260721.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, July 21, 2026, Vol. 28, No. 144
Headlines
1063 FIRST AVE: Lopez Suit Seeks Unpaid Wages, OT Under FLSA, NYLL
3695 ENTERTAINMENT: Baker Suit Seeks Minimum Wages Under FLSA
4-POPPCAL INC: Fails to Pay OT & Minimum Wages Under Labor Code
ACADIA HEALTHCARE: Applegate Suit Removed to M.D. Tenn.
ADAPTHEALTH CORP: Fails to Protect Personal Info, Zamora Alleges
ADAPTHEALTH CORP: Whitaker Sues Over Unprotected Personal Info
ALAIR ENTERPRISES: Bid for More Time to File Class Cert Bid OK'd
ALLIED WASTE: Cortes Class Action Stayed
AMAZON.COM: Court Narrows Claims in Lyster Suit
AMERESCO INC: Gold Class Suit Seeks to Recover Wages Under NYLL
APPLE INC: Benavidez Privacy Suit Removed to N.D. Cal.
APPLE INC: Faces Turner Wage-and-Hour Suit in Cal. Super.
ASP ISOTOPES: Securities Class Action Stayed Amid Settlement Talks
ASTRANA HEALTH: Coleman Seeks Minimum Wages, OT Under Labor Code
AUTOLIV INC: ARC Airbag Inflator Products Liability MDL Ongoing
BALLAJ: Plaintiffs Must File Class Certification Bid by Oct. 26
BELIEVE HOME: Gibson Suit Seeks OT Premium Wages Under FLSA
BOBBY E. WRIGHT: Apolito Seeks to Recover Proper Wages
BROADCAST MUSIC: Winfrey Must Submit Amended Complaint by August 3
CARAWAY HOMES: Shivum Sues Over Cookware Products' Misleading Ads
CHOBANI LLC: Falsely Labels Yogurt's Protein Content, Pitre Says
CONAIR LLC: Faces Tompkins Suit Over Defective Grill Brushes
COSTCO WHOLESALE: Protein Powder Contains Heavy Metals, Barton Says
CRATE & BARREL: Removes Iniguez Suit to W.D. Wash.
CURBSURE LLC: Class Cert Bid Filing in Sigurdson Due Jan. 14, 2027
CYBERPOWER INC: Website Inaccessible to the Blind, Williams Says
DECKERS OUTDOOR: Fails to Return Illegal Subject Tariffs, Suit Says
EARNIN US1: Faces Taylor Suit Over Compromised Clients' Info
GENERAL MILLS: Thomas Sues Over Cereal Products' False Ads
GOOGLE LLC: Illegally Captures Facial Biometrics, Trevino Suit Says
HOME DEPOT: Wright Sues Over Unauthorized Sale of Consumers' Info
HOMEBODY INSURANCE: Loses Bid to Arbitrate Rent-Fee Suit
INTER-CON SECURITY: Fails to Secure Personal Info, Gomez Alleges
JACKERY INC: Wilson Seeks Equal Website Access for the Blind
JINON CORP: Fails to Pay Proper Wages, Ortiz Alleges
KAISER FOUNDATION: Faces Harris Class Action Suit Over ALPR System
KONICA MINOLTA: Appeal Filed in Cezus Case in Third Cir.
KONTOOR US: Must Return Unlawfully Charged Tariffs, Tlaib Says
KROGER CO: Curtis Suit Seeks Minimum Wage, OT Compensation
LAKESHORE LEARNING: Flores Seeks Minimum, OT Wages Under FLSA
LIVING SPACES: Betanco PAGA Claims Allowed to Proceed in Court
LLT MANAGEMENT: Faces Bynum Suit Over Unsafe Talc Products
MACYS.COM LLC: Faces Caban Class Action Suit Over Spam E-mails
MEDTRONIC INC: Fails to Pay Proper Wages, Krenning Alleges
MEGAN HOLDINGS: Mundy Sues Over False Business Statements
MEODED PAINTS: Faces Torres Wage-and-Hour Suit in Cal. Super.
NATIONAL COLLEGIATE: Faces Suit Over Five-Year Eligibility Rule
NEW YORK, NY: Farahmand Suit Seeks Minimum Wages for Interns
NEW YORK: Lawrence Sues Over Improper Denial of Medicaid Benefits
ONLY BEAN: Ting Sues Over Snacks' Misleading Protein Labels
PHELPS SECURITY: Cates Sues Over Failure to Pay OT Wages
PRIME HEALTHCARE: Fails to Pay Minimum & OT Wages, Hamachai Says
PURPOSECARE OF ILLINOIS: Vanderhei Sues Over Unpaid OT Wages
SECUR SOLUTION: Fails to Pay Proper Wages, Jackson Says
SERVICE EXPERTS: Parrott Sues Over Deceptive Business Practices
SMART & FINAL: Fails to Pay Proper Wages, Morse Alleges
ST. CHARLES HOSPITAL: Prampin Seeks to Recover Unpaid Wages
STHRN HOSPITALITY: Ballow Suit Seeks Minimum Wages Under FLSA
SWIFTX INC: Fails to Pay Minimum Wages, OT Under Labor Code
TRANSCENDIA INC: Franklin Suit Seeks Unpaid Overtime Under FLSA
TRAVEL + LEISURE: Spooner Sues Over Failure to Pay OT Wages
TROP INC: Does not Properly Pay Workers, Wendlandt Says
WASHINGTON METROPOLITAN: Cray Balks at Pension Plan Administration
WHOOP INC: Sanderson Loses Bid for Summary Judgment
X CORP: Plaintiffs Seek Denial of Class Certification Bid
YAMAHA MOTOR: Court Narrows Claims in Ellert Suit
*********
1063 FIRST AVE: Lopez Suit Seeks Unpaid Wages, OT Under FLSA, NYLL
------------------------------------------------------------------
MARLON WALDEMAR CARDONA LOPEZ, on behalf of himself, Collective
Plaintiffs and the Class, Plaintiff v. 1063 FIRST AVE RESTAURANT
CORP. and 188 AVE A TAKE OUT FOOD CORP., TARIK FALLOUS, Case No.
1:26-cv-05745 (S.D.N.Y., July 7, 2026) seeks to recover unpaid
wages, including overtime, due to time shaving; liquidated damages;
and attorneys' fees and costs pursuant to the New York Labor Law
and the Fair Labor Standards Act.
The Plaintiff brings claims for relief pursuant to the Federal
Rules of Civil Procedure Rule 23, on behalf of all non-exempt
persons including cooks, food preparers, dishwashers, porters,
bussers, food runners, counterpersons, cashiers and waiters
employed by Defendants on or after the date that is six years
before the filing of the complaint.
The Defendants own and operate Au Za'atar, a Lebanese restaurant
with two locations in New York City.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
3695 ENTERTAINMENT: Baker Suit Seeks Minimum Wages Under FLSA
-------------------------------------------------------------
ANTWION BAKER, on behalf of himself and others similarly situated
v. 3695 ENTERTAINMENT, INC. d/b/a THEORY RESTAURANT AND LOUNGE, a
Georgia Domestic Profit Corporation, TREBA and ANDERSON, an
individual, Case No. 1:26-cv-03783-SCJ (N.D. Ga., July 7, 2026)
seeks to recover from the Defendants minimum wage compensation,
liquidated damages, and reasonable attorneys' fees and costs.
Mr. Baker resides in this District and is a former employee of
Defendants, having been employed by Defendants from approximately
October 2023 to November 2025.
Opt-In Plaintiff Alexis Carter resides in this District and is a
current employee of Defendants, having been employed by Defendants
from August 1, 2022, to the present.
3695 ENTERTAINMENT, INC., d/b/a THEORY RESTAURANT AND LOUNGE, is a
restaurant based in Georgia. Anderson is an owner, operator, and
chief executive officer of the Company.[BN]
The Plaintiff is represented by:
Alexandra R. Carmon, Esq.
Jordan P. Rose, Esq.
Anthony J. Hall, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
Email: acarmon@theleachfirm.com
jrose@theleachfirm.com
ahall@theleachfirm.com
yhernandez@theleachfirm.com
4-POPPCAL INC: Fails to Pay OT & Minimum Wages Under Labor Code
---------------------------------------------------------------
NELSON HERNANDEZ, an individual, on behalf of himself and all
similarly situated employees v. 4-POPPCAL INC. dba POPEYES CHICKEN
AND BISCUITS, a California corporation; MUKHTIAR SINGH MAROK, an
individual and California citizen; INDERJOT KAUR MAROK, an
individual and California citizen; AJIT KAUR CHEEMA, an individual
and California citizen; RUBINDER SINGH MAROK, an individual and
California citizen; and DOES 1 through 100, inclusive, Case No.
26STCV21439 (Cal. Super., July 7, 2026) is a class action complaint
for damages resulting from Defendants' failure to pay overtime
wages and minimum wages, provide meal periods or compensation in
lieu thereof, failure to provide rest periods or compensation in
lieu thereof, failure to pay due wages at termination, failure to
pay wages during employment, and failure to furnish accurate wage
statements under the Labor Code.
Accordingly, the Plaintiff and similarly situated employees
routinely working over eight hours per day, 40 hours per week, and
seven consecutive work days on a work week without being properly
compensated for hours worked in excess of eight hours per day in a
work day, 40 hours per week in a work week, and/or hours worked on
the seventh consecutive work day in a work week by failing to
accurately track and/or pay for all hours actually worked.
4-Poppcal is a franchise operator that manages multiple Popeyes
Louisiana Kitchen locations.[BN]
The Plaintiff is represented by:
Michael C. Robinson, Jr., Esq.
Orion S. Robinson, Esq.
ROBINSON DI LANDO
A Professional Law Corporation
801 S. Grand Ave., Suite 500
Los Angeles, CA 90017
Telephone: (213) 229-0100
Facsimile: (213) 229-0114
E-mail:orobinson@rdwlaw.com
mrobinson@rdwlaw.com
ACADIA HEALTHCARE: Applegate Suit Removed to M.D. Tenn.
-------------------------------------------------------
The case styled CADE APPLEGATE, individually and on behalf of all
others similarly situated, Plaintiff, v. ACADIA HEALTHCARE COMPANY,
INC. and CENTERPOINTE BEHAVIORAL HEALTH SYSTEM, LLC, Defendants,
Case No. 26CV-55863, was removed from the Tennessee Chancery Court
of Williamson County for the Twenty-First Judicial District at
Franklin to the United States District Court for the Middle
District of Tennessee on July 14, 2026.
The Clerk of the District Court for the Middle District of
Tennessee assigned Case 3:26-cv-00974 to the proceeding.
The lawsuit arises from the failure of the Defendants to properly
secure and safeguard private information that was entrusted to
them, and their accompanying responsibility to store and transfer
that information.
Acadia Healthcare Company, Inc. is a Delaware-based corporation
with principal place of business in Franklin, Tennessee.
The Defendants are represented by:
Kathryn H. Walker, Esq.
Taylor M. Sample, Esq.
BASS, BERRY & SIMS PLC
21 Platform Way South, Suite 3500
Nashville, TN 37203
Telephone: (615) 742-6200
Email: kwalker@bassberry.com
taylor.sample@bassberry.com
- and -
Christopher A. Wiech, Esq.
BAKER & HOSTETLER LLP
1170 Peachtree Street, Suite 2400
Atlanta, Georgia 30309
Telephone: (404) 459-0050
Facsimile: (404) 459-5734
Email: cwiech@bakerlaw.com
ADAPTHEALTH CORP: Fails to Protect Personal Info, Zamora Alleges
----------------------------------------------------------------
URIEL ZAMORA, individually, and on behalf of all others similarly
situated, Plaintiff v. ADAPTHEALTH CORP., Defendant, Case No.
2:26-cv-04732-CMR (E.D. Pa., July 7, 2026) is a class action
against the Defendant for its failure to properly secure and
safeguard Plaintiff's and Class Members' personally identifiable
information and other and protected health information, resulting
in a devastating data breach.
On June 15, 2026, a threat actor infiltrated AdaptHealth's data
systems and cloud-based business applications including electronic
health record system portals, patient management systems and
document storage platforms, and exfiltrated information including
patients' PII and PHI, and a stored password file associated with
insurance billing.
The Plaintiff's claims arise from Defendant's failure to adequately
secure and safeguard PII and PHI entrusted to Defendant for
authorized use only, and Defendant's obligation to properly store
and transfer said information.
The Plaintiff and Class Members suffered tangible injuries,
including the diminished value of their PII and PHI, lost time and
opportunity costs from mitigating the data breach consequences,
loss of the benefit of their bargain with Defendant to maintain
their PII and PHI in a reasonably protected manner, and the actual
misuse of their compromised data, such as increased spam
communications, says the suit.
AdaptHealth is a network of medical equipment companies providing
home healthcare solutions across 48 U.S. states.[BN]
The Plaintiff is represented by:
Mark C. Rifkin, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Ave.
New York, NY 10016
Telephone: (212) 545-4600
E-mail: rifkin@whafh.com
- and -
Rachele R. Byrd, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: (619) 239-4599
E-mail: byrd@whafh.com
- and -
James F. Woods, Esq.
Annie E. Causey, Esq.
Olivia E. Pizzo, Esq.
WOODS LONERGAN PLLC
60 East 42nd Street, Suite 1410
New York, NY 10165
Telephone: (212) 684-2500
E-mail: jwoods@woodslaw.com
acausey@woodslaw.com
olivia.pizzo@woodslaw.com
ADAPTHEALTH CORP: Whitaker Sues Over Unprotected Personal Info
--------------------------------------------------------------
JANETTE WHITAKER, individually and on behalf of all others
similarly situated, Plaintiff v. ADAPTHEALTH CORP., Defendant, Case
No. 2:26-cv-04725 (E.D. Pa., July 7, 2026) is a class action
lawsuit on behalf of the Plaintiff and all persons who entrusted
Defendant with sensitive personally identifiable information and
protected health information that was impacted in a cyber
incident.
On July 2, 2026, the Defendant reported a data breach to the United
States Securities and Exchange Commission. This suit arises from
Defendant's failure to properly secure and safeguard private
information that was entrusted to it, and its accompanying
responsibility to store and transfer that information. The
Defendant, despite having the financial wherewithal and personnel
necessary to prevent the data breach, nevertheless failed to use
reasonable security procedures and practice appropriate to the
nature of the sensitive, unencrypted information it maintained for
Plaintiff and Class Members, causing the exposure of Plaintiff's
and Class Members' private information, says the suit.
The Plaintiff, therefore, seeks to remedy these harms and prevent
any future data compromise on behalf of himself, and all similarly
situated persons whose personal data was compromised and stolen as
a result of the data breach and who remain at risk due to
Defendant's inadequate data security practices.
AdaptHealth Corp. is a full-service medical equipment and services
company supporting patients in 669 locations across 48 states in
the United States.[BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
65 Overhill Rd
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
ALAIR ENTERPRISES: Bid for More Time to File Class Cert Bid OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as Kowitz v. Alair
Enterprises USA Inc.. et al., Case No. 3:26-cv-01235 (N.D. Tex.,
Filed April 16, 2026), the Hon. Judge Brantley Starr entered an
order granting motion for extension of time to file.
The July 15, 2026 deadline under Local Rule 23.2 for Plaintiff to
file a motion for class certification is extended and suspended.
The parties shall meet and confer within fourteen (14) days of the
Courts ruling on Defendants Motion to Dismiss Plaintiffs Amended
Complaint) and shall submit a joint proposed schedule, including
class-certification briefing, within fourteen (14) days thereafter.
