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C L A S S A C T I O N R E P O R T E R
Wednesday, January 29, 2025, Vol. 27, No. 21
Headlines
3M COMPANY: Green Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Hale Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Haughey Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Kimbrell Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Payne Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Thompson Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Tolentino Sues Over Exposure to Toxic Chemicals
3M COMPANY: Williams Sues Over Exposure to Toxic Chemicals
3M COMPANY: Woodham Sues Over Exposure to Toxic Chemicals & Foams
787 COFFEE ROASTERS: Trippett Alleges Blind-Inaccessible Website
ACCELLION INC: Approval of Class Cert Briefing Schedule Sought
ACTION FOR BOSTON: Mismanages Retirement Plan, Hildonen Says
ACUSHNET HOLDINGS: Jackson Seeks Equal Website Access for the Blind
AFFINITY INSURANCE: Court Dismisses Guercia Suit w/ Prejudice
ALASKA AIRLINES: Class Settlement in Clarkson Gets Final Nod
ALCOA USA: Faces Deruchia Suit Over Unlawful Pay Practices
ALTA RESOURCES: Fails to Protect Personal Info, Skotzke Says
AMAZON SERVICES.COM: Cook Sues Over Disability Discrimination
AREA INC: Solis Sues Over Website's Access Barriers to the Blind
ARISE VIRTUAL: De Niro Suit Seeks to Certify Nov. 20, 2024 Order
ATLAS OBSCURA: Leaks Website Users' Info to Facebook, Barajas Says
B3 STUDIOS: Website Not Blind-Friendly, Reyes Suit Says
BH SOUTH DIXIE: Pardo Sues Over Discriminative Property
BLUE APRON: Mitchell Must File Class Cert. Bid by March 6
BOLIVARIAN REPUBLIC: Cavara Suit Referred to Magistrate Judge
BRIGHTVIEW LLC: Faces M.O. Suit Over Illegal Wiretapping
BUDGET TRUCK: Green Files Labor Suit in Calif. Super.
BURTON CORP: Settlement in Morgan Suit Gets Initial Approval
BYTEDANCE INC: Class Cert Hearing in Young Suit Extended to Feb. 6
CALCON MUTUAL: Fails to Pay Proper Wages, Kasapi Alleges
CANADA: Judge Certifies Class Action Over Alleged School Abuse
CARTER EXPRESS: Class Settlement in Bond Suit Gets Initial Nod
CITIGROUP INC: Class Settlement in Head Suit Gets Final Nod
CLAM BAR: Fails to Pay Proper Wages, Jackson et al. Suit Claims
COMMUNITY HEALTH: Fazenbaker Malpractice Suit Removed to D.N.J.
COMPUTER MERCHANT: Flores and Garner Sue Over Private Data Breach
COMSTOCK HOSPITALITY: Property Inaccessible to Disabled, Suit Says
CROCS INC: Faces Securities Fraud Class Action in D. Del.
CROSSCOUNTRY MORTGAGE: Johnstone Class Suit Dismissed
CUSTOMIZED DISTRIBUTION: Lipman-Texas Files Suit in N.D. Ga.
CVS PHARMACY: Parties Seek OK of Proposed Revised Briefing Schedule
CYCLO THERAPEUTICS: M&A Investigates Merger With Rafael Holdings
DANIELLE OUTLAW: Parties Must Engage in Class Discovery Planning
DENCO CONSTRUCTION: Class Cert. Bid Referred to Magistrate Judge
ENZO BIOCHEM: Settles 2023 Cyberattack Class Action for $7.5-Mil.
FAURECIA AUTOMOTIVE: Scheduling Order in Navarro Suit Entered
FEDERAL BUREAU: Plaintiffs Seek Provisional Certification of Class
FEDERAL EXPRESS: Class Cert Bid Filing in Gillyard Due August 1
FISHEL COMPANY: Settlement in Clippard Gets Prelim Approval
FLAGSHIP RESTAURANT: Bid to Dismiss Hallman Class Suit Tossed
FLUX POWER: Kassam Securities Suit Moved From D. Nev. to S.D. Cal.
FOREVER NEW: Zelaya Seeks to Recover Workers' Unpaid Wages
GALLAGHERS PLUMBING: Faces Orr Labor Suit in Cal. Super.
GDA CONSULTING: Faces Bradby Class Suit Over Lending Scheme
GENERAL ELECTRIC: Class Settlement in Sjunde Gets Initial Nod
GENERAL MOTORS: Faces Multiple Class Suit Over Driver Data Sharing
GONNELLA BAKING: Soto Seeks to Recover Workers' Unpaid Wages
GREEN SOLUTIONS: Weaver Suit Seeks to Certify Consumer Class
HANAPS ENTERPRISES: Young Sues Over Blind's Equal Access to Website
HEALTH CARE: Hearing on Various Bids Set for Feb. 4
HYATT HOTELS: Gil Sues Over Hotel's Architectural Barriers
ILLINOIS: Bid for Class Cert. in Kainz Suit Due August 1
INFORMATION.COM: Hearing on Class Cert Bid Set for Dec. 5
INGO MONEY: Court Certifies Settlement Class in Corona-Cantu Suit
INNOVATIVE INDUSTRIA: Giraudon Sues Over Exchange Act Violation
J&C AMBULANCE: First's Renewed Class Cert Bid Partly OK'd
JAYARVEE INC: Agustin Sues to Recover Overtime Wages
JBS FOODS: Court Narrows Claims in Taylor Suit
JBS USA: Settlement in Brown Suit Gets Initial Nod
KELLYANN LLC: Filing for Class Cert Bid Continued to August 7
KENDAL CORPORATION: Fails to Secure Personal Info, Parikh Claims
KIA AMERICA: Class Cert Bid Filing in Knight Modified to Sept. 11
KINROSS GOLD: Ellings Sues to Recover Unpaid Wages
KIZIK DESIGN: Cole Sues Over Blind-Inaccessible Website
KOLD TRANS: Class Cert. Hearing in Hamilton Continued to April 17
LAMB WESTON: Marflayaa Sues Over Frozen Potato Market Monopoly
LASERSHIP INC: Huggins Sues Over Unlawfully Denied Overtime Wages
LENNY & LARRY'S: Tucker Sues Over Blind's Equal Access to Website
LESLIE'S POOLMART: Torres Suit Removed to C.D. California
LINDERLAKE CORPORATION: Alastanos Sues to Recover Unpaid Wages
LITTLE CAESARS: Filing for Class Cert. Bid Modified to June 16
LONG ISLAND PLASTIC: Fitzsimons Suit Removed to E.D. New York
LSREF3/AH CHICAGO: Class Cert. Fact Discovery Due April 25
MATHWORKS INC: Rodriguez Sues Over Invasion of Data Privacy
MAX & FRANK: Ciommi Seeks to Recover Unpaid Overtime Wages
MCCREARY MODERN: Mismanages Plan's Dividends, Trull Suit Alleges
MCDERMOTT INC: Filing for Class Cert Bid in Smith Due August 15
MDL 2873: Exposure to Toxic Chemical Caused Illness, Psomas Says
MDL 2873: Exposure to Toxic Chemicals Caused Sickness, Smith Says
MDL 2873: Faces Heck Suit Over Exposure to Toxic Chemicals
MDL 2873: Faces Willa Suit Over Exposure to Toxic Chemicals
MDL 2873: Fields Alleges Injury Due to Toxic Chemical Exposure
MDL 2873: Hiort Alleges Injury Due to Toxic Chemical Exposure
MDL 2873: Hughes Suit Alleges Exposure to Toxic Chemicals
MDL 2873: McGuire Suit Alleges Exposure to Toxic Chemicals
MDL 2873: McManis Alleges Injury Due to Toxic Chemical Exposure
MDL 2873: Nettles Alleges Injury Over Toxic Chemical Exposure
MDL 2873: Schindler Sues Over Exposure to Toxic Chemicals
MDL 2873: Stuckey Suit Alleges Illness Due to Toxic Foam Exposure
MDL 2873: Toxic Chemical Exposure Caused Death, Krug Suit Alleges
MDL 2873: Toxic Foam Exposure Resulted to Death, Pelayo Suit Says
MDL 2992: Swope Must Be at Class Cert Hearing Telephonically
MEAD JOHNSON: Bid to Dismiss Seutter Class Suit Tossed
MEDUSIND INC: Faces Owings Suit Over Data Breach
METROPOLITAN COUNCIL: Fiorito Suit Removed to D. Minnesota
MGM RESORTS: Gil Sues Over Hotel's Architectural Barriers
MIDDLE WEST: Fagnani Sues Over Blind-Inaccessible Website
MODHESHWARI LLC: Cheli Sues Over ADA Non-Compliant Facilities
MOLINA HEALTHCARE: Ramey TCPA Suit Seeks to Certify Class
MP2 ENTERPRISES: Precertification Class Discovery Order Entered
NATIONS CREDIT: Salaiz Files TCPA Suit in W.D. Tex.
NATIONSTAR MORTGAGE: Agrees to Settle Homeowners' Suit for $5.8MM
NIKE RETAIL: Cruz Bid for Class Certification Partly OK'd
NOOD VENTURES: Faces Tran Suit Over Deceptive Sale Prices
NVIDIA CORPORATION: Tucker Sues Over Blind-Inaccessible Website
OFFICE DEPOT: McGonigle Files TCPA Suit in S.D. Florida
OKTA INC: Esparza Sues Over Invasion of Data Privacy
ONEBLOOD INC: Henderson Sues Over Unauthorized Access of Info
ONEBLOOD INC: Townley Files Suit in M.D. Florida
OPTUM INC: Faces Suit Over Unlawful Disclosure of Private Info
PACIFIC COAST: Bernal Suit Alleges Unlawful Labor Practices
PALMCO ADMINISTRATION: Bid to Bifurcate Discovery in Nock Tossed
PALMER CENTER: Property Has Architectural Barriers, Maurer Says
PARTS AUTHORITY: Seeks More Time to File Class Cert Response
PAYCOR INC: Johns Can File Class Cert Bid Under Seal
PAYPAL HOLDINGS: Redirects Content Creators' Pay, King Alleges
PAYPAL INC: Brevard Marketing Files Suit in E.D. Virginia
PENSKE LOGISTICS: Class Cert Filing in Nelson Modified to March 28
PFIZER INC: Bonilla Sues Over Failure to Uphold Duties
PFP SENIOR HOME: Johnson Sues Over Unpaid Overtime Wages
PIH HEALTH: Fails to Secure Personal Info, Pimentel Says
PLATTE COUNTY DETENTION : Plaintiffs Lose Class Status Bid
POST ACUTE: Plaintiff Must File Class Cert Bid by July 23
POWERSCHOOL GROUP: Fails to Prevent Data Breach, Keigley Says
POWERSCHOOL GROUP: Fails to Secure Clients' Info, Keigley Claims
POWERSCHOOL GROUP: Faircloth Sues Over Failure to Safeguard PII
POWERSCHOOL GROUP: Griffin Sues Over Unauthorized Access of Info
POWERSCHOOL HOLDINGS: Fails to Prevent Data Breach, Flick Says
POWERSCHOOL HOLDINGS: Fails to Secure Personal Info, Schwartz Says
POWERSCHOOL HOLDINGS: Fails to Secure Users' Info, Champney Says
POWERSCHOOL HOLDINGS: La Count Sues Over Unprotected Personal Info
PRESBYTERIAN HEALTHCARE: Martinez Suit Removed to D. New Mexico
PROCTER & GAMBLE: Toilet Paper "Not Sustainable," Lowry Suit Claims
PROGRESSIVE DIRECT: Zeoli Files Suit in Mass. Super. Ct.
PROPET FOOTWEAR: Blind Can't Access Online Store, Walker Alleges
PVOLVE LLC: Reyes Seeks Equal Website Access for the Blind
QUAIL ROOST: Faces Pardo Suit Over Disabled's Access to Property
QUANTERIX CORP: Rosen Law Probes Potential Securities Claims
RAPID INVESTMENTS: Hall Sues Over Prepaid Debit Card Scheme
RAWLINGS COMPANY: Class Certification Bid Filing Extended to May 7
REBIZ LLC: Fry Suit Removed to C.D. Illinois
REPUBLIC SERVICES: Pietoso Suit Seeks to Certify Rule 23 Class
RESET TECHNOLOGY: Thompson Files TCPA Suit in M.D. Florida
ROCKY MOUNTAIN RECOVERY: Webster Files FDCPA Suit in D. Wyoming
ROYAL CARIBBEAN: Plaintiffs Seek to Certify Issue Classes
SARA CODY: Plaintiffs' Partial Bid for Summary Judgment Tossed
SCHMIDT BAKING: Franzone Sues Over Unlawful Misclassification
SEASON 4: Loses Bid to Enforce Subpoena in Suderland
SRP FEDERAL CREDIT: Chase Sues Over Failure to Secure PII
SSM HEALTH: Hicks Seeks to Certify Collective Action
STUDENT LOAN: Dawson FDCPA Suit Seeks to Certify Class
SUGARHOUSE HSP: Fails to Protect Personal Info, Martin Says
TAILORED SHARED: Trujillo Files Labor Suit in Calif. Super.
TARGET CORPORATION: Plaintiffs Seek to Certify Eight Classes
TARGET CORPORATION: Solana Suit Removed to E.D. New York
TD AMERITRADE: Sweeps Customers' Cash Balances, Jacobs Suit Says
TDBBS LLC: Garcia Sues Over Deceptive Marketing of Bully Sticks
TECTA AMERICA: Fails to Prevent Data Breach, Nazzaro Alleges
TESLA INC: Filing for Class Cert. Bid in Matsko Suit Due May 6
THINTONS LLC: Gonzalez Files Suit in Cal. Super. Ct.
TICKETMASTER LLC: Faces Financial Class Suit Over Customers' Data
TICKETMASTER LLC: First Choice Files Suit in D. Montana
TRIPLE CANOPY: Pariscoff Sues Over Unpaid Overtime Wages
TRUE CLASSIC TEES: Edlund Suit Removed to C.D. California
TSAROUHIS LAW: Yoo Suit Seeks to Certify Class Action
UBISOFT INC: Filing for Class Cert. Bid in Lakes Due Nov. 6
UNCLE CREDIT: Faces Ganjizadeh Wage-and-Hour Suit in Calif.
UNITED COLLECTION: Stein Files FDCPA Suit in E.D. New York
UNITED PARCEL: Brown Suit Seeks to Certify Two Classes
UNITEDHEALTH GROUP: Fails to Secure Personal Info, Christenson Says
UNIVERSAL PICTURES: Cohn Sues Over Unlawful Disclosure of PII
UNIVERSAL PICTURES: Mitchener Sues Over Trap & Trace Use on Website
USAA FEDERAL: Plaintiffs' Bid for Attorneys' Fees & Costs OK'd
V.P. MUSIC: Liz Sues Over Website's Access Barriers to the Blind
VANGUARD EQUITIES: Vallesillo Files Suit Over TCPA Violation
VERTIV CORP: Class Cert Bid Filing in Torok Suit Extended
VIA RENEWABLES: Seeks to File Class Cert Opposition Under Seal
VISION PATH: Court Continues Class Cert Hearing to July 17
VOLKSWAGEN GROUP: Class Settlement in Potvin Gets Final Nod
VOLKSWAGEN GROUP: Martinez Files Suit Over Defective Vehicles
VOLKSWAGEN GROUP: Zeiders Files Fraud Suit in D.N.J.
VON MAUR: Faces Recek Suit Over False Sale Prices
WARREN STREET: Zuckerman Alleges Discrimination, Retaliation
WASTE CONNECTIONS: Class Cert Discovery in PWSL Due Oct. 20
WELLS FARGO: Parties in Henzel Suit Seek to Extend Briefing Sched
WELLS FARGO: Parties in Winkler Suit Seek to Extend Briefing Sched
WELLS FARGO: SEB Seeks to Certify Rule 23 Class Action
WESTERN CONFERENCE: Paieri Suit Seeks to Certify Three Classes
WILSON COUNTY, TN: Judge Recommends Denial of Class Cert Bid
WK KELLOGG: Faces Reyes Suit Over Mislabeled Cereal Products
ZIROZI INC: Seeks More Time to File Class Cert Response
*********
3M COMPANY: Green Sues Over Exposure to Toxic Chemicals & Foams
---------------------------------------------------------------
Michael Wayne Green, and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS
INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC,
LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS
& SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCOFIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., Case No.
2:24-cv-07189-RMG (D.S.C., Dec. 10, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") and firefighter turnout gear ("TOG") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, Defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold, and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with thyroid disease.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Phone: (737) 208-1636
Email: rziminskas@themislawpllc.com
3M COMPANY: Hale Sues Over Exposure to Toxic Film-Forming Foams
---------------------------------------------------------------
Elijah Hale, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA
U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER
GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.;
CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I.
DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER
SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL
COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC;
TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No.
2:24-cv-07540-RMG (D.S.C., Dec. 20, 2024), is brought for damages
for personal injuries resulting from exposure to aqueous
film-forming foams ("AFFF") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
PFAS, known as "forever chemicals" because they resist
biodegradation, persist in the environment, and accumulate in
people and other living organisms, have contaminated the land, air,
and water, through the use of AFFF containing PFAS for fire
suppression activities. AFFF is a specialized substance designed to
extinguish petroleum-based fires. Defendants' AFFF contained PFOS,
PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are man-made compounds that are
persistent, toxic, and bioaccumulative when released into the
environment, and pose a significant risk to human health and
safety. PFAS are highly toxic and carcinogenic chemicals.
Defendants knew, or should have known, that PFAS remain in the
human body while presenting significant health risks to humans.
Not knowing the true nature of the products consumers were required
to use, PFAS, and/or AFFF containing PFAS has been used for decades
by military and civilian firefighters to extinguish fires in
training and in response to Class B fires.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages, costs incurred and to be incurred by Plaintiff,
and any other damages that the Court or jury may deem appropriate
for bodily injury arising from the intentional, malicious, knowing,
reckless and/or negligent acts and/or omissions of Defendants in
connection with the permanent and significant damages sustained as
a direct result of exposure to Defendants' AFFF products at various
locations during the course of Plaintiff's training and
firefighting activities. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's service in the United
States Air Force.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products.[BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Phone (305) 375-0111
Email: james@ferrarolaw.com
3M COMPANY: Haughey Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
Patrick Haughey, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-06913-RMG (D.S.C., Nov. 27, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams (“AFFF”) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (“PFAS”). PFAS
includes, but is not limited to, perfluorooctanoic acid
(“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) and
related chemicals including those that degrade to PFOA and/or PFOS,
seeking relief against Defendants for personal injury and due to
exposure from PFAS related to the direct use of AFFF, a
firefighting foam containing PFAS compounds and for direct exposure
to AFFF and/or exposure from ingestion of PFAS from their water
supply.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS.
PFAS are highly toxic and carcinogenic chemicals. Defendants knew,
or should have known, that PFAS remain in the human body while
presenting significant health risks to humans. When consumed, PFOS
and PFOA have been linked to numerous and serious health issues.
PFOA and PFOS are associated with a variety of illnesses, including
but not limited to, kidney cancer, testicular cancer, ulcerative
colitis, thyroid disease, liver cancer, and thyroid cancer. The
chemicals are particularly dangerous for pregnant women and young
children. As the manufacturers of AFFF and/or PFAS for use in AFFF,
the Defendants knew or should have known that the inclusion of
Toxic Surfactants in AFFF presented an unreasonable risk to human
health.
The Defendants’ PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products’ condition. Plaintiff was unaware of the dangerous
properties of the Defendants’ AFFF products and relied on the
Defendants’ instructions as to the proper handling of the
products. Plaintiff’s consumption, inhalation and/or dermal
absorption of PFAS from Defendant’s AFFF products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
The Plaintiffs had no way to know that they were being exposed to
toxic chemicals until the contamination was recently discovered.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants’
AFFF products at various locations during the course of
Plaintiff’s training and firefighting activities. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff was directly exposed to AFFF through firefighting
and/or Plaintiff’s water supply was contaminated with PFOS and
PFOA as an after effect of such use.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Kimbrell Sues Over Exposure to Toxic Aqueous Foams
--------------------------------------------------------------
James Kimbrell, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-06912-RMG (D.S.C., Nov. 27, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams (“AFFF”) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (“PFAS”). PFAS
includes, but is not limited to, perfluorooctanoic acid
(“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) and
related chemicals including those that degrade to PFOA and/or PFOS,
seeking relief against Defendants for personal injury and due to
exposure from PFAS related to the direct use of AFFF, a
firefighting foam containing PFAS compounds and for direct exposure
to AFFF and/or exposure from ingestion of PFAS from their water
supply.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS.
PFAS are highly toxic and carcinogenic chemicals. Defendants knew,
or should have known, that PFAS remain in the human body while
presenting significant health risks to humans. When consumed, PFOS
and PFOA have been linked to numerous and serious health issues.
PFOA and PFOS are associated with a variety of illnesses, including
but not limited to, kidney cancer, testicular cancer, ulcerative
colitis, thyroid disease, liver cancer, and thyroid cancer. The
chemicals are particularly dangerous for pregnant women and young
children. As the manufacturers of AFFF and/or PFAS for use in AFFF,
the Defendants knew or should have known that the inclusion of
Toxic Surfactants in AFFF presented an unreasonable risk to human
health.
The Defendants’ PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products’ condition. Plaintiff was unaware of the dangerous
properties of the Defendants’ AFFF products and relied on the
Defendants’ instructions as to the proper handling of the
products. Plaintiff’s consumption, inhalation and/or dermal
absorption of PFAS from Defendant’s AFFF products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
The Plaintiffs had no way to know that they were being exposed to
toxic chemicals until the contamination was recently discovered.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants’
AFFF products at various locations during the course of
Plaintiff’s training and firefighting activities. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff was directly exposed to AFFF through firefighting
and/or Plaintiff’s water supply was contaminated with PFOS and
PFOA as an after effect of such use.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Payne Sues Over Exposure to Toxic Foams & Chemicals
---------------------------------------------------------------
Dennis G. Payne, individually and as personal representative for
Decedent, David Edwin Tipton, and other similarly situated v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC
CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX
CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; KIDDE PLC; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY
LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI
PERFORMANCE PRODUCTS, INC.; RAYTHEON TECHNOLOGIES CORPORATION;
SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS L.P. as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); and W.L.
GORE & ASSOCIATES, INC., Case No. 2:24-cv-07068-RMG (D.S.C., Dec.
6, 2024), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") and firefighter
turnout gear ("TOG") containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances ("PFAS"). PFAS
includes, but is not limited to, perfluorooctanoic acid ("PFOA")
and perfluorooctane sulfonic acid ("PFOS") and related chemicals
including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Stephen "Buck" Daniel, Esq.
RUEB STOLLER DANIEL, LLP
225 Ottley Drive NE, Suite 110
Atlanta, GA 30624
Phone: 404-381-2888
Email: buck@lawrsd.com
3M COMPANY: Thompson Sues Over Exposure to Toxic Chemicals & Foams
------------------------------------------------------------------
Levonne Thompson, and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.;
CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD
INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX
CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY;
THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE
DEFENDANTS 1-20, Case No. 2:24-cv-06717-RMG (D.S.C., Nov. 21,
2024), is brought for damages for personal injuries resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
PFAS, known as "forever chemicals" because they resist
biodegradation, persist in the environment, and accumulate in
people and other living organisms, have contaminated the land, air,
and water, through the use of AFFF containing PFAS for fire
suppression activities. AFFF is a specialized substance designed to
extinguish petroleum-based fires. Defendants' AFFF contained PFOS,
PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are man-made compounds that are
persistent, toxic, and bioaccumulative when released into the
environment, and pose a significant risk to human health and
safety. PFAS are highly toxic and carcinogenic chemicals.
Defendants knew, or should have known, that PFAS remain in the
human body while presenting significant health risks to humans.
Not knowing the true nature of the products consumers were required
to use, PFAS, and/or AFFF containing PFAS has been used for decades
by military and civilian firefighters to extinguish fires in
training and in response to Class B fires.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages, costs incurred and to be incurred by Plaintiff,
and any other damages that the Court or jury may deem appropriate
for bodily injury arising from the intentional, malicious, knowing,
reckless and/or negligent acts and/or omissions of Defendants in
connection with the permanent and significant damages sustained as
a direct result of exposure to Defendants' AFFF products at various
locations during the course of Plaintiff's training and
firefighting activities. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's service in the United
States Army.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products.[BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Phone (305) 375-0111
Email: james@ferrarolaw.com
3M COMPANY: Tolentino Sues Over Exposure to Toxic Chemicals
-----------------------------------------------------------
Luis Tolentino, Jr., and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.;
CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD
INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX
CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY;
THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE
DEFENDANTS 1-20, Case No. 2:24-cv-06734-RMG (D.S.C., Nov. 21,
2024), is brought for damages for personal injuries resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
PFAS, known as "forever chemicals" because they resist
biodegradation, persist in the environment, and accumulate in
people and other living organisms, have contaminated the land, air,
and water, through the use of AFFF containing PFAS for fire
suppression activities. AFFF is a specialized substance designed to
extinguish petroleum-based fires. Defendants' AFFF contained PFOS,
PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are man-made compounds that are
persistent, toxic, and bioaccumulative when released into the
environment, and pose a significant risk to human health and
safety. PFAS are highly toxic and carcinogenic chemicals.
Defendants knew, or should have known, that PFAS remain in the
human body while presenting significant health risks to humans.
Not knowing the true nature of the products consumers were required
to use, PFAS, and/or AFFF containing PFAS has been used for decades
by military and civilian firefighters to extinguish fires in
training and in response to Class B fires.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages, costs incurred and to be incurred by Plaintiff,
and any other damages that the Court or jury may deem appropriate
for bodily injury arising from the intentional, malicious, knowing,
reckless and/or negligent acts and/or omissions of Defendants in
connection with the permanent and significant damages sustained as
a direct result of exposure to Defendants' AFFF products at various
locations during the course of Plaintiff's training and
firefighting activities. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's service in the United
States Navy.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products.[BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Phone (305) 375-0111
Email: james@ferrarolaw.com
3M COMPANY: Williams Sues Over Exposure to Toxic Chemicals
----------------------------------------------------------
Ken Williams, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, Inc.; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS
COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE
NEMOURS, INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS,
INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.;
L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC
MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL
EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS,
LP; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., and DOE
DEFENDANTS 1-20, fictious names whose present identities are
unknown, Case No. 2:24-cv-06494-RMG (D.S.C., Nov. 15, 2024), is
brought for damages relating to Defendants' development, marketing,
release, training users of, instructional materials, warnings,
sale, handling, and use in connection with Aqueous Film-Forming
Foam ("AFFF") containing Perfluorooctanoic Acid ("PFOA"),
Perfluorooctanesulfonic acid ("PFOS"), Perfluorononanoic acid
("PFNA"), Perfluorohexanesulfonic acid ("PFHxS"),
Perfluorobutanesulfonic acid ("PFBS"), Hexafluoropropylene Oxide
("HFPO", also known as "Gen-X"), and/or their precursors and
derivatives, and other fluorochemicals and for damages for personal
injury resulting from exposure to aqueous film forming foams
("AFFF") and firefighter turnout gear ("TOG") containing
"fluorochemical products."
The Defendants failed to warn users and consumers of their
fluorochemical products' persistence, bioaccumulation, and toxic
properties, as well as the fluorochemical products' propensity to
contaminate water supplies, which was known or knowable to the
Defendants.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS as well
as result in the contamination of Plaintiff's public drinking water
supply. Further, Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities and arising from
the intentional, malicious, knowing, reckless and/or negligent acts
and/or omissions of Defendants in connection with the contamination
of the Plaintiff's drinking water supply with Defendants'
fluorochemical products to which Plaintiff was exposed. Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with Kidney Cancer.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.[BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste 4050
St. Louis, MO 63102
Phone: (314) 932-3232
Fax: (314) 932-3233
Email: heidi@thedriscollfirm.com
3M COMPANY: Woodham Sues Over Exposure to Toxic Chemicals & Foams
-----------------------------------------------------------------
Larry Woodham, and others similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA
U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER
GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.;
CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I.
DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER
SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL
COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC;
TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No.
2:24-cv-06736-RMG (D.S.C., Nov. 21, 2024), is brought for damages
for personal injuries resulting from exposure to aqueous
film-forming foams ("AFFF") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
PFAS, known as "forever chemicals" because they resist
biodegradation, persist in the environment, and accumulate in
people and other living organisms, have contaminated the land, air,
and water, through the use of AFFF containing PFAS for fire
suppression activities. AFFF is a specialized substance designed to
extinguish petroleum-based fires. Defendants' AFFF contained PFOS,
PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are man-made compounds that are
persistent, toxic, and bioaccumulative when released into the
environment, and pose a significant risk to human health and
safety. PFAS are highly toxic and carcinogenic chemicals.
Defendants knew, or should have known, that PFAS remain in the
human body while presenting significant health risks to humans.
Not knowing the true nature of the products consumers were required
to use, PFAS, and/or AFFF containing PFAS has been used for decades
by military and civilian firefighters to extinguish fires in
training and in response to Class B fires.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages, costs incurred and to be incurred by Plaintiff,
and any other damages that the Court or jury may deem appropriate
for bodily injury arising from the intentional, malicious, knowing,
reckless and/or negligent acts and/or omissions of Defendants in
connection with the permanent and significant damages sustained as
a direct result of exposure to Defendants' AFFF products at various
locations during the course of Plaintiff's training and
firefighting activities. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's service in the United
States Army.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products.[BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Phone (305) 375-0111
Email: james@ferrarolaw.com
787 COFFEE ROASTERS: Trippett Alleges Blind-Inaccessible Website
----------------------------------------------------------------
ALFRED TRIPPETT, on behalf of himself and all others similarly
situated, Plaintiff v. 787 Coffee Roasters, LLC, Defendant, Case
No. 1:25-cv-00202 (S.D.N.Y., January 9, 2025) is a civil rights
action against 787 Coffee Roasters for their failure to design,
construct, maintain, and operate their website,
https://www.787coffee.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
On December 9, 2024, the Plaintiff was searching online for a local
store to find premium coffee beans with unique flavors. During his
search, he came across the Defendant's website 787coffee.com which
seemed to offer coffee products grown and roasted on their farm.
However, the website presented accessibility challenges, such as a
pop-up that appeared without warning, images with identical alt
text, and other issues that hindered his ability to browse for more
product information, find store locations, or complete a purchase
online. These access barriers have caused 787coffee.com to be
inaccessible to, and not independently usable by blind and
visually-impaired persons, says the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in 787
Coffee Roasters' policies, practices, and procedures so that its
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
787 Coffee Roasters, LLC operates the website that offers coffee
products.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Tel: (347) 941-4715
E-mail: Glevyfirm@gmail.com
ACCELLION INC: Approval of Class Cert Briefing Schedule Sought
--------------------------------------------------------------
In the class action lawsuit captioned as Brown v. Accellion, Inc.
(RE ACCELLION, INC. DATA BREACH LITIGATION), Case No.
5:21-cv-01155-EJD (N.D. Cal.), the Parties ask the Court to enter
an order granting motion for class certification briefing
schedule:
Scheduled Events Current Modified
Deadlines Deadline
Opposition Brief: Jan. 29, 2025 Feb. 10, 2025
Reply Brief: Mar. 12, 2025 Mar. 24, 2025
Hearing Date: Apr. 17, 2025 Apr. 28, 2025
or as soon
thereafter as
is convenient
for the Court
On Feb. 12, 2024, the Court issued an order setting initial case
management conference, setting case schedule.
On Dec. 16, 2024, Plaintiffs filed their motion for class
certification.
Accellion is a provider of on-demand secure file transfer solutions
with an extensive customer base covering industries.
A copy of the Parties' motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dU7pSV at no extra
charge.[CC]
The Plaintiff is represented by:
Adam E. Polk, Esq.
Kyle P. Quackenbush, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: apolk@girardsharp.com
kquackenbush@girardsharp.com
- and -
Krystal K. Pachman, Esq.
Michael Gervais, Esq.
Steven G. Sklaver, Esq.
Madeline M. Yzurdiaga, Esq.
Kevin R. Downs, Esq.
SUSMAN GODFREY LLP
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067-6029
Telephone: (310) 789-3100
E-mail: kpachman@susmangodfrey.com
mgervais@susmangodfrey.com
ssklaver@susmangodfrey.com
myzurdiaga@susmangodfrey.com
kdowns@susmangodfrey.com
The Defendant is represented by:
Fred Norton, Esq.
Bree Hann, Esq.
Gil Walton, Esq.
Emily Kirk, Esq.
Rebecca Kutlow, Esq.
Heather Bates, Esq.
THE NORTON LAW FIRM PC
300 Frank H. Ogawa Plaza, Suite 450
Oakland, CA 94612
Telephone: (510) 906-4900
E-mail: fnorton@nortonlaw.com
bhann@nortonlaw.com
gwalton@nortonlaw.com
ekirk@nortonlaw.com
rkutlow@nortonlaw.com
hbates@nortonlaw.com
- and -
Camilo Artiga-Purcell, Esq.
ACCELLION, INC.
1510 Fashion Island Blvd, Suite 100
San Mateo, CA 94404
Telephone: (415) 515-4724
ACTION FOR BOSTON: Mismanages Retirement Plan, Hildonen Says
------------------------------------------------------------
CHRISTINA HILDONEN; and JOAN WHITAKER, individually and on behalf
of all others similarly situated, Plaintiffs v. ACTION FOR BOSTON
COMMUNITY DEVELOPMENT, INC., Defendant, Case No. 1:25-cv-10120 (D.
Mass., Jan. 16, 2025) alleges violation of the Employee Retirement
Income Security Act.
According to the Plaintiffs in the complaint, the Defendant
directed 100 percent of participant accounts under its control to a
capital preservation fund and never moved those investments,
resulting in the Plan holding more than 55 percent of its total
assets in a capital preservation fund to this day. The norm among
peer plans is 15 percent –20 percent in capital preservation
assets. The Plan's overallocation to capital preservation has
resulted in plan-wide returns that are worse than more than 99
percent of comparable plans, causing its employees as a group to
earn millions less per year in income and gains because they happen
to work for ABCD and not another employer.
There is nothing about the Defendant's employee demographics to
justify such a stark deviation from investment norms. The Plan's
earning deficits are the result of the Defendant's lack of
diligence and care in managing retirement investments for its
employees.
The Defendant violated ERISA by failing from 2019 to the present to
remedy its misallocation of Plan assets and bring the Plan's
investments in line with prudent asset allocation practices and
participants' time horizons and needs, resulting in losses to the
Plan, says the suit.
Action for Boston Community Development, Inc. (ABCD) operates as a
non-profit organization. The Organization provides child education,
healthcare, food nutrition, youth programs, money management, and
immigration services. [BN]
The Plaintiff is represented by:
Jason M. Leviton, Esq.
BLOCK & LEVITON, LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Email: jason@blockleviton.com
- and -
Mark E. Thomson, Esq.
Carl F. Engstrom, Esq.
ENGSTROM LEE LLC
323 N Washington Ave., Suite 200
Minneapolis, MN 55401
Telephone: (612) 305-8349
Facsimile: (612) 677-3050
Email: mthomson@engstromlee.com
cengstrom@engstromlee.com
ACUSHNET HOLDINGS: Jackson Seeks Equal Website Access for the Blind
-------------------------------------------------------------------
SYLINIA JACKSON, individually and on behalf of all others similarly
situated, Plaintiff v. ACUSHNET HOLDINGS CORP., Defendant, Case No.
1:25-cv-00445 (S.D.N.Y., Jan. 16, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.titleist.com, is not fully or equally accessible to blind
and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Acushnet Holdings Corp. operates as a holding company. The Company,
through its subsidiaries, designs, develops, manufactures, and
distributes golf equipment and accessories. Acushnet Holdings sells
its products primarily to on-course golf pro shops, selected
off-course golf specialty and sporting goods stores, and other
retailers worldwide. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Michael@Gottlieb.legal
Dana@Gottlieb.legal
Jeffrey@Gottlieb.legal
AFFINITY INSURANCE: Court Dismisses Guercia Suit w/ Prejudice
-------------------------------------------------------------
In the class action lawsuit captioned as JOAN GUERCIA, individually
and on behalf of all others similarly situated, v. AFFINITY
INSURANCE SERVICES INC., AIS AFFINITY INSURANCE AGENCY INC.,
NATIONWIDE MUTUAL INSURANCE COMPANY, Case No. 4:24-cv-05088-MKD
(E.D. Wash.), the Hon. Judge Mary Dimke entered an order that:
1. Defendants' motion to dismiss is granted.
2. Defendants' request for Judicial Notice is granted
in part.
3. All claims are dismissed with prejudice.
4. All pending motions, if any, are denied as moot.
5. All pending dates and deadlines are stricken.
The District Court Executive is directed to enter this Order, enter
judgment, provide copies to the parties, and close the file.
The Court finds that the CPA exemption in RCW 19.86.170 applies.
The Court finds that Plaintiff has not alleged a common law claim
for breach of duty of good faith and fair dealing.
The Plaintiff brings claims for violations of Washington's Consumer
Protection Act ("CPA"), a common law breach of contract claim, and
a common law breach of the duty of good faith.
Affinity Insurance is the subsidiary of Aon that specializes in
developing, marketing and administering customized insurance
programs.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Q5Jvq1 at no extra
charge.[CC]
ALASKA AIRLINES: Class Settlement in Clarkson Gets Final Nod
------------------------------------------------------------
In the class action lawsuit captioned as CASEY CLARKSON, v. ALASKA
AIRLINES, INC, and HORIZON AIR INDUSTRIES, INC., Case No.
2:19-cv-00005-TOR (E.D. Wash.), the Hon. Judge Thomas Rice entered
an order granting unopposed motion for final approval of class
action settlement and granting motion for award of attorneys' fees,
costs, and service award:
1. Plaintiff's Motion for Service Award is granted.
a. A total of $30,000 will be set aside for a Service
Award, $15,000 for Mr. Clarkson and $5,000 for the
remaining Class Representatives.
2. Plaintiff's motion for attorney's fees and costs is
granted. 30% of the Settlement Fund, $1,425,000, is granted
to Class Counsel as attorney's fees, $244,422.86 in costs,
and up to $19,500 to compensate the Settlement
Administrator.
3. Plaintiff's motion for final approval of class action
settlement is granted.
4. This matter is dismissed with prejudice.
The District Court Executive is directed to enter this Order and
Judgment of Dismissal, furnish copies to counsel, and CLOSE the
file.
The Plaintiff Casey Clarkson and others similarly situated bring
this class action against Defendant Alaska Airlines, Inc. and
Horizon Air Industries, Inc. for violations of the Uniformed
Services Employment and Reemployment Rights Act ("USERRA")
On Sept. 25, 2024, the Court granted a Preliminary Approval of
Class Action Settlement and scheduled a final fairness hearing for
Jan. 15, 2025.
The Class that the Court previously certified by Order dated Aug.
4, 2020, and modified by including an end date to the class period
in its Order dated Sept. 25, 2024, is finally certified for
settlement purposes under Rule 23(a) and Rule 23(b)(3) of the
Federal Rules of Civil Procedure and defined as follows:
"All current or former Alaska or Horizon pilots who have taken
short-term military leave from Oct. 10, 2004, through May 31,
2023."
Excluded from the Class are persons who previously reached
settlements with or judgments against Defendants resolving or
releasing any claims arising during the Class periods under USERRA
related to any of the claims in this lawsuit.
Alaska Airlines is a major American airline headquartered in
SeaTac, Washington, within the Seattle metropolitan area.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=w7ltUx at no extra
charge.[CC]
ALCOA USA: Faces Deruchia Suit Over Unlawful Pay Practices
----------------------------------------------------------
ALAN DERUCHIA, individually and for others similarly situated v.
ALCOA USA CORP, Case No. 2:25-cv-00037 (W.D. Pa., January 8, 2025),
arises from Defendant's pre-shift off the clock policy that
violates the Fair Labor Standards Act and the New York Labor Law.
Plaintiff Deruchia worked for Defendant (and its predecessor) as a
pot room mechanic from approximately March 1993 until November
2024. Throughout his employment with Defendant, it has applied its
pre-shift off-the-clock policy to him, as well as paid him under
its bonus pay scheme. However, the Defendant's policy violates FLSA
and NYLL by depriving Plaintiff and the other hourly employees of
overtime wages when they work in excess of 40 hours a workweek. In
addition, the Defendant failed to include non-discretionary
performance and attendance bonuses in calculating their regular
rates of pay for overtime purposes.
Headquartered in Pittsburgh, PA, Alcoa is a Delaware corporation
that operates an aluminum smelting facility in Massena, NY. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Joshua P. Geist, Esq.
William F. Goodrich, Esq.
GOODRICH & GEIST, PC
3634 California Avenue
Pittsburgh, PA 15212
Telephone: (412) 766-1455
Facsimile: (412) 766-0300
E-mail: josh@goodrichandgeist.com
bill@goodrichandgeist.com
ALTA RESOURCES: Fails to Protect Personal Info, Skotzke Says
------------------------------------------------------------
BECKY SKOTZKE, individually and on behalf of all others similarly
situated, Plaintiff v. ALTA RESOURCES CORP., Defendant, Case No.
1:25-cv-00040 (E.D. Wis., January 9, 2025) is a class action
against the Defendant for its failure to properly secure and
safeguard the personally identifiable information of Plaintiff and
other similarly situated individuals.
