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C L A S S A C T I O N R E P O R T E R
Wednesday, April 30, 2025, Vol. 27, No. 86
Headlines
14TH & PARK LLC: Mott Files TCPA Suit in N.D. Georgia
1500 BK LLC: Brito Sues Over Inaccessible Property
1ST LAKE: Court Continues Cass Cert Hearing in Merrell Suit
3M COMPANY: Hernandez Suit Removed to C.D. California
AARP: Seeks to File Class Cert Docs Under Seal in Markels Suit
ABM INDUSTRY: Filing of Reply Brief Adjusted to May 5
ACADEMY SCHOOL: Seeks to Dismiss Plaintiffs' Class Complaint
ACADIA PHARMA: A.B. Data Appointed as Third Party Administrator
ADAMS VEGETABLE: Avocado Oil's Non-GMO Claims "False," Vanni Says
ADM INVESTOR: Nefertiti Appeals Ruling in Kumaran Suit
ADOBE INC: Faces Rapak Class Action Suit in N.D. Calif.
AETNA LIFE: Discovery Must be Completed by Feb. 27, 2026
AHS MANAGEMENT: Class Settlement in McCool Gets Initial Nod
AIR FAYRE CA: Miller Suit Removed to C.D. California
ALABAMA: Plaintiffs Must File Class Cert Bid by April 30
ALDI INC: Frost Bid for Class Certification Due Nov. 10
ALLIED PROPERTY: Oddi Class Cert. Bid Partly OK'd
ALLSTATE INSURANCE: Seeks Review of Discovery Ruling
ALLY FINANCIAL: Bid to Seal Unredacted Summary Judgment Memo OK'd
ALYK INC: Intercepts Customers' Communications, Class Suit Alleges
AMAZON.COM INC: Kolotinsky Suit Transferred to W.D. Washington
AMAZON.COM INC: Seeks to File Confidential Docs Under Seal
AMERICAN FAMILY: Filing for Class Cert in Hacker Due June 5
AMERICAN HONDA: Plaintiff Must File Class Cert Bid by August 7
ANHEUSER-BUSCH LLC: Court Modifies Scheduling Order in Overby
APOLLO JETS LLC: Kaya Files TCPA Suit in S.D. New York
APPLE INC: Products' Packaging Omits Disclosures, Maxwell Says
APPLIED THERAPEUTICS: Continues to Defend Shareholder Suits
ASKET INC: Court Stays Further Proceedings in Morris
ASPYR MEDIA: Seeks Leave to File Selected Attachments Under Seal
ASPYR MEDIA: Seeks to Strike Bid for Class Certification
ATKORE INC: Faces Buckingham Suit Over PVC Pipes' Price Conspiracy
AUTOZONE PARTS: Reynolds Suit Removed to W.D. Washington
BALLY'S MANAGEMENT: Williams Sues Over Illegal Tobacco Surcharges
BEE SWEET: Faces Alvarez Employment Suit in Calif. Super. Court
BIGBEAR.AI HOLDINGS: Bids for Lead Plaintiff Deadline Set June 10
BOB EVANS: Mitchell Seeks to Certify Class
BRICKELL BRANDS: Website Inaccessible to the Blind, Cole Says
BYTEDANCE INC: Armbruster Suit Transferred to C.D. California
BYTEDANCE INC: R. W. Suit Transferred to C.D. California
CALIFORNIA PHYSICIANS': Pocci Sues Over Private Info Disclosure
CALIFORNIA PHYSICIANS: Aiello Sues Over Unscrupulous Practice
CALIFORNIA PHYSICIANS: Discloses Medical Info to Google, Suit Says
CALIFORNIA PHYSICIANS: Discloses Patients' Info, Suit Claims
CALIFORNIA PHYSICIANS: Torres Balks at Disclosure of Patients' Info
CAMUTO IPCO: Faces Scott Suit Over Route Package Protection Fees
CANADA: Court Denies Class Suit Over Mouldy Warships
CAPITAL ASSET MANAGEMENT: Ryan Suit Removed to D. Maryland
CARAWAY HOME: Hampton Suit Removed to C.D. California
CARAWAY HOME: Hampton Suit Removed to C.D. California
CELESTRON ACQUISITION: Hightower Class Settlement Gets Final Nod
CHRISWELL HOME: Class Cert Bid Filing Due April 10, 2026
CHUNG LLC: Li Sues to Recover Lost Wages
CIUNI & PANICHI: Fails to Protect Personal Info, Johnson Says
CIUNI & PANICHI: Fails to Secure Private Info, Resendiz Alleges
COLORADO WEST: Powers Sues Over Mass Layoff Without Advance Notice
CROSSROADS TRADING: Medina Sues Over Unprotected Personal Info
DMC CORPORATION: Thorne Sues Over Blind's Equal Access to Website
DONALD TRUMP: Bid to Amend Definition of Certified Class OK'd
DRAFTKINGS INC: Solicits Users to Gamble Large Sums, Macek Says
EISNER ADVISORY: Niosi Sues Over Failure to Secure Personal Info
EISNER ADVISORY: Ouellette Sues Over Inadequate Data Security
ELEVANCE HEALTH: Kneppar Seeks Leave to File Documents Under Seal
ELEVANCE HEALTH: Kneppar Seeks Rule 23 Class Certification
ENTRAVISION COMMUNICATIONS: Mizel Sues Over Incorrect Tax Return
EPSILON DATA MANAGEMENT: McGee Files Suit in C.D. California
EQUITY PRIME: Brown Suit Seeks Unpaid OT Wages Under FLSA, NJWHL
ETESOR ENTERPRISES: Marcano Suit Seeks Minimum Wages Under FLSA
EVERUS CONSTRUCTION: Faces Securities Class Action Lawsuit
FANDANGO MEDIA: Beer Sues Over Deceptive Advertised Memberships
FARIS PROPERTIES: Powell Sues Over Unpaid Overtime, Retaliation
FARMER JON'S: Popcorn Does Not Contain Butter, Corless Alleges
FCA US: Mack Suit Seeks to Certify New York Class
FISKARS BRANDS: Parties Must Confer Class Cert Deadlines
FLORIDA: Anderson Suit Seeks More Time to File Class Cert Bid
FORD MOTOR: Class Cert Bid Filing Modified to August 11
FRANKLIN COUNTY, OH: Seeks More Time to File Class Cert Response
FUTURE FINTECH: Continues to Defend "LaBelle" Suit
G & S PIZZA: Court Certifies Schilling Collective Action
GEICO GENERAL: Bid to Compel Appraisal Denied
GENESYS CLOUD: Illegally Intercepts Communications, Suit Alleges
GIANNELLA'S MODERN: Alarcon Seeks to Certify Settlement Class
GLANBIA PERFORMANCE: Banks Suit Removed to C.D. California
GOOGLE LLC: Faces Anderson Class Suit Over Retaliatory Termination
GREDE HOLDINGS: Fails to Protect Personal Info, McCorvey Says
GROUPON INC: Faces Ingber Suit Ove Fraudulent Voucher Sale
HARRY'S INC: Thorne Suit Seeks Blind's Equal Access to Online Store
HESS CORP: Wagner Seeks Class Certification
HEWLETT-PACKARD CO: Settles False Advertising Class Suit for $4M
HOFFER LLC: Knoche Files TCPA Suit in M.D. Florida
IFCO SYSTEMS: DeAnda-Zavala Labor Suit Removed to E.D. Calif.
INDIAN RIVER: Faus Sues Over Illegal Giving of Failing Grades
INSPIRATO INC: Faces Koch Shareholder Suit over SEC Filing
INTER-CON SECURITY: Rivera Files Suit in Cal. Super. Ct.
INTRASYSTEMS LLC: O'Dell Suit Transferred to W.D. Pennsylvania
JAMES KOUTOULAS: Plaintiffs Seek Approval of Class Notice Plan
JOSEPH'S COLLEGE: Fails to Secure Personal Info, Dyer Suit Says
KEYSTONE REMODELING: Murch Directed to Conduct Class Certification
KRISTI NOEM: Parole Grantee Class Gets Certification
KYNDRYL HOLDINGS: Rosen Law Probes Potential Securities Claims
LABORATORY SERVICES: Daniels Files Suit in W.D. Washington
LARAMAX CORP: Castillo Sues to Recover Unpaid Overtime Wages
LATCH INC: Settlement in Brennan Suit Gets Initial OK
LATCH INC: Settlement of Consolidated Securities Suit for Court Nod
LEE UNIVERSITY: Fails to Secure Personal, Health Info, Goodine Says
LIFECARE MEDICAL: Nonnulla Seeks Unpaid Wages Under FLSA, VOWA
LIFELONG ADOPTIONS: E.H. Files Suit in E.D. California
LIME ROCK: Chastain Suit Removed to W.D. Oklahoma
LIVE NATION: Faces Holmes Class Suit Over Illegal Drip Pricing
LONG BEACH, CA: Guma Seeks to Certify Class Action
LVNV FUNDING: Shaw Seeks More Time to File Class Cert Bid
MANAGED CARE: Parties Seek More Time to File Class Cert Bid
ME TOO LLC: Hippe Seeks Equal Website Access for Blind Users
MOBIZ INC: Faces Novia Class TCPA Suit Over Telemarketing Calls
MORTGAGE RESEARCH: Warnocks Seek to Certify Class Action
MR. THROWBACK: Faces Zhang Suit Over Blind-Inaccessible Website
NATERA INC: Appeals Class Cert. Order in Schneider Suit to 5th Cir.
NATIONWIDE RECOVERY: Fails to Secure Personal Info, Cooper Alleges
NATIONWIDE RECOVERY: Nail Sues Over Unprotected Personal Info
NELLIS AUCTION: Schaaf Suit Seeks Unpaid Wages for Warehouse Staff
NET POWER: Faces Class Action Lawsuit Over Securities Fraud
NET POWER: Faces Luciani Securities Suit Over Stock Price Drop
NEW YORK: Faces Whalen Suit Over Failure to Protect Clients' Info
NISSAN NORTH: Seeks More Time to File Writ of Certiorari in Johnson
OBI SEAFOODS: Fails to Secure Personal, Health Info, Hamlin Says
ONTRAK INC: Dick Appeals Remain Pending in 9th Circuit
ONTRAK INC: Intends to Defend "Braun" Securities Suit
ORACLE HEALTH: Fails to Secure Personal, Health Info, Blount Says
ORACLE HEALTH: Fails to Secure Personal, Health Info, Moore Says
PACIFIC MARITIME: Phillips Labor Suit Removed to N.D. Calif.
PAYSIGN INC: Settles Yilan Securities Suit for $3.75MM
PEAK OUTCOMES: Muza Seeks Minimum Wage, OT Under FLSA, NYLL
PEPPER GATE: Website Inaccessible to the Blind, Henry Alleges
PICTSWEET COMPANY: Santos Labor Suit Removed to C.D. Calif.
PLAKOS SCRAP: Faces Perez Wage-and-Hour Suit in E.D.N.Y.
POWERSCHOOL HOLDINGS: Fails to Protect Personal Info, J.R. Says
PURPLE INNOVATION: Dalton Sues Over Blind-Inaccessible Website
QR JOY: Faces Amiel Over Vapes' Deceptive Marketing Practices
RASTELLI FOODS: Lewis Sues Over Unlawful Telephonic Calls
RENT THE RUNWAY: "Sharma" Suit Remains Pending in N.Y.
RH: Bleichmar Fonti Investigates Potential Securities Claims
RISE BRANDS: Anello Sues to Recover Unpaid Minimum, Overtime Wages
ROBLOX CORP: Collects Children's Personal Info, Garcia Alleges
RODL MANAGEMENT: Fails to Secure Personal Info, Fuchs Says
ROYAL CUSTOM: Fails to Provide 60 Days' Notice Under WARN Act
RUGSUSA LLC: Faces Preciado Class Suit Over Fake Sales
SALIM NATHOO: Breaches Fiduciary Duties, Genesee Suit Alleges
SCOUT COFFEE: Stracener Suit Seeks Unpaid Wages for Baristas
SHENZHEN SMOORE: Conspires to Fix Vapes' Prices, Redbud Suit Claims
SILVER STATE: Quinata EFTA Suit Removed to D. Nevada
SKOPOS FINANCIAL: Phillipson Files TCPA Suit in N.D. Georgia
SOUTHEAST SERIES: Bravo Sues Over Failure to Secure PII & PHI
SOUTHEAST SERIES: Fails to Safeguard Personal Info, Ward Says
SOUTHEAST SERIES: Nolley Alleges Unauthorized Personal Info Access
SPOONWOOD INC: Website Inaccessible to the Blind, Hampton Alleges
SSP AMERICA: Cabral Sues Over Unpaid Minimum, Overtime Wages
STEVENS TRUCKING: Faces Sanders Wage-and-Hour Suit in W.D. Okla.
T-MOBILE USA: Castillo Files Suit in Cal. Super. Ct.
TESLA INC: Quebec High Court OKs Paint Defects' Class Suit
TEXAS WESLEYAN: Fails to Secure Personal Info, Chism Suit Alleges
THINK SMARTFINANCIAL.COM: Taylor Suit Transferred to S.D. Ohio
TIRE STAFFING: Fails to Pay Proper Wages, Aguilar Suit Says
TOTAL SAFETY: Maya Suit Removed to N.D. California
TRAVELPRO PRODUCTS: Garcia Suit Removed to C.D. California
TRUE RELIGION APPAREL: Nuri Suit Removed to W.D. Washington
ULTRAHUMAN HEALTHCARE: Faces Suit Over Blind-Inaccessible Website
UNIFIED DOOR: Vanover Suit Seeks Installers' Unpaid Overtime Wages
UNITED STATES: Faces Pasula Over Termination of Students' Status
UNIVERSITY OF CHICAGO: Bishop Alleges Blind-Inaccessible Website
VERMONT'S ORIGINAL: Blind Users Can't Access Website, Thorne Says
WALKER FOODS: Casillas Suit Removed to C.D. California
WELLBOTS INC: Rubio Files TCPA Suit in S.D. New York
WORLDWIDE FLIGHT: Snipes Suit Removed to N.D. California
WYNN MA: Fails to Send Notice of Gambling Wins, Losses, Suit Says
ZENAS BIOPHARMA: Buathongsri Sues Over Securities Act Violations
*********
14TH & PARK LLC: Mott Files TCPA Suit in N.D. Georgia
-----------------------------------------------------
A class action lawsuit has been filed against 14th & Park LLC. The
case is styled as William Mott, on behalf of himself and all others
similarly situated v. 14th & Park LLC, Case No. 1:25-cv-02144-ELR
(N.D. Ga., April 18, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
14TH & PARK LLC is a Georgia Domestic Limited-Liability
Company.[BN]
The Plaintiff is represented by:
John A. Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Ste. 330
Alpharetta, GA 30009
Phone: (404) 855-3600
Email: tlove@loveconsumerlaw.com
1500 BK LLC: Brito Sues Over Inaccessible Property
--------------------------------------------------
Carlos Brito, individually and on behalf of all other similarly
situated mobility-impaired individuals v. 1500 BK LLC and PHOENIX
OF 152 ND ST LLC D/B/A BURGER KING #8296, Case No.
1:25-cv-21862-XXXX (S.D. Fla., April 23, 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 Defendants' commercial retail plaza (hereinafter the
"Commercial Property") being inaccessible to people who are
disabled.
Although well over 33 years have passed since the effective date of
Title III of the ADA, Defendants have yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead time and the extensive publicity the ADA has received since
1990, Defendants have continued to discriminate against people who
are disabled in ways that block them from access and use of
Defendants' property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the commercial property and commercial restaurant business within
the subject restaurant in violation of the ADA 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
commercial restaurant. The barriers to access at Defendants'
commercial property and commercial restaurant business have each
denied or diminished Plaintiff's ability to visit the commercial
property and have endangered his safety in violation of the ADA.
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, as prohibited by the
ADA, says the complaint.
The Plaintiff is a paraplegic (paralyzed from his T-6 vertebrae
down) and requires the use of a wheelchair to ambulate.
1500 BK LLC, owns, operates, and oversees the commercial property,
with all areas open to the public..[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
1ST LAKE: Court Continues Cass Cert Hearing in Merrell Suit
-----------------------------------------------------------
In the class action lawsuit captioned as KEVIN MERRELL, V. 1ST LAKE
PROPERTIES, INC. Case No. 2:23-cv-01450-SSV-DPC (E.D. La.), the
Hon. Judge Sarah Vance entered an order continuing the class
certification hearing pending its ruling on the preliminary
approval of class action settlement.
The Court will set a date for the class certification hearing at a
later time if it is necessary to do.
1st Lake designs and develops apartment units.
A copy of the Court's order dated April 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=m7Kua6 at no extra
charge.[CC]
3M COMPANY: Hernandez Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Mario Hernandez, an individual, and on behalf
of all persons similarly situated v. 3M COMPANY, a Corporation; and
DOES 1 through 50, inclusive, Case No. CVRI2501364 was removed from
the Superior Court for the State of California, in and for the
County of Riverside, to the United States District Court for the
Central of California on April 18, 2025, and assigned Case No.
5:25-cv-00960.
The Complaint asserts the following causes of action: Unfair
Competition; Failure To Pay Minimum Wages; Failure To Pay Overtime
Wages; Failure to Provide Required Meal Periods; Failure to Provide
Required Rest Periods; Failure To Provide Accurate Itemized
Statements; Failure to Reimburse Employees for Required Expenses;
Failure to Provide Wages When Due; and Failure to Pay Sick Pay
Wages.[BN]
The Defendants are represented by:
David J. Dow, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Phone: 619.232.0441
Fax: 619.232.4302
Email: ddow@littler.com
AARP: Seeks to File Class Cert Docs Under Seal in Markels Suit
--------------------------------------------------------------
In the class action lawsuit captioned as JAN MARKELS, WILLIAM
MARTIN, and LYNN SEDA individually and on behalf of all others
similarly situated, v. AARP, Case No. 4:22-cv-05499-YGR (N.D.
Cal.), the Defendant will move the Court to consider whether
certain portions of documents filed in opposition to the
Plaintiffs' motion for class certification should be sealed,
pursuant to Civil Local Rules 7-11 and 79-5.
As outlined in Section 12(b) of the Standing Order, the documents
relevant to this sealing Administrative Sealing Motion are set
forth in the chart below. All of these documents contain material
designated as "Confidential" and/or "Highly Confidential" by AARP,
Plaintiffs, and/or non-party Meta. Pursuant to Section 12(b) of the
Standing Order, the reasons for sealing will be addressed in a
forthcoming omnibus motion.
AARP thus requests that the Court consider whether the following
documents materials designated as Confidential should be filed
under seal:
AARP is an interest group in the United States focusing on issues
affecting those over the age of fifty.
A copy of the Defendant's motion dated April 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1cKlDo at no extra
charge.[CC]
The Defendant is represented by:
Travis LeBlanc, Esq.
Matthew D. Brown, Esq.
Bethany Lobo, Esq.
Harrison B. Park, Esq.
Tiana Demas, Esq.
Stephanie J. Schuyler, Esq.
COOLEY LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Telephone: (415) 693-2000
E-mail: tleblanc@cooley.com
brownmd@cooley.com
blobo@cooley.com
hpark@cooley.com
tdemas@cooley.com
ansorgejt@cooley.com
jsimpsonlagoy@cooley.com
sschuyler@cooley.com
ABM INDUSTRY: Filing of Reply Brief Adjusted to May 5
-----------------------------------------------------
In the class action lawsuit captioned as EFREN LINARES,
individually, and on behalf of all others similarly situated, and
on behalf of the State of California and aggrieved employees
pursuant to the Private Attorneys General Act, v. ABM INDUSTRY
GROUPS, LLC., FLOWERS BAKING CO. OF MODESTO, LLC., and DOES 1
through 50, inclusive; Case No. 1:22-cv-00816-TLN-CKD (E.D. Cal.),
the Hon. Judge Troy L. Nunley entered an order adjusting the
Court's Class Action Scheduling Order issued on Jan. 23, 2024 as
follows:
The Plaintiff's reply brief in support of class certification is
due by May 5, 2025 (previously April 14, 2025).
The Plaintiff filed his motion for class certification on Dec. 16,
2024.