The suit alleges violation of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.
Alair is engaged in custom home building and large-scale
renovation.[CC]
ALLIED WASTE: Cortes Class Action Stayed
----------------------------------------
In the class action lawsuit captioned as SERGIO CORTES, v. ALLIED
WASTE SERVICES OF NORTH AMERICA, LLC, Case No.
2:26-cv-00138-DAD-SCR (E.D. Cal.), the Court entered an order
granting the Parties' request to stay this action and denying the
Defendant's motion to stay as moot.
Accordingly, the parties' joint stipulation to stay this action is
granted. The Defendant's motion to stay is administratively
terminated, to be reactivated if necessary.
All pending dates and deadlines are vacated, to be reset at a later
date if the court deems it necessary after the court's ruling on
the motion for class certification in the Lopez action.
The parties shall file a joint status report within six (6) months
from the date of entry of this order, and every 90 days thereafter,
informing this court as to the status of the proceedings in the
Lopez action.
In addition, the parties shall file a notice informing the court
that an order has issued resolving the anticipated motion for class
certification in the Lopez action within 14 days from the issuance
of such order.
The court concludes that the possible damage which may result from
the granting of a stay here is minimal in light of the parties'
agreement embodied in their stipulation.
On June 8, 2026, the defendant filed a motion to stay this action
pending resolution of an earlier filed action, Juan Lopez v. Allied
Waste Services of North America, LLC, et al., Case No.
2:24-CV-00822-TLN-AC.
On June 30, 2026, the parties filed a joint stipulation to stay
this action pending the court's ruling on the plaintiff's
anticipated motion for class certification in the Lopez action.
Allied Waste provides collection, recycling, and disposal
services.
A copy of the Court's order dated July 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CbCicI at no extra
charge.[CC]
AMAZON.COM: Court Narrows Claims in Lyster Suit
-----------------------------------------------
In the class action lawsuit captioned as CAYLA LYSTER, on behalf of
herself and all persons similarly situated, v. AMAZON.COM SERVICES,
LLC, Case No. 1:25-cv-09423-VEC (S.D.N.Y.), the Hon. Judge Caproni
entered an order granting in part and denying in part the
Defendant's motion to dismiss the fourth through eighth causes of
action.
The Clerk of Court is directed to terminate the open motion at Dkt.
20. Prior to the July 10, 2026, conference, the parties must meet
and confer and be prepared to discuss at the conference their plan
for completing discovery. If Plaintiff wishes to seek leave to
amend the Complaint to address the deficiencies described in this
opinion with respect to the class-wide discrimination claims, she
should be prepared to discuss that request at the July 10, 2026,
conference.
The Plaintiff has failed to state a claim of disability
discrimination premised on a failure to accommodate.
At this early stage, however, the temporal proximity between
employees' protected conduct and Defendant's adverse action is
sufficient to plead the requisite causal connection to state a
claim for retaliation.
The Plaintiff Cayla Lyster, an employee of Amazon.com Services,
LLC, claims that the Defendant's policy for monitoring and
disciplining absences discriminates against employees with
disabilities.
The Defendant operates hundreds of logistics facilities, including
over thirty in New York State.
A copy of the Court's opinion and order dated July 2, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=G7dbMY
at no extra charge.[CC]
AMERESCO INC: Gold Class Suit Seeks to Recover Wages Under NYLL
---------------------------------------------------------------
DEAN GOLD, individually and on behalf of all other persons
similarly situated v. AMERESCO, INC., Case No. 158419/2026 (N.Y.
Sup., July 7, 2026) seeks to recover wages and benefits which
Plaintiff was statutorily and/or contractually entitled to receive
for work he performed on various publicly financed projects (Public
Works Projects) subject to contracts between Ameresco and various
New York government entities including but not limited to the City
of New York, the New York City Housing Authority, Department of
Corrections, Long Island Power Authority, New York State Office of
General Services, Dormitory Authority of the State of New York, New
York State Office of Mental Health, New York City Department Of
Citywide Administrative Services, and other New York public
agencies.
According to the complaint, Ameresco was required to pay or ensure
that Plaintiffs were paid at the applicable prevailing wage and
benefit rates for the type of trade work they performed. The
Plaintiffs allege that Ameresco, misclassified its workers, in an
effort to avoid paying the statutory prevailing wage and benefit
rates.
The Plaintiffs performed various types of construction trade work
on the Public Works Projects including boiler repair and
replacement; lighting and ventilation improvements, and; installing
and maintaining photovoltaic systems (solar panels) throughout New
York State.
Ameresco is an energy infrastructure solutions provider offering
new technology and ESPC funding for public and private energy
development.[BN]
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad St, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: lambinder@vandallp.co
APPLE INC: Benavidez Privacy Suit Removed to N.D. Cal.
------------------------------------------------------
The case styled DIMARI BENAVIDEZ, individually and on behalf of all
others similarly situated, Plaintiff, v. APPLE INC., Defendant,
Case No. 26CV497219, was removed from the Superior Court of
California for the County of Santa Clara to the United States
District Court for the Northern District of California on July 14,
2026.
The Clerk of the District Court for the Northern District of
California assigned Case 5:26-cv-07250 to the proceeding.
The lawsuit arises from the misleading advertisements on the safety
and privacy of the Safari web browser pre-installed on Apple
devices and the failure of Apple to provide the privacy protections
to consumers.
The Plaintiff is seeking remedies on behalf of the putative class
for damages, disgorgement of all profits that Apple obtained from
Plaintiff and the Class members, declaratory and injunctive relief
as permitted by law or equity, an order requiring Apple to engage
in a corrective advertising campaign and attorneys' fees and
costs.
Apple, Inc. is an American corporation headquartered in Cupertino,
California.
The Defendant is represented by:
Emily Johnson Henn, Esq.
Kathryn E. Cahoy, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
Facsimile: (650) 632-4800
Email: ehenn@cov.com
kcahoy@cov.com
- and -
Alexander L. Schultz, Esq.
COVINGTON & BURLING LLP
1999 Avenue of the Stars
Los Angeles, CA 90067
Telephone: (424) 332-4800
Email: aschultz@cov.com
APPLE INC: Faces Turner Wage-and-Hour Suit in Cal. Super.
---------------------------------------------------------
KELLY TURNER, on behalf of herself and all other current and former
non-exempt employees, Plaintiff v. APPLE INC., a California Stock
Corporation; and DOES 1 through 50, inclusive, Defendants, Case No.
26STCV21192 (Cal. Super., Los Angeles Cty., July 2, 2026) arises
from the Defendants' alleged unlawful labor practices in violation
of the California Labor Code and the California Business and
Professions Code.
The Plaintiff alleges that Defendants have (1) failed to provide
Plaintiff and all other similarly situated individuals with meal
periods; (2) failed to provide them with rest periods; (3) failed
to pay them premium wages for missed meal and/or rest periods; (4)
failed to pay them premium wages for missed meal and/or rest
periods at the regular rate of pay; (5) failed to pay them at least
minimum wage for all hours worked; (6) failed to pay them overtime
wages at the correct rate; (7) failed to pay them overtime wages by
failing to include all applicable remuneration in calculating the
regular rate of pay; (8) failed to reimburse them for all necessary
business expenses; and (9) failed to provide them with accurate
written wage statements.
Based on these alleged violations, the Plaintiff now brings this
class action to recover unpaid wages, restitution, statutory
penalties, and related relief on behalf of herself and all others
similarly situated.
The Plaintiff has worked for Defendants as an hourly, non-exempt
employee since approximately January 2021.
Apple Inc. is an American multinational technology company
headquartered in Cupertino, California.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Bradley Fagnani, Esq.
Victoria Mas, Esq.
SETAREH LAW GROUP
420 N. Camden Dr., Suite 100
Beverly Hills, CA 90210
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
bradley@setarehlaw.com
vmas@setarehlaw.com
ASP ISOTOPES: Securities Class Action Stayed Amid Settlement Talks
------------------------------------------------------------------
ASP Isotopes Inc. disclosed in a Form 8-K, dated and delivered to
the Securities and Exchange Commission on July 16, 2026, that on
April 3, 2026, following a mediation in which the parties reached
an agreement-in-principle to resolve all claims in the case,
subject to the court's approval, the parties filed a joint
stipulation agreeing to stay an amended securities action. The
latter requires the parties to file a stipulation of settlement and
for the plaintiffs to file a motion for preliminary approval of the
stipulation of settlement within 60 days of the court's approval of
the stipulation, and on April 6, 2026, the court approved it.
On Dec. 4, 2024, a purported stockholder of the company filed a
putative securities class action on behalf of purchasers of its
securities between Oct. 30, 2024, and Nov. 26, 2024, against ASP
Isotopes Inc. and certain of its executive officers in the United
States District Court for the Southern District of New York
captioned "Corredor v. ASP Isotopes Inc., et al." Case No.
1:24-cv-09253. It alleges that the company, its chief executive
officer, and chief financial officer made materially misleading or
false statements or omissions regarding the company's business and
asserts purported claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated
thereunder. The complaint seeks unspecified compensatory damages,
attorneys' fees, and costs.
On May 2, 2025, the court appointed Mark Leone as lead plaintiff
and directed the Clerk of Court to amend the caption to substitute
Leone for Alexander Corredor as plaintiff. On the same date, it
also appointed lead counsel and set deadlines for filing an amended
consolidated class action complaint and briefing schedules for a
motion to dismiss, if any, and class certification. On May 27,
2025, Leone and two additional named plaintiffs filed an amended
class action complaint that asserted the same causes of action and
seeks the same relief as the initial complaint and is based upon
substantially similar factual allegations as the initial
complaint.
On June 27, 2025, Defendants filed a motion to dismiss the Amended
Complaint. Also on June 27, 2025, Plaintiffs filed a motion for
class certification. On Dec. 4, 2025, the court denied in part
Defendants' motion to dismiss and granted Plaintiffs' motion for
class certification.
Additionally, on Jan. 30, 2026, a purported stockholder of the
company filed a derivative action against certain members of the
company's board of directors in the Northern District of Texas
asserting claims for, among others, breach of fiduciary duty,
violation of Section 14(a) of the Securities Exchange Act of 1934,
and a claim for contribution pursuant to Section 21D thereof
captioned "Jenis v. Mann, et al." Case No. 3:26-cv-251, where the
company was named as a nominal defendant.
Separately, on March 2, 2026, a different purported stockholder
filed a derivative action against certain members of the company's
board of directors in the Southern District of New York asserting
claims for, among others, breach of fiduciary duty, violations of
Sections 14(a) and 20(a) of the Securities Exchange Act of 1934,
and a claim for contribution pursuant to Section 21D thereof
captioned "Stewart v. Mann, et al.," Case No. 1:26-cv-1712, where
the company was named as a nominal defendant in the Stewart
Action.
The derivative actions arise out of similar allegations as those
made in the class action where they seek unspecified damages,
disgorgement of compensation, corporate governance reforms, fees,
interest and costs.
ASP Isotopes Inc. is a development-stage company focused on the
production, sales, and distribution of medical and industrial
isotopes. The company aims to deploy proprietary technology to
supply critical isotopes for applications in healthcare, energy,
and other specialized industries.
ASTRANA HEALTH: Coleman Seeks Minimum Wages, OT Under Labor Code
----------------------------------------------------------------
NINA COLEMAN, an individual, on behalf of herself and on behalf of
all persons similarly situated v. ASTRANA HEALTH MANAGEMENT, INC.,
a Corporation; and DOES 1 through 50, inclusive, Case No.
26STCV21467 (Cal. Super., July 7, 2026) contends that the
Defendants failed to pay minimum wages and overtime wages in
violation of the California Labor Code.
Accordingly, the Defendant requires the Plaintiff to work while
clocked out during what is supposed to be Plaintiff's off-duty meal
break. The Plaintiff was from time to time interrupted by work
assignments while clocked out for what should have been Plaintiff's
off-duty meal break.
The Plaintiff's employment with the Defendant started in January of
2023.
Astrana is a healthcare management company that provides medical
care services in California.[BN]
The Plaintiff is represented by:
Kyle R. Nordrehaug, Esq.
Nicholas J. De Blouw, Esq.
Ryan Stygar, Esq.
CENTURION TRIAL ATTORNEYS, APC
8880 Rio San Diego Dr., Suite 800
San Diego, CA 92108
Telephone: (888) 225-5792
AUTOLIV INC: ARC Airbag Inflator Products Liability MDL Ongoing
---------------------------------------------------------------
Autoliv Inc. disclosed in its quarterly report on Form 10-Q, for
the period ending June 30, 2026, dated and delivered to the
Securities and Exchange Commission on July 17, 2026, that it is
facing a multi-district litigation and derivative actions over its
airbags.
Autoliv and certain of its subsidiaries have been named as
defendants in a consolidated class action lawsuit in a
multi-district litigation titled "In Re: ARC Airbag Inflators
Products Liability Litigation," MDL No. 3051, pending in the
Northern District of Georgia. The plaintiffs in this multi-district
litigation, referred to as the ARC Inflator Class Action, assert
claims for fraud, breach of warranty, and violations of consumer
protection and trade practices. These claims arose from ARC
inflators included in airbag modules that Autoliv or its
subsidiaries allegedly supplied after Autoliv acquired certain
Delphi assets in December 2009.
The company discounts any performance issues regarding ARC
inflators included with its airbags at the direction of its
customers that it shipped following the Delphi Acquisition. The
proceedings in the action remain ongoing.
As a related matter, the company further disclosed that in October
2023, a putative shareholder derivative action was filed in the
Northern District of Georgia against certain of its current and
former officers and directors, alleging breaches of fiduciary duty,
unjust enrichment, and violations of federal securities laws
arising from substantially the same facts and circumstances as the
ARC Inflator Class Action. The complaint in this derivative action
seeks, among other relief, damages on behalf of the company,
corporate governance reforms, restitution, disgorgement of profits,
attorneys' fees, and costs. It is named as a nominal defendant in
this lawsuit, and the defendants have moved to dismiss the action.
Autoliv Inc. is a global leader in automotive safety systems,
developing and manufacturing airbags, seatbelts, steering wheels,
and other safety technologies for vehicle manufacturers worldwide.
The company is headquartered in Stockholm, Sweden, and operates
through a network of manufacturing and technical facilities across
multiple regions.
BALLAJ: Plaintiffs Must File Class Certification Bid by Oct. 26
---------------------------------------------------------------
In the class action lawsuit captioned as Hernandez, et al., v.
Ballaj, Case No. 2:23-cv-02965 (E.D. Cal., Filed Dec. 19, 2023),
the Hon. Judge Dale A. Drozd entered an order directing the
Plaintiffs to file their motion for class certification no later
than Oct. 26, 2026.
The Defendant shall file his opposition no later than Dec. 28,
2026.
The plaintiffs shall file their reply brief no later than Jan. 27,
2027.
The nature of suit states Torts -- Personal Property -- Other
Fraud.[CC]
BELIEVE HOME: Gibson Suit Seeks OT Premium Wages Under FLSA
-----------------------------------------------------------
NIA GIBSON, on behalf of herself and similarly situated employees
v. BELIEVE HOME CARE LLC, Case No. 2:26-cv-04715 (E.D. Pa., July 7,
2026) seeks overtime premium wages for hours worked over 40 per
week under the Fair Labor Standards Act and the Pennsylvania
Minimum Wage Act.
The Defendant employs workers who provide live-in senior care
services to Defendant's clients.