On December 20, 2024, the Defendant sent Plaintiff a "Notice of
Data Event" letter confirming that her PII was affected by a
cyberattack on Defendant's information systems, including her name,
Social Security number, and financial account information. The
information compromised in the Data Breach is even more significant
because it includes health and medical information, which
extraordinarily sensitive and private and is commonly used to
perpetrate medical and insurance fraud, says the suit.
Because of Defendant's failures, the Plaintiff and the proposed
Class Members have suffered a severe invasion of privacy and must
now face a substantially increase in identity theft and fraud for
years to come, the suit asserts.
Alta Resources Corporation provides business process outsourcing
services.[BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (827) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
gwells@stranchlaw.com
AMAZON SERVICES.COM: Cook Sues Over Disability Discrimination
-------------------------------------------------------------
ASHLEY COOK, individually and on behalf all others similarly
situated, Plaintiffs, v. AMAZON SERVICES.COM LLC, Defendant, Case
No. 2:25-cv-00050 (W.D. Wash., January 8, 2025) arises from
disability discrimination and a blatant failure to accommodate
Plaintiff.
Because of certain health conditions, the Plaintiff initially
requested accommodations from her manager in the form of work from
home time and, as well, fifteen-minute breaks throughout the day to
manage her bleeding. However, her manager refused to engage in the
conversation, saying she must go through the corporate A to Z App,
which manages all employees' HR concerns. A medical leave was then
approved towards the end of 2023. However, Plaintiff has not been
able to return to her position as Cloud Engineer due to Amazon not
approving accommodations and was told by her management that they
could not honor or approve accommodations. Her requests for
accommodation are routinely denied because Defendant does not
engage in the interactive process as the Amazon A to Z app simply
is not designed to allow such an interactive process, says the
suit.
Accordingly, Plaintiff now seeks to obtain damages, restitution,
and injunctive relief, asserting claims for violations of the
Americans with Disabilities Act.
Headquartered in Seattle, WA, Amazon Services.com LLC is a Delaware
corporation that provides e-commerce services and retails books,
diamond jewelry, electronics, appliances, apparels, and
accessories. [BN]
The Plaintiff is represented by:
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS LLP
705 Second Avenue, Suite 1200
Seattle, WA 98104
Telephone: (206) 624-6711
E-mail: msubit@frankfreed.com
- and -
Walker G. Harman, Jr., Esq.
Evan K. Richardson, Esq.
HARMAN GREEN PC
824 Exposition Ave., Suite 8
Dallas, TX 75226
E-mail: erichardson@theharmanfirm.com
wharman@theharmanfirm.com
AREA INC: Solis Sues Over Website's Access Barriers to the Blind
----------------------------------------------------------------
ROBERTO SOLIS, on behalf of himself and all others similarly
situated, Plaintiff v. AREA, INC., Defendant, Case No.
1:25-cv-00315 (E.D.N.Y., January 17, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York City Human Rights Law, and
declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.areahome.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Area, Inc. is a company that sells online goods and services, doing
business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: mrozenberg@steinsakslegal.com
ARISE VIRTUAL: De Niro Suit Seeks to Certify Nov. 20, 2024 Order
----------------------------------------------------------------
In the class action lawsuit captioned as DIAVION DE NIRO,
individually, and on behalf of similarly situated individuals, v.
ARISE VIRTUAL SOLUTIONS, INC., Case No. 2:24-cv-00695-APG-EJY (D.
Nev.), the Plaintiff asks the Court to enter an order certifying
its Nov. 20, 2024, Order on Arise's Motion to compel arbitration
for an interlocutory appeal, pursuant to 28 U.S.C. section 1292(b),
to the Ninth Circuit Court of Appeals.
The Court's order involves a crucially important question of law
within the rapidly evolving body of law related to the
enforceability of arbitration agreements containing class and
collective action waivers.
Further, adjudication of this issue will impact whether potentially
tens of thousands of affected individuals in this case, who have
worked as Arise CSPs, and whom Plaintiff contends are employees who
were misclassified as independent contractors, will have any
practical access to relief (even on an individual basis) for the
claims alleged here.
Accordingly, interlocutory review of the Court's order is
appropriate and will assist in clarifying an important issue of law
for which different courts have reached different
conclusions as to the proper procedural order in which to address
FLSA notice motions and motions to compel arbitration.
The Plaintiff filed a Collective Action Complaint on April 10,
2024, alleging that Arise had violated the FLSA by misclassifying
CSPs as independent contractors and thereby avoided paying them
minimum wage for all time worked, and failed to reimburse them for
various expenses needed to perform their work that should have been
borne by the employer.
Arise provides business process outsourcing and consulting
services.
A copy of the Plaintiff's motion dated Jan. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YZ1NYF at no extra
charge.[CC]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, PC
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
- and -
Kristina L. Hillman, Esq.
Sean W. Mcdonald, Esq.
WEINBERG, ROGER & ROSENFELD
3199 E. Warm Springs Rd, Ste 400
Las Vegas, NV 89120
Telephone: (702) 508-9282
Facsimile: (510) 337-1023
E-mail: nevadacourtnotices@unioncounsel.net
khillman@unioncounsel.net
smcdonald@unioncounsel.net
ATLAS OBSCURA: Leaks Website Users' Info to Facebook, Barajas Says
------------------------------------------------------------------
QUITO BARAJAS and TYLER LANGE, on behalf of themselves and all
others similarly situated, Plaintiffs v. ATLAS OBSCURA INC.,
Defendant, Case No. 1:25-cv-00302 (E.D.N.Y., January 17, 2025) is a
class action against the Defendant for violations of Video Privacy
Protection Act, common law invasion of privacy, the Federal Wiretap
Act, and the California's Invasion of Privacy Act.
According to the complaint, the Defendant has disclosed to third
parties, including Facebook, the personally identifiable
information and video information of its website users without
consent. The Defendant embedded within its website business tools,
including called Facebook Pixel, to collect users' data. That pixel
tracked the Plaintiffs' and the Class members' marketing data and
PII while on the website and reported this information to Facebook.
As a result, the Defendant violated the Plaintiffs' and the Class
members' statutorily protected privacy rights, says the suit.
Atlas Obscura Inc. is a travel and exploration company, doing
business in New York. [BN]
The Plaintiffs are represented by:
Mark S. Reich, Esq.
Gary S. Ishimoto, Esq.
Alyssa Tolentino, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
Email: mreich@zlk.com
gishimoto@zlk.com
atolentino@zlk.com
B3 STUDIOS: Website Not Blind-Friendly, Reyes Suit Says
-------------------------------------------------------
NATHALIE REYES, on behalf of herself and all others similarly
situated, Plaintiff v. B3 Studios, LLC, Defendant, Case No.
1:25-cv-00186 (S.D.N.Y., January 9, 2025) is a civil rights action
against B3 Studios for their failure to design, construct,
maintain, and operate their website, https://www.barre3.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
On December 26, 2024, the Plaintiff conducted a Google search to
find nearby fitness studios offering workouts for women and, as a
result, came across the Defendant's website. While attempting to
purchase products for her workout classes, she discovered a tote
bag that she considered suitable for fitness essentials. However,
she found that the buttons for changing the product quantity were
unlabeled and incorrectly announced as links by the screen reader.
Additionally, the quantity input field was also unlabeled, causing
further confusion. Despite these challenges, she attempted to add
the product to the cart but did not receive an announcement
confirming the successful addition. As a result, she was unable to
purchase the desired products for her workout classes, says the
suit.
The Plaintiff seeks a permanent injunction to cause a change in B3
Studios' policies, practices, and procedures so that its website
will become and remain accessible to blind and visually-impaired
consumers. This complaint also seeks compensatory damages to
compensate Class members for having been subjected to unlawful
discrimination.
B3 Studios operates the website that provides consumers with access
to an array of goods and services, including, the ability to view
Barre-based workout classes, offered in studios and online, along
with fitness merchandise.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
BH SOUTH DIXIE: Pardo Sues Over Discriminative Property
-------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. BH SOUTH DIXIE DEV LLC; and ROSS DRESS
FOR LESS INC. d/b/a ROSS DRESS FOR LESS #324, Case No.
1:25-cv-20272-XXXX (S.D. Fla., Jan. 17, 2025), is brought for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act ("ADA") as a result
of the Defendant's discrimination against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the commercial property and restaurant and bar
business within the commercial property.
Although over 30 years have passed since the effective date of
Title III of the ADA, Defendants have yet to make their facilities
accessible to individuals with disabilities. The Plaintiff found
the commercial property and commercial restaurant business located
within the commercial property to be rife with ADA violations. The
Plaintiff encountered architectural barriers at the commercial
property and commercial restaurant business located within the
commercial property and wishes to continue his patronage and use of
the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The barriers to access have likewise posed a risk of injury(ies),
embarrassment, and discomfort to Plaintiff and others similarly
situated.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
BH SOUTH DIXIE DEV LLC, owned and operated a commercial
property.[BN]
The Plaintiff is represented by:
Beverly Virues, Esq.
Armando Mejias, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, Fl 33134
Phone: (305) 553-3464
Primary Email: bvirues@lawgmp.com
Secondary Emails: amejias@lawgmp.com
jacosta@lawgmp.com
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Email: ramon@rjdiegolaw.com
BLUE APRON: Mitchell Must File Class Cert. Bid by March 6
---------------------------------------------------------
In the class action lawsuit captioned as CORTEZ MITCHELL, as an
individual and on behalf of all persons similarly situated, v. BLUE
APRON, LLC, a Delaware Limited Liability Company; and DOES 1-100
inclusive, Case No. 3:23-cv-05131-RFL (N.D. Cal.), the Hon. Judge
Rita Lin entered an order granting the Parties' joint stipulated
request for further modification of the scheduling order as
follows:
1. Plaintiff's motion for class certification shall be due on
Thursday, March 6, 2025.
2. Defendant's opposition to Plaintiff’s motion shall be due
on Thursday, March 27, 2025.
3. Plaintiff's reply in support of his motion for class
certification shall be due on Thursday, April 10, 2025.
4. The hearing shall be rescheduled for April 29, 2025 at
10:00 a.m.
Blue Apron operates as an e-commerce business that delivers fresh
ingredients and recipes to make meals for homes.
A copy of the Court's order dated Jan. 13, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8gUTLS at no extra
charge.[CC]
The Plaintiff is represented by:
Brandon Brouillette, Esq.
Zachary M. Crosner, Esq.
Jamie K. Serb, Esq.
Raymond Wendell, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Bld. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: bbrouillette@crosnerlegal.com
zach@crosnerlegal.com
jamie@crosnerlegal.com
rwendell@crosnerlegal.com (SBN 298333)
The Defendants are represented by:
Ellen M. Bronchetti, Esq.
Priya E. Singh, Esq.
GREENBERG TRAURIG, LLP
101 Second Street, Suite 2200
San Francisco, CA 94105
Telephone: (415) 655-1300
Facsimile: (415) 707-2010
E-mail: Ellen.Bronchetti@gtlaw.com
Priya.Singh@gtlaw.com
BOLIVARIAN REPUBLIC: Cavara Suit Referred to Magistrate Judge
-------------------------------------------------------------
In the class action lawsuit captioned as MARCO CAVARA, JOSEF JOHANN
SCHNEIDER, MARIA SCHNEIDER, JOERG ZAHN, SABINE ZAHN, individually
and on behalf of all others similarly situated, v. THE BOLIVARIAN
REPUBLIC OF VENEZUELA, Case No. 1:25-cv-00165-RA-VF (S.D.N.Y.), the
Hon. Judge Ronnie Abrams entered an order of reference to
Magistrate Figueredo for the following purpose:
General Pretrial (includes scheduling, discovery, non-dispositive
pretrial motions, and settlement)
Specific Non-Dispositive Motion/Dispute: Class certification (if
any)
Bolivarian Republic of Venezuela is a tropical country on the
northern coast of South America.
A copy of the Court's order dated Jan. 13, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TvYFSR at no extra
charge.[CC]
BRIGHTVIEW LLC: Faces M.O. Suit Over Illegal Wiretapping
--------------------------------------------------------
M.O., individually and on behalf of all others similarly situated
persons, Plaintiff v. BRIGHTVIEW LLC d/b/a BRIGHTVIEW HEALTH,
Defendant, Case No. 1:25-cv-00015-JPH (S.D. Ohio, Jan. 15, 2025)
alleges violation of the Electronic Communications Privacy Act,
Pennsylvania Wiretapping and Electronic Surveillance Control Act,
Pennsylvania Unfair Trade Practices and Consumer Protection Law,
and Ohio Consumer Sales Practices Act.
According to the Plaintiff in the complaint, the Defendant records
the fact that its website visitors, like the Plaintiff and Class
Members, are seeking treatment services for drug or alcohol
addiction, requesting an introductory call to seek assistance with
regard to drug or alcohol addiction, and scheduling or
re-scheduling appointments for drug or alcohol addiction treatment
(collectively, "Sensitive Information"), and transmits that
information to third parties, including Alphabet, Inc. ("Google"),
through its use of surreptitious online tracking tools.
The Defendant never obtained authorization from Plaintiff or Class
Members to share their Sensitive Information with third parties. At
all times relevant to this action, the Plaintiff and Class Members
gave no informed consent for information about their Sensitive
Information to be transmitted to the third parties, including the
largest advertiser and compiler of user information on earth, says
the suit.
Brightview, LLC provides health care services. The Company offers
local addiction treatment programs with counseling, medication,
group therapy, and social support services. [BN]
The Plaintiff is represented by:
Christopher Wiest, Esq.
CHRIS WIEST, ATTORNEY AT LAW, PLLC
50 E. Rivercenter Blvd., Ste. 1280
Covington, KY 41011
Email: chris@cwiestlaw.com
- and -
Tyler J. Bean, Esq.
Sonjay C. Singh, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Email: tbean@sirillp.com
ssingh@sirillp.com
BUDGET TRUCK: Green Files Labor Suit in Calif. Super.
-----------------------------------------------------
A class action has been filed against Budget Truck Rental LLC. The
case is captioned as KAREN GREEN, an individual, on behalf of
herself and all others similarly situated v. BUDGET TRUCK RENTAL
LLC, a Delaware Limited Liability Company, Case No. 24CV024666
(Calif. Super., Sacramento Cty., December 4, 2024).
The suit is brought over the Defendant's alleged employment law
violation.
The case is assigned to the Hon. Lauri A. Damrell.
Case management conferences are scheduled for August 8 and December
26, 2025.
Budget Truck Rental LLC provides truck rental services.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
217 S Kenwood St.,
Glendale, CA 91205-1634
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
BURTON CORP: Settlement in Morgan Suit Gets Initial Approval
------------------------------------------------------------
In the class action lawsuit captioned as DAVID MORGAN, individually
and on behalf of all others similarly situated, v. THE BURTON
CORPORATION d/b/a BURTON SNOW BOARDS, Case No. 2:23-cv-00366-gwc
(D. Vt.), the Hon. Judge Geoffrey Crawford entered preliminary
approval order:
Under the terms of the Settlement, Class Members can claim the
following benefits:
-- Reimbursement of up to $500 for Ordinary Losses, such as
costs of credit monitoring, for each Class Members;
-- Reimbursement of up to $5,000 for Extraordinary Losses, such
as fraud attributable to the data incident;
-- Reimbursement of Lost Time spent dealing with the data
incident at $21.25/hr up to 4 hours total;
-- An Alternative Cash Payment of $65, without the need to show
any proof of actual loss or harm;
-- Two years of three-bureau credit monitoring with at least $1
million in identity theft insurance.
The Court finds, for settlement purposes only, that it will likely
be able to certify the proposed Settlement Class, defined as:
"All persons whose personally identifiable information was
potentially accessed in the data security incident alleged in
the Complaint."
On July 19, 2023, the Plaintiff filed this class action in Vermont
Superior Court, and Defendant removed the case to the Court.
The complaint alleges that on March 27, 2023, the Plaintiff
received notice from the Defendant that it was the target of a
cyberattack, which may have resulted in the compromise of the
Plaintiff's personally identifiable information.
Burton provides recreational and apparel products.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cssACX at no extra
charge.[CC]
BYTEDANCE INC: Class Cert Hearing in Young Suit Extended to Feb. 6
------------------------------------------------------------------
In the class action lawsuit captioned as REECE YOUNG, individually
and on behalf of all others similarly situated, v. BYTEDANCE INC.
and TIKTOK INC., Case No. 3:22-cv-01883-VC (N.D. Cal.), the Hon.
Judge Vince Chhabria entered an order as follows:
1. The hearing on Plaintiff's motion for class certification
shall be continued to Feb. 6, 2025 at 10:00 AM; and
2. The deadline for the parties to re-file documents in
accordance with the Court's Jan. 13, 2025 sealing order
shall be continued by one week to Jan. 22, 2025 at 5:00 PM.
The Defendants' lead counsel, Lauren Blas, and her family
unexpectedly had to evacuate their home due to wildfires on the
evening of Jan. 7, 2025.
ByteDance is a technology company operating a range of content
platforms.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ooKXUy at no extra
charge.[CC]
The Plaintiff is represented by:
Steven N. Williams, Esq.
STEVEN WILLIAMS LAW, P.C.
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: (415) 697-1509
Facsimile: (415) 230-5310
E-mail: swilliams@stevenwilliamslaw.com
The Defendants are represented by:
Jesse A. Cripps, Esq.
Lauren M. Blas, Esq.
Leonora Cohen, Esq.
Viola H. Li, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
E-mail: JCripps@gibsondunn.com
LBlas@gibsondunn.com
LCohen@gibsondunn.com
VHLi@gibsondunn.com
CALCON MUTUAL: Fails to Pay Proper Wages, Kasapi Alleges
--------------------------------------------------------
RON KASAPI, individually and on behalf of all others similarly
situated, Plaintiff v. CALCON MUTUAL MORTGAGE, LLC d/b/a ONETRUST
HOME LOANS, Defendant, Case No. 2:25-cv-00135-JJT (D. Ariz., Jan.
16, 2025) seeks to recover from the Defendant unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiff Kasapi was employed by the Defendant as a loan production
assistant.
Calcon Mutual Mortgage LLC was founded in 2008. The company's line
of business includes originating mortgage loans, selling mortgage
loans to permanent investors, and servicing loans. [BN]
The Plaintiff is represented by:
James Weiler, Esq.
WEILER LAW PLLC
5050 N. 40th St., Suite 260
Phoenix, AZ 85018
Telephone: (480) 442-3410
Email: jweiler@weilerlaw.com
CANADA: Judge Certifies Class Action Over Alleged School Abuse
--------------------------------------------------------------
Madeline Smith of CBC Edmonton reports that a judge has certified a
class-action lawsuit over alleged abuse of Indigenous children sent
to a northeast Alberta Catholic school in the 1960s and 1970s.
Representative plaintiff Cynthia Iris Youngchief filed a lawsuit in
2019 against the federal and provincial governments, as well as
local religious and school authorities.
Her statement of claim outlines allegations of physical,
psychological and sexual abuse against Indigenous students at
École Notre Dame in Bonnyville, Alta., about 240 kilometres
northeast of Edmonton.
Children from Kehewin Cree Nation, located just south of
Bonnyville, were sent to the school as day students after the
federal government stopped operating the Indian day school in the
community in 1964, according to legal filings in the case.
In a decision this week, Court of King's Bench Justice James
Neilson certified the action against three proposed defendants: the
federal government, the Diocese of Saint-Paul and the Lakeland
Roman Catholic Separate School Division.
But Neilson dismissed the application to include the Alberta
government as a defendant, finding that the alleged breaches of
duty might apply to the school district, but not the province.
The decision confirms the survivor class as Indigenous people who
attended the school from 1966 to 1974.
Lawyer Leighton Grey, with class counsel Grey Wowk Spencer LLP,
called it a "good news, bad news situation" for the class action to
proceed with the provincial government excluded.
But he said it's time for the case to move forward. He estimates
there may be 350 to 500 eligible class members — most who lived
in Kehewin Cree Nation at the time, but possibly also others.
"The claim itself relates to a period going back to the late 1960s
and early 1970s, so a lot of these people are passing on. A number
of them died during COVID," Grey said.
"They want to get on with resolution of this. That's the big
directive I'm getting from my clients right now . . . and so I'm
hopeful that now that this decision has been made, we'll be able to
get on with that task."
The former students' claim describes generalized degradation aimed
at the school's Indigenous population, as well as "common
incidents" of physical abuse, including public whippings and having
their hair cut to shame and devalue their culture. The allegations
have not been proven in court.
The next step is filing a certification order and making a plan for
how the case will proceed. Grey said he is seeking a settlement
negotiation with the federal government.
"[The plaintiffs] have seen claims that were filed after ours that
the government of Canada has settled," he said.
"So I would say the mood of my clients is guarded optimism with a
sprinkling of impatience." [GN]
CARTER EXPRESS: Class Settlement in Bond Suit Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as RAYMOND BOND, On behalf of
himself and others similarly situated, V. CARTER EXPRESS, INC., et
al., Case No. 3:24-cv-00013-WHR-CHG (S.D. Ohio), the Hon. Judge
Walter Rice entered an order
-- preliminarily approving class action settlement,
-- provisionally certifying the settlement classes,
-- designating the Plaintiffs' requested class representative,
-- provisionally approving the service award for the class
representative,
-- appointing settlement class counsel,
-- provisionally approving class counsels' request for attorneys'
fees and costs,
-- approving forms and manner of notice, and
-- scheduling fairness hearing on July 15, 2025.
For settlement purposes, this action may be maintained as a class
action under Federal Rule of Civil Procedure 23 on behalf of the
Settlement Class under the Settlement Agreement, defined as all
shunt truck and/or yard truck drivers performing yard work at the
Defendant's Vandalia, Ohio and Huntsville, Alabama locations
between January 15, 2021, and July 15, 2024.
In light of the agreement between the Parties to settle the Action
pursuant to the Settlement Agreement, and the resulting elimination
of individual issues that may otherwise have precluded
certification of a litigation class, the prerequisites to class
certification under Rule 23(a) are satisfied.
Andrew R. Biller, Andrew P. Kimble, and Emily A. Hubbard of BILLER
& KIMBLE, LLC are designated and authorized to act as Counsel for
the Settlement Class.
A hearing shall be held on July 15, 2025.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=b4iwNj at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Emily A. Hubbard, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Road, Suite 515
Cincinnati, OH 45236
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
akimble@billerkimble.com
ehubbard@billerkimble.com
The Defendants are represented by:
Clifford W. Lauchlan, Esq.
Andrew J. Butcher, Esq.
A. Jack Finklea, Esq.
Janis E. Steck, Esq.
SCOPELITIS GARVIN LIGHT HANSON & FEARY, PC
5325 Deerfield Boulevard, Suite 103
Mason, OH 45040
E-mail: clauchlan@scopelitis.com
abutcher@scopelitis.com
jfinklea@scopelitis.com
jsteck@scopelitis.com
CITIGROUP INC: Class Settlement in Head Suit Gets Final Nod
-----------------------------------------------------------
In the class action lawsuit captioned as Christine Head, et al., v.
Citigroup Incorporated, et al., Case No. 3:18-cv-08189-ROS (D.
Ariz.), the Hon. Judge Roslyn Silver entered an order granting the
parties' Consent Motion for final approval of class action
settlement:
The Settlement Agreement fully executed July 30, 2024, including
its exhibits, and the definition of words and terms contained
therein are incorporated by reference in this Order. The terms of
this Court's Preliminary Approval Order are also incorporated by
reference in this Order.
The Court has subject matter jurisdiction over this matter pursuant
to 28 U.S.C. section 1331 and 47 U.S.C. section 227(b)(3) and has
personal jurisdiction over the Parties and the Settlement Class
Members, including all members of the following Settlement Class:
"All persons and entities throughout the United States (1) to
whom Citibank, N.A. placed a call in connection with a past-due
credit card account, (2) directed to a number assigned to a
cellular telephone service, but not assigned to a current or
former Citibank, N.A. customer or authorized user, (3) via its
Aspect dialer and with an artificial or prerecorded voice, (4)
from Aug. 15, 2014, through July 31, 2024."
The Court finds that the notice provisions set forth under the
Class Action Fairness Act, were complied with in this Action.
The Court finds and concludes that the Settlement Class meets the
requirements of numerosity, commonality, typicality, and adequacy
as set forth in Rule 23(a) of the Federal Rules of Civil Procedure
for settlement purposes only.
The Court reaffirms its appointment of Plaintiffs Christine Head
and Robert Newton as Class Representatives to represent the
Settlement Class and reaffirms its appointment of Class
Counsel—Meyer Wilson Co., LPA and Greenwald Davidson Radbil
PLLC—to represent the Settlement Class.
The Plaintiffs' unopposed motion for attorney fees, litigation
costs, and service awards is granted.
The Court awards Class Counsel attorneys' fees equal to one-third
of the Settlement Fund ($9,833,333.33) and expenses in the amount
of $59,463.13, awards Plaintiff Christine Head $15,000 as a service
award, and awards Plaintiff Robert Newton $10,000 as a service
award, with such attorneys' fees, expenses, and service awards to
be paid from the Settlement Fund pursuant to the terms of the
Settlement.
Citigroup is an American multinational investment bank and
financial services company.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=guU52k at no extra
charge.[CC]
CLAM BAR: Fails to Pay Proper Wages, Jackson et al. Suit Claims
---------------------------------------------------------------
SASHA JACKSON, NICHOLAS JOHNSON, JULIETTE LOGIE, JENNIFER LOPEZ,
ORCASH WEDDERBURN and ROSALDA SANCHEZ on behalf of themselves and
all others similarly situated, Plaintiffs v. THE CLAM BAR HAMPTONS
LLC D/B/A CLAM BAR AT NAPEAGUE, JOHN PICCINNINI, and KELLY
PICCINNINI, Defendants, Case No. 2:25-cv-00132 (E.D.N.Y., January
8, 2025) accuses the Defendants of violating the Fair Labor
Standards Act and the New York Labor Law.
The Plaintiffs worked for Defendants, a seafood restaurant and its
management/owners located in Suffolk County, as front of the house
and back of the house employees. The Plaintiffs work, and/or have
worked for Defendants in excess of 40 hours per week, as
non-managerial employees. However, the Defendants failed to pay
Plaintiffs overtime. In addition, the Defendants also failed to
furnish Plaintiffs with accurate wage statements on each payday as
the NYLL requires, says the suit.
The Clam Bar Hamptons operates as a seafood restaurant in Suffolk
County, New York. [BN]
The Plaintiffs are represented by:
Amit Kumar, Esq.
LAW OFFICES OF WILLIAM CAFARO
108 West 39th Street, Suite 602
New York, NY 10018
Telephone: (212)583-7400
E-mail: AKumar@CafaroEsq.com
COMMUNITY HEALTH: Fazenbaker Malpractice Suit Removed to D.N.J.
---------------------------------------------------------------
The case styled AMY FAZENBAKER, legal guardian of D.F., a minor,
and AL-TAMIA WEBB, legal guardian of JANE DOE, a minor, et al.,
individually, and on behalf of all others similarly situated,
Plaintiffs v. COMMUNITY HEALTH CARE, INC., Case No. CUM-L-00036-24,
was removed from the Superior Court of New Jersey to the U.S.
District Court for the District of New Jersey on December 16,
2024.
The District Court Clerk assigned Case No. 1:24-cv-11170-ESK-SAK to
the proceeding.
The suit arises from the Defendant's alleged medical malpractice.
The case is assigned to Judge Edward S. Kiel.
Community Health Care, Inc. provides health care services.[BN]
The Plaintiffs are represented by:
Gary S. Graifman, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, PC
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Telephone: (201) 391-7000
Facsimile: (201) 307-1086
E-mail: ggraifman@kgglaw.com
The Defendant is represented by:
Laura D. Ruccolo, Esq.
William G. Wright, Esq.
CAPEHART & SCATCHARD, PA
8000 Midlantic Drive, Suite 300
Mt. Laurel, NJ 08054
Telephone: (856) 234-6800
E-mail: lruccolo@capehart.com
wwright@capehart.com
COMPUTER MERCHANT: Flores and Garner Sue Over Private Data Breach
-----------------------------------------------------------------
ERIKA FLORES, an individual; SARAH GARNER, an individual, on behalf
of themselves and all others similarly situated, Plaintiffs v. THE
COMPUTER MERCHANT, Defendant, Case No. 3:25-cv-00038-AJB-DEB (S.D.
Cal., January 8, 2025) arises from Defendant's failure to properly
secure and safeguard the personal information of Plaintiffs and
other similarly situated individuals who worked for Defendant.
The Plaintiffs allege that the Defendant failed to take standard
and reasonably available steps to prevent the data breach. In
addition, Defendant also failed to monitor and timely detect the
data breach. Accordingly, the Plaintiffs now seek redress for
Defendant's unlawful conduct, asserting claims for negligence,
invasion of privacy, breach of implied contract, breach of
fiduciary duty, breach of confidence, and for violations of the
California Unfair Competition Law, the California Customer Records
Act, and the California Consumer Privacy Act.
The Computer Merchant is an IT staffing company that serves Fortune
500 to 1000 companies and public sector agencies across the US.
[BN]
The Plaintiffs are represented by:
Joshua B. Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino Del Rio S., Suite 308
San Diego, CA 92108
Telephone: (866) 219-3343
Facsimile: (866) 219-8344
E-mail: josh@swigartlawgroup.com
- and -
Ben Travis, Esq.
BEN TRAVIS LAW., APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Telephone: (619) 353-7966
E-mail: ben@bentravislaw.com
COMSTOCK HOSPITALITY: Property Inaccessible to Disabled, Suit Says
------------------------------------------------------------------
LELAND FOSTER, Plaintiff v. COMSTOCK HOSPITALITY GROUP, LLC, A
Michigan limited liability company, Defendant, Case No.
1:25-cv-00037 (W.D. Mich., January 8, 2025) is a class action
accusing the Defendant of violating the Americans with Disabilities
Act.
The Defendant's facilities as a hotel and place of public
accommodation fails to comply with the ADA and its regulations.
Plaintiff Foster alleges that the Defendant has discriminated
against him by denying him access to the full and equal enjoyment
of the goods, services, facilities, privileges, advantages and/or
accommodations of the buildings. Additionally, the Plaintiff also
asserts claims for violations of the Michigan Persons with
Disabilities Civil Rights Act.
Comstock Hospitality Group, LLC operates and owns the Comfort
Suites Grand Rapids North located at 350 Dodge NE, Comstock Park,
MI 49321 in Kent County. [BN]
The Plaintiff is represented by:
Owen B. Dunn, Jr., Esq.
LAW OFFICES OF OWEN DUNN, JR.
The Offices of Unit C
6800 W. Central Ave., Suite C-1
Toledo, OH 43617
Telephone: (419) 241-9661
(734) 240-0848
Facsimile: (419) 241-9737
E-mail: obdjr@owendunnlaw.com
CROCS INC: Faces Securities Fraud Class Action in D. Del.
---------------------------------------------------------
The law firm of Kessler Topaz Meltzer & Check, LLP informs
investors that the firm has filed a securities fraud class action
lawsuit against Crocs, Inc. (NASDAQ: CROX) ("Crocs" or the
"Company") on behalf of investors who purchased or otherwise
acquired Crocs common stock between November 3, 2022, and October,
28 2024, inclusive (the "Class Period"). This action, captioned
Carretta v. Crocs, Inc., et al., Case No. 1:25-cv-00096, was filed
in the United States District Court for the District of Delaware.
Important Deadline Reminder: Investors who purchased or otherwise
acquired Crocs common stock during the Class Period may, no later
than March 24, 2025, move the Court to serve as lead plaintiff for
the class.
If you suffered Crocs losses, you may CLICK HERE or copy and paste
the following link in your browser:
https://www.ktmc.com/new-cases/crocs-inc?utm_source=PR&utm_medium=link&utm_campaign=crx&mktm=r
You can also contact attorney Jonathan Naji, Esq. of Kessler Topaz
by calling (484) 270-1453 or by email at info@ktmc.com.
DEFENDANTS' MISCONDUCT
Before the beginning of the Class Period, in February 2022, Crocs
completed its acquisition of HEYDUDE, a footwear brand focusing on
casual, comfortable, and lightweight footwear. The Company reports
HEYDUDE sales in two segments: direct-to-consumer ("DTC") sales;
and wholesale sales (which include sales to major retailers).
Despite the fact that HEYDUDE was only acquired by Crocs in
mid-February 2022, HEYDUDE accounted for approximately 25% of the
Company's total revenues in 2022.
During the Class Period, Defendants misled investors by concealing
the fact that the strong revenue growth exhibited by HEYDUDE
following its acquisition in February 2022, was largely driven by a
conscious decision on the part of Crocs management to aggressively
stock its third-party wholesaler pipeline with HEYDUDE products,
regardless of the level of retail demand being experienced by those
wholesalers. Defendants pursued this overstocking strategy despite
assurances to investors by Defendant Andrew Rees ("Rees"), the
Company's Chief Executive Officer, that Crocs would not "play the
game of forcing inventory into [wholesalers] and getting them
overstocked." As a result, unbeknownst to investors, the Company
reported HEYDUDE revenue numbers in 2022 that were not indicative
of actual retail demand for HEYDUDE shoes and, over the longer
term, were entirely unsustainable. Moreover, after the Company's
retail partners began to destock this excess inventory, Defendants
further misled investors by concealing that waning product demand
for HEYDUDE shoes would further impact the Company's financial
results.
Investors began to learn the truth about the nature and
unsustainability of HEYDUDE's revenue growth on April 27, 2023,
when Defendant Rees revealed during the Company's first quarter
2023 earnings call that much of HEYDUDE's revenue growth in 2022
was attributable to efforts to stock the Company's wholesale
partners with HEYDUDE products and was not necessarily indicative
of actual downstream retail sales. On this news, the price of Crocs
common stock declined $23.46 per share, or nearly 16%, from a close
of $147.78 per share on April 26, 2023, to close at $124.32 per
share on April 27, 2023.
Thereafter, on June 7, 2023, and July 27, 2023, Defendants made
additional disclosures which revealed that Crocs had intentionally
made significant sales to the Company's major retail and wholesale
partners, rather than gradually increasing third-party HEYDUDE
inventory over several years to reflect actual retail demand for
the product. These disclosures caused the price of Crocs common
stock to decline. In addition, on August 16, 2023, the price of
Crocs common stock declined nearly 4% when Williams Trading LLC
significantly decreased its price target on Crocs from $145 per
share, to $113 per share, due to information its primary Crocs
analyst had uncovered as a result of his discussions with several
HEYDUDE wholesale accounts regarding wholesaler inventory levels
and the pricing for HEYDUDE products. Among other things, Williams
Trading LLC highlighted elevated HEYDUDE inventory levels at
approved retailers and the "overabundance" of HEYDUDE products on
Amazon.com at below suggested retail price.
Then, on November 2, 2023, Crocs announced its financial results
for the third quarter of 2023, and revealed that HEYDUDE's
"[w]holesale revenues declined 19.4% to $146.5 million following
prior year pipeline fill and as our wholesale partners were more
cautious on at-once orders." As a result of the prior overstocking
of HEYDUDE's products, Crocs further slashed its 2023 HEYDUDE
revenue growth guidance from between 14% and 18%, to between only
4% and 6% (even though HEYDUDE DTC sales continued to grow 14.6%
during the quarter). In connection with this announcement,
Defendant Rees admitted that HEYDUDE "inventory was too high" and
that the Company "is proactively lowering in-channel inventories"
and "working with our strategic accounts to clean up that inventory
and putting them in a strong sell-through and a more profitable
position." On this news, the price of Crocs common stock declined
$4.62 per share, or more than 5%, from a close of $87.41 per share
on November 1, 2023, to close at $82.79 per share on November 2,
2023.
Throughout the remainder of the Class Period, Defendants continued
to downplay the impact of the Company's overstocking of third-party
wholesalers and retailers following the February 2022 acquisition
of HEYDUDE. After the Company's retail partners began to destock
this excess inventory, Defendants further misled investors by
concealing that waning product demand would significantly
exacerbate the negative impact on the Company's financial results.
Finally, on October 29, 2024, investors learned more about
HEYDUDE's prospects when the Company reported its financial results
for the third quarter of 2024. During the accompanying earnings
call held that same day, Defendant Rees disclosed that HEYDUDE
revenues fell below the Company's expectations and revealed that
"HEYDUDE's recent performance and the current operating environment
are signaling it will take longer than we had initially planned for
the business to turn the corner." Rees attributed HEYDUDE's
struggles to "excess inventories in the market" and admitted that
"we've made good progress, but frankly, not quite all the progress
we want to make" in resolving the inventory issue. Moreover, Rees
admitted that "if you think about this sort of [20]22 into [20]23
timeframe, in retrospect, we absolutely shipped too much
product[]," calling that decision "wrong" and highlighting that a
lack of product demand exacerbated the issue. On this news, the
price of Crocs common stock declined $26.47 per share, or
approximately 19.2%, from a close of $138.05 per share on October
28, 2024, to close at $111.58 per share on October 29, 2024.
WHAT CAN I DO?
Crocs investors may, no later than March 24, 2025, move the Court
to serve as lead plaintiff for the class, through Kessler Topaz
Meltzer & Check, LLP or other counsel, or may choose to do nothing
and remain an absent class member. Kessler Topaz Meltzer & Check,
LLP encourages Crocs investors who have suffered significant losses
to contact the firm directly to acquire more information.
Click link to sign up for the case or GO TO:
https://www.ktmc.com/new-cases/crocs-inc?utm_source=PR&utm_medium=link&utm_campaign=crx&mktm=r
WHO CAN BE A LEAD PLAINTIFF?
A lead plaintiff is a representative party who acts on behalf of
all class members in directing the litigation. The lead plaintiff
is usually the investor or small group of investors who have the
largest financial interest and who are also adequate and typical of
the proposed class of investors. The lead plaintiff selects counsel
to represent the lead plaintiff and the class and these attorneys,
if approved by the court, are lead or class counsel. Your ability
to share in any recovery is not affected by the decision of whether
or not to serve as a lead plaintiff.
ABOUT KESSLER TOPAZ MELTZER & CHECK, LLP
Kessler Topaz Meltzer & Check, LLP prosecutes class actions in
state and federal courts throughout the country and around the
world. The firm has developed a global reputation for excellence
and has recovered billions of dollars for victims of fraud and
other corporate misconduct. All of our work is driven by a common
goal: to protect investors, consumers, employees and others from
fraud, abuse, misconduct and negligence by businesses and
fiduciaries.
For more information about Kessler Topaz Meltzer & Check, LLP
please visit www.ktmc.com.
CONTACT:
Jonathan Naji, Esq.
Kessler Topaz Meltzer & Check, LLP
280 King of Prussia Road
Radnor, PA 19087
(844) 887-9500 (toll free)
info@ktmc.com [GN]
CROSSCOUNTRY MORTGAGE: Johnstone Class Suit Dismissed
-----------------------------------------------------
In the class action lawsuit captioned as LINDA JOHNSTONE and L.D.,
by and through her mother, LINDA JOHNSTONE, individually and on
behalf of all persons and entities similarly situated, v.
CROSSCOUNTRY MORTGAGE, LLC, Case No. 1:22-cv-01111-BMB (N.D. Ohio),
the Hon. Judge Bridget Meehan Brennan entered an order denying as
moot the Plaintiffs' motion for class certification and the
Defendant's motion to strike or exclude the Plaintiffs'
supplemental expert declaration.
The case is dismissed, the Court says.
CrossCountry is a nonbank lender based in Cleveland.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=luEyVa at no extra
charge.[CC]
CUSTOMIZED DISTRIBUTION: Lipman-Texas Files Suit in N.D. Ga.
------------------------------------------------------------
A class action has been filed against Customized Distribution, LLC,
et al. The case is captioned as Lipman-Texas, LLC trading as Lipman
Family Farms, and Freshpoint Atlanta, Inc., a Georgia corporation,
Plaintiffs v. Customized Distribution, LLC, et al., Case No.
1:24-cv-05760-SCJ (N.D. Ga., December 16, 2024).
The case arises from the Defendants' alleged violation of the
Agricultural Commodities Act.
The suit is assigned to Judge Steve C. Jones.
Customized Distribution, LLC provides transportation services and
operates as a foodservice distributor that supplies to the
restaurant industries.[BN]
The Plaintiffs are represented by:
G. Frank Nason, IV, Esq.
LAMBERTH CIFELLI ELLIS & NASON PA
6000 Lake Forrest Drive, NW, Ste 290
Atlanta, GA 30328
Telephone: (404) 262-7373
E-mail: FNason@lcenlaw.com
- and -
Mary Jean Fassett, Esq.
MCCARRON & DIESS
4900 Massachusetts Avenue, NW, Suite 310
Washington, DC 20016
Telephone: (202) 364-0400
E-mail: mjf@mccarronlaw.com
The Defendants are represented by:
Cameron N. Regnery, Esq.
Scott Eric Anderson, Esq.
FREEMAN MATHIS & GARY, LLP
100 Galleria Parkway, Suite 1600
Atlanta, GA 30339
Telephone: (470) 228-3500
E-mail: cameron.regnery@fmglaw.com
scott.anderson@fmglaw.com
CVS PHARMACY: Parties Seek OK of Proposed Revised Briefing Schedule
-------------------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE ONE, RICHARD ROE,
in his capacity as executor for JOHN DOE TWO, JOHN DOE SIX, and
JOHN DOE SEVEN, on behalf of themselves and all others similarly
situated and for the benefit of the general public, v. CVS
PHARMACY, INC.; CAREMARK, L.L.C.; CAREMARK CALIFORNIA SPECIALTY
PHARMACY, L.L.C.; GARFIELD BEACH CVS, L.L.C.; CAREMARKPCS HEALTH,
L.L.C.; and DOES 1–10, inclusive, Case No. 3:18-cv-01031-EMC
(N.D. Cal.), the Parties ask the Court to enter an order granting
the proposed revised briefing schedule, in light of the wildfires
currently affecting Plaintiffs' expert:
a. Opposition to Class Certification: Feb. 28, 2025
b. Reply in Support of Motion for Class Certification: March
28, 2025
c. Hearing on Motion for Class Certification: May 22, 2025 at
1:30 p.m.