The Parties previously stipulated to, and this Court approved, two
extensions on Defendants' deadline to file their opposition to
class certification.
ABM provides facility services.
A copy of the Court's order dated April 11, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WlUxak at no extra
charge.[CC]
The Plaintiff is represented by:
Stan S. Mallison, Esq.
Hector R. Martinez, Esq.
Daniel C. Keller, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612
Telephone: (510) 832-9999
Facsimile: (510) 832-1101
E-mail: StanM@TheMMLawFirm.com
HectorM@TheMMLawFirm.com
Dkeller@TheMMLawFirm.com
The Defendants are represented by:
Alexander M. Chemers, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINES, NASH, SMOAK &
STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239- 9045
E-mail: Alexander.chemers@ogletree.com
Paul.smith@ogletree.com
ACADEMY SCHOOL: Seeks to Dismiss Plaintiffs' Class Complaint
------------------------------------------------------------
In the class action lawsuit captioned as John Doe, a minor, by and
through his next friends, Jack Doe and Jane Doe, v. Academy School
District 20, Case No. 1:24-cv-03477-SKC-MDB (D. Colo.), the
Defendant asks the Court to enter an order granting requests
dismissing the Plaintiffs' complaint.
The Complaint is an IDEA FAPE matter that has been set for but has
yet to proceed to an administrative hearing. Thus, the entire
matter should be DISMISSED.
J.D. is a student with an IDEA disability.
Academy District 20 is a school district located in El Paso County,
Colorado.
A copy of the Defendant's motion dated April 15, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=j9Wa1P at no extra
charge.[CC]
The Plaintiffs are represented by:
Igor Raykin, Esq.
Kaity Tuohy, Esq.
KISHINEVSKY & RAYKIN, LLC
2851 S. Parker Rd., Suite 150
Aurora, CO 80014
Telephone: (720) 748-8888
Facsimile: (720) 748-8894
E-mail: kaity@coloradolawteam.com
igor@coloradolawteam.com
The Defendant is represented by:
John R. Stanek, Esq.
ORTEN CAVANAGH HOLMES & HUNT, LLC
111 S. Tejon St., Suite 400
Springs, CO 80903
Telephone: (719) 228-6049
E-mail: jstanek@ochhoalaw.com
- and -
Tonya J. Thompson, Esq.
GENERAL COUNSEL
1110 Chapel Hills Dr.
Colorado Springs, CO 80920
Telephone: (719) 234-1216
E-mail: tonya.thompson@asd20.org
ACADIA PHARMA: A.B. Data Appointed as Third Party Administrator
---------------------------------------------------------------
In the class action lawsuit captioned as CITY OF BIRMINGHAM RELIEF
AND RETIREMENT SYSTEM; and OHIO CARPENTERS' PENSION FUND,
Individually and On Behalf of All Others Similarly Situated, v.
ACADIA PHARMACEUTICALS, INC.; STEPHEN R. DAVIS; and SRDJAN (SERGE)
R. STANKOVIC, Case No. 3:21-cv-00762-WQH-MSB (S.D. Cal.), the Hon.
Judge William Hayes entered an order as follows:
1. The Court appoints A.B. Data, Ltd. as the third-party
administrator who will administer Plaintiffs' Notice Plan;
2. The Court approves, as to form and substance, the proposed
forms of the Postcard Notice, the Summary Notice of
Pendency of Class Action, and the Notice of Pendency of
Class Action.
3. Within 14 days of the date of entry of this Order, Acadia
shall provide to, or cause its stock transfer agent to
provide to Scott+Scott Attorneys at Law LLP ("Class
Counsel") the Certified Class Member List, containing the
names and addresses (and email addresses, if possible) of
any potential Class Members.
On March 11, 2024, the Court issued an Order granting the Motion
for Class Certification and Appointment of Class Representatives
and Class Counsel filed by the Plaintiffs City of Birmingham Relief
and Retirement System and Ohio Carpenters' Pension Fund.
The Court certified the following class pursuant to Federal Rule of
Civil Procedure 23:
"All persons and entities who purchased or otherwise
acquired shares of Acadia common stock during the period
from Sept. 9, 2019 through April 4, 2021 (inclusive), and
were damaged thereby."
Excluded from the Class are (i) Defendants; (ii) the past
and current officers and directors of Acadia; (iii) the
immediate family members, legal representatives, heirs,
parents, subsidiaries, predecessors, successors, and
assigns of any excluded person or entity; and (iv) any
entity in which any excluded person(s) have or had a
majority ownership interest, or that is or was controlled
by any excluded person or entity.
Acadia is a biopharmaceutical company.
A copy of the Court's order dated April 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VRe8OG at no extra
charge.[CC]
ADAMS VEGETABLE: Avocado Oil's Non-GMO Claims "False," Vanni Says
-----------------------------------------------------------------
ASHLEY VANNI, individually and on behalf of all others similarly
situated, Plaintiff v. ADAMS VEGETABLE OILS, INC., Defendant, Case
No. 3:25-cv-03233-SK (N.D. Cal., April 10, 2025) is a class action
against the Defendant for violations of the California Consumer
Legal Remedies Act and California's Unfair Competition Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of the Marianne's
Harvest Brands avocado oil. The Defendant advertised and sold the
product to consumers as "non-GMO" and/or "non-GMO Project
Verified." However, the avocado oil is non-genetically modified
organism (non-GMO), no GMO version of avocado oil is present on the
market today. Had the Plaintiff and other consumers similarly
situated known the truth, they would not have purchased the
product.
Adams Vegetable Oils, Inc. is a manufacturer of specialty vegetable
oils, with its principal place of business in Arbuckle, California.
[BN]
The Plaintiff is represented by:
Craig W. Straub, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
Email: craig@crosnerlegal.com
ADM INVESTOR: Nefertiti Appeals Ruling in Kumaran Suit
------------------------------------------------------
NEFERTITI RISK CAPITAL MANAGEMENT, LLC is taking an appeal from
court orders in the lawsuit entitled Samantha Siva Kumaran, et al.,
individually and on behalf of and all others similarly situated,
Plaintiffs, v. ADM Investor Services, Inc., Defendant, Case No.
1:20-cv-3873, in the U.S. District Court for the Southern District
of New York.
As previously reported in the Class Action Reporter, the lawsuit is
brought against the Defendant for violations of the Racketeer
Influenced and Corrupt Organizations Act, common law fraud, fraud
and deceptive business practices, fraudulent inducement of
contract, aiding and abetting in fraud, civil conspiracy,
misappropriation of trade secrets, interference in economic
advantage, unjust enrichment, recission, breach of contract, gross
negligence, and breach of duty of good faith and fair dealing.
On June 20, 2024, the Defendant filed a motion to confirm
arbitration award.
On July 5, 2024, the Plaintiffs filed a cross motion to stay.
On Oct. 24, 2024, Magistrate Judge Stewart D. Aaron entered a
Report and Recommendation (R&R) to grant the Defendant's motion to
confirm arbitration award and deny the Plaintiffs' cross motion to
stay.
On Jan. 17, 2025, Judge Gregory H. Woods entered an Order adopting
the R&R in full.
On Jan. 31, 2025, Plaintiff Kumaran filed a motion for
reconsideration of the Jan. 17 Order, which Judge Woods denied on
Apr. 1, 2025.
The appellate case is captioned Kumaran v. ADM Investor Services,
Inc., Case No. 25-805, in the United States Court of Appeals for
the Second Circuit, filed on April 7, 2025. [BN]
Plaintiff-Appellant NEFERTITI RISK CAPITAL MANAGEMENT, LLC, is
represented by:
Aaron H. Pierce, Esq.
PIERCE & KWOK LLP
299 Broadway, Suite 1405
New York, NY 10007
ADOBE INC: Faces Rapak Class Action Suit in N.D. Calif.
-------------------------------------------------------
A class action lawsuit has been filed against Adobe Inc. The case
is captioned as Nicholas Rapak, individually and on behalf of all
others similarly situated v. Adobe Inc., Case No. 5:25-cv-03032-NW
(N.D. Cal., April 2, 2025).
The case is assigned to the Hon. District Judge Noel Wise.
The suit demands $5,000,000 in damages.
Adobe Inc. is a multinational computer software company
headquartered in San Jose, California, known for its creative
software products, including Photoshop, Illustrator, and Premiere
Pro. The company was founded in 1982 and is the global leader in
digital media and digital marketing solutions.[BN]
The Plaintiff is represented by:
Amber Love Schubert, Esq.
Robert C. Schubert, Esq.
Willem F. Jonckheer, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union St Ste 200
San Francisco, CA 94123
Telephone: (415) 788-4220
Facsimile: (415) 788-0161
E-mail: aschubert@sjk.law
rschubert@sjk.law
wjonckheer@sjk.law
- and -
Christian Levis, Esq.
Amanda Grace Fiorilla, Esq.
Rachel Isabel Kesten, Esq.
Yuanchen Lu, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: clevis@lowey.com
afiorilla@lowey.com
rkesten@lowey.com
ylu@lowey.com
AETNA LIFE: Discovery Must be Completed by Feb. 27, 2026
--------------------------------------------------------
In the class action lawsuit captioned as BINAH GORDON, ET AL., v.
AETNA LIFE INSURANCE COMPANY, Case No. 3:24-cv-01447-VAB (D.
Conn.), the Hon. Judge Victor A. Bolden entered a scheduling order
as follows:
-- Depositions of fact witnesses shall be completed by Oct. 31,
2025.
-- Designation of expert witnesses on issues which the parties
bear the burden of proof due by Nov. 7, 2025.
-- Depositions of expert witnesses on issues which the parties
bear the burden of proof due by Dec. 19, 2025.
-- Designation of expert witnesses on issues which the parties do
not bear the burden of proof due by Jan. 23, 2026.
-- Depositions of expert witnesses on issues which the parties do
not bear the burden of proof due by Feb. 27, 2026.
-- All discovery shall close by Feb. 27, 2026.
-- If, after the close of discovery, the parties wish to meet
with a Magistrate Judge to discuss settlement, the parties may
jointly file such a request by March 6, 2026.
-- Motion for class certification due by April 24, 2026.
-- Proposed dispositive motion and trial schedule due ten (10)
days after the Court rules on the motion for class
certification.
Aetna offers a variety of health insurance plans.
A copy of the Court's order dated April 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dJOB22 at no extra
charge.[CC]
AHS MANAGEMENT: Class Settlement in McCool Gets Initial Nod
-----------------------------------------------------------
In the class action lawsuit captioned as MARK MCCOOL, SHAWN
MACDONALD, and WARREN HARLAN, individually and on behalf of all
others similarly situated, v. AHS MANAGEMENT COMPANY, INC., BOARD
OF DIRECTORS OF AHS MANAGEMENT COMPANY, INC., and ARDENT HEALTH
SERVICES BENEFITS PLAN ADMINISTRATION COMMITTEE, Case No.
3:19-cv-01158 (M.D. Tenn.), the Hon. Judge William Campbell, Jr.
entered an order granting preliminary approval of class action
settlement, maintaining class certification for settlement
purposes, approving form and manner of settlement notice,
preliminarily approving plan of allocation, and scheduling a date
for a final approval hearing
1. For purposes of settlement, and pursuant to Rules 23(a) and
(b)(1) of the Federal Rules of Civil Procedure, this Court
modifies the previously certified Class Period as follows.
The Court makes no other modifications to the certified
class. The "Settlement Class" shall be defined as:
"All persons, including any Beneficiary of a deceased Person
who participated in the Plan at any time during the Class
Period (Dec. 24, 2013 through the date of this Order), and
any Alternate Payee of a Person subject to a QDRO who
participated in the Plan at any time during the Class
Period."
Excluded from the Settlement Class are Defendants and their
immediate family members who were participants in or
beneficiaries of the Plan at any time during the Class
Period.
2. The Court appoints the Plaintiffs Mark McCool, Shawn
Macdonald, and Warren Harlan as Class Representatives for
the Settlement Class, and Capozzi Adler, P.C. as Class
Counsel for the Settlement Class.
3. The Settlement Agreement is preliminarily approved as fair,
reasonable, and adequate. The Court preliminarily finds
that:
(a) The amount of the Settlement ($475,000) is fair,
reasonable, and adequate, taking into account the costs,
risks, and delay of litigation, trial, and appeal.
4. A hearing is scheduled for August 13, 2025, at 10:00 a.m.
AHS Management is an investment company that invests in healthcare
sectors.
A copy of the Court's order dated April 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gmmVs2 at no extra
charge.[CC]
AIR FAYRE CA: Miller Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Wendy Miller, on behalf of herself and all
others similarly situated v. AIR FAYRE CA, INC., a California Stock
Corporation; SMX, LLC, an Illinois Limited Liability Company; and
DOES 1 to 10, inclusive, Case No. 25STCV02465 was removed from the
Superior Court of the State of California in and for the County of
Los Angeles, to the United States District Court for the Central
District of California on April 17, 2025, and assigned Case No.
2:25-cv-03423.
In her Complaint, Plaintiff asserts the following claims for relief
against the Defendants: Failure to Pay Overtime Wages, Failure to
Pay All Wages and Minimum Wages, Failure to Provide Compliant Meal
Periods, Failure to Provide Complaint Rest Periods, Failure to
Provide Suitable Seating, Failure to Reimburse Business Expenses,
Failure to Pay All Wages Owed at Termination, Failure to Furnish
Accurate, Itemized Wage Statements and Failure to Maintain Accurate
Records, and Violations of Business & Professions Code.[BN]
The Defendants are represented by:
David R. Ongaro, Esq.
Cara R. Sherman, Esq.
Christine Lee, Esq.
ONGARO PC
1604 Union Street
San Francisco, CA 94123
Phone: (415) 433-3900
Facsimile: (415) 433-3950
Email: dongaro@ongaropc.com
csherman@ongaropc.com
clee@ongaropc.com
ALABAMA: Plaintiffs Must File Class Cert Bid by April 30
--------------------------------------------------------
In the class action lawsuit captioned as C.C., et al., v. NANCY T.
BUCKNER, Commissioner of the Alabama Department of Human Resources,
in her official capacity, Case No. 2:21-cv-00367-ECM-CWB (M.D.
Ala.), the Hon. Judge Emily C. Marks entered an order adopting the
parties' joint proposed schedule as follows:
1. On or before April 30, 2025, the Plaintiffs shall file their
renewed motion for class certification;
2. On or before May 14, 2025, the Defendant shall respond to
the Plaintiffs' motion; and
3. On or before May 28, 2025, the Plaintiffs shall reply to the
Defendant's response.
A copy of the Court's order dated April 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ijH7Nw at no extra
charge.[CC]
ALDI INC: Frost Bid for Class Certification Due Nov. 10
-------------------------------------------------------
In the class action lawsuit captioned as MAGGIE FROST, on behalf of
herself and all others similarly situated, v. ALDI INC., Case No.
1:24-cv-07095-MKV (S.D.N.Y.), the Hon. Judge Mary Kay Vyskocil
entered a case management plan and scheduling order.
-- Any motions to amend or to join additional parties shall be
filed by June 20, 2025, without leave of the Court.
-- All fact discovery shall be completed no later than Oct. 15,
2025.
-- The Plaintiff's motion for class certification: Nov. 10, 2025.
-- The Defendant's opposition to class certification: Jan. 9,
2026.
-- The Plaintiff's reply in support of motion for class
certification: Jan. 30, 2026.
-- The parties must file a joint letter proposing a plan for ADR
by Aug. 4, 2025.
ALDI offers groceries, meat, fresh produce, wine, beer, beverages,
and other home products.
A copy of the Court's order dated April 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bYf5dx at no extra
charge.[CC]
ALLIED PROPERTY: Oddi Class Cert. Bid Partly OK'd
-------------------------------------------------
In the class action lawsuit captioned as Michael Oddi et al., v.
Allied Property and Casualty Insurance Company et al., Case No.
2:20-cv-09871-JAK-BFM (C.D. Cal.), the Hon. Judge John Kronstadt
entered an order granting in part and deferring in part the
Plaintiffs' motion to certify class.
The proposed class is certified as to Defendants' liability on the
Plaintiffs' UCL and breach of contract claims.
On Oct. 27, 2020, the Plaintiffs brought this putative class action
against the Defendants. The Complaint advances five causes of
action: violation of the California Unfair Competition Law ("UCL");
breach of contract; breach of the implied covenant of good faith
and fair dealing; unjust enrichment; and declaratory relief.
The proposed class is defined as follows:
"All Allied policyholders who owned real property in
California insured by Allied Property and Casualty Insurance
Co. with "Ordinance or Law" coverage, and who suffered a total
loss and did not receive payment for benefits due under
Ordinance or Law coverage when they decided to replace their
insured structure at a new location, during the period from
four years prior to the filing of the initial complaint
through the date of certification."
Allied Property provides property and casualty insurance.
A copy of the Court's order dated April 15, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=whTUWd at no extra
charge.[CC]
ALLSTATE INSURANCE: Seeks Review of Discovery Ruling
----------------------------------------------------
In the class action lawsuit captioned as JASIBEL CANCHOLA, et al.,
individually and on behalf of all others similarly situated, v.
ALLSTATE INSURANCE COMPANY, Case No. 8:23-cv-00734-FWS-ADS (C.D.
Cal.), the Defendant, on May 15, 2025, will move the Court for an
order granting review of the Magistrate Judge's non-dispositive
discovery ruling.
Allstate's motion for review of Magistrate Judge's non-dispositive
discovery ruling is based on this Notice, the supporting memorandum
of points and authorities, the Proposed Order, the record in this
matter, and other evidence or argument that may be presented at the
hearing on this Motion.
On Oct. 31, 2024, the Plaintiffs served on Allstate their Sixth Set
of Requests for Production.
On March 28, 2025, this Court issued an order granting the the
Plaintiffs' motion for class certification. Several hours later
that same day, the Magistrate Judge issued the Discovery Order
granting the Motion to Compel in full.
In its order granting the Motion to Compel, the Magistrate Judge
focused on the third argument (which had been mooted several hours
before the Discovery Order by this Court's order granting class
certification).
By waiting until a class was certified and then eschewing
Allstate's two still-viable arguments, the Magistrate Judge failed
to provide a reasoned basis for its decision, necessitating that
this Court address the issue de novo with "particular, even
painstaking, care."
Allstate offers home, auto, commercial, farm, life, health,
recreational vehicle, and other personal insurance services.
A copy of the Defendant's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IQmVAu at no extra
charge.[CC]
The Defendant is represented by:
Neal Marder, Esq.
Joshua A. Rubin, Esq.
Robert G. Lian, Jr., Esq.
Katherine I. Heise, Esq.
AKIN GUMP STRAUSS HAUER &
FELD LLP
1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
Telephone: (310) 229-1000
Facsimile: (310) 229-1001
E-mail: nmarder@akingump.com
rubinj@akingump.com
blian@akingump.com
kheise@akingump.com
- and -
Keith A. Jacoby, Esq.
Robert S. Blumberg, Esq.
Jaime B. Laurent, Esq.
Emily J. Atherton, Esq.
Jamar D. Davis, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Telephone: (310) 553-0308
Facsimile: (310) 553-5583
ALLY FINANCIAL: Bid to Seal Unredacted Summary Judgment Memo OK'd
-----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL C. SHERIDAN, on
behalf of Himself and all others similarly situated, v. ALLY
FINANCIAL, INC., Case No. 5:23-cv-00616 (S.D.W. Va.), the Hon.
Judge Frank Volk entered an order granting the Defendant's motion
to seal unredacted memorandum in support of the motion for summary
judgment, unredacted declaration of Chris Howell, and Exhibits F,
G, & H to Howell Declaration.
After careful review, the Court finds that the potential risk posed
by public disclosure of the confidential, proprietary, and
commercially sensitive information Ally seeks to protect outweighs
the public's interest in access to the information.
The Clerk is directed to file the unredacted Memorandum in Support
for Summary Judgement, unredacted Declaration of Chris Howell, and
Exhibits F, G, and H to the Declaration of Chris Howell under seal.
Mr. Sheridan has not demonstrated with controlling precedent that a
sealing order is authorized by law for certain exhibits attached to
his motion for partial summary judgment and motion for class
certification. As mentioned above, the Court will not seal a
document simply because the parties have previously designated that
document as "Confidential" during discovery.