The Defendant owns and operates a business that provides home care
services to clients in and around Southeastern Pennsylvania.[BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: pwinebrake@winebrakelaw.com
BOBBY E. WRIGHT: Apolito Seeks to Recover Proper Wages
------------------------------------------------------
MEGAN APOLITO, TERRANCE KNIGHT, LORETTA YOUNG, and DUWANDA JUDSON,
individually and on behalf of all other similarly situated persons,
Plaintiffs v. BOBBY E. WRIGHT COMPREHENSIVE BEHAVIORAL CENTER,
INC., and VELMA WILLIAMS, an individual, Defendants, Case:
1:26-cv-08299 ((N.D. Ill., July 13, 2026) is a class and collective
action complaint to redress Defendant's violations of the Fair
Labor Standards Act, the Illinois Minimum Wage Law and Illinois
Wage Payment and Collection Act and the Illinois Whistleblower Act,
by knowingly failing to pay wages and final compensation, including
accrued paid time off where applicable.
The Plaintiffs were employed by Defendants as a Director, Manager,
Supervisor, or in another similar position and did not receive
minimum wages for all hours worked during the three years preceding
the filing of the Complaint.
The lawsuit arises under the common-law claim of retaliatory
discharge on behalf of Plaintiffs Apolito and Knight based on their
engagement in protected activity and their resulting termination.
Bobby E. Wright Comprehensive Behavioral Center, Inc. is a
corporation specializing in the mental health care industry.[BN]
The Plaintiffs are represented by:
Travis Lampert, Esq.
Mohammed O. Badwan, Esq.
Yasmeen Elagha, Esq.
Kelly Dean Pearce, Esq.
ATLAS LAW CENTER, LTD.
2500 South Highland Avenue, Suite 200
Lombard, Illinois 60148
Telephone: (630) 575-8181
Facsimile: (630) 575–8188
Email: tlampert@atlaslawcenter.com
mbadwan@atlaslawcenter.com
yelagha@atlaslawcenter.com
dpearce@atlaslawcenter.com
BROADCAST MUSIC: Winfrey Must Submit Amended Complaint by August 3
------------------------------------------------------------------
In the class action lawsuit captioned as EUGENE WINFREY, v.
BROADCAST MUSIC, INC., et al., Case No. 1:26-cv-02251-VSB-BCM
(S.D.N.Y.), the Hon. Judge Moses entered an order directing the
Plaintiff to submit his Amended Complaint (or, in the alternative,
his papers in opposition to defendants' motion to dismiss) to this
Court's Pro Se Intake Unit no later than August 3, 2026.
If plaintiff submits an Amended Complaint, he must caption the
document "Amended Complaint," and label it with the docket number
of this action: 26-CV-2251. A form with the appropriate case
caption is attached to this order for plaintiff's convenience.
If he fails to either amend his Complaint or respond to defendants'
motion to dismiss, his claims may be dismissed. Plaintiff is
reminded that he may receive court documents electronically (rather
than waiting for them to be mailed) by completing and submitting a
Consent to Electronic Service form, available at:
https://www.nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases.
The Plaintiff is reminded that he may receive court documents
electronically (rather than waiting for them to be mailed) by
completing and submitting a Consent to Electronic Service form,
available at:
https://www.nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases.
Broadcast is a performance rights organization in the United
States.
A copy of the Court's order dated July 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mbIjrS at no extra
charge.[CC]
CARAWAY HOMES: Shivum Sues Over Cookware Products' Misleading Ads
-----------------------------------------------------------------
KARA SHIVUM, on behalf of herself and all others similarly
situated; Plaintiff v. CARAWAY HOMES, INC. a New York Corporation;
and DOES 1 through 50, inclusive, Defendants, Case No.
1:26-cv-05717 (S.D.N.Y., July 6, 2026) seeks to enjoin Caraway from
deceptively marketing its cookware products, and to recover
compensation for injured Class Members.
Through its uniform untrue and misleading advertising claims,
Caraway misleads consumers about the composition, risks and
benefits of the products. Caraway's marketing statements,
untruthful marketing, labelling scheme and collective advertising
claims deceive reasonable consumers about the products' true risks,
and composition. Similarly, Caraway misrepresents the products'
risks, composition and benefits in a systematic and pervasive
manner. The advertising scheme Caraway perpetuates for the Products
tricks reasonable consumers about the products' benefits and
composition, consequently deceiving them about the products'
advantages, says the suit.
Caraway's misleading marketing tactics include making false
comparisons to cookware made by competitors. The Plaintiff would
not have purchased the products, bought as many units of the
products, or paid as much for the products had Caraway marketed the
products transparently and represented the products' benefits and
composition, including the products' comparison to competitors'
cookware, accurately. Likewise, Plaintiff would not have purchased
the products, would have bought fewer units of the products, or
would have paid a lower price for the products had she understood
the products' advantages and composition, the suit alleges.
Caraway Homes, Inc. provides kitchen ware products. The Company
offers cookware, linens, tea towels, oven mitts, pot holders,
apron, and accessories.[BN]
The Plaintiff is represented by:
Shalini Dogra, Esq.
DOGRA LAW GROUP PC
2219 Main Street, Unit 239
Santa Monica, CA 90405
Telephone: (747) 234-6673
Facsimile: (310) 868-0170
E-mail: shalini@dogralawgroup.com
CHOBANI LLC: Falsely Labels Yogurt's Protein Content, Pitre Says
----------------------------------------------------------------
YOLANDA PITRE and MIKAELA KINDERMAN, individually and on behalf of
all others similarly situated v. CHOBANI, LLC, Case No.
1:26-cv-05759 (S.D.N.Y., July 7, 2026) arises out of Chobani's
misbranding and false and misleading advertising of its Chobani 20G
Protein Greek yogurt products sold in 32-ounce, multi serving
containers as containing 20 grams of protein per serving.
According to the complaint, the Defendant's advertisements,
including its labels, represent the Products as providing 20 grams
of protein per serving (the 20G Protein Claims), but these
representations are unlawful, false, misleading, and likely to
deceive the reasonable consumer because the Products do not contain
20 grams of protein per serving when the serving size is properly
calculated and are therefore less protein dense than advertised.
Instead, rather than providing 20 grams of protein per properly
calculated serving, the Products contain less protein per serving
than Chobani represents. Chobani achieves its "20G Protein"
representation by using an inflated serving size for its 32-ounce,
multi-serving containers, causing consumers to believe the Products
provide 20 grams of protein per serving when, in fact, they do not.
Nonetheless, consumers reasonably understand the "20G Protein"
representations on the Products’ labels and packaging to mean
that the Products contain 20 grams of protein per properly
calculated serving, the suit says.
The Plaintiffs bring this class action on behalf of themselves and
all other similarly situated consumers to recover the amounts
Plaintiffs and Class members overpaid, to prevent Defendant from
continuing to engage in its unlawful, deceptive, and unfair
conduct, and to correct the false perception it has created in the
marketplace through its misrepresentations and omissions of
material facts.
Chobani is an American food company specializing in strained
yogurt. The company was founded in 2005 by Hamdi Ulukaya. Chobani
sells thick, Greek yogurt with a higher protein content than
traditional yogurt and is one of the main companies to popularize
this style of yogurt in the US.[BN]
The Plaintiffs are represented by:
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
- and -
Alexander E. Wolf, Esq.
MILBERG, PLLC, Esq.
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (872) 365-7060
E-mail: awolf@milberg.com
CONAIR LLC: Faces Tompkins Suit Over Defective Grill Brushes
------------------------------------------------------------
MATTHEW TOMPKINS, individually and on behalf of all others
similarly situated, Plaintiff v. CONAIR LLC d/b/a CONAIR,
Defendant, Case No. 1:26-cv-04070 (E.D.N.Y., July 8, 2026) is a
class action seeking damages and equitable relief arising from
Conair LLC's false and misleading representations regarding the
safety of its Cuisinart Metal Wire Bristle Grill Brushes.
According to the complaint, the Defendant represented that the
product was safe and reliable, despite being aware that design and
manufacturing defects rendered it hazardous. Specifically, the
product contains a dangerous defect wherein small metal wire
bristles can detach from the brushes and stick to the grill or
food, posing an ingestion hazard and risk of serious internal
injuries that could require surgery.
On July 2, 2026, the U.S. Consumer Product Safety Commission
announced a recall of approximately 1,719,995 units of the product
sold in stores including Burlington, TJ Maxx, and Ross, and online
including Amazon.com and Cuisinart.com from June 2009 through March
2026. The Plaintiff and other consumers who acquired the product
learned through the Recall that the product posed a serious safety
hazard requiring immediate cessation of use. As a remedy, Defendant
has offered a refund or a credit for use at Cuisinart.com. However,
consumers are required to discard the recalled grill brushes and
undergo a burdensome process to obtain relief, asserts the suit.
Based upon the foregoing, and by selling a dangerously defective
product, the Defendant has breached warranty provisions, violated
New York consumer protection statutes, has been negligent, and has
been unjustly enriched, asserts the complaint.
Conair LLC d/b/a Conair manufactures, markets, and distributes
home, kitchen, and grilling products under the Cuisinart
brand.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
134 Mineola Blvd., 2nd Floor
Mineola, NY 11501
Telephone: (516) 873-9550
E-mail: bcohen@leedsbrownlaw.com
COSTCO WHOLESALE: Protein Powder Contains Heavy Metals, Barton Says
-------------------------------------------------------------------
STEPHEN BARTON, DANIEL LEVINE, SANDI MORGAN, TUCKER JAROLL, CLAIRE
SCHMITT, ANNA BALTZER, and RANDALL HARTWRIGHT, individually and on
behalf of all others similarly situated v. COSTCO WHOLESALE
CORPORATION, a Washington corporation, Case No. 2:26-cv-02364 (W.D.
Wash., July 7, 2026) contends that the Defendant fails to disclose
the protein powder products contain heavy metals for violations of
the Washington Consumer Protection Act.
According to the complaint, the packaging and the point-of-sale for
the alleged contaminated products contain misrepresentations and
partial misstatements that contradict the presence of heavy metals
such as lead, cadmium, and arsenic. Heavy metals are known to pose
significant and adverse health risks and consequences to humans. It
is well-recognized that there are no safe levels of human exposure
to any of the heavy metals, including cadmium and lead. Exposure to
heavy metals, including cadmium and lead, can cause negative health
effects, such as various cancers, gastric and vascular disorders,
liver, kidney, and brain damage, miscarriages, and reproductive
disorders, says the suit.
Costco Wholesale Corporation sells Orgain Organic Protein Powder in
its stores and online.[BN]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Shelby Smith, Esq.
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
shelby@hbsslaw.com
- and -
Rebecca A. Peterson, Esq.
Krista K. Freier, Esq.
Catherine A. Peterson, Esq.
HECHT PARTNERS LLP
1650 West 82nd Street, Suite 880
Bloomington, MN 55431
Telephone: (612) 778-9595
E-mail: rpeterson@hechtpartners.com
kfreier@hechtpartners.com
cpeterson@hechtpartners.com
CRATE & BARREL: Removes Iniguez Suit to W.D. Wash.
--------------------------------------------------
The Defendant in the case of ALVARO INIGUEZ; and MARY ANN
TOLENTINO, individually and on behalf of all others similarly
situated, Plaintiff v. CRATE & BARREL HOLDINGS, INC.; and
EUROMARKET DESIGNS, INC., Defendants, filed a notice to remove the
lawsuit from the Superior Court of the State of Washington, County
of King (Case No. 26-2-18643-0 SEA) to the U.S. District Court for
the Western District of Washington on July 7, 2026.
The clerk of court for the Western District of Washington assigned
Case No. 2:26-cv-02370.
Crate & Barrel Holdings, Inc. provides home furnishing products.
The Company offers rugs, furniture, tabletop, bedding, and lighting
products. [BN]
The Defendants are represented by:
John C. Versnel, III, Esq.
Maxwell Wesemann, Esq.
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
520 Pike Street, Suite 2350
Seattle, WA 98101
Telephone: (206) 709-5900
Facsimile: (206) 709-5901
Email: john.versnel@wilsonelser.com
maxwell.wesemann@wilsonelser.com
CURBSURE LLC: Class Cert Bid Filing in Sigurdson Due Jan. 14, 2027
------------------------------------------------------------------
In the class action lawsuit captioned as KAREN SIGURDSON, v.
CURBSURE, LLC, Case No. 5:26-cv-01537-BLF (N.D. Cal.), the Hon.
Judge Freeman entered a case management order as follows:
(1) The presumptive limits on discovery set forth in the Federal
Rules of Civil Procedure shall apply to this case unless
otherwise ordered by the Court.
(2) The deadline for joinder of any additional parties, or other
amendments to the pleadings, is 60 days after entry of this
order unless stated otherwise below.
The case is referred to private mediation to be completed 150 days
of this order.
The Court further orders that the following schedule and deadlines
shall apply:
Event Date Or Deadline
Last day to request leave to amend the 60 Days from Date
pleadings per Fed. R. Civ. P. 15 of this Order
Last day to file motion for class Jan. 14, 2027
certification:
Last day to hear dispositive motions: July 22, 2027,
at 9:00 am.
Final pretrial conference: Oct. 28, 2027,
at 1:30 pm.
Trial: Nov. 29, 2027,
at 9:00 am.
CurbSure offers car insurance.
A copy of the Court's order dated July 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mR7PIw at no extra
charge.[CC]
CYBERPOWER INC: Website Inaccessible to the Blind, Williams Says
----------------------------------------------------------------
MILTON WILLIAMS, on behalf of himself and all other persons
similarly situated, Plaintiff v. CYBERPOWER INC., Defendant, Case
No. 1:26-cv-05736 (S.D.N.Y., July 7, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its interactive website, www.cyberpowerpc.com
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of the
Americans with Disabilities Act.
During Plaintiff's visits to the website, including on May 7, 2026
and May 8, 2026, in an attempt to purchase a Tracer IX Edge Pro
LC16 300 from Defendant and to view the information on the website,
the Plaintiff encountered multiple access barriers that denied him
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. The Plaintiff was unable to
locate pricing and was not able to add the item to the cart due to
broken links, pictures without alternate attributes and other
barriers on Defendant's website, says the suit.
The Plaintiff, hence, seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that its website will become and remain accessible to blind and
visually-impaired consumers.
CyberPower Inc. operates the website that offers gaming
products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: jeffrey@gottlieb.legal
dana@gottlieb.legal
michael@gottlieb.legal
DECKERS OUTDOOR: Fails to Return Illegal Subject Tariffs, Suit Says
-------------------------------------------------------------------
SAFAH DULIN, individually and on behalf of all others similarly
situated v. DECKERS OUTDOOR CORPORATION, Case No. 2:26-cv-07346
(C.D. Cal., July 7, 2026) seeks to ensure that the Plaintiff's and
the proposed Classes' payment of the illegal Subject Tariffs are
returned and therefore demand monetary, equitable, injunctive, and
declaratory relief.
According to the complaint, Deckers's retention of those costs
unjustly profits Deckers at the expense of the consumers. Beginning
in February 2025, President Trump issued a series of executive
orders invoking the International Emergency Economic Powers Act to
impose new and significant tariffs on imports from nearly every
foreign country, including those from which Deckers sources its
Products.
Following the imposition of Subject Tariffs, Deckers Chief
Financial Officer Steven Fasching publicly stated that Deckers
would implement price increases across its product lines to manage
the financial impact of the Subject Tariffs. Consistent with these
statements, retail prices for the Products increased in the United
States as a result of the tariffs. The Plaintiff and the Class
purchased the Products after these price increases took effect and,
as a result, paid higher prices reflecting these tariff-related
adjustments (Tariff Costs).
