economic consequences from having received the emails. As to
nuisance, they had not alleged any substantial interference with
the enjoyment of their property. The Court found that mere receipt
of emails with misleading or false subject lines does not
constitute a concrete injury sufficient to confer Article III
standing.
The Defendant argued that the ongoing risk of improvident purchases
conferred standing for injunctive relief. The Court noted that the
Maryland statute does not provide a private right to injunctive
relief, limiting any future-harm theory to Ayers alone. However,
the Complaint contained no allegation that Ayers specifically faced
an imminent risk of making an improvident purchase, with nothing
said about his current shopping intentions or susceptibility to the
Defendant's marketing tactics. The Court further reasoned that even
if the risk of future receipt of deceptive emails could constitute
future harm, the theory would still fail because the emails were
essentially solicited.
The Defendant argued that remand would be futile because the
Plaintiffs' claims were preempted by the federal CAN-SPAM Act. The
Court rejected this argument, citing Fourth Circuit precedent that
there is no futility exception to the remand obligation under 28
U.S.C. Section 1447(c). The Court also denied the Plaintiffs'
request for attorneys' fees, finding that while the Defendant's
contentions did not square with the actual text of the Complaint,
the arguments were not frivolous and concerned a contested area of
law on which courts across the country have reached differing
results.
Accordingly, the Court granted the Plaintiffs' motion to remand and
remanded the case to the Circuit Court for Baltimore County. The
Court denied as moot the Defendant's surreply motion and the
Plaintiffs' motion to strike. The Defendant's motion to dismiss was
denied without consideration of the merits and without prejudice to
the Defendant's right to renew the motion in state court.
A copy of the Court's Memorandum Opinion is available at
https://urlcurt.com/u?l=ohBSAU from PacerMonitor.com
WALMART INC: Pineda Suit Removed to C.D. California
---------------------------------------------------
The case captioned as Eziquio Pineda, Individually and for Others
Similarly Situated v. WALMART, INC. and WAL-MART ASSOCIATES, INC.,
Case No. CIVSB2608066 was removed from the Superior Court of the
State of California for the County of San Bernardino, to the United
States District Court for Central District of California on May 19,
2026, and assigned Case No. 5:26-cv-02696.
The Complaint asserts one cause of action against Walmart for
Violation of California's Unfair Competition Law, California
Business and Professions Code sections 17200 (the "UCL"). The
Complaint alleges that Walmart failed to provide Plaintiff and
class members with overtime pay, meal periods, rest breaks, minimum
wages, accurate wage statements, and all wages earned upon
termination of employment for the period of March 12, 2022, to the
present.[BN]
The Defendants are represented by:
Paloma P. Peracchio, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: paloma.peracchio@ogletree.com
- and -
Mitchell A. Wrosch, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Park Tower, Fifteenth Floor
695 Town Center Drive
Costa Mesa, CA 92626
Phone: 714-800-7900
Facsimile: 714-754-1298
Email: mitchell.wrosch@ogletree.com
WASHINGTON DC: Plaintiffs' Class Certification Bid Due July 16
--------------------------------------------------------------
In the class action lawsuit captioned as Brown v. GOVERNMENT OF THE
DISTRICT OF COLUMBIA, Case No. 1:15-cv-01380 (D.D.C., Filed Aug.
25, 2015), the Hon. Judge Jia M. Cobb entered an order granting
Motion for Extension of Time:
The Plaintiffs' Motion for Class Certification is due by July 16,
2026
The Defendant's Opposition to Plaintiffs' Motion is due by August
17, 2026
The Plaintiffs' Reply in Support of their Motion is due by
September 16, 2026.
The suit alleges violation of the Civil Rights Act.
The Defendant is the governmental structure of the U.S. federal
district of the District of Columbia.[CC]
WASHINGTON: Butler Files Suit in W.D. Washington
------------------------------------------------
A class action lawsuit has been filed against Washington State
Department of Corrections, et al. The case is styled as Bryson
Butler, individually and on behalf of all those similarly situated
v. Washington State Department of Corrections, American Behavioral
Health Systems, Inc., Case No. 3:26-cv-05501 (W.D. Wash., May 14,
2026).