For this reason, the Court GRANTS AS MOULDED Mr. Sheridan's Motions
to the same extent Ally Financial, Inc.'s Motion to Seal is
granted.
Inasmuch as Mr. Sheridan filed his motion for partial summary
judgment and motion for class certification with attached
placeholder exhibits, the Court strikes Mr. Sheridan's noncompliant
motions and exhibits attached to the motions to seal. Mr. Sheridan
shall have until April 18, 2025, to file the motions with
accompanying exhibits in compliance with this Order. Defendant
shall have leave to seek additional time to file its response, if
necessary, in accordance with the Court’s revised briefing
schedule. To the extent Ally desires to be heard on the matter of
unsealing the subject exhibits identified by Mr. Sheridan, it may
show cause in opposition of this unsealing directive on or before
April 15, 2025.
Ally Financial is an American bank holding company.
A copy of the Court's memorandum opinion and order dated April 11,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=AnoEyC at no extra charge.[CC]
ALYK INC: Intercepts Customers' Communications, Class Suit Alleges
------------------------------------------------------------------
JANE DOE, individually and on behalf of all others similarly
situated v. ALYK INC., Case No. 1:25-cv-03305 (S.D.N.Y., April 21,
2025), is a class action suit brought against ALYK for breaching
its customers' trust and allowing companies scattered around
Silicon Valley to invade its customers' privacy through its
website, mylola.com (the Website) in violation of the California
Invasion of Privacy Act.
Allegedly, ALYK helped Google LLC and Wingify Software Pvt. Ltd.
(collectively the "Third Parties"), collect and intercept
customers' communications with ALYK as consumers either searched
for products on the Website by typing search terms into the search
bar or adding particular items to their carts to purchase.
ALYK is a business specialized in providing "clean feminine care
products," which include menstrual, vaginal, and sexual care
products.1 Given the highly personal and sensitive nature of ALYK's
business, consumer's communications with the Website are
confidential.
Whichever tampons, condoms, or vibrators a person is looking to buy
is no one else's business. Except for Google and Wingify. As it
turns out, the shopkeeper, ALYK, has allowed these Third Parties to
snoop on shopper's electronic communications through its Website,
the suit contends.
The Plaintiff brings this action individually and on behalf of all
California residents who conducted searches for products on the
Website while in California or browsed for products on the website,
and whose electronic communications were intercepted or recorded by
Google and Wingify.
The Plaintiff is an adult citizen of the state of California and
resides in Los Angeles, California. In February of 2025, the
Plaintiff visited Defendant's Website while in California. On the
Website, Plaintiff searched for "organic tampons" on the Website's
search bar.
The Plaintiff's communications with Defendant -- including the
search terms she entered into the Website's search bar were
intercepted in transit by the Third Parties as enabled by
Defendant. Neither Defendant nor the Third Parties procured
Plaintiff Doe's prior consent to this interception on the Website.
Plaintiff Doe did not discover and could not have discovered this
violation until her retention of counsel.
Google offers a range of advertising software, one of which is
called Google Analytics.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Stefan Bogdanovich, 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: ltfisher@bursor.com
sbogdanovich@bursor.com
idiaz@bursor.com
AMAZON.COM INC: Kolotinsky Suit Transferred to W.D. Washington
--------------------------------------------------------------
The case captioned as Felix Kolotinsky, individually and on behalf
of all others similarly situated v. Amazon.com Inc., Case No.
3:25-cv-00931 was removed from the U.S. District Court for the
Northern District of California, to the U.S. District Court for the
Western District of Washington on April 18, 2025.
The District Court Clerk assigned Case No. 2:25-cv-00700-RSM to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Amazon.com, Inc., doing business as Amazon --
https://www.amazon.com/ -- is an American multinational technology
company engaged in e-commerce, cloud computing, online advertising,
digital streaming, and artificial intelligence.[BN]
The Plaintiff is represented by:
Rafey Sarkis Balabanian, Esq.
Jared Lucky, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Phone: (415) 212-9300
Fax: (415) 373-9435
Email: rbalabanian@edelson.com
jlucky@edelson.com
The Defendant is represented by:
Emily Johnson Henn, Esq.
Kathryn Elizabeth Cahoy, Esq.
Hannah Kirsten Nelson, Esq.
COVINGTON & BURLING LLP (PALO ALTO)
3000 EL CAMINO REAL
5 Palo Alto Square
Palo Alto, CA 94306
Phone: (650) 632-4700
Email: ehenn@cov.com
kcahoy@cov.com
hnelson@cov.com
AMAZON.COM INC: Seeks to File Confidential Docs Under Seal
----------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER CAIN, KIMBERLY
HALO, KELLY KIMMEY, JUMA LAWSON, and PHILIP SULLIVAN, on behalf of
themselves and all others similarly situated, v. AMAZON.COM, INC.,
and AMAZON LOGISTICS, INC., Case No. 2:21-cv-00204-BJR (W.D.
Wash.), the Defendants ask the Court to enter an order granting
requests to File "Confidential" Documents in Support of Their
Opposition to Plaintiffs' Motion for Class Certification Under
Seal.
Accordingly, these documents contain competitively-sensitive
business, financial, or commercial information designated as
"CONFIDENTIAL" under the Protective Order. Disclosing this material
would harm Amazon's competitive business standing, and less
restrictive alternatives to redaction (for Exhibit 5, the Class
Certification Opposition, the Kulick Declaration, and the Brown
Declaration) and sealing (for Exhibits 1, 3, 25, and 26) would not
be sufficient to prevent that harm.
Separately, at the request of Plaintiffs, Amazon will file versions
of Exhibits 11, 12, 13, 14, 15, and 19 that redact the personally
identifiable information of named plaintiffs, including physical
addresses, email addresses, phone numbers, and dates of birth.
The Defendants have conferred with Plaintiffs and have narrowed as
much as possible the number of documents sought to be permanently
redacted or permanently sealed.
Amazon.com is an online retailer that offers a wide range of
products.
A copy of the Defendants' motion dated April 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=T8hCLq at no extra
charge.[CC]
The Defendants are represented by:
Andrew DeCarlow, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1301 Second Avenue, Suite 3000
Seattle, WA 98101
Telephone: (206) 274-6400
E-mail: andrew.decarlow@morganlewis.com
- and -
Walter F. Brown, Esq.
Shawn M. Estrada, Esq.
Marco A. Torres, Esq.
Amy L. Barton, Esq.
Matthew P. Merlo, Esq.
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (628) 432-5100
Facsimile: (628) 232-3101
E-mail: wbrown@paulweiss.com
sestrada@paulweiss.com
mtorres@paulweiss.com
abarton@paulweiss.com
mmerlo@paulweiss.com
AMERICAN FAMILY: Filing for Class Cert in Hacker Due June 5
-----------------------------------------------------------
In the class action lawsuit captioned as Craig Hacker, v. American
Family Mutual Insurance Company SI, Case No. 2:22-cv-01936-DLR (D.
Ariz.), the Hon. Judge Douglas Rayes entered an order granting the
parties' joint stipulated request to amend case schedule as
follows:
Event New Deadline
Fact Discovery Cutoff: May 16, 2025
Disclose all persons providing expert June 5, 2025
Testimony:
Motion for Class Certification: June 5, 2025
Motion for Class Certification response: Aug. 4, 2025
Motion for Class Certification reply: Sept. 2, 2025
Expert depositions: Sept. 2, 2025
American Family is an American private mutual company that focuses
on property, casualty, and auto insurance.
A copy of the Court's order dated April 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kaOud9 at no extra
charge.[CC]
AMERICAN HONDA: Plaintiff Must File Class Cert Bid by August 7
--------------------------------------------------------------
In the class action lawsuit captioned as QUINTIN SHAMMAM,
Individually and on behalf of others, v. AMERICAN HONDA FINANCE
CORPORATION, Case No. 3:24-cv-00648-H-VET (S.D. Cal.), the Hon.
Judge Valerie Torres entered an order granting the motion to seal,
granting the joint motion regarding production of class data,
granting, in part, joint motion to narrow issues for class
certification, and granting joint motion to continue dates:
1. Plaintiff(s) must file a motion for class certification by
Aug. 7, 2025.
2. All parties must complete all fact discovery by Sept. 23,
2025.
3. A Mandatory Settlement Conference ("MSC") shall be conducted
by Zoom video conferencing on Oct. 2, 2025 at 9:30 a.m.
before Magistrate Judge Valerie E. Torres.
4. All expert discovery shall be completed by all parties by
Jan. 22, 2026. The parties shall comply with the same
procedures set forth in the paragraph governing fact
discovery.
5. All pre-trial motions must be filed by Feb. 20, 2026.
6. The final Pretrial Conference is scheduled on the calendar
of the Honorable Marylin L. Huff on May 26, 2026 at 10:30
a.m.
The Plaintiff brings this class action for alleged violations of
the Telephone Consumer Protection Act ("TCPA") and California
Invasion of Privacy Act ("CIPA").
American Honda offers a range of leasing and financing solutions
for automobiles.
A copy of the Court's order dated April 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MTMvUx at no extra
charge.[CC]
ANHEUSER-BUSCH LLC: Court Modifies Scheduling Order in Overby
-------------------------------------------------------------
In the class action lawsuit captioned as THOMAS E. OVERBY, JR., and
ABBY GEARHART, individually and on behalf of all others similarly
situated, v. ANHEUSER-BUSCH, LLC, Case No. 4:21-cv-00141-AWA-DEM
(E.D. Va.), the Hon. Judge Arenda Wright Allen entered an order
approving the Parties' Joint Motion to Modify Rule 16(b) Scheduling
Order and Stay All District Court Proceedings Until Final
Resolution of Class Certification Following the Defendant's
Forthcoming Rule 23(f) Petition.
The deadline for filing dispositive motions shall be 45 days after
the close of expert discovery.
The deadline for any response brief to a dispositive motion shall
be twenty-one (21) days after the deadline for dispositive
motions.
The deadline for any reply brief to a dispositive motion shall be
14 days after the deadline for response briefs. See id.
Anheuser-Busch is an American brewing company.
A copy of the Court's order dated April 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4kUEO7 at no extra
charge.[CC]
APOLLO JETS LLC: Kaya Files TCPA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Apollo Jets, LLC. The
case is styled as Ekim Kaya, individually and on behalf of all
others similarly situated v. Apollo Jets, LLC, Case No.
1:25-cv-03193 (S.D.N.Y., April 17, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Apollo Jets LLC -- https://apollojets.com/ -- is an Air Charter
Broker and not a direct air carrier or direct foreign air
carrier.[BN]
The Plaintiff is represented by:
Andrew 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
APPLE INC: Products' Packaging Omits Disclosures, Maxwell Says
--------------------------------------------------------------
CASSAUNDRA MAXWELL, individually, and on behalf of all others
similarly situated, Plaintiff v. APPLE, INC., Defendant, Case No.
5:25-cv-03315-SVK (N.D. Cal., April 14, 2025) is a consumer class
action against the Defendant for violations of Washington's
Telephone Buyers' Protection Act and Washington's Consumer
Protection Act.
According to the complaint, the Defendant manufactures,
distributes, advertises, markets, and sells iPhone brand cell phone
products. The packaging for the Products omits certain disclosures
that are required under Washington's TBPA, including, the person
responsible for the repair of the equipment, Apple's standard
repair charges, and the terms of the warranty for the Products. The
Defendant's non-disclosures mislead consumers and are a per se
violation of Washington's CPA, says the suit.
The Plaintiff, who purchased an iPhone in Washington, was allegedly
deceived by Defendant's unlawful conduct and brings this action on
her own behalf and on behalf of Washington consumers to remedy
Defendant's unlawful acts.
Apple Inc. is an American multinational corporation and technology
company headquartered in Cupertino, California.[BN]
The Plaintiff is represented by:
Michael T. Houchin, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: mhouchin@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
APPLIED THERAPEUTICS: Continues to Defend Shareholder Suits
-----------------------------------------------------------
Following receipt of the Complete Response Letter and Warning
Letter from the U.S. Food and Drug Administration or FDA in
November 2024, a putative class action lawsuit was filed against
Applied Therapeutics, Inc., and certain of our current and former
officers and directors on December 17, 2024, in the United States
District Court for the Southern District of New York and is
captioned Alexandru v. Applied Therapeutics, Inc., et al., No.
24-cv-09715.
The complaint alleges that defendants violated Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder by making false and/or misleading statements
between January 3, 2024 to December 2, 2024 in connection with the
Company's NDA to the FDA for govorestat for the treatment of
Classic Galactosemia, and seeks unspecified damages.
On December 27, 2024, another purported stockholder filed a
putative class action lawsuit against the Company and a former
officer and director in the United States District Court for the
Southern District of New York (Ikram v. Applied Therapeutics, Inc.,
et al., No. 1:24-cv-09973). On March 11, 2025 the court
consolidated the actions (In re Applied Therapeutics Securities
Litigation, No. 1:24-cv-9715).
In addition, on January 31, 2025, certain of the Company's current
and former officers and directors were named as defendants in a
shareholder derivative action filed in the United States District
Court for the Southern District of New York (Hassine v. Shendelman,
et al., No. 1:25-cv-00935). The complaint seeks to implement
reforms to the Company's corporate governance and internal
procedures and to recover on behalf of the Company for any
liability the Company might incur as a result of the individual
defendants' alleged misconduct, as well as declaratory, equitable,
and monetary relief, including attorneys' fees and other costs. The
derivative action is based substantially on the same facts alleged
in the consolidated action described above.
The Company said in a Form 10-K report for the fiscal year ended
December 31, 2024 filed with the U.S. Securities and Exchange
Commission that outcome of litigation is necessarily uncertain, and
it cannot predict the outcome of these pending legal proceedings.
ASKET INC: Court Stays Further Proceedings in Morris
----------------------------------------------------
In the class action lawsuit captioned as ZACHARY MORRIS, v. ASKET
INC., Case No. 2:25-cv-00319-WED (E.D. Wis.), the Hon. Judge
William Duffin entered an order granting the Plaintiff's motion to
stay further proceedings.
-- The parties are relieved from the automatic briefing schedule
set forth in Civil Local Rule 7(b) and (c).
-- Moreover, for administrative purposes, it is necessary that
the Clerk terminate the Plaintiff's motion for class
certification.
-- However, the motion will be regarded as pending to serve its
protective purpose under Damasco.
On March 4, 2025, the Plaintiff filed a class action complaint. At
the same time, the plaintiff filed what the court commonly refers
to as a "protective" motion for class certification.
A copy of the Court's order dated April 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=x0hWYD at no extra
charge.[CC]
ASPYR MEDIA: Seeks Leave to File Selected Attachments Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as MALACHI MICKELONIS, JOSEPH
ALFILANI, JACOB ALVAMELVILLE, MICAIAH, FLORES, MATTHEW GORKA, JARED
HILLIARD, CHARLES KIRK, DAVID KIRKLAND, YALE LIEBOWITZ, JACOB
MUELLER, KEVIN MUNOZ, COLEBIE NIEDERMEIER, JOSHUA PALMER, BRYCE
PHILLIPS, CHRISTOPHER SOUSA, ROLANDO VAZQUEZ, ADRIAN VILLA, and
NICHOLAS YEE, individually and on behalf of all others similarly
situated, v. ASPYR MEDIA, INC. and DOES 1-5, Case No.
8:23-cv-01220-MWC-ADS (C.D. Cal.), the Defendants ask the Court to
enter an order granting application for leave to file under seal
selected attachments to declaration of Michael Rogers in support of
opposition to the Plaintiffs' motion for class certification.
Aspyr is an American video game developer and publisher.
A copy of the Defendants' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sqBeUP at no extra
charge.[CC]
The Plaintiff is represented by:
Ray Kim, Esq.
RAY KIM LAW, APC
112 E. Amerige Avenue, Suite 240
Fullerton, CA 9283
E-mail: ray@raykimlaw.com
The Defendants are represented by:
Nathaniel Durrance, Esq.
Keith Scully, Esq.
Gregory M. Scialabba, Esq.
Steven R. Gray, Esq.
Newman LLP
100 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Telephone: (310) 359-8200
Facsimile: (310) 359-8190
E-mail: nate@newmanlaw.com
keith@newmanlaw.com
gs@newmanlaw.com
steve@newmanlaw.com
ASPYR MEDIA: Seeks to Strike Bid for Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as MALACHI MICKELONIS, JOSEPH
ALFILANI, JACOB ALVA-MELVILLE, MICAIAH, FLORES, MATTHEW GORKA,
JARED HILLIARD, CHARLES KIRK, DAVID KIRKLAND, YALE LIEBOWITZ, JACOB
MUELLER, KEVIN MUNOZ, COLEBIE NIEDERMEIER, JOSHUA
PALMER, BRYCE PHILLIPS, CHRISTOPHER SOUSA, ROLANDO VAZQUEZ, ADRIAN
VILLA, and NICHOLAS YEE, individually and on behalf of all others
similarly situated, v. ASPYR MEDIA, INC. and DOES 1-5, Case No.
8:23-cv-01220-MWC-ADS (C.D. Cal.), the Defendants, on May 16, 2025,
will move for an order striking the Plaintiffs' motion for class
certification.
On March 21, 2025, the Plaintiffs filed their Motion to Certify
Class.
On April 4, 2025, the Parties met and conferred on this matter but
were unable to reach a resolution because Plaintiffs were not able
to offer any relief that would mitigate the prejudice already
caused.
Aspyr is an American video game developer and publisher.
A copy of the Defendants' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=RYVmEU at no extra
charge.[CC]
The Plaintiff is represented by:
Ray Kim, Esq.
RAY KIM LAW, APC
112 E. Amerige Avenue, Suite 240
Fullerton, CA 9283
E-mail: ray@raykimlaw.com
The Defendants are represented by:
Nathaniel Durrance, Esq.
Keith Scully, Esq.
Gregory M. Scialabba, Esq.
Steven R. Gray, Esq.
NEWMAN LLP
100 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Telephone: (310) 359-8200
Facsimile: (310) 359-8190
E-mail: nate@newmanlaw.com
keith@newmanlaw.com
gs@newmanlaw.com
steve@newmanlaw.com
ATKORE INC: Faces Buckingham Suit Over PVC Pipes' Price Conspiracy
------------------------------------------------------------------
GREGORY BUCKINGHAM, JACK CRUCE, MICHAEL GRAVES, JOHN MICHAUD,
CHRISTIAN SOWERS AND GEOFFREY WALKER, individually and on behalf of
all others similarly situated, v. ATKORE INC.; CANTEX INC.; DIAMOND
PLASTICS CORPORATION; IPEX USA LLC; PIPELIFE JETSTREAM, INC.; J-M
MANUFACTURING COMPANY, INC. D/B/A JM EAGLE; NATIONAL PIPE &
PLASTICS, INC.; NORTHERN PIPE PRODUCTS, INC.; OTTER TAIL
CORPORATION; PRIME CONDUIT, INC.; SANDERSON PIPE CORPORATION;
SOUTHERN PIPE, INC.; WESTLAKE CORPORATION; WESTLAKE PIPE & FITTINGS
CORPORATION; VINYLTECH CORPORATION and OIL PRICE INFORMATION
SERVICE, LLC, Case No. : 1:25-cv-04317 (N.D. Ill., April 21, 2025)
is a class action on behalf of a nationwide class of end users
against the Defendants for injunctive relief under the antitrust
laws of the United States, and on behalf of a single multistate
class of end users for damages under the various state antitrust,
consumer protection, and unjust enrichment laws.
According to the complaint, the Defendants and their
Co-Conspirators conspired and combined to fix, raise, maintain, and
stabilize the price of PVC Pipe in the United States. Defendants
did so by communicating through an information-exchange firm called
Oil Price Information Service, LLC (OPIS), which enabled the
Defendants to discuss and signal their pricing activities, gain
access to standardized pricing data from their competitors, and
collectively extract artificially inflated profits from their
customers.
OPIS went far beyond just facilitating the private and non-public
sharing of information: OPIS repeatedly served as a conduit between
the Converter Defendants, allowing them to communicate their
intentions on pricing in furtherance of their antitrust conspiracy,
asserts the suit.