On January 14, 2025, the Plaintiffs requested that the deposition
of their expert, Michelle J. Sherman, who resides in the Los
Angeles metropolitan area, be postponed from the previously
agreed-upon January 22 date, to a later date, due to the ongoing
wildfires.
The wildfires currently are presenting personal and professional
challenges for Ms. Sherman, which requires the deposition be
rescheduled. The first available date for both sets of counsel and
the expert is February 19, which in turn requires resetting the
class certification briefing schedule again.
CVS distributes pharmaceutical products.
A copy of the Parties' motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Awa1if at no extra
charge.[CC]
The Plaintiffs are represented by:
Alan M. Mansfield, Esq.
Joe R. Whatley, Jr., Esq.
Edith M. Kallas, Esq.
Henry C. Quillen, Esq.
C. Nicholas Dorman, Esq.
WHATLEY KALLAS, LLP
16970 W. Bernardo Dr., Suite 400
San Diego, CA 92127
Telephone: (858) 674-6641
Facsimile: (855) 274-1888
E-mail: amansfield@whatleykallas.com
jwhatley@whatleykallas.com
ekallas@whatleykallas.com
hquillen@whatleykallas.com
ndorman@whatleykallas.com
- and -
Benjamin Powell, Esq.
Ryan Mellino, Esq.
CONSUMER WATCHDOG
6330 San Vicente Blvd., Suite 250
Los Angeles, CA 90048
Telephone: (310) 392-0522 E-mail:
ben@consumerwatchdog.org
ryan@consumerwatchdog.org
The Defendants are represented by:
Enu Mainigi, Esq.
Craig D. Singer, Esq.
Grant A. Geyerman, Esq.
Benjamin W. Graham, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Ave., S.W.
Washington, DC 20024
Telephone: (202) 434-5000
Facsimile: (202) 434-5029
- and -
John J. Atallah, Esq.
FOLEY & LARDNER LLP
555 South Flower Street, Ste. 3500
Los Angeles, CA 90071
Telephone: (213) 972-4500
Facsimile: (213) 486-0065
CYCLO THERAPEUTICS: M&A Investigates Merger With Rafael Holdings
----------------------------------------------------------------
Monteverde & Associates PC, headquartered at the Empire State
Building in New York City, is investigating:
-- Cyclo Therapeutics, Inc. (Nasdaq: CYTH), relating to its
proposed merger with Rafael Holdings, Inc. Under the terms of the
agreement, Cyclo common stock will automatically be converted into
the right to receive shares of Rafael common stock.
Click link for more information
https://monteverdelaw.com/case/cyclo-therapeutics-inc/. It is free
and there is no cost or obligation to you.
-- AlloVir, Inc. (NASDAQ: ALVR), relating to its proposed merger
with Kalaris Therapeutics. Under the terms of the agreement,
AlloVir will acquire 100% of the outstanding equity interest of
Kalaris. Upon completion of the Merger, pre-Merger AlloVir
stockholders are expected to own approximately 25.05% of the
combined company and pre-Merger Kalaris stockholders are expected
to own approximately 74.95% of the combined company.
Click link for more information
https://monteverdelaw.com/case/allovir-inc-alvr/. It is free and
there is no cost or obligation to you.
-- William Penn Bancorporation (Nasdaq: WMPN), relating to its
proposed merger with Mid Penn Bancorp, Inc. Under the terms of the
agreement, shareholders of William Penn will receive 0.4260 shares
of Mid Penn common stock for each share of William Penn common
stock. Additionally, all options of William Penn will be rolled
into Mid Penn equivalent options. The implied transaction value is
approximately $13.58 per William Penn share.
Click link for more information
https://monteverdelaw.com/case/william-penn-bancorporation-wmpn/.
It is free and there is no cost or obligation to you.
-- Omnicom Group Inc. (NYSE: OMC), relating to the proposed
merger with The Interpublic Group of Companies, Inc. Under the
terms of the agreement, Omnicom shareholders will own 60.6% of the
combined company.
Click link for more
https://monteverdelaw.com/case/omnicom-group-inc-omc/. It is free
and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders…and
we do it from our offices in the Empire State Building. We are a
national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in any of the above listed companies and have concerns or
wish to obtain additional information free of charge, please visit
our website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341 [GN]
DANIELLE OUTLAW: Parties Must Engage in Class Discovery Planning
----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER FLACCO, WINTON
SINGLETARY, v. DANIELLE OUTLAW, CHARLES RAMSEY, RICHARD ROSS, JR.,
KEVIN BETHEL, MICHAEL ZACCAGNI, PEDRO RODRIGUEZ, ALBERT D'ATTILIO,
Case No. 2:24-cv-04374-MAK (E.D. Pa.), the Hon. Judge Kearney
entered an order as follows:
1. Counsel and all parties are governed by this Court's
Policies and Procedures and Protocols for Remote Video
Proceedings in effect at the time of the anticipated action
found at www.paed.uscourts.gov;
2. The parties shall engage in early, ongoing and meaningful
discovery planning proportional to the needs of your case
including by preparing the information necessary for the
Rule 26(f) Report for our review at the Initial Pretrial
Conference including the fulsome stipulation of undisputed
facts for purposes of discovery, disclosing an insurer's
name and coverage terms, proposed class certification filing
deadlines, and addressing the need for a F.R.E. 502 Order.
3. The parties shall exchange the required initial disclosures
under Fed. R. Civ. P. 26(a) and shall produce copies of the
identified documents, on or before Feb. 3, 2025.
4. The discovery period begins with this Order and the parties
shall exchange written discovery requests to each other and
third parties immediately including focusing this initial
discovery on information relevant to the most important
issues available from the most easily accessible sources.
A copy of the Court's order dated Jan. 13, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0xJvQu at no extra
charge.[CC]
DENCO CONSTRUCTION: Class Cert. Bid Referred to Magistrate Judge
----------------------------------------------------------------
In the class action lawsuit captioned as Perez, et al., v. Denco
Construction LLC, et al., Case No. 1:24-cv-02766 (D. Colo., Filed
Oct. 7, 2024), the Hon. Judge Regina M. Rodriguez entered an order
referring motions for class certification to Mag. Judge N. Reid
Neureiter.
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving action for overtime wage violation.
Denco is a full service general contracting firm specializing in
the underground sector.[CC]
ENZO BIOCHEM: Settles 2023 Cyberattack Class Action for $7.5-Mil.
-----------------------------------------------------------------
Kelsey McCroskey of ClassAction.org reports that Enzo Biochem, Inc.
and Enzo Clinical Labs, Inc. have agreed to pay a $7.5 million
settlement that, if approved by the court, will resolve a
consolidated class action lawsuit over an April 2023 cyberattack.
If approved, the proposed Enzo Biochem data breach settlement will
cover a class of approximately 2,069,627 United States residents
whose personal information was potentially compromised in the
incident and who received notice from Enzo Biochem informing them
that their data may have been exposed.
According to the lawsuit against Enzo Biochem, negligent data
security on the part of the biotechnology company was to blame for
the cyberattack, during which a threat actor gained unauthorized
access to Enzo's network and exfiltrated sensitive patient
information including names, medical records and Social Security
numbers.
The plaintiffs filed an unopposed motion and memo outlining the
terms of the $7,500,000 deal with Enzo Biochem on January 14, 2025.
It is now up to the court to decide whether to grant preliminary
approval to the settlement agreement.
If the deal is initially approved, only class members who submit a
timely, valid claim form by mail or online through the settlement
website will be eligible to receive benefits, the agreement says.
Per the settlement agreement, class members who file a valid claim
form may be entitled to receive up to $10,000 per person for
out-of-pocket expenses that are reasonably related to the data
breach and supported by documentation.
Consumers may also submit a claim for a pro-rated cash payout, the
document shares. Individual payment amounts will depend on the
total number of valid claims that are filed, the agreement adds.
In addition to reimbursement for out-of-pocket losses or a cash
payout, all class members are entitled to receive two years of
credit monitoring and insurance services, the document states.
As part of the deal, Enzo Biochem has also agreed to significantly
enhance its cybersecurity to prevent future incidents and better
protect consumers' personal information, the agreement relays.
Per the document, notice of the Enzo Biochem class action
settlement will be issued to eligible class members within 45 days
following preliminary approval of the deal. Consumers will then
have 90 days from the date of mailing to submit a claim for Enzo
settlement benefits, the agreement says.
In August 2024, Enzo Biochem paid $4.5 million to New York, New
Jersey and Connecticut over the April 2023 data breach. [GN]
FAURECIA AUTOMOTIVE: Scheduling Order in Navarro Suit Entered
-------------------------------------------------------------
In the class action lawsuit captioned as Roman Navarro, v. Faurecia
Automotive Seating, LLC, Case No. 3:24-cv-01330-TLT (N.D. Cal.),
the Hon. Judge Trina Thompson entered a case management and
scheduling order as follows:
1. Trial Date: July 20, 2026
2. Final Pretrial Conference: May 21, 2026
3. Dispositive Motions:
Last Day To File Dispositive Motions: Jan. 15, 2026
Last Day To Be Heard: Feb. 26, 2026,
2:00 P.M.
4. Fact Discovery Cut-Off: Jan. 9, 2026
5. Expert Reports:
Opening Reports By: Jan. 16, 2026
Rebuttal Reports By: Jan. 23, 2026
6. Expert Discovery Cut-Off: Feb. 9, 2026
Faurecia produces automotive products.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WeAPdq at no extra
charge.[CC]
FEDERAL BUREAU: Plaintiffs Seek Provisional Certification of Class
------------------------------------------------------------------
In the class action lawsuit captioned as Vanessa Crowe and Glen
Galemmo, individually and on behalf of all others similarly
situated, v. FEDERAL BUREAU OF PRISONS, et al., Case No.
1:24-cv-03582-APM (D.D.C.), the Plaintiffs ask the Court to enter
an order provisionally certifying the Plaintiff class and granting
the requested preliminary injunction as to Plaintiffs Crowe and
Galemmo and the class.
Pursuant to Federal Rules of Civil Procedure 23 and 65, the
Plaintiffs Vanessa Crowe and Glen Galemmo move for a preliminary
injunction on behalf of themselves and a class of similarly
situated federal prisoners who have not been or will not be moved
to prerelease custody within the time required by the First Step
Act.
The case is about people being held in prison unlawfully due to the
Bureau of Prisons’ (BOP) failure to transfer eligible people out
of prison within the time required by the First Step Act. In the
First Step Act, Congress created a system under which certain
people in federal prison can earn time credits to reduce their time
in prison.
This Court should provisionally certify the class as defined in
Plaintiffs' motion for class certification, ECF No. 2, for purposes
of preliminary injunctive relief:
"All incarcerated people who have earned or will earn time
credits under the First Step Act, who meet or will meet the
prerequisites for prerelease custody in 18 U.S.C. section
3624(g)(1), and who have not been or will not be moved out of
prison on or before the date when their time credits equal
their remaining sentences."
Federal Bureau of Prisons manages federal prisons, and
community-based facilities that provide work and opportunities to
assist offenders.
A copy of the Plaintiffs' motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XrxSbq at no extra
charge.[CC]
The Plaintiff is represented by:
Elizabeth Henthorne, Esq.
Brantley A. Butcher, Esq.
JENNER & BLOCK LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001
Telephone: (202) 637-6367
E-mail: bhenthorne@jenner.com
bbutcher@jenner.com
- and -
Emma A. Andersson, Esq.
Julian Clark, Esq.
Aditi Shah, Esq.
Arthur B. Spitzer, Esq.
Scott Michelman, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad St. – 18th Floor
New York, NY 10004
Telephone: (212) 549-2500
E-mail: eandersson@aclu.org
jclark@aclu.org
ashah@acludc.org
aspitzer@acludc.org
smichelman@acludc.org
FEDERAL EXPRESS: Class Cert Bid Filing in Gillyard Due August 1
---------------------------------------------------------------
In the class action lawsuit captioned as STEFFON GILLYARD, v.
FEDERAL EXPRESS CORPORATION, Case No. 2:24-cv-01666-JHC (W.D.
Wash.), the Hon. Judge John Chun entered a scheduling order
regarding class certification motion as follows:
Deadline to complete discovery on class July 1, 2025
certification (not to be construed as a
bifurcation of discovery):
Deadline for Plaintiff to file motion for Aug. 1, 2025
class certification:
Deadline for Defendant's response: Oct. 2, 2025
Deadline for Plaintiff's reply: Nov. 7, 2025
The Court will set further case schedule deadlines pursuant to
Federal Rule of Civil Procedure 16(b) after ruling on the motion
for class certification. Counsel for Plaintiff shall inform the
Court immediately should Plaintiff at any time decide not to seek
class certification.
The dates set in this scheduling order are firm dates that can be
changed only by order of the Court, not by agreement of the
parties. The Court will alter these dates only upon good cause
shown.
The failure to complete discovery within the time allowed will not
ordinarily constitute good cause. As required by LCR 37(a), all
discovery matters are to be resolved by agreement if possible.
Federal Express provides transportation, e-commerce, and logistics
services.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j3arvR at no extra
charge.[CC]
FISHEL COMPANY: Settlement in Clippard Gets Prelim Approval
-----------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER CLIPPARD, v.
THE FISHEL COMPANY, Case No. 8:23-cv-02798-SDM-NHA (M.D. Fla.), the
Hon. Judge Steven Merryday entered an order granting the motion
for:
-- certification of a settlement-only class,
-- preliminary approval of the settlement, and
-- leave to notify the class about the settlement.
No later than April 18, 2025, a class member may object to the
settlement or request exclusion from the class.
No later than Jul. 18, 2025, in a memorandum no longer than
twenty-five pages the parties may move for final approval of the
settlement, including an attorney's fee for the class counsel,
costs, and reasonable expenses.
The parties propose a class comprising:
"All former employees of Defendant throughout the United States
not given a minimum of 60 days' written notice of termination,
and whose employment was terminated on or about May 10, 2023,
or within ninety days of that date, as a result of a "mass
layoff" or "plant closing" as defined by the Workers Adjustment
and Retraining Notification Act of 1988.
Christopher Clippard sues the Fishel Company and alleges a
violation of the Worker Adjustment and Retraining Notification Act,
by terminating without advance notice approximately sixty-seven
employees.
Under the settlement, Fishel will establish a $150,000 "settlement
fund." After accounting for an attorney's fee and reasonable
expenses, each class member will receive about $1,417.55.
Fishel provides utility construction and network installation
services.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=l0vQdM at no extra
charge.[CC]
FLAGSHIP RESTAURANT: Bid to Dismiss Hallman Class Suit Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as BRITTNEY HALLMAN, on
behalf of herself and all other similarly situated; v. FLAGSHIP
RESTAURANT GROUP, LLC, Case No. 8:24-cv-00222-JFB-JMD (D. Neb.),
the Hon. Judge Joseph Bataillon entered an order denying Flagship's
First and Second motions to dismiss:
Within seven days of the order, Hallman shall either file a Second
Amended Complaint or advise the Court it will stand on its current
complaint. The limited purpose of the Second Amended Complaint is
to conform the operative pleading to the Court's order and clarify
whether Count III (unjust enrichment) is pled in the alternative
including a claim for breach of contract. No other amendments are
permitted without leave of the Court. Once Hallman files her Second
Amended Complaint, Flagship shall file an answer in accordance with
Fed. R. Civ. P. 12(a)(1).
Hallman's complaint, while not overly detailed, states sufficient
facts to plausibly obtain relief under federal and state law.
Flagship's arguments to the contrary go beyond the Court's
authority or are procedurally premature.
The case is a wage and hour action brought by Brittany Hallman, a
former Flagship employee, as a collective action under the federal
Fair Labor Standards Act ("FLSA"), and a class action under the
Missouri Minimum Wage Law ("MMWL") and Nebraska common law.
Flagship is a Nebraska company that owns and operates restaurants
across the country, including Blue Sushi Sake Grill chain.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MusQb5 at no extra
charge.[CC]
FLUX POWER: Kassam Securities Suit Moved From D. Nev. to S.D. Cal.
------------------------------------------------------------------
The case styled ASFA KASSAM, individually and on behalf of all
others similarly situated v. FLUX POWER HOLDINGS, INC., RONALD F.
DUTT, and CHARLES A. SCHEIWE, Case No. 2:24-cv-02051-CDS-BNW, was
transferred from the U.S. District Court for the District of Nevada
to the U.S. District Court for the Southern District of California
on January 15, 2025.
The Clerk of Court for the Southern District of California assigned
Case No. 3:25-cv-00113-JO-DDL to the proceeding.
According to the complaint, the Defendants made materially false
and misleading statements regarding Flux Power's business,
operations, and prospects in order to trade Flux Power securities
at artificially inflated prices between November 11, 2022, and
September 30, 2024, in violation of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
Flux Power Holdings, Inc. is a manufacturer of advanced lithium-ion
energy storage solutions based in California. [BN]
The Plaintiff is represented by:
Patrick. R. Leverty, Esq.
William R. Ginn, Esq.
LEVERTY & ASSOCIATES LAW, CHTD.
832 Willow Street
Reno, NV 89502
Telephone: (775) 322-6636
Email: pat@levertylaw.com
bill@levertylaw.com
- and -
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
Email: philkim@rosenlegal.com
lrosen@rosenlegal.com
FOREVER NEW: Zelaya Seeks to Recover Workers' Unpaid Wages
----------------------------------------------------------
JESUS ALBERTO ZELAYA, on behalf of himself, FLSA Collective
Plaintiffs, and the Class, Plaintiff v. FOREVER NEW CONSTRUCTION
INC., PANTELIS TSEKOS, and ANDREAS TSEKOS Defendants, Case No.
1:25-cv-00195 (S.D.N.Y., January 9, 2025) arises from the
Defendants' alleged unlawful labor practices in violation of the
Fair Labor Standards Act and the New York Labor Law.
The Plaintiff alleges that he and others similarly situated are
entitled to recover from Defendants: (1) unpaid wages, including
overtime, due to a fixed salary; (2) statutory penalties; (3)
liquidated damages; and (4) attorneys' fees and costs.
Plaintiff Zelaya additionally alleges that he and others similarly
situated are entitled to damages and fees and costs in this matter
because Defendants willfully filed fraudulent tax information forms
with the Internal Revenue Service.
He further alleges that Defendants breached their contract with
Plaintiff and others similarly situated by failing to pay employer
payroll taxes for Plaintiffs and Class Members, as required by the
Federal Insurance Contribution Act.
The Plaintiff was hired by the Defendants to work as a laborer from
August 2019 to May 2024. During his employment, the Plaintiff was
assigned to perform work for Defendants at hundreds of different
sites throughout New York City.
Forever New Construction Inc. is a domestic business corporation
that provides general contracting services to individuals and
businesses in New York City.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
GALLAGHERS PLUMBING: Faces Orr Labor Suit in Cal. Super.
--------------------------------------------------------
A class action has been filed against GALLAGHERS PLUMBING, HEATING
& AIR CONDITIONING, LLC. The case is captioned as Jacob Jeffery
Orr, an individual on behalf of himself and all others similarly
situated v. Gallaghers Plumbing, Heating & Air Conditioning, LLC, a
California Limited Liability Company, et al., Case No. 24CV024645
(Cal. Super., Sacramento Cty., December 4, 2024).
The case is brought over Defendant's alleged employment violation.
The suit is assigned to the Hon. Lauri A. Damrell.
Case management conferences are scheduled for August 15 and October
17, 2025.
Gallaghers Plumbing, Heating & Air Conditioning, LLC provides
service and installation of plumbing, heating, and air conditioning
equipment and appliances.[BN]
GDA CONSULTING: Faces Bradby Class Suit Over Lending Scheme
-----------------------------------------------------------
JEFFREY BRADBY, et. al. v. DAN KOETTING; JAIRO PEREZ; GDA
CONSULTING GROUP, LLC; BENCHMARK CONSULTING AND MANAGEMENT, LLC;
ENVISION MANAGEMENT, LLC; KP INVESTMENT GROUP, LLC; MARK KOETTING;
RUSSELL MYRICK; MRC CONSULTING, LLC; PG2, LLC; VIVUS SERVICING,
LTD; AS 4FINANCE, LTD., MARK BETTIOL; MARY JO WALKER; DIWAKAR
CHOUBEY; RICHARD CORREIA; MONEYLION TECHNOLOGIES INC.; SALT LAKE
CAPITAL, LLC; HARROWGATE CAPITAL I LLC; JESUS DIAZ; OSCAR
RODRIGUEZ; UNIFIED ANALYTICS, LLC; NATIONAL TECHMARK, INC., NIS;
and JOHN DOES 1-20, Case No. 3:25-cv-00026 (E.D. Va., Jan. 15,
2025) is a class action arising from a tribal lending scheme in
violation of the Racketeer Influenced and Corrupt Organizations
Act.
The Defendants are an association-in-fact enterprise who are
associated together for the common purpose of making, collecting,
and profiting off the illegal loans, referred to as the "Usurious
Lending Enterprise." Together with the defendants in Fitzgerald and
others, the Defendants knowingly participated in the operation of
and conspired with other members of the enterprise to profit from
the usurious loans, the suit says.
The Defendants allegedly violated RICO by agreeing to undertake and
advance the Usurious Lending Enterprise and/or the other
enterprises defined above, including by aiding, abetting, and
facilitating the scheme through their funding of the loans, as well
as through their ownership and oversight of the entities that
funded and operated the loans issued to Plaintiffs, added the
suit.
The Plaintiffs also assert class common law claims for unjust
enrichment and civil conspiracy.
Plaintiff Bradby applied for and obtained a loan from Bridge
Lending in December 2017 from his home in Virginia for a principal
amount of $650, which had a triple-digit interest rate far
exceeding Virginia's 12-percent interest rate cap on unlicensed
loans. Mr. Bradby paid back more than the borrowed amount on this
loan from his bank account maintained in Virginia.
The Plaintiffs include KIMBERLY WEBB, RAYMOND DIGIORGIO, ASHLEY
HICKS, RONALD SHORES, RACHAEL SIMPSON, MARTIN ROWLAND, SHELLEY
THOMAS, ANGEL BARRAGAN, JUSTIN REAGAN, KEVIN SAVASKI, SANDRA RAY, :
DAVID ELAND, DIANA MATTHEWS, DAVID CIOTTI, BRAD SMITH, CHANNELLE
HOWELL, ROBIN BROWN, MICHAEL WALLER, JAMES LAWSON, HUBERTA LEWIS,
MELISSA MELSON, JAMIE DIPINO, and GWENDOLYN ROBINSON, on behalf of
themselves and all individuals similarly situated.
GDA is a business consulting company.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
Andrew J. Guzzo, Esq.
Casey S. Nash, Esq.
Patrick McNichol, Esq.
Matthew G. Rosendahl, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
E-mail: kkelly@kellyguzzo.com
aguzzo@kellyguzzo.com
casey@kellyguzzo.com
pat@kellyguzzo.com
matt@kellyguzzo.com
GENERAL ELECTRIC: Class Settlement in Sjunde Gets Initial Nod
-------------------------------------------------------------
In the class action lawsuit captioned as SJUNDE AP-FONDEN and THE
CLEVELAND BAKERS AND TEAMSTERS PENSION FUND, individually and on
behalf of all others similarly situated, v. GENERAL ELECTRIC
COMPANY, et al., Case No. 1:17-cv-08457-JMF (S.D.N.Y.), the Hon.
Judge Jesse Furman entered an order preliminarily approving
settlement and providing for notice of settlement:
-- Settlement Hearing: April 24, 2025
-- Until otherwise ordered by the Court, the Court stays all
proceedings in the Action other than proceedings necessary to
carry out or enforce the terms and conditions of the
Stipulation.
-- Class Counsel shall file and serve the opening papers in
support of the proposed Settlement, the proposed Plan of
Allocation, and Class Counsel's motion for attorneys' fees and
Litigation Expenses no later than 35 calendar days prior to
the Settlement Hearing.
GE Electric operates as an aircraft engine supplier company.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ah6onw at no extra
charge.[CC]
The Plaintiff is represented by:
Sharan Nirmul, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
The Defendants are represented by:
Sean Berkowitz, Esq.
LATHAM & WATKINS LLP
330 North Wabash Avenue, Suite 2800
Chicago, IL 60611
GENERAL MOTORS: Faces Multiple Class Suit Over Driver Data Sharing
------------------------------------------------------------------
Stephen Rivers of Road & Track reports that modern-day connected
cars are marvels of technology. They can alert emergency workers in
the case of an accident, they can help parents keep a watchful eye
on their kids, and they can drivers out of a jam should they lock
their keys in their car -- or lose the car altogether in a parking
lot. Of course, this same tech means new cars can end up being
rolling surveillance machines -- with owners under the eye of the
automaker, or worse.
In early 2024, news broke that General Motors was selling private
vehicle data to brokers such as LexisNexis; then in August, the
state of Texas sued GM for selling this data, which included GPS
coordinates, speed, braking events, and more, without consumer
consent. Now, the automaker is facing more than two dozen class
action lawsuits.
According to the owners of some GM vehicles, the company collected
and sold their data even if they didn't ever agree to the terms of
service in the first place.
"The file contained 790 records detailing every trip I took in the
car -- every hard brake, fast acceleration, and every time I went
over the speed limit. This is a really scary level of surveillance.
Here's the kicker -- supposedly the records were gathered through
OnStar. But I never paid for OnStar after the initial 3-month free
trial. So I did not agree to the terms of service on an ongoing
basis," said one owner on Reddit.
The FTC says this data led to some owners having higher insurance
rates. "GM monitored and sold people’s precise geolocation data
and driver behavior information, sometimes as often as every three
seconds," said FTC chair Lina M. Khan. "With this action, the FTC
is safeguarding Americans’ privacy and protecting people from
unchecked surveillance."
Under the terms of a settlement GM reached with the FTC this month,
the company won't be allowed to collect location or driver behavior
data for five years. When the time comes that they can again, the
automaker will have to obtain consent to collect it. Then, they'll
have to allow drivers the ability to see or delete their own
personal info. Finally, GM will have to allow consumers to opt out
of location or driver behavior data with some "limited
exceptions."
And now, on top of the federal settlement and the state lawsuit,
General Motors is staring down a gaggle of civil suits. At this
stage, 27 of the class action lawsuits have joined together in
what's called multi-district litigation. If GM settles or loses any
of them, it could mean a serious payout to affected owners. We'll
keep you up to date on what happens as these suits work their way
through the courts. [GN]
GONNELLA BAKING: Soto Seeks to Recover Workers' Unpaid Wages
------------------------------------------------------------
BERNARDO SOTO, on behalf himself and all others similarly situated,
Plaintiff v. GONNELLA BAKING CO., Defendant, Case No. 1:25-cv-00262
(N.D. Ill., January 9, 2025) challenges labor policies and
practices of the Defendant that violate the Fair Labor Standards
Act and the Illinois Minimum Wage Law.
This action seeks to recover unpaid wages resulting from
Defendant's failure to compensate employees for all hours worked,
including time spent donning and doffing required clothing and
protective equipment, handwashing, and related walking and waiting
time, before clocking in at the beginning of the shift, after
clocking out at the end of the shift, and during unpaid meal
breaks.
The Plaintiff was employed by the Defendant at its Aurora, Illinois
location, from approximately November 2021 until March or April
2024 as a non-exempt maintenance mechanic who was paid on an hourly
basis.
Gonnella Baking Co. is a food production company that manufactures
bread products and frozen dough products.[BN]
The Plaintiff is represented by:
Robi J. Baishnab, Esq.
NILGES DRAHER LLC
1360 E. 9th Street, Suite 808
Cleveland, OH 44114
Telephone: (216) 230-2955
Facsimile: (330) 754-1430
E-mail: rbaishnab@ohlaborlaw.com
- and -
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher Street NW, Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: hnilges@ohlaborlaw.com
GREEN SOLUTIONS: Weaver Suit Seeks to Certify Consumer Class
------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM WEAVER, on behalf
of himself and others similarly situated, v. GREEN SOLUTIONS OF
FLORIDA LLC, Case No. 6:23-cv-02059-CEM-LHP (M.D. Fla.), the
Plaintiff asks the Court to enter an order certifying a class;
appointing him as class representative; and appoint Kaufman P.A. as
class counsel.
The Plaintiff Weaver moves to certify a class of Florida consumers
whose telephone numbers Green Solutions bought from a lead vendor
and had its call center call using an automated dialing system
without consent in violation of the Florida Telephone Solicitation
Act.
The case is well-suited for class certification because it involves
a single campaign of calls to Florida consumers made using a single
dialer set to a single dialing mode with calls directed to
telephone numbers that Green Solutions obtained from a single
source.
The central and determinative issues in this case will be (1)
whether Green Solutions is vicariously liable for the calls; (2)
whether Green Solutions’ calls were made to Florida consumers;
and (3) whether Green Solutions used a dialer that automatically
selected phone numbers to be called and called them. And these
issues will be resolved based on common, class wide proof,
including documents, data, and testimony from Green Solutions, its
dialer provider, and Plaintiff's expert.
Mr. Weaver seeks to certify the following class pursuant to Rule
23(b)(3):
"All persons (1) with a Florida area code telephone number (2)
who received a call from GSFL Center (3) to a telephone number
(a) purchased from Generational Energy or (b) for which Green
Solutions has no record of the source (4) that was GSFL
Center's first attempt to call the number and (5) was made
using the ChaseData Dialer (6) in "Outbound' mode (7) as part
of the "solar" campaign and (8) are included in Exhibit 8 to
Plaintiff's expert's report."
Green Solutions sells home improvement products in Florida.
A copy of the Plaintiff's motion dated Jan. 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=S7hNqY at no extra
charge.[CC]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
HANAPS ENTERPRISES: Young Sues Over Blind's Equal Access to Website
-------------------------------------------------------------------
LESHAWN YOUNG, on behalf of herself and all others similarly
situated, Plaintiff v. HANAPS ENTERPRISES, Defendant, Case No.
1:25-cv-00537 (S.D.N.Y., January 17, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the New York General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.digitalstorm.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text, empty links that contain no
text, redundant links, and linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Hanaps Enterprises is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
HEALTH CARE: Hearing on Various Bids Set for Feb. 4
---------------------------------------------------
In the class action lawsuit captioned as Rutherford, et al., v.
Health Care Service Corporation, et al., Case No. 6:24-cv-00081 (D.
Mont., Filed Nov. 14, 2024), the Hon. Judge Brian Morris entered an
order setting Hearing on the following motions for Feb. 24, 2025:
-- Motion to dismiss Counts I, III and V of Second Amended
Complaint;
-- Motion to Dismiss Second Amended Complaint filed by Health
Care Service Corporation;
-- Motion to Strike Class Allegations in the Second Amended
Complaint filed by Health Care Service Corporation;
-- Motion to Unseal Document filed by Johnny C. Rutherford,
Jr.;
-- Motion to Certify Class motion filed Jan. 3, 2025, filed by
Johnny C. Rutherford, Jr.; and
-- Motion to stay motion to Certify Class by Health Care Service
Corporation, Montana University System.
The nature of suit states Diversity-Breach of Contract.
HCSC is a member-owned health insurance company in the United
States. HCSC was formerly known as Hospital Service Corporation and
changed its name to Health Care Service Corporation in 1975. The
company was founded in 1936 and is based in Chicago, Illinois with
a network of offices in the United States.[CC]
HYATT HOTELS: Gil Sues Over Hotel's Architectural Barriers
----------------------------------------------------------
JUAN CARLOS GIL, Plaintiff v. HYATT HOTELS CORPORATION, a Delaware
corporation, Defendant, Case No. 7:25-cv-00157 (S.D.N.Y., January
8, 2025) is an action for injunctive and declaratory relief,
attorneys' fees and costs pursuant to Title III of the Americans
with Disabilities Act of 1990, as amended, and the regulations
implementing the ADA, and for claims under New York State Human
Rights Law.
The Defendant owns and/or operates, inter alia, a hotel at the
Commercial Property, which it holds out to the public as "Hyatt
Place New York/Yonkers."
According to the complaint, the Defendant refused to update or
remove access barriers to the Commercial Property, causing the
Commercial Property to be inaccessible to Plaintiff. This
inaccessibility denies Plaintiff and other disabled patrons the
full and equal access to the facilities, goods and services that
Defendant makes available to the non-disabled public. A list of the
violations that Plaintiff encountered during his visits to
Defendant's Commercial Property involved parking and exterior
routes; tables, counters & lines; toilet rooms; and hotel guest
rooms.
The Plaintiff suffers optic nerve damage, is legally blind, suffers
from cerebral palsy, is unable to walk, and is confined to a
wheelchair.[BN]
The Plaintiff is represented by:
Joseph M. Horn, Esq.
LAW OFFICE OF JOSEPH M. HORN LLC
580 Sylvan Avenue, Suite 1-G
Englewood Cliffs, NJ 07632
Telephone: (201) 884-6000
Facsimile: (201) 205-1382
ILLINOIS: Bid for Class Cert. in Kainz Suit Due August 1
--------------------------------------------------------
In the class action lawsuit captioned as Kainz, et al., v. Illinois
Department of Corrections (IDOC), et al., Case No. 1:21-cv-01250
(C.D. Ill., Filed Sept. 8, 2021), the Hon. Judge Joe Billy Mcdade
entered an order setting scheduling Order:
-- Class discovery to be completed by: April 31, 2025
-- Expert discovery to be completed by: June 27, 2025
-- The motion for class certification Aug. 1, 2025
is to be filed by:
The nature of suit states Employment Discrimination.
IDOC is the code department of the Illinois state government that
operates the adult state prison system.[CC]
INFORMATION.COM: Hearing on Class Cert Bid Set for Dec. 5
---------------------------------------------------------
In the class action lawsuit captioned as EUGENE MANNACIO, v.
INFORMATION.COM LLC, Case No. 4:24-cv-01717-JSW (N.D. Cal.), the
Hon. Judge Jeffrey White entered an order setting dates and
vacating case management conference:
-- Certification Motion Hearing: Dec. 5, 2025
-- The parties shall follow this Court's Guidelines for Civil
Trials, which sets forth the deadlines for all pretrial
filings, including the exchange of and filing of motions in
limine.
-- The parties are reminded that a failure voluntarily to
disclose information pursuant to Federal Rule of Civil
Procedure 26(a) or to supplement disclosures or discovery
responses pursuant to Rule 26(e) may result in exclusionary
sanctions.
Information.com is a people search site that collects and sells
personal data.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5S6srS at no extra
charge.[CC]
INGO MONEY: Court Certifies Settlement Class in Corona-Cantu Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as Jennie Corona-Cantu,
individually and on behalf of all others similarly situated, v.
Ingo Money, Inc., Case No. 1:24-cv-03023-MHC (N.D. Ga.), the Hon.
Judge Mark Cohen entered an order certifying settlement class as
follows:
"All individuals in the United States who received notice of
the Data Security Incident from Ingo Money, either through
letter or email in or around late June early July and early
August of 2024."
Ingo Money offers cash paychecks, personal checks, business checks,
money orders and more, anytime, anywhere.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ifymsA at no extra
charge.[CC]
INNOVATIVE INDUSTRIA: Giraudon Sues Over Exchange Act Violation
---------------------------------------------------------------
Alain Giraudon, individually and on behalf of all others similarly
situated v. INNOVATIVE INDUSTRIA PROPERTIES, INC., ALAN D. GOLD,
PAUL E. SMITHERS, DAVID SMITH, and BEN REGIN, Case No.
1:25-cv-00182-RDB (D. Md., Jan. 17, 2025), is brought on behalf of
a class consisting of all persons and entities other than
Defendants that purchased or otherwise acquired IIPR securities
between February 27, 2024 and December 19, 2024, both dates
inclusive (the "Class Period"), seeking to recover damages caused
by Defendants' violations of the federal securities laws and to
pursue remedies under the Securities Exchange Act of 1934 (the
"Exchange Act") and Rule 10b-5 promulgated thereunder, against the
Company and certain of its top officials.
IIPR is an internally managed real estate investment trust ("REIT")
purportedly focused on the acquisition, ownership, and management
of specialized properties leased to state licensed operators for
their regulated medical-use cannabis facilities. As a REIT, IIPR's
primary source of income is derived from rental revenue generated
by the properties that it acquires. To measure its financial
performance, IIPR uses funds from operations ("FFO"), a metric
calculated by adding depreciation, amortization, and losses on
sales of property to earnings and then subtracting any gains on
sales of property and any interest income. REITs tend to consider
FFO to be a more accurate measure of a REIT's value than net income
because it addresses the limitations of traditional accounting
methods—particularly regarding depreciation, which can
misrepresent the true value of real estate assets—and focuses on
the cash flow generated by a REIT's core operations. As a result,
FFO provides investors with a clearer picture of a REIT's ability
to generate revenue and pay dividends
Throughout the Class Period, Defendants made materially false and
misleading statements regarding the Company's business, operations,
and prospects. Specifically, Defendants made false and/or
misleading statements and/or failed to disclose that: IIPR was
experiencing significant declines in rent and property-management
fees in connection with certain customer leases; the foregoing
would likely impair the Company's ability to maintain FFO and
revenue growth; accordingly, IIPR's leasing operations were less
profitable than the Company had represented to investors; and as a
result, the Company's public statements were materially false and
misleading at all relevant times.
On November 6, 2024, IIPR reported its financial results for the
third quarter of 2024. Among other items, IIPR reported normalized
FFO per share of $2.02, missing the consensus estimate of $2.03 and
declining from $2.09 in the same period in 2023. On this news,
IIPR's stock price fell $12.93 per share, or 10.51%, to close at
$110.07 per share on November 7, 2024.
Then, on December 20, 2024, IIPR announced that on the previous
day, PharmaCann Inc. ("PharmaCann"), the tenant for eleven
properties that IIPR owns—and the revenues from which represented
17% of IIPR's total rental revenues for the three and nine months
ended September 30, 2024—defaulted on its obligations to pay rent
for the month of December under six of its eleven leases (the
"Leases"), for properties located in Illinois, Massachusetts,
Michigan, New York, Ohio and Pennsylvania. On this news, IIPR's
stock price fell $21.68 per share, or 22.73%, to close at $73.66
per share on December 20, 2024.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, says the complaint.
The Plaintiff acquired IIPR securities at artificially inflated
prices during the Class Period.
IIPR is a Maryland corporation with principal executive offices
located in Park City, Utah.[BN]
The Plaintiff is represented by:
Daniel S. Sommers, Esq.
S. Douglas Bunch, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue N.W.
Suite 800, East Tower
Washington, DC 20005
Phone: (202) 408-4600
Facsimile: (202) 408-4699
Email: dsommers@cohenmilstein.com
dbunch@cohenmilstein.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Phone: (212) 661-1100
Facsimile: (917) 463-1044
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Phone: (212) 697-6484
Facsimile: (212) 697-7296
Email: peretz@bgandg.com
J&C AMBULANCE: First's Renewed Class Cert Bid Partly OK'd
---------------------------------------------------------
In the class action lawsuit captioned as Kara First, et al., V. J&C
Ambulance Services, Inc., et al., Case No. 2:22-cv-03296-MHW-KAJ
(S.D. Ohio), the Hon. Judge Michael Watson entered an order
granting in part and denying in part Plaintiffs' renewed motion for
class certification.
The Court certifies the following class under Federal Rule of Civil
Procedure 23(b)(3):
"All persons for whom the following are true: (i) who were
enrolled in American EMS, LLC's group health, vision, or
dental plans as of Aug. 31, 2020, either as an employee of
the company or as the dependent of an employee; (ii) who were
not hired by J&C Ambulance, Inc. or allowed to enroll in its
group health, vision, or dental plans; and (iii) who did not
receive timely notice of their right to elect continued group
health, dental, or vision plan coverage under COBRA."
The Court appoints the Plaintiffs Kara First and Suzanne First as
Class Representatives and appoints John Camillus of the Law Offices
of John C. Camillus, LLC, and Jason Starling of Willis Spangler
Starling as Class Counsel.
The Parties are ordered to meet and confer regarding Plaintiffs'
proposed notice of class action. The Clerk shall terminate ECF No.
95.
On May 6, 2024, the Court denied the Plaintiffs' initial motion for
class certification because Plaintiffs had not presented an
administratively feasible method for ascertaining class members.
J & C is a provider of basic and advanced medical transportation
services.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1wSpJ4 at no extra
charge.[CC]
JAYARVEE INC: Agustin Sues to Recover Overtime Wages
----------------------------------------------------
Guillermo Agustin, on behalf of himself, individually, and on
behalf of all others similarly situated v. JAYARVEE INC., BIRDLAND
JAZZ CLUB, and JOHN R.VALENTI, individually, Case No. 1:25-cv-00495
(S.D.N.Y., Jan. 17, 2025), is brought to recover damages for
Defendants' systemic and continuous violations of: the overtime
provisions of the Fair Labor Standards Act ("FLSA"), the overtime
provisions of the New York Labor Law ("NYLL"), and New York Comp.
Codes R. & Regs ("NYCRR").
Despite regularly working beyond forty hours in a week, Defendants
failed and refused to pay Plaintiff any overtime compensation for
any hours Plaintiff worked beyond forty each week, resulting in
Plaintiff suffering unpaid overtime compensation in willful
violation of both the FLSA and NYLL.