The nature of suit is stated as Accommodations Civil Rights for
Fair Housing Act.
Washington State Department of Corrections (WADOC) --
https://doc.wa.gov/ -- is responsible for administering adult
corrections programs operated by the state.[BN]
The Plaintiffs are represented by:
Andrew Dean Boes, Esq.
Julie E. Kline, Esq.
SCHROETER GOLDMARK & BENDER
401 Union St., Ste. 3400
Seattle, WA 98101
Email: boes@sgb-law.com
kline@sgb-law.com
WEST POINT: Civilian Professors Win Speech Injunction
-----------------------------------------------------
Judge Cathy Seibel of the United States District Court for the
Southern District of New York, in the case captioned Tim Bakken,
individually and on behalf of a putative class of all those
similarly situated, Plaintiff, v. United States Military Academy,
et al., Defendants, Civil Action No. 25-CV-7826 (S.D.N.Y.), granted
the Plaintiff's motion for a preliminary injunction and denied the
Defendants' motion to dismiss a putative class action complaint
brought by a civilian professor at West Point challenging two
speech-restrictive policies as unconstitutional under the First
Amendment.
Plaintiff Tim Bakken has been employed at the United States
Military Academy (USMA or West Point) since June 2000 as a civilian
professor of law. He has taught courses and spoken to external
audiences on constitutional, criminal, and corporate law issues,
authored books and articles, and given media interviews, all while
identifying himself as a USMA faculty member. Academic research,
writing, and engagement with the scholarly community are part of
his job requirements and affect his ability to earn promotions,
raises, and tenure.
The Defendants are USMA and several of its administrators and
departmental supervisors, sued in their official capacities.
On January 27, 2025, President Donald Trump issued Executive Order
No. 14185, Restoring America's Fighting Force, which prohibited the
Academy from promoting or inculcating certain theories and required
it to teach that America and its founding documents remain the most
powerful force for good in human history. On February 13, 2025,
Dean's Policy and Operating Memorandum No. 03-24 (DPOM 03-24 or the
Academic Engagement Policy) came into effect, requiring USMA
faculty to obtain prior approval from department heads for any
engagement with external audiences within their disciplinary areas
of expertise while on duty or when using any USMA affiliation or
branding. Covered engagements included journal publications,
conference presentations, media interviews, podcasts, opinion
editorials, blog posts, and social media posts. Defendant Colonel
Joshua Berry informed Plaintiff that requests would not be approved
when the proposed engagement conflicted with applicable Executive
Orders or Department of Defense or Army guidance, or when the
content reflected personal opinions on current events rather than
research-based scholarly analysis.
On August 12, 2025, Defendant Brigadier General Shane Reeves, the
Dean of the Academic Board, addressed all USMA faculty and stated
that if faculty start to feel that they are advocating for a
particular position or ideology, or taking a position to help
cadets believe a certain way, they are wrong, because cadets do not
need to know what the professor believes. Plaintiff understood this
address, referred to as the Classroom Directive, as a direct order
banning him from sharing personal opinions while instructing
students on legal issues.
Plaintiff alleges that, because of DPOM 03-24, he has refrained
from speaking and writing on issues he otherwise would have
pursued, including academic freedom, prosecutorial ethics, and the
legality of certain U.S. military actions. He appeared on at least
one podcast without identifying his USMA affiliation. He has a book
scheduled for release in August 2026 in which he wants to identify
himself as a USMA professor without obtaining prior approval. In
the classroom, he has declined on multiple occasions to share his
opinion on legal topics when asked directly by students.
Plaintiff initiated this action on September 22, 2025, asserting
three First Amendment claims on behalf of a putative class of
civilian professors at USMA. On December 5, 2025, he filed a motion
for a preliminary injunction. Defendant filed a motion to dismiss
on January 30, 2026. Oral argument on parties' motion was held on
May 6, 2026.