The United States Department of Justice’s Antitrust Division has
launched an investigation into the alleged price-fixing in the PVC
Pipe industry in August 2024. In a SEC filing, Otter Tail
Corporation, a PVC Pipe manufacturer and named defendant, disclosed
that it had received a grand jury subpoena from the DOJ on August
27, 2024. The Defendants' anticompetitive actions widened the
spread between the price that the Converter Defendants pay to
manufacture PVC Pipe and the price at which they sold PVC Pipe,
injuring Plaintiffs and the Classes, the suit adds.
The Plaintiffs bring this action on behalf of themselves and as a
class action under Federal Rules of Civil Procedure 23(a) and
(b)(2), seeking injunctive and equitable relief on behalf of the
following class (the Nationwide Class):
"All persons or entities that, during the Class Period,
purchased for end-use PVC Pipe manufactured by Defendants and
sold through resellers or distributors in the United States."
The Plaintiffs also bring this action on behalf of themselves and
as a class action under Federal Rules of Civil Procedure 23(a) and
23(b)(3), seeking damages pursuant to antitrust, unfair
competition, and consumer protection laws as well as common law
unjust enrichment on behalf of the following class (the "Statewide
Damages Class"):
"All persons or entities that, during the Class Period,
purchased for end-use PVC Pipe manufactured by Defendants and
sold through resellers or distributors in Alabama, Arizona,
Arkansas, California, Connecticut, District of Columbia,
Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New
York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode
Island, South Carolina, South Dakota, Tennessee, Utah, Vermont,
West Virginia, and Wisconsin."
The Nationwide Class and the Statewide Damages Class are referred
to collectively as the "Classes" unless otherwise indicated.
Specifically excluded from the Classes are the Defendants, their
parent companies, subsidiaries and affiliates, co-conspirators,
federal government entities and instrumentalities of the federal
government, states and their subdivisions, agencies and
instrumentalities, the Court, and persons who purchased PVC Pipe
directly from Defendants.
The manufacturers of PVC Pipe are called converters. The Converter
Defendants in this case are the leading manufacturers of PVC Pipe
in the United States: Atkore Inc.; Cantex Inc.; Diamond Plastics
Corporation; IPEX USA LLC; PipeLife Jetstream, Inc.; J-M
Manufacturing Company, Inc. d/b/a JM Eagle; National Pipe &
Plastics, Inc.; Northern Pipe Products, Inc.; Otter Tail
Corporation; Prime Conduit, Inc.; Sanderson Pipe Corporation;
Southern Pipe, Inc.; Westlake Corporation; Westlake Pipe & Fittings
Corporation; and Vinyltech Corporation.
The Converter Defendants control approximately 90% of the PVC Pipe
municipal water application category and approximately 95% of the
PVC electrical conduit application category in the United States.
PVC is an acronym for polyvinyl chloride, which is a polymer of
plastic. Considered commodity products, PVC Pipe is comprised of
tubular sections or hollow cylinders made from PVC.[BN]
The Plaintiffs are represented by:
Terry Rose Saunders, Esq.
THE SAUNDERS LAW FIRM
120 North LaSalle Street, Suite 2000
Chicago, IL 60602
Telephone: (312) 444-9656
E-mail: tsaunders@saunders-lawfirm.com
- and -
Christopher T. Micheletti, Esq.
Qianwei Fu, Esq.
ZELLE LLP
555 12th Street, Suite 1230
Oakland, CA 94607
Telephone: (415) 693-0700
E-mail: cmicheletti@zellelaw.com
qfu@zellelaw.com
AUTOZONE PARTS: Reynolds Suit Removed to W.D. Washington
--------------------------------------------------------
The case captioned as Kyle Reynolds, individually and on behalf of
all others similarly situated v. AUTOZONE PARTS, INC., a Nevada
Corporation; and DOES 1-20, inclusive, Case No. 25-2-05163-9 was
removed from the Pierce County Superior Court for the State of
Washington, to the United States District Court for the Western
District of Washington on April 17, 2025, and assigned Case No.
3:25-cv-05328.
In the Complaint, Plaintiff alleges 6 causes of action against
Defendant: Implied Cause of Action pursuant to RCW 49.12 - Failure
to Compensate for Missed Meal and Rest Periods in Violation of WAC
296-126-092; Double Damages for Willful and Intentional Withholding
of Wages pursuant to RCW 49.52.050.070 - flowing from the First
Cause of Action on behalf of Plaintiff and the Class Members;
Minimum Wage Violations - Washington Minimum Wage Act; RCW 49.46 et
seq. on behalf of Plaintiff and Class Members; Failure to Pay
Overtime Wages on behalf of Plaintiff and Class Members; Record
Keeping Violations on behalf of Plaintiff and Class Members; and
Wage Theft under Seattle Municipal Code 14.20, et seq. on behalf of
Plaintiff and the Seattle Subclass Members.[BN]
The Plaintiff is represented by:
Jason A. Rittereiser, Esq.
Rachel N. Emens, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
600 Stewart Street, Suite 902
Seattle, WA 98101
Phone: (206) 838-2504
Facsimile: (206) 260-3055
Email: jrittereiser@hkm.com
remens@hkm.com
- and -
Jamie K. Serb, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
92 Lenora Street, #179
Seattle, WA 98121
Phone: (866) 276-7637
Facsimile: (310) 510-6429
Email: jamie@crosnerlegal.com
zach@crosnerlegal.com
The Defendants are represented by:
Adam T. Pankratz, Esq.
Kristofer T. Noneman, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Phone: (206) 693-7057
Facsimile: (206) 693-7058
Email: adam.pankratz@ogletree.com
kristofer.noneman@ogletree.com
BALLY'S MANAGEMENT: Williams Sues Over Illegal Tobacco Surcharges
-----------------------------------------------------------------
TRACY A. WILLIAMS, individually and on behalf of all others
similarly situated, Plaintiff v. BALLY'S MANAGEMENT GROUP, LLC,
Defendant, Case No. 1:25-cv-00147 (D.R.I., April 10, 2025) is a
class action against the Defendant for violations of the Employee
Retirement Income Security Act and breach of fiduciary duty.
The case arises from the Defendant's practice of charging a tobacco
surcharge that unjustly forces certain employees to pay higher
premiums for its health insurance. The Bally's Welfare Benefit Plan
does not provide the required reasonable alternative standard, and
even if it did, it has failed to adequately notify employees about
the availability of such an alternative in all its Plan
communications. Consequently, the Defendant's tobacco surcharge
violates ERISA's anti-discrimination provisions by imposing
additional costs on employees who use tobacco products without
meeting the legal requirements for a wellness program. As a result
of the imposition of the unlawful and discriminatory tobacco
surcharge, the Defendant enriched themselves at the expense of the
Plan, resulting in it receiving a windfall.
Bally's Management Group, LLC is a management company,
headquartered in Providence, Rhode Island. [BN]
The Plaintiff is represented by:
Oren Faircloth, Esq.
Kimberly Dodson, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Email: ofaircloth@sirillp.com
kdodson@sirillp.com
- and -
Mark B. Morse, Esq.
LAW OFFICE OF MARK B. MORSE, LLC
420 Angell Street
Providence, RI 02906
Telephone: (401) 831-0555
Facsimile: (401) 273-0937
Email: mark@morselawoffice.com
BEE SWEET: Faces Alvarez Employment Suit in Calif. Super. Court
---------------------------------------------------------------
A class action lawsuit has been filed against Bee Sweet Citrus Inc.
The case is captioned as Jose Alfredo Alvarez Alaniz, individually
and on behalf of all others similarly situated v. Bee Sweet Citrus,
INC., a California Corporation, Case No. 25CECG01567 (Cal. Super.,
Fresno Cty., April 2, 2025).
The nature of states employment related issues.
The Defendant is a grower, packer and shipper of premium California
citrus.[BN]
BIGBEAR.AI HOLDINGS: Bids for Lead Plaintiff Deadline Set June 10
-----------------------------------------------------------------
If you suffered a loss on your BigBear.ai Holdings, Inc.
(NYSE:BBAI) investment and want to learn about a potential recovery
under the federal securities laws, visit the link below for more
information:
https://zlk.com/pslra-1/bigbear-ai-holdings-inc-lawsuit-submission-form?prid=143947&wire=1
or contact Joseph E. Levi, Esq. via email at
jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team
of experienced shareholder advocates.
THE LAWSUIT: A class action securities lawsuit was filed against
BigBear.ai Holdings, Inc. that seeks to recover losses of
shareholders who were adversely affected by alleged securities
fraud between March 31, 2022 and March 25, 2025.
CASE DETAILS: The filed complaint alleges that defendants made
false statements and/or concealed that: (i) BigBear maintained
deficient accounting review policies related to the reporting and
disclosure of certain non-routine, unusual, or complex
transactions; (ii) as a result, the Company incorrectly determined
that the conversion option within the 2026 Convertible Notes
qualified for the derivative scope exception under ASC 815-40 and
failed to bifurcate the conversion option as required by ASC
815-15; (iii) accordingly, BigBear had improperly accounted for the
2026 Convertible Notes; (iv) the foregoing error caused BigBear to
misstate various items in several of the Company's previously
issued financial statements; (v) as a result, these financial
statements were inaccurate and would likely need to be restated;
(vi) BigBear would require extra time and expense to correct the
inaccurate financial statements, thereby increasing the risk that
the Company would be unable to timely file certain financial
reports with the SEC; and (vii) as a result, the Company's public
statements were materially false and misleading at all relevant
times.
WHAT'S NEXT? If you suffered a loss in BigBear.ai Holdings stock
during the relevant time frame -- even if you still hold your
shares -- go to
https://zlk.com/pslra-1/bigbear-ai-holdings-inc-lawsuit-submission-form?prid=143947&wire=1
to learn about your rights to seek a recovery. There is no cost or
obligation to participate.
WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP
has established itself as a nationally-recognized securities
litigation firm that has secured hundreds of millions of dollars
for aggrieved shareholders and built a track record of winning
high-stakes cases. The firm has extensive expertise representing
investors in complex securities litigation and a team of over 70
employees to serve our clients. For seven years in a row, Levi &
Korsinsky has ranked in ISS Securities Class Action Services' Top
50 Report as one of the top securities litigation firms in the
United States. Attorney Advertising. Prior results do not guarantee
similar outcomes.
CONTACT:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 17th Floor
New York, NY 10004
jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
https://zlk.com/ [GN]
BOB EVANS: Mitchell Seeks to Certify Class
------------------------------------------
In the class action lawsuit captioned as RODNEY MITCHELL AND RHONDA
THOMAS, On Behalf of Themselves and All Others Similarly Situated,
v. BOB EVANS RESTAURANTS, LLC, Case No. 2:22-cv-02123-MHW-KAJ (S.D.
Ohio), the Plaintiffs ask the Court to enter an order certifying
the following class defined as:
"All employees of Bob Evans who worked in any store in the
Kentucky portion of Region 2 Area 6, after May 9, 2017, or in
the Indiana portion of Region 2 Area 6, after May 9, 2019, to
whom Bob Evans paid a wage of less than $7.25 per hour, and
who (1) spent more than 20 percent of work time or more than
30 consecutive minutes performing non-tipped work that was
directly supporting tipped work, or (2) who spent any time
performing work that was not part of a tipped occupation, or
both; and any other tipped employee during the same period
whose hourly wage for any shift was reduced from the hourly
wage represented at the time the employee clocked in for a
shift, and who have not previously released their claims
against Bob Evans Restaurants, LLC."
The Plaintiffs further request that the Court to certify each of
the following subclasses:
"All class members who worked in any Kentucky restaurant
included in the class during the class period (the Kentucky
subclass)"; and
"All class members who worked in any Indiana restaurant
included in the class during the class period (the Indiana
subclass)."
Bob Evans is a chain of family style restaurants founded and
headquartered in Columbus, Ohio.
A copy of the Plaintiffs' motion dated April 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rXzAng at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert E. Derose, Esq.
Anna Caplan, Esq.
BARKAN MEIZLISH DEROSE COX LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
- and -
Andrew Clarke Weeks, Esq.
LAWRENCE & LAWRENCE, PLLC
440 South Seventh Street, Suite 200
Louisville, KY 40203
Telephone: (502) 589-5855
Facsimile: (502) 589-9472
E-mail: acweeks@reallawky.com
- and -
Jerome P. Prather, Esq.
J. Conner Niceley, Esq.
GARMER & PRATHER, PLLC
141 North Broadway
Lexington, KY 40507
Telephone: (859) 254-9352
Facsimile: (859) 233-9769
E-mail: jprather@garmerprather.com
cniceley@garmerprather.com
- and -
D. Todd Varellas, Esq.
James J. Varellas III, Esq.
VARELLAS & VARELLAS PLLC
360 East Vine Street, Suite 320
Lexington, KY 40507
Telephone: (859) 252-4473
Facsimile: (859) 252-4476
E-mail: tvarellas@varellaslaw.com
jayvarellas@varellaslaw.com
BRICKELL BRANDS: Website Inaccessible to the Blind, Cole Says
-------------------------------------------------------------
HARON COLE, on behalf of himself and all others similarly situated
v. Brickell Brands, LLC, Case No. 1:25-cv-03719 (N.D. Ill., April
7, 2025) sues the Defendant for their failure to design, construct,
maintain, and operate their website to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, under the Americans with Disabilities
Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Pangaea Holdings provides to their non-disabled customers
through https://brickellmensproducts.com, the suit contends.
The Plaintiff, on behalf of himself and all others similarly
situated, seeks certification of the following nationwide class
pursuant to Rule 23(a) and 23(b)(2) of the Federal Rules of Civil
Procedure:
"All legally blind individuals in the United States who have
attempted to access Brickellmensproducts.com and as a result
have been denied access to the enjoyment of goods and services
offered by Brickellmensproducts.com, during the relevant
statutory period."
The Plaintiff seeks a permanent injunction to cause a change in
Pangaea Holdings' policies, practices, and procedures so that the
Defendant's website will become and remain accessible to the blind
and visually-impaired consumers. The complaint also seeks
compensatory damages to compensate Class members for having been
subjected to unlawful discrimination.
Mr. Cole is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant controls and operates Brickellmensproducts.com in the
State of Illinois and throughout the United States.
Brickellmensproducts.com is a commercial website that offers
products and services for online sale. The online store allows the
user to view skincare and grooming products for men, make
purchases, and perform a variety of other functions.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (630) 478-0856
E-mail: Dreyes@ealg.law
BYTEDANCE INC: Armbruster Suit Transferred to C.D. California
-------------------------------------------------------------
The case captioned as Ryan Armbruster, as parent and guardian of
his minor child, C.A.; Yolanda Berry, as parent and guardian of her
minor child C.C.; individually and on behalf of all others
similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd.,
TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data
Security Inc., Case No. 5:25-cv-02239 was transferred from the U.S.
District Court for the Northern District of California, to the U.S.
District Court for the Central District of California on April 16,
2025.
The District Court Clerk assigned Case No. 2:25-cv-03338-GW-RAO to
the proceeding.
The nature of suit is stated as Other Fraud.
ByteDance -- https://www.bytedance.com/en/ -- is a global incubator
of platforms at the cutting edge of commerce, content,
entertainment and enterprise services.[BN]
The Plaintiffs are represented by:
Francis J. Flynn, Jr., Esq.
LAW OFFICE OF FRANCIS J. FLYNN, JR.
6057 Metropolitan Plaza
Los Angeles, CA 90036
Phone: (314) 662-2836
Email: casey@lawofficeflynn.com
The Defendants are represented by:
Daniel M. Petrocelli, Esq.
O'MELVENY AND MYERS LLP
1999 Avenue of the Stars
Los Angeles, CA 90067-6035
Phone: (310) 553-6700
Fax: (310) 246-6779
Email: dpetrocelli@omm.com
- and -
Matthew David Powers, Esq.
O'MELVENY AND MYERS LLP
Two Embarcadero Center 28th Floor
San Francisco, CA 94111
Phone: (415) 984-8700
Fax: (415) 984-8701
Email: mpowers@omm.com
- and -
Stephen D Brody, Esq.
O'MELVENY AND MYERS LLP
1625 Eye Street, NW
Washington, DC 20006
Phone: (202) 383-5167
Email: sbrody@omm.com
BYTEDANCE INC: R. W. Suit Transferred to C.D. California
--------------------------------------------------------
The case captioned as R. W., a minor by and through their guardian
ad litem, Pamela Hancock, individually and on behalf of all others
similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd.,
TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data
Security Inc., Case No. 5:25-cv-02239 was transferred from the U.S.
District Court for the Northern District of California, to the U.S.
District Court for the Central District of California on April 16,
2025.
The District Court Clerk assigned Case No. 2:25-cv-03338-GW-RAO to
the proceeding.
The nature of suit is stated as Other Fraud.
ByteDance -- https://www.bytedance.com/en/ -- is a global incubator
of platforms at the cutting edge of commerce, content,
entertainment and enterprise services.[BN]
The Plaintiff is represented by:
Heather Lopez, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
148 Dolphin Court
American Canyon, CA 94589
Phone: (707) 334-3727
Email: hlopez@milberg.com
- and -
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Phone: (868) 209-6941
Fax: (707) 334-3727
Email: jnelson@milberg.com
The Defendants are represented by:
Daniel M. Petrocelli, Esq.
O'MELVENY AND MYERS LLP
1999 Avenue of the Stars
Los Angeles, CA 90067-6035
Phone: (310) 553-6700
Fax: (310) 246-6779
Email: dpetrocelli@omm.com
- and -
Matthew David Powers, Esq.
O'MELVENY AND MYERS LLP
Two Embarcadero Center 28th Floor
San Francisco, CA 94111
Phone: (415) 984-8700
Fax: (415) 984-8701
Email: mpowers@omm.com
- and -
Stephen D Brody, Esq.
O'MELVENY AND MYERS LLP
1625 Eye Street, NW
Washington, DC 20006
Phone: (202) 383-5167
Email: sbrody@omm.com
CALIFORNIA PHYSICIANS': Pocci Sues Over Private Info Disclosure
---------------------------------------------------------------
DERRON POCCI, individually and on behalf of others similarly
situated, Plaintiff v. California Physicians' Service d/b/a Blue
Shield of California, Defendant, Case No. 25CV118750 (Cal. Super.,
Alameda Cty., April 14, 2025) is a class action lawsuit to address
Defendant's outrageous, illegal, and widespread practice of
disclosing its patients' confidential personally identifiable
information and protected health information to unauthorized third
parties, including Google LLC and additional unknown persons.
The Plaintiff and Class members, who used Defendant's Tech
Properties such as webpages and mobile app, expected that their
personal and sensitive medical information would remain private and
confidential. The Plaintiff and Class members had a reasonable
expectation that their interactions and communications with and
through Defendant's website would not be shared with any third
parties, let alone to undisclosed third parties.
Unbeknownst to individuals, and as recently admitted by Defendant
in an email to its customers, Google Analytics code is embedded
into the Blue Shield website. Through that embedded tracking
technology, while Plaintiff and Class members were interacting with
the Blue Shield website, Google, in real time, intercepted,
eavesdropped upon, and collected Blue Shield's website users'
sensitive information, including their protected health
information. All of this happened without the knowledge of the
individual, and certainly without any choice or consent, says the
suit.
California Physicians' Service, d/b/a Blue Shield of California,
operates as a non-profit organization. The Organization provides
group and individual term life, accidental death and dismemberment,
vision, and stop loss insurance products.[BN]
The Plaintiff is represented by:
Ignacio J. Hiraldo, Esq.
IJH LAW
1100 Town & Country Road Suite 1250
Orange, CA 92868
Telephone: (657) 200-1403
E-mail: ijhiraldo@ijhlaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW P.A.
515 E Las Olas Blvd., Ste 120
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
CALIFORNIA PHYSICIANS: Aiello Sues Over Unscrupulous Practice
-------------------------------------------------------------
John Aiello, on behalf of himself and all others similarly situated
v. CALIFORNIA PHYSICIANS' SERVICE D/B/A BLUE SHIELD OF CALIFORNIA,
Case No. 4:25-cv-03386-JD (N.D. Cal., April 16, 2025), is brought
to address the Defendant's uniform, unscrupulous and unlawful
practice of releasing and allowing the contemporaneous interception
of its patients' and customers' Private Information to unauthorized
third parties, including Google LLC and additional unknown data
brokers.