At the same time, Deckers challenged the legality of the Subject
Tariffs in the United States Court of International Trade (CIT),
seeking to halt enforcement of the tariff orders and obtain refunds
of the duties it paid because of the Subject Tariffs. In demanding
a refund for duties paid because of the Subject Tariffs, Deckers
did not acknowledge the consumers to whom Deckers had passed on the
economic burden of those duties through Tariff Costs.
The case before the Court of International Trade was stayed pending
the Supreme Court's resolution of V.O.S. Selections, Inc. v. Trump,
in which businesses challenged the lawfulness of the Subject
Tariffs. On February 20, 2026, the Supreme Court held that the
Subject Tariffs were unlawful.
Despite seeking an order entitling it to a refund of its duties
collected as a result of the Subject Tariffs, Deckers continues to
collect and has not refunded the Tariff Costs it collected from
consumers. Upon the determination that the Subject Tariffs were
unlawful, giving rise to Deckers's right to receive the duties it
paid under the unlawful tariff scheme, Deckers is likewise
obligated to return the corresponding Tariff Costs collected from
Plaintiff and Class members, says the suit.
Deckers sells and markets various footwear products under the UGG,
HOKA, and Teva brands through brick-and-mortar stores and
online.[BN]
The Plaintiff is represented by:
Raphael Janove, Esq.
JANOVE PLLC
115 Broadway, 5th Floor
New York, NY 10006
Telephone: (646) 347-3940
E-mail: raphael@janove.law
EARNIN US1: Faces Taylor Suit Over Compromised Clients' Info
------------------------------------------------------------
VIVIAN TAYLOR, individually and on behalf of all others similarly
situated, Plaintiff v. EARNIN US1 LLC d/b/a EARNIN and ACTIVEHOURS,
INC. d/b/a EARNIN, Defendants, Case No. 5:26-cv-06673 (N.D. Cal.,
July 1, 2026) is a class action against the Defendants for
negligence, breach of implied contract, breach of implied covenant
of good faith and fair dealing, invasion of privacy, unjust
enrichment, breach of fiduciary duty, violations of California
Unfair Competition Law and California Consumer Privacy Act, and
declaratory judgment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated individuals stored within Earnin's network
systems following a data breach discovered on or about November 7,
2025. The Defendants also failed to timely notify the Plaintiff and
similarly situated individuals about the data breach. As a result,
the private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties.
EarnIn US1 LLC, doing business as EarnIn, is a financial technology
company, headquartered in Mountain View, California.
Activehours, Inc., doing business as EarnIn, is a financial
technology company, headquartered in Mountain View, California.
[BN]
The Plaintiff is represented by:
Carly M. Roman, Esq.
STRAUSS BORRELLI PLLC
2261 Market Street, Ste. 22946
San Francisco, CA 94114
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: croman@straussborrelli.com
GENERAL MILLS: Thomas Sues Over Cereal Products' False Ads
----------------------------------------------------------
MARSHEYNTH THOMAS, on behalf of himself and all others similarly
situated, Plaintiff v. GENERAL MILLS, INC.; and DOES 1 through 50,
Inclusive, Defendants, Case No. 26STCV21293 (Cal. Super., Los
Angeles Cty., July 6, 2026) seeks to enjoin Defendant General Mills
from deceptively marketing its "CHEERIOS(TM) PROTEIN" cereal
product line, and to recover compensation for injured Class
Members.
According to the complaint, through its uniform untrue and
misleading advertising claims, General Mills misleads consumers
about the nutritional value, disadvantages and benefits of the
product. Likewise, the marketing tactics General Mills employs,
such as deceptively over- emphasizing the product's protein levels
and relying on material omissions about the product's sugar
concentration, perpetuate a false health halo marketing scheme that
deceives consumer about the product's health risks.
Allegedly, Plaintiff and other consumers who purchased the product
were injured by Defendant General Mills' acts and omissions
concerning product's nutritional content. No reasonable consumer
would know, or have reason to know, that the product posed more
egregious health risk than Defendant General Mills represented, or
lacked the benefits Defendant General Mills advertised. The
Plaintiff would not have purchased the product, bought as many
boxes of the product, or paid as much for the product had Defendant
General Mills marketed the product transparently and represented
the product's nutritional benefits accurately, says the suit.
General Mills is a statewide and nationwide food manufacturer that
specializes in producing various types of cereals to sell
throughout California and the United States.[BN]
The Plaintiff is represented by:
Shalini Dogra, Esq.
DOGRA LAW GROUP PC
2219 Main Street, Unit 239
Santa Monica, CA 90405
Telephone: (747) 234-6673
Facsimile: (310) 868-0170
E-mail: shalini@dogralawgroup.com
GOOGLE LLC: Illegally Captures Facial Biometrics, Trevino Suit Says
-------------------------------------------------------------------
BARBARA TREVINO, individually and on behalf of all others similarly
situated, Plaintiff v. GOOGLE LLC, Defendant, Case No.
5:26-cv-06694 (N.D. Cal., July 1, 2026) is a class action against
the Defendant for intrusion upon seclusion and violations of
California Constitutional Right to Privacy and California Civil
Code.
The case arises from Google's practice of capturing the biometric
and facial data of every person that passes within its Google Nest
devices without obtaining prior consent. According to the
complaint, the devices capture facial details, biometric data, and
non-biometric details from every passerby and compile this
information into a vast library of data called the "Familiar Faces
Library." As a result of Google's actions, the Plaintiff and Class
members suffered damages.
Google LLC is a technology company, headquartered in Mountain View,
California. [BN]
The Plaintiff is represented by:
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Theodore W. Maya, Esq.
Lisa Cintron, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
Email: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
tmaya@ahdootwolfson.com
lcintron@ahdootwolfson.com
HOME DEPOT: Wright Sues Over Unauthorized Sale of Consumers' Info
-----------------------------------------------------------------
WILLIAM E. WRIGHT, individually and on behalf of all others
similarly situated, Plaintiff v. THE HOME DEPOT, INC., Defendant,
Case No. 2:26-cv-00683-MSD-RJK (E.D. Va., July 1, 2026) is a class
action against the Defendant for violation of Virginia's Personal
Information Privacy Act and unjust enrichment.
The case arises from the Defendant's practice of selling the
personally identifiable information (PII) of its consumers to third
parties without consent. According to the complaint, the Defendant
profits handsomely from the unauthorized sale and disclosure of
consumers' purchasing patterns and other personal information and
does so at the expense of its consumers' statutory privacy rights.
As a result of the Defendant's unlawful conduct, the Plaintiff and
similarly situated consumers suffered damages.
The Home Depot, Inc. is a home improvement retailer, headquartered
in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
CONSUMER LITIGATION ASSOCIATES, PC
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
Email: lenbennett@clalegal.com
craig@clalegal.com
- and -
Joe Marchese, Esq.
Ira Rosenberg, Esq.
BURSOR & FISHER, PA
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Email: jmarchese@bursor.com
irosenberg@bursor.com
HOMEBODY INSURANCE: Loses Bid to Arbitrate Rent-Fee Suit
--------------------------------------------------------
In the case captioned as Brittany Heffner, individually and on
behalf of all others similarly situated, Plaintiff, v. Homebody
Insurance Agency, LLC, et al., Defendants, Civil No. 25-3634-BAH
(D. Md.), Judge Brendan A. Hurson of the United States District
Court for the District of Maryland denied Homebody Insurance
Agency, LLC's motion to compel arbitration and granted WP&M Real
Estate Group, LLC's motion to dismiss all claims against it.
Plaintiff brought this putative class action suit alleging that
Defendants violated the Credit Repair Organizations Act (CROA),
Section 8-208 of the Real Property Article of the Maryland Code,
the Maryland Consumer Protection Act (MCPA), and the Maryland
Credit Services Businesses Act (MCSBA). Plaintiff entered into a
residential lease with WP&M in November 2024 and, during the
leasing process, WP&M's agents presented a Homebody Rent Reporting
Lease Addendum, under which all residents were automatically
enrolled in a rent-reporting service operated by Homebody. After
one free month, Plaintiff incurred and paid a monthly fee of 8.95
dollars for the service.
Homebody moved to compel arbitration based on an arbitration clause
contained in its online terms of use, incorporated by reference
into the lease addendum. Plaintiff opposed, arguing the arbitration
provision was illusory because Homebody's terms allowed
modification at any time and in its sole discretion, with changes
effective immediately upon posting online. The court agreed with
Plaintiff. Applying Maryland contract law, the court explained that
a promise to arbitrate is illusory where the modifying party
retains the unilateral right to alter the arbitration terms without
advance notice or an opportunity to reject the change. Because
Homebody's modification clause provided only after-the-fact notice
through website posting, rather than advance notice allowing
Plaintiff to exit before a change took effect, the court found the
arbitration promise illusory and unsupported by consideration. The
court rejected Homebody's argument that the arbitration terms never
actually changed during Plaintiff's tenancy, noting that it is the
retained power to modify, not whether that power was exercised,
that renders a promise illusory. Homebody's motion to compel
arbitration was therefore denied.
WP&M separately moved to dismiss all five counts against it. On the
CROA claim, the court found the complaint alleged that Homebody,
not WP&M, provided the rent-reporting service, and that nothing in
the complaint suggested WP&M sold or offered credit repair services
for a fee. The court dismissed this count as to WP&M.
On the Real Property Section 8-208 claim, which prohibits landlords
from including lease provisions that require tenants to waive
statutory rights, the court found the arbitration and
class-action-waiver language existed only in Homebody's separate
terms of use, not in the lease itself, and was enforceable by
Homebody rather than WP&M. The complaint also failed to allege any
actual damages tied to inclusion of the arbitration clause, since
Plaintiff's fees stemmed from automatic enrollment and her own
failure to opt out, not from the clause's inclusion.
On the MCPA claim, the court found Plaintiff failed to allege that
she relied on any misrepresentation by WP&M. She did not allege
that she would have declined the lease or the rent-reporting
program had WP&M disclosed additional information, a required
element of an MCPA claim based on omission or misrepresentation.
On the MCSBA claim, the court held that the complaint did not
plausibly allege WP&M functioned as a credit services business,
since the pleaded facts showed only Homebody advertised the program
as a credit-building tool. Plaintiff also failed to allege any
actual injury, such as depressed credit scores or lost housing
opportunities, resulting from WP&M's conduct.
Because all substantive claims against WP&M failed, the court
dismissed Plaintiff's derivative claim for declaratory and
injunctive relief as well, noting such relief is not an independent
cause of action. WP&M was dismissed as a defendant.
The court granted Plaintiff leave to file a motion for leave to
amend her complaint, along with a proposed amended pleading, within
twenty-one days, while noting this ruling does not guarantee that
amendment will ultimately be permitted. Homebody was directed to
answer the complaint within fourteen days.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=BVuzUe from PacerMon
INTER-CON SECURITY: Fails to Secure Personal Info, Gomez Alleges
----------------------------------------------------------------
IAN GOMEZ and JOHN WHALEN, individually and on behalf of all others
similarly situated v. INTER-CON SECURITY SYSTEMS, INC., Case No.
2:26-cv-07351 (C.D. Cal., July 7, 2026) is a class action
individually and on behalf of all other individuals who had their
highly sensitive personal and financial information, including but
not limited to full names, addresses, Social Security numbers,
employer identifiers, wage and compensation data, detailed tax
withholding information, and other personally identifiable
information disclosed to unauthorized third parties during a data
breach compromising Inter-Con's systems in June 2026.
On or about June 18, 2026, the ransomware and extortion group known
as ShinyHunters publicly claimed responsibility for compromising
Inter-Con's network and announced that it had stolen approximately
2.7 million records and internal corporate data. The threat actors
further warned that they intended to publish the stolen information
if Inter-Con failed to comply with their demands, says the suit.
Inter-Con is a privately held security services company. Inter-Con
provides security services to Fortune 500 companies, public
utilities, airports, critical infrastructure, and federal, state,
and local government agencies throughout the United States and
internationally.[BN]
The Plaintiff is represented by:
Tina Wolfson, Esq.
Deborah De Villa, Esq.
Yufei Wang, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505-4521
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
ddevilla@ahdootwolfson.com
ywang@ahdootwolfson.com
- and -
Bradley K. King, Esq.
AHDOOT & WOLFSON, PC
521 Fifth Avenue, 17th Floor
New York, NY 10175
Telephone: (917) 336-0171
Facsimile: (917) 336-0177
E-mail: bking@ahdootwolfson.com
JACKERY INC: Wilson Seeks Equal Website Access for the Blind
------------------------------------------------------------
HOWARD WILSON, on behalf of himself and all others similarly
situated, Plaintiff v. JACKERY, INC., Defendant, Case No.
1:26-cv-07988 (N.D. Ill., July 8, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its website, www.jackery.com to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people in violation of the Americans with
Disabilities Act.
The Plaintiff was injured when he attempted multiple times, most
recently on December 9, 2025, to access Defendant's website from
his home in an effort to shop for Defendant's portable energy
source capable of supporting household power needs and backup use,
but encountered barriers that denied his full and equal access to
Defendant's online goods, content and services.
Due to Defendant's failure to build the website in a manner that is
compatible with screen access programs, the Plaintiff was unable to
understand and properly interact with the website, and was thus
denied the benefit of purchasing the home power solution, he wished
to acquire from the website, the complaint asserts.
The Plaintiff, hence, seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that its website will become and remain accessible to blind and
visually-impaired consumers.
Jackery, Inc. operates the website that offers portable power
solutions, power stations, solar generators, and energy storage
systems designed for home backup, outdoor use, and emergency
preparedness.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500 ext. 101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
JINON CORP: Fails to Pay Proper Wages, Ortiz Alleges
----------------------------------------------------
ZULEMA ORTIZ, individually and on behalf of all others similarly
situated, Plaintiff v. JINON CORPORATION; RITA LETICIA NAVA MERA;
ALFRED STEPHEN BLANKENSEE; YOSHIKO TSUJINO; MATASABURO C. TSUJINO;
and DOES 1 THROUGH 100, INCLUSIVE, Defendants, Case No. 26STCV21442
(Cal. Sup., Los Angeles Cty., July 7, 2026) is an action against
the Defendant for failure to pay minimum wages, overtime
compensation, provide meals and rest periods, and provide accurate
wage statements.
Plaintiff Ortiz was employed by the Defendants as a kitchen
worker.
Jinon Corporation, doing business as Nijiya market, provides retail
sale of canned food and dry goods. The Company offers fresh
seafood, stocks meat, organic vegetables, fruits, and sushi. [BN]
The Plaintiff is represented by:
Michael C. Robinson, Jr., Esq.
Orion S. Robinson, Esq.
ROBINSON DI LANDO
A PROFESSIONAL LAW CORPORATION
801 S. Grand Ave., Suite 500
Los Angeles, CA 90017
Telephone: (213) 229-0100
Email: mrobinson@rdwlaw.com
orobinson@rdwlaw.com
KAISER FOUNDATION: Faces Harris Class Action Suit Over ALPR System
------------------------------------------------------------------
YOLANDA HARRIS, LILLIAN ELLIOTT, SARAH STIERCH, individually and on
behalf of all others similarly situated v. KAISER FOUNDATION HEALTH
PLAN, INC. D/B/A KAISER PERMANENTE, Case No. 26CV197879 (Cal.