Defendant moved to dismiss for lack of subject matter jurisdiction,
arguing that Plaintiff's claims must be channeled through the Civil
Service Reform Act of 1978 (CSRA). According to the Court "DPOM
03-24 and the Classroom Directive are not personnel actions under
the CSRA, and specifically not changes in working conditions under
Section 2302(a)(2)(A)(xii)".
The court reasoned that the policies represent fundamental changes
to Plaintiff's academic scholarship and pedagogical approach, not
day-to-day working conditions such as salary or assignment. The
courtchanneling Plaintiff's challenge further found that through
the CSRA could foreclose all meaningful judicial review, that his
claims are wholly collateral to the statute's review provisions,
and that they fall outside the expertise of the Office of Special
Counsel and the Merit Systems Protection Board. Accordingly, the
court denied the motion to dismiss for lack of subject matter
jurisdiction.
The court applied the Pickering balancing framework, as clarified
by the Second Circuit in Heim v. Daniel, bypassing the Garcetti
inquiry because the restriction concerned a public university
professor's academic speech. The court found that Plaintiff's
external engagements constitute speech on matters of public
concern, including commentary on academic freedom, prosecutorial
ethics, military law, and military conduct. The court then applied
the heightened standard set forth in United States v. National
Treasury Employees Union (NTEU), applicable because DPOM 03-24 is
an ex ante restriction on a broad category of employee speech
rather than an isolated disciplinary action. Under that standard,
the government must demonstrate that the recited harms are real and
that the regulation will in fact alleviate those harms in a direct
and material way.
The court found that Defendant's justifications for DPOM 03-24, as
set forth in the declaration of Defendant Colonel Krista Watts,
appeared to be post-hoc rationalizations rather than genuine
explanations, and that Defendant failed to identify real harms the
policy was designed to address, failed to show the policy would
alleviate any harm directly and materially, and failed to rebut
Plaintiff's plausible allegation that the policy was enacted to
demonstrate compliance with Executive Order 14185. The court also
found the policy both overinclusive and underinclusive, and noted
that less restrictive alternatives such as a notice requirement or
disclaimer were available. The court therefore found that Plaintiff
is likely to succeed on the merits of his challenge to DPOM 03-24.
The court found that the Classroom Directive exists at least as
informal policy, noting that Defendant did not deny that Reeves
made the quoted remarks, did not submit a declaration from Reeves
explaining what he meant, took no steps to withdraw or clarify the
remarks in the more than seven months after the lawsuit was filed,
and had not affirmatively stated that professors may express
personal views in the classroom. The court applied the same
Pickering and NTEU framework and found that, while West Point's
role as a military academy warrants greater deference with respect
to internal classroom instruction than external speech, a blanket
ban on civilian professors sharing their views on subjects they
teach does not implicate professional military judgments and cannot
be justified under the First Amendment. The court found that
Plaintiff is likely to succeed on the merits of his challenge to
the Classroom Directive as applied to civilian professors.
The court found irreparable harm established, noting that loss of
First Amendment freedoms constitutes irreparable injury even for
minimal periods, and that the ongoing chilling effect of both
policies on Plaintiff's speech is a harm that cannot be undone. The
court rejected Defendant's argument that Plaintiff's delay in
filing undermined irreparable harm, finding that Plaintiff
diligently pursued informal resolution before filing suit and that
the federal government shutdown from October 1 through November 12,
2025 accounted for a substantial portion of the intervening period.
The court further found that the balance of equities and the public
interest favor the injunction, as there is no public interest in
perpetuating unlawful agency action, and West Point fulfilled its
mission for more than two hundred years without the challenged
policies.
The court granted Plaintiff's motion for a preliminary injunction
and denied Defendant's motion to dismiss. Pending permanent
resolution, Defendant is enjoined from enforcing DPOM 03-24 against
civilian faculty members of USMA and from prohibiting or
restraining Plaintiff from expressing or offering his opinions,
beliefs, or views to his students on the subjects he teaches. The
parties are directed to appear for a conference on June 11, 2026.