The Defendant is a sophisticated medical provider and insurance
company that is governed by the provisions of the Health Insurance
Portability and Accountability Act (HIPAA), as well as by federal
and state laws protecting privacy and governing the use and
disclosure of Personally Identifiable Information (PII) and
Protected Health Information (PHI) (collectively, "Private
Information"). At all times relevant to this complaint, the
Defendant knew and understood that it was obligated to secure the
PII and PHI that it required patients and customers to provide to
it and the other medical records that it maintained concerning its
patients and customers. Despite this knowledge, and in violation of
state and federal law, the Defendant entered business relationships
with third parties, including Google Analytics, through which it
disclosed the PII and PHI of its patients and customers without the
knowledge or authorization of its patients and customers, says the
complaint.
The Plaintiff has been insured by the Defendant and has used the
Defendant's services since 2017.
BLUE SHIELD is one of the largest health care insurers in
California.[BN]
The Plaintiff is represented by:
Joseph W. Cotchett, Esq.
Nanci E. Nishimura, Esq.
Brian Danitz, Esq.
Vasti S. Montiel, Esq.
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road
Burlingame, CA 94010
Phone: (650) 697-6000
Facsimile: (650) 697-0577
Email: jcotchett@cpmlegal.com
nnishimura@cpmlegal.com
bdanitz@cpmlegal.com
vmontiel@cpmlegal.com
- and -
Karin B. Swope, Esq.
Thomas E. Loeser, Esq.
Vara G. Lyons, Esq.
COTCHETT, PITRE & MCCARTHY, LLP
1809 7th Avenue, Suite 1610
Seattle, WA 98101
Phone: (206) 802-1272
Facsimile: (206)-299-4184
Email: kswope@cpmlegal.com
tloeser@cpmlegal.com
vlyons@cpmlegal.com
CALIFORNIA PHYSICIANS: Discloses Medical Info to Google, Suit Says
------------------------------------------------------------------
LISA REINGOLD, individually and on behalf of all others similarly
situated v. CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE SHIELD OF
CALIFORNIA (BSCA), Case No. 4:25-cv-03442 (N.D. Cal., April 18,
2025) is a class action for damages and injunctive relief against
the Defendant's systematic, ongoing practice of unlawfully
disclosing Plaintiff's and proposed Class Members' personal,
sensitive medical information to unauthorized third parties
including Google, LLC and additional unknown data collectors.
According to the complaint, Blue Shield provides a variety of care
including PPO, HMO, dental, and vision networks to its members with
over 75,000 physicians over 380 hospitals. The Defendant owns and
controls blueshieldca.com and related webpages and also owns and
controls a mobile app (collectively Website and App).
Blue Shield's Website and App allow Plaintiff and Class Members to
access a digital copy of their medical ID card; pay bills including
premiums using secure payment options; file insurance claims and
track their status; manage their healthcare needs including
scheduling telehealth appointments, accessing their health plans;
and navigating resources to find urgent care facilities; compare
costs, and prepare for non-emergent medical needs.
Blue Shield's Website and App contain a Google Analytics tracking
pixel, Google Ads tool, and other related tracking tools that
secretly enable the unauthorized transmission and disclosure of
Plaintiff's and Class Members' Private Information to Google, says
the suit.
CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE SHIELD OF CALIFORNIA
(BSCA) is one of the largest health care insurers in California
with nearly 6 million members and over 7,500 employees.[BN]
The Plaintiff is represented by:
Michael McShane, Esq.
Ling Y. Kuang, Esq.
AUDET & PARTNERS, LLP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 568-2555
Facsimile: (415) 568-2556
E-mail: mmcshane@audetlaw.com
lkuang@audetlaw.com
- and -
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: bcohen@leedsbrownlaw.com
CALIFORNIA PHYSICIANS: Discloses Patients' Info, Suit Claims
------------------------------------------------------------
Y.W., individually and on behalf of all others similarly situated,
Plaintiff v. CALIFORNIA PHYSICIANS' SERVICE D/B/A BLUE SHIELD OF
CALIFORNIA, Defendant, Case No. 3:25-cv-03225 (N.D. Cal., April 10,
2025) is a class action against the Defendant for breach of implied
contract, negligence, unjust enrichment, and violation of the
Electronic Communications Privacy Act.
The case arises from the Defendant's alleged unlawful practice of
disclosing the private and confidential information of its patients
to third parties, including Google LLC, without consent. The
Defendant installed tracking technologies, including, but not
limited to Google Analytics, and Google Ads, on its website to
collect and disclose the said information. As a result of the
Defendant's misconduct, the Plaintiff and Class members have
suffered numerous injuries, including invasion of privacy, loss of
benefit of the bargain, diminution of value of the private
information, statutory damages, and the continued and ongoing risk
to their private information.
California Physicians' Service, doing business as Blue Shield of
California, is a mutual benefit corporation and health plan,
headquartered in Oakland, California. [BN]
The Plaintiff is represented by:
Israel David, Esq.
ISRAEL DAVID LLC
17 State Street, Suite 4010
New York, NY 10004
Telephone: (212) 739-0622
Email: israel.david@davidllc.com
- and -
Mario A. Moya, Esq.
Rebecca M. Hoberg, Esq.
MOYA LAW FIRM
1300 Clay Street, Suite 600
Oakland, CA 94612
Telephone: (510) 926-6521
Facsimile: (510) 340-9055
Email: mmoya@moyalawfirm.com
rhoberg@moyalawfirm.com
CALIFORNIA PHYSICIANS: Torres Balks at Disclosure of Patients' Info
-------------------------------------------------------------------
ELLEN RENTAS TORRES, individually and on behalf of all others
similarly situated, Plaintiff v. CALIFORNIA PHYSICIANS' SERVICE
D/B/A BLUE SHIELD OF CALIFORNIA, Defendant, Case No. 4:25-cv-03228
(N.D. Cal., April 10, 2025) is a class action against the Defendant
for violations of California Penal Code, California Business and
Professions Code, California Constitution, and the Electronic
Privacy Act, intrusion upon seclusion, publication of private
facts, and breach of confidence.
The case arises from the Defendant's alleged unlawful practice of
disclosing the private and confidential information of its patients
to third parties, including Google LLC, without consent. The
Defendant installed tracking technologies, including, but not
limited to Google Analytics, and Google Ads, on its website to
collect and disclose the said information. As a result of the
Defendant's misconduct, the Plaintiff and Class members have
suffered numerous injuries, including invasion of privacy, loss of
benefit of the bargain, diminution of value of the private
information, statutory damages, and the continued and ongoing risk
to their private information.
California Physicians' Service, doing business as Blue Shield of
California, is a mutual benefit corporation and health plan,
headquartered in Oakland, California. [BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 W. Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: cardoso@kolawyers.com
ostrow@kolawyers.com
CAMUTO IPCO: Faces Scott Suit Over Route Package Protection Fees
----------------------------------------------------------------
RACHEL SCOTT, on behalf of herself and all others similarly
situated v. CAMUTO IPCO, LLC d/b/a Vince Camuto, Case No.
2:25-cv-03446 (C.D. Cal., April 18, 2025) is a class action seeking
monetary damages, restitution, and injunctive and declaratory
relief from Defendant arising from its use of surreptitiously
tacking on a "Route Package Protection" Fee on all orders placed on
its website without consumers' consent.
According to the complaint, when consumers make a purchase through
Vince Camuto's website, they browse products, select items from the
online store, add them to their cart, enter their billing and
shipping information. Up until this point, this is all standard for
an online purchasing experience. However, Vince Camuto vastly
diverts from the standard experience on the final payment screen by
secretly tacking on a so-called "Route Package Protection" Fee,
which is a percentage of the transaction that is automatically
added to all orders. Never do consumers affirmatively choose to add
the "Shipping Protection" to their shopping cart. Instead, Vince
Camuto secretly adds this fee without consumers' consent right
before the purchase is complete, says the suit.
Automatically sneaking in this fee is what the FTC has deemed as a
"Digital Dark Pattern" designed to trick or manipulate consumers
into making choices that they might not otherwise have made, the
suit asserts.
Camuto is an online retailer that sells customizable bags and
accessories. Defendant is incorporated in Delaware and
headquartered in New York.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E, No. 1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
CANADA: Court Denies Class Suit Over Mouldy Warships
----------------------------------------------------
Todd Coyne, writing for CTV News, reports that a Federal Court
judge has struck down a proposed class-action lawsuit filed on
behalf of current and former Canadian military members alleging
exposure to "dangerous levels of toxic mould" on Canada's
warships.
Plaintiff Felix Dunn claimed the Canadian Armed Forces was aware,
or should have been aware, of the presence of harmful mould on its
naval vessels, and was therefore negligent in maintaining the ships
and preventing foreseeable harm in the workplace.
Dunn was stationed aboard HMCS Vancouver, a Halifax-class frigate
and one of the largest vessels in the Royal Canadian Navy, from
June to December 2016, when he started complaining of chills,
fever, fatigue and a "burning and tightness in his chest"
accompanied by a cough, the court heard.
He later "discovered what he believed to be black mould growing
from the fittings in the pipes on the ship," Justice Cecily
Strickland wrote in her summary of the case. "Shortly thereafter he
was diagnosed with exercise-induced asthma, sleep apnea, and
chronic rhinitis."
Dunn, who was released from the military in 2022, told the court
that although he was treated with antibiotics while serving on the
frigate, he never fully recovered. He continues to suffer "violent
swings in temperature," breathing troubles and a compromised
quality of life, he said.
Dunn would go on to claim various disability benefits through
Veterans Affairs Canada, while also filing the claim for a proposed
class-action case on behalf of all current and former CAF members
who served on naval vessels from January 2000 onwards.
In early 2021, Veterans Affairs awarded Dunn partial disability
benefits for his cough and chronic rhinitis, confirming these
injuries arose out of his service to the country. He also won a
medical release from the CAF for his duty-related injuries, and by
the following year had collected more than $150,000 in additional
payments for pain and suffering, according to the court.
The Attorney General of Canada, however, in moving to strike the
class-action claim, argued that Dunn had already been sufficiently
compensated for his injuries through Veterans Affairs.
The judge agreed.
"In my view, the plaintiff's claim in this case relies on the same
factual basis that led to compensation being paid to him by VAC
(Veterans Affairs Canada). That is, the presence of mould on a CAF
ship to which the plaintiff was exposed in the course of his CAF
duties causing him injury," Strickland wrote in her April 9
decision.
"Thus, the compensation paid or payable to him is a bar to the
action against the Crown because it is made on the same factual
basis as the plaintiff's action. More specifically, the
compensation was given in respect of the identical injury or
disease which forms the basis of the claim."
'Double recovery'
The federal Crown Liability and Proceedings Act prevents the
co-called "double recovery" of compensation from the federal
government for claims arising form a previously compensated
misconduct, according to a 2002 Supreme Court of Canada decision
cited by the judge.
Another barrier to the success of Dunn's claim was that he didn't
file grievances about the presence of mould or other toxins while
still in uniform, the judge noted.
The attorney general argued Dunn's complaints were essentially
workplace grievances that should have been raised through the
military's dispute resolution system to be investigated and
resolved before resorting to a class-action proposal.
Here again the judge sided with the federal government.
"I agree with the AGC (Attorney General of Canada) that the court
should decline jurisdiction given the comprehensive CAF dispute
resolution scheme," Strickland wrote.
"There is also no evidence that the plaintiff sought to grieve any
matter related to workplace safety, injury or illness while serving
in the CAF, and he does not assert otherwise."
In granting the federal government's motion to strike down the
class action proposal, the judge ruled Ottawa was entitled to
recover its costs for the proceedings, which the attorney general
declined. [GN]
CAPITAL ASSET MANAGEMENT: Ryan Suit Removed to D. Maryland
----------------------------------------------------------
The case captioned as Ellen Ryan, an individual, on behalf of
herself all others similarly situated v. Capital Asset Management
Group, Inc. Case No. C-15-CV-25-000986 was removed from the Circuit
Court of Maryland for Montgomery County, to the U.S. District Court
for the District of Maryland on April 16, 2025.
The District Court Clerk assigned Case No. 8:25-cv-01244-GLS to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Capital Asset Management Group, Inc. -- https://capitalamg.com/ --
are financial planners and investment advisors offering investment
management, life insurance, retirement planning, personal finance
planning, and more.[BN]
The Plaintiffs are represented by:
Arnold Abraham, Esq.
THE CYBERLAW GROUP
220 North Liberty Street
Baltimore, MD 21201
Phone: (443) 406-0134
Email: abraham@thecyberlawteam.com
- and -
Eric J. Menhart, Esq.
LEXERO LAW
80 M St SE Ste 100
Washington, DC 20003
Phone: (855) 453-9376
Fax: (855) 453-9376
Email: Eric.Menhart@Lexero.com
The Defendants are represented by:
Elizabeth Anne Scully, Esq.
BAKER AND HOSTETLER LLP
1050 Connecticut Ave NW Ste 1100
Washington, DC 20036
Phone: (202) 861-1698
Fax: (202) 861-1783
Email: escully@bakerlaw.com
CARAWAY HOME: Hampton Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Erica Hampton, Vanessa Trevino, on behalf of
herself and all others similarly situated v. Caraway Home Inc.,
Case No. 25STCV06824 was removed from the Los Angeles County
Superior Court, to the U.S. District Court for the Central District
of California on April 16, 2025.
The District Court Clerk assigned Case No. 2:25-cv-03489-CBM-MAR to
the proceeding.
The nature of suit is stated as Other Fraud.
Caraway Home, Inc. -- https://www.carawayhome.com/ -- design
non-toxic ceramic-coated home goods that have raised the standards
of what you cook and bake with.[BN]
The Plaintiffs are represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW PA
1925 Century Park East, No 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
The Defendants are represented by:
Jacob Ayres, Esq.
Alessandro Nolfo, Esq.
GUPTA EVANS AND AYRES, PC
5353 Mission Center Rd., Ste. 215
San Diego, CA 92108
Phone: (619) 866-3444
Fax: (619) 330-2055
Email: ja@socal.law
CARAWAY HOME: Hampton Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Erica Hampton and Vanessa Trevino, on behalf
of herself and all others similarly situated v. CARAWAY HOME, INC.,
Case No. 25STCV06824 was removed from the Superior Court of the
State of California, County of Los Angeles, to the United States
District Court for the Central District of California on April 16,
2025, and assigned Case No. 5:25-cv-00939.
On March 10, 2025, Plaintiffs commenced the state court putative
class action for claims of, inter alia, violations of the Consumer
Legal Remedies Act ("CLRA").[BN]
The Defendants are represented by:
Jacob A. Ayres, Esq.
Alessandro Nolfo, Esq.
GUPTA EVANS & AYRES, PC
5353 Mission Center Rd., Ste. 215
San Diego, CA 92108
Phone: (619) 866-3444
Facsimile: (619) 330-2055
Email: ja@SoCal.law
CELESTRON ACQUISITION: Hightower Class Settlement Gets Final Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Hightower v. Celestron
Acquisition, LLC et al. (RE TELESCOPES ANTITRUST LITIGATION), Case
No. 5:20-cv-03639-EJD (N.D. Cal.), the Hon. Judge Edward Davila
entered an order:
-- granting motion for final approval of settlement, and
-- granting motion for attorneys' fees, expenses, and service
awards
The Court finds that the terms of the Settlement Agreement are
fair, adequate, and reasonable; that Federal Rule of Civil
Procedure 23(e) and the fairness and adequacy factors are
satisfied; and that the Settlement Agreement should be approved and
implemented.
Class Counsel's motion for Attorneys' fees, expenses, and service
awards is also granted. Class Counsel is awarded $10,666,667 in
attorneys' fees and $771,461 in litigation expenses. Class
Representatives are granted a service award of $3,000 each.
Without affecting the finality of this Order in any way, the Court
retains jurisdiction of all matters relating to the interpretation,
administration, implementation, effectuation, and enforcement of
this Order and the Settlement Agreement.
The parties shall file a post-distribution accounting in accordance
with this District's Procedural Guidance for Class Action
Settlements no later than Jan. 12, 2026.
The parties' statement shall include information regarding the
number of claims Verita found fraudulent as of that date. The Court
sets a compliance deadline on Jan. 22, 2026, on the Court's 9:00
a.m. calendar to verify timely filing of the post-distribution
accounting.
IPPs allege that Defendants and related individuals conspired to
unlawfully fix or stabilize prices for consumer telescopes,
resulting in IPPs paying more than they would have in the absence
of Defendants' alleged conduct.
On Nov. 4, 2024, the Court granted preliminary approval of the
Settlement Agreement and approved the proposed Notice Plan.
Under the Settlement Agreement, the Settlement Class is defined as:
"all persons and entities in the Indirect Purchaser States
who, during the period from Jan. 1, 2005 to Sept. 6, 2023,
purchased one or more Telescopes from a distributor (or from
an entity other than a Defendant) that a Defendant or alleged
co-conspirator manufactured."
Excluded from the Class are Defendants; their parent
companies, subsidiaries and Affiliates; any co-conspirators;
Defendants' attorneys in this Action; federal government
entities and instrumentalities, states and their subdivisions;
all judges assigned to this Action; all jurors in this Action;
and all Persons who directly purchased Telescopes from
Defendants but only for those direct purchases of Telescopes.
A copy of the Court's order dated April 11, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=38ph3m at no extra
charge.[CC]
CHRISWELL HOME: Class Cert Bid Filing Due April 10, 2026
--------------------------------------------------------
In the class action lawsuit captioned as NICHOLAS MCELHANEY, v.
CHRISWELL HOME IMPROVEMENTS, INC., Case No. 2:25-cv-00175-DJC-CSK
(E.D. Cal.), the Hon. Judge Daniel Calabretta entered a scheduling
order as follows:
Rule 26(a) Initial Disclosures If not already completed, all
parties appearing shall make initial disclosures pursuant to
Federal Rule of Civil Procedure Rule 26(a)(1) no later than Apr.
18, 2025.
All fact discovery as it pertains to class certification shall be
completed1 no later than Jan. 16, 2026.
All expert discovery as it pertains to class certification shall be
completed no later than Mar. 27, 2026.
By Sept. 12, 2025, all parties shall file with the Court a brief
Joint Mid-Discovery Statement summarizing the current status of
discovery proceedings.
The Plaintiff's motion for class certification, shall be filed on
or before April 10, 2026 and shall be noticed for hearing before
Judge Calabretta on June 25, 2026 at 1:30 p.m.
Chriswell is a veteran-owned home improvement company.
A copy of the Court's order dated April 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=V7XGhW at no extra
charge.[CC]
CHUNG LLC: Li Sues to Recover Lost Wages
----------------------------------------
Jianxin Li and Man Xiu Xiong a/k/a Jenny Xiong, and other similarly
situated v. CHUNG LLC d/b/a Chung's Barber Shop, STANLEY CHUNG, and
JOHN DOE, Case No. 3:25-cv-00022-JHY-JCH (W.D. Va., April 16,
2025), is brought against Defendants for violations of the Fair
Labor Standards Act ("FLSA"), prohibiting retaliatory action
against employees, arising from Defendants' willful and unlawful
retaliation against Plaintiffs for their engaging in protected
activity and to recover from Defendants: lost wages, benefits, and
other remuneration, together with interest thereon (and, under the
FLSA, an equal amount as liquidated damages), reasonable attorney
fees, costs.
The Plaintiff Li sued Defendants CBS and Chung in Li I on April 23,
2024. In Li I, Plaintiff Li sought, among other things, recovery of
unpaid overtime wages owed to him under Section 207 of the Fair
Labor Standards Act and recovery of unpaid minimum wages owed to
him. In support of his motion for conditional collective
certification in Li I, Plaintiff Li relied on, among other things,
his affidavit setting forth his terms and conditions of employment
and those of other barbers and hairdressers (including Plaintiff
Xiong); and an affidavit of Plaintiff Xiong setting forth her terms
and conditions of employment and those of other barbers and
hairdressers.