The Defendants violated one of the anti-retaliation provisions of
NYLL by terminating Plaintiff's employment in direct response to
Plaintiff's repeated complaints about Defendants' continuous
failure to pay him all wages owed, including, without limitation,
Defendants' weekly underpayment of his regular wages, rather than
making any effort or attempt to remedy or rectify Plaintiff's wage
issues of which Defendants were aware, says the complaint.
The Plaintiff was employed by Defendants as a busboy, bartender,
and food runner to perform work within Defendants' restaurant and
place of business, from April 2023, through the wrongful
termination of Plaintiff's employment on or about November 19,
2023.
The Defendants own and operate a popular restaurant, jazz club,
bar, and pub located in New York City's Hell's Kitchen
neighborhood.[BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Michael R. Minkoff, Esq.
Avraham Y. Scher, Esq
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Phone: (212) 227-5700
JBS FOODS: Court Narrows Claims in Taylor Suit
----------------------------------------------
In the class action lawsuit captioned as TIM TAYLOR, ON BEHALF OF
HIMSELF AND OTHERS SIMILARLY SITUATED; AND BRYCE BAKER, ON BEHALF
OF HIMSELF AND OTHERS SIMILARLY SITUATED; v. JBS FOODS USA; TYSON
FOODS, DMC.; CARGILL MEAT SOLUTIONS CORP.; NATIONAL BEEF PACKING
COMPANY, LLC; Case No. 3:23-cv-03031-ECS (D.S.D.), the Hon. Judge
Eric Schulte entered an order granting in part and denying in part
the Defendants' motion to dismiss:
-- The motion is granted to the extent that it sought to dismiss
Plaintiffs' RICO claim but is denied in all other respects.
-- The Defendants' "Product of USA" labels were approved by the
FSIS under the previous "Product of USA" definition
efendants' lobbying was for the sole purpose of expense or delay
The Defendants' motion to dismiss the putative out-of-state class
members is at the very least premature and must be denied.
The Plaintiffs allege the Defendants' labels are false and
misleading in violation of the Federal Meat Inspection Act (FMIA).
The Plaintiffs are ranchers who domestically sell cattle born,
raised, and slaughtered in the United States.
JBS offers wide range of meat, including lamb, pork, and beef
products.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=N5NGuJ at no extra
charge.[CC]
JBS USA: Settlement in Brown Suit Gets Initial Nod
--------------------------------------------------
In the class action lawsuit captioned as RON BROWN, and, MINKA
GARMON, individually and on behalf of all others similarly
situated, v. JBS USA FOOD COMPANY, TYSON FOODS, INC., CARGILL INC.,
CARGILL MEAT SOLUTIONS CORP., HORMEL FOODS CORP., ROCHELLE FOODS,
LLC, AMERICAN FOODS GROUP, LLC, TRIUMPH FOODS, LLC, SEABOARD FOODS,
LLC, NATIONAL BEEF PACKING CO., LLC, SMITHFIELD FOODS, INC.,
SMITHFIELD PACKAGED MEATS CORP., AGRI BEEF CO., WASHINGTON BEEF,
LLC, PERDUE FARMS, INC., GREATER OMAHA PACKING CO., INC., INDIANA
PACKERS CORPORATION, QUALITY PORK PROCESSORS, INC., AGRI STATS,
INC., and WEBBER, MENG, SAHL AND COMPANY, INC., d/b/a/ WMS &
Company, Case No. 1:22-cv-02946-PAB-STV (D. Colo.), the Hon. Judge
Philip Brimmer entered an order granting the Plaintiffs' motion for
preliminary approval of:
-- Settlement with JBS USA Food Company and Tyson Foods, Inc.,
Certification
-- Settlement Class, and
Appointment of Settlement Class Counsel.
The Court further entered an order that:
-- The Plaintiffs' motion for Preliminary Approval of Settlement
with American Foods Group, LLC, Certification of Settlement
Class, and Appointment of Settlement Class Counsel is granted.
-- The Plaintiffs' Motion for Preliminary Approval of Settlement
with National Beef Packing Co., LLC; Cargill, Inc. and Cargill
Meat Solutions Corp.; and Hormel Foods Corporation; Rochelle
Foods, LLC; and Quality Pork Processors, Inc., Certification
of Settlement Class, and Appointment of Settlement Class
Counsel is granted.
-- The Representative Plaintiffs shall file their proposed notice
to the settlement classes on or before Feb. 14, 2025.
-- The defendants JBS USA Food Company, Tyson Foods, Inc.,
American Foods Group, LLC, National Beef Packing Co., LLC,
Cargill, Inc., Cargill Meat Solutions Corp., Hormel Foods
Corp., Rochelle Foods, LLC, and Quality Pork Processors, Inc.
shall file any objections to Representative Plaintiffs'
proposed notice on or before Feb. 28, 2025.
-- On or before Jan. 28, 2025, Representative Plaintiffs shall
file a proposed timeline to complete approval of these
settlements.
-- The case and all related deadlines are stayed as to defendants
JBS USA Food Company, Tyson Foods, Inc., American Foods Group,
LLC, National Beef Packing Co., LLC, Cargill, Inc., Cargill
Meat Solutions Corp., Hormel Foods Corp., Rochelle Foods, LLC,
and Quality Pork Processors, Inc. except as stated above.
-- The Defendant Rochelle Foods, LLC's Motion to Dismiss the
Amended Complaint is denied as moot.
-- The Defendant Quality Pork Processors, Inc.'s Motion to
Dismiss the Amended Complaint is denied as moot.
-- The Plaintiffs' Motion for Status is denied as moot.
Representative Plaintiffs' motions for preliminary approval of the
class settlements with American Foods, National Beef, Cargill, and
Hormel Foods-QPP6 seek certification of a class of:
"All persons employed by Defendant Processors, their
subsidiaries, and/or related entities at beef-processing or
pork-processing plants in the continental United States from
Jan. 1, 2000 until Feb. 27, 2024," which is the date the Court
first approved a settlement in this case.
JBS USA offers wide range of meat, including lamb, pork, and beef
products.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZDVvou at no extra
charge.[CC]
KELLYANN LLC: Filing for Class Cert Bid Continued to August 7
-------------------------------------------------------------
In the class action lawsuit captioned as KAREE WALLACH and TIFFANYE
YOUNG, on behalf of themselves, the general public, and those
similarly situated, v. DR. KELLYANN LLC, Case No. 3:24-cv-01339-WHO
(N.D. Cal.), the Hon. Judge William Orrick entered an order that:
1. Plaintiffs' deadline to file their motion for class
certification is continued to Aug. 7, 2025.
2. Defendants' deadline to file its opposition to Plaintiffs'
motion for class certification is continued to Oct. 13,
2025.
3. Plaintiffs' deadline to file their reply in support of
their motion for class certification is continued to
Nov. 13, 2025.
4. The hearing on Plaintiffs' motion for class certification
is continued to Dec. 3, 2025, or as soon thereafter based
on the Court's availability.
On June 18, 2024, the Court issued an order setting deadlines for
briefing on class certification class certification.
In August 2024, Defendant's senior lender foreclosed and sold all
of its assets.
Dr. Kellyann is a naturopathic physician.
A copy of the Court's order dated Jan. 13, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=C1nkOn at no extra
charge.[CC]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Hayley A. Reynolds, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
marie@gutridesafier.com
hayley@gutridesafier.com
The Defendant is represented by:
Thomas A. Evans, Esq.
ALSTON & BIRD LLP
560 Mission St., Suite 2100
San Francisco, CA 94105
Telephone: (415) 243-1000
Facsimile: (415) 243-1001
E-mail: tom.evans@alston.com
KENDAL CORPORATION: Fails to Secure Personal Info, Parikh Claims
----------------------------------------------------------------
AMISH PARIKH, individually and on behalf of all others similarly
situated, Plaintiff v. THE KENDAL CORPORATION, Defendant, Case No.
2:25-cv-00129-GJP (E.D. Pa., January 9, 2025) is a class action
against the Defendant for its failure to properly secure and
safeguard personally identifiable information including, but not
limited to, Plaintiff's and Class Members' names, Social Security
Numbers, and/or other personal information.
The Defendant was subject to a cyberattack between June 26 and June
30, 2024. The Defendant investigated the Data Breach and determined
that an unauthorized party gained access to the Private Information
of certain TKC employees, including Plaintiff's.
The Plaintiff brings this class action lawsuit on behalf of himself
and those similarly situated employees to address Defendant's
inadequate safeguarding of Class Members' personal information that
it collected and maintained, and for failing to provide adequate
notice to Plaintiff and other Class Members that their information
was likely accessed by an unknown third party and precisely what
type of information was accessed.
TKC is a Delaware-based nonprofit corporation that provides support
services to senior living communities.[BN]
The Plaintiff is represented by:
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN, P.C.
30 East Butler Ave.
Ambler, PA 19002
Telephone: (267) 468-5374
E-mail: jginsburg@creditlaw.com
teamkimmel@creditlaw.com
- and -
Jarrett L. Ellzey, Esq.
Leigh S. Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: jarrett@ellzeylaw.com
lmontgomery@eksm.com
KIA AMERICA: Class Cert Bid Filing in Knight Modified to Sept. 11
-----------------------------------------------------------------
In the class action lawsuit captioned as Stacie Knight, et al v.
Kia America, Inc., Case No. 8:22-cv-01160 (C.D. Cal., Filed June
14, 2022 ), the Hon. Judge John W. Holcomb entered an order
granting stipulation to modify case schedule:
-- The deadline to complete the settlement Aug. 31, 2025
conference is:
-- The motion for class certification is: Sept. 11, 2025
-- The hearing on motion for class March 13, 2026
certification is:
The suit alleges violation of the Magnuson-Moss Warranty Act.
Kia America provides a wide range of cars that meet your lifestyle.
Browse our luxury or sports sedans, hybrids, electric cars, SUVs &
hatchbacks.[CC]
KINROSS GOLD: Ellings Sues to Recover Unpaid Wages
--------------------------------------------------
Cory Ellings, individually and on behalf of others similarly
situated v. KINROSS GOLD U.S.A., INC., Case No. 2:25-cv-00098 (D.
Nev., Jan. 15, 2025), is brought to recover unpaid wages and other
damages from The Defendant Gold U.S.A., Inc. (The Defendant) for
violations of the Fair Labor Standards Act (FLSA) and Nevada law.
The Plaintiff and the other Hourly Employees regularly work more
than 40 hours a workweek. However, The Defendant does not pay The
Plaintiff and the other Hourly Employees for all their hours
worked, including overtime hours. Rather, The Defendant requires
the Plaintiff and the other Hourly Employees to gather tools and
equipment necessary to perform their job duties and suit out in
protective clothing and safety gear necessary to safely perform
their job duties "off the clock" prior the start of their shifts.
The Defendant likewise pays the Plaintiff and the other Hourly
Employees a non-discretionary "Geo Allowance." The Defendant knows
these bonuses and Geo Allowance must be, but are not, included in
the Hourly Employees' regular rates of pay for overtime purposes
(The Defendant's "bonus pay scheme"). The Defendant's bonus pay
scheme violates the FLSA and Nevada law by depriving The Plaintiff
and the other Hourly Employees of overtime at rates not less than
1.5 times their regular rates of pay--based on all
remuneration--for hours worked in excess of 40 a workweek, says the
complaint.
The Plaintiff has employed the Defendant in its Round Mountain Mine
in Nye County, Nevada since October 2019.
Kinross bills itself as "a senior gold mining company with a
diverse portfolio of mines and projects in the United States,
Canada, Brazil, Chile, and Mauritania."[BN]
The Plaintiff is represented by:
Esther C. Rodriguez, Esq.
RODRIGUEZ LAW OFFICES, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
Phone: (702) 320-8400
Fax: (702) 320-8401
Email: info@rodriguezlaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
KIZIK DESIGN: Cole Sues Over Blind-Inaccessible Website
-------------------------------------------------------
Haron Cole, on behalf of himself and all others similarly situated
v. Kizik Design, LLC, Case No. 1:25-cv-00536 (E.D.N.Y., Jan. 16,
2025), is brought against the Defendant for their failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services Stadium
Enterprises provides to their non-disabled customers through
https://kizik.com (hereinafter "Kizik.com" or "the website").
Defendant's denial of full and equal access to its website, and
therefore denial of its services offered, and in conjunction with
its physical locations, is a violation of Plaintiff's rights under
the Americans with Disabilities Act (the "ADA").
Because Defendant's website, Venus.com, is not equally accessible
to blind and visually-impaired consumers, it violates the ADA.
Plaintiff seeks a permanent injunction to cause a change in Venus
Fashion's policies, practices, and procedures to that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
Kizik.com is a commercial website that offers products and services
for online sale.[BN]
The Plaintiff is represented by:
David Reyes, Esq.
ASHER COHEN LAW PLLC
2377 56th Dr,
Brooklyn, NY 11234
Phone: (630)-478-0856
Email: dreyes@ashercohenlaw.com
KOLD TRANS: Class Cert. Hearing in Hamilton Continued to April 17
-----------------------------------------------------------------
In the class action lawsuit captioned as Bennie Hamilton, v. Kold
Trans, LLC et al., Case No. 5:21-cv-01859-MEMF-SP (C.D. Cal.), the
Hon. Judge Maame Ewusi-Mensah Frimpong entered an order setting
hearing and briefing schedule for order to show cause as to why a
preliminary injunction should not issue, and continuing hearing
date as to motion for class certification:
The Court will hold a hearing as to whether a preliminary
injunction shall issue on March 13, 2025, at 10:00 am. Defendants
are ordered to file an opening brief as to why a preliminary
injunction should not issue by no later than Feb. 7, 2025.
The Plaintiffs are ordered to file a brief in response by Feb. 21,
2025. The Defendants may not file a reply unless granted leave by
the Court.
The Court also notes that the hearing on the pending Motion for
Class Certification is currently set for Feb. 6, 2025. Due to the
Court's availability, this hearing date needs to be rescheduled.
The Court continues the hearing on the Motion for Class
Certification to Apr. 17, 2025, at 10:00 am.
Counsel shall take notice of this new date and no appearances are
necessary on Feb. 6, 2025. In the event that the parties are not
available on this date, the parties are to meet and confer and file
a joint report proposing alternative dates in April, May, or June
of 2025.
On Jan. 2, 2025, the Court issued an Order granting in part an
Application for a Temporary Restraining Order filed by Plaintiffs
Bennie Hamilton, Anthony Killion, Kristopher Kaczanowski, Leroy
Coker, and Darrell Brown.
Kold provides refrigerated transportation using truckload &
logistics.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cjzexg at no extra
charge.[CC]
LAMB WESTON: Marflayaa Sues Over Frozen Potato Market Monopoly
--------------------------------------------------------------
MARFLAYAA INC.; and Marplayaa Inc. (d/b/a Windy City Weiners),
individually and on behalf of all others similarly situated,
Plaintiff v. LAMB WESTON HOLDINGS, INC.; LAMB WESTON, INC.; LAMB
WESTON BSW, LLC; LAMB WESTON/MIDWEST, INC.; LAMB WESTON SALES,
INC.; MCCAIN FOODS LIMITED; MCCAINE FOODS USA, INC.; J.R. SIMPLOT
CO.; CAVENDISH FARMS LTD; and CAVENDISH FARMS, INC., Defendants,
Case No. 1:25-cv-00474 (N.D. Ill., Jan. 15, 2025) alleges violation
of the Sherman Act.
According to the Plaintiff in the complaint, the Defendants are
engaged in price-fixing being the four dominant processors of
frozen French fries, hash browns, tater tots, and other frozen
potato products ("Frozen Potato Products") sold in the United
States. Defendants collectively control 97 percent or more of the
$68-billion-per-year Frozen Potato Products market.
Rather than competing, the Defendants used their substantial market
power to leverage a temporary spike in input costs to impose
lockstep price increases on their Frozen Potato Products at
supra-competitive levels. Defendants synchronized their price
increases multiple times per year since at least early 2021. As one
restaurant owner remarked, it was "[a]mazing how all of the major
suppliers of French fries and the like are all raising their prices
at the same time and by the same amount." Defendants' collusion
continues, unabated, says the suit.
Lamb Weston Holdings, Inc. operates as a holding company. The
Company, through its subsidiaries, produces and supplies frozen
potato products. Lamb Weston Holdings offers fries, oven roasted
potatoes, puffs, chips, slices, and prepared potato products. [BN]
The Plaintiff is represented by:
Mindee J. Reuben, Esq.
LITE DEPALMA GREENBERG &
AFANADOR, LLC
1515 Market Street, Suite 1200
Philadelphia, PA 19102
Telephone: (215) 854-4060
(215) 704-2524
Email: mreuben@litedepalma.com
- and -
Bruce D. Greenberg, Esq.
Collin Schaffhauser, Esq.
LITE DEPALMA GREENBERG &
AFANADOR, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
Facsimile: (973) 623-0858
E mail: bgreenberg@litedepalma.com
LASERSHIP INC: Huggins Sues Over Unlawfully Denied Overtime Wages
-----------------------------------------------------------------
Oswald Huggins, Kelvino Hunter, and Abdul Ngobeh, on behalf of
themselves and all others similarly situated v. LASERSHIP, INC.
d/b/a ONTRAC FINAL MILE, Case No. 1:24-cv-02345-AJT-WBP (E.D. Va.,
Dec. 23, 2024), is brought on behalf of delivery drivers who worked
for the Defendant and were unlawfully denied overtime and proper
wage statements in violation of wage and hour laws pursuant the
Fair Labor Standards Act ("FLSA") and the Virginia Overtime Wage
Act ("VOWA"), and the Virginia Wage Payment Act ("VWPA").
The Defendant contracts with various individuals called "Master
Contractors," who are controlled by the Defendant and who in turn
hire the delivery drivers who physically deliver packages from the
Defendant's warehouses to homes and residents in a manner that the
Defendant prescribes. the Defendant, through its Master
Contractors, directs, controls, and supervises delivery drivers and
the manner in which they perform their work. But the Defendant also
unlawfully denies its delivery drivers the compensation, rights,
and benefits it owes to employees by improperly classifying them as
independent contractors, says the complaint.
The Plaintiffs worked as delivery drivers for OnTrac.
OnTrac provides final-mile delivery services to businesses and
residences throughout the contiguous United States for its
corporate customers.[BN]
The Plaintiff is represented by:
Molly Elkin, Esq.
Patrick Miller-Bartley, Esq.
MCGILLIVARY STEELE ELKIN LLP
1101 Vermont Ave NW, Suite 1000
Washington, D.C. 20005
Phone: (202) 833-8855
Fax: (202) 452-1090
Email: mae@mselaborlaw.com
pmb@mselaborlaw.com
- and -
Michael J. Scimone, Esq.
Chauniqua Young, Esq.
Amy L. Maurer, Esq.
Outten & Golden LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Phone: (212) 245-1000
Email: mscimone@outtengolden.com
cyoung@outtengolden.com
amaurer@outtengolden.com
- and -
Hannah Cole-Chu, Esq.
OUTTEN & GOLDEN LLP
1225 New York Ave, NW Suite 1200B
Washington, D.C. 20005
Phone: (202) 915-5810
Email: hcolechu@outtengolden.com
LENNY & LARRY'S: Tucker Sues Over Blind's Equal Access to Website
-----------------------------------------------------------------
HENRY TUCKER, on behalf of himself and all others similarly
situated, Plaintiff v. LENNY & LARRY'S, LLC, Defendant, Case No.
1:25-cv-00489 (S.D.N.Y., January 16, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the New York General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.lennylarry.com/, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text, empty links that contain no
text, redundant links, and linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Lenny & Larry's, LLC is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
LESLIE'S POOLMART: Torres Suit Removed to C.D. California
---------------------------------------------------------
The case styled as Zuleydi Cabrera Torres, individually and on
behalf of others similarly situated v. LESLIE'S POOLMART, INC., a
Delaware corporation; and DOES 1 through 50, inclusive, Case No.
CIVRS2402143 was removed from the Superior Court of California,
County of San Bernardino, to the U.S. District Court for the
Central District of California on Jan. 15, 2025, and assigned Case
No. 5:25-cv-00120.
The Plaintiff's Complaint asserts the following nine causes of
action: Unpaid Overtime; Unpaid Meal Period Premiums; Unpaid Rest
Break Premiums; Unpaid Minimum Wages; Final Wages Not Timely Paid;
Wages Not Timely Paid During Employment; Failure to Provide
Accurate Wage Statements; Failure to Reimburse Necessary Business
Expenses; and Violation of Business & Professions Code.[BN]
The Defendants are represented by:
Sophia B. Collins, Esq.
Michael W. Nelson, Esq.
Nicholas Gioiello, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: scollins@littler.com
mwnelson@littler.com
ngioiello@littler.com
LINDERLAKE CORPORATION: Alastanos Sues to Recover Unpaid Wages
--------------------------------------------------------------
Gus Alastanos, individually and for others similarly situated v.
LINDERLAKE CORPORATION, Case No. 1:25-cv-00608 (N.D. Ill., Jan. 17,
2025), is brought to recover unpaid wages and other damages from
the Defendant in violation of the Fair Labor Standards Act (FLSA)
and the Illinois Minimum Wage Law (IMWL).
The Plaintiff and the other Shift Rate Employees regularly work
more than 40 hours a workweek. But the Defendant does not pay the
Plaintiff and the other Shift Rate Employees for all their hours
worked. Instead, the Defendant pays the Plaintiff and the other
Shift Rate Employees for only up to 8 hours a workday, even when
these employees work in excess of 8 hours in a workday (the
Defendant's "shift rate pay scheme"). But the Plaintiff and the
other Shift Rate Employees are regularly required to work more than
8 hours a workday to complete their job duties.
Additionally, the Defendant does not pay the Plaintiff and the
other Shift Rate Employees overtime wages at the required premium
rates for hours worked in excess of 40 a workweek. Instead, the
Defendant paid the Plaintiff and other Shift Rate Employees per
diems that the Defendant excludes when calculating these employees'
regular rates of pay for overtime purposes (the Defendant's "per
diem pay scheme"), says the complaint.
The Plaintiff was by the Defendant employed as one of its Shift
Rate Employees in Illinois.
Linderlake "is centered on providing full-service land acquisition
services, from initial route analysis and feasibility through
damage settlement and file closeout on a project basis, and also
provides contract, contract-to-hire and direct hire field services,
right-of way, and management personnel to the telecommunications,
power delivery, water, transportation and gas industries."[BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 West Washington, Suite 1402
Chicago, IL 60602
Phone: (312) 419-1008
Facsimile: 312-419-1025
Email: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
LITTLE CAESARS: Filing for Class Cert. Bid Modified to June 16
--------------------------------------------------------------
In the class action lawsuit captioned as Cuevas v. Little Caesar
Enterprises, Inc., Case No. 3:23-cv-03166 (N.D. Cal., Filed June
26, 2023), the Hon. Judge Rita F. Lin entered an order granting
stipulation modifying class certification schedule:
-- Motion for Class Certification due by: June 16, 2025
-- Opposition due by: July 14, 2025
-- Reply due by: Aug. 4, 2025
-- Motion for Class Certification Oct. 7, 2025
Hearing reset for:
The nature of suit states Civil Rights – Employment --
Diversity-(Citizenship).
Little Caesars is an American multinational chain of pizza
restaurants that was founded in 1959.[CC]
LONG ISLAND PLASTIC: Fitzsimons Suit Removed to E.D. New York
-------------------------------------------------------------
The case is styled as Dawn Fitzsimons, individually and a class
similarly situated v. Long Island Plastic Surgical Group, PC, Case
No. 619353/2024 was removed from the Supreme Court of the State of
New York, County of Nassau, to the U.S. District Court for the
Eastern District of New York on Jan. 17, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00309 to the
proceeding.
The nature of suit is stated as Other P.I.
Long Island Plastic Surgical Group doing business as New York
Plastic Surgery Group -- https://www.lipsg.com/ -- is the largest,
longest- running plastic surgery group in the nation.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Michael Marcucci, Esq.
JONES DAY
100 High Street
Boston, MA 02110
Phone: (617) 449-6887
Email: mmarcucci@jonesday.com
LSREF3/AH CHICAGO: Class Cert. Fact Discovery Due April 25
----------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER MCNAUGHTON, v.
LSREF3/AH CHICAGO TENANT, LLC; and AIMBRIDGE HOSPITALITY, LLC, Case
No. 2:24-cv-00814-NR (W.D. Pa.), the Hon. Judge J. Nicholas Ranjan
entered a case management order as follows:
1. The Court appoints Judge Lisa Lenihan as mediator. The
mediation session shall be completed by no later than April
2, 2025.
2. Initial disclosures required by Rule 26(a) of the Federal
Rules of Civil Procedure will be made by Jan. 24, 2025.
3. Class-certification fact discovery shall be completed by
April 25, 2025.
4. The parties shall file a joint motion for entry of
protective order by Jan. 28, 2025.
5. Any consented-to amended pleadings or joinder of parties
shall be filed no later than March 28, 2025. Lacking
consent, any motion to amend pleadings or join parties shall
be filed no later than March 28, 2025.
6. On or before March 3, 2025, the parties shall file a joint
status report, updating the Court on the status of class-
certification fact discovery, identifying: (i) the discovery
completed to date; (ii) the discovery that remains; and
(iii) the existence of any discovery disputes.
LSREF3/AH Chicago Tenant operates public hotels and motels.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ymMe0X at no extra
charge.[CC]
MATHWORKS INC: Rodriguez Sues Over Invasion of Data Privacy
-----------------------------------------------------------
Rebeka Rodriguez, individually and on behalf of all others
similarly situated v. THE MATHWORKS, INC., a Delaware corporation,
MATHWORKS.COM, Case No. 24CU029715C (Cal. Super. Ct., Los Angeles
Cty., Dec. 20, 2024), is brought violation the California Invasion
of Privacy Act ("CIPA") as a result of the Defendant's invasion of
data privacy.
The Defendant created its own online presence at mathworks.com (the
"Website") to communicate with potential customers, encouraging
engagement with this electronic medium--Defendant's Website--as an
alternative to the telephonic or in-person interaction. The
Defendant did this to enable potential customers to obtain
information from and about Defendant's products, and to enable
Defendant to elicit information from potential customers about
their specific needs and desires.
The Defendant well understands that its Website is a means to
communicate privately with potential customers--a consumer
expectation that is not only reasonable, but actively nurtured by
Defendant. Indeed, Defendant assures visitors that "take your
privacy seriously." The Defendant's promise is false. In reality,
Defendant secretly allows a third-party spyware company to
eavesdrop on the private conversations of everyone who communicates
through the chat feature on the Website, says the complaint.
The Plaintiff visited Defendant's Website and conducted a brief
conversation through the Website's chat feature, sharing personal
information in the process.
The Defendant is a company that sells mathematical computing and
engineering software via its website.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
MAX & FRANK: Ciommi Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------
CESARE CIOMMI and other similarly situated individuals, Plaintiff
v. MAX & FRANK, L.L.C., d/b/a LA LOCANDA THOMAS TSATAS,
individually, Defendants, Case No. 1:25-cv-20091-RKA (S.D. Fla.,
January 8, 2025) seeks to recover monetary damages for unpaid
overtime wages pursuant to the Fair Labor Standards Act.
The Defendants employed Plaintiff as a full-time time hourly
employee from approximately 2012, to March 25, 2024. During his
employment with Defendants, the Plaintiff worked an irregular
schedule of six days per week with more than 40 hours weekly.
However, the Defendants willfully failed to pay Plaintiffs regular
wages and overtime hours at the rate of time and one-half their
regular rate for every hour that they worked over 40. In addition,
the Plaintiff was paid weekly without paystubs providing
information about the wage rate paid, actual number of days and
hours worked, employee taxes withheld, etc., says the suit.
Max & Frank owns and operates La Locanda, an Italian restaurant
located at 419 Washington Avenue, Miami Beach, FL. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA.
9100 S. Dadeland Blvd.
Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
MCCREARY MODERN: Mismanages Plan's Dividends, Trull Suit Alleges
----------------------------------------------------------------
CALVIN TRULL, on behalf of the McCreary Modern, Inc. Employee Stock
Ownership Plan, and all others similarly situated, Plaintiff v.
MCCREARY MODERN, INC. and THE BOARD OF TRUSTEES OF THE MCCREARY
MODERN, INC. EMPLOYEE STOCK OWNERSHIP PLAN, Defendants, Case No.
5:25-cv-00011 (W.D.N.C., January 17, 2025) is a class action
against the Defendants for violations of the Employee Retirement
Income Security Act.
The case arises from the Defendants' failure to engage in a prudent
process to select and monitor an appropriate reinvestment policy
for stock dividends earned by the McCreary Modern, Inc. Employee
Stock Ownership Plan. Moreover, McCreary failed to monitor the
Trustees to ensure that they satisfied the investment duties
delegated to them. As a result, the Plan and its participants are
likely to incur additional losses unless and until the Defendants
implement a prudent reinvestment strategy for the Plan's unused
dividends, says the suit.
McCreary Modern, Inc. is a furniture manufacturer in North
Carolina. [BN]
The Plaintiff is represented by:
Daniel R. Francis, Esq.
DAN FRANCIS LAW FIRM PLLC
P.O. Box 575
Lexington, NC 27293
Telephone: (336) 300-8049
Facsimile: (866) 751-3933
Email: Dfrancis@DanFrancisLawFirm.com
- and -
Carl F. Engstrom, Esq.
Jennifer K. Lee, Esq.
ENGSTROM LEE LLC
323 N. Washington Ave., Ste. 200
Minneapolis, MN 55401
Telephone: (612) 293-7843
Facsimile: (612) 677-3050
Email: cengstrom@engstromlee.com
jlee@engstromlee.com
MCDERMOTT INC: Filing for Class Cert Bid in Smith Due August 15
---------------------------------------------------------------
In the class action lawsuit captioned as LOUIS SMITH, V. MCDERMOTT,
INC., ET AL., Case No. 3:19-cv-00613-BAJ-EWD (M.D. La.), the Hon.
Judge Erin Wilder-Doomes entered a limited scheduling order as
follows:
-- The deadline to join other parties June 1, 2025
or to file a motion for leave to
amend the pleadings is:
-- Filing all discovery motions and June 30, 2025
completing all discovery except
experts:
-- Ruling on class certification:
Plaintiff(s): July 1, 2025
Defendant(s): July 28, 2025
-- Expert reports must be submitted
to opposing parties as follows:
Plaintiff(s): Aug. 1, 2025
Defendant(s): Aug. 30, 2025
-- Discovery from experts must be Sept. 30, 2025
completed by:
-- Filing of Motion for Class Aug. 15, 2025
Certification:
-- Response to Motion for Class Sept. 15, 2025
Certification:
-- Reply in Support of Motion for Sept. 22, 2025
Class Certification:
McDermott is an energy services engineering and contracting
company.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8qiyli at no extra
charge.[CC]
MDL 2873: Exposure to Toxic Chemical Caused Illness, Psomas Says
----------------------------------------------------------------
CASSANDRA PSOMAS, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.;
CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07223-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during her working
career as a military and/or civilian firefighter. As a result of
her exposure to Defendants' AFFF and TOG products, Plaintiff was
diagnosed with thyroid disease, which has caused Plaintiff to
suffer severe personal injuries, pain, suffering, and emotional
distress, the suit alleges.
The Psomas case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Exposure to Toxic Chemicals Caused Sickness, Smith Says
-----------------------------------------------------------------
KENNETH ALAN SMITH, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.;
CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07227-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The Smith case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Faces Heck Suit Over Exposure to Toxic Chemicals
----------------------------------------------------------
JEFFREY ALLEN HECK, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.;
CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07207-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The Heck case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Faces Willa Suit Over Exposure to Toxic Chemicals
-----------------------------------------------------------
THOMAS GARY WILLA, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.;
CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07231-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The Willa case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Fields Alleges Injury Due to Toxic Chemical Exposure
--------------------------------------------------------------
DON FIELDS and ALENE FIELDS, his wife, Plaintiffs v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA LUSS., INC.; ARKEMA,
INC.; BUCK EYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC. DEEPWATER CHEMICALS INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDIE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
Successor-in-interest to the Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and ABC CORPORATIONS (1-50), Defendants, Case
No. 2:24-cv-07039-RMG (D.S.C., December 4, 2024) is an action for
damages for personal injuries resulting from exposure to aqueous
film-forming foams containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances that include, but is
not limited to, perfluorooctanoic acid and perfluorooctane sulfonic
acid and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff Don Fields regularly used, and was thereby directly
exposed to, AFFF in training and to extinguish fires during his
working career in the U.S. Navy. He was diagnosed with kidney
cancer and/or other medical related conditions as a result of
exposure to Defendants' AFFF products, the suit alleges.
Plaintiff, Alene Fields, is the legal spouse and wife of Plaintiff,
Don Fields. As the direct and proximate result of the
previously-pled wrongful acts and omissions of the Defendants,
Plaintiff, Alene Fields, has lost and will lose the services,
society and consortium of her husband, Don Fields, and asserts any
and all remedies available under any statutory or common law causes
of action, or rights against each Defendant.
The Fields case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
KEEFE LAW FIRM, LLC
2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623
Red Bank, NJ 07701
Telephone: (732) 224-9400
MDL 2873: Hiort Alleges Injury Due to Toxic Chemical Exposure
-------------------------------------------------------------
FREDERICK WILLIAM HIORT, Plaintiff v. 3M COMPANY (f/k/a Minnesota
Mining and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.;
ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.;
ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD
INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE
LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07208-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The Hiort case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Hughes Suit Alleges Exposure to Toxic Chemicals
---------------------------------------------------------
JOSEF H. HUGHES and ASHLEY BREED, his wife, Plaintiffs v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA LUSS., INC.;
ARKEMA, INC.; BUCK EYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC. DEEPWATER CHEMICALS INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDIE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
Successor-in-interest to the Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and ABC CORPORATIONS (1-50), Defendants, Case
No. 2:24-cv-07037-RMG (D.S.C., December 4, 2024) is an action for
damages for personal injuries resulting from exposure to aqueous
film-forming foams containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances that include, but is
not limited to, perfluorooctanoic acid and perfluorooctane sulfonic
acid and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff Josef H. Hughes regularly used, and was thereby directly
exposed to, AFFF in training and to extinguish fires during his
working career in the U.S. Navy. He was diagnosed with thyroid
disease and/or other medical related conditions as a result of
exposure to Defendants' AFFF products, the suit alleges.
Plaintiff, Ashley Breed, is the legal spouse and wife of Plaintiff,
Josef H. Hughes. As the direct and proximate result of the
previously-pled wrongful acts and omissions of the Defendants,
Plaintiff Breed, has lost and will lose the services, society and
consortium of her husband, and asserts any and all remedies
available under any statutory or common law causes of action, or
rights against each Defendant.
The Hughes case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
KEEFE LAW FIRM, LLC
2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623
Red Bank, NJ 07701
Telephone: (732) 224-9400
MDL 2873: McGuire Suit Alleges Exposure to Toxic Chemicals
----------------------------------------------------------
ZACH MCGUIRE and ANGELICA MCGUIRE, his wife, Plaintiffs v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA LUSS., INC.;
ARKEMA, INC.; BUCK EYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC. DEEPWATER CHEMICALS INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDIE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
Successor-in-interest to the Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and ABC CORPORATIONS (1-50), Defendants, Case
No. 2:24-cv-07038-RMG (D.S.C., December 4, 2024) is an action for
damages for personal injuries resulting from exposure to aqueous
film-forming foams containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances that include, but is
not limited to, perfluorooctanoic acid and perfluorooctane sulfonic
acid and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff Zach McGuire regularly used, and was thereby directly
exposed to, AFFF in training and to extinguish fires during his
working career in the U.S. Navy. He was diagnosed with thyroid
disease and/or other medical related conditions as a result of
exposure to Defendants' AFFF products, the suit alleges.
Plaintiff, Angelica McGuire, is the legal spouse and wife of
Plaintiff, Zach McGuire. As the direct and proximate result of the
previously-pled wrongful acts and omissions of the Defendants,
Plaintiff, Angelica McGuire, has lost and will lose the services,
society and consortium of her husband and asserts any and all
remedies available under any statutory or common law causes of
action, or rights against each Defendant.
The McGuire case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
KEEFE LAW FIRM, LLC
2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623
Red Bank, NJ 07701
Telephone: (732) 224-9400
MDL 2873: McManis Alleges Injury Due to Toxic Chemical Exposure
---------------------------------------------------------------
RICHARD JAMES MCMANIS, Plaintiff v. 3M COMPANY (f/k/a Minnesota
Mining and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.;
ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.;
ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD
INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE
LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07209-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The McManis case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Nettles Alleges Injury Over Toxic Chemical Exposure
-------------------------------------------------------------
ANTHONY DANIEL NETTLES, Plaintiff v. 3M COMPANY (f/k/a Minnesota
Mining and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.;
ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.;
ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD
INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE
LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07220-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, Plaintiff was
diagnosed with with thyroid disease, which has caused Plaintiff to
suffer severe personal injuries, pain, suffering, and emotional
distress, the suit alleges.
The Nettles case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Schindler Sues Over Exposure to Toxic Chemicals
---------------------------------------------------------
ALBERT SCHINDLER, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.;
CHEMICALS INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.;
CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.;
DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT
INC.); DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY;
FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY
LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07225-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, Plaintiff was
diagnosed with testicular cancer, which has caused Plaintiff to
suffer severe personal injuries, pain, suffering, and emotional
distress, the suit alleges.
The Schindler case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Stuckey Suit Alleges Illness Due to Toxic Foam Exposure
-----------------------------------------------------------------
JASON STUCKEY, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA INC.;
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.L. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC., Defendants, Case No.
2:24-cv-07228-RMG (D.S.C., December 11, 2024) is an action for
damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS) that includes, but is not limited
to, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid
(PFOS) and related chemicals including those that degrade to PFOA
and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter. As a result of
his exposure to Defendants' AFFF and TOG products, the Plaintiff
was diagnosed with thyroid disease, which has caused him to suffer
severe personal injuries, pain, suffering, and emotional distress,
the suit alleges.
The Stuckey case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
MDL 2873: Toxic Chemical Exposure Caused Death, Krug Suit Alleges
-----------------------------------------------------------------
ROSE KRUG, as heir to the Estate of MARK KRUG, deceased, Plaintiff
v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company);
AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX
CORPORATION; ARCHROMA USS., INC.; ARKEMA INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.;
CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION;
CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.;
DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.L. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE
PLC, INC.; L.N. CURTIS & SONS; LION GROUP, INC.; MILLIKEN &
COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET
MANUFACTURING COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES,
INC; SOUTHERN MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORP., INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED;
W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC.,
Defendants, Case No. 2:24-cv-07740-RMG (D.S.C., December 11, 2024)
is an action for damages for personal injury resulting from
exposure to aqueous film-forming foams (AFFF) and firefighter
turnout gear (TOG) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (PFAS) that includes,
but is not limited to, perfluorooctanoic acid (PFOA) and
perfluorooctane sulfonic acid (PFOS) and related chemicals
including those that degrade to PFOA and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the Decedent
in their intended manner, without significant change in the
products' condition. The Decedent was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Decedent's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff Mark Krug ("Decedent") was, at the time of death, an
adult resident and citizen of Nicktown, Pennsylvania. The Decedent
regularly used, and was thereby directly exposed to, AFFF and TOG
in training and to extinguish fires during his working career as a
military and/or civilian firefighter. Prior to death, the Decedent
was diagnosed with kidney cancer as a result of exposure to
Defendants' AFFF and TOG products. The complaint asserts that
Decedent's diagnosis caused and/or contributed to his death. He
passed away on approximately December 26, 2022.
Plaintiff Rose Krug is the mother and heir to the estate of Mark
Krug.
The Krug case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
MDL 2873: Toxic Foam Exposure Resulted to Death, Pelayo Suit Says
-----------------------------------------------------------------
ARESNIO PELAYO, as heir to the Estate of WILLIAM PELAYO, deceased,
Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT;
AMEREX CORPORATION; ARCHROMA USS., INC.; ARKEMA INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.;
CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION;
CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.;
DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.L. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE
PLC, INC.; L.N. CURTIS & SONS; LION GROUP, INC.; MILLIKEN &
COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET
MANUFACTURING COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES,
INC; SOUTHERN MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORP., INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED;
W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC.,
Defendants, Case No. 2:24-cv-07224-RMG (D.S.C., December 11, 2024)
is an action for damages for personal injury resulting from
exposure to aqueous film-forming foams (AFFF) and firefighter
turnout gear (TOG) containing the toxic chemicals collectively
known as per and polyfluoroalkyl substances (PFAS) that includes,
but is not limited to, perfluorooctanoic acid (PFOA) and
perfluorooctane sulfonic acid (PFOS) and related chemicals
including those that degrade to PFOA and/or PFOS.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the Decedent
in their intended manner, without significant change in the
products' condition. The Decedent was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Decedent's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff William Pelayo ("Decedent") was, at the time of death, an
adult resident and citizen of Aiea, Hawaii. The Decedent was
exposed to PFAS chemicals through drinking water both at home and
at their place of work due to contamination on behalf of
defendants' PFAS products and potential AFFF sources. Prior to
death, the Decedent was diagnosed with liver cancer as a result of
exposure to Defendants' PFAS contamination. The complaint asserts
that Decedent's diagnosis caused and/or contributed to his death.
He passed away on approximately December 14, 2022.
Plaintiff Arsenio Pelayo is the Sibling and Heir to the Estate of
William Pelayo.