A copy of the Court's Opinion and Order is available at
https://urlcurt.com/u?l=g9W3Sx from PacerMonitor.com
WESTERN STATES ENVELOPE: Hopfer Sues Over Unpaid Overtime Wages
---------------------------------------------------------------
Tracy Hopfer, on behalf of herself and all others similarly
situated v. WESTERN STATES ENVELOPE COMPANY, Case No. 2:26-cv-00887
(E.D. Wis., May 19, 2026), is brought pursuant to the Fair Labor
Standards Act of 1938, as amended, ("FLSA"), and Wisconsin's Wage
Payment and Collection Laws ("WWPCL") for purposes of obtaining
relief under the FLSA and WWPCL for unpaid overtime compensation,
unpaid agreed upon wages, liquidated damages, costs, attorneys'
fees, declaratory and/or injunctive relief, and/or any such other
relief the Court may deem appropriate.
The Defendant operated an unlawful compensation system that
deprived and failed to compensate Plaintiff and all other current
and former hourly-paid, non-exempt employees for all hours worked
and work performed each workweek, including at an overtime rate of
pay for each hour worked in excess of 40 hours in a workweek, by
shaving time (via electronic timeclock rounding) from Plaintiff's
and all other hourly-paid, non-exempt employees' weekly timesheets
for pre shift and post-shift hours worked and/or work performed, to
the detriment of said employees and to the benefit of Defendant, in
violation of the FLSA and WWPCL. The Defendant's failure to
compensate its hourly paid, non-exempt employees for compensable
work performed each workweek, including but not limited to at an
overtime rate of pay, was intentional, willful, and violated
federal law as set forth in the FLSA and state law as set forth in
the WWPCL, says the complaint.
The Plaintiff was hired by the Defendant as an hourly-paid,
non-exempt employee, most recently working in the position of
Operator working at Defendant's Butler, Wisconsin location in
September 2010,.
Western States Envelope Company, is an entity incorporated in the
State of Wisconsin.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
WHITE DUCK OUTDOORS: Youngren Sues Over Blind-Inaccessible Website
------------------------------------------------------------------
Dustin Youngren, on behalf of himself and all others similarly
situated v. WHITE DUCK OUTDOORS, INC., Case No. 1:26-cv-05645 (N.D.
Ill., May 14, 2026), is brought arising from the Defendant's
failure to design, construct, maintain, and operate their website
to be fully accessible to and independently usable by Plaintiff and
other blind or visually impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services the Defendant provides to their non-disabled customers
through its Website https://whiteduckoutdoors.com (hereinafter
"Website" or "the Website"). The Defendant's denial of full and
equal access to its website, and therefore denial of its products
and services offered, and in conjunction with its physical
locations, is a violation of Plaintiff's rights under the Americans
with Disabilities Act (the "ADA").
Because the Defendant's website is not equally accessible to blind
and visually impaired consumers, it violates the ADA. The Plaintiff
seeks a permanent injunction to cause a change in the 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, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant provides to the public the Website, which provides
consumers access to an array of goods and services, including, the
ability to purchase a diverse range of camping gear, including
canvas camping tents in bell, wall, and cabin styles, alongside
essentials like heavy-duty tarps, canvas bags, all-season sleeping
bags.[BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Phone: (630)-478-0856
Email: achan@ealg.law
XERCIZE STUDIO: Civil Standing Order Entered
--------------------------------------------
In the class action lawsuit captioned as LINA FASHEH, v. THE
XERCIZE STUDIO, LLC, Case No. 8:26-cv-01231-FWS-DFM (C.D. Cal.),
the Hon. Judge Slaughter entered a civil standing order as
follows:
The Plaintiff shall promptly serve the complaint in accordance with
Federal Rule of Civil Procedure 4 and shall comply with Federal
Rule of Civil Procedure 4(l) and Local Rule 5-3 with respect to all
proofs of service.
Any Answers filed in state court must be refiled in this court as a
supplement to the Notice of Removal.
If this action is a putative class action, the parties are to act
diligently and begin discovery immediately, so that the motion for
class certification can be filed expeditiously.
Proposed Orders Each party filing or opposing a motion or seeking
the determination of any matter shall file, serve, and
electronically lodge a proposed order setting forth the relief or
action sought and a brief statement of the rationale for the
decision with appropriate citations.