Super., July 7, 2026) is a class action on behalf of themselves and
all similarly situated individuals whose vehicles were captured by
ALPR systems at Kaiser's California facilities during the class
period.
According to the complaint, Kaiser has installed automated license
plate recognition cameras (the ALPR System), operated in whole or
in part through its ALPR vendor Flock Group, Inc. at the entrances
and exits of its California Kaiser facilities and parking lots.
These cameras capture the license plate, make, model, color, and
distinguishing features of every vehicle entering Kaiser's
properties, log that data with precise timestamps and location
information (the Surveillance Data), and feed it into a
centralized, searchable database accessible to law enforcement
agencies (the Flock Network).
Californians' visits to their doctors are being tracked and shared
with third parties as a result of Kaiser's ALPR System. Kaiser did
this secretly, and it did so knowingly. For years, Kaiser installed
and operated its ALPR System at its California medical facilities
without posting any ALPR-specific use and privacy policy on its
websites, and without conspicuously disclosing to members and
patients that their Surveillance Data was being captured, stored,
and shared with law enforcement. Surveillance is conducted using AI
technology that facilitates the review of information related to
visitor vehicles, and tracking data is shared directly with law
enforcement agencies and private corporate entities, says the
suit.
The Plaintiffs seek statutory damages of not less than $2,500 per
person harmed, punitive damages, injunctive relief, and attorneys'
fees as provided by the ALPR Act and the Unfair Competition Law.
During the class period, Plaintiff Harris drove to and parked at
numerous Kaiser Permanente facilities throughout Alameda County,
including its San Leandro, Union City, Oakland, Berkeley, and
Emeryville locations, on a recurring basis with visits documented
as recently as June 2026.
The Defendant is a healthcare network managing health insurance
plans, medical groups, and hospitals for roughly 12.9 million
individuals, a large portion of whom reside throughout California.
These integrated medical centers experience heavy daily traffic
from members, patients, and the public who enter the properties to
receive clinical care, obtain prescriptions, or accompany friends
and relatives during medical appointments.[BN]
The Plaintiffs are represented by:
Jason M. Ingber, Esq.
LEVI & KORSINSKY, LLP
3580 Wilshire Boulevard, Suite 1260
Los Angeles, CA 90010
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: jingber@zlk.com
- and -
Mark S. Reich, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 27th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: mreich@zlk.com
KONICA MINOLTA: Appeal Filed in Cezus Case in Third Cir.
--------------------------------------------------------
Konica Minolta Business Solutions U.S.A., Inc. filed an appeal from
a court decision in the case captioned, JAMES CEZUS vs. KONICA
MINOLTA BUSINESS SOLUTIONS U.S.A., INC., Case No.
2:21-cv-00792-JXN-LDW.
The appeal was filed on July 7, 2026 before the U.S. Court of
Appeals for the Third Circuit, and captioned as JAMES CEZUS vs.
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., Case No. 26-8035
(3rd Cir.).
Konica Minolta Business Solutions USA Inc. provides management
technologies and IT Services. The Company offers services, such as
production print systems, digital presses, multifunctional
products, optimized print services, vertical application solutions,
and developer support program. [BN]
The Defendant is represented by:
Jennifer A. Hradil, Esq.
Kristin D. Sostowski, Esq.
Bria S. Beaufort, Esq.
FBT GIBBONS LLP
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
KONTOOR US: Must Return Unlawfully Charged Tariffs, Tlaib Says
--------------------------------------------------------------
MOHAMAD TLAIB, individually and on behalf of similarly situated
individuals, Plaintiff v. KONTOOR US LLC, a Delaware corporation,
Defendant, Case No. 1:26-cv-00631 (M.D.N.C., July 2, 2026) is an
action for damages and any other available legal or equitable
remedies, resulting from Defendant's practice of charging Plaintiff
and other customers inflated prices in response to unlawfully
imposed tariffs.
The suit arises from the Defendant's retention of windfall profits
generated as a consequence of the unlawful tariffs imposed by the
administration of U.S. President Donald Trump under the
International Emergency Economic Powers Act. This windfall is a
direct result of Defendant systematically passing on the costs of
IEEPA tariffs to its own customers through elevated product prices,
and then seeking a refund from the federal government for those
same tariffs.
The Defendant paid IEEPA tariffs when it imported the products
and/or components of the products Plaintiff and similarly situated
consumers purchased. To offset the cost of paying IEEPA tariffs,
the Defendant passed those costs on to Plaintiff and similarly
situated consumers by inflating the prices of its products, says
the suit.
On February 20, 2026, the United States Supreme Court held that the
IEEPA and other statutes cited in the Tariff Executive Orders do
not authorize the President to impose tariffs. The Defendant has
sought a refund of the tariffs it paid pursuant to the Tariff
Executive Orders through a complaint filed in the United States
Court of International Trade. Despite having sought tariff refunds
for itself in the Court of International Trade, Defendant has made
no commitment to return any portion of its anticipated tariff
refunds to the consumers who ultimately bore the costs of such
tariffs through elevated prices, asserts the complaint.
Accordingly, Plaintiff brings this action individually and on
behalf of similarly situated individuals to seek redress for
violations of the North Carolina Unfair and Deceptive Trade
Practices Act, as well as common law Unjust Enrichment and common
law Money Had and Received, and for such other relief as the Court
may deem just and appropriate.
Kontoor US LLC is a U.S.-based company organized in the State of
Delaware with its headquarters located in Greensboro, North
Carolina. Kontoor US LLC is an apparel company that designs,
manufactures, sources and distributes apparel in the United States
under various brand names, including Wrangler, Lee, Helly Hansen,
and Musto.[BN]
The Plaintiff is represented by:
James R. DeMay, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
900 West Morgan Street
Raleigh, NC 27603
Telephone: (704) 941-4648
E-mail: jdemay@brysonpllc.com
KROGER CO: Curtis Suit Seeks Minimum Wage, OT Compensation
----------------------------------------------------------
KIARA CURTIS, ELLIS SHIPMAN, and HEATHER WILSON, on behalf of
themselves and all others similarly situated v. THE KROGER CO. Case
No. 1:26-cv-03036 (D. Colo., July 7, 2026) challenges Kroger's
alleged long standing policy of failing to properly compensate its
non-exempt employees for all hours that they worked.
According to the complaint, Kroger instituted a policy of requiring
its employees to wait in line and pass a security screening before
clocking-in for the day. Similarly, Kroger instituted a policy of
requiring its employees to wait in line and pass a security
screening after clocking-out for the day.
Further, Kroger instituted a policy of failing to pay for time
spent working during meal periods. Kroger deducted time for a meal
break even when no meal break was taken by Plaintiffs. Kroger also
violated Colorado law in failing to provide a 10 minute paid rest
break for each four hours worked, the suit contends.
The Plaintiffs worked for Kroger in Colorado and bring their claims
under the Colorado Wage Claim Act and the Colorado Overtime and
Minimum Pay Standards Orders.
Kroger is a retail corporation that operates supermarkets and
department stores that sells groceries and products to
customers.[BN]
The Plaintiffs are represented by:
Don J. Foty, Esq.
FOTY LAW GROUP
2 Greenway Plaza, Suite 250
Houston, TX 77046
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: dfoty@fotylawgroup.com
LAKESHORE LEARNING: Flores Seeks Minimum, OT Wages Under FLSA
-------------------------------------------------------------
ROBERTO FRANCO FLORES, an individual, on behalf of himself and
others similarly situated v. LAKESHORE LEARNING MATERIALS, LLC, a
California limited liability company; LAKESHORE, a company of
unknown form; LAKESHORE LEARNING CORPORATE, a company of unknown
form; KORE1 SOLUTIONS, LLC, a Nevada limited liability company; and
DOES 1 through 50, inclusive, Case No. 26STCV21337 (Cal. Super.,
July 7, 2026) contends that the Defendants failed to pay minimum
wages and overtime wages under the Labor Code.
The Plaintiff will seek to represent and certify the putative
Classes currently composed of and defined as follows:
a. Minimum Wages Class: All Class members who were subjected to
Defendants' policies and practices regarding the payment of minimum
wages as specifically described herein.
b. Overtime Class: All Class members who were subjected to
Defendants' policies and practices regarding the payment of
overtime wages as specifically described herein.
c. On-Call Class: All Class members who were not compensated for
all hours worked for Defendants at the required rates of pay,
including for all hours worked in excess of eight in a day and/or
forty in a week while they were on-call.
d. Meal Period Class: All Class members who were subjected to
Defendants' policies and practices regarding meal periods as
specifically described herein
e. Rest Period Class: All Class members who were subjected to
Defendants' policies and practices regarding paid rest periods as
specifically described herein.
f. Wage Statement Class: All Class members who were subjected to
Defendants' policies and practices regarding itemized wage
statements as specifically described herein.
g. Failure to Timely Pay Class: All Class members who were subject
to Defendants' policy and practice of not timely paying all wages
earned when they were due and payable at least twice monthly.
h. Termination Pay Class: All Class members who, within the
applicable limitations period, either voluntarily or involuntarily
separated from their employment and were subject to Defendants'
policy and/or practice of failing to timely pay wages upon
termination.
i. Unauthorized Deductions from Wages Class: All Class members who
were subjected to Defendants' policies and practices regarding wage
deductions as specifically described herein.
j. Expense Reimbursement Class: All Class members who were
subjected to Defendants' policies and practices regarding business
expense reimbursement as specifically-described herein.
k. UCL Class: All Class members who are owed restitution as a
result of Defendants' business acts and practices, to the extent
such acts and practices are found to be unlawful, deceptive, and/or
unfair.
Accordingly, the Plaintiff and the other similarly situated
Employees of Defendants worked in Defendants' facilities at
Defendants' behest and without being paid all wages due and without
being provided all their required meal periods and rest breaks.
Lakeshore Learning is a chain of educational supply stores. [BN]
The Plaintiff is represented by:
Roman Shkodnik, Esq.
Jean Hopkins Power, Esq.
D.LAW, INC.
250 N Madison Avenue, 2nd Floor
Pasadena, CA 91101-1639
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
E-mail: R.Shkodnik@d.law
J.Power@d.law
LIVING SPACES: Betanco PAGA Claims Allowed to Proceed in Court
--------------------------------------------------------------
In the case of LUIS BETANCO, Plaintiff and Respondent, v. LIVING
SPACES FURNITURE, LLC, et al., Defendants and Appellants. LUIS
BETANCO, Plaintiff and Respondent, v. LIVING SPACES FURNITURE, LLC,
et al., Defendants and Appellants, Case Nos. A169754, A169755,
A169756, A169768 (Cal. App.), the Court of Appeals of California,
First District, Division One, held that Betanco was a
transportation worker exempt from arbitration under Section 1 of
the Federal Arbitration Act (FAA) and that he could pursue his
representative claims under the Labor Code Private Attorneys
General Act of 2004 (PAGA) in court, affirming the trial court's
orders.
After Respondent Betanco filed a class action lawsuit and a
separate PAGA action (Lab. Code, Section 2698 et seq.) against
Appellants Living Spaces and Of Service Transportation, LLC, the
Appellants moved to compel arbitration. The trial court partially
granted and partially denied the motion. On appeal, the Appellants
argued that the trial court erred in finding Betanco was a
"transportation worker" exempt from arbitration under Section 1 of
the FAA. They also argued that the court should have dismissed
Betanco's nonindividual PAGA claims.
Living Spaces operates furniture stores and distribution centers
across several states, including California. Its products are
manufactured both domestically and internationally, including in
Mexico, before being shipped to its California locations. The
company contracts with delivery providers, including Of Service, to
transport merchandise from its distribution centers to customers.
In 2018, Betanco began working as a delivery driver for Of Service,
transporting Living Spaces furniture from its warehouse to
customers. In 2019, he signed an independent contractor agreement
through his company, Betanco Trucking, Inc., which required
disputes with Of Service to be resolved through binding arbitration
under the FAA. The agreement also prohibited class, collective, or
representative arbitration without mutual consent. Although Living
Spaces was not a party to the agreement, it later argued that the
arbitration clause applied to Betanco's claims because it was an
intended beneficiary. Betanco stopped working for Of Service in
2021 after raising concerns about long hours and inadequate pay.
Betanco filed two lawsuits against Living Spaces and Of Service
that were consolidated on appeal. In the first, a class action
filed in September 2021, Betanco alleged Labor Code violations,
including unpaid minimum wages and overtime, failure to provide
meal and rest breaks, and unlawful wage deductions. The action was
brought on behalf of Betanco and "all non-employee individuals who
performed delivery services for Appellants as a Contract Carrier,
Driver, and/or Helper in the State of California."
In December 2021, Betanco filed a separate PAGA action seeking
civil penalties for alleged Labor Code violations on behalf of
himself and other aggrieved employees. Both Living Spaces and Of
Service filed answers to the two lawsuits.
About a year and a half after the lawsuits were filed, including an
eight-month stay for mediation, Living Spaces and Of Service filed
a joint petition to compel arbitration in both cases. The petition
sought to arbitrate all of Betanco's claims and dismiss his
nonindividual PAGA claims under Viking River Cruises, Inc. v.
Moriana (2022).
Betanco opposed the motion, arguing that arbitration was barred
under the FAA because he was a transportation worker engaged in
interstate commerce and therefore exempt from FAA coverage. He also
argued that Viking River did not apply because the FAA exemption
prevented enforcement of the arbitration agreement.
The trial court partially granted the motion to compel arbitration.
It found that Betanco was equitably estopped from challenging
arbitration based on Living Spaces' status as a nonsignatory
because he alleged that he worked as the company’s employee and
agent. The court also found that Living Spaces and Of Service did
not waive their right to arbitrate and that the arbitration
agreement was not unconscionable. These rulings were not challenged
on appeal.
The trial court agreed with Betanco that he was a transportation
worker engaged in interstate commerce and therefore exempt from FAA
coverage. Applying state law instead, it found that Betanco failed
to show the class arbitration waiver was unenforceable under Gentry
v. Superior Court (2007) 42 Cal. 4th 443 and declined to invalidate
the waiver. However, it ruled that Betanco's unpaid wage claims
could proceed in court under Labor Code section 229 despite the
arbitration agreement.
The trial court then denied the Appellants' request to dismiss
Betanco's representative PAGA claims, finding that he had standing
to pursue them under Adolph v. Uber Technologies, Inc. (2023).
However, it stayed those claims until after Betanco completed
arbitration of his individual PAGA claims.
The trial court's order required Betanco to arbitrate his claims
for reimbursement of employee expenses, inaccurate wage statements,
and unfair competition, as well as his individual PAGA claims. It
stayed both the class action and PAGA action while arbitration
proceeded.
Living Spaces and Of Service appealed the trial court's orders in
both the class action and PAGA action. The Court of Appeals
consolidated the four related appeals (A169754, A169755, A169756,
A169768) and allowed the parties to submit joint briefs. After oral
argument, it delayed its decision at the Appellants' request
pending the U.S. Supreme Court's decision in Flowers Foods, Inc. v.
Brock, after which the parties filed supplemental briefs.
The Appellants argued that the trial court erred in finding Betanco
was a "transportation worker" exempt from the FAA under Section 1.
Reviewing the issue de novo because the facts were undisputed, the
Court of Appeals agreed with the trial court that Betanco qualified
as a transportation worker because he delivered goods that were
destined for customers as part of an interstate journey. As a
result, the arbitration agreement was exempt from FAA enforcement
under Section 1.