The Pelayo case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
MDL 2992: Swope Must Be at Class Cert Hearing Telephonically
------------------------------------------------------------
In the class action lawsuit re Bank of America California
Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB
(S.D. Cal.), the Hon. Judge Gonzalo Curiel entered an order that:
1. Plaintiffs' ex parte motion for Karin B. Swope to appear at
Plaintiffs' motion for class certification telephonically,
is granted.
2. Karin B. Swope may appear at the hearing on Plaintiffs'
motion for Class Certification telephonically. The Court
will email her with the call-in number.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OckTOh at no extra
charge.[CC]
MEAD JOHNSON: Bid to Dismiss Seutter Class Suit Tossed
------------------------------------------------------
In the class action lawsuit captioned as AMANDA SEUTTER and
BRITTANY YELLE, individually and on behalf of a class of similarly
situated individuals, v. MEAD JOHNSON NUTRITION COMPANY and MEAD
JOHNSON & COMPANY, LLC, Case No. 0:24-cv-02179-JRT-DJF (D. Minn.),
the Hon. Judge John Tunheim entered an order denying Defendants'
motion to dismiss.
Some issues raised in Defendants' Motion to Dismiss are better
suited for argument at class certification once the parties have
had an opportunity to engage in some discovery. So, for now, the
Court will deny the Motion to Dismiss in full.
The Court declines to apply the doctrine of primary jurisdiction.
It also finds sufficient standing for slight variations of Enfamil
not bought by Plaintiffs and for injunctive relief.
Finally, the Court finds that Plaintiffs have stated a claim for
fraudulent omission, have met pre-suit notification requirements
for implied breach of warranty, and may plead unrich enrichment in
the alternative.
The Plaintiffs allege that Mead Johnson's Enfamil products contain
the "Heavy Metals" arsenic, cadmium, and lead.
Named Plaintiffs bring this action, which includes eight state law
causes of action, on behalf of the following Class:
"All persons who are residents of Minnesota who, from May 1,
2018, to the present, purchased the Infant Formulas in
Minnesota for household use, and not for resale."
Mead Johnson is a manufacturer of infant formula.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=uHWwjf at no extra
charge.[CC]
The Plaintiffs are represented by:
Catherine Anne Peterson, Esq.
Rebecca A. Peterson, Esq.
GEORGE FELDMAN MCDONALD, PLLC
1650 West Eighty-Second Street, Suite 880
Bloomington, MN 55431
- and -
Krista Freier, Esq.
Robert K. Shelquist, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
- and -
Catherine Sung-Yun K. Smith, Esq.
Daniel E. Gustafson, Esq.
Shashi K. Gowda, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
- and -
Jason D. Gustafson, Esq.
THRONDSET MICHENFELDER LLC
80 South Eighth Street, Suite 900
Minneapolis, MN 55402
- and -
Kara A. Elgersma, Esq.
Kenneth A. Wexler, Esq.
WEXLER BOLEY & ELGERSMA LLP
311 South Wacker Drive, Suite 5450
Chicago, IL, 60606
The Defendants are represented by:
Ethan W. Weber, Esq.
Jennifer L. Mesko, Esq.
TUCKER ELLIS LLP
950 Main Avenue, Suite 1100
Cleveland, OH, 44113
- and -
George W. Soule, Esq.
SOULE & STULL LLC
7201 Metro Boulevard, Suite 200
Edina, MN 55439
MEDUSIND INC: Faces Owings Suit Over Data Breach
------------------------------------------------
ASHLEY OWINGS, individually, and on behalf of all others similarly
situated, Plaintiff v. MEDUSIND, INC., Defendant, Case No.
1:25-cv-20117 (S.D. Fla., January 9, 2025) arises from the public
exposure of the confidential, private information of Defendant's
current and former patients, personally identifying information and
protected health information, including that of Plaintiff's and the
Class Members due to the occurrence of a data breach.
Although the Defendant purportedly discovered the data breach on
December 29, 2023, it failed to immediately notify and warn
Plaintiff and other current and former patients. The Defendant
waited more than one year to provide written notice to Plaintiff
and the proposed Class, the suit asserts.
As a direct and proximate result of Defendant's failures to protect
current and former patients' sensitive personal information and
warn them promptly and fully about the data breach, the Plaintiff
and the proposed Class Members have suffered widespread injury and
damages necessitating Plaintiff seeking relief on a class wide
basis, says the suit.
Medusind Inc. is a revenue cycle management company that provides
billing support to health care organizations.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Joseph Kanee, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave.,
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
joseph@edelsberglaw.com
METROPOLITAN COUNCIL: Fiorito Suit Removed to D. Minnesota
----------------------------------------------------------
The case styled as Michael Fiorito, on behalf of himself and all
others similarly situated v. Metropolitan Council, Delta Airlines,
Sun Country Airlines, Case No. 19-cv-2929 was removed from the
Fourth Judicial District of Minnesota (Hennepin County), to the
U.S. District Court for the District of Minnesota on Jan. 17, 2025,
and assigned Case No. 0:25-cv-00213-DSD-SGE.
The claims of relief alleged in the State Action against
Metropolitan Council arise under the federal Americans with
Disabilities Act and the federal Rehabilitation Act.[BN]
The Defendants are represented by:
Rachel A. Kitze Collins, Esq.
Jennifer L. M. Jacobs, Esq.
R. David Hahn, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave. South, Suite 2200
Minneapolis, MN 55401
Phone: (612) 339-6900
Email: rakitzecollins@locklaw.com
jlmjacobs@locklaw.com
rdhahn@locklaw.com
MGM RESORTS: Gil Sues Over Hotel's Architectural Barriers
---------------------------------------------------------
JUAN CARLOS GIL, Plaintiff v. MGM RESORTS INTERNATIONAL, a Delaware
corporation; YRL ASSOCIATES, L.P., a New York limited partnership;
MGM YONKERS, INC., a New York corporation; MGM LESSEE, INC., a New
York corporation; MGP YONKERS REALTY SUB, LLC, a Delaware limited
liability company; and MGM DEV, LLC, a Delaware limited liability
company, Defendants, Case No. 7:25-cv-00160 (S.D.N.Y., January 8,
2025) is an action for injunctive and declaratory relief,
attorneys' fees and costs pursuant to Title III of the Americans
with Disabilities Act of 1990, as amended, and the regulations
implementing the ADA, and for claims under New York State Human
Rights Law.
The Defendants own, lease, and/or operate, inter alia, a casino,
racetrack, and/or restaurants at the Commercial Property, which is
held out to the public as "Empire City Casino Yonkers Raceway."
According to the complaint, the Defendants refused to update or
remove access barriers to the Commercial Property, causing the
Commercial Property to be inaccessible to Plaintiff. This
inaccessibility denies Plaintiff and other disabled patrons the
full and equal access to the facilities, goods and services that
Defendants made available to the non-disabled public. A list of the
violations that Plaintiff encountered during his visits to
Defendants' Commercial Property involved parking and exterior
routes; tables, counters & lines; toilet rooms; and hotel guest
rooms.
The Plaintiff suffers optic nerve damage, is legally blind, suffers
from cerebral palsy, is unable to walk, and is confined to a
wheelchair.[BN]
The Plaintiff is represented by:
Joseph M. Horn, Esq.
LAW OFFICE OF JOSEPH M. HORN LLC
580 Sylvan Avenue, Suite 1-G
Englewood Cliffs, NJ 07632
Telephone: (201) 884-6000
Facsimile: (201) 205-1382
MIDDLE WEST: Fagnani Sues Over Blind-Inaccessible Website
---------------------------------------------------------
Mykayla Fagnani, Individually and as the representative of a class
of similarly situated persons v. MIDDLE WEST ENTERPRISES, INC.,
Case No. 1:25-cv-00385 (S.D.N.Y., Jan. 15, 2025), is brought this
civil rights action against the Defendant for their failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://usehuron.com/, including all portions thereof or accessed
thereon (collectively, the "Website" or "Defendant's Website"), is
not equally accessible to blind and visually-impaired consumers, it
violates the ADA. Plaintiff seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that Defendant's Website will become and remain accessible to
blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using the
computer.
MIDDLE WEST ENTERPRISES, INC., operates the Use Huron online retail
store, as well as the Use Huron interactive Website and advertises,
markets, and operates in the State of New York and throughout the
United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
MODHESHWARI LLC: Cheli Sues Over ADA Non-Compliant Facilities
-------------------------------------------------------------
CHARLENE CHELI, an individual Plaintiff v. MODHESHWARI, L.L.C., a
New Jersey Limited Liability Company, Defendant, Case No.
1:25-cv-00199 (D.N.J., January 8, 2025) is a class action seeking
for injunctive relief, damages, attorney's fees, litigation
expenses, and costs pursuant to the Americans with Disabilities Act
and the New Jersey Law Against Discrimination.
The Plaintiff alleges that the Defendant has discriminated against
the Plaintiff, and other similarly situated mobility impaired
persons, by denying access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of Defendant's property, as prohibited by the ADA.
Modheshwari, L.L.C. operates the a hotel known as Quality Inn,
which is located at 29 W Landis Avenue, Vineland, NJ. [BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
2220 N. East Ave
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
MOLINA HEALTHCARE: Ramey TCPA Suit Seeks to Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as LAUREN E. RAMEY,
individually and on behalf of all others similarly situated, v.
MOLINA HEALTHCARE INC., Case No. 3:23-cv-05768-RAJ (W.D. Wash.),
the Plaintiff asks the Court to enter an order certifying a class
of persons who received prerecorded calls from Molina Healthcare to
their cellular telephone numbers despite having previously
requested that Molina not call them -- i.e., without consent—in
violation of the Telephone Consumer Protection Act's robocalls
provision.
Accordingly, the case is well-suited for class certification
because the central and determinative issues in this case will all
be resolved based on common, class wide proof, including documents,
data, and testimony from Molina and Plaintiff Ramey's telephony and
database expert, and without regard for the experiences of
individual class members. Class certification is therefore
warranted.
The Plaintiff Ramey requests that the Court grant class
certification; appoint her as representative of the class; appoint
Kaufman P.A. as class counsel; and establish a deadline for
submission of a proposed class notice and notice plan.
Mr. Ramey seeks certification of the following class:
"All persons in the United States who (1) from Aug. 24, 2022
through the date of class certification, (2) Molina called
using the Genesys dialer, (3) resulting in one or more calls
with a "CallRecordLastResult-Phone" field and
"CallRecordLastAgentWrapup-Phone" field of "Voicemail" (4) on
their cellular telephone numbers that had not been ported in
the 15 days prior to the call and (5) on a date after Molina’s
records reflect a request to Molina to stop calling."
Molina offers health plans in California, Washington, Utah, and
Michigan.
A copy of the Plaintiff's motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=D3RrSq at no extra
charge.[CC]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, Floor 4
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
- and -
Eric Draluck, Esq.
271 Winslow Way E., #11647
Bainbridge Island, WA 98110
Telephone (206) 605-1424
E-mail: eric@dralucklaw.com
MP2 ENTERPRISES: Precertification Class Discovery Order Entered
---------------------------------------------------------------
In the class action lawsuit captioned as Rebecca Brandi-Vanmeter,
v. MP2 Enterprises, LLC; Bryant Peterson; Layne Peterson; Doe
Corporation 1-10; John Doe 1-10, Case No. 4:23-cv-00081-DN-PK (D.
Utah), the Hon. Judge David Nuffer entered an order for
precertification discovery of the arbitration agreements:
The Plaintiff Rebecca Brandi-Vanmeter filed a motion that requests
the certification of four Rule 23 subclasses of pizza delivery
drivers that were allegedly being paid below minimum wage.
The Defendants filed a Response arguing that certification should
be denied because of MP2 Enterprises' practice of having employees
sign binding arbitration agreements.
The Plaintiff filed a Reply in support of its Motion and in
opposition to Defendants' Response. Based on the parties' filings
and the evidence in the record, precertification discovery of MP2
Enterprises' arbitration agreements is ordered.
Pre-certification discovery of these arbitration agreements will
allow determination that Plaintiff has (or has not) met the Rule
requirements for each subclass. Additionally, the costs Defendants
will incur from producing the 147 arbitration agreements are
proportional to the needs of the case because these disclosures
could prevent certification and may lead to the dismissal of the
lawsuit.
The Defendants shall file four charts that contain information on
each of the 147 delivery drivers that consented to join this
lawsuit.
Specifically, the Defendants shall file one chart for each of the
four states that lists the delivery drivers that worked in each of
the four states (i.e., Utah, Nevada, Arizona, and Alaska). Each
chart shall list the drivers in the order of the date when they
signed the arbitration agreement with Defendants.
The Plaintiff alleges that she and other similarly situated
delivery drivers were paid under federal and state minimum wage
rates because they were reimbursed below the IRS standard
reimbursement rate for their delivery driver expenditures, such as
gasoline, insurance, and automobile maintenance.
On May 14, 2024, conditional certification of an Fair Labor
Standards Act (FLSA) Collective Action was granted and Defendants
were ordered to provide Plaintiff with the contact information of
potential opt-in plaintiffs.
MP2 operates Pizza Hut locations in Alaska, Arizona, Utah, and
Nevada.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CMjOFt at no extra
charge.[CC]
NATIONS CREDIT: Salaiz Files TCPA Suit in W.D. Tex.
---------------------------------------------------
A class action has been filed against Nations Credit Solutions Inc.
The case is captioned as Erik Salaiz, on behalf of himself and all
others similarly situated v. Nations Credit Solutions Inc., a
Delaware Corporation, Case No. 3:24-cv-00444-DB (W.D. Tex.,
December 11, 2024).
The case arises from the Defendant's alleged violation of the
Telephone Consumer Protection Act.
The suit is assigned to Judge David Briones.
Nations Credit Solutions Inc. is engaged in credit and debt
counseling.[BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM, LLC
6090 Surety Dr., #304
El Paso, TX 79928
Telephone: (330) 329-6753
E-mail: omar@darwichlegal.com
NATIONSTAR MORTGAGE: Agrees to Settle Homeowners' Suit for $5.8MM
-----------------------------------------------------------------
Top Class Actions reports that Nationstar Mortgage agreed to pay
$5.8 million to resolve claims it violated mortgage servicing laws,
costing some borrowers to lose their homes to foreclosure.
The Nationstar settlement benefits two groups of affected
homeowners: the service transfer population and the property
preservation population.
The service transfer population includes borrowers whose loans were
transferred in bulk to Nationstar for servicing between Feb. 1,
2011, and Dec. 18, 2017, whose loans became 30 days delinquent
within 90 days of the service transfer and whose delinquency
resulted in foreclosure.
The property preservation population includes borrowers whose
property was subject to a Nationstar inspection, determined to be
vacant and had the lock changed between June 24, 2011, and Dec. 29,
2017, where the borrower requested access to the property within 30
days of the initial lock change or the property was reported as
occupied through a subsequent inspection within 90 days of the
initial lock change.
According to claims from state attorneys and mortgage regulators,
Nationstar violated the law by committing numerous service errors
and abuses. These alleged illegal Nationstar Mortgage servicing
actions reportedly caused financial harm to borrowers with some
homeowners even losing their homes.
Nationstar Mortgage d/b/a Mr. Cooper is a mortgage company that
offers home loans, refinancing and other mortgage services.
Nationstar reached the $5.8 million settlement with the attorneys
general and mortgage regulators from 50 states. The
mortgage-servicing company agreed to similar settlements in the
past, including an ACH settlement and a convenience fee
settlement.
Under the terms of the Nationstar settlement, borrowers may be
eligible for a cash payment based on which settlement group they
qualify for.
Borrowers who lost their homes to foreclosure as part of the
service transfer population may be eligible for a cash payment to
remedy the reduction in proceeds deemed realized by borrowers for
tax purposes from the foreclosure sale of their residential
properties.
Borrowers in the property preservation population may be eligible
for a cash payment to reimburse them for expenses incurred as a
result of being locked out of their homes.
The settlement website does not include payment estimates though
class members may have received a minimum payment estimate in the
second sentence of the letter they received informing them of the
settlement. Actual payments may be larger than this amount but will
not be less.
There was no exclusion or objection deadline for the settlement.
The Nationstar Mortgage servicing settlement was finalized with a
consent judgment on Dec. 8, 2020.
The deadline for borrowers to submit a claim form is March 3,
2025.
Who's Eligible
Borrowers whose loans were transferred in bulk to Nationstar for
servicing between Feb. 1, 2011, and Dec. 18, 2017, that became 30
days delinquent within 90 days of the service transfer and whose
delinquency subsequently resulted in dispossession of the property
in foreclosure.
Borrowers whose property was subject to a property inspection by
Nationstar or its agent and determined to be vacant and, as a
result of that determination, Nationstar or its agent changed the
lock on the property between June 24, 2011, and Dec. 29, 2017, and
either within 30 days of the initial lock change the borrower
requested access to the property or within 90 days of the initial
lock change the property was reported as occupied through a
subsequent inspection.
Potential Award
TBD
Proof of Purchase
N/A
Claim Form Deadline
03/03/2025
Case Name
The State of Alabama, et al. v. Nationstar Mortgage LLC d/b/a Mr.
Cooper, Case No. 1:20-cv-03551, in the U.S. District Court for the
District of Columbia
Final Hearing
12/08/2020
Settlement Website
NationalNationstarSettlement.com
Claims Administrator
(866) 404-0137
Class Counsel
Olivia Martin
OFFICE OF THE ALABAMA ATTORNEY GENERAL
Ian Engelbeck
ALASKA DEPARTMENT OF LAW
Matthew du Mee
ARIZONA ATTORNEY GENERAL'S OFFICE
Johnathan R Carter
ARKANSAS ATTORNEY GENERAL'S OFFICE
Tina Charoenpong
OFFICE OF THE CALIFORNIA ATTORNEY GENERAL
Jennifer Miner Dethmers
COLORADO DEPARTMENT OF LAW
Joseph Chambers
CONNECTICUT OFFICE OF THE ATTORNEY GENERAL
Michael Clarke
DELAWARE DEPARTMENT OF JUSTICE
Benjamin Wiseman
OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA
Sasha Funk Granai
OFFICE OF THE ATTORNEY GENERAL FOR THE STATE OF FLORIDA
Alkesh Patel
GEORGIA DEPARTMENT OF LAW
James C Paige
HAWAII DEPARTMENT OF THE ATTORNEY GENERAL
Stephanie Guyon
IDAHO ATTORNEY GENERAL'S OFFICE
Andrew Dougherty
ILLINOIS ATTORNEY GENERAL'S OFFICE
Scott Barnhart
INDIANA ATTORNEY GENERAL'S OFFICE
Patrick Madigan
IOWA ATTORNEY GENERAL'S OFFICE
Kate Carter
KANSAS ATTORNEY GENERAL'S OFFICE
Don Rodgers
KENTUCKY ATTORNEY GENERAL'S OFFICE
Arham Mughal
LOUISIANA DEPARTMENT OF JUSTICE
Linda Conti
MAINE ATTORNEY GENERAL'S OFFICE
Shelly M. Martin
MARYLAND OFFICE OF THE ATTORNEY GENERAL
Michael Lecaroz
MASSACHUSETTS ATTORNEY GENERAL'S OFFICE
Kathy Fitzgerald
MICHIGAN ATTORNEY GENERAL'S OFFICE
Caitlin Micko
MINNESOTA ATTORNEY GENERAL'S OFFICE
Seth Shannon
MISSISSIPPI ATTORNEY GENERAL'S OFFICE
Michael Schwalbert
MISSOURI ATTORNEY GENERAL'S OFFICE
Chuck Munson
MONTANA DEPARTMENT OF JUSTICE
Jocelyn Brasher
NEBRASKA ATTORNEY GENERAL'S OFFICE
Sheri Ann Forbes
NEVADA ATTORNEY GENERAL'S OFFICE
Robert F Adams
NEW HAMPSHIRE DEPARTMENT OF JUSTICE
Donna J Dorgan
NEW JERSEY DIVISION OF LAW
Lisa Giandomenico
NEW MEXICO OFFICE OF THE ATTORNEY GENERAL
Jane M Azia
NEW YORK STATE ATTORNEY GENERAL'S OFFICE
Keith Clayton
NORTH CAROLINA DEPARTMENT OF JUSTICE
Parrell D Grossman
NORTH DAKOTA OFFICE OF THE ATTORNEY GENERAL
Tracy Morrison Dickens
OHIO ATTORNEY GENERAL'S OFFICE
Malisa McPherson
OKLAHOMA OFFICE OF THE ATTORNEY GENERAL
Althea Cullen
OREGON DEPARTMENT OF JUSTICE
Nicholas F B Smyth
PENNSYLVANIA OFFICE OF ATTORNEY GENERAL
David Marzilli
RHODE ISLAND OFFICE OF THE ATTORNEY GENERAL
Jared Q Libet
SOUTH CAROLINA ATTORNEY GENERAL'S OFFICE
Philip D Carlson
SOUTH DAKOTA ATTORNEY GENERAL'S OFFICE
Travis Brown
TENNESSEE ATTORNEY GENERAL'S OFFICE
Richard L Bischoff
TEXAS ATTORNEY GENERAL'S OFFICE
Sean D Reyes
OFFICE OF THE UTAH ATTORNEY GENERAL
James Layman
VERMONT ATTORNEY GENERAL'S OFFICE
Tanya L. Godfrey
WEST VIRGINIA ATTORNEY GENERAL'S OFFICE
Colin R Stroud
WISCONSIN DEPARTMENT OF JUSTICE
Benjamin M Burningham
WYOMING ATTORNEY GENERAL'S OFFICE
Defense Counsel
N/A [GN]
NIKE RETAIL: Cruz Bid for Class Certification Partly OK'd
---------------------------------------------------------
In the class action lawsuit captioned as ADRIANA CRUZ, individually
and on behalf of all those similarly situated, v. NIKE RETAIL
SERVICES INC., and DOES 1 through 50, inclusive, Case No.
3:23-cv-00874-L-KSC (S.D. Cal.), the Hon. Judge M. James Lorenz
entered an order as follows:
1. Plaintiff's motion for class certification is granted in
part and denied in part;
2. The Court denies certification for the missed and late meal
break subclasses.
3. The Court certifies the following class of California
consumers pursuant to Rule 23(a) and (b)(3) to recover
monetary relief:
"All individuals employed by Defendant in California and
classified as non-exempt employees during the period March
24, 2019, to the date of the order granting Class
Certification shown in Defendant's payroll records to have
been paid a Milestone Bonus and overtime wages.
4. Plaintiff's derivative claim pursuant to California Business
and Professions code section 17200 may proceed. Plaintiff's
derivative claims pursuant to violations of California Labor
Code section 203 and Labor Code section 226 are not
certified.
5. Plaintiff Adriana Cruz is appointed class representative for
the certified class.
6. Plaintiff's counsel Kyle R. Nordrehaug, Aparajit Bhowmik,
Christine T. LeVu, Victoria B. Rivapalacio, and Andrew G.
Ronan are appointed class counsel to represent the certified
class in this action.
7. Defendant's motion to strike is denied.
Because individual issues predominate, class treatment would not
"achieve economies of time, effort, and expense." Therefore, the
Court denies Plaintiff's motion to certify the late and missed meal
period subclasses.
Accordingly, the Plaintiff's failure to provide Nava's declaration
before close of discovery is substantially justified, therefore the
Court denies the motion to strike and considers the claim forms and
declaration.
Nike Retail was founded in 1985. The Company's line of business
includes the retail sale of men's, women's and children's
footwear.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6odstF at no extra
charge.[CC]
NOOD VENTURES: Faces Tran Suit Over Deceptive Sale Prices
---------------------------------------------------------
TIFFANY TRAN and KASANDRA HILL, individually and on behalf of all
others similarly situated, Plaintiffs v. NOOD VENTURES LLC and DOES
1–10, Defendant, Case No. 8:25-cv-00041 (C.D. Cal., January 9,
2025) is a case concerning deceptive representations and omissions
made by Defendant because of its misleading and unlawful pricing,
sales, and discounting practices on its website, trynood.com/,
which directly violate California Unfair Competition Law,
California's False Advertising Law, and the California Consumer
Legal Remedies Act.
The Defendant's website lists various items on sale or discount,
and picture a stricken purported former or prevailing market price
next to the current supposed "sale" price. However, the former or
prevailing market price listed next to the sales price is not
actually the former or prevailing market price at which the product
was sold in the previous three months. Instead, it is a false or
inflated price used to trick consumers into believing they are
receiving a discount on their purchase. It is false because the
item has not been listed for sale or sold on the website in the
previous three months at the listed former price, says the suit.
Accordingly, the Plaintiffs bring this civil action to put an end
to Defendant's illegal conduct. Through this class action lawsuit,
Plaintiffs seek monetary damages, restitution, and declaratory and
injunctive relief on behalf of the proposed Class.
Nood Ventures LLC sells and markets skin care and hair removal
products online through the Nood website.[BN]
The Plaintiffs are represented by:
Caleb Marker, Esq.
Jeff Westerman, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd, Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: jeff.westerman@zimmreed.com
caleb.marker@zimmreed.com
- and -
Charles Toomajian, III, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 S 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: charles.toomajian@zimmreed.com
- and -
Tyler B. Ewigleben, Esq.
JENNINGS PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
Telephone: (501) 372-1300
E-mail: tyler@jenningspllc.com
NVIDIA CORPORATION: Tucker Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Henry Tucker, on behalf of herself and all other persons similarly
situated v. NVIDIA CORPORATION, Case No. 1:25-cv-00444 (S.D.N.Y.,
Jan. 15, 2025), is brought against the Defendants for its failure
to design, construct, maintain, and operate its website to be fully
and equally accessible to and independently usable by Plaintiff and
other blind or visually impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its services offered thereby, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act.
Because the Defendant's interactive website,
https://www.nvidia.com/en-us, (the "Website" or "Defendant's
website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. The Plaintiff seeks a permanent
injunction to cause a change in the Defendant's corporate policies,
practices, and procedures so that the Defendant's website will
become and remain accessible to blind and visually-impaired
consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
NVIDIA CORPORATION, operates the Nvidia online retail store, as
well as the Nvidia interactive Website and advertises, markets, and
operates in the State of New York and throughout the United
States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
OFFICE DEPOT: McGonigle Files TCPA Suit in S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Office Depot, LLC.
The case is styled as Andrew James McGonigle, on behalf of himself
and others similarly situated v. Office Depot, LLC, Case No.
9:25-cv-80069-RLR (S.D. Fla., Jan. 17, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Office Depot, Inc. -- https://www.officedepot.com/ -- is an
American office supply retailer headquartered in Boca Raton,
Florida.[BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN PA
400 NW 26th Street
Miami, FL 33127
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
- and -
Avi Robert Kaufman, Esq.
KAUFMAN P.A.
31 Samana Drive
Miami, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
OKTA INC: Esparza Sues Over Invasion of Data Privacy
----------------------------------------------------
Miguel Esparza, individually and on behalf of all others similarly
situated v. OKTA, INC., a Delaware corporation, d/b/a OKTA.COM,
Case No. 24STCV33830 (Cal. Super. Ct., Los Angeles Cty., Dec. 20,
2024), is brought violation the California Invasion of Privacy Act
("CIPA") as a result of the Defendant's invasion of data privacy.
The Defendant created its own online presence at okta.com (the
"Website") to communicate with potential customers, encouraging
engagement with this electronic medium--Defendant's Website--as an
alternative to the telephonic or in-person interaction. The
Defendant did this to enable potential customers to obtain
information from and about Defendant's products, and to enable
Defendant to elicit information from potential customers about
their specific needs and desires.
The Defendant well understands that its Website is a means to
communicate privately with potential customers--a consumer
expectation that is not only reasonable, but actively nurtured by
Defendant. Indeed, Defendant assures visitors that "data privacy is
important to us."
The Defendant's promise is false. In reality, Defendant secretly
allows a third-party spyware company to eavesdrop on the private
conversations of everyone who communicates through the chat feature
on the Website, says the complaint.
The Plaintiff visited Defendant's Website and conducted a brief
conversation through the Website's chat feature, sharing personal
information in the process.
The Defendant is a company that sells an identity security platform
via its website.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
ONEBLOOD INC: Henderson Sues Over Unauthorized Access of Info
-------------------------------------------------------------
MATTHEW HENDERSON, individually and on behalf of all others
similarly situated, Plaintiff v. ONEBLOOD, INC., Defendant, Case
No. 6:25-cv-00081 (M.D. Fla., January 17, 2025) is a class action
against the Defendant for negligence, breach of implied contract,
invasion of privacy, unjust enrichment, and breach of fiduciary
duty.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
network systems following a data breach between July 14, and July
29, 2024. The Defendant 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, says the suit.
OneBlood, Inc. is a non-profit organization that collects,
processes, and distributes blood and blood products to hospitals
and patients in Florida, Alabama, Georgia, and the Carolinas. [BN]
The Plaintiff is represented by:
Joshua Jacobson, Esq.
478 E. Altamonte Dr., Ste. 108
Altamonte Springs, FL 32701
Telephone: (407) 720-4057
Facsimile: (407) 612-2206
Email: joshua@jacobsonphillips.com
- and -
Raina Borrelli, Esq.
STRAUSS BORRELLI, PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: raina@straussborrelli.com
ONEBLOOD INC: Townley Files Suit in M.D. Florida
------------------------------------------------
A class action lawsuit has been filed against Oneblood, Inc. The
case is styled as Sherry Townley, on behalf of herself and all
others similarly situated v. Oneblood, Inc., Case No. 6:25-cv-00080
(M.D. Fla., Jan. 17, 2025).
The nature of suit is stated as Other P.I. for Tort/Non-Motor
Vehicle.
OneBlood -- https://www.oneblood.org/ -- is an innovative blood
center that provides safe blood products to over 200 hospital
partners..[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Phone: (954) 647-1866
Email: mweekes@milberg.com
OPTUM INC: Faces Suit Over Unlawful Disclosure of Private Info
--------------------------------------------------------------
JOHN DOE, individually and on behalf of others similarly situated,
Plaintiff v. OPTUM, INC., Defendant, Case No. 3:25-cv-00044-JLB
(S.D. Cal., January 8, 2025) seeks for legal and equitable remedies
resulting from Defendant's illegal actions of aiding, employing,
agreeing, and conspiring with various third parties to intercept
sensitive and confidential communications sent and received by
Plaintiff and class members.
The said communications contained protected medical information.
Accordingly, the Plaintiff now asserts claims for violations of the
Electronic Communications Privacy Act, the California Invasion of
Privacy Act, and the California Confidentiality of Medical
Information Act.
Headquartered in Eden Prairie, MN, Optum, Inc. is a healthcare
company that operates the website www.optum.com. [BN]
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino del Rio S, Ste 308
San Diego, CA 92108
Telephone: (866) 219-3343
Facsimile: (866) 219-8344
E-mail: Josh@SwigartLawGroup.com
PACIFIC COAST: Bernal Suit Alleges Unlawful Labor Practices
-----------------------------------------------------------
MEREDITH BERNAL, an individual, on behalf of all current and former
similarly situated employees in the State of California, Plaintiff
v. PACIFIC COAST JET, LLC, a California Limited Liability Company;
and DOES 1 through 20, inclusive, Defendants, Case No. 24CV102165
(Cal. Super., Alameda Cty., December 4, 2024) arises from the
Defendants' alleged unlawful labor practices in violation of the
California Labor Code and the California Business and Professions
Code.
The complaint alleges the Defendants' failure to pay all overtime
wages, failure to provide rest periods and pay missed rest period
premiums, failure to provide meal periods and pay missed meal
period premiums, failure to maintain accurate employment record,
failure to pay wages timely during employment, failure to furnish
accurate itemized wage statements, failure to reimburse expenses,
and unfair competition.
Plaintiff Bernal was hired by Defendant Pacific Coast Jet on
October 11, 2021, as an overnight flight coordinator or dispatcher,
misclassified as an exempt employee.
Pacific Coast Jet, LLC is an aircraft charter and management
company based in the Bay Area of Northern California.[BN]
The Plaintiff is represented by:
Aaron B. Fairchild, Esq.
Andrew S. Levine, Esq.
FAIRCHILD & LEVINE LLP
38 Corporate Park
Irvine, CA 92606
Tel: (949) 409-9005
Fax: (949) 208-9780
E-mail: aaron@fairchildlevine.com
drew@fairchildlevine.com
PALMCO ADMINISTRATION: Bid to Bifurcate Discovery in Nock Tossed
----------------------------------------------------------------
In the class action lawsuit captioned as ROBERT NOCK, on behalf of
himself and others similarly situated, v. PALMCO ADMINISTRATION,
LLC, et al., Case No. 1:24-cv-00662-RDB (D. Md.), the Hon. Judge
Mark Coulson entered an order denying Defendants' motion to
bifurcate discovery.
1) Pursuant to the Court's Nov. 27, 2024 Order, Defendants
shall produce all TPV.com data for all attempted and
successful enrollments between April and July of 2021
within 30 days of the entry of this Order;
2) Pursuant to the Court's Nov. 27, 2024 Order, the Defendants
shall, within 30 days of the entry of this Order, produce
either (1) all recordings for quality assurance calls for
door to door enrollment between April and July of 2021 or
(2) recordings for quality assurance calls for door to door
enrollment where the consumer indicated that the sales
agents telephoned them rather than visited them in person
between April and July of 2021; and
3) Pursuant to Rule 26(g) of the Federal Rules of Civil
Procedure, at least one attorney of record shall sign the
production to certify that the production is complete to
the best of the attorney's knowledge, information and
belief formed after a reasonable inquiry.
Permitting class and individual discovery to proceed simultaneously
will best allow the Court to comply with Federal Rule of Civil
Procedure 23's mandate that certification be decided at "an early
practicable time" and is in the interests of judicial economy.
While the Court acknowledges that Indra may expend more resources
in responding to discovery if bifurcation is denied, the
undersigned is also concerned that Plaintiff's case will be
prejudiced by further delay in this matter.
It seems the parties have engaged in concurrent individual and
class discovery for close to eight months, and it makes little
sense to change course now. Accordingly, the Court will deny
Defendants' Motion to Bifurcate Discovery.
PALMco is a family owned and operated energy supply company
offering electricity and natural gas to homes and businesses in
several states across the nation.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wLFGWe at no extra
charge.[CC]
PALMER CENTER: Property Has Architectural Barriers, Maurer Says
---------------------------------------------------------------
DENNIS MAURER, an Individual Plaintiff v. PALMER CENTER, LLC, a New
Jersey Limited Liability Company, & CVS PHARMACY, INC., a Rhode
Island Corporation, Defendants, Case No. 1:25-cv-00193 (D.N.J.,
January 8, 2025) is an action brought by the Plaintiff, on his own
behalf and on the behalf of all other similarly situated mobility
impaired persons, for injunctive relief, damages, attorney's fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act and the New Jersey Law Against Discrimination.
The Defendants own property/place of public accommodation -- known
as CVS -- is located at 1601-1611 Haven Avenue, Ocean City, New
Jersey.
According to the complaint, Plaintiff Maurer has visited the
Defendants' Property on numerous occasions over the years his last
visit as a patron of the Property occurred on or about October 20,
2024. Mr. Maurer has visited the Property as a bone fide patron
with the intent to avail himself of the goods and services offered
to the public within but found that the Property was rife with
violations of the ADA -- both in architecture and in policy, says
the suit.
The Plaintiff is an individual with disabilities as defined by and
pursuant to the ADA. Mr. Maurer has multiple sclerosis and
therefore has a physical impairment that substantially limits many
of his major life activities.
PALMER CENTER, LLC, owns a parcel of land which encompasses a place
of public accommodation alleged by the Plaintiff to be operating in
violation of Title III of the ADA and the LAD.[BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
2220 N. East Avenue
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
PARTS AUTHORITY: Seeks More Time to File Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as CECILE CASEY and RODNEY
FOUST, on behalf of themselves and all others similarly situated,
v. PARTS AUTHORITY, LLC, PARTS AUTHORITY, INC., NORTHEAST
LOGISTICS, INC. d/b/a Diligent and DAO LOGISTICS, INC. d/b/a
"Diligent Delivery Systems," Case No. 1:24-cv-02659-DLF (D.D.C.),
the Defendants ask the Court to enter an order granting an
extension of the deadline to respond to the Plaintiffs' motion for
Fair Labor Standards Act ("FLSA") and the District of Columbia
Minimum Wage Act ("DCMWA") conditional certification from Jan. 29,
2025 to Feb. 28, 2025.
The Parties have conferred, and the Plaintiffs consent to the
extension in exchange for the Defendants agreeing to toll the
statute of limitations that are applicable to the assertion of a
potential claim by the Plaintiffs or any potential Plaintiff in the
above-captioned action under the FLSA, or DCMWA against Parts
Authority and Diligent.
Parts Authority operates as a distributor of automotive and truck
parts to the aftermarket auto parts industry in the United States.
A copy of the Defendants' motion dated Jan. 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=g38z02 at no extra
charge.[CC]
The Defendants are represented by:
Lindsay C. Stone, Esq.
Lisa M. Lewis, Esq.
Ryan Munitz, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
30 Rockefeller Plaza
New York, NY 10112
Telephone: (212) 653-8700
Facsimile: (212) 653-8701
E-mail: lstone@sheppardmullin.com
lmlewis@sheppardmullin.com
rmunitz@sheppardmullin.com
PAYCOR INC: Johns Can File Class Cert Bid Under Seal
----------------------------------------------------
In the class action lawsuit captioned as Johns v. Paycor, Inc.,
Case No. 3:20-cv-00264 (S.D. Ill., Filed March 11, 2020), the Hon.
Judge David W. Dugan entered an order granting the Plaintiffs'
Unopposed Motion for:
-- Leave to file a reply memorandum in support of their amended
motion for class certification in excess of five pages, and
-- for Leave to File Under Seal.
The parties are directed to update the Court on any change to the
status of the sealed deposition testimony.
In support of the former Unopposed Motion, Plaintiffs indicate new
evidence and the numerous legal arguments raised by Defendant
necessitate 4 additional pages in reply.
In support of the latter Unopposed Motion, Plaintiffs indicate
Exhibit A to their Reply contains deposition testimony that,
pursuant to the Agreed Confidentiality Order entered at Doc. 49,
must be treated as confidential until 14 days after the delivery of
the deposition transcript or 60 days after the deposition
testimony.
Those periods of time have not yet lapsed; therefore, the
Plaintiffs request that the deposition testimony be filed under
seal until Defendant's time for designating that testimony has
lapsed.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Paycor operates as a software company. The Company provides
cloud-based on-boarding, human resources, payroll, and time-keeping
software solutions.[CC]
PAYPAL HOLDINGS: Redirects Content Creators' Pay, King Alleges
--------------------------------------------------------------
CAMERON KING, individually and on behalf of others similarly
situated, Plaintiff v. PAYPAL HOLDINGS, INC. and PAYPAL, INC.,
Defendants, Case No. 5:25-cv-00581 (N.D. Cal., January 16, 2025) is
a class action against the Defendants for unjust enrichment,
interference with a prospective economic advantage, conversion, and
violations of the Computer Fraud and Abuse Act, the California
Comprehensive Computer Data Access & Fraud Act, and the California
Unfair Competition Law.
The case arises from PayPal's alleged deceptive scheme known as
"cookie stuffing," a form online marketing fraud where a malicious
affiliate marketer, PayPal Honey, secretly places tracking cookies
on a user's browser, making it appear as if the user came to a
website through its affiliate link, even if the user did not. This
deceptive tactic has allowed PayPal to profit off of the
promotional efforts of online content creators like the Plaintiff
and Class members, by maliciously replacing the legitimate
affiliate cookies of the Plaintiff and Class members with PayPal's
own affiliate cookies just as users begin the checkout process. By
implementing this malicious cookie-stuffing scheme, PayPal is able
to poach the commissions of the Plaintiff and other online content
creators, says the suit.
PayPal Holdings, Inc. is a financial technology company
headquartered in San Jose, California.
PayPal, Inc. is a financial technology company headquartered in San
Jose, California. [BN]
The Plaintiff is represented by:
Christopher L. Lebsock, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
Telephone: (415) 633-1908
Email: clebsock@hausfeld.com
- and -
James J. Pizzirusso, Esq.
Amanda V. Boltax, Esq.
Ian E. Engdahl, Esq.
HAUSFELD LLP
888 16th Street N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
mboltax@hausfeld.com
iengdahl@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street
Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
Email: snathan@hausfeld.com
- and -
Joseph J. DePalma, Esq.
Catherine B. Derenze, Esq.
Collin J. Schaffhauser, Esq.
LITE DEPALMA GREENBERG & AFANADOR, LLC
570 Broad St., Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
Email: jdepalma@litedepalma.com
cderenze@litedepalma.com
cschaffhauser@litedepalma.com
- and -
Mindee J. Reuben, Esq.
LITE DEPALMA GREENBERG & AFANADOR, LLC
1515 Market Street, Suite 1200
Philadelphia, PA 19102
Telephone: (215) 854-4060
Email: mreuben@litedepalma.com
PAYPAL INC: Brevard Marketing Files Suit in E.D. Virginia
---------------------------------------------------------
A class action lawsuit has been filed against PayPal, Inc., et al.
The case is styled as Brevard Marketing LLC, individually and on
behalf of all others similarly situated v. PayPal, Inc., PayPal
Holdings, Inc., Case No. 5:25-cv-00573-VKD (E.D. Va., Jan. 16,
2025).
The nature of suit is stated as Other Fraud.
PayPal Holdings, Inc. -- https://www.paypal.com/ -- is an American
multinational financial technology company operating an online
payments system in the majority of countries.[BN]
The Plaintiff is represented by:
Adam E. Polk, Esq.
Dena C. Sharp, Esq.