As of April 8, 2025, Plaintiff Xiong was still employed by and
working for Defendants as a barber and hairdresser, and had not
opted into Li I. Plaintiff Xiong had not opted into or otherwise
joined Li I because she feared that Defendants would retaliate
against her for doing so. On Friday, April 11, 2025, at about 9:19
PM, Plaintiff Xiong received a telephone call from the telephone
number (804) 400-0276. Plaintiff Li and Plaintiff Xiong heard the
caller, Defendant Doe, speak to Plaintiff Xiong in English, but
neither could not understand what he was saying. That call lasted
approximately two (2) minutes.
From the foregoing, it is apparent that Defendants were targeting
Plaintiff Xiong in order to retaliate against Plaintiff Li for
having the temerity to bring Li I against them in an attempt to
enforce his rights. However, Defendants only terminated Plaintiff
Xiong, and threatened Plaintiffs Xiong and Li with arrest,
detention, prosecution, and/or deportation, beginning on or about
April 10, 2025, two days after Plaintiff Li moved to conditionally
certify a collective in Li I and Plaintiff Xiong submitted an
affidavit in support of that motion., says the complaint.
The Plaintiffs were employed by the Defendants as barbers.
The Defendant CBS operated two barber shops.[BN]
The Plaintiff is represented by:
Aaron B. Schweitzer, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Phone: (718) 762-1324
Email: troylaw@troypllc.com
CIUNI & PANICHI: Fails to Protect Personal Info, Johnson Says
-------------------------------------------------------------
RISHAW JOHNSON, individually and on behalf of all others similarly
situated v. CIUNI & PANICHI, INC., Case No. 1:25-cv-00793 (N.D.
Ohio, April 21, 2025) seeks to hold the Defendant responsible for
the harms it caused the Plaintiff and similarly situated persons in
the preventable data breach of Defendant's inadequately protected
computer network.
According to the complaint, the Defendant obtained and stored the
personally identifiable information of Plaintiff and Class members.
By taking possession and control of Plaintiff's and Class members'
PII, Defendant assumed a duty to securely store and protect it.
Accordingly, the Defendant breached this duty and betrayed the
trust of Plaintiff and Class members by failing to properly
safeguard and protect their PII, thus enabling cybercriminals to
access, acquire, appropriate, compromise, disclose, encumber,
exfiltrate, release, steal, misuse, and/or view it.
On Nov. 3, 2024, the Defendant became aware of unauthorized
activity in an employee email account. Based on a subsequent
forensic investigation, and following the completion of that review
on Jan. 21, 2025, the Defendant determined information related to
clients it provides account services to was impacted (the Data
Breach).
The Defendant purported to begin notifying impacted client data
owners of the Data Breach on or about March 27, 2025. The PII
accessed by cybercriminals included names and Social Security
numbers, which is some of the most sensitive and valuable PII. 9.
Defendant's misconduct -- failing to implement adequate and
reasonable measures to protect Plaintiff's and Class members' PII,
failing to timely detect the Data Breach, failing to take adequate
steps to prevent and stop the Data Breach, failing to disclose the
material facts that it did not have adequate security practices in
place to safeguard the PII, and failing to provide timely and
adequate notice of the Data Breach -- caused substantial harm and
injuries to Plaintiff and Class members across the United States.
Due to Defendant's negligence and failures, cyber criminals
obtained and now possess everything they need to commit personal
identity theft and wreak havoc on the financial and personal lives
of affected individuals, for decades to come the Plaintiff is a
citizen and resident of New Orleans, Louisiana, asserts the suit.
The Plaintiff was a prospective customer of Defendant who provided
his PII to Defendant approximately one and a half years before the
Data Breach. In this complaint, the Plaintiff defines the proposed
nationwide Class as:
"All persons residing in the United States whose PII was
compromised during Defendant's Data Breach in our around
November, 2024.
CIUNI & PANICHI, INC. is of the largest certified accounting firms
in Northeastern Ohio. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave, Ste. 705
Miami, FL 33132
Telephone: 305-479-2299
E-mail: ashamis@shamisgentile.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
CIUNI & PANICHI: Fails to Secure Private Info, Resendiz Alleges
---------------------------------------------------------------
EDDIE RESENDIZ, individually and on behalf of all others similarly
situated v. CIUNI & PANICHI, INC. CERTIFIED PUBLIC ACCOUNTANTS,
Case No. 1:25-cv-00687-PAG (N.D. Ohio, April 7, 2025) alleges that
the Defendant failed to properly secure and safeguard the
personally identifiable information that it collected and
maintained as part of its regular business practices, including
Plaintiff’s and Class Members' names and Social Security
numbers.
The case arises out of the recent data breach involving the
Defendant, a company that provides accounting services to its
clients. Accordingly, current and former customers are required to
entrust Defendant with sensitive, non-public Private Information
for themselves and their current and former employees, without
which Defendant could not perform its regular business activities.
By obtaining, collecting, using, and deriving a benefit from the
Private Information of Plaintiff and Class Members, Defendant
assumed legal and equitable duties to those individuals to protect
and safeguard that information from unauthorized access and
intrusion, says the suit.
The Plaintiff brings this action on behalf of all persons whose
Private Information was compromised as a result of the Defendant's
failure to adequately protect the Private Information of Plaintiff
and Class Members.
The Plaintiff and Class Members are current and former customers of
Defendant, and/or current and former employees of the Defendant's
customers.
The Defendant provides accounting services to individuals and
various companies, who then entrust their and their employees’
Private Information to Defendant.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
COLORADO WEST: Powers Sues Over Mass Layoff Without Advance Notice
------------------------------------------------------------------
HANNA POWERS, individually and on behalf of all others similarly
situated, Plaintiff v. COLORADO WEST, INC. d/b/a WEST SPRINGS
HOSPITAL, Defendant, Case No. 1:25-cv-01116-PAB (D. Colo., April 9,
2025) is a class action against the Defendant for violation of the
Worker Adjustment and Retraining Notification (WARN) Act.
The case arises from the Defendant's action of terminating the
Plaintiff and similarly situated employees as part of a mass layoff
on or around February 24, 2025 without giving the notice required
under the WARN Act.
Colorado West, Inc., doing business as West Springs Hospital, is a
hospital operator, located in Grand Junction, Colorado. [BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Michael C. Iadevaia, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
miadevaia@stranchlaw.com
- and -
Lynn A. Toops, Esq.
Ian Bensberg, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenmalad.com
ibensberg@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@straussborrelli.com
raina@straussborrelli.com
CROSSROADS TRADING: Medina Sues Over Unprotected Personal Info
--------------------------------------------------------------
JUANITA MEDINA, individually and on behalf of all others similarly
situated, Plaintiff v. CROSSROADS TRADING CO., INC., Defendant,
Case No. 4:25-cv-03309 (N.D. Cal., April 14, 2025) arises from the
Defendant's failure to secure the personally identifiable
information of Plaintiff and the members of the proposed Class,
where Plaintiff provided her PII directly to Defendant as a
condition of receiving employment with Defendant.
On or around February 26, the Defendant first notified Plaintiff
and Class Members about the suspicious activity on its network. The
Defendant determined that an unauthorized actor acquired data off
its network, which contained the PII of individuals that was being
stored on Defendant's network. On March 18, 2025, the Defendant
sent an email notice to Plaintiff and Class Members, informing them
about the data breach.
As a result of the data breach, which Defendant failed to prevent,
the PII of individuals including Plaintiff (and Class Members) was
stolen. Through this lawsuit, the Plaintiff seek to hold Defendant
responsible for the injuries they inflicted on Plaintiff and Class
Members due to their impermissibly inadequate data security
measures, and to seek injunctive relief to ensure the
implementation of security measures to protect the PII that remains
in Defendant's possession.
Crossroads Trading Co., Inc. buys, sells, and trades a wide variety
of clothes, accessories, shoes, and other products across the U.S.
[BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: cardoso@kolawyers.com
ostrow@kolawyers.com
DMC CORPORATION: Thorne Sues Over Blind's Equal Access to Website
-----------------------------------------------------------------
BRAULIO THORNE, individually and on behalf of all others similarly
situated, Plaintiff v. THE DMC CORPORATION, Defendant, Case No.
1:25-cv-02998 (S.D.N.Y., April 10, 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.dmc.com/US/en, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of their
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include but
not limited to: lack of alternative text (alt-text), empty links
that contain no text, redundant links, and linked images missing
alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
The DMC Corporation is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Michael@Gottlieb.legal
Dana@Gottlieb.legal
DONALD TRUMP: Bid to Amend Definition of Certified Class OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as J.G.G., et al, v. DONALD
J. TRUMP, et al., Case No. 1:25-cv-02886-AKH (S.D.N.Y.), the Hon.
Judge Alvin Hellerstein entered an order granting Petitioners
motion to amend the definition of the certified class.
Accordingly, the class is defined as:
"All noncitizens in federal, state, or local custody in the
Southern District of New York who were, are, or will be
subject to the March 2025 Presidential Proclamation entitled
'Invocation of the Alien Enemies Act Regarding the Invasion of
the United States by Tren De Aragua' and/or its
implementation, who have not been given notice following the
Supreme Court's decision of April 7, 2025, Trump v. J.G.G.,
No. 24A931, 2025 WL 1024097, and granted a hearing."
The notice to be provided shall be written in English and Spanish,
the language of those sought to be expelled, and if needed,
Spanish-to-English interpreters shall be provided for hearings. An
amended temporary restraining order will be filed
contemporaneously.
The Court also granted Petitioners' motion to strike attorneys from
Democracy Forward as class counsel, and to add attorneys from the
New York Civil Liberties Union as class counsel.
A copy of the Court's order dated April 11, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1UAlIo at no extra
charge.[CC]
DRAFTKINGS INC: Solicits Users to Gamble Large Sums, Macek Says
---------------------------------------------------------------
Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, and
Robert Walker, individually and on behalf of all others similarly
situated v. DraftKings, Inc.; Crown PA Gaming Inc. d/b/a
DraftKings; Golden Nugget Online Gaming LLC, Case No. 2:25-cv-01995
(E.D. Pa., April 18, 2025) is a class action suit because
DraftKings is earning enormous amounts of revenue by misleading and
addicting its users.
According to the complaint, DraftKings's business model has long
involved pushing the boundaries of the law, misleading consumers,
and luring naïve gamblers into developing addictions. DraftKings
uses these tactics to identify and cultivate the people it wants on
its platform: those who are most susceptible to these sorts of
promotions and most likely to lose a lot of money betting.
DraftKings uses its copious user data to create profiles of users
based on their demographic and financial information as well as
their betting behavior. DraftKings then deploys sophisticated
targeted marketing to its users to maximize the amount of money
they deposit and lose on its platforms, says the suit.
DraftKings goes even further than this in knowingly targeting
addicted gamblers. The company frequently targets users that are on
state self-exclusion lists for addicted gamblers or users who have
directly asked the company to suspend or close their accounts to
prevent them from continuing to gamble. DraftKings, nevertheless
allows and actively solicits these users to gamble large sums of
money despite knowing they are struggling to control their gambling
addictions, the suit adds.
DraftKings is a Nevada gambling and entertainment corporation
headquartered in Boston, Massachusetts.[BN]
The Plaintiffs are represented by:
Amelia Maxfield, Esq.
Michael Kanovitz, Esq.
Jon Loevy, Esq.
Isaac Green, Esq.
Aaron Tucek, Esq.
LOEVY & LOEVY
1712 N Street NW Ste. 401
Washington DC 20011
Telephone: (312) 243-5900
E-mail: mike@loevy.com
EISNER ADVISORY: Niosi Sues Over Failure to Secure Personal Info
----------------------------------------------------------------
CHRISTOPHER NIOSI, individually, and on behalf of all others
similarly situated, Plaintiff v. EISNER ADVISORY GROUP LLC,
Defendant, Case No. 0:25-cv-01409 (D. Minn., April 14, 2025) arises
from the Defendant's failure to undertake appropriate and adequate
measures to protect the sensitive personal information (SPI) of
approximately 85,000 individuals.
On or about April 8, 2025, Eisner announced publicly that in or
around September 2023, it had been the recipient of a hack and
exfiltration of sensitive personal information. The Plaintiff and
Class members now face a present and imminent lifetime risk of
identity theft, which is heightened here by the loss of Social
Security numbers.
The Plaintiff brings this action on behalf of all persons whose SPI
was compromised as a result of Defendant's failure to: (i)
adequately protect individuals' SPI, (ii) adequately warn these
individuals of its inadequate information security practices, and
(iii) effectively monitor its platforms for security
vulnerabilities and incidents. The Defendant's conduct amounts to
negligence and violates federal and state statutes, says the suit.
Eisner Advisory Group LLC is a full-service accounting firm and
auditor.[BN]
The Plaintiff is represented by:
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
EISNER ADVISORY: Ouellette Sues Over Inadequate Data Security
-------------------------------------------------------------
CHRIS OUELLETTE, individually and on behalf of all others similarly
situated, Plaintiff v. EISNER ADVISORY GROUP LLC, Defendant, Case
No. 1:25-cv-03069-LAK (S.D.N.Y., April 14, 2025) seeks to hold
Defendant responsible for the harms it caused Plaintiff and
similarly situated persons in the preventable data breach of
Defendant's inadequately protected computer network.
In September 2023, Eisner detected suspicious activity on its
computer network, indicating a data breach. Based on a subsequent
forensic investigation, Eisner determined that cybercriminals
infiltrated its inadequately secured computer systems and thereby
gained access to its data files between September 4, 2023 and
September 9, 2023.
By taking possession and control of Plaintiff's and Class members'
personal information, the Defendant assumed a duty to securely
store and protect it. The Defendant breached this duty and betrayed
the trust of Plaintiff and Class members by failing to properly
safeguard and protect their personal information, thus enabling
cybercriminals to access, acquire, appropriate, compromise,
disclose, encumber, exfiltrate, release, steal, misuse, and/or view
it, says the suit.
Due to Defendant's negligence and failures, cyber criminals
obtained and now possess everything they need to commit personal
identity theft and wreak havoc on the financial and personal lives
of thousands of individuals, for decades to come, the suit
alleges.
Eisner Advisory Group LLC is a full-service accounting firm and
auditor.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Tanner R. Hilton, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
E-mail: wbf@federmanlaw.com
trh@federmanlaw.com
- and -
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Will Rogers Pkwy, Suite 700
Oklahoma City, OK 73108
Telephone: (405) 389-4989
E-mail: abm@murphylegalfirm.com
ELEVANCE HEALTH: Kneppar Seeks Leave to File Documents Under Seal
-----------------------------------------------------------------
In the class action lawsuit captioned as LEAH KNEPPAR, on behalf of
herself and all others similarly situated, v. THE ELEVANCE HEALTH
COMPANIES, INC. f/k/a THE ANTHEM COMPANIES, INC., Case No.
8:23-cv-00863-MJM (D. Md.), the Plaintiff asks the Court to enter
an order granting leave to file certain exhibits in support of her
Motion for Rule 23 Class Certification under seal.
The Plaintiff seeks leave to file the following documents, which
are all exhibits to the Declaration of Rachhana T. Srey in Support
of Plaintiff's Motion for Rule 23 Class Certification, under seal
given Defendant's designation of the documents as "Confidential":
-- Exhibit Nos. 4, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 22,
23, 24, 25, 26, 27, 28, 29, 31, 33, 34, and 35. Because the
entirety of each of these documents was designated by
Defendant as "Confidential," redaction is impracticable.
Elevance is an American-managed healthcare insurance company.
A copy of the Plaintiff's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=M890MV at no extra
charge.[CC]
The Plaintiff is represented by:
Scott E. Nevin, Esq.
LAW OFFICES OF PETER T. NICHOLL
36 South Charles Street, Suite 1700
Baltimore, MD 02120
Telephone: (410) 260-0183
Facsimile: (410) 244-1047
E-mail: snevin@nicholllaw.com
- and -
Rachhana T. Srey, Esq.
Caitlin L. Opperman, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: srey@nka.com
copperman@nka.com
ELEVANCE HEALTH: Kneppar Seeks Rule 23 Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as LEAH KNEPPAR, on behalf of
herself and all others similarly situated, v. THE ELEVANCE HEALTH
COMPANIES, INC. f/k/a THE ANTHEM COMPANIES, INC., Case No.
8:23-cv-00863-MJM (D. Md.), the Plaintiff asks the Court to enter
an order certifying a class action pursuant to Federal Rule of
Civil Procedure 23.
Elevance is an American-managed healthcare insurance company.
A copy of the Plaintiff's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qRCsfs at no extra
charge.[CC]
The Plaintiff is represented by:
Scott E. Nevin, Esq.
LAW OFFICES OF PETER T. NICHOLL
36 South Charles Street, Suite 1700
Baltimore, MD 02120
Telephone: (410) 260-0183
Facsimile: (410) 244-1047
E-mail: snevin@nicholllaw.com
- and -
Rachhana T. Srey, Esq.
Caitlin L. Opperman, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: srey@nka.com
copperman@nka.com
ENTRAVISION COMMUNICATIONS: Mizel Sues Over Incorrect Tax Return
----------------------------------------------------------------
DEBBI MIZEL, individually and on behalf of all others similarly
situated, Plaintiff v. ENTRAVISION COMMUNICATIONS CORPORATION,
Defendant, Case No. 2:25-cv-03136 (C.D. Cal., April 10, 2025) is a
class action against the Defendant for violations of 26 U.S.C.
Section 7434 and negligent representation.
According to the complaint, Entravision violated Section 7434 by
knowingly or recklessly reporting its stockholder distributions as
taxable dividends in specified amounts, while in fact such amounts
should have been designated non-taxable, and the amounts reported
thus should have been zero. Moreover, Entravision has breached its
duty of due care and made a negligent misrepresentation by
improperly characterizing its distributions pursuant to the
Internal Revenue Code (IRC) rules and regulations. The Plaintiff
and the Class members have and will be damaged by paying taxes on
what should properly be characterized as a tax-free or tax-deferred
Return of Capital, and incurring needless accounting costs.
Entravision Communications Corporation is a media company with its
headquarters in Burbank, California. [BN]
The Plaintiff is represented by:
David N. Lake, Esq.
LAW OFFICES OF DAVID N. LAKE
16130 Ventura Boulevard, Suite 650
Encino, CA 91436
Telephone: (818) 788-5100
Facsimile: (818) 479-9990
Email: david@lakelawpc.com
- and -
Laurence D. Paskowitz, Esq.
THE PASKOWITZ LAW FIRM P.C.
The Contour
97-45 Queens Boulevard, Ste. 1202
Rego Park, NY 11374
Telephone: (212) 685-0969
Email: lpaskowitz@pasklaw.com
- and -
Emily Komlossy, Esq.
KOMLOSSY LAW P.A.
3440 Hollywood Boulevard, Ste. 415
Hollywood, FL 33021
Telephone: (954) 842-2021
Facsimile: (954) 416-6223
Email: eck@komlossylaw.com
EPSILON DATA MANAGEMENT: McGee Files Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Epsilon Data
Management, LLC. The case is styled as Nitaya McGee, on behalf of
herself and all others similarly situated v. Epsilon Data
Management, LLC, Case No. 5:25-cv-00928 (C.D. Cal., April 16,
2025).
The nature of suit is state as Other P.I. for Personal Injury.
Epsilon -- https://www.epsilon.com/us -- is a global data,
technology and services company that powers the marketing and
advertising ecosystem.[BN]
The Plaintiff is represented by:
Heather Marie Lopez, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
148 Dolphin Ct.
American Canyon, CA 94589
Phone: (707) 334-3727
Email: hlopez@milberg.com
EQUITY PRIME: Brown Suit Seeks Unpaid OT Wages Under FLSA, NJWHL
----------------------------------------------------------------
SHAMEEN BROWN, on behalf of herself and all others similarly
situated v. EQUITY PRIME MORTGAGE, LLC, Case No. 1:25-cv-01832-MLB
(N.D. Ga., April 7, 2025) seeks for recovery of unpaid overtime
relief under the Fair Labor Standards Act of 1938 and the New
Jersey State Wage and Hour Law.
Accordingly, the Defendant classified Plaintiff, along with all
other retail and wholesale Underwriters, as exempt from overtime
and therefore failed to pay any overtime to Plaintiff and the
similarly situated Underwriters.