The Defendant is the parent company behind IM=X (TM) (Integrated
Movement Xercize) Pilates and Fitness.
A copy of the Court's order dated May 22, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=YaYZhC at no extra
charge.[CC]
YAVAPAI COUNTY, AZ: Longnecker Suit Removed to D. Arizona
---------------------------------------------------------
The case captioned as Scott Longnecker and Pamela Jean Longnecker,
husband and wife; David W. Dodson; individually and behalf of
others similarly situated as the interested persons of Yavapai
County v. Yavapai County, a political subdivision of Arizona;
Yavapai County Board of Supervisors; Representative Brooks Compton,
in his/hers official capacity; Representative Dee Jenkins, in
his/hers official capacity; Nikki check, in his/hers official
capacity; Chris Kuknyo, in his/hers official capacity; Mary
Mallory, in his/hers official capacity; John Does I-V; Jane Does
I-V; Black Corporations I-V; and White Partnership I-V, Case No.
S1300CV202600284 was removed from the Yavapai County Superior
Court, to the United States District Court for District of Arizona
on May 19, 2026, and assigned Case No. 3:26-cv-08111-SHD.
On March 3, 2026, Plaintiffs commenced this action in the Yavapai
County superior court by filing a Verified Complaint for
Declaratory Judgment and Application for Temporary Restraining
Order, Preliminary Injunction and Permanent Injunction and an
Application for Preliminary Injunction..[BN]
The Defendants are represented by:
Kristin M. Mackin, Esq.
SIMS MACKIN, LTD.
2100 North Central Ave., Suite 220
Phoenix, AZ 85004
Phone: (602) 772-5505
Fax: (602) 772-5509
Email: kmackin@simsmackin.com
YOUR QUICK OFFER: Blasie TCPA Suit Removed to S.D. Florida
----------------------------------------------------------
The case captioned as Loumyr Blasie, individually and on behalf of
all other similarly situated v. Your Quick Offer, LLC, was removed
to the U.S. District Court for the Southern District of Florida on
May 15, 2026.
The District Court Clerk assigned Case No. 0:26-cv-61461-XXXX to
the proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Your Quick Offer -- https://yourquickoffer.com/ -- is a trusted
team of cash home buyers ready to help homeowners in any
situation.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Matthew A. Keilson, Esq.
WATSTEIN TEREPKA LLP
218 Northwest 24th Street, Ste 3rd Floor
Miami, FL 33127
Phone: (305) 498-3216
Email: mkeilson@wtlaw.com
ZILLION CONCEPTS: Howard Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
Andrea Howard, on behalf of herself and others similarly situated
v. ZILLION CONCEPTS, LLC d/b/a RUMORS, a Georgia Domestic Limited
Liability Company, and NICK WHITE, an individual, Case No.
1:26-cv-02787-SCJ (N.D. Ga., May 18, 2026), is brought for damages
and other relief brought by Plaintiffs pursuant to the Fair Labor
Standards Act ("FLSA") as amended by the Tip Income Protection Act
of 2018 ("TIPA"), as a result of Defendants' failure to pay
Plaintiffs the minimum wage and overtime wages as required by
federal law.
The essence of Plaintiffs' claims are that Defendants:
misclassified Plaintiffs as independent contractors rather than
employees; failed to pay them at least the federal minimum wage for
each hour they worked; failed to pay them at least one and one-half
times their regular rate of pay for each hour they worked over 40
hours in a given workweek, constituting a violation of the overtime
wage provisions of the FLSA; and seized their tips in violation of
TIPA and the FLSA, says the complaint.
The Plaintiffs are all current or former exotic dancers.
The Defendants operates an adult entertainment club.[BN]
The Plaintiffs are represented by:
Jordan P. Rose, Esq.
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Phone: (407) 574-4999
Facsimile: (833) 423-5864
Email: jrose@theleachfirm.com
cleach@theleachfirm.com
ppalmer@theleachfirm.com
yhernandez@theleachfirm.com
*********
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Copyright 2026. All rights reserved. ISSN 1525-2272.
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