Simon Seiver Grille, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: (415) 981-4800
Fax: (415) 981-4846
Email: apolk@girardsharp.com
dsharp@girardsharp.com
sgrille@girardsharp.com
The Defendant is represented by:
Clement S. Roberts, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105-2669
Phone: (415) 773-5700
Fax: (415) 773-5759
Email: croberts@orrick.com
- and -
Geoffrey Gavin Moss, Esq.
355 S. Grand Avenue, Ste 2700
Los Angeles, CA 90071
Phone: (213) 612-2373
Fax: (213) 612-2499
Email: gmoss@orrick.com
- and -
Paul Francis Rugani, Esq.
ORRICK, HERRINGTON & SUTCLIFFE
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017-5830
Phone: (213) 629-2020
Email: prugani@orrick.com
PENSKE LOGISTICS: Class Cert Filing in Nelson Modified to March 28
------------------------------------------------------------------
In the class action lawsuit captioned as TERRY NELSON, an
individual, on behalf of himself and all others similarly situated,
v. PENSKE LOGISTICS LLC, a Delaware corporation; and DOES 1 through
10, Inclusive, Case No. 2:23-cv-02756-DJC-CSK (E.D. Cal.), the Hon.
Judge Daniel Calabretta entered an order modifying scheduling order
as follows:
1. Plaintiff's Motion for Class Certification shall be filed
on or before March 28, 2025.
2. Defendant's Opposition shall be filed on or before June 30,
2025.
3. Plaintiff's Reply shall be filed on or before July 30,
2025.
4. The hearing shall be set on the Court's calendar for Aug.
21, 2025 at 1:30 PM.
Penske provides logistic management solutions.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GaHVCz at no extra
charge.[CC]
PFIZER INC: Bonilla Sues Over Failure to Uphold Duties
------------------------------------------------------
Patricia Bonilla, individually and on behalf of all others
similarly situated v. PFIZER INC., PHARMACIA & UPJOHN LLC,
PHARMACIA LLC, VIATRIS INC., GREENSTONE LLC, and PRASCO LLC d/b/a
PRASCO LABORATORIES, Case No. 2:25-cv-00080 (W.D. Pa., Jan. 17,
2025), is brought against the Defendants failure to uphold their
duties with respect to the contraceptive injection Depo-Provera
which has recently been revealed in the media to cause an increased
likelihood of developing brain tumors called intracranial
meningiomas.
The brand manufacturers failed to keep abreast of the evolving
scientific research, failed to conduct their own scientific
research in light of the evolving body of scientific evidence, and
failed to provide adequate warnings about the risks associated with
Depo-Provera. Further, based upon information and belief, the brand
and generic manufacturers failed to monitor the safety of
Depo-Provera and to report adverse drug experiences to the FDA
appearing in scientific studies. Finally, the generic manufacturers
failed to propose any label changes to the FDA to warn consumers of
the risks associated with their product, based upon information and
belief.
The Defendants instead continued to emphasize the benefits of
Depo-Provera while ignoring the evolving science and minimizing or
omitting discussions of risks such as the development of
intracranial meningiomas, thereby compromising informed
decision-making for those individuals receiving Depo-Provera
injections.
The Plaintiff, a resident of California, used Depo-Provera
consistently for several years. Although she has not been diagnosed
with an intracranial meningioma, she is at an increased risk of
developing one as a direct and proximate result of using
Depo-Provera for a year or more. Accordingly, she brings this
lawsuit seeking medical monitoring in the form of diagnostic
medical care and the creation of a medical monitoring program to
aid in the early detection of meningiomas for herself and a Class
who have used Depo-Provera for a year or more, says the complaint.
The Plaintiff's medical records indicate that she received both the
brand and generic versions of Depo-Provera.
Pfizer Inc. is a Delaware corporation.[BN]
The Plaintiff is represented by:
Lynn A. Ellenberger, PA #59896
Kyle A. Jacobsen, PA #320802
FEGAN SCOTT LLC
322 North Shore Drive
Building B1, Ste. 200
Pittsburgh, PA 15212
Phone: (412) 346-4104
Facsimile: (312) 264-0100
Email: lynn@feganscott.com
kyle@feganscott.com
- and -
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLP
150 South Wacker Drive, 24th Floor
Chicago, IL 60606
Phone: (312) 741-1019
Fax: (312) 264-0100
Email: beth@feganscott.com
PFP SENIOR HOME: Johnson Sues Over Unpaid Overtime Wages
--------------------------------------------------------
Amir Johnson, on behalf of himself and similarly situated employees
v. PFP SENIOR HOME CARE, INC., Case No. 2:25-cv-00288 (E.D. Pa.,
Jan. 16, 2025), is brought under the Fair Labor Standards Act
("FLSA") and the Pennsylvania Minimum Wage Act ("PMWA") as a result
of unpaid overtime wages.
The Plaintiff, like other hourly employees, often works at least 40
hours per week. Notwithstanding, Defendant often fails to properly
pay such overtime wages. For example, during the one-week pay
period ending September 13, 2024, Plaintiff was credited with
working 91 total hours; thus, he should have received overtime
premium pay for 51 hours (91 hours minus 40 hours). However,
Plaintiff was paid a purported overtime rate for only 16 of the 57
hours. No overtime premium payments were made for the additional 35
overtime hours, says the complaint.
The Plaintiff has worked for Defendant as an hourly employee since
= March 2024.
The Defendant owns and operates a business that provides, inter
alia, in-home health and companionship services to clients,
including those located in and around Southeastern
Pennsylvania.[BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
Michelle Tolodziecki, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Phone: (215) 884-2491
Email: pwinebrake@winebrakelaw.com
mtolodziecki@winebrakelaw.com
PIH HEALTH: Fails to Secure Personal Info, Pimentel Says
--------------------------------------------------------
JORGE PIMENTEL JR., on behalf of himself and all others similarly
situated, Plaintiff v. PIH HEALTH INC., Defendant, Case No.
24STCV33118 (Cal. Super., Los Angeles Cty., December 16, 2024) is a
class action against the Defendant for its failure to properly
secure and safeguard sensitive information of its patients,
including Plaintiff's.
According to the complaint, the Plaintiff's and Class Members'
sensitive personal information was targeted, compromised and
unlawfully accessed due to the data breach. The data breach was a
direct result of Defendant's failure to implement adequate and
reasonable cyber-security procedures and protocols necessary to
protect its patients' private information from a foreseeable and
preventable cyber-attack, says the suit.
Through this complaint, the Plaintiff seeks to remedy these harms
on behalf of himself and all similarly situated individuals whose
private information was accessed during the data breach.
PIH Health Inc. is a healthcare corporation that provides
comprehensive medical services to its patients.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
- and -
Daniel S. Robinson, Esq.
Michael W. Olson, Esq.
ROBINSON CALCAGNIE, INC.
19 Corporate Plaza Drive
Newport Beach, CA 92660
Telephone: (949) 720-1288
Facsimile: (949) 720-1292
E-mail: drobinson@robinsonfirm.com
molson@robinsonfirm.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
PLATTE COUNTY DETENTION : Plaintiffs Lose Class Status Bid
----------------------------------------------------------
In the class action lawsuit captioned as MONTEZ JARRELL JOHNSON, v.
PLATTE COUNTY DETENTION CENTER WARDEN, et al., Case No.
5:24-cv-06177-FJG (W.D. Mo.), the Hon. Judge Fernando Gaitan, Jr.
entered an order that:
(1) Plaintiff Johnson is granted provisional leave to proceed
IFP.
(2) Plaintiff Johnson shall pay to the clerk of the court for
the Western District of Missouri, St. Joeseph Division, an
initial partial filing fee of $34.69.
(3) Plaintiff Johnson's motion for appointment of counsel is
denied without prejudice.
(4) Plaintiffs motion for class certification is denied.
(5) the Clerk of the Court is directed to send Plaintiff
Johnson another set of civil rights forms for his use in
filing an amended complaint.
(6) Plaintiff Johnson is directed to file a single superseding
amended complaint.
(7) Plaintiff's failure to both pay the required initial
partial filing fee and amend as directed, on or before
Feb. 5, 2025, will result in the dismissal of this case
without further notice.
The Plaintiff Johnson fails to establish that appointment of
counsel is appropriate at this time. Therefore, plaintiffs' request
for class certification is denied.
The Plaintiff Johnson, who currently is confined at the Platte
County Detention Center in Platte City, Missouri, has filed pro se
this civil action pursuant to 42 U.S.C. section 1983.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6kgqeN at no extra
charge.[CC]
POST ACUTE: Plaintiff Must File Class Cert Bid by July 23
---------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE, Individually, as
Personal Representative of the Estate of Jane Doe, and on behalf of
all others similarly situated, v. POST ACUTE MEDICAL, LLC D/B/A PAM
HEALTH, and PAM HEALTH, LLC, Case No. 1:24-cv-00547-CCC (M.D. Pa.),
the Hon. Judge Christopher Conner entered an
amended case management order as follows:
1. The following briefing schedule shall govern the class
certification motion phase of the above-captioned civil
action:
Plaintiff to move for class July 23, 2025
certification:
Defendants' response to motion: Sept. 8, 2025
Plaintiff's reply: Oct. 8, 2025
2. The following dates and deadlines shall govern the discovery
and dispositive motions phase of the above-captioned civil
action:
Fact Discovery: Jan. 2, 2026
Affirmative Expert Reports: Feb. 5, 2026
Responsive Expert Reports: Mar. 5, 2026
Supplemental Expert Reports: Mar. 19, 2026
Dispositive Motions and Apr. 2, 2026
Supporting Briefs:
Post Acute provides long term acute care and rehabilitation
services.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=nLiEjU at no extra
charge.[CC]
POWERSCHOOL GROUP: Fails to Prevent Data Breach, Keigley Says
-------------------------------------------------------------
TRISTAN KEIGLEY, individually and on behalf of all others similarly
situated, Plaintiff v. POWERSCHOOL GROUP LLC; and POWERSCHOOL
HOLDINGS, INC., Defendants, Case No. 2:25-at-00087 (E.D. Cal., E.D.
Cal., Jan. 15, 2025) is an action against the Defendants for their
failure to properly secure and safeguard sensitive information of
its customers.
According to the complaint, the Data Breach was a direct result of
the Defendants' failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
consumers' personally identifiable information or "PII", from a
foreseeable and preventable cyber-attack.
The Plaintiff's and Class Members' identities are now at risk
because of Defendant's negligent conduct because the PII that the
Defendants collected and maintained has been accessed and acquired
by data thieves.
PowerSchool Group LLC provides K-12 education technology solutions.
The Company offers platform that assists schools and districts to
manage instruction, learning, grading, attendance, assessment,
analytics, state reporting, special education, student
registration, talent, finance, and HR. [BN]
The Plaintiff is represented by:
Sin-Ting Mary Liu, Esq.
Bryan F. Aylstock, Esq.
D. Nicole Guntner, Esq.
AYLSTOCK, WITKIN,
KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
Facsimile: (850) 916-7449
Email: mliu@awkolaw.com
baylstock@awkolaw.com
dguntner@awkolaw.com
POWERSCHOOL GROUP: Fails to Secure Clients' Info, Keigley Claims
----------------------------------------------------------------
TRISTAN KEIGLEY, individually and on behalf of all others similarly
situated, Plaintiff v. POWERSCHOOL GROUP LLC and POWERSCHOOL
HOLDINGS, INC., Defendants, Case No. 2:25-cv-00210-WBS-AC (E.D.
Cal., January 15, 2025) is a class action against the Defendants
for invasion of privacy, breach of implied contract, unjust
enrichment, negligence, negligence per se, breach of third-party
beneficiary contract, and violation of Florida's Deceptive and
Unfair Trade Practices Act.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information and personal
health information of the Plaintiff and similarly situated
individuals stored within their network systems following a data
breach learned on December 28, 2024. 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,
says the suit.
PowerSchool Group LLC is a software company with its principal
place of business located in Folsom, California.
PowerSchool Holdings, Inc. is a software company with its principal
place of business located in Folsom, California. [BN]
The Plaintiff is represented by:
Sin-Ting Mary Liu, Esq.
Bryan F. Aylstock, Esq.
D. Nicole Guntner, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
Facsimile: (850) 916-7449
Email: mliu@awkolaw.com
baylstock@awkolaw.com
dguntner@awkolaw.com
POWERSCHOOL GROUP: Faircloth Sues Over Failure to Safeguard PII
---------------------------------------------------------------
Jaclyn Brooke Faircloth, as guardian ad litem of H.F.; and on
behalf of all others similarly situated v. POWERSCHOOL GROUP LLC
and POWERSCHOOL HOLDINGS, INC., Case No. 2:25-at-00109 (E.D. Cal.,
Jan. 17, 2025), is brought arising out of Defendants' failure to
implement reasonable and industry standard data security practices
to properly secure, safeguard, and adequately destroy Plaintiff's
and the proposed Class Members' personally identifiable information
("PII") and personal health information ("PHI") (collectively,
"Sensitive Information") that it acquired and stored as part of its
business relationship with school systems throughout the United
States and North America.
The Defendant collected and maintained certain PHI and PII of
Plaintiff and the proposed Class Members, who are (or were)
students and faculty of schools that used Defendant's PowerSchool
platform. The Plaintiff and the proposed Class Members trusted
Defendant to maintain and secure their Sensitive Information on the
understanding that Defendant would protect it against disclosure.
Instead, Plaintiff's and Class Members' Sensitive Information was
targeted, compromised, and unlawfully accessed due to Defendants'
lax security measures on December 28, 2024, when cybercriminals
compromised Defendant's information systems, which contained
Plaintiff's and other individuals Sensitive Information.
(hereinafter, the "Data Breach"). The Sensitive Information
compromised in the Data Breach was exfiltrated by cybercriminals
who target such Sensitive Information for its value to identity
thieves.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect consumers' Sensitive Information,
which it was hired and expected to protect, from a foreseeable and
preventable cyber-attack, says the complaint.
The Plaintiff's school uses Defendant's PowerSchool platform.
The Defendants together operate PowerSchool, an education
technology platform for K-12 education, which serves over 60
million students and more than 18,000 customers worldwide.[BN]
The Plaintiff is represented by:
Kiley L. Grombacher, Esq.
BRADLEY/GROMBACHER LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Phone: 805-270-7100
Email: kgrombacher@bradleygrombacher.com
POWERSCHOOL GROUP: Griffin Sues Over Unauthorized Access of Info
----------------------------------------------------------------
DALE GRIFFIN, individually and on behalf of his minor child, Z.G.,
and on behalf of all others similarly situated, Plaintiff v.
POWERSCHOOL GROUP LLC, Defendant, Case No. 2:25-cv-00206-CKD (E.D.
Cal., January 15, 2025) is a class action against the Defendant for
negligence, breach of implied contract, breach of third party
beneficiary contract, unjust enrichment, and declaratory judgment
and injunctive relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated individuals stored within its network
systems following a data breach learned on December 28, 2024. The
Defendant 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, says the suit.
PowerSchool Group LLC is a software company with its principal
place of business located in Folsom, California. [BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
One W. Las Olas Blvd., Ste. 500
Fort Lauderdale, FL 33301
Telephone: (954) 990-2218
Email: cardoso@kolawyers.com
POWERSCHOOL HOLDINGS: Fails to Prevent Data Breach, Flick Says
--------------------------------------------------------------
NICOLE FLICK, for herself and as parent and natural guardian of
M.C., a minor, individually and on behalf of all others similarly
situated, Plaintiffs v. POWERSCHOOL HOLDINGS, INC.;and BAIN
CAPITAL, L.P., Defendants, Case No. 2:25-at-00098 (E.D. Cal., Jan.
16, 2025) is a class action against the Defendants for their
failure to properly secure and safeguard Plaintiffs' and other
similar situated individuals' personal identifiable information,
including but not limited to students', their parents', and
teachers' contact details such as names and addresses, Social
Security numbers, medical information, and grades.
The Plaintiff alleges in the complaint that the The Data Breach was
a direct result of the Defendants' failure to implement adequate
and reasonable cybersecurity procedures and protocols necessary to
protect the Private Information exfiltrated. Defendants could have
easily prevented the Data Breach by ensuring that industry standard
cybersecurity practices were implemented and followed.
Had the Defendants implemented and followed cybersecurity protocol
such as limiting individuals' access to files to the minimum
necessary, limiting the quantity of information that could be
downloaded or exported from the system, regularly logged and
limited file access, and otherwise followed applicable standards,
this data breach likely would have been prevented, says the suit.
PowerSchool Holdings, Inc. provides cloud-based software for K-12
education. The Company offers student information systems,
enrollment, unified classroom, unified administration, unified
talent, unified insights, and more. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Yana Hart, Esq.
Bryan P. Thompson, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Email: rclarkson@clarksonlawfirm.com
yhart@clarksonlawfirm.com
bthompson@clarksonlawfirm.com
POWERSCHOOL HOLDINGS: Fails to Secure Personal Info, Schwartz Says
------------------------------------------------------------------
JONNA SCHWARTZ, individually and on behalf of all others similarly
situated, Plaintiff v. POWERSCHOOL HOLDINGS, INC., Defendant, Case
No. 2:25-cv-00230-DC-JDP (E.D. Cal., January 16, 2025) is a class
action against the Defendant for negligence, negligence per se,
breach of implied contract, breach of fiduciary duty, invasion of
privacy, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the sensitive personal information of the Plaintiff and
similarly situated individuals stored within its network systems
following a data breach learned in December 2024. The Defendant
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, says the suit.
PowerSchool Holdings, Inc. is a software company with its principal
place of business located in Folsom, California. [BN]
The Plaintiff is represented by:
Margot Cutter, Esq.
CUTTER LAW, PC
401 Watt Ave.
Sacramento, CA 95864
Telephone: (916) 290-9400
Facsimile: (916) 588-9314
Email: mcutter@cutterlaw.com
- and -
Tina Wolfson, 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
- and -
John Heenan, Esq.
HEENAN & COOK
1631 Zimmerman Trail
Billings, MT 59102
Telephone: (406) 839-9091
Email: john@lawmontana.com
- and -
Raph Graybill, Esq.
GRAYBILL LAW FIRM
300 4th Street North
Great Falls, MT 59403
Telephone: (406) 452-8566
Email: raph@graybilllawfirm.com
POWERSCHOOL HOLDINGS: Fails to Secure Users' Info, Champney Says
----------------------------------------------------------------
DENISE CHAMPNEY, on behalf of herself, and NICOLE DRENNEN, on
behalf of herself and as parent and guardian of her two minor
children, John Doe and Jane Doe, and on behalf of all others
similarly situated, v. POWERSCHOOL HOLDINGS, INC., Case No.
2:25-at-00088 (E.D. Cal., Jan. 15, 2025) sues the Defendant for its
failure to properly secure and safeguard the personally
identifiable information and personal health information of
PowerSchool users from cybercriminals.
On Dec. 28, 2024, PowerSchool learned that a hacker illegally
accessed the Private Information of employees and students from
customers worldwide by exploiting the user account of a PowerSchool
technical support employee. The cybersecurity hack resulted in the
hacker gaining unauthorized access and downloading millions of
records from schools worldwide from Dec. 19, 2024 to Dec. 24, 2024.
The unauthorized actor accessed and/or downloaded students' -- such
as the minor children of Plaintiff Drennen -- Private Information,
including Social Security numbers and medical information.
For employees like Plaintiff Champney, the Private Information
accessed and/or downloaded included, Social Security numbers and
medical information, ID numbers, their respective departments,
employee type, school email addresses, and school phone numbers,
among others.
As a result of the Data Breach, the Plaintiffs and Class Members
suffered concrete injuries in fact including invasion of privacy;
theft of their Private Information; lost or diminished value of
their Private Information; lost time and opportunity costs
associated with attempting to mitigate the actual consequences of
the Data Breach; actual misuse of the compromised data consisting
of an increase in spam calls, texts, and/or emails; and the
continued and certainly increased risk to their Private
Information, the suit asserts.
Plaintiff Champney is an employee of a school district in Rhode
Island and was affected by the Data Breach.
PowerSchool operates an education technology ("EdTech") platform
specializing in data collection, storage, and analytics.[BN]
The Plaintiffs are represented by:
Rebecca A. Peterson, Esq.
Lori G. Feldman, Esq.
GEORGE FELDMAN MCDONALD, PLLC
1650 W. 82nd Street, Suite 880
Bloomington, MN 55431
Telephone: (612) 778-9530
E-mail: rpeterson@4-justice.com
lfeldman@4-justice.com
- and -
Julie Liddell, Esq.
Andrew Liddell, Esq.
EDTECH LAW CENTER
Austin, TX 78705
Telephone: (737) 351-5855
E-mail: julie.liddell@edtech.law
POWERSCHOOL HOLDINGS: La Count Sues Over Unprotected Personal Info
------------------------------------------------------------------
MICHELLE LA COUNT, TY MACIEJEWSKI, E.R.M., AND R.E.M., individually
and on behalf of all others similarly situated, v. POWERSCHOOL
HOLDINGS, INC. AND POWERSCHOOL GROUP LLC, Case No. 2:25-at-00086
(E.D. Cal., Jan. 15, 2025) alleges that the Defendants fail to
secure the highly sensitive personal information of millions of
people, many of whom are minors.
On Dec. 22, 2024, hackers successfully breached PowerSchool's
computer systems and exfiltrated customer personally identifying
information and protected health information. According to
PowerSchool's breach notice, the hack occurred through the
"PowerSchool customer support portal," which allowed "further
access to the company's school information system, PowerSchool
SIS."
Beginning on January 8, 2025, PowerSchool began notifying customers
that their data was accessed and they were impacted. Because of the
Data Breach, the Plaintiffs are at a substantial present risk both
with respect to their personal safety and increased risk of
identity theft and fraud, and will continue to face an increased
risk for years to come, the suit says.
Plaintiff E.R.M. is a minor under the age of 18, and attends school
in the Howard-Suamico School District.
PowerSchool is a provider of cloud-based education software in the
United States.[BN]
The Plaintiff is represented by:
Adam E. Polk, Esq.
Patrick T. Johnson, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: apolk@girardsharp.com
pjohnson@girardsharp.com
PRESBYTERIAN HEALTHCARE: Martinez Suit Removed to D. New Mexico
---------------------------------------------------------------
The case is styled as Jesse Martinez, individually and on behalf of
all others similarly situated v. Presbyterian Healthcare Services,
Thompson Coburn LLP, Case No. D-202-CV-24-09090 was removed from
the Second Judicial District Court, to the U.S. District Court for
the District of New Mexico on Dec. 23, 2024.
The District Court Clerk assigned Case No. 1:24-cv-01290-KRS-SCY to
the proceeding.
The nature of suit is stated as Other Personal Injury.
Presbyterian Healthcare Services -- https://www.phs.org/ -- is a
private not-for-profit health care system and health care provider
in the State of New Mexico.[BN]
The Plaintiff is represented by:
Mark Fine, Esq.
FINE LAW FIRM
220 Ninth Street Nw
Albuquerque, NM 87102
Phone: (505) 243-4541
Email: mark@thefinelawfirm.com
The Defendants are represented by:
Daniel Raymond, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
70 West Madison Street
Chicago, IL 60602-4321
Email: daniel.raymond@arnoldporter.com
- and -
Kenneth L Chernof, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue NW, Suite 300
Washington, DC 20001
Phone: (202) 942-5000
Email: ken.chernof@arnoldporter.com
- and -
Charles K. Purcell, Esq.
RODEY DICKASON SLOAN AKIN & ROBB PA
Post Office Box 1888
Albuquerque, NM 87103
Phone: (505) 768-7217
Fax: (505) 768-7395
Email: kpurcell@rodey.com
- and -
Michael Steven Rumac, Esq.
GORDON REES SCULLY MANSUKHANI
8500 Menaul Blvd., NE, Suite A-335
Albuquerque, NM 87112
Phone: (505) 998-0662
Email: mrumac@grsm.com
PROCTER & GAMBLE: Toilet Paper "Not Sustainable," Lowry Suit Claims
-------------------------------------------------------------------
MELISSA LOWRY, ADAM ALZALDI, DWIGHT CHORNOMUD, MELISSA CUEVAS,
PAMELA GIARRIZZO, CAROLE GRANT, CYNTHIA MEUSE, and LATRONYA
WILLIAMS, on behalf of themselves and all others similarly
situated, Plaintiffs v. THE PROCTER & GAMBLE COMPANY, Defendant,
Case No. 2:25-cv-00108 (W.D. Wash., January 16, 2025) is a class
action against the Defendant for violations of consumer protection
law and common law of concealment of various states in the U.S.
The case arises from the Defendant's misleading claims of
environmental stewardship and Green Guide valuations in connection
with its design and production of Charmin Toilet Paper. According
to the complaint, the Defendant concealed, suppressed and omitted
material facts regarding the ancient forest to toilet pipeline to
mislead consumers that its product is environmental friendly and
sustainable. As a result of the Defendant's misrepresentation and
omission, the Plaintiffs and similarly situated consumers suffered
damages, says the suit.
The Procter & Gamble Company is a consumer goods manufacturer based
in Ohio. [BN]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Catherine Y.N. Gannon, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
catherineg@hbsslaw.com
- and -
Rebecca A. Peterson, Esq.
GEORGE FELDMAN MCDONALD, PLLC
1650 W. 82nd Street, Suite 880
Bloomington, MI 55431
Telephone: (612) 778-9595
Email: RPeterson@4-Justice.com
PROGRESSIVE DIRECT: Zeoli Files Suit in Mass. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Progressive Direct
Insurance Company. case is styled as Leann Zeoli, on behalf of
herself and all others similarly situated v. Progressive Direct
Insurance Company, Case No. 2577CV00062 (Mass. Super. Ct., Essex
Cty., Jan. 16, 2025).
The case type is stated as "Contract / Business Cases."
The Progressive Corporation -- https://www.progressive.com/ -- is
an American insurance company.[BN]
The Plaintiff is represented by:
Chelsea N. Bishop, Esq.
Michael C. Forrest, Esq.
MAZOW MCCULLOUGH, PC
10 Derby Square 4th Floor
Salem, MA 01970
Phone: (978) 774-8000
PROPET FOOTWEAR: Blind Can't Access Online Store, Walker Alleges
----------------------------------------------------------------
LEAH WALKER, on behalf of herself and all others similarly
situated, Plaintiff v. PROPET FOOTWEAR, INC., Defendant, Case No.
1:25-cv-00532 (N.D. Ill., January 16, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, declaratory relief, and negligent infliction
of emotional distress.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://propetfootwear.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: unclear labels for interactive elements, ambiguous link
texts, inaccessible drop-down menus, inadequate focus order, the
lack of adequate labeling of form fields, and the requirement that
transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Propet Footwear, Inc. is a company that sells online goods and
services in Illinois. [BN]
The Plaintiff is represented by:
David Reyes, Esq.
ASHER COHEN LAW PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (630) 478-0856
Email: dreyes@ashercohenlaw.com
PVOLVE LLC: Reyes Seeks Equal Website Access for the Blind
----------------------------------------------------------
NATHALIE REYES, on behalf of herself and all others similarly
situated, Plaintiff v. Pvolve LLC, Defendant, Case No.
1:25-cv-00187 (S.D.N.Y., January 9, 2025) is a civil rights action
against Pvolve for its failure to design, construct, maintain, and
operate their website, https://www.pvolve.com, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the Plaintiff encountered accessibility
issues that prevented her from completing the purchase of fitness
sets at Defendant's website. The focus did not shift from the "Add
to Cart" button to the cart dialog window, and the page failed to
notify her that the product had been successfully added to the
cart. Additionally, the warning message displayed on the page was
not announced or otherwise conveyed. These access barriers have
caused Pvolve.com to be inaccessible to, and not independently
usable by blind and visually-impaired persons, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Pvolve's policies, practices, and procedures so that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Pvolve LLC operates the website which offers a functional fitness
method to enhance strength, mobility, and overall body
functionality.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
QUAIL ROOST: Faces Pardo Suit Over Disabled's Access to Property
----------------------------------------------------------------
NIGEL FRANK DE LA TORRE PARDO, on behalf of himself and all others
similarly situated, Plaintiff v. QUAIL ROOST ASSOCIATES PARTNERSHIP
AKA QUAIL HEIGHTS PLAZA, INC. and SUNSHINE RETAIL INVESTMENTS LLC
D/B/A FRESCO Y MAS #0387, Defendants, Case No. 1:25-cv-20242-DPG
(S.D. Fla., January 16, 2025) is a class action against the
Defendants for violations of the Americans with Disabilities Act.
According to the complaint, the Defendants have failed to design,
construct, maintain, and operate their facilities to be fully
accessible to and independently usable by the Plaintiff and other
persons with disabilities. The Defendants have continued to
discriminate against people who are disabled in ways that block
them from access and use of their properties and businesses. The
Plaintiff and similarly situated disabled individuals encountered
architectural barriers in common areas and public restrooms.
The Plaintiff and Class members seek injunctive relief to remove
the existing architectural barriers to the physically disabled when
such removal is readily achievable for the place of public
accommodation.
Quail Roost Associates Partnership, also known as Quail Heights
Plaza, Inc., is a commercial property owner and operator based in
Florida.
Sunshine Retail Investments LLC, doing business as Fresco Y Mas
#0387, is a commercial property owner and operator based in
Florida. [BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Miami, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
QUANTERIX CORP: Rosen Law Probes Potential Securities Claims
------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, announces an
investigation of potential securities claims on behalf of
shareholders of Quanterix Corporation (NASDAQ: QTRX) resulting from
allegations that Quanterix may have issued materially misleading
business information to the investing public.
So What: If you purchased Quanterix securities you may be entitled
to compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=31441 call Phillip Kim,
Esq. toll-free at 866-767-3653 or email case@rosenlegal.com for
information on the class action.
What is this about: On November 12, 2024, after market hours,
Quanterix filed a current report on Form 8-K with the SEC. In this
current report, the Company announced that on "November 11, 2024,
the Audit Committee of the Board of Directors of the Company, based
on the recommendation of the Company's management and after
discussion with the Company's independent registered public
accounting firm, Ernst & Young LLP ("EY"), concluded that the
Company's previously issued audited consolidated financial
statements as of December 31, 2023 and 2022 and for each of the
three years in the period ended December 31, 2023, and its
unaudited consolidated financial statements for the quarterly and
year-to-date (as applicable) periods ended March 31, 2022, June 30,
2022, September 30, 2022, March 31, 2023, June 30, 2023, September
30, 2023, March 31, 2024, and June 30, 2024 (collectively, the
"Non-Reliance Periods"), should no longer be relied upon."
On this news, Quanterix's stock price fell 18.3% on November 13,
2024.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
RAPID INVESTMENTS: Hall Sues Over Prepaid Debit Card Scheme
-----------------------------------------------------------
ASHLEY HALL, individually and on behalf of all others similarly
situated, Plaintiff v. RAPID INVESTMENTS, LLC, d/b/a RAPID
FINANCIAL SOLUTIONS, d/b/a RELEASE PAY; and AXIOM BANK N.A.,
Defendants, Case No. 3:25-cv-05039 (W.D. Wash., Jan. 16, 2025)
alleges violation of the Electronic Fund Transfer Act.
The Plaintiff alleges in the complaint that the Defendants are
engaged in abusive and illegal prison profiteering by exploiting
the Plaintiff and members of the class during the chaotic and
confusing times when they were arrested, detained, and released
from custody. Upon release from custody, individuals receiving
release cards, such as the Plaintiff, are provided with no
alternative method to reclaim their funds—they must accept a
release card upon leaving the facility or they lose all their
money.
If they decline to accept a release card, their money will be taken
through inactivity fees, regardless of whether the card is removed
from the facility or even ever activated, says the suit.
Rapid Investments LLC is a private market investment management
firm specializing in placing commitments from institutional and
private investors. [BN]
The Plaintiff is represented by:
Richard E. Spoonemore, Esq.
Eleanor Hamburger, Esq.
SIRIANNI YOUTZ
SPOONEMORE HAMBURGER PLLC
3101 Western Avenue, Suite 350
Seattle, WA 98121
Telephone: (206) 223-0303
Facsimile: (206) 223-0246
Email: rick@sylaw.com
ele@sylaw.com
RAWLINGS COMPANY: Class Certification Bid Filing Extended to May 7
------------------------------------------------------------------
In the class action lawsuit captioned as Zakarian, et al., v. The
Rawlings Company, et al., Case No. 4:24-cv-00229 (W.D. Mo., Filed
March 29, 2024), the Hon. Judge Stephen R. Bough entered an order
granting the Plaintiffs' unopposed motion for extension of time.
-- The Plaintiffs' expert designations: Feb. 14, 2025
-- The Defendants' expert designations: April 2, 2025
-- Class-based discovery: April 2, 2025
-- Class Certification Motion: May 7, 2025;
-- Merits-based discovery: Sept. 2, 2025
-- Dispositive/Daubert Motion Deadline: Oct. 13, 2025
The nature of suit states Diversity-Breach of Contract.
Rawlings Group was formed in 1977 to offer legal services to
insurance providers.[CC]
REBIZ LLC: Fry Suit Removed to C.D. Illinois
--------------------------------------------
The case styled as Zechariah Fry, an Illinois resident,
individually and as the representative of a class of
similarly-situated persons v. REBIZ, LLC, an Ohio limited liability
company, Case No. 2024LA124 was removed from the Circuit Court of
the Fourteenth Judicial Circuit, Rock Island County, Illinois, to
the U.S. District Court for the Central District of Illinois on
Jan. 17, 2025, and assigned Case No. 1:25-cv-01020-JEH.
In his Complaint, Plaintiff alleges that ReBiz violated the
Illinois Biometric Information Privacy Act ("BIPA"), when its
Datacam technology, located at Plaintiff's employment, allegedly
deployed facial-recognition technology to collect and possess
Plaintiff's biometric identifiers and biometric information. The
Plaintiff asserts three causes of action under BIPA. He claims that
ReBiz violated BIPA because, inter alia, it failed to maintain a
publicly-available retention and destruction policy for biometric
data and failed to obtain Plaintiff's informed, written consent
prior to collecting his purported biometric data and informing him
of the specific purpose and length of time of the collection,
storage, and use.[BN]
The Defendants are represented by:
Melissa A. Siebert, Esq.
COZEN O'CONNOR
123 N. Wacker Drive Suite 1800
Chicago, IL 60606
Phone: (312) 474-7900
Email: msiebert@cozen.com
REPUBLIC SERVICES: Pietoso Suit Seeks to Certify Rule 23 Class
--------------------------------------------------------------
In the class action lawsuit captioned as PIETOSO, INC. D/B/A CAFE
NAPOLI, v. REPUBLIC SERVICES, INC., et al., Case No.
4:19-cv-00397-JAR (E.D. Mo.), the Plaintiff asks the Court to enter
an order certifying class pursuant to Federal Rules of Civil
Procedure 23(a) and 23(b)(3).
Republic Services is a North American waste disposal company.
A copy of the Plaintiff's motion dated Jan. 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Epy8de at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan A. Keane, Esq.
Tanner A. Kirksey, Esq.
KEANE LAW LLC
7711 Bonhomme Ave, Suite 600
St. Louis, MO 63105
Telephone: (314) 391-4700
Facsimile: (314) 244-3778
E-mail: ryan@keanelawllc.com
tanner@keanelawllc.com
- and -
Michael C. Seamands, Esq.
LAW OFFICES OF MICHAEL C. SEAMANDS, LLC
1401 S. Brentwood Blvd, Suite 825
St. Louis, MO 63144
Telephone: (314) 802-7730
Facsimile: (314) 260-9645
E-mail: mcs@mcs-legal.com
RESET TECHNOLOGY: Thompson Files TCPA Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Reset Technology
Corporation. The case is styled as Andrea Thompson, individually
and on behalf of all others similarly situated v. Reset Technology
Corporation doing business as: Reset Smile, Case No. 3:25-cv-00058
(M.D. Fla., Jan. 17, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Reset Tech -- https://www.reset.tech/ -- is a fully independent
global enterprise with not-for-profit operations in North America,
Europe, and Australia.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
ROCKY MOUNTAIN RECOVERY: Webster Files FDCPA Suit in D. Wyoming
---------------------------------------------------------------
A class action lawsuit has been filed against Rocky Mountain
Recovery Systems Inc. The case is styled as Anthony Webster,
individually and on behalf of all others similarly situated v.
Rocky Mountain Recovery Systems Inc., Case No. 2:25-cv-00017-ABJ
(D. Wyo., Jan. 16, 2025).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Rocky Mountain Recovery, Inc. is an Wyoming collection agency.[BN]
The Plaintiff is represented by:
Kellie Nelson Fetter, Esq.
SHERMAN & HOWARD LLC
675 15th Street, Suite 2300
Denver, CO 80202
Phone: (303) 299-8448
Email: kfetter@shermanhoward.com
ROYAL CARIBBEAN: Plaintiffs Seek to Certify Issue Classes
---------------------------------------------------------
In the class action lawsuit captioned as JANE DOE (S.F.), on behalf
of herself and all others similarly situated, et al., v. ROYAL
CARIBBEAN CRUISES LTD., and ARVIN JOSEPH MIRASOL, Case No.
1:24-cv-23953-DPG (S.D. Fla.), the Plaintiffs ask the Court to
enter an order:
(a) certifying the proposed Issue Classes;
(b) appointing the Putative Class Representative to serve as
Class Representative; and
(c) appointing The Moskowitz Law Firm, PLLC to serve as Co-Lead
Class Counsel for the Proposed Issue Class.
The proposed Issues Class is defined as follows:
"All passengers aboard Royal Caribbean’s vessel, Symphony of
the Seas, between Dec. 1, 2023, and Feb. 26, 2024, and who
stayed in cabins aboard the vessel which were serviced by
Defendant Mirasol as Stateroom Attendant."
Excluded from the Class are Defendants and their officers,
directors, affiliates, legal representatives, and employees,
any customers who make a timely election to be excluded, any
governmental entities, any judge, justice, or judicial officer
presiding over this matter and the members of their immediate
families and judicial staff.
Royal Caribbean is a global cruise holding company incorporated in
Liberia and based in Miami, Florida.
A copy of the Plaintiffs' motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=C3VqlW at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam M. Moskowitz, Esq.
Joseph M. Kaye, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
Continental Plaza
3250 Mary Street, Suite 202
Miami, FL 33133
Telephone: (305) 740-1423
E-mail: adam@moskowitz-law.com
joseph@moskowitz-law.com
- and -
Jason R. Margulies, Esq.
Michael A. Winkleman, Esq.
Jacqueline Garcell, Esq.
Marc E. Weiner, Esq.
LIPCON, MARGULIES,
& WINKLEMAN, P.A.
2800 Ponce de Leon Boulevard, Suite 1480
Coral Gables, FL 33134
Telephone: (305) 373-3016
Facsimile: (305) 373-6204
E-mail: jmargulies@lipcon.com
mwinkleman@lipcon.com
jgarcell@lipcon.com
mweiner@lipcon.com
SARA CODY: Plaintiffs' Partial Bid for Summary Judgment Tossed
--------------------------------------------------------------
In the class action lawsuit captioned as UNIFYSCC, et al., v. SARA
H. CODY, et al., Case No. 5:22-cv-01019-BLF (N.D. Cal.), the Hon.
Judge Beth Labson Freeman entered an order denying the Plaintiffs'
partial motion for summary judgment, and granting in part and
denying in part the Defendants' cross-motion for summary judgment:
1. Plaintiffs' and Defendants' respective motions for summary
judgment are denied as to the FEHA and Title VII causes of
action.
2. Defendants' motion for summary judgment is granted as to
the Free Exercise and Equal Protection Claims insofar as
they are based on the Risk Tier System, and Plaintiffs'
partial motion for summary judgment is denied to that
extent. Both Plaintiffs' and Defendants' respective motions
are denied as to the Free Exercise and Equal Protection
Claims insofar as they are based on the accommodations
procedure.
3. Plaintiffs' motion for partial summary judgment on the
County's Monell liability for the accommodations policy is
denied, since Plaintiffs have not yet prevailed in proving
a constitutional violation.
4. Defendants' motion for summary judgment on the
Establishment Clause Claim is denied.
5. County Health Officer Sara Cody, former County Counsel
James Williams, and former County Executive Dr. Jeffrey
Smith are dismissed as redundant defendants.
the Court finds itself unable to conclude that no reasonable trier
of fact could find other than for County at trial on the question
of undue hardship. See Celotex, 477 U.S. at 325. Nor, however, can
the Court find that Plaintiffs have proven that Defendants would
not be able to carry their ultimate burden at trial.
Accordingly, the Court grants summary judgment in favor of
Defendants on Plaintiffs' Free Exercise and Equal Protection claims
insofar as the Risk Tier System is concerned.
The Court denies the Plaintiffs' motion for summary judgment on the
same claims insofar as they are based on the Risk Tier System, as
Plaintiffs failed to meet their initial burden to show that "no
reasonable trier of fact could find other than" for Plaintiffs.
The case concerns Defendant Santa Clara County's response to the
COVID-19 pandemic.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=72gPQM at no extra
charge.[CC]
SCHMIDT BAKING: Franzone Sues Over Unlawful Misclassification
-------------------------------------------------------------
Victor Franzone, individually and on behalf of all others similarly
situated v. SCHMIDT BAKING COMPANY INC., SCHMIDT BAKING
DISTRIBUTION, LLC, Case No. 5:25-cv-00265 (E.D. Pa., Jan. 15,
2025), is brought alleges violations of the Fair Labor Standards
Act (FLSA), the Pennsylvania Wage Payment and Collection Law
(WPCL), and the Pennsylvania Minimum Wage Act (PMWA) as a result of
the Defendants unlawful misclassification of Distributors as
independent contractors.