The Plaintiff and all other similarly situated Underwriters were
required to work more than 40 hours in a workweek while employed by
Equity Prime in order to complete their job duties. However, as a
result of Equity Prime’s policies and/or practices, Equity Prime
failed to pay Plaintiff and the similarly situated Underwriters
overtime at the required rate of time-and-one-half for all hours
worked in excess of 40 in a work week.
Equity Prime's systematic failure and refusal to pay Plaintiff and
all other similarly situated Underwriters for all hours worked over
40 in a workweek violates the FLSA and NJWHL, says the suit.
The Plaintiff was employed by Equity Prime as an Underwriter.
Equity is national mortgage lender.[BN]
The Plaintiff is represented by:
Rachel Berlin Benjamin, Esq.
BEAL SUTHERLAND
BERLIN & BROWN LLC
2200 Century Parkway NE, Suite 100
Atlanta, GA 30345
Telephone: (404) 476-5305
- and -
Gregg I. Shavitz, Esq.
Paolo Meireles, Esq.
Tamra Givens, Esq.
SHAVITZ LAW GROUP, P.A.
E-mail: gshavitz@shavitzlaw.com
pmeireles@shavitzlaw.com
ETESOR ENTERPRISES: Marcano Suit Seeks Minimum Wages Under FLSA
---------------------------------------------------------------
MIGUEL MARCANO, NATASHA AYURANI GUZMAN, and all others similarly
situated under 29 U.S.C. section 216(b) v. ETESOR ENTERPRISES, INC.
d/b/a AZUCAR NIGHT CLUB and MANUEL FRANCOS, Case No.
1:25-cv-21782-WPD (S.D. Fla., April 18, 2025) alleges that the
Defendants have employed several other similarly situated employees
like Plaintiffs who have not been paid Federal minimum wages for
work performed under the Fair Labor Standards Act (FLSA).
Plaintiff Marcano worked for Defendants as a server, barback and
busboy from April 2023 through April 11, 2025.
Plaintiff Guzman worked for Defendants as a bottle server from
April 2023 through April 3, 2025.
The Defendant operates Azucar Nightclub.[BN]
The Plaintiffs are represented by:
Jamie H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
EVERUS CONSTRUCTION: Faces Securities Class Action Lawsuit
----------------------------------------------------------
If you suffered a loss on your Everus Construction Group, Inc.
(NYSE:ECG) investment and want to learn about a potential recovery
under the federal securities laws, visit the link for more
information:
https://zlk.com/pslra-1/everus-construction-group-inc-lawsuit-submission-form?prid=143972&wire=1
or contact Joseph E. Levi, Esq. via email at
jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team
of experienced shareholder advocates.
THE LAWSUIT: A class action securities lawsuit was filed against
Everus Construction Group, Inc. that seeks to recover losses of
shareholders who were adversely affected by alleged securities
fraud between October 31, 2024 and February 11, 2025.
CASE DETAILS: The filed complaint alleges that defendants made
false statements and/or concealed that: (1) the Company's backlog
conversion cycle had become elongated due to larger, more complex
projects; (2) as a result, the Company's revenue recognition would
be delayed; and (3) as a result of the foregoing, defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis.
WHAT'S NEXT? If you suffered a loss in Everus Construction stock
during the relevant time frame -- even if you still hold your
shares -- go to
https://zlk.com/pslra-1/everus-construction-group-inc-lawsuit-submission-form?prid=143972&wire=1
to learn about your rights to seek a recovery. There is no cost or
obligation to participate.
WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP
has established itself as a nationally-recognized securities
litigation firm that has secured hundreds of millions of dollars
for aggrieved shareholders and built a track record of winning
high-stakes cases. The firm has extensive expertise representing
investors in complex securities litigation and a team of over 70
employees to serve our clients. For seven years in a row, Levi &
Korsinsky has ranked in ISS Securities Class Action Services' Top
50 Report as one of the top securities litigation firms in the
United States. Attorney Advertising. Prior results do not guarantee
similar outcomes.
CONTACT:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 17th Floor
New York, NY 10004
jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
https://zlk.com/ [GN]
FANDANGO MEDIA: Beer Sues Over Deceptive Advertised Memberships
---------------------------------------------------------------
Jonathan Beer, individually and on behalf of all others similarly
situated v. FANDANGO MEDIA, LLC, Case No. 2:25-cv-03375 (C.D. Cal.,
April 16, 2025), is brought against the Defendant's who deceptively
advertised Fandango FanClub memberships that included credits that
illegally expired after 30 days
The Defendant operates the Fandango mobile app and website,
Fandango.com, where customers can purchase movie tickets and stream
content. It also sells a "Fandango FanClub" membership. According
to Fandango, a Fandango FanClub membership offers several benefits.
This includes "$10 toward a movie ticket each month – any movie,
any showtime, any format."
Customers see these ads and purchase Fandango FanClub memberships
believing that they will receive these $10 monthly credits, which
can be used for "any movie" at "any showtime" in the future. In
truth, however, the credits expire 30 days after issuance. So,
customers cannot use the $10 credits they receive each month for
"any movie" at "any showtime" in the future. They can only use them
for movies playing within the next 30 days after the credits are
issued. Fandango's ads are misleading. In addition, by selling
credits that expire 30 days after they issue, Fandango violates
California's Gift Card Law, which prohibits expiring gift
certificates such as Fandango's movie credits.
When Plaintiff bought the membership, Fandango advertised that the
membership included "$10 toward a movie ticket each month – any
movie, any showtime, any format." The credits Plaintiff received as
part of his membership, however, expired 30 days after issuance.
And, his credit did expire before he could use it, says the
complaint.
The Plaintiff purchased a 3-month Fandango FanClub membership.
Fandango Media, LLC is an online company that sells movie tickets
and streaming content.[BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Vivek Kothari, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Phone: (310) 656-7066
Facsimile: (310) 656-7069
Email: christin@dovel.com
vivek@dovel.com
FARIS PROPERTIES: Powell Sues Over Unpaid Overtime, Retaliation
---------------------------------------------------------------
BILLY D. POWELL, individually and on behalf of himself and all
other similarly situated, Plaintiff v. FARIS PROPERTIES, LLC, D/B/A
MCDONALDS RESTAURANTS, Defendant, Case No. 3:25-cv-00154 (E.D.
Tenn., April 14, 2025) seeks to recover overtime compensation and
retaliatory damages owed to Plaintiff and other similarly situated
current and former hourly-paid employees of Defendant under the
Fair Labor Standards Act.
The Plaintiff asserts that the Defendant failed to pay him and
those similarly situated the applicable FLSA overtime compensation
rates of pay owed them within weekly pay periods for such unpaid
"off the clock" work time. Moreover, he was unlawfully discharged
from his employment in retaliation for complaining to Defendant
about not being compensated for his "off the clock" compensable
time, says the Plaintiff.
Plaintiff Powell has been employed by Defendant as an hourly-paid
employee within this district during the applicable statutory
limitations period of this action.
Faris Properties, LLC owns and operates 60 McDonald's franchised
restaurants in Tennessee, Kentucky, and Virginia.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
Joshua Autry, Esq.
JACKSON, SHIELDS, HOLT, OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
jautry@jsyc.com
FARMER JON'S: Popcorn Does Not Contain Butter, Corless Alleges
--------------------------------------------------------------
KIMBERLY CORLESS and JASON GOLDSTEIN, individually and on behalf of
all others similarly situated v. FARMER JON'S POPCORN, LLC, Case
No. 1:25-cv-03304 (S.D.N.Y., April 21, 2025) is a putative class
action against the Defendant for its false and misleading
advertising of its Farmer Jon's popcorn products featuring the
prominent misrepresentation that they contain butter, when they do
not, which is deceptive and misleading to reasonable consumers
According to the complaint, the Defendant prominently misrepresents
to consumers in large, black bolded print on the front label of its
product packaging that its Butter Popcorn Products contain
"Butter." Defendant's use of the term "Butter" is designed to
induce consumers to pay a premium price and buy the Butter Popcorn
Products.
In reality, however, Defendant's Butter Popcorn Products contain no
butter at all. Indeed, in conflict with Defendant's explicit
labeling, the miniscule ingredient list displayed on the back of
the packaging discloses that the Butter Popcorn Products contain
four ingredients: popcorn, corn oil, popcorn salt and beta
carotene—but no butter, says the suit.
Through false, misleading and deceptive advertisements, Defendant
violated New York, Florida and the common law by representing that
its Butter Popcorn Products contain butter when they do not.
Specifically, Plaintiffs assert claims for relief and restitution
under New York's Consumer Protection from Deceptive Acts and
Practices statutes, N.Y. Gen. Bus. Law as well as Florida's
Deceptive and Unfair Trade Practices Act, the suit asserts.
Farmer Jon's is a limited liability company organized under the
laws of the State of New York with its corporate office located in
Rochester, New York. [BN]
The Plaintiff is represented by:
Sarah M. Levine, Esq.
Jeffrey D. Kaliel, Esq.
Sophia G. Gold, Esq.
KALIELGOLD PLLC
1100 15th Street, NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 350-4783
E-mail: slevine@kalielgold.com
jkaliel@kalielpllc.com
sgold@kalielgold.com
FCA US: Mack Suit Seeks to Certify New York Class
-------------------------------------------------
In the class action lawsuit captioned as JANELLA MACK and JOHN
LYND, on behalf of themselves and all others similarly situated, v.
FCA US LLC, Case No. 2:24-cv-02990-SJB-SIL (E.D.N.Y.), the
Plaintiffs ask the Court to enter an order:
a. altering or amending the class definition pursuant to Fed.
R. Civ. P. 23(c)(1)(C); and
b. certifying the proposed New York Class pursuant to
Fed. R. Civ. P. 23(a)(1)- (4) and (b)(3) consisting of:
"All persons or entities who purchased or leased a "Class
Vehicle" between Jan. 1, 2011 until April 22, 2016 in New
York."
Excluded from the class would be: (i) FCA; (ii) any entity
in which FCA has a controlling interest; (iii) FCA's
officers, directors, and employees; (iv) FCA's legal
representatives, successors, and assigns; (v) governmental
entities; (vi) this Court; and (vii) every person who has
brought a claim against FCA US LLC alleging recovery for
bodily injuries caused by the Class Vehicles under any legal
theory; and
c. appointing E. Powell Miller of the Miller Law Firm, P.C. and
Steve W. Berman of Hagens Berman Sobol Shapiro, LLP as Co-
lead Counsel and Chairs of the Plaintiffs' Steering
Committee; and
d. appointing Joseph Meltzer, Gregory Coleman, Daniel
Gustafson, and Robert Shelquist as members of the
Plaintiffs' Steering Committee; and
e. appointing Janella Mack and John Lynd as class
representatives pursuant to Fed. R. Civ. P. 23(g) with
opposition papers to be filed by March 17, 2025, and reply
papers to be filed by March 31, 2025.
The Plaintiffs seek certification of the New York Class for claims
of: Count LXVIII (Violations of New York General Business Law
section 349) and Count LXIX (Violations of New York General
Business Law section 350).
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Plaintiffs' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=L05QOs at no extra
charge.[CC]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
Facsimile: (248) 652-2852
E-mail: epm@millerlawpc.com
dal@millerlawpc.com
- and -
Steve W. Berman, Esq.
Christopher R. Pitoun, Esq.
HAGENS BERMAN SOBOL
SHAPIRO LLP
1301 Second Ave., Ste. 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
christopherp@hbsslaw.com
- and -
Joseph H. Meltzer, Esq.
Melissa Yeates, Esq.
Tyler S. Graden, Esq.
KESSLER TOPAZ
MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
Facsimile: (610) 667-7056
E-mail: jmeltzer@ktmc.com
myeates@ktmc.com
tgraden@ktmc.com
- and -
Daniel E. Gustafson, Esq.
Jason S. Kilene, Esq.
David A. Goodwin, Esq.
GUSTAFSON GULEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
jkilene@gustafsongluek.com
dgoodwin@gustafsongluek.com
- and -
Robert K. Shelquist, Esq.
Rebecca A. Peterson, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: rkshelquist@loclaw.com
rapeterson@locklaw.com
- and -
Gregory F. Coleman, Esq.
Mark E. Silvey, Esq.
Adam E. Edwards, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
E-mail: gcoleman@milberg.com
msilvey@milberg.com
aedwards@milberg.com
- and -
D. Greg Blankinship, Esq.
Jeremiah Frei-Pearson, Esq.
FINKELSTEIN, BLANKINSHIP, FREIPEARSON & GARBER, LLP
445 Hamilton Avenue, Suite 605
White Plains, NY 10601
Telephone: (914) 298-3281
Facsimile: (914) 824-1561
E-mail: gblankinship@fbfglaw.com
jfrei-pearson@fbfglaw.com
FISKARS BRANDS: Parties Must Confer Class Cert Deadlines
--------------------------------------------------------
In the class action lawsuit captioned as Brock v. Fiskars Brands,
Inc., Case No. 6:25-cv-00645 (M.D. Fla., Filed April 11, 2025), the
Hon. Judge Paul G. Byron entered an endorsed order directing the
parties to confer regarding deadlines pertinent to a motion for
class certification and advise the Court of agreeable deadlines in
their case management report.
The deadlines should include a deadline for (1) disclosure of
expert reports - class action, plaintiff and defendant; (2)
discovery - class action; (3) motion for class certification; (4)
response to motion for class certification; and (5) reply to motion
for class certification
The nature of suit states torts -- personal property -- other
fraud.
Fiskars is a Finnish consumer goods company founded in 1649 in
Fiskars, a locality in the town of Raseborg, Finland, about 100
kilometers west of Helsinki.[CC]
FLORIDA: Anderson Suit Seeks More Time to File Class Cert Bid
-------------------------------------------------------------
In the class action lawsuit captioned as KARIMA ANDERSON, ANDREW
BECKER, SHANNA BROWN, WAYNE NEWELL, REZA KUSANI, STUART REESE,
ROBIN REESE, ZACK THOMPSON, and VICTOR KHOURY, v. FLORIDA
DEPARTMENT OF COMMERCE (FDOC) and J. ALEX KELLY, in his official
capacity as Florida Secretary of Commerce, Case No.
4:25-cv-00016-AW-MAF (N.D. Fla.), the Plaintiffs ask the Court to
enter an order extending the deadline for filing their motion for
class certification 45 days to May 29, 2025.
The 90-day deadline to file a motion to certify the class is
Monday, April 14, 2025. In light of the recent waiver of service
and due to the press of business in other matters of counsel for
both sides, the Parties jointly stipulated to a 45-day extension of
time to file a motion for class certification.
The Plaintiffs filed a putative class action lawsuit in this Court
raising claims under Title VI of the Civil Rights Act of 1964 and
the Equal Protection Clause of the Fourteenth Amendment in
connection with the Defendants' administration of the Florida
Homeowner Assistance Fund.
The Defendants agreed to waive service, and Plaintiffs filed the
waiver of service form on April 11, 2025.
Florida Department of Commerce is a state agency responsible for
community, economic, and workforce development in Florida.
A copy of the Plaintiffs' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QdwW4A at no extra
charge.[CC]
The Plaintiffs are represented by:
William T. Thompson, Esq.
Jonathan F. Cohn, Esq.
Jared B. Magnuson, Esq.
Mark M. Rothrock, Esq.
LEHOTSKY KELLER COHN LLP
408 W. 11th Street, 5th Floor
Austin, TX 78701
Telephone: (512) 693-8350
E-mail: will@lkcfirm.com
jon@lkcfirm.com
jared@lkcfirm.com
mark@lkcfirm.com
FORD MOTOR: Class Cert Bid Filing Modified to August 11
-------------------------------------------------------
In the class action lawsuit captioned as MARGARET BARNES, ERIC
SENKYRIK, MICHAEL HOGAN, SHARON JACKSON, SCOTT KAHLER, and MARK
PANNULLO individually and on behalf of all others similarly
situated, v. FORD MOTOR COMPANY, Case No. 2:22-cv-06147-AB-AGR
(C.D. Cal.), the Hon. Judge Andre Birotte Jr. entered an order
approving the Parties' stipulation and modifying the scheduling
order as follows:
Event New Deadline
Close of fact discovery: June 13, 2025
Motion for Class Certification and Aug. 11, 2025
expert reports:
Opposition to motion for class Oct. 7, 2025
certification, expert reports:
Reply brief re: Motion for Class Dec. 1, 2025
Certification:
Close of Expert Discovery: Jan. 13, 2026
Last Date to Hear Motions: Feb. 27, 2026
Deadline to Complete Settlement Feb. 27, 2026
Conference:
Ford is an American multinational automaker.
A copy of the Court's order dated April 11, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=IszMNW at no extra
charge.[CC]
FRANKLIN COUNTY, OH: Seeks More Time to File Class Cert Response
----------------------------------------------------------------
In the class action lawsuit captioned as TREY SMITH-JOURNIGAN,
Individually and on behalf of a Class of others similarly situated,
et al., v. FRANKLIN COUNTY, OHIO, Case No. 2:18-cv-00328-MHW-CMV
(S.D. Ohio), the Defendant asks the Court to enter an order
granting it an additional 30 days, until May 16, 2025,
within which to file its response to the Plaintiffs' renewed motion
to certify class.
Franklin County is a county in the U.S. state of Ohio.
A copy of the Defendant's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OvaZGs at no extra
charge.[CC]
The Defendant is represented by:
Aaron M. Glasgow, Esq.
Michael S. Loughry, Esq.
Scott O. Sheets, Esq.
ISAAC WILES & BURKHOLDER, LLC
Two Miranova Place, Suite 700
Columbus, OH 43215
Telephone: (614) 221-2121
Facsimile: (614) 365-9516
E-mail: aglasgow@isaacwiles.com
mloughry@isaacwiles.com
ssheets@isaacwiles.com
- and -
Amy L. Hiers, Esq.
Jesse W. Armstrong, Esq.
FRANKLIN COUNTY PROSECUTOR'S OFFICE
373 South High Street, 13th Floor
Columbus, OH 43215-6318
Telephone: (614) 525-3520
Facsimile: (614) 525-6013
E-mail: ahiers@frankincountyohio.gov
jarmstrong@franklincountyohio.gov
FUTURE FINTECH: Continues to Defend "LaBelle" Suit
--------------------------------------------------
The LaBelle case is a putative securities class action filed in
January 2024 and is pending in the District of New Jersey.
Denise LaBelle alleges that the Company and certain of its officers
violated Sections 10(b) and 20(a) of the Securities Exchange Act by
making materially false or misleading statements in the company's
public filings and disclosures relating to the former Chief
Executive Officer of Future FinTech Group Inc. Mr. Shanchun Huang
and charges filed by the SEC against Mr. Shanchun Huang with
manipulative trading in the stock of the Company using an offshore
account shortly before he became the Company's CEO in 2020 and
failing to disclose his beneficial ownership.
Mr. Huang has denied the allegations of trading before he became
CEO. Plaintiff claims that these alleged misstatements caused the
Company's stock to trade at artificially inflated prices, harming
investors when the truth was revealed. The lead plaintiff and lead
counsel were appointed in September 2024. The Company was served
in September 2024, and the Plaintiff is currently seeking
substituted service on the individual defendants. Once service is
resolved, the Plaintiff is expected to file an amended complaint,
which the Company and other defendants intend to move to dismiss,
the Company disclosed in a Form 10-K report for the fiscal year
ended December 31, 2024, filed with the U.S. Securities and
Exchange Commission.
About Future FinTech Group
New York, N.Y.-based Future FinTech Group Inc. is a holding
company
incorporated under the laws of the State of Florida. The Company
historically engaged in the production and sale of fruit juice
concentrates (including fruit purees and fruit juices) and fruit
beverages (including fruit juice beverages and fruit cider
beverages) in the PRC. Due to drastically increased production
costs and tightened environmental laws in China, the Company
transformed its business from fruit juice manufacturing and
distribution to financial technology-related service businesses.
The main business of the Company includes supply chain financing
services and trading in China, asset management business in Hong
Kong, and cross-border money transfer service in the UK.
Orange, Calif.-based Fortune CPA, Inc., the Company's auditor
since
2023, issued a "going concern" qualification in its report dated
April 16, 2024, citing that the Company has suffered losses from
operations, which raise substantial doubt about its ability to
continue as a going concern.