The Appellants also argued that the trial court should have
dismissed Betanco's nonindividual PAGA claims. The Court of Appeals
rejected this argument, holding that Betanco had standing as an
aggrieved employee under PAGA because he alleged that he was
employed by the alleged violators and suffered the claimed Labor
Code violations. It explained that other workers' arbitration
agreements did not affect Betanco's standing and upheld the trial
court's denial of the Appellants' motion to dismiss the
representative PAGA claims under Adolph.
For these reasons, the Court of Appeals affirmed the trial court's
orders in all four consolidated appeals, Nos. A169754, A169755,
A169756, and A169768. Betanco was awarded appellate costs.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/9xbOqFXiB.
Baker & Hostetler LLP, Matthew C. Kane -- mkane@bakerlaw.com --
Sylvia J. Kim -- sjkim@bakerlaw.com -- Amy E. Beverlin --
abeverlin@bakerlaw.com -- Richard Raile -- rraile@bakerlaw.com;
Dykema Gossett LLP, James S. Azadian -- jazadian@dykema.com --
Charlotte G. Carne -- ccarne@dykema.com -- James Azadian for
Defendants and Appellants.
Boyamian Law, Inc., Michael H. Boyamian -- michael@boyamianlaw.com
-- Armand R. Kizirian -- armand@kizirianlaw.com --for Plaintiff and
Respondent.
LLT MANAGEMENT: Faces Bynum Suit Over Unsafe Talc Products
----------------------------------------------------------
JONI S. BYNUM, ROBIN COBURN, AND JAMES COBURN, individually and on
behalf of a proposed class, Plaintiffs v. LLT MANAGEMENT LLC F/K/A
LTL MANAGEMENT, LLC; JOHNSON & JOHNSON; NEW JJCI; JOHNSON & JOHNSON
HOLDCO (NA) INC; JANSSEN PHARMACEUTICALS, INC.; KENVUE INC.; J&J
SERVICES, INC.; AND JOHN DOES 1-100, Defendants, Case
3:26-cv-08736-MAS-RLS (D. N.J., July 14, 2026) is a class action
seeking damages and equitable relief arising from the Defendant's
false and misleading representations regarding the safety of their
talc-containing products Johnson's Baby Powder and/or Shower to
Shower.
According to the complaint, the products are defective, dangerous
to human health, unfit and unsuitable to be advertised, marketed,
and sold in the United States and lacked proper warnings associated
with their use.
The Plaintiffs diagnosed with defined injuries are seeking relief
in the form of medical monitoring for epithelial ovarian cancer,
fallopian tube cancer, and primary peritoneal cancer and members
who were not diagnosed with cancer are seeking compensatory and
punitive damages.
LLT Management LLC is primarily known as a subsidiary of Johnson &
Johnson established to manage and resolve thousands of ovarian
cancer claims related to the company's cosmetic talc litigation.
Johnson & Johnson was engaged in the manufacturing, formulating,
marketing, testing, promoting, selling, and/or distributing the
products.
The Plaintiffs are represented by:
Richard Golomb, Esq.
Kevin Fay, Esq.
ANAPOL WEISS
130 N 18th Street, #1600
Philadelphia, PA 19103
Telephone: (215) 929-8822
- and -
Christopher Tisi, Esq.
Mike Papantonio, Esq.
LEVIN, PAPANTONIO, RAFFERTY, PROCTOR,
BUCHANAN, O'BRIEN, BARR, MOUGEY, P.A.
316 S. Baylen Street
Pensacola, FL 32502
Telephone: (850) 435-7000
Email: ctisi@levinlaw.com
mpapantonia@levinlaw.com
- and -
P. Leigh O'Dell, Esq.
Andy Birchfield, Jr., Esq.
Ted G. Meadows, Esq.
David B. Byrne, III, Esq.
BEASLEY, ALLEN, CROW, METHVIN PORTIS & MILES, P.C.
218 Commerce St.
Montgomery, AL 36104
Telephone: (334) 269-2343
- and -
Michelle A. Parfitt, Esq.
ASHCRAFT & GEREL, LLP
1825 K Street, NW, Suite 700
Washington, DC 20006
Telephone: (202) 335-2600
- and -
Warren Burns, Esq.
Amanda Klevorn, Esq.
Natalie Earles
BURNS CHAREST LLP
900 Jackson Street, Suite 500
Dallas, Texas 75202
Telephone: (469) 904-4550
Email: wburns@burnscharest.com
aklevorn@burnscharest.com
nearles@burnscharest.com
- and -
Laurence S. Berman, Esq.
LEVIN SEDRAN & BERMAN, LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-4663
Email: lberman@lfsblaw.com
MACYS.COM LLC: Faces Caban Class Action Suit Over Spam E-mails
--------------------------------------------------------------
ERIK CABAN and DELDURON GREEN, on behalf of themselves and all
others similarly situated v. MACYS.COM, LLC, MACY'S RETAIL
HOLDINGS, LLC, ADVERTEX COMMUNICATIONS, INC., and MACY'S
MERCHANDISING CORP., Case No. 45D11-2607-PL-000389 (Ind. Cir., Lake
Cty., July 7, 2026) seeks to put an end to Macy's harassment of
Indiana residents and to remedy the injuries it has caused.
According to the complaint, Macy's spams Hoosiers, including
Plaintiffs, with email subject lines that employ various tactics to
create a false sense of urgency in their minds and, ultimately,
their wallets. Macy's floods Hoosiers' email inboxes with messages
communicating, falsely, that their time to act -- that is, purchase
Macy's products -- is short. This false urgency wastes Hoosiers'
time by enticing them to engage with the Macy's fictious deadlines.
It impedes them from making informed purchasing decisions. And it
steers them away from shopping around for better deals, says the
suit.
In 2003, like other states around the same time, to protect Indiana
residents from the annoyance and harassment caused by the
burgeoning spam email industry, the General Assembly enacted and
the Governor signed the Deceptive Commercial Electronic Mail Act,
codified at Indiana Code title 24, article 5, chapter 22.
In 2003, the United States Congress found that "many senders of
unsolicited commercial electronic mail purposefully include
misleading information in the messages' subject lines in order to
induce the recipients to view the messages."
MACYS.COM, LLC is the e-commerce and digital operations subsidiary
of Macy's, Inc. [BN]
The Plaintiffs are represented by:
Lynn A. Toops, Esq.
Natalie A. Lyons, Esq.
Ian R. Bensberg, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenmalad.com
nlyons@cohenmalad.com
ibensberg@cohenmalad.com
- and -
Gerard J. Stranch, IV, Esq.
Michael C. Tackeff, Esq.
STRANCH, JENNINGS &
GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
mtackeff@stranchlaw.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
MEDTRONIC INC: Fails to Pay Proper Wages, Krenning Alleges
----------------------------------------------------------
AISLYN KRENNING, individually and on behalf of all others similarly
situated, Plaintiff v. MEDTRONIC, INC., Defendant, Case No.
0:26-cv-03206 (D. Minn., July 7, 2026) is an action against the
Defendant for its failure to properly secure and safeguard
Plaintiff's and Class Members' protected health information and
personally identifiable information stored within Defendant's
information network.
The Plaintiff alleges in the complaint that the Defendant
disregarded the rights of the Plaintiff and Class Members by
intentionally, willfully, recklessly, or negligently failing to
take and implement adequate and reasonable measures to ensure that
Plaintiff's and Class Members' PHI/PII was safeguarded, failing to
take available steps to prevent unauthorized disclosure of data,
and failing to follow applicable, required and appropriate
protocols, policies and procedures regarding the encryption of
data, even for internal use.
As a result, the PHI/PII of Plaintiff and Class Members was
compromised through disclosure to an unknown and unauthorized third
party -- an undoubtedly nefarious third party that seeks to profit
off this disclosure by defrauding Plaintiff and Class Members in
the future.
Medtronic, Inc. provides medical devices. The Company offers
surgical devices, medical instruments, apparatus, respiratory
monitoring systems, medical supplies, and other equipment. [BN]
The Plaintiff is represented by:
Charles D. Moore, Esq.
REESE LLP
121 N. Washington Ave., 4th Floor
Minneapolis, MN 55401
Telephone: (212) 643-0500
Email: cmoore@reesellp.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
MEGAN HOLDINGS: Mundy Sues Over False Business Statements
---------------------------------------------------------
WADE MUNDY, individually and on behalf of all others similarly
situated, Plaintiff v. MEGAN HOLDINGS LIMITED; DARREN HOO AKA HOO
WEI SERN; NG KAI TIE; D. BORAL CAPITAL LLC; and WWC, P.C.,
Defendants, Case No. 1:26-cv-05754 (S.D.N.Y., July 7, 2026) alleges
violation of the Securities Exchange Act of 1934.
According to the Plaintiff in the complaint, throughout the Class
Period, the Company, its executives and its auditor made materially
false and/or misleading statements and failed to disclose material
adverse facts about the Company's business, operations, and the
true nature of the trading activity in the securities.
The Offering Documents contained material misstatements and
omissions of fact. Specifically, the Defendants failed to disclose
to investors that: (1) Megan was the subject of a market
manipulation and fraudulent promotion scheme involving social-media
based misinformation and impersonators posing as financial
professionals; (2) Megan's public statements and risk disclosures
omitted any mention of the realized risk of fraudulent trading or
market manipulation used to drive the Company's stock price; (3) as
a result, Megan securities were at unique risk of a sustained
suspension in trading by NASDAQ and severe volatility-induced
decline; (4) had conducted numerous microcap IPOs that suffered
volatility-induced declines resulting from market manipulation
schemes; (5) the Company suffered from material weaknesses in its
internal accounting and financial reporting controls; and (6) as a
result of the foregoing, Defendants' positive statements about the
Company's business, operations and prospects were materially
misleading and/or lacked a reasonable basis.
Megan Holdings Limited operates as a holding company. The Company,
through its subsidiaries, specializes in the development,
construction, and maintenance of aquaculture farms and related
works. Megan Holdings serves customers in Malaysia. [BN]
The Plaintiff is represented by:
Matthew M. Guiney, Esq.
Patrick Donovan, Esq.
Rourke Donahue, Esq.
WOLF HALDENSTEIN ADLER FREEMAN
& HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
Email: guiney@whafh.com
donovan@whafh.com
donahue@whafh.com
MEODED PAINTS: Faces Torres Wage-and-Hour Suit in Cal. Super.
-------------------------------------------------------------
ROBERTO TORRES, an individual, on behalf of himself and others
similarly situated, Plaintiff v. MEODED PAINTS & DECORATION, INC.;
and DOES 1 through 50, inclusive, Defendants, Case No. 26STCV21455
(Cal. Super., July 7, 2026) is a putative class action against
Defendants brought on behalf of Plaintiff, individually and a
putative class of all current and former non-exempt employees of
Defendant pursuant to the California Labor Code and the California
Business and Professions Code.
The Plaintiff alleges that Defendants have violated and continue to
violate state wage and hour laws by, among other things: (a)
failing to pay all wages (including minimum, regular, and overtime
wages); (b) imposing unlawful quotas; (c) failing to provide lawful
meal periods or compensation in lieu thereof; (d) failing to
authorize or permit rest periods or provide compensation in lieu
thereof; (e) failing to reimburse necessary business expenses; (f)
failing to provide accurate itemized wage statements; (g) failing
to pay all wages due upon separation of employment; and (h)
engaging in unfair business practices.
The Plaintiff was hired as a non-exempt employee in California
within the past year. During his employment with Defendants,
Plaintiff's job duties included, inter alia, unloading trucks,
cleaning, moving heavy pallets, lifting and carrying 50 pound
buckets and other materials, and other tasks in the warehouse.
Meoded Paints & Decoration, Inc. produces lime wash paint, metallic
paints, glitter paints, and water-resistant plasters, serving
residential and commercial spaces.[BN]
The Plaintiff is represented by:
Daniel J. Hyun, Esq.
Shelly Song, Esq.
ARIS LLP
1 Park Plaza, Ste. 600
Irvine, CA 92614
Telephone: (949) 807-4467
Facsimile: (949) 807-4469
E-mail: dhyun@arisllp.com
ssong@arisllp.com
NATIONAL COLLEGIATE: Faces Suit Over Five-Year Eligibility Rule
---------------------------------------------------------------
BROCK WISNE, AIDAN SHAW, AISLIN MALCOLM, CADE TYSON, ABIGAIL
JEFFERIES, ANTHONY JOHNSON, LOUIE JORDAN, JEFFERSON DE LA CRUZ
MONEGRO, ISAIAH JONES, DIMOND LOOSLI, BRETT GRIFFITHS, and JAKE
MORELL, on behalf of themselves and all others similarly situated,
Plaintiffs, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant,
Case No. 1:26-cv-03063 (D. Colo., July 8, 2026) is a class action
brought by the Plaintiffs against the Defendant seeking damages and
injunctive relief on behalf of themselves and all other similarly
situated persons in the United States whose rights are implicated
by the Five-Year Eligibility Rule.
The Plaintiffs are a group of NCAA Division I collegiate athletes
and students who come to the Court as a last resort and as a direct
result of the NCAA's unlawful action in implementing a new
eligibility rule on June 24, 2026 (hereinafter the "Five-Year
Eligibility Rule") in a manner designed to prevent Plaintiffs from
playing their sports at an NCAA member college or university for
the 2026-2027 season.
At its core, the Five-Year Eligibility Rule provides for athletes
in Division I programs to compete for five seasons in the five
years following the first day of enrollment in a collegiate
institution or the first semester following their 19th birthday,
subject to narrow predetermined exemptions. The Plaintiffs have
each completed just four years of collegiate sports. All are under
24 years of age. By a proper reading of the NCAA's own rule, they
should be entitled to a fifth season. But the NCAA has decided that
they are not.
Unless the Court grants Plaintiffs both immediate and lasting
relief, the Plaintiffs will incur significant irreparable harm and
monetary damages. More specifically, the Plaintiffs will forever
lose the opportunity to complete the remainder of their collegiate
careers alongside their teammates who will benefit from the rule
change -- as well as significant Name, Image, and Likeness
compensation that is contingent on them playing this next season,
the suit contends.
Accordingly, the Plaintiffs seek the protection of the Court to
remedy the NCAA's violation of federal antitrust law through its
monopsonistic behavior and arbitrary application of its eligibility
rules to an athlete.
National Collegiate Athletic Association is a non-profit
organization that regulates intercollegiate athletics across more
than 1,100 schools in the United States and Canada.[BN]
The Plaintiffs are represented by:
Bruce L. Braley, Esq.
Alex R. Wilschke, Esq.
Brian N. Aleinikoff, Esq.
Adrian G. Johnson, Esq.
LEVENTHAL PUGA BRALEY P.C.
950 S. Cherry St., Suite 600
Denver, CO 80246
Telephone: (303) 759-9945
Facsimile: (303) 759-9692
E-mail: bbraley@leventhal-law.com
awilschke@leventhal-law.com
brian@leventhal-law.com
ajohnson@leventhal-law.com
- and -
Robert K. Shelquist, Esq.
CUNEO GILBERT FLANNERY & LADUCA, LLP
5775 Wayzata Blvd., Suite 620
St. Louis Park, MN 55416
Telephone: (202) 789-3960
E-mail: rshelquist@cuneolaw.com
zfreed@cuneolaw.com
- and -
Christian Hudson, Esq.
Alexandra Klein, Esq.
CUNEO GILBERT FLANNERY & LADUCA, LLP
222 Livingston Street, Unit 2
Brooklyn, NY 11201
Telephone: (202) 789-3960
E-mail: christian@cuneolaw.com
aklein@cuneolaw.com
- and -
Daniel Cohen, Esq.