The Plaintiff is a Distributor harmed by Defendants' unlawful
misclassification of Distributors as independent contractors and
the corresponding denial of the rights, obligations, privileges,
and benefits of employment owed to Distributors under Pennsylvania
law.
In his work for Schmidt, Plaintiff routinely works over 40 hours
and often more than 50 hours in a regular seven-day workweek. On
information and belief, other members of the FLSA Collective and/or
the Rule 23 Class also routinely work over 40 hours and often more
than 50 hours in a regular seven-day workweek. Neither Plaintiff
nor any Distributor received premium overtime compensation for
their work beyond 40 hours per week.
Schmidt's mischaracterization of Distributors as independent
contractors; its concealment or mischaracterization of the true
nature of its relationship with the Distributors; and the attendant
deprivation of substantial rights and benefits of employment are
ongoing, unlawful practices by Schmidt that should be enjoined,
says the complaint.
The Plaintiff works as a Distributor for Schmidt in Pennsylvania.
Schmidt Baking Company Inc. and Schmidt Baking Distribution, LLC
are in the wholesale bakery business and rely on Distributors to
deliver bakery goods to Schmidt customers and stock and stock those
products on store shelves.[BN]
The Plaintiff is represented by:
Max S. Morgan, Esq.
THE WEITZ FIRM, LLC
1515 Market Street #1100
Philadelphia, PA 19102
Phone: 267-587-6240
Email: max.morgan@theweitzfirm.com
- and -
Shawn J. Wanta, Esq.
Scott Moriarity, Esq.
WANTA THOME PLC
100 South Fifth Street, Suite 1200
Minneapolis, MN 55402
Phone: 612-252-3570
Email: sjwanta@wantathome.com
samoriarity@wantathome.com
SEASON 4: Loses Bid to Enforce Subpoena in Suderland
-----------------------------------------------------
In the class action lawsuit captioned as SUNDERLAND, et al., v.
SEASON 4, LLC, et al. (SUBPOENA ON THIRD-PARTY SEASON 4, LLC), Case
No. 3:24-cv-00895-JES-AHG (S.D. Cal.), the Hon. Judge Allison
Goddard entered an order denying Defendant's motion to enforce
subpoena.
As the moving party, the Defendant bears the threshold burden of
demonstrating that the information sought in the subpoena is
relevant and proportional. Defendant has failed to meet this
burden, so there is no need to address Season 4 or Plaintiffs'
objections.
The Plaintiffs filed a putative class action against the Defendant,
alleging that the Defendant deceived consumers into purchasing
Sambucol-branded elderberry diet supplements by misrepresenting
that they contain a unique and proprietary black elderberry extract
developed by a virologist.
Season 4 operates the website "ClassAction.org," which provides
information about pending consumer investigations and class
actions, and facilitates connections between consumers and law
firms so that consumers can obtain legal advice.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cpzi1a at no extra
charge.[CC]
SRP FEDERAL CREDIT: Chase Sues Over Failure to Secure PII
---------------------------------------------------------
Ricky Chase, on behalf of herself and all others similarly situated
v. SRP Federal Credit Union, Case No. 1:25-cv-00312-CMC (D.S.C.,
Jan. 16, 2025), is brought against Defendant for its failure to
properly secure and safeguard personally identifiable information
including, but not limited to, Plaintiff's and Class Members' name,
date of birth, Social Security number ("SSN"), and financial
account information (collectively, "Private Information" or
"PII").
To provide insurance financial services to Plaintiff and Class
Members, Defendant required Plaintiff and Class Members to provide
their Private Information to Defendant. On November 22, 2024,
Defendant learned that an unauthorized person was making data
available that was allegedly taken from a SRP Federal Credit Union
database (the "Data Breach"). Further investigation determined that
an unknown and unauthorized third party accessed Defendant's
computer systems sometime between September 5, 2024, and November
4, 2024. Defendant issued Notice of the Data Breach Letter (the
"Notice of Breach Letter") on December 12, 2024.
The Defendant maintained the Private Information in a reckless and
negligent manner. In particular, the Private Information was
maintained on Defendant's computer system and network in a
condition vulnerable to cyberattack. Upon information and belief,
the mechanism of the Data Breach and potential for improper
disclosure of Plaintiff's and Class Members' Private Information
was a known risk to the Defendant and thus the Defendant was on
notice that failing to take steps necessary to secure Private
Information from those risks left that information in a dangerous
condition.
As a result of the Data Breach, Plaintiff and Class Members
suffered ascertainable losses in the form of the loss of the
benefit of their bargain, out-of-pocket expenses, and the value of
their time reasonably incurred to remedy or mitigate the effects of
the attack and the substantial and imminent risk of identity theft,
says the complaint.
The Plaintiff entrusted his Private Information to Defendant in
order to receive financial and banking service.
SRP Federal Credit Union has operated as a member-owned financial
institution, providing a range of financial products and services
to individuals and families in South Carolina and Georgia since
1960.[BN]
The Plaintiff is represented by:
Paul J. Doolittle, Esq.
POULIN | WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Phone: 803-222-2222
Fax: 843-494-5536
Email: paul.doolittle@poulinwilley.com
cmad@poulinwilley.com
- and -
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Phone: (215) 867-2399
Email: medelson@edelson-law.com
SSM HEALTH: Hicks Seeks to Certify Collective Action
----------------------------------------------------
In the class action lawsuit captioned as TIA HICKS, Individually
and for Others Similarly Situated, v. SSM HEALTH CARE CORPORATION,
Case No. 4:24-cv-01447-CDP (E.D. Mo.), the Plaintiff asks the Court
to enter an order conditionally certifying this collective action
pursuant to the Fair Labor Standards Act ("FLSA") and authorizing
issuance of an approved notice to the following individuals:
"All individuals with patient care job duties (such as
registered nurses, licensed practical nurses, licensed
vocational nurses, certified nurses assistants, patient care
technicians, etc.) who worked for SSM Health Care Corporation
("SSM") through the CareRev platform at any time from Oct. 28,
2021 through the close of the opt-in period, were classified
by SSM as independent contractors rather than as employees,
and were paid the same hourly rate of pay for all hours worked
(i.e., were paid straight time for overtime) (the "Potential
Opt-in Plaintiffs").
Hicks further requests the Court to:
-- approve her proposed notice and consent form language. The
Court should approve Hicks's proposed notice language in full
without revision, the suit says.
-- approve her proposed notice distribution plan, which consists
of a 60-day opt-in period, sending notice to the Potential
Opt-in Plaintiffs via U.S. Mail, email, and text message at
the beginning of the notice period, and sending a single
reminder notice at the halfway point of the notice period to
those individuals who have not responded to the initial
notice.
-- provide Plaintiffs' Counsel with the names and last-known
contact information of all Potential Opt-in Plaintiffs
(including their last-known mailing addresses, email
addresses, telephone numbers, job titles, dates of work,
locations of work, and dates of birth) in a Microsoft Excel
spreadsheet within fourteen (14) calendar days from the
Court's Order.
SSM owns and operates acute care hospitals and nursing homes.
A copy of the Plaintiff's motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cUpBPW at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
William M. Hogg, Esq.
Olivia R. Beale, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
whogg@mybackwages.com
obeale@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788 –
E-mail: rburch@brucknerburch.com
- and -
Tony Pezzani
ENGELMEYER & PEZZANI, LLC
13321 N. Outer Forty Road, Suite 300
Chesterfield, MO 63017
Telephone: (636) 532-9933
Facsimile: (314) 448-4320
E-mail: tony@epfirm.com
STUDENT LOAN: Dawson FDCPA Suit Seeks to Certify Class
------------------------------------------------------
In the class action lawsuit captioned as ROXANNE DAWSON,
individually and on behalf of all persons similarly situated, v.
STUDENT LOAN SOLUTIONS, LLC and ROACH & MURTHA ATTORNEYS AT LAW,
P.C., Case No. 1:23-cv-09690-MKV (S.D.N.Y.), the Plaintiff asks the
Court to enter an order granting certification of a class pursuant
to Rules (b)(2) and (b)(3) of the Federal Rules of Civil Procedure,
consisting of:
"All individuals whom Student Loan Solutions sued to collect
on a student loan that Student Loan Solutions purchased from
Bank of America on Oct. 31, 2017 and purported to
accelerate."
The Plaintiff further moves the Court for an order granting summary
judgment on Plaintiff's claims under the Fair Debt Collection
Practices Act, and New York General Business Law, and such other
and further relief as the Court deems just and proper.
SLS is a debt buying company.
A copy of the Plaintiff's motion dated Jan. 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dJUcRk at no extra
charge.[CC]
The Plaintiff is represented by:
Jessica Ranucci, Esq.
Danielle Tarantolo, Esq.
NEW YORK LEGAL ASSISTANCE GROUP
100 Pearl Street, 19th Floor
New York, NY 10004
Telephone: (212) 613-7578
E-mail: jranucci@nylag.org
SUGARHOUSE HSP: Fails to Protect Personal Info, Martin Says
-----------------------------------------------------------
SHAWN MARTIN, individually and on behalf of those similarly
situated, Plaintiff v. SUGARHOUSE HSP GAMING, L.P. D/B/A RIVERS
CASINO PHILADELPHIA, and RUSH STREET GAMING LLC, Defendants, Case
No. 2:25-cv-00109 (E.D. Pa., January 8, 2025) is a class action for
Defendnts' failure to properly secure and safeguard Plaintiff's and
Class members' personally identifiable information stored within
Defendants' information network.
The Plaintiff brings this Class action on behalf of himself and
over thousands of other employees whose PII was accessed and
exposed to unauthorized third parties during a data breach of
Defendants' system on or about November 18, 2024. As a direct and
proximate result of Rivers' inadequate data security, and its
breach of its duty to handle PII with reasonable care, Plaintiff's
PII has been accessed by hackers, posted on the dark web, and
exposed to an untold number of unauthorized individuals, says the
suit.
The Plaintiff, on behalf of himself and others similarly situated,
brings claims for negligence, negligence per se, breach of
fiduciary duty, breach of confidences, invasion of privacy, breach
of an implied contract, unjust enrichment, and declaratory
judgment, seeking actual and putative damages, with attorneys'
fees, costs, and expenses, and appropriate injunctive and
declaratory relief.
Sugarhouse HSP Gaming, L.P. d/b/a Rivers Casino Philadelphia and
Rush Street Gaming LLC jointly own/operate a casino commonly known
as Rivers Casino Philadelphia.[BN]
The Plaintiff is represented by:
Liberato P. Verderame, Esq.
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: lverderame@edelson-law.com
medelson@edelson-law.com
TAILORED SHARED: Trujillo Files Labor Suit in Calif. Super.
-----------------------------------------------------------
A class action has been filed against Tailored Shared Service, et
al. The case is captioned as Ramon Trujillo, individually, and on
behalf of other members of the general public similarly situated v.
Tailored Shared Service, a Delaware limited liability companys, LLC
and The Men's Wearhouse LLC, a Texas limited liability company,
Case No. 24CV102156 (Calif. Super., Alameda Cty., December 4,
2024).
The suit is brought over Defendants' alleged employment law
violation.
A case management conference is set for April 3, 2025.
Tailored Shared Service is engaged in the retail apparel and
fashion business.[BN]
TARGET CORPORATION: Plaintiffs Seek to Certify Eight Classes
------------------------------------------------------------
In the class action lawsuit captioned as SHERRY MONTGOMERY and
YESENIA ALBA, on behalf of themselves, all others similarly
situated, v. TARGET CORPORATION, a Minnesota corporation; and DOES
1 through 50, inclusive, Case No. 2:19-cv-04924-JGB-MRW (C.D.
Cal.), the Plaintiffs will move the Court on April 28, 2025, for an
order:
-- Certifying the following classes:
Regular Rate Class
"All non-exempt employees of Defendant who were not paid a
meal period or rest break premium at the correct regular
rate of pay, or whose overtime wages were not paid at the
correct rate as calculated using the correct regular rate of
pay, for shifts worked for Defendant in California, at any
time during the time period from June 6, 2015 through the
date of class certification."
Recordkeeping Meal Period Class
"All non-exempt employees of Defendant who worked a shift
for Defendant in California in excess of five hours and
whose timekeeping records reflect a late, shortened, or
missed meal period without a corresponding meal period
premium paid, at any time during the time period from June
6, 2015 through the date of class certification."
Missing Punch Best Practice Class
"All non-exempt employees of Defendant who worked a shift
for Defendant in California in excess of five hours and
whose timekeeping records reflect a manager-adjusted meal
period time punch, at any time during the time period from
June 6, 2015 through the date of class certification."
On-Premises Rest Break Class
"All non-exempt employees of Defendant who worked a shift
for Defendant in California of at least 3.5 hours, at any
time during the time period from June 6, 2015 through Feb.
19, 2018."
Cell Phone Reimbursement Class
"All non-exempt employees of Defendant who were required to
utilize their personal cell phone for business-related
purposes when working for Defendant as a cashier at a cash
register in California at any time during the time period
from June 6, 2015 through the date of class certification."
Closed-Location Clock-In Class
"All non-exempt employees of Defendant who worked a shift
for Defendant inCalifornia during hours when the location
where they worked was not open to the public, at any time
during the time period from June 6, 2015 through the date of
class certification."
Open-Location Clock-In Class
"All non-exempt employees of Defendant in California who
worked a shift during hours when the location where they
worked was open to the public, at any time during the time
period from June 6, 2015 through the date of class
certification."
Holiday Meal Period Premium Class
"All non-exempt employees of Defendant who worked a shift
for Defendant in California in excess of five hours and who
were instructed to clock out and continue working through
their meal periods, at any time during the time period from
June 6, 2015 through the date of class certification."
-- Appointing Shaun Setareh, Jose Maria D. Patino, Jr., and
Brian Louis of the Setareh Law Group as Class Counsel;
-- Appointing Plaintiffs as Class Representatives for the
proposed classes;
-- Directing that notice of class certification be given to the
class members, in the form and format to be approved by, and
by the method and procedures to be prescribed by, the Court;
and,
-- Granting such other and further orders as the Court deems
just and prudent with respect to the further handling of
this litigation as a class action.
Plaintiff Montgomery was a non-exempt cashier from around Nov. 11,
2010 until June 21, 2022.
Target is an American retail corporation that operates a chain of
discount department stores and hypermarkets.
A copy of the Plaintiffs' motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6iqoUK at no extra
charge.[CC]
The Plaintiffs are represented by:
Shaun Setareh, Esq.
Jose Maria D. Patino, Jr.
Brian Louis
SETAREH LAW GROUP
420 N. Camden Drive, Suite 100
Beverly Hills, CA 90210
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
jose@setarehlaw.com
brian@setarehlaw.com
TARGET CORPORATION: Solana Suit Removed to E.D. New York
--------------------------------------------------------
The case is styled as Gerardo Solana, individually and on behalf of
all others similarly situated v. Target Corporation, Case No.
524780/2024 was removed from the Supreme Court of the State of New
York, Kings County, to the U.S. District Court for the Eastern
District of New York on Jan. 16, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00298 to the
proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending.
Target Corporation -- https://www.target.com/ -- is an American
retail corporation that operates a chain of discount department
stores and hypermarkets, headquartered in Minneapolis,
Minnesota.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Paul W. Garrity, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
24th Floor
New York, NY 10112
Phone: (212) 634-3057
Fax: (212) 655-1757
Email: pgarrity@sheppardmullin.com
TD AMERITRADE: Sweeps Customers' Cash Balances, Jacobs Suit Says
----------------------------------------------------------------
DJAKARTA A. JACOBS, individually and on behalf of all others
similarly situated, Plaintiff v. TD AMERITRADE, INC. and TD
AMERITRADE CLEARING, INC., Defendants, Case No. 8:25-cv-00016 (D.
Neb., January 15, 2025) is a class action against the Defendants
for breach of fiduciary duty, gross negligence, unjust enrichment,
breach of contract, breach of the implied covenant of good faith
and fair dealing, and violation of California's Unfair Competition
Law.
The case arises from a cash sweep program implemented by TD
Ameritrade wherein it automatically sweeps uninvested cash balances
in its customers' accounts and moves them into low interest-bearing
accounts with affiliated banks. Rather than act as a fiduciary in
the best interests of TD Ameritrade's account holders or fulfill
its contractual and implied covenant obligations to its customers,
TD Ameritrade used its customers' funds to enrich itself at the
expense of its own clients. TD Ameritrade failed to disclose that
it was essentially providing kickbacks to its own affiliates at its
customers' expense through the Sweep Program. As a result, the
Plaintiff and the Class suffered financial harm, says the suit.
TD Ameritrade, Inc. is a financial services corporation,
headquartered in Omaha, Nebraska.
TD Ameritrade Clearing, Inc. is a financial services corporation,
headquartered in Omaha, Nebraska. [BN]
The Plaintiff is represented by:
Joshua R. Jacobson, Esq.
Jacob L. Phillips, Esq.
JACOBSON PHILLIPS, PLLC
478 E. Altamonte Dr., Ste. 108-570
Altamonte Springs, FL 32701
Telephone: (407) 720-4057
Email: joshua@jacobsonphillips.com
jacob@jacobsonphillips.com
TDBBS LLC: Garcia Sues Over Deceptive Marketing of Bully Sticks
---------------------------------------------------------------
LEONARDO GARCIA, individually and on behalf of all others similarly
situated, Plaintiff v. TDBBS, LLC d/b/a BARKWORTHIES, Defendant,
Case No. 3:25-cv-00299-AGT (N.D. Cal., January 8, 2025) arises from
Defendant's deceptive marketing of its Barkworthies Odor Free Small
Dog Bully Sticks.
The product's label expressly states that the bully sticks are
"odor free" on the front and back of the packing. Unfortunately for
consumers, however, despite the brand’s express claims, the
product is not "odor free." Instead, this product emits a strong
and offensive odor when chewed by dogs. Accordingly, the Plaintiff
now asserts claims for breach of express warranty, unjust
enrichment, and for violations of the Consumers Legal Remedies Act,
California's Unfair Competition Law, and False Advertising Law.
TDBBS, LLC d/b/a Barkworthies is a dog food and chew toy
manufacturer headquartered in Richmond, VA. [BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
- and -
Jenna L. Gavenman, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jgavenman@bursor.com
jglatt@bursor.com
TECTA AMERICA: Fails to Prevent Data Breach, Nazzaro Alleges
------------------------------------------------------------
TIMOTHY NAZZARO; and DANIEL MUHLBAUER, individually and on behalf
of all others similarly situated, Plaintiffs v. TECTA AMERICA
CORP., Defendant, Case No. 1:25-cv-00448 (N.D. Ill., Jan. 15, 2025)
is a class action against the Defednant for its failure to properly
secure and safeguard Plaintiffs' and other similarly situated
current and former employees' ("Class Members") personally
identifiable information from hackers.
According to the Plaintiffs in the complaint, the Defendants failed
to properly implement security practices with regard to the
computer network and systems that housed the Private Information.
Had Tecta properly monitored its networks, it would have discovered
the Breach sooner.
The Plaintiffs' and Class Members' identities are now at risk
because of Tecta's negligent conduct as the Private Information
that Tecta collected and maintained is now in the hands of data
thieves and other unauthorized third parties.
Tecta America Corp. provides commercial construction services. The
Company offers residential and commercial roof replacement, repair,
design, construction, and installation services, as well as advice.
[BN]
The Plaintiff is represented by:
Kyle D. McLean, Esq.
SIRI & GLIMSTAD LLP
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Telephone: (213) 297-5195
Email: kmclean@sirillp.com
- and -
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Email: tbean@sirillp.com
TESLA INC: Filing for Class Cert. Bid in Matsko Suit Due May 6
--------------------------------------------------------------
In the class action lawsuit captioned as Matsko v. Tesla, Inc., et
al. (Tesla Advanced Driver Assistance Systems Litigation), Case No.
3:22-cv-05240-RFL (N.D. Cal.), the Hon. Judge Rita Lin entered an
order that:
1. The deadline for Plaintiff's Motion for Class Certification
and expert disclosures and reports relating to class
certification as originally set in this Court's June 5, 2024
Order is extended to May 6, 2025.
2. The deadline for the Defendants' Opposition and related
rebuttal expert materials is extended to June 3, 2025.
3. The deadline for the Plaintiff's Reply is extended to July
1, 2025.
Tesla is an American multinational automotive and clean energy
company.
A copy of the Court's order dated Jan. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OP4zkC at no extra
charge.[CC]
The Plaintiff is represented by:
Frank M. Pitre, Esq.
Thomas E. Loeser, Esq.
Julie L. Fieber, Esq.
COTCHETT PITRE & MCCARTHY LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone: (650) 697-6000
E-mail: fpitre@cpmlegal.com
tloeser@cpmlegal.com
jfieber@cpmlegal.com
- and -
Francis A. Bottini, Jr., Esq.
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: (858) 914-2001
E-mail: fbottini@bottinilaw.com
- and -
David S. Casey, Jr., Esq.
Gayle M. Blatt, Esq.
Jeremy Robinson, Esq.
P. Camille Guerra, Esq.
CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD LLP
110 Laurel Street
San Diego, CA 92101
Telephone: (619) 238-1811
E-mail: dcasey@cglaw.com
gmb@cglaw.com
jrobinson@cglaw.com
camille@cglaw.com
The Defendants are represented by:
David C. Marcus, Esq.
Alan Schoenfeld, Esq.
Allison Bingxue Que, Esq.
WILMER CUTLER PICKERING
HALE AND DORR LLP
350 South Grand Avenue, Suite 2400
Los Angeles, CA 90071
Telephone: (213) 443-5312
E-mail: david.marcus@wilmerhale.com
alan.schoenfeld@wilmerhale.com
allison.que@wilmerhale.com
THINTONS LLC: Gonzalez Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Thintons LLC. The
case is styled as Monique A. Gonzalez, an individually, on behlaf
of herself and all others similarly situated v. Thintons LLC, Case
No. STK-CV-UOE-2024-0017873 (Cal. Super. Ct., San Joaquin Cty.,
Dec. 23, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Thorntons LLC, formerly Thorntons Inc., is an American gasoline and
convenience store chain headquartered in Louisville, Kentucky.[BN]
The Plaintiff is represented by:
Meghan N. Higday, Esq.
MELMED LAW GROUP P.C.
1801 Century Park E., Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-612-2627
Email: mh@melmedlaw.com
TICKETMASTER LLC: Faces Financial Class Suit Over Customers' Data
-----------------------------------------------------------------
FINANCIAL HORIZONS CREDIT UNION and COLLEGEDALE CREDIT UNION,
individually, and on behalf of all others similarly situated, v.
TICKETMASTER, LLC; LIVE NATION ENTERTAINMENT, INC., and SNOWFLAKE,
INC., Case No. 2:25-cv-00006-BMM (D. Mont., Jan. 15, 2025) sues the
Defendants for failing to take adequate and reasonable measures to
protect Plaintiffs' customers' personal and financial data from
data breach.
The Defendants' actions exposed highly sensitive data, such as
cardholder name, address, email address, phone number, primacy
account numbers for credit and debit card numbers, and other data
("Payment Card Data" or "PCD"), to threat actors for an extended
period. This prolonged exposure compromised the privacy and
financial security of hundreds of thousands, if not millions, of
Plaintiffs' and Class Member's customers exposed and accessible for
use by hackers for months, the suit contends.
Data stolen from Ticketmaster was reportedly being sold on the dark
web. Specifically, the administrator of a cybercrime forum called
BreachForums claimed to be selling the personal information of 560
million customers, including Ticketmaster customers' data, ticket
sales information, and PCD. As a result, Plaintiffs and Class
Members have incurred significant damages in replacing customers'
payment cards and covering fraudulent purchases, asserts the suit.
Financial Horizons Credit Union is a state-chartered credit union
with a principal place of business in Hawthorne, Nevada. As a
result of the alleged Data Breach, Financial Horizons Credit Union
has suffered, and continues to suffer, injury, including, costs to
cancel and reissue payment cards compromised in the Data Breach,
costs to refund fraudulent charges, costs associated with the time
and expense associated with investigating the Data Breach, costs of
fraud monitoring, and costs due to lost interest and transaction
fees due to reduced payment card usage.
Ticketmaster is a ticket sales and distribution company.[BN]
The Plaintiffs are represented by:
Domenic A. Cossi, Esq.
Adam M. Shaw, Esq.
WESTERN JUSTICE ASSOCIATES, PLLC
Trial Lawyers for People and the Environment
303 W. Mendenhall, Suite 1
Bozeman, MT 59715
Telephone: (406) 587-1900
Facsimile: (406) 587-1901
E-mail: domenic@westernjusticelaw.com
adam@westernjusticelaw.com
- and -
Joseph P. Guglielmo, Esq.
Erin G. Comite, Esq.
Andrew Stanko, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
astanko@scott-scott.com
TICKETMASTER LLC: First Choice Files Suit in D. Montana
-------------------------------------------------------
A class action lawsuit has been filed against Ticketmaster, LLC, et
al. The case is styled as First Choice Federal Credit Union,
individually and on behalf of all others similarly situated, v.
Ticketmaster, LLC, Live Nation Entertainment, Inc., Snowflake,
Inc., Case No. 2:25-cv-00005-BMM (D. Mont., Jan. 15, 2025).
The nature of suit is stated as Other P.I. for Contract Default.
Ticketmaster Entertainment, LLC -- https://www.ticketmaster.com/ --
is an American ticket sales and distribution company based in
Beverly Hills, California.[BN]
The Plaintiff is represented by:
Adam M. Shaw, Esq.
Western Justice Associates, PLLC
234 East Pine Street
Missoula, MT 59802
Phone: (406) 587-1900
Email: adam@westernjusticelaw.com
- and -
Domenic A. Cossi, Esq.
WESTERN JUSTICE ASSOCIATES
303 West Mendenhall, Suite 1
Bozeman, MT 59715
Phone: (406) 587-1900
Fax: (406) 587-1901
TRIPLE CANOPY: Pariscoff Sues Over Unpaid Overtime Wages
--------------------------------------------------------
Brandon Pariscoff and Shadren Pettid, on behalf of themselves and
all persons similarly situated v. TRIPLE CANOPY, INC. and
CONSTELLIS HOLDINGS, LLC, Case No. 1:25-cv-00167-PAB (D. Colo.,
Jan. 16, 2025), is brought under the Fair Labor Standards Act of
1938 ("FLSA") and the Colorado Wage Claim Act ("CWA"), as
implemented by the Colorado Overtime and Minimum Pay Standards
Orders ("COMPS") as a result of the Defendant failure to pay unpaid
overtime wages.
Defendants fail to pay overtime compensation to Plaintiffs and
Security Officers in several different respects. In most weeks
worked, Plaintiffs and Security Officers worked at least 40 hours,
excluding the uncompensated pre- and post-shift working time
described above. Thus, in a typical workweek, Plaintiffs and
Security Officers would not be compensated for approximately 2 or
more hours of overtime each week as a result of the uncompensated
pre- and post-shift work, in violation of the FLSA, CWA, and COMPS,
says the complaint.
The Plaintiff was employed as a protective security officer at
Bureau of Land Management headquarters in Grand Junction,
Colorado.
The Defendants provide security services to federal government
facilities throughout Colorado.[BN]
The Plaintiff is represented by:
Ryan P. McCarthy, Esq.
James E. Goodley, Esq.
GOODLEY McCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 394-0541
Email: ryan@gmlaborlaw.com
- and -
Franklin J. Rooks, Jr., Esq.
MORGAN ROOKS, PC
525 Route 73 North, Suite 104
Marlton, NJ 08053
Phone: (856) 874-8999
Email: firooks@gnorganrooks.com
TRUE CLASSIC TEES: Edlund Suit Removed to C.D. California
---------------------------------------------------------
The case is styled as Stephen Edlund, on behalf of himself and all
others similarly situated v. True Classic Tees, LLC, Case No.
24STCV30272 was removed from the Los Angeles County Superior Court,
to the U.S. District Court for the Central District of California
on Jan. 17, 2025.
The District Court Clerk assigned Case No. 2:25-cv-00450 to the
proceeding.
The nature of suit is stated as Other Fraud.
True Classic Tees, LLC -- https://www.trueclassictees.com/ --
produce butter soft, affordable, high quality fitted premium tees
for men.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Adil M. Khan, Esq.
GREENBERG TRAURIG LLP
1840 Century Park East Suite 1900
Los Angeles, CA 90067-2121
Phone: (310) 586-7700
Fax: (310) 586-7800
Email: adil.khan@gtlaw.com
TSAROUHIS LAW: Yoo Suit Seeks to Certify Class Action
-----------------------------------------------------
In the class action lawsuit captioned as JUNG YOO, on behalf of
himself and all others similarly situated, v. TSAROUHIS LAW GROUP,
LLC; and ACQUISITION VENTURES, LLC; Case No. 3:24-cv-05350-TJB
(D.N.J.), the Parties will move the Court on Jan. 23, 2025 for
entry of an order certifying case to proceed as a class action for
settlement purposes and granting final approval of the Parties'
class settlement agreement.
Tsarouhis is a full-service collection law firm serving New Jersey
and Pennsylvania.
A copy of the Parties' motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=GKDhjZ at no extra
charge.[CC]
The Plaintiff is represented by:
Benjamin Wolf, Esq.
JONES, WOLF & KAPASI, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
Facsimile: (973) 244-0019
E-mail: bwolf@legaljones.com
The Defendants are represented by:
Jason Lipkin, Esq.
MCGLINCHEY STAFFORD, PLLC
112 West 34th Street, Suite 1515
New York, NY 10120
Telephone: (646) 362-4048
Facsimile: (646) 224-9487
E-mail: jlipkin@mcglinchey.com
UBISOFT INC: Filing for Class Cert. Bid in Lakes Due Nov. 6
-----------------------------------------------------------
In the class action lawsuit captioned as LAKES, et al v. Ubisoft,
Inc., Case No. 3:24-cv-06943-TLT (N.D. Cal.), the Hon. Judge Trina
Thompson entered a Case Management And Scheduling Order
1. Trial Date: July 19, 2027
2. Final Pretrial Conference: June 17, 2027
3. Fact Discovery Cut-Off: Sept. 4, 2026
4. Motion For Class Certification:
Motion due by: Nov. 6, 2025
Opposition due by: Dec. 4, 2025
Reply due by: Dec. 18, 2025
Hearing on: Jan. 20, 2026
5. Last Day To Amend Pleading: May 9, 2025
Ubisoft operates as a developer, publisher, and distributor of
entertainment products.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HZXg2w at no extra
charge.[CC]
UNCLE CREDIT: Faces Ganjizadeh Wage-and-Hour Suit in Calif.
-----------------------------------------------------------
NOUSHIN GANJIZADEH, an individual and on behalf of all others
similarly situated, Plaintiff v. UNCLE CREDIT UNION, a California
Nonprofit corporation; and DOES 1 through 100, inclusive,
Defendants, Case No. 24CV103338 (Cal. Super., Alameda Cty.,
December 16, 2024) arises from the Defendants' alleged unlawful
labor practices in violation of the California Labor Code and the
California Business and Professions Code.
The complaint alleges the Defendants' failure to pay overtime
wages; failure to pay minimum wages; failure to provide meal
periods; failure to provide rest periods; waiting time penalties;
wage statement violations; failure to timely pay wages; failure to
indemnify; failure to pay interest on deposits; and engagement in
unfair competition.
The Plaintiff worked for the Defendants from approximately March of
2024 through approximately June of 2024.
Uncle Credit Union is a full service financial institution.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Paal Bakstad, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: david@tomorrowlaw.com
paal@tomorrowlaw.com
UNITED COLLECTION: Stein Files FDCPA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is styled as Naomi Stein, individually and on
behalf of all others similarly situated v. United Collection
Bureau, Inc., Case No. 2:24-cv-08753-LGD (E.D.N.Y., Dec. 23,
2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
United Collection Bureau Inc. -- https://ucbinc.com/ -- provides
debt collection and accounts receivable management services to
creditors.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rsalim@steinsakslegal.com
UNITED PARCEL: Brown Suit Seeks to Certify Two Classes
------------------------------------------------------
In the class action lawsuit captioned as Timothy Brown, et al., on
behalf of themselves and all others similarly situated, v. United
Parcel Service of America, Inc., et al., Case No. 1:22-cv-01672-TCB
(N.D. Ga.), the Plaintiff asks the Court to enter an order granting
Plaintiffs' motion for class certification.
Specifically, the Plaintiffs seeks an order providing for the
following:
1. Certifying the action as a class action and finding that the
prerequisites of Fed. R. Civ. P. 23(a) are satisfied and
that Fed. R. Civ. P. 23(b)(1)(A), (b)(1)(B), (b)(2), and/or
(b)(3) have been satisfied.
2. Defining the Classes as follows:
Retirement Plan Class
"All participants in and beneficiaries of the UPS Retirement
Plan (A) whose normal form of benefit was a single life
annuity (B) who began receiving a JSA after Jan. 1, 2013
where the participants' spouse was the beneficiary (C) which
was calculated using the 1983 GAM/6% or the Retirement
Plan's fixed conversion factors and (D) whose monthly
pension benefit would be greater if calculated using (1) the
mortality tables (amounts weighted) UPS used for ASC 715
purposes (blended 60% male/40% female) in the year before
the participant's benefit commencement date (BCD) and (2)
Segment Rates specified under IRC 417(e) using the rates
published for August in the year before a Plan participant's
BCD."
Excluded from the Class are Defendants and any individuals
who are subsequently to be determined to be fiduciaries of
the Plans.
Pension Plan Class
"All participants in and beneficiaries of the UPS Pension
Plan (A) whose normal form of benefit was a single life
annuity (B) who began receiving a JSA after Jan. 1, 2013
where the participants' spouse was the beneficiary (C) which
was calculated using the 1983 GAM/6% or the Pension Plan's
fixed conversion factors and (D) whose monthly pension
benefit would be greater if calculated using (1) the
mortality tables (amounts weighted with blue-collar
adjustment) UPS used for ASC 715 purposes (blended 80% male
/ 20% female) in the year before the participant's benefit
commencement date (BCD) and (2) Segment Rates specified
under IRC 417(e) using the rates published for August in the
year before a Plan participant's BCD."
Excluded from the Class are Defendants and any individuals
who are subsequently to be determined to be fiduciaries of
the Plans.
3. Appointing Plaintiffs Timothy Brown, Joseph Bobertz, Stacey
Richards, and Warren Washburn as class representatives of
the Retirement Plan Class.
4. Appointing Plaintiffs Nancy Youngermann and John Braxton as
class representatives of the Pension Plan Class.
5. Appointing Izard, Kindall & Raabe, LLP, Motley Rice LLC, and
Keller Rohrback as Class Counsel pursuant to Fed. R. Civ. P.
23(g).
6. Appointing Evangelista Worley, LLC as Local Counsel.
United Parcel is an American multinational shipping & receiving and
supply chain management company.
A copy of the Plaintiffs' motion dated Jan. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=H1Y1a0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert A. Izard, Esq.
Christopher Barrett, Esq.
IZARD, KINDALL & RAABE LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: rizard@ikrlaw.com
cbarrett@ikrlaw.com
- and -
James M. Evangelista, Esq.
EVANGELISTA WORLEY, LLC
500 Sugar Mill Road, Ste. 245A
Atlanta, GA 30350 (404) 205-8400
E-mail: jim@ewlawllc.com
- and -
Douglas Needham, Esq.
MOTLEY RICE LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: (860) 218-2720
E-mail: dneedham@motleyrice.com
- and -
Gregory Y. Porter, Esq.
Mark G. Boyko, Esq.
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: gporter@baileyglasser.com
mboyko@baileyglasser.com
- and -
Erin M. Riley, Esq.
Jeffrey Lewis, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623-1900
E-mail: eriley@kellerrohrback.com
jlewis@kellerrohrback.com
UNITEDHEALTH GROUP: Fails to Secure Personal Info, Christenson Says
-------------------------------------------------------------------
Amanda Christenson, et al. v. UnitedHealth Group Incorporated,
Optum, Inc., OptumInsight, Inc., and Change Healthcare Inc., Case
No. 0:25-cv-00183-DWF-DJF (D. Minn., Jan. 15, 2025) is a class
action alleging the Defendants of failing to protect the personally
identifiable information and protected health information of tens
of millions of individuals in the United States.
On Feb. 12, 2024, a ransomware group known as ALPHV, and its
affiliates, compromised Change Healthcare (which had since merged
with Optum Insight) and gained access to its systems.
Nine days later, on Feb. 21, 2024, the ALPHV hackers were still
undetected by Defendants' data security tools, demonstrating a lack
of adequate logging and monitoring of the important and sensitive
areas of Defendants' systems. The hackers successfully deployed
ransomware on Defendants' networks, "encrypting Change Healthcare's
systems so" they could not be accessed without ALPHV's
cooperation.
Following the ransomware deployment, the Defendants were completely
unable to recover their systems. As a result, the Defendants paid
$22 million in Bitcoin to ALPHV to regain access, the suit says.
The Plaintiffs have experienced extensive harms as a result,
including loss of privacy; fraud and identity theft from the misuse
of their stolen Personal Information; diminution in the value of
their Personal Information; emotional and mental distress and
anguish resulting from the access, theft and posting of their
Personal Information; disruption of their medical care and
treatment; disruption in obtaining pharmaceutical prescriptions;
and a continued substantial and imminent risk of the misuse of
their Personal Information, claims the suit.
Plaintiff Christenson received a notice letter from the Defendants
dated Aug. 5, 2024. On February 2024, she learned that there was a
fraudulent attempt to access her iCloud account.
Other Plaintiffs include Taisha Dixon, Tracy Anne Phillips, Paul
Avery, Jacqueline Jackson, Robin Dugan, Tawfik Mammad, Zoe Madonna,
Kali Warren, Bethany Conley, Brittany Meadows, Olga Diatlova,
Lashanden Darby, Edith Antonio, Amanda Rape, Deana Leffers, M.O.,
Joshua Lowe, Rene Sims, Hailey Kleinheksel, Michelle Carter,
Marissa Hatfield, Cedric Bonier, Jan Merrill, Richard Seibert,
Michael Paul, DeBorah Evans, Lisa Brooks, David Powers, Roxanne
Allen, Patricia Baggett, Kenya Jones, Edwin Hoag, Richard Schwalbe,
Delmar Kentner, Dawn Duncan, Rosa Rubera, Matthew Loforese, Carol
Slack, Rachael Schiller, Tristano Korlou, Patricia Donadio, James
Morgan, Kaela Poitra, Autumn Abramczyk, Anna Griffith, Preslee
Thorne, Robin Lanier, Ashley Harbon, Kim Kaehler, Sally
Kirkpatrick, Tess Bussick, Lori Tynch, Polly Rush, Anna Lovell,
Christina Estep, Alfred Williams, Sr., Angela Johnson, Trudy Agres,
Leigh Thompson (Tom) Hanes, J'Andre Ivory, Harry Knopp, Mark
Wetzel, Luke Anderson, and Lauren Fossen.
UnitedHealth "is a vertically integrated healthcare Company"
comprised of United Healthcare, a health insurance company, and
three Optum divisions: Optum Health, OptumInsight, and Optum
Rx.[BN]
The Plaintiffs are represented by:
Daniel E. Gustafson, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
- and -
Karen Hanson Riebel, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: khriebel@locklaw.com
- and -
Bryan L. Bleichner, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue S., Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7900
E-mail: bbleichner@chestnutcambronne.com
- and -
Brian C. Gudmundson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: Brian.Gudmundson@zimmreed.com
- and -
Shawn M. Raiter, Esq.
LARSON-KING LLP
30 East Seventh Street, Suite 2800
St. Paul, MN 55101
Telephone: (651) 312-6500
E-mail: sraiter@larsonking.com
- and -
Melissa S. Weiner, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue S., Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0601
E-mail: mweiner@pwfirm.com
- and -
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
- and -
Caroline Fabend Bartlett, Esq.
CARELLA BYRNE CECCHI BRODY
AGNELLO P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 422-5557
E-mail: cbartlett@carellabyrne.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: CSchaffer@lfsblaw.com
- and -
Sabita J. Soneji, Esq.
TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Telephone: (510) 250-3370
E-mail: ssoneji@tzlegal.com
- and -
Erin Green Comite, Esq.
SCOTT + SCOTT ATTORNEYS AT LAW
156 South Main Street
Colchester, CT 06415
Telephone: (860) 537-5537
E-mail: ecomite@scott-scott.com
- and -
Ronald Podolny, Esq.
MORGAN AND MORGAN, P.A.
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 225-6749
E-mail: ronald.podolny@forthepeople.com
- and -
Gary Klinger, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
Jason Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street NE, Suite 302
Washington, DC 20002
Telephone: (202) 470-3520
E-mail: jrathod@classlawdc.com
- and -
Ronnie Spiegel, Esq.
JOSEPH SAVERI LAW FIRM
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
E-mail: rspiegel@saverilawfirm.com
- and -
Arthur M. Murray, Esq.
MURRAY LAW FIRM
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Telephone: (504) 525-8100
E-mail: amurray@murray-lawfirm.com
- and -
Kennedy M. Brian, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 286-1607
E-mail: kpb@federmanlaw.com
UNIVERSAL PICTURES: Cohn Sues Over Unlawful Disclosure of PII
-------------------------------------------------------------
Todd Cohn, individually and on behalf of all others similarly
situated v. UNIVERSAL PICTURES HOME ENTERTAINMENT, LLC, d/b/a
GRUV.COM, a Delaware Limited Liability Company, Case 1:25-cv-00469
(S.D.N.Y., Jan. 16, 2025), is brought pursuant to the Video Privacy
Protection Act (the "VPPA") unlawful disclosure of its customers'
personally identifiable information ("Personally Identifiable
Information" or "PII").