As of Sept. 30, 2024, Future FinTech Group had $53.40 million in
total assets, $17.65 million in total liabilities, and $35.75
million in total stockholders' equity.
G & S PIZZA: Court Certifies Schilling Collective Action
--------------------------------------------------------
In the class action lawsuit captioned as JALYN SCHILLING,
Individually and on Behalf of All Others Similarly Situated, v. G &
S PIZZA, INC., Case No. 3:22-cv-00410-jdp (W.D. Wis.), the Hon.
Judge James Peterson entered an order granting the Plaintiff's
motion for final approval of class action, as follows
(1) Finally certifies the collective action pursuant to Section
216(b) of the Fair Labor Standards Act (FLSA) and the class
action pursuant to Federal Rule of Civil Procedure 23 for
settlement purposes only;
(2) Grants the motion for the final approval of the Agreement,
and finds its terms to be fair, reasonable, and adequate,
except as those terms are inconsistent with this order;
(3) Approves distribution on less than $1,136.85 to the FLSA
collective to be divided in accordance with each member's
pro-rata share;
(4) Approves distribution of no less than $1,695 to be divided
equally among the state-law class members;
(5) Approves a service award payment in amount of $1,000 to
Jalyn Schilling;
(6) Approves payment of no more than $6,500 to the settlement
claims administrator;
(7) approves $10,000 in attorney fees and costs to class
counsel;
(8) Dismisses the case with prejudice;
(9) Directs the clerk of court to enter judgement and close the
case.
G&S Pizza is a family-owned restaurant offering a variety of
pizzas, subs, and specialty items.
A copy of the Court's order dated April 11, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j8RPhA at no extra
charge.[CC]
GEICO GENERAL: Bid to Compel Appraisal Denied
---------------------------------------------
In the class action lawsuit captioned as JOHN MARCELLETTI, on
behalf of himself and all others similarly situated, v. GEICO
GENERAL INSURANCE COMPANY, Case No. 6:23-cv-06211-EAW-CDH
(W.D.N.Y.), the Hon. Judge Colleen Holland entered an order denying
the Defendant's motion to compel appraisal.
Because the Court's decision is based on timeliness and procedural
grounds, it need not and does not reach any of the other issues
raised by the parties in their motion papers.
Because the Plaintiff filed proof of loss on or before Oct. 11,
2019, any future demand for appraisal by the Defendant will be
untimely, and its motion to compel appraisal must be denied.
The Plaintiff was involved in an accident while driving a leased
vehicle that was insured under a policy issued by GEICO. The
Plaintiff subsequently filed a claim, and his vehicle was
determined to be a total loss.
The Plaintiff asserts that GEICO breached its policy with Plaintiff
and other members of the putative class by failing to pay sales tax
as part of the ACV for total loss vehicles.
The Plaintiff filed his claim with GEICO on Sept. 27, 2019, and
GEICO issued payment to the Plaintiff's leaseholder to settle the
Plaintiff's claim on Oct. 11, 2019.
GEICO offers a variety of additional insurance such as life,
umbrella, travel, overseas, pet, and more.
A copy of the Court's decision and order dated April 11, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=q6qw6F
at no extra charge.[CC]
GENESYS CLOUD: Illegally Intercepts Communications, Suit Alleges
----------------------------------------------------------------
PLAINTIFF A.B., PLAINTIFF C.D., and PLAINTIFF E.F., individually
and on behalf of all others similarly situated v. GENESYS CLOUD
SERVICES, INC., Case No. 3:25-cv-03276 (N.D. Cal., April 11, 2025)
is a class action suit about Genesys's far-reaching violation of
California Invasion of Privacy Act.
According to the complaint, Genesys is liable to the Plaintiffs and
those similarly situated under CIPA for illegally intercepting and
reading their communications without consent. Genesys's powerful
suite of products record and analyze customer interactions using
artificial intelligence (AI) in real time. As a result, businesses
can outsource routine tasks like call-routing and customer intake
to Genesys' AI-bot. Genesys boasts that is able to overhear,
record, and analyze "100% of interactions" between companies and
their customers, says the suit.
Genesys's powerful technologies come at a steep cost to individual
privacy. When customers use an organization's chat or call features
powered by Genesys, there's no indication that they are not only
interacting with the organization, but also an undisclosed third
party -- Genesys.
Genesys also fails to alert customers that during these
interactions, it is recording their calls, texts, and chats, and
analyzing and using their information for its own purposes. As a
result, Genesys regularly intercepts, records, and uses
communications without consent, the suit alleges.
The Plaintiffs bring this action and seek all civil remedies,
including compensatory, statutory, and punitive damages, injunctive
relief, and attorneys' fees and costs.
Genesys is technology company that provides recording and
monitoring services for businesses' client-facing communications.
Genesys's services are used by many organizations to manage voice
and text-based interactions with clients.[BN]
The Plaintiff is represented by:
Bryan Weir, Esq.
CONSOVOY MCCARTHY PLLC
1600 Wilson Boulevard, Ste. 700
Arlington, VA 22209
Telephone: (703) 243-9423
Facsimile: (703) 243-8696
E-mail: bryan@consovoymccarthy.com
GIANNELLA'S MODERN: Alarcon Seeks to Certify Settlement Class
-------------------------------------------------------------
In the class action lawsuit captioned as MARIA SARAVIA ALARCON, on
behalf of herself and all others similarly situated, v. GIANNELLA'S
MODERN BAKERY LLC and JOHN IMPARATO, Case No. 2:23-cv-00447-JSA
(D.N.J.), the Plaintiff will move the Court for an order pursuant
to Rule 23 of the Federal Rules of Civil Procedure preliminarily
approving the Parties' settlement on a class basis.
Giannella's Modern is a bakery in Paterson, NJ known for its
high-quality freshly baked goods.
A copy of the Plaintiff's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BDoZLK at no extra
charge.[CC]
The Plaintiff is represented by:
Louis Pechman, Esq.
Galen C. Baynes, Esq.
Camille A. Sanchez, Esq.
PECHMAN LAW GROUP PLLC
488 Madison Avenue, 17th Floor
New York, NY 10022
Telephone: (212) 583-9500
E-mail: pechman@pechmanlaw.com
baynes@pechmanlaw.com
sanchez@pechmanlaw.com
GLANBIA PERFORMANCE: Banks Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Dezella Banks, individually and on behalf of
all others similarly situated v. GLANBIA PERFORMANCE NUTRITION
(NA), INC., a Florida corporation doing business in California;
WORLDPANTRY.COM, LLC, a Delaware Limited Liability Company doing
business in California and DOES 1 through 10, inclusive, Case No.
25STCV07670 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for the Central District of California on April 16, 2025, and
assigned Case No. 2:25-cv-03356.
In her Complaint, Plaintiff alleges that Defendants falsely and
misleadingly market seven specific think! brand products (the
"Products") as being nutritious food products when their erythritol
content supposedly causes health risks to consumers. The Complaint
asserts claims against Defendants for violation of California's
False Advertising Law and violation of California's Unfair
Competition Law.[BN]
The Defendants are represented by:
William P. Cole, Esq.
Matthew R. Orr, Esq.
AMIN WASSERMAN GURNANI, LLP
515 South Flower St., 18th Floor
Los Angeles, CA 90071
Phone: (213) 933-2330
Fax: (312) 884-7352
Email: wcole@awglaw.com
morr@awglaw.com
- and -
Manon Burns, Esq.
AMIN WASSERMAN GURNANI, LLP
230 W. Monroe Street, Suite 1405
Chicago, IL 60606
Phone: (312) 466-1033
Fax: (312) 884-7352
Email: mburns@awglaw.com
GOOGLE LLC: Faces Anderson Class Suit Over Retaliatory Termination
------------------------------------------------------------------
CHEYNE ANDERSON, JESUS CASTELLANO, HANNAH MIRZA, KATHLEEN O'BEIRNE,
SETH TAYLOR, WILLIAM VAN DER LAAR, MARK WESLEY DUDLEY, RACHEL
WESTRICK, JIAJUN XU, individually and on behalf of all others
similarly situated v. GOOGLE LLC, Case No. 5:25-cv-03268 (N.D.
Cal., April 11, 2025) is a class action suit to remedy the
retaliatory termination of the Plaintiffs' employment by Google for
their engaging in protected activity on April 16, 2024 at or around
Defendant's offices located in Sunnyvale, California and New York,
New York.
On April 16, 2024, the Plaintiffs participated in a Day of Action
at Google campuses in Sunnyvale, California and New York, New York.
The Action was organized by a group of technology industry workers,
including Google employees, called No Tech for Apartheid. The
Plaintiffs participated in the Action in part to oppose Google's
discrimination and discriminatory harassment against Palestinian,
Arab, and Muslim Google employees, the suit says.
Plaintiffs Cheyne Anderson, Hannah Mirza, Kathleen O'Beirne,
William Van Der Laar, Mark Wesley Dudley, Rachel Westrick, and
Jiajun Xu and other Class Members participated in the April 16
Action taking place in and around the "MP4" building, a Google
office at 1190 Bordeaux Drive in Sunnyvale, California.
The Action in NYC occurred on the 10th floor "Commons" area in
Google's office building at 111 8th Avenue, New York, NY. The
Commons is a three-floor open area, spanning the 8th through 10th
floors.
Google is in the business of marketing, selling, developing, and
providing technology, search and advertising, internet services,
software and operating systems, and enterprise and hardware
products.[BN]
The Plaintiffs are represented by:
Aleksandr L. Felstiner, Esq.
LEVY RATNER, P.C.
80 Eighth Avenue
New York, NY 10011
Telephone: (212) 627-8100
Facsimile: (212) 627-8182
E-mail: afelstiner@levyratner.com
GREDE HOLDINGS: Fails to Protect Personal Info, McCorvey Says
-------------------------------------------------------------
CALVIN MCCORVEY, individually and on behalf of all others similarly
situated, Plaintiff v. GREDE HOLDINGS LLC, Defendant, Case No.
2:25-cv-11069-SJM-APP (E.D. Mich., April 14, 2025) is a class
action seeking to hold Defendant responsible for disclosing
Plaintiff's and thousands of similarly situated employees'
sensitive, confidential personally identifiable information to
cybercriminals in a foreseeable, preventable data breach.
From January 27-28, 2025, hackers targeted and accessed Defendant's
network servers without authorization and stole Plaintiff's and
Class Members' sensitive, confidential PII stored therein,
including, upon information and belief, full names, dates of birth,
Social Security numbers, driver's license or state identification
numbers, medical information, health insurance information, and
other sensitive data, causing widespread injuries to Plaintiff and
Class Members.
According to the complaint, the Defendant failed to adequately
protect Plaintiff's and Class Members' private information, and
failed to even encrypt or redact this highly sensitive data. This
unencrypted, unredacted Private Information was compromised due to
Defendant's negligent and/or careless acts and omissions and its
utter failure to protect its students' sensitive data.
To recover from Defendant for these harms, Plaintiff, on his own
behalf and on behalf of the Class, brings claims for
negligence/negligence per se, breach of implied contract, breach of
fiduciary duty, and unjust enrichment, to address Defendant's
inadequate safeguarding of Plaintiff's and Class Members' private
information in its care.
Grede Holdings LLC is a component parts manufacturer specializing
in ductile, gray, and specialty iron castings.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
GROUPON INC: Faces Ingber Suit Ove Fraudulent Voucher Sale
----------------------------------------------------------
ALIZA INGBER, individually and on behalf of all others similarly
situated v. GROUPON, INC., a Delaware corporation and DOES 1
through 10, inclusive, Case No. 2:25-cv-02880-MAA (C.D. Cal., April
2, 2025) is a class action against Groupon for allegedly engaging
in unfair, unlawful, and fraudulent business practices in
connection with the sale of vouchers for entertainment and
attraction tickets.
The Plaintiff and Class Members purchased vouchers from Groupon's
marketplace for admission to theme parks and attractions, including
Universal Studios Hollywood. However, due to Groupon's defective
platform design, the Plaintiff and Class Members were unable to
redeem their vouchers when they attempted to use them, asserts the
suit.
Specifically, Groupon's platform has a critical design flaw that
allows consumers to open vouchers only one time. If the voucher
fails to display properly during that single opportunity, consumers
have no recourse to retrieve their voucher and are unable to access
the tickets they purchased, the suit adds.
Groupon operates an e-commerce marketplace that connects
subscribers with local merchants by offering goods and services at
a discount.
Groupon markets itself as offering "the best deals" that allow
consumers to "discover local experiences" while saving money. [BN]
The Plaintiff is represented by:
Jason M. Ingber, Esq.
INGBER LAW GROUP
3580 Wilshire Blvd., Suite 1260
Los Angeles, CA 90010
Telephone: (213) 805-8373
E-mail: ji@jasoningber.com
HARRY'S INC: Thorne Suit Seeks Blind's Equal Access to Online Store
-------------------------------------------------------------------
BRAULIO THORNE, individually and on behalf of all others similarly
situated, Plaintiff v. HARRY'S, INC., Defendant, Case No.
1:25-cv-02953 (S.D.N.Y., April 9, 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.harrys.com/en/, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of their
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include but
not limited to: lack of alternative text (alt-text), empty links
that contain no text, redundant links, and linked images missing
alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Harry's, Inc. is a company that sells online goods and services in
New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Michael@Gottlieb.legal
Dana@Gottlieb.legal
HESS CORP: Wagner Seeks Class Certification
-------------------------------------------
In the class action lawsuit captioned as JOSHUA WAGNER,
individually and on behalf of the HESS CORPORATION EMPLOYEES'
SAVINGS PLAN, and all others similarly situated, v. HESS
CORPORATION and HESS CORPORATION INVESTMENT COMMITTEE, Case No.
6:24-cv-00004-H (N.D. Tex.), the Plaintiff asks the Court to enter
an order granting motion for class certification and appointing
class counsel.
The Plaintiff, on behalf of himself and all others similarly
situated as participants in the Hess Corporation Employees’
Savings Plan, moves under Federal Rule of Civil Procedure 23,
Northern District of Texas Local Rule 23.2, and this Court’s
Scheduling Order for class certification and appointment of class
counsel.
The Plaintiff requests that the Court certify the following class:
"All participants and beneficiaries of the Hess Corporation
Employees' Savings Plan from Feb. 12, 2018, through the date
of judgment, with the exception of Plan fiduciaries, their
beneficiaries, and their families."
The Plaintiff further requests that the Court appoint the
Plaintiff's counsel as class counsel under Federal Rule of Civil
Procedure 23(g).
The Plaintiff alleges that Defendants, "as fiduciaries of the Plan,
breached the duties they owed to the plan . . . by failing to
adequately monitor and control fees, expenses, and costs" that the
Plan incurred.
The Plaintiff is a former employee of Defendant Hess Corporation
and was a participant in the Plan during the class period.
Hess Corporation is an American global independent energy company
involved in the exploration and production of crude oil and natural
gas.
A copy of the Plaintiff's motion dated April 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=o2RdO1 at no extra
charge.[CC]
The Plaintiff is represented by:
Boyd A. Byers, Esq.
Teresa Shulda, Esq.
Samuel J. Walenz, Esq.
Scott Nehrbass, Esq.
Rachel N. Gonzales, Esq.
FOULSTON SIEFKIN LLP
1551 N. Waterfront Parkway, Suite 100
Wichita, KS 67206
Telephone: (316) 291-9716
Facsimile: (316) 771-6011
E-mail: bbyers@foulston.com
tshulda@foulston.com
swalenz@foulston.com
snehrbass@foulston.com
rgonzales@foulston.com
- and -
Andrew C. Whitaker, Esq.
Parker D. Young, Esq.
FIGARI + DAVENPORT, LLP
901 Main Street, Suite 3400
Dallas, TX 75202
Telephone: (214) 939-2000
Facsimile: (214) 939-2090
E-mail: andrew.whitaker@figdav.com
parker.young@figdav.com
HEWLETT-PACKARD CO: Settles False Advertising Class Suit for $4M
----------------------------------------------------------------
Michael Crider, writing for PC World, accounts that gosh, it's
getting hard to figure out the real price of stuff. And I'm not
even talking about the madness surrounding tariffs, taxes, and
international trade wars -- I mean that companies will just
straight-up lie about their real prices to make "discounts" look
good. That's what HP did, allegedly, and it's paying a cool $4
million to affected customers.
That's the end of a class-action lawsuit that started over four
years ago, when two American plaintiffs complained that HP
displayed "strike-through prices" on its store that weren't
actually real, thus inflating the discount that it looked like they
were receiving. According to the report on Ars Technica, the
plaintiffs allege that HP lied about how much quantity was
available, in the familiar "only one left at this price" sense.
I say allegedly, because this is a civil suit, not a criminal case
of false advertising, and HP has admitted no wrongdoing or
liability as a condition of the settlement. It's basically a $4
million "leave me alone" check. Though the plaintiffs did accuse HP
of violating the US FTC's deceptive pricing laws, it doesn't appear
that any actual law enforcement is involved. And it's not as if
these practices are isolated. The "FOMO" and time pressure sales
tactic is omnipresent online, new variations of sales techniques
that I remember from the infomercial days and before.
One personal bugbear of mine is a little company called Lenovo, the
largest seller of laptops on the planet by volume. Whenever it
announces a new ThinkPad model I truly, genuinely don't know how
much it costs, despite covering its products for over a decade.
This is because the "manufacturer's suggested retail price" often
has zero relationship to the price that actually appears on
Lenovo's own shop and third-party sellers. It's madenning. That's
why you should look very closely at any deal that claims a Lenovo
laptop is $1000+ off.
But back to HP. You're eligible to join the class-action settlement
if you bought a laptop, desktop, mouse or keyboard from HP's US
online store, and it was marked as "on sale" for more than 75
percent of the time between June 5th, 2021 and October 28th, 2024.
Products include generic HP, Envy, Spectre, Pavilion, AllinOne,
Chromebook, Chromebase, Slim, Victus, and Omen lines, with very
specific product numbers. You can get $10-100 back if your purchase
qualifies.
For reference, HP posted 56.3 billion dollars in revenue in 2024.
[GN]
HOFFER LLC: Knoche Files TCPA Suit in M.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against Hoffer LLC. The case
is styled as Norman Knoche, individually and on behalf of all
others similarly situated v. Hoffer LLC, Case No. 2:25-cv-00314
(M.D. Fla., April 16, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Hoffer LLC -- https://hoffergroup.com/ -- are the premier source
for economic consulting, research, and education in western
Wisconsin.[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
IFCO SYSTEMS: DeAnda-Zavala Labor Suit Removed to E.D. Calif.
-------------------------------------------------------------
The case styled JOSHUA DEANDA-ZAVALA, individually and on behalf of
all others similarly situated v. IFCO SYSTEMS US, LLC, MTNA, INC.,
PEOPLEREADY, INC., TRUEBLUE, INC., and DOES 1-100, inclusive, Case
No. 25CECG00957, was removed from the Superior Court of the State
of California for the County of Fresno to the United States
District Court for the Eastern District of California on April 9,
2025.
The Clerk of Court for the Eastern District of California assigned
Case No. 1:25-at-00285 to the proceeding.
The Plaintiff brings this class action against the Defendants for
violations of California Labor Code and California's Business and
Professions Code unpaid minimum wages, unpaid overtime wages,
failure to provide meal periods or compensation in lieu thereof,
failure to provide rest periods or compensation in lieu thereof,
failure to furnish accurate itemized wage statements, failure to
timely pay all wages due upon separation of employment, failure to
reimburse business expenses, and unfair competition.
IFCO Systems US, LLC is a producer of reusable plastic container
products based in Florida.
MTNA, Inc. is an innovative solutions provider based in
California.
PeopleReady, Inc. is a staffing company based in Washington.
TrueBlue, Inc. is an employment agency company based in Washington.
[BN]
The Defendants are represented by:
David R. Ongaro, Esq.
Cara R. Sherman, Esq.
Christine Lee, Esq.
ONGARO PC
1604 Union Street
San Francisco, CA 94123
Telephone: (415) 433-3900
Facsimile: (415) 433-3950
Email: dongaro@ongaropc.com
csherman@ongaropc.com
clee@ongaropc.com
INDIAN RIVER: Faus Sues Over Illegal