Zachary Freed, Esq.
CUNEO GILBERT FLANNERY & LADUCA, LLP
2445 M Street NW, Ste. 740
Washington, D.C. 20037
Telephone: (202) 789-3960
E-mail: christian@cuneolaw.com
aklein@cuneolaw.com
- and -
Elliot S. Abrams, Esq.
CHESHIRE PARKER SCHNEIDER & ABRAMS, PLLC
133 Fayetteville Street, 4th Floor
P.O. Box 1029
Raleigh, NC 27602
Telephone: (919) 833-3114
Facsimile: (919) 832-0739
E-mail: elliot.abrams@cheshirepark.com
- and-
J. Barton Goplerud, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265-5749
Telephone: (515) 223-4567
Facsimile: (515) 223-8887
E-mail: goplerud@sagwlaw.co
- and -
C. Peter Goplerud III, Esq.
NATIONAL LITIGATION LAW GROUP
401 W. Broadway Ave.
Enid, OK 73701
Telephone: (904) 502-9515
E-mail: pgoplerud@nationlit.com
NEW YORK, NY: Farahmand Suit Seeks Minimum Wages for Interns
------------------------------------------------------------
MINA FARAHMAND, individually and on behalf of other persons
similarly situated v. CITY OF NEW YORK, Case No. 1:26-cv-05758
(S.D.N.Y., July 7, 2026) seeks to recover unpaid minimum wages owed
to Plaintiff and all similarly situated persons who are presently
or were formerly engaged by the City of New York to perform work
classified by Defendants as "unpaid interns," within the offices of
the New York City Council pursuant to the Fair Labor Standards
Act.
According to the complaint, the Defendants have wrongfully withheld
wages from Plaintiff and other similarly situated individuals who
worked for Defendants.
The Plaintiff has initiated this action seeking for herself, and on
behalf of all similarly situated employees, all compensation,
including minimum wage, of which they were deprived, plus interest,
damages, attorneys' fees and costs. Although the Defendants
misclassified Plaintiff and other members of the putative
collective as unpaid interns, the Plaintiff is a covered employee
within the meaning of the FLSA.
New York City Council is an entity duly organized and existing
under the Constitution and laws of the State and City of New
York.[BN]
The Plaintiff is represented by:
James Emmet Murphy, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10006
Telephone: (212) 943-9080
E-mail: JMurphy@vandallp.com
NEW YORK: Lawrence Sues Over Improper Denial of Medicaid Benefits
-----------------------------------------------------------------
KATHERINE LAWRENCE; and LUCIEN FOLENDER, individually and on behalf
of all others similarly situated, Plaintiffs v. JAMES V. McDONALD,
in his official capacity as the Commissioner of the New York State
Department of Health; WILLOW BAER, in her official capacity as the
Commissioner of the New York State Office for People with
Developmental Disabilities; HASC CENTER, INC.; and HAMASPIK OF
KINGS COUNTY, INC., Defendants, Case No. 1:26-cv-04061 (E.D.N.Y.,
July 7, 2026) alleges violation of the Fourteenth Amendment to the
United States Constitution, the Civil Rights Act of 1871, and the
Medicaid Act.
The Plaintiffs allege in the complaint that the Defendants have
systematically flouted that constitutional command and the Medicaid
Act's mandatory fair hearing regulations by denying or terminating
the Medicaid benefits of Plaintiffs and the Class without any
hearing or semblance of due process at all.
New York is a state in the northeastern U.S., known for New York
City and towering Niagara Falls. NYC's island of Manhattan is home
to the Empire State Building, Times Square and Central Park. [BN]
The Plaintiffs are represented by:
Kevin Cremin, Esq.
Tiffany Liston, Esq.
MOBILIZATION FOR JUSTICE, INC.
100 William Street, 6th Floor
New York, NY 10038
Telephone: (212) 417-3717
Email: kcremin@mfjlegal.org
- and -
Mark E. McDonald, Esq.
Andrew M. Darcy, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON, LLP
One Liberty Plaza
New York, NY 10006
Telephone: (212) 225-2000
Email: memcdonald@cgsh.com
ONLY BEAN: Ting Sues Over Snacks' Misleading Protein Labels
-----------------------------------------------------------
GENESIA TING, individually and on behalf of all others similarly
situated, Plaintiff v. THE ONLY BEAN, LLC, Defendant, Case No.
3:26-cv-06732 (N.D. Cal., July 1, 2026) is a class action against
the Defendant for violations of California's False Advertising Law,
California's Consumers Legal Remedies Act, and California's Unfair
Competition Law, unjust enrichment, and breach of express
warranty.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of "The Only Bean
Crunchy Dry Roasted Edamame" snacks. Specifically, the Defendant
markets the products as a "High Protein Supersnack" that contains
"11 G[rams] Protein," while failing to disclose that the corrected,
digestible amount of protein the products provide is materially
less than advertised. Had the Plaintiff and similarly situated
consumers known the truth, they would not have purchased the
products or would have paid less for them, says the suit.
The Only Bean, LLC is a manufacturer of snack products,
headquartered in Grand Rapids, Michigan. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
Nathaniel Haim Sari, Esq.
GUCOVSCHI LAW FIRM, PLLC
165 Broadway, Fl. 23
New York, NY 10006
Telephone: (212) 884-4230
Facsimile: (212) 884-4230
Email: adrian@gucovschilaw.com
PHELPS SECURITY: Cates Sues Over Failure to Pay OT Wages
--------------------------------------------------------
SHERICE CATES, individually and on behalf of all others similarly
situated, Plaintiff v. PHELPS SECURITY, INC., Defendant, Case
2:26-cv-02852 (W.D. Tenn., July 13, 2026) is a collective and class
action complaint to recover overtime wages and liquidated damages
pursuant to the Fair Labor Standards Act of 1938 and unpaid
straight time wages and other applicable damages pursuant to
Tennessee common law.
According to the complaint, Defendant Phelps employs an improper
and non-neutral time rounding policy that fails to compensate the
Plaintiff and the Putative Collective/Class Members of their
overtime of at least one and one-half their regular rates when they
worked beyond 40 hours in a workweek.
The Plaintiff and the Putative Collective/Class Members were
employed by Phelps as hourly security officers and were paid based
on scheduled shift hours rather than for all compensable time
actually worked.
Phelps Security, Inc. is a Tennessee-based provider of armed and
unarmed security officers to commercial and industrial clients
across the Memphis.
The Plaintiff is represented by:
Charles P. Yezbak, III, Esq.
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq.
YEZBAK LAW OFFICES
2901 Dobbs Avenue
Nashville, TN 37211
Telephone: (615) 250-2000
E-mail: yezbak@yezbaklaw.com
mel@yezbaklaw.com
teeples@yezbaklaw.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
Carter T. Hastings, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
carter@a2xlaw.com
PRIME HEALTHCARE: Fails to Pay Minimum & OT Wages, Hamachai Says
----------------------------------------------------------------
MARISSA HAMACHAI, individually and on behalf of all others
similarly situated v. PRIME HEALTHCARE SERVICES - ST. FRANCIS, LLC;
HIRING ANYWHERE INC.; and DOES 1 through 20, inclusive, Case No.
26STCV21313 (Cal. Super., July 7, 2026) is a representative action
pursuant to the Private Attorneys General Act of 2004, on
Plaintiff's own behalf and on behalf of persons who are and were
employed by any or all Defendants as non-exempt employees and
misclassified as independent contractors throughout California.
The Plaintiff alleges that Defendants engaged in a systematic
pattern of wage and hour violations under the California Labor Code
and Industrial Welfare Commission Wage Orders, all of which
contribute to Defendants' deliberate unfair competition by:
-- misclassifying employees as independent contractors;
-- failing to pay all wages (including minimum wages and overtime
wages);
-- failing to provide lawful meal periods or compensation in lieu
thereof;
-- failing to authorize or permit lawful rest breaks or provide
compensation in lieu thereof;
-- making unlawful deductions;
-- failing to reimburse necessary business-related costs;
-- failing to provide accurate itemized wage statements;
-- failing to pay wages timely during employment; and
-- failing to pay all wages due upon separation of employment.
Prime Healthcare is a for-profit healthcare company headquartered
in Ontario, California.[BN]
The Plaintiff is represented by:
Samuel A. Wong, Esq.
Kashif Haque, Esq.
Jessica L. Campbell, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite
100 Irvine, CA 92618
Telephone: (949) 379-6250
Facsimile: (949) 379-6251
E-mail: jcampbell@aegislawfirm.com
PURPOSECARE OF ILLINOIS: Vanderhei Sues Over Unpaid OT Wages
------------------------------------------------------------
LAURA VANDERHEI and MELANY COLIN, on behalf of themselves,
individually, and on behalf of all others similarly situated,
Plaintiffs v. PURPOSECARE OF ILLINOIS, LLC, Defendant, Case No.
1:26-cv-07981 (N.D. Ill., July 8, 2026) is an action seeking
redress for Defendant's systematic, company-wide violations of the
Fair Labor Standards Act and the Illinois Minimum Wage Law by
knowingly failing to pay Plaintiffs and other similarly situated
employees proper overtime premium wages for the time they worked in
excess of 40 hours in any workweek.
The complaint asserts that the Defendant classified Plaintiffs and
other clinical assistants as non-exempt from overtime compensation
under the FLSA.
Plaintiff Vanderhei has worked for the Defendant as a Physical
Therapy Assistant, performing home health care services in this
District.
PurposeCare of Illinois, LLC is a certified home health and home
care agency serving the counties surrounding Park Ridge and Joliet
in Illinois.[BN]
The Plaintiffs are represented by:
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Teresa M. Becvar, Esq.
STEPHAN ZOURAS, LLC
222 W. Adams Street, Suite 2020
Chicago, IL 60606
Telephone: (312) 233-1550
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
tbecvar@stephanzouras.com
SECUR SOLUTION: Fails to Pay Proper Wages, Jackson Says
-------------------------------------------------------
DARIAN D. JACKSON, individually and on behalf of all others
similarly situated, Plaintiff v. SECUR SOLUTION, INC.; PEOPLEASE,
LLC; and DOES 1 to 100, inclusive, Defendants, Case No. 26STCV21319
(Cal. Sup., Los Angeles Cty., July 7, 2026) is an action against
the Defendants for failure to pay minimum wages, overtime
compensation, authorize and permit meal and rest periods, provide
accurate wage statements, and reimburse necessary business
expenses.
Plaintiff Jackson was employed by the Defendants as a security
guard.
Secure Solutions, Inc. operates as a risk management and security
consulting firm. The Company offers security consulting, crisis
management, business intelligence, energy and petrochemical
infrastructure protection, and other related services. [BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Jeffrey D. Klein, Esq.
Kacey E. Cook, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
Email: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
jklein@lelawfirm.com
kcook@lelawfirm.com
SERVICE EXPERTS: Parrott Sues Over Deceptive Business Practices
---------------------------------------------------------------
SHIRLEY PARROTT, individually and on behalf of all others similarly
situated, Plaintiff v. SERVICE EXPERTS, LLC; ADVANTAGE EXPERTS
SERVICES, LLC; and SERVICE EXPERTS HEATING & AIR CONDITIONING LLC
d/b/a NEAL HARRIS SERVICE EXPERTS AND SERVICE EXPERTS, Defendants,
Case No. 2:26-cv-02397 (D. Kan., July 7, 2026) alleges Defendants'
alleged violations of the Consumer Leasing Act and the Kansas
Consumer Protection Act.
According to the Plaintiff in the complaint, the Defendants used
the "Service Experts Advantage Program" ("Advantage Program"), a
standardized HVAC leasing program through which Defendants market
long-term lease obligations to consumers while concealing the true
nature and financial consequences of the transaction.
The Defendants installed HVAC equipment on Plaintiff's property but
never informed Plaintiff that they were placing her in a ten-year
lease obligating her to pay nearly double the installed cost of the
equipment. After generating a lease "agreement," Defendants began
to collect monthly payments. The Plaintiff did not receive the
disclosures that federal law requires Defendants to provide in a
form she could understand, access, or keep prior to enrolling her
in the lease program, says the suit.
Service Experts LLC provides heating, cooling and other home
comfort equipment services. The Company offers heat pumps,
plumbing, electrical, indoor air quality, commercial HVAC, cooling,
and other services. [BN]
The Plaintiff is represented by:
Richard S. Fisk, Esq.
BEAM-WARD, KRUSE, WILSON & FLETES, LLC
8645 College Boulevard, Suite 250
Overland Park, KS 66210
Telephone: (913) 339-6888
Facsimile: (913) 339-9653
Email: rfisk@bkwflaw.com
- and -
J. Gerard Stranch, IV, Esq.
Andrew K. Murray, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
amurray@stranchlaw.com
- and -
Denise Hammond, Esq.
BURK-HAMMOND LAW, LLC
P.O. Box 2877
Olathe, KS 66063
Telephone: (913) 318-3444
Facsimile: (913) 782-5766
Email: dhammond@burkhammondlaw.com
SMART & FINAL: Fails to Pay Proper Wages, Morse Alleges
-------------------------------------------------------
RICHARD MORSE, individually and on behalf of all others similarly
situated, Plaintiff v. SMART & FINAL STORES LLC; CHEDRAUI USA,
INC.; and DOES 1 THROUGH 50, INCLUSIVE, Defendants, Case No.
26STCV21331 (Cal. Sup., Los Angeles Cty., July 7, 2026) is an
action against the Defendants for failure to pay minimum wages,
overtime compensation, provide meals and rest periods, and provide
accurate wage statements.
Plaintiff Morse was employed by the Defendants as a staff.
Smart & Final Stores LLC is a chain of warehouse-style food and
supply stores based in Commerce, California. [BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Bradley Fagnani, Esq.
Victoria Mas, Esq.
SETAREH LAW GROUP
420 N. Camden Dr., Suite 100
Beverly Hills, CA 90210
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
Email: shaun@setrehlaw.com
Brandley@setrehlaw.com
vmas@setrehlaw.com
ST. CHARLES HOSPITAL: Prampin Seeks to Recover Unpaid Wages
-----------------------------------------------------------
TAMARA PRAMPIN, individually, and on behalf of others similarly
situated, Plaintiff v. ST. CHARLES HOSPITAL and REHABILITATION
CENTER, and CATHOLIC HEALTH SYSTEM OF LONG ISLAND, INC. d/b/a
CATHOLIC HEALTH, Defendants, Case No. 619080/2026 (N.Y. Sup.,
Suffolk Cty., July 7, 2026) is a class action brought to remedy
Defendants' unlawful labor practices in violation of the New York
Labor Law and the supporting New York State Department of Labor
Regulations.
According to the complaint, the Defendants have engaged in a common
practice of requiring Plaintiff and similarly situated employees to
work without proper pay, including, inter alia, overtime work. The
Defendants knew or should have known that Plaintiff and Class
Members were entitled to receive minimum, regular, and overtime
wages for all hours worked and that they were not receiving
minimum, regular, and overtime wages for all hours worked.
The Defendants knew or should have known that Plaintiff and Class
Members were entitled to reimbursement of all necessary
business-related expenses and that they were not being reimbursed
for all necessary business-related expenses, says the suit.
The Plaintiff was employed as a non-exempt worker for Defendants
from approximately December 2023 to approximately January 2026.
St. Charles Hospital and Rehabilitation Center is an acute-care
hospital and rehabilitation center, which is a part of the Catholic
Health Hospital System.[BN]
The Plaintiff is represented by:
Sabine Jean, Esq.