Federal law recognizes, through the VPPA, that our video-viewing
habits are intimately private. The law accordingly requires
companies that rent, sell, or deliver prerecorded video materials
to maintain their customers' privacy and prohibits, among other
things, the knowing disclosure of customers' video material choices
to any third party without the customers' specific advance written
consent.
Despite its clear legal obligations under federal law, Defendant
knowingly and intentionally discloses its customers' personally
identifiable information, including their personal identifiers and
a record of every DVD, Blu-ray, and/or digital video code they
requested ("Personally Identifiable Information" or "PII") to a
third party, Meta Platforms Inc. (formerly known as Facebook)
("Meta" or "Facebook") through the use of the Meta Pixel, without
its customers' consent or knowledge, says the complaint.
The Plaintiff purchased movies from www.gruv.com.
The Defendant develops, owns, and operates www.gruv.com which sells
prerecorded movies and television series to customers in the
U.S.[BN]
The Plaintiff is represented by:
Julian Hammond, Esq.
Polina Brandler, Esq.
HAMMONDLAW, PC
1201 Pacific Ave., Suite 600
Tacoma, WA 98402
Phone: (310) 807-1666
Email: jhammond@hammondlawpc.com
pblandler@hammondlawpc.com
UNIVERSAL PICTURES: Mitchener Sues Over Trap & Trace Use on Website
-------------------------------------------------------------------
COURTNEY MITCHENER, individually and on behalf of all others
similarly situated, Plaintiff v. UNIVERSAL PICTURES HOME
ENTERTAINMENT LLC, a California corporation; and DOES 1 through 25,
inclusive, Defendants, Case No. 5:25-cv-00592 (N.D. Cal., January
16, 2025) is a class action against the Defendants for violation of
the California Invasion of Privacy Act.
The case arises from Universal Pictures Home Entertainment's
installation of TikTok software, a trap and trace technology, on
its website, www.gruv.com, in order to identify website visitors
without consent. The TikTok Software collects as much data as it
can about an otherwise anonymous visitor to the website and matches
it with existing data TikTok has acquired and accumulated about
hundreds of millions of Americans. Universal Pictures did not
obtain the Plaintiff's and Class members' express or implied
consent to be subjected to data sharing with TikTok for the
purposes of fingerprinting and de-anonymization, says the suit.
Universal Pictures Home Entertainment LLC is a company that
operates an online platform that sells entertainment, doing
business in California. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Narain Kumar, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
Email: robert@taulersmith.com
nkumar@taulersmith.com
USAA FEDERAL: Plaintiffs' Bid for Attorneys' Fees & Costs OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as PHILIP BULLS, DEAN BRINK,
CARMIN NOWLIN, NICHOLAS PADAO, and RAPHAEL RILEY, on behalf of
themselves and others similarly situated, V. USAA FEDERAL SAVINGS
BANK, and USAA SAVINGS BANK, Case No. 5:21-cv-00488-BO (E.D.N.C.),
the Hon. Judge Terrence Boyle entered an order granting the
Plaintiffs' motion for attorneys' fees & costs, and payment of
class representatives a wards:
1. Attorneys' fees amounting to twenty-seven and one-half
percent (27.5%) of the $64,202,833.59 gross settlement
amount shall be awarded to Class Counsel; and
2. Awards to the Class Representatives shall be awarded in the
amounts requested by Plaintiffs, that is, awards of $20,000
each to each class representative: Philip Bulls, Dean Brink,
Carmin Nowlin, Nicholas Padao, and Raphael Riley.
Class Counsel achieved extraordinary results for the class of over
200,000 military servicemembers, obtaining a gross Settlement
Amount of over $64 million.
The Plaintiffs exemplified the role of the private attorney
general, vindicating the rights of over 200,000 military
servicemembers and veterans regarding one of the nation's largest
banks' alleged failure to provide federally required benefits to
the accounts held by these servicemembers.
The Action benefitted not just the over 200,000 Class Members with
loans or credit card accounts with USAA Bank, but other and future
military personnel who will open or maintain accounts with USAA and
other banks subject to the Servicemembers' Civil Relief Act and
Military Lending Act and their own proprietary military benefit
programs.
The Court finds the request for attorneys' fees to be fair,
adequate, and reasonable.
USAA offers deposit, credit card, consumer lending, mortgage, and
other banking products and services.
A copy of the Court's order dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OTp8zh at no extra
charge.[CC]
V.P. MUSIC: Liz Sues Over Website's Access Barriers to the Blind
----------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiff v. V.P. MUSIC GROUP, INC., Defendant, Case No.
1:25-cv-00463 (S.D.N.Y., January 16, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, and the New York City Human Rights Law
and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://vpreggae.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: inaccurate landmark structure, inaccurate heading
hierarchy, inadequate focus order, ambiguous link texts,
inaccessible contact information, changing of content without
advance warning, unclear labels for interactive elements,
inaccurate alt-text on graphics, the lack of navigation links, the
denial of keyboard access for some interactive elements, redundant
links where adjacent links go to the same URL address, and the
requirement that transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
V.P. Music Group, Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
Email: Glevyfirm@gmail.com
VANGUARD EQUITIES: Vallesillo Files Suit Over TCPA Violation
------------------------------------------------------------
A class action has been filed against Vanguard Equities, LLC, et
al. The case is captioned as Alejandro Vallesillo, individually,
and on behalf of all others similarly situated v. Vanguard
Equities, LLC, a New York Limited Liability Company, and Jerome
Cerillo, an individual, Case No. 8:24-cv-00467-JFB-MDN (D. Neb.,
December 4, 2024).
The case is brought over Defendants' alleged violation of the
Telephone Consumer Protection Act.
The suit is assigned to Senior Judge Joseph F. Bataillon.
Vanguard Equities, LLC is a New York Limited Liability
Company.[BN]
The Plaintiff is represented by:
Mark L. Javitch, Esq.
JAVITCH LAW FIRM
3 East 3rd Avenue, Suite 200
San Mateo, CA 94401
Telephone: (650) 781-8000
E-mail: mark@javitchlawoffice.com
VERTIV CORP: Class Cert Bid Filing in Torok Suit Extended
---------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE TOROK, an
individual, on behalf of himself and others similarly situated, v.
VERTIV CORPORATION, an Ohio corporation; and DOES 1 through 50,
inclusive, Case No. 3:24-cv-01645-WHA (N.D. Cal.), the Plaintiff
asks the Court to enter an order extending the deadline for the
Plaintiff to file a class certification motion.
The Plaintiff also requests such other and further relief as the
Court may deem necessary and appropriate.
With no pay and time data, handbooks and policies, or information
of the proper people to depose for class certification, the
Plaintiff suggested, and the Defendant agreed, that an extension
for the class certification motion deadline would be in the best
interest of the litigation, to which the Defendant agreed.
The Plaintiff is in the process of reviewing the supplemental
responses and engaging in the meet and confer process with
Defendant to acquire responses to discovery requests that were
objected to but not supplemented.
This is a class action wage & hour case for failure to: provide
meal periods, provide rest periods, pay hourly wages and overtime,
pay proper sick pay, provide accurate written wage statements,
timely pay all final wages upon separation, and comply with unfair
competition laws.
Vertiv manufactures electrical power equipment.
A copy of the Plaintiff's motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=nGrDFJ at no extra
charge.[CC]
The Plaintiff is represented by:
Emil Davtyan, Esq.
David Yeremian, Esq.
David Keledjian, Esq.
Kevin Burns, Esq.
D.LAW, INC.
450 N Brand Blvd., Ste. 840
Glendale, CA 91203
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
E-mail: emil@d.law
d.yeremian@d.law
d.keledjian@d.law
k.burns@d.law
VIA RENEWABLES: Seeks to File Class Cert Opposition Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as BRIAN CLARK, individually,
and on behalf of all others similarly situated, v. VIA RENEWABLES,
INC., F/K/A SPARK ENERGY, INC., Case No. 3:24-cv-00568-JSC (N.D.
Cal.), the Defendant asks the Court to enter an order granting the
administrative motion to consider whether another Party's material
should be sealed in connection with Defendant's opposition to
Plaintiff's motion for class certification and Exhibit E to the
declaration of Eric J. Troutman in support.
The Defendant understands that Plaintiff may claim that certain
information within Defendant's opposition and Exhibit E to the
Declaration of Eric J. Troutman in support contain confidential
information.
The Defendant files this motion to afford the Plaintiff the
opportunity to file a declaration in support of sealing in
accordance with L.R. 79-5(f)(3). Unredacted copies of Defendant's
opposition to Plaintiff's motion for class certification
and Exhibit E to the declaration of Eric J. Troutman are attached
hereto.
Via Renewables is an independent retail energy services company.
A copy of the Defendant's motion dated Jan. 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qeT7Zq at no extra
charge.[CC]
The Defendant is represented by:
Eric J. Troutman, Esq.
Puja Amin, Esq.
Brittany A. Andres, Esq.
TROUTMAN AMIN, LLP
400 Spectrum Center Drive, Suite 1550
Irvine, CA 92618
Telephone: (949) 350-3663
Facsimile: (949) 203-8689
E-mail: troutman@troutmanamin.com
amin@troutmanamin.com
brittany@troutmanamin.com
VISION PATH: Court Continues Class Cert Hearing to July 17
----------------------------------------------------------
In the class action lawsuit captioned as Wesley Africa v. Vision
Path, Inc. et al., Case No. 2:23-cv-04570-GW-MRW (C.D. Cal.), the
Hon. Judge George Wu entered a ruling on third stipulation for
continuance of motion for class certification:
-- The Court is not convinced that a additional 180 days is
necessary for the preparation of documents addressing the
issue of class certification after the parties have already
been given two prior continuances of the hearing date.
-- Thus, the Court will grant a continuance of the hearing date
but only from May 15, 2025, to July 17, 2025.
Vision Path provides optical instruments.
A copy of the Court's ruling dated Jan. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=i5XyBz at no extra
charge.[CC]
VOLKSWAGEN GROUP: Class Settlement in Potvin Gets Final Nod
-----------------------------------------------------------
In the class action lawsuit captioned as DANA POTVIN, LISA BULTMAN,
MICHAEL MCKARRY, DAVID WABAKKEN, MOHAMED HASSAN, CHRISTINA MERRILL,
ERIC LEVINE, PATRICK DONAHUE, DEBBI BROWN, CAROL RADICE, TERRENCE
BERRY, AMANDA GREEN, DAVID WILDHAGEN, KATY DOYLE, TASHIA
CLENDANIEL, HOGAN POPKESS, KORY WHEELER, HARRY O'BOYLE, JOE
RAMAGLI, ERIC KOVALIK, CHARLES HILLIER, LABRANDA SHELTON, ADAM
MOORE, TINA GROVE, KEECH ARNSTEN, SCOTT CARTER, MIKE SHERROD,
CHRISTI JOHNSON, MARY KOELZER AND MARK STEVENS, Individually And On
Behalf Of All Others Similarly Situated, v. VOLKSWAGEN
AKTIENGESELLSCHAFT, VOLKSWAGEN GROUP OF AMERICA, INC., and
VOLKSWAGEN GROUP OF AMERICA CHATTANOOGA OPERATIONS, LLC, Case No.
2:22-cv-01537-JSA (D.N.J.), the Hon. Judge entered an order
granting the motion for final approval of class settlement:
The Court certifies, for the purpose of settlement, the following
Settlement Class consisting of:
"All present and former U.S. owners and lessees of certain
model year 2019 through 2023 Atlas and Atlas Cross Sport
vehicles, distributed by Defendant Volkswagen Group of
America, Inc. for sale or lease in the United States and
Puerto Rico, which are the subject of Recall 97GF and
specifically identified by Vehicle Identification Number
("VIN") in Exhibit 5 to the Settlement Agreement."
Excluded from the Settlement Class are: (a) all Judges who
have presided over the Action and their spouses; (b) all
current employees, officers, directors, agents and
representatives of Defendant, and their family members; (c)
any affiliate, parent or subsidiary of Defendant and any
entity in which Defendant has a controlling interest; (d)
anyone acting as a used car dealer; (e) anyone who purchased a
Settlement Class Vehicle for the purpose of commercial resale;
(f) anyone who purchased a Settlement Class Vehicle with
salvaged title and/or any insurance company who acquired a
Settlement Class Vehicle as a result of a total loss; (g) any
insurer of a Settlement Class Vehicle; (h) issuers of extended
vehicle warranties and service contracts; (i) any Settlement
Class Member who, prior to the date of the Settlement
Agreement, settled with and released Defendant or any Released
Parties from any Released Claims; and (j) any Settlement Class
Member who files a timely and proper Request for Exclusion
from the Settlement Class.
The Court grants final approval of the Class Settlement as set
forth in the Settlement Agreement and all its terms and provisions.
The Settlement is fair, reasonable, and adequate, and in all
respects satisfies the requirements of Fed. R. Civ. P. 23.
The Court excludes from the Settlement and Release, on the basis of
their valid and timely requests for exclusion, the 25 Settlement
Class Members who are listed on Exhibit A annexed hereto.
The requests for exclusion of Julio Gomez Juarez and Juanita
Gaxiola Isaguirre, Tyrina Quinn, Olga Voznuk, Marina Gonzalez,
Marianne Foreschm Marc Buck, and Mia Fiske, are denied.
Volkswagen is a manufacturer of passenger and commercial vehicles,
motorcycles, engines and turbomachinery.
A copy of the Court's order dated Jan. 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mvZvYr at no extra
charge.[CC]
VOLKSWAGEN GROUP: Martinez Files Suit Over Defective Vehicles
-------------------------------------------------------------
Maria Lydia Martinez, on behalf of herself and all others similarly
situated, Plaintiff v. Volkswagen Group of America, Inc.,
Defendant, Case No. 2:25-cv-00191 (D.N.J., January 8, 2025) is a
class action on behalf of the Plaintiff and a proposed class of
past and present owners and lessees of defective 2022-2023
Volkswagen Tiguan vehicles containing the EA888 2.0-liter TSI
engine model engine marketed, distributed, sold, warranted, and
serviced by Defendant.
According to the complaint, the Plaintiff and the Class were
damaged because the Class Vehicles contain defective EA888 engine
that consumes excessive amounts of engine oil between regularly
scheduled service visits (the "Oil Consumption Defect").
Specifically, as a result of defective piston rings in the EA888
engine, oil passes into the cylinder combustion chamber where it
burns off. The Oil Consumption Defect poses an extreme safety
hazard to drivers and other operators because it prevents the
engine from maintaining the proper level of engine oil, and causes
voluminous oil consumption that cannot be reasonably anticipated or
predicted, says the suit.
Despite having pre-sale knowledge of the Defect, VW failed to
disclose it to Plaintiff and other class members at the time of
purchase or lease. Had it done so, Plaintiff and class members
would not have purchased the Class Vehicles or would have paid
substantially less for them, the suit asserts.
Headquarters in Herndon, Virginia, Volkswagen Group of America,
Inc. is in the business of marketing, supplying, and selling motor
vehicles accompanied by written warranties to the public at large
through a system of authorized dealerships.[BN]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
LEMBERG LAW, LLC
43 Danbury Road
Wilton, CT 06897
Telephone: (203) 653-2250
Facsimile: (203) 653-3424
VOLKSWAGEN GROUP: Zeiders Files Fraud Suit in D.N.J.
----------------------------------------------------
A class action has been filed against VOLKSWAGEN GROUP OF AMERICA
INC. The case is captioned as STACY ZEIDERS and CALVIN WESTLUND, on
behalf of themselves and all others similarly situated v.
VOLKSWAGEN GROUP OF AMERICA INC., Case No. 2:24-cv-11197-BRM-JSA
(D.N.J., December 16, 2024).
The suit arises from the Defendant's fraudulent conduct.
The case is assigned to Judge Brian R. Martinotti.
Volkswagen Group of America Inc. markets and distributes
automobiles and auto parts.[BN]
The Plaintiffs are represented by:
Andrea Bonner, Esq.
SHUB & JOHNS LLC
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Telephone: (610) 477-8380
E-mail: abonner@shublawyers.com
- and -
Samantha E. Holbrook, Esq.
Benjamin F. Johns, Esq.
SHUB & JOHNS LLC
Four Tower Bridge
200 Barr Harbor Dr., Suite 400
West Conshohocken, PA 19428
Telephone: (610) 477-8380
E-mail: sholbrook@shublawyers.com
bjohns@shublawyers.com
VON MAUR: Faces Recek Suit Over False Sale Prices
-------------------------------------------------
TAMBRA RECEK, individually and on behalf of all others similarly
situated, Plaintiff v. VON MAUR, INC., Defendant, Case No.
1:25-at-00034 (E.D. Cal., January 9, 2025) seeks to hold Defendant
accountable for its unfair, deceptive, and unlawful policy of
displaying false or misleading discount or sale prices pursuant to
the California's Consumer Legal Remedies Act and False Advertising
Law.
According to the complaint, Von Maur has engaged in just such a
deceptive pricing scheme. Von Maur advertises perpetual or near
perpetual discounts on many of its products, supposedly offering
discounts of up to 50% off Von Maur's self-created, fictitious
reference prices. Von Maur's reference prices are false because Von
Maur rarely, if ever, offers the products for the reference price.
Instead, the inflated reference prices allow Von Maur to
continually advertise "sale" events and product discounts in order
to induce consumers into purchasing products, says the suit.
The Plaintiff seeks to bring claims on behalf of a Nationwide Class
and a California Subclass of consumers who purchased falsely
discounted products on Von Maur's website and is seeking, among
other things, to recover damages and injunctive or declaratory
relief ordering Defendant to disgorge all revenues unjustly
received from the proposed Classes due to its intentional and
unlawful practice of using false reference prices and false
discounts.
Von Maur, Inc. operates a chain of department stores as well as an
online website throughout the United States.[BN]
The Plaintiff is represented by:
Kyle McLean, Esq.
Lisa R. Considine, Esq.
David J. DiSabato, Esq.
Leslie L. Pescia, Esq.
SIRI & GLIMSTAD LLP
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Telephone: (213) 297-5195
Facsimile: 646-417-5967
E-mail: kmclean@sirillp.com
lconsidine@sirillp.com
ddisabato@sirillp.com
lpescia@sirillp.com
WARREN STREET: Zuckerman Alleges Discrimination, Retaliation
------------------------------------------------------------
SETH ZUCKERMAN, Plaintiff v. WARREN STREET HOTEL LLC, Defendant,
Case No. 1:25-cv-00314 (S.D.N.Y., January 13, 2025) is a class
action for disability discrimination and retaliation in violation
of the New York State Human Rights Law and the New York City Human
Rights Law.
Plaintiff Zuckerman is a member of a protected class under the
NYSHRL and was perceived by Defendant as such. He was qualified to
work as a Back of House Manager for Defendant and he satisfactorily
performed the duties required by the position he held with
Defendant.
The complaint alleges that Defendant discriminated against
Plaintiff Zuckerman and subjected him to adverse employment
actions. As a direct and proximate result of the unlawful
employment practices of Defendant, the Plaintiff has suffered and
continues to suffer damages, including lost earnings, lost
benefits, other financial loss, and emotional distress.
Further, the Defendant, unlawfully and without cause, retaliated
against Zuckerman as a direct result of asserting his rights and
opposing unlawful conduct under the NYCHRL.
Warren Street Hotel LLC is a hotel company based in New York
City.[BN]
The Plaintiff is represented by:
Alex Rissmiller, Esq.
RISSMILLER PLLC
5 Pennsylvania Plaza, 19th Floor
New York, NY 10001
Telephone: (646) 664-1412
E-mail: arissmiller@rissmiller.com
WASTE CONNECTIONS: Class Cert Discovery in PWSL Due Oct. 20
-----------------------------------------------------------
In the class action lawsuit captioned as PINNACLE WASTE SERVICES,
LLC, et. al., v. WASTE CONNECTIONS US, INC., et. al., Case No.
7:21-cv-02600-JDA (D.S.C.), the Hon. Judge Jacquelyn Austin entered
an amended scheduling order as follows:
Pursuant to the Federal Rules of Civil Procedure and the Local
Civil Rules of this Court, the following schedule is established
for this case.
1. The proponents of expert testimony on issues for which the
disclosing party bears the burden of proof shall disclose
that testimony, pursuant to Fed. R. Civ. P. 26(a)(2)(B) and
in compliance with all applicable rules and orders, by
Aug. 6, 2025.
2. Expert testimony in opposition to testimony disclosed under
Paragraph 1 shall be disclosed, pursuant to Fed. R. Civ. P.
26(a)(2)(B) and in compliance with all applicable rules and
orders, by Sept. 5, 2025.
3. Any rebuttal expert testimony shall be disclosed by Oct. 6,
2025.
4. All discovery shall be completed by Oct. 6, 2025 other than
depositions of experts which must be completed by Oct. 20,
2025.
5. The deadline to file any motion for summary judgment or
motion to certify a class shall be filed by Oct. 20, 2025.
6. Mediation, pursuant to Local Civil Rules 16.04–16.12 and
Judge Austin's mediation requirements, shall be completed in
this case no later than Dec. 1, 2025.
7. No motions relating to discovery shall be filed until
counsel have consulted and attempted to resolve the matter
as required by Local Civil Rule 7.02.
8. A Rule 56 Conference shall be held no later than Oct. 14,
2025.
9. All other motions, except those to complete discovery, those
nonwaivable motions made pursuant to Fed. R. Civ. P. 12, and
those relating to the admissibility of evidence at trial,
shall be filed no later than Dec. 8, 2025.
10. This case is subject to being called for a jury trial on
Dec. 22, 2025.
Waste Connections is a North American integrated waste services
company that provides waste collection, transfer, disposal and
recycling services.
A copy of the Court's order dated Jan. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SrUtFO at no extra
charge.[CC]
WELLS FARGO: Parties in Henzel Suit Seek to Extend Briefing Sched
------------------------------------------------------------------
In the class action lawsuit captioned as Henzel v. Wells Fargo
Bank, N.A. (J&J Investment Litigation), Case No.
2:22-cv-00529-GMN-NJK (D. Nev.), the Parties ask the Court to enter
an order extending the briefing schedules as follows:
(a) Opposition briefs to motions for summary judgment and class
certification shall be filed within 40 days of the filing
of the motion;
(b) Replies in support of motions for summary judgment and
class certification shall be filed within 20 days of the
filing of the opposition brief;
(c) Wells Fargo's opposition brief to the motion for class
certification shall be no more than 36 pages and Class
Plaintiffs' reply shall be no more than 18 pages; and
(d) Initial and opposition briefs for motions for summary
judgment shall be no more than 40 pages.
Wells Fargo offers online and mobile banking, home mortgage, loans
and credit, investment and retirement, wealth management, and
insurance services.
A copy of the Parties' motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=40F00w at no extra
charge.[CC]
The Plaintiff is represented by:
Daniel C. Girard, Esq.
Jordan Elias, Esq.
Tom Watts, Esq.
Jordan Isern, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dgirard@girardsharp.com
jelias@girardsharp.com
tomw@girardsharp.com
jisern@girardsharp.com
- and -
Eric Gibbs, Esq.
Amy Zeman, Esq.
David K. Stein, Esq.
Spencer S. Hughes, Esq.
Emily Beale, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
amz@classlawgroup.com
ds@classlawgroup.com
shughes@classlawgroup.com
eb@classlawgroup.com
- and -
Robert L. Brace, Esq.
Maria F. Elosu, Esq.
LAW OFFICES OF ROBERT L. BRACE
1807 Santa Barbara St.
Santa Barbara, CA 93101
Telephone: (805) 886-8458
E-mail: rlbrace@rusty.lawyer
mariaelosulaw@gmail.com
- and -
Miles N. Clark, Esq.
LAW OFFICES OF MILES N. CLARK,
LLC
5510 S. Fort Apache Rd., Suite 30
Las Vegas, NV 89148-7700
Telephone: (702) 856-7430
E-mail: miles@milesclarklaw.com
- and -
Jeffrey C. Schneider, Esq.
Jason K. Kellogg, Esq.
Marcelo Diaz-Cortes, Esq.
LEVINE KELLOGG LEHMAN
SCHNEIDER + GROSSMAN LLP
100 SE 2nd Street
Miami Tower, 36th Floor
Miami, FL 33131
E-mail: jcs@lklsg.com
jk@lklsg.com
md@lklsg.com
- and -
Jarrod L. Rickard, Esq.
Katie L. Cannata, Esq.
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
E-mail: jlr@skrlawyers.com
klc@skrlawyers.com
The Defendant is represented by:
Joseph G. Went, Esq.
Sydney R. Gambee, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Telephone: (702) 669-4600
Facsimile: (702) 669-4650
E-mail: jgwent@hollandhart.com
srgambee@hollandhart.com
- and -
K. Issac deVyver, Esq.
Alicia A. Baiardo, Esq.
Anthony Q. Le, Esq.
MCGUIREWOODS LLP
Two Embarcadero Center, Suite 1300
San Francisco, CA 94111
Telephone: (415) 844-9944
Facsimile: (415) 844.9922
E-mail: KdeVyver@mcguirewoods.com
ABaiardo@mcguirewoods.com
ALe@mcguirewoods.com
WELLS FARGO: Parties in Winkler Suit Seek to Extend Briefing Sched
------------------------------------------------------------------
In the class action lawsuit captioned as GEOFF WINKLER, as
court-appointed receiver for J&J Consulting Services, Inc., an
Alaska corporation; J&J Consulting Services, Inc., a Nevada
corporation; and J and J Purchasing LLC, Florida limited liability
company, v. WELLS FARGO BANK, N.A., Case No. 2:23-cv-00703-GMN-NJK
(D. Nev.), the Parties ask the Court to enter an order extending
the briefing schedules as follows:
(a) Opposition briefs to motions for summary judgment and class
certification shall be filed within 40 days of the filing
of the motion;
(b) Replies in support of motions for summary judgment and
class certification shall be filed within 20 days of the
filing of the opposition brief;
(c) Wells Fargo's opposition brief to the motion for class
certification shall be no more than 36 pages and Class
Plaintiffs' reply shall be no more than 18 pages; and
(d) Initial and opposition briefs for motions for summary
judgment shall be no more than 40 pages.
Wells Fargo offers online and mobile banking, home mortgage, loans
and credit, investment and retirement, wealth management, and
insurance services.
A copy of the Parties' motion dated Jan. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=LczGwq at no extra
charge.[CC]
The Plaintiff is represented by:
Daniel C. Girard, Esq.
Jordan Elias, Esq.
Tom Watts, Esq.
Jordan Isern, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dgirard@girardsharp.com
jelias@girardsharp.com
tomw@girardsharp.com
jisern@girardsharp.com
- and -
Eric Gibbs, Esq.
Amy Zeman, Esq.
David K. Stein, Esq.
Spencer S. Hughes, Esq.
Emily Beale, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
amz@classlawgroup.com
ds@classlawgroup.com
shughes@classlawgroup.com
eb@classlawgroup.com
- and -
Robert L. Brace, Esq.
Maria F. Elosu, Esq.
LAW OFFICES OF ROBERT L. BRACE
1807 Santa Barbara St.
Santa Barbara, CA 93101
Telephone: (805) 886-8458
E-mail: rlbrace@rusty.lawyer
mariaelosulaw@gmail.com
- and -
Miles N. Clark, Esq.
LAW OFFICES OF MILES N. CLARK,
LLC
5510 S. Fort Apache Rd., Suite 30
Las Vegas, NV 89148-7700
Telephone: (702) 856-7430
E-mail: miles@milesclarklaw.com
- and -
Jeffrey C. Schneider, Esq.
Jason K. Kellogg, Esq.
Marcelo Diaz-Cortes, Esq.
LEVINE KELLOGG LEHMAN
SCHNEIDER + GROSSMAN LLP
100 SE 2nd Street
Miami Tower, 36th Floor
Miami, FL 33131
E-mail: jcs@lklsg.com
jk@lklsg.com
md@lklsg.com
- and -
Jarrod L. Rickard, Esq.
Katie L. Cannata, Esq.
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
E-mail: jlr@skrlawyers.com
klc@skrlawyers.com
The Defendant is represented by:
Joseph G. Went, Esq.
Sydney R. Gambee, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Telephone: (702) 669-4600
Facsimile: (702) 669-4650
E-mail: jgwent@hollandhart.com
srgambee@hollandhart.com
- and -
K. Issac deVyver, Esq.
Alicia A. Baiardo, Esq.
Anthony Q. Le, Esq.
MCGUIREWOODS LLP
Two Embarcadero Center, Suite 1300
San Francisco, CA 94111
Telephone: (415) 844-9944
Facsimile: (415) 844.9922
E-mail: KdeVyver@mcguirewoods.com
ABaiardo@mcguirewoods.com
ALe@mcguirewoods.com
WELLS FARGO: SEB Seeks to Certify Rule 23 Class Action
------------------------------------------------------
In the class action lawsuit captioned as SEB INVESTMENT MANAGEMENT
AB, and WEST PALM BEACH FIREFIGHTERS' PENSION FUND, Individually
and On Behalf of All Others Similarly Situated, v. WELLS FARGO &
COMPANY, CHARLES W. SCHARF, KLEBER R. SANTOS, and CARLY SANCHEZ,
Case No. 3:22-cv-03811-TLT (N.D. Cal.), the Plaintiffs on April 29,
2025, will move this Court, pursuant to Federal Rule of Civil
Procedure ("Rule") 23, for an Order:
(1) certifying case as a class action;
(2) appointing the Plaintiffs as Class Representatives; and
(3) appointing Kessler Topaz Meltzer & Check, LLP as Class
Counsel.
The action arises from the Defendants' materially false and
misleading statements and omissions about Wells Fargo's diverse
hiring initiative, the Diverse Search Requirement.
The Plaintiffs seek to certify a class pursuant to Rule 23(a) and
(b)(3) on behalf of themselves and all other persons and entities
who purchased or otherwise acquired Wells Fargo common stock
between Feb. 24, 2021, and June 9, 2022, both dates inclusive, and
who were damaged thereby (the "Class").
Wells Fargo is an American multinational financial services
company.
A copy of the Plaintiffs' motion dated Jan. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=T6d8Xo at no extra
charge.[CC]
The Plaintiffs are represented by:
Jennifer L. Joost, Esq.
Stacey M. Kaplan, Esq.
Gregory Castaldo, Esq.
Sharan Nirmul, Esq.
Joshua A. Materese, Esq.
Evan Hoey, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
One Sansome Street, Suite 1850
San Francisco, CA 94104
Telephone: (415) 400-3000
Facsimile: (415) 400-3001
E-mail: jjoost@ktmc.com
skaplan@ktmc.com
gcastaldo@ktmc.com
snirmul@ktmc.com
jmaterese@ktmc.com
ehoey@ktmc.com
- and –
David R. Kaplan, Esq.
Marti Worms, Esq.
Emily R. Bishop, Esq.
Lester R. Hooker, Esq.
Alexander L. Strohmeyer, Esq.
Dianne M. Pitre, Esq.
SAXENA WHITE P.A.
505 Lomas Santa Fe Dr., Suite 180
Solana Beach, CA 92075
Telephone: (858) 997-0860
Facsimile: (858) 369-0096
E-mail: dkaplan@saxenawhite.com
mworms@saxenawhite.com
ebishop@saxenawhite.com
lhooker@saxenawhite.com
astrohmeyer@saxenawhite.com
dpitre@saxenawhite.com
- and –
Robert D. Klausner, Esq.
Bonni S. Jensen, Esq.
KLAUSNER KAUFMAN JENSEN & LEVINSON
7080 Northwest 4th Street
Plantation, FL 33317
Telephone: (954) 916-1202
Facsimile: (954) 916-1232
E-mail: bob@robertdklausner.com
bonni@robertdklausner.com
WESTERN CONFERENCE: Paieri Suit Seeks to Certify Three Classes
--------------------------------------------------------------
In the class action lawsuit captioned as Michael Paieri; Stanley
Sawyer, on behalf of themselves and all others similarly situated,
v. Western Conference of Teamsters Pension Trust; the Board of
Trustees of the Western Conference of Teamsters Pension Trust, Case
No. 2:23-cv-00922-LK (W.D. Wash.), the Plaintiffs ask the Court to
enter an order certifying the following classes under Rule 23(b)(1)
and (b)(2) or, alternatively, (b)(3), appointing Mr. Paieri and Mr.
Sawyer as class representatives of Class 1, appoint Mr. Paieri as
class representative of Classes 2 and 3 and appointing Martin &
Bonnett as Class Counsel.
Class 1:
"All Plan participants who were married at the time of retirement
and all surviving spouses of deceased plan participants who died
prior to retirement: 1) whose benefit commencement dates were on or
after Jan. 1, 2008 and prior to Jan. 1, 2024 and 2) who were
offered or received joint and survivor annuity ("JSA") benefits or
preretirement death benefits that were less valuable than they
would have been if they had been calculated by converting the
single life annuity ("SLA") into JSA benefits or preretirement
death benefits utilizing the mortality table specified by the
Internal Revenue Service pursuant to section 417(e) of the Internal
Revenue Code for the Calendar Year that includes the Plan Member's
Pension Effective Date (or Pension Increase Date) or, in the case
of calculation for a Surviving Spouse, the Calendar Year as
specified in Table Eight General Provisions of the 2024 Plan,
together with their surviving spouses, beneficiaries or
representatives of their estates."
Class 2:
"All Plan participants who, on or after October 31, 2009, had all
or a portion of their benefits suspended during retirement for
working in employment that was not "Covered Employment" as defined
under the Plan together with their surviving spouses, beneficiaries
or representatives of their estates."
Excluded from Class 2 are settlement class members in Becker v. W.
Conf. of Teamsters Pension Trust, Case No. CV 08-2130-PHX-FJM
(D. Ariz.).
Class 3:
"All Plan participants whose retirement benefits included a Benefit
Adjustment Option and who, prior to their Benefit Adjustment date,
had all or a portion of their benefits suspended for working during
retirement together with their surviving spouses, beneficiaries or
representatives of their estates."
Excluded from the claims in Class 3 are claims by any Becker
settlement class members related to benefit suspensions for working
in employment that was not “Covered Employment.
Western Conference offers multi-employer pension plan.
A copy of the Plaintiffs' motion dated Jan. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=NAawG2 at no extra
charge.[CC]
The Plaintiffs are represented by:
Susan Martin, Esq.
Jennifer Kroll, Esq.
Michael M. Licata, Esq.
MARTIN & BONNETT, P.L.L.C.
0999 N. Northlake Way, Suite 206B
Seattle, WA 98103
Telephone: (602) 240-6900
Facsimile: (602) 240-2345
WILSON COUNTY, TN: Judge Recommends Denial of Class Cert Bid
------------------------------------------------------------
In the class action lawsuit captioned as MARSHALL EDWARDS and ALICE
EDWARDS v. WILSON COUNTY GOVERNMENT et al., Case No. 3:24-cv-00831
(M.D. Tenn.), the Hon. Judge Barbara Holmes recommends that the
Plaintiffs' motion for class certification be denied and that the
Plaintiffs' petition for a writ of mandamus be denied.
Any objections to this Report and Recommendation must be filed
within 14 days of service of this Report and Recommendation and
must state with particularity the specific portions of this Report
and Recommendation to which objection is made.
Failure to file written objections within the specified time can be
deemed a waiver of the right to appeal the District Court's Order
regarding the Report and Recommendation. Any response to the
objections must be filed within 14 days after service of
objections.
The motion must be denied for the significant and conclusive reason
that Plaintiffs are proceeding pro se without representation by
counsel.
By their motion for class certification, the Plaintiffs seek an
order that certifies their lawsuit as a class action under Rule 23
of the Federal Rules of Civil Procedure and appoints them as the
class representatives for a class of plaintiffs consisting of:
"All individuals who, within the applicable statute of
limitations period, were: a) Provided with fraudulent or
misleading insurance documentation by Defendants Brown & Brown
Insurance Brokers, Fresh Co. Foods, LLC, or their agents; b)
Subjected to discriminatory practices or denial of due process
by Defendants Wilson County Court, Judge Michael Collins, City
of Lebanon Police Department, Wilson County Government, Wilson
County Board of Commissioners, Wilson County Judicial
District, or Wilson County Human Resources Department; or c)
Harmed as a result of negligent hiring, retention, or
supervision practices by any of the Defendants."
The Plaintiffs were injured by auto accident that occurred in
Wilson County, Tennessee, on August 25, 2022, when their car was
hit by a semi-truck driven by Defendant Brown.
The Plaintiffs allege that the police officer who was dispatched to
the scene of the accident from the City of Lebanon Police
Department, Officer Andy Byrnes, allowed Brown to leave the scene
of the accident without issuing him a citation for outdated
insurance despite "clear evidence that Brown lacked proper
insurance coverage for the commercial vehicle."
Marshall and Alice Edwards are residents of Atlanta, Georgia. They
filed this pro se and in forma pauperis lawsuit on July 9, 2024.
A copy of the Court's report and recommendation dated Jan. 16,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=UWrkBF at no extra charge.[CC]
WK KELLOGG: Faces Reyes Suit Over Mislabeled Cereal Products
------------------------------------------------------------
Victoria Reyes, on behalf of herself and all others similarly
situated, Plaintiff v. WK Kellogg Co. Defendants, Case No.
3:25-cv-00075-AJB-MMP (S.D. Cal., January 13, 2025) is a class
action against Kellogg for unfair and deceptive trade practices
with respect the front packaging of its cereal products in
violation of the California's Unfair Competition Law, False
Advertising Law, and Consumer Legal Remedies Act.
The complaint alleges that Kellogg uses deceptive photographs on
the front of its cereal boxes for the products to make it appear
that it contain strawberries. However, there are no strawberries
contained in the products. If Plaintiff knew that Kellogg's Frosted
Flakes contained no strawberries, she would not have purchased the
product, says the suit.
Ms. Reyes purchased one of the Products at issue at a CVS store
located in San Diego, California.
WK Kellogg Co is an American food manufacturing company, split from
Kellogg's on October 2, 2023, and headquartered in Battle Creek,
Michigan. It was formed in October 2023 as part of Kellogg's
spin-off of its North American cereal business.[BN]
The Plaintiff is represented by:
Allen R. Ball, Esq.
Brett Yorke, Esq.
LAW OFFICE OF BALL & YORKE
1001 Partridge Drive, Suite 330
Ventura, CA 93003
Telephone: (805) 642-5177
Facsimile: (805) 642-4622
E-mail: aball@ballandyorkelaw.com
brettyorke@ballandyorkelaw.com
- and -
Anthony Russo, Esq.
THE RUSSO FIRM
1001 Yamato Road, Suite 106
Boca Raton, FL 33431
Telephone: (844) 847-8300
E-mail: anthony@therussofirm.com
- and -
James C. Kelly, Esq.
THE RUSSO FIRM
244 5th Avenue, Suite K-278
New York, NY 10001
Telephone: (212) 920-5042
E-mail: jkelly@therussofirm.com
ZIROZI INC: Seeks More Time to File Class Cert Response
-------------------------------------------------------
In the class action lawsuit captioned as NEIL GAIKOWSKI,
individually and on behalf of all others similarly situated, v.
ZIROZI, INC., Case No. 2:24-cv-14281-AMC (S.D. Fla.), the Parties
ask the Court to enter an order extending Defendant's deadlines to
respond to pending discovery by 15 days and to amend the Parties'
class certification expert disclosures deadlines by affording an
additional 30 days for both initial and rebuttal disclosures.
The Parties request for this Honorable Court to extend the
deadlines for Defendant to respond to Plaintiff’s first set of
discovery to Jan. 31, 2025, and to amend and extend the deadlines
associated with exchange of expert witness reports and summaries on
class certification as outlined herein, and for any and all other
relief this Court deems just and proper.
The Defendant needs additional time to respond to Plaintiff’s
initial discovery requests beyond the current Jan. 16, 2025,
deadline, in order to continue its evaluation of Plaintiff's
requests, to gather necessary information and responsive documents,
prepare appropriate responses and to secure its client's express
consent to the substance and form of the responses.
The Parties require additional time for class certification expert
disclosures while fact discovery is ongoing, allowing sufficient
opportunity for the Parties to conduct some initial discovery,
determine if class certification experts will be required, and to
allow these experts time to review and prepare initial opinions and
reports, and then rebuttal opinions and reports, as may be
required.
The Parties agree that neither party will be prejudiced by the
requested extension, and the Parties certify that they are seeking
an extension in good faith.
The proposed extensions will not interfere with any other deadlines
in this case, which may remain the same, and granting these
extensions will allow the Parties sufficient time to conduct
initial discovery, determine if class certification experts should
be retained, and allow those experts a sufficient opportunity to
review the available record to prepare their opinions and reports,
and if required, their rebuttal opinions and reports.
Zirozi sells used and new electronics, phone and desktop
accessories, and other consumer electronics.
A copy of the Parties' motion dated Jan. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BaRjN8 at no extra
charge.[CC]
The Plaintiff is represented by:
Joshua H. Eggnatz, Esq.
EGGNATZ | PASCUCCI, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (954) 889-3359
E-mail: jeggnatz@justiceearned.com
- and -
Alexander J. Korolinsky, Esq.
AJK LEGAL
1580 Sawgrass Corp. Pkwy, Suite 130
Sunrise, FL 33323
Telephone: (888) 815-3350
E-mail: korolinsky@ajklegal.com
The Defendant is represented by:
Eve A. Cann, Esq.
Spencer D. Leach, Esq.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
200 East Broward Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Telephone: (954) 768-1600
E-mail: ecann@bakerdonelson.com
sleach@bakerdonelson.com
*********
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
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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 2025. All rights reserved. ISSN 1525-2272.
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