Joanna Ghosh, Esq.
Jonathan Apsan, Esq.
LAWYERS FOR JUSTICE, P.C.
217 Broadway, Suite 511
New York, NY 10007
Telephone: (516) 587-8423
Facsimile: (818) 265-1021
E-mail: s.jean@calljustice.com
joanna@calljustice.com
j.apsan@calljustie.com
STHRN HOSPITALITY: Ballow Suit Seeks Minimum Wages Under FLSA
-------------------------------------------------------------
MAURICE LAMONT BALLOW, on behalf of himself and others similarly
situated v. STHRN HOSPITALITY CO., LLC d/b/a WESTSIDE MOTOR LOUNGE,
Domestic Limited Liability Company, Case No 26-cv-03793-ELR (N.D.
Ga., July 7, 2026) seeks to recover from the Defendants' minimum
wage compensation, liquidated damages, and reasonable attorneys'
fees and costs.
The Plaintiffs are all current or former bartenders who worked at
Defendant's restaurant, located at 725 Echo St NW, Atlanta,
Georgia.
The Plaintiff resides in this District and is a former employee of
Defendant, having been employed by Defendant from April 2025 to
September 2025.
Westside Motor is an indoor-outdoor food, beverage and
entertainment experience located on Atlanta's Westside.[BN]
The Plaintiff is represented by:
Alexandra R. Carmon, Esq.
Jordan P. Rose, Esq.
Anthony J. Hall, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
Email: acarmon@theleachfirm.com
jrose@theleachfirm.com
ahall@theleachfirm.com
yhernandez@theleachfirm.com
SWIFTX INC: Fails to Pay Minimum Wages, OT Under Labor Code
-----------------------------------------------------------
Lunsheng Chen, individually and on behalf of all others similarly
situated v. SwiftX Inc.; Shuntong H Express Inc.; and DOES 1
through 50, inclusive, Case No. 26STCV21462 (Cal. Super., July 7,
2026) contends that the Plaintiff and Class Members have suffered
economic damages from Defendants' failure to failure to pay
overtime, failure to pay minimum wage, failure to provide compliant
meal breaks, failure to provide compliant rest breaks, failure to
timely pay wages during employment, failure to timely pay wages
upon termination, and failure to reimburse for business expense
pursuant to the California Labor Code.
The Plaintiff seeks to represent a Class composed of:
All those persons who are or were employed, directly or indirectly,
in a non-exempt position by Defendants within the State of
California at any time within the four years prior to the filing of
the initial Complaint through final judgment.
SwiftX is a U.S.-based logistics company founded in May 2025 that
provides express delivery services for the e-commerce market.[BN]
The Plaintiff is represented by:
Tony Zhao, Esq.
Lin Zhan, Esq.
EMANATE LAW GROUP P.C.
355 South Grand Avenue
Suite 2450 No. 2184
Los Angeles, CA 90071
Telephone: (213) 886-5080
E-mail: tony@emanatelaw.com
lin@emanatelaw.com
TRANSCENDIA INC: Franklin Suit Seeks Unpaid Overtime Under FLSA
---------------------------------------------------------------
MARTAE FRANKLIN, individually and on behalf of all others similarly
situated v. TRANSCENDIA, INC., an Illinois corporation, Case No.
1:26-cv-07911 (N.D. Ill., July 7, 2026) seeks to recover unpaid
overtime compensation, liquidated damages, attorney's fees, costs,
and other relief under the Fair Labor Standards Act.
Throughout Plaintiff’s employment with Defendant, the Defendant
failed to properly calculate Plaintiff's shift premium pay and
other non-discretionary remuneration into the regular rate for
proper overtime calculation, the suit contends.
The Plaintiff worked for Defendant as a non-exempt, Hourly Employee
with the job title of Machine Operator at Defendant's facility in
Grand Rapids, Michigan. Additional putative collective members were
or are employed by Defendant as hourly employees in the United
States.
The Defendant's website states that it "a leader in manufacturing
and converting custom engineered materials designed to protect
products and keep people safe and healthy."[BN]
The Plaintiff is represented by:
Jason J. Thompson, Esq.
Alana A. Karbal, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, Michigan 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
akarbal@sommerspc.com
TRAVEL + LEISURE: Spooner Sues Over Failure to Pay OT Wages
-----------------------------------------------------------
DONNA SPOONER, BYRON WORTHEY, and LISA HAMILTON, individually, and
on behalf of others similarly situated, Plaintiffs v. TRAVEL +
LEISURE RESORT DEVELOPMENT, INC. f/k/a WYNDHAM VACATION OWNERSHIP,
INC, a Delaware Company, Defendant, Case No. 1:26-cv-00825-UNA (D.
Del., July 8, 2026) is a collective and class action arising from
the Defendant's willful violations of the Fair Labor Standards Act
and for common law claims of breach of contract or unjust
enrichment.
According to the complaint, the Defendant employs remote customer
service representatives on an hourly basis, but it routinely fails
to compensate them for all hours worked, including all overtime
hours worked. Consistent with Defendant's policy and pattern or
practice, the Plaintiffs and the members of the FLSA Collective
were not paid for all premium overtime compensation when they
worked beyond 40 hours in a workweek, says the suit.
Plaintiff Spooner is a Nevada resident who worked for Defendant as
a remote CSR in Nevada within the last three years.
Travel + Leisure Resort Development, Inc. is a membership and
leisure travel company.[BN]
The Plaintiffs are represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Telephone: (302) 655-4600
E-mail: raeann@cpwwlaw.com
- and -
Charles R. Ash, IV, Esq.
ASH LAW, PLLC
43000 W. 9 Mile Rd., Ste. 301
Novi, MI 48375
Telephone: (734) 234-5583
E-mail: cash@nationalwagelaw.com
- and -
Oscar A. Rodriguez, Esq.
RODRIGUEZ LAW PLC
402 W. Liberty St.
Ann Arbor, MI 48103
Telephone: (734) 415-9011
E-mail: oscar@orodlaw.com
TROP INC: Does not Properly Pay Workers, Wendlandt Says
-------------------------------------------------------
SYLVIA WENDLANDT, individually and on behalf of those similarly
situated, Plaintiff v. TROP, INC d/b/a "Pink Pony," DENNIS
WILLIAMS, MICHAEL A. KAP, and EDDIE STONE, Defendants, Case No.
1:26-cv-03795-VMC (N.D. Ga., July 7, 2026) arises from the
Defendants' alleged unlawful labor practices in violation of the
Fair Labor Standards Act.
According to the complaint, the Defendants pay Plaintiff and other
tipped employees, including servers and bartenders, below the
minimum wage rate by taking advantage of the tip-credit provisions
of the FLSA. Under the tip-credit provisions, an employer of tipped
employees may, under certain circumstances, pay those employees
less than the minimum wage rate by taking a "tip credit" against
the employer's minimum wage obligation from the tips received from
customers.
The Defendants also failed to pay Plaintiff and the collective
wages for all hours worked in excess of 40 hours per week at the
overtime rate mandated by the FLSA, asserts the complaint.
The Defendants own and/or operate an adult entertainment club in
Atlanta, Fulton County, Georgia known as the "Pink Pony." [BN]
The Plaintiff is represented by:
Jonah A. Flynn, Esq.
1201 West Peachtree Street, NW Suite 2625
Atlanta, GA 30309
Tel/Fax: (404) 835-9660
E-mail: jflynn@flynnfirm.com
WASHINGTON METROPOLITAN: Cray Balks at Pension Plan Administration
------------------------------------------------------------------
LYMAN W. CRAY and VIVIAN WINGO, Plaintiffs v. WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY, and THE BOARD OF TRUSTEES of
the TRANSIT EMPLOYEES RETIREMENT PLAN and the WMATA RETIREMENT
PLAN, Defendants, and WMATA RETIREMENT PLAN AND THE TRANSIT
EMPLOYEES' RETIREMENT PLAN, Nominal Defendants, Case No: Case No.
1:26-cv-02393 (D.D.C., July 7, 2026) is a class action complaint
brought by the Plaintiffs, individually and on behalf of other
employees who are participants and beneficiaries of the Pension
Plans, to enforce their rights under the Employee Retirement Income
Security Act of 1974, or in the alternative, under District of
Columbia law.
The action alleges that WMATA has failed to properly maintain and
administer its employee pension benefit plans and has erroneously
claimed that its Retirement Plans are governmental plans exempt
from ERISA.
Without the protections of ERISA, the Plaintiffs and the Class are
left without any real protections as WMATA claims that its Pension
Plans are not protected by either the federal law Congress created
with ERISA or by any one state or local government's protections
that justify ERISA's exemption for governmental plans. WMATA's
failure to have its Pension Plans comply with ERISA harms the
participants and beneficiaries in these Pension Plans who rely on
these promised pension benefits and who count on these benefits for
their retirement, the suit alleges.
Plaintiff Cray is a former employee of WMATA. During his employment
at WMATA, Plaintiff Cray became a participant, within the meaning
of ERISA in two defined benefit pension plans one described as the
"WMATA Retirement Plan" and the other described as the "Transit
Employees' Retirement Plan."
Plaintiff Wingo is the wife of the late Daren Wingo, who was
employed by WMATA for over twenty-five years. During Mr. Wingo's
employment, he was a participant in the "Transit Employees'
Retirement Plan," within the meaning of ERISA. The Plaintiff Wingo
was his designated beneficiary in the 'Transit Employees'
Retirement Plan."
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY is an interstate
compact agency that operates the Metrobus and Metrorail systems in
the District of Columbia area, but WMATA is not an agency or
instrumentality of any government.[BN]
The Plaintiffs are represented by:
Joseph Barton, Esq.
THE BARTON FIRM LLP
1633 Connecticut Ave., NW, Suite 200
Washington, DC 20009
Telephone: (202) 734-7383
E-mail: jbarton@thebartonfirm.com
- and -
Adam Harrison Garner, Esq.
THE GARNER FIRM, LTD.
1617 John F. Kennedy Blvd., Suite 1111
Philadelphia, PA 19103
Telephone: (215) 645-5955
E-mail: adam@garnerltd.com
WHOOP INC: Sanderson Loses Bid for Summary Judgment
---------------------------------------------------
In the class action lawsuit captioned as DONRICK SANDERSON, v.
WHOOP, INC., Case No. 3:23-cv-05477-CRB (N.D. Cal.), the Hon. Judge
Breyer entered an order that denies the Plaintiff's motion for
summary judgment in its entirety, and grants in part and denies in
part the Defendant's motion.
The Court grants the Defendant's motion to the extent it seeks
dismissal of the Plaintiff's Unfair Competition Law ("UCL") and
False Advertising Law ("FAL") claims, and the Consumers Legal
Remedies Act ("CLRA") claim to the extent it seeks equitable
restitution or injunctive relief, for lack of equitable
jurisdiction and dismisses those claims without prejudice to
refiling in state court. The Court denies the Defendant's motion in
all other respects.
Accordingly, the Court denies summary judgment as to both parties
on the CLRA claim. The claim may proceed to trial on all four
elements. The Court also denies the Plaintiff's request for partial
summary judgment, presented at the June 26, 2026 hearing, on the
threshold question of whether Whoop violated the California's
Automatic Renewal Law ("ARL") as a matter of law. Genuine disputes
of material fact persist as to several components of the ARL
compliance question. These are questions of fact for the jury.
The Plaintiff alleges that Whoop sold him an auto-renewing
membership without properly disclosing the terms of the
auto-renewal deal both before and after purchase.
In early-2025, the Court certified a class of:
"All persons in California who purchased a Whoop Membership
through the Whoop website, were enrolled in [Whoop's]
automatically renewing Whoop Membership subscription, and were
automatically renewed and charged for at least one renewal term
after their initial membership or commitment period ended,
during the applicable statute of limitations."
The Court also certified a subclass of:
"all members of the Class who were automatically renewed and
charged for at least one renewal term that they did not use."
Whoop sells wearable fitness trackers and a subscription-based
membership that allows users to access associated tracking
software.
A copy of the Court's order dated July 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bhMCoo at no extra
charge.[CC]
X CORP: Plaintiffs Seek Denial of Class Certification Bid
---------------------------------------------------------
In the class action lawsuit captioned as WHITE COAT CAPTIONING,
LLC, YES CONSULTING, LLC, AUTUMN COMMUNICATIONS, INC., BUSINESS
TRAINING WORKS, INC., MEASURING USABILITY LLC, and FOSTER & FORGE
LTD., v. X CORP. (FORMERLY KNOWN AS TWITTER, INC.), Case No.
3:23-cv-01594-SK (N.D. Cal.), the Plaintiffs, on Aug. 10, 2026 at
9:30 a.m., will move the court for an order to issue notice of
denial of class certification to class members, pursuant to Fed. R.
Civ. P. 23(d).
Accordingly, the Plaintiffs are now pursuing their claims
individually. While the Plaintiffs are represented by undersigned
counsel, absent class members who are not represented by counsel,
and who were relying on the class action to represent their
interests, are most likely unaware that they are now on their own
and that no case is preserving their rights or pursuing their
claims.
The Court should require that notice be issued to absent class
members in order to alert them to the fact that this case will not
proceed as a class action and they must take individual action in
order to preserve their claims and protect their rights.
Should the Court grant this motion, the Plaintiffs will work with
the Defendant to see if an appropriate notice can be agreed upon
and to obtain additional needed contact information for absent
class members.
X Corp. provides a social media and digital communications
platform.
A copy of the Plaintiffs' motion dated July 2, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=SfAGRr at no extra
charge.[CC]
The Plaintiffs are represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
YAMAHA MOTOR: Court Narrows Claims in Ellert Suit
-------------------------------------------------
In the class action lawsuit captioned as CHARLES ELLERT, v. YAMAHA
MOTOR CORPORATION, U.S.A., INC., Case No. 6:25-cv-01588-JSS-DCI
(M.D. Fla.), the Hon. Judge Sneed entered an order that:
1. The Defendant's partial motion to dismiss is granted in part
as follows:
a. The Plaintiff's claim for breach of the implied covenant
of
good faith and fair dealing (Count III) is dismissed
without prejudice.
b. The Plaintiff's claims on behalf those "that purchased a
qualifying Yamaha E-bike" are dismissed without prejudice
and without leave to amend. Any motion for class
certification shall limit the class to purchasers of the
2024 Yamaha Wabash RT.
c. The motion is otherwise denied.
2. If the Plaintiff wishes to submit a second amended complaint
aimed at correcting the pleading deficiencies identified in
this order, he shall do so on or before July 20, 2026. Because
the deadline for amending the pleadings expired on Jan. 12,
2026, the Plaintiff shall exclude from the second amended
complaint any claims not asserted in the amended complaint,
unless prior to filing the second amended complaint, the
Plaintiff satisfies the Federal Rules of Civil Procedure by
establishing "good cause" and seeking "the [court]'s consent,"
Fed. R. Civ. P. 16(b)(4), in a motion that fully complies with
all applicable Local Rules.
3. The Defendant shall answer the Plaintiff's amended complaint
on or before July 21, 2026.
The court concluded that the Plaintiff had abandoned claims over
bike models which the Plaintiff had not purchased. In the amended
complaint, the Plaintiff attempts to revive these claims. However,
the Plaintiff is "not now entitled to resurrect a previously
abandoned issue."
The Defendant sells electric power-assisted bicycles, or e-bikes.
A copy of the Court's order dated July 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kqeaE2 at no extra
charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2026. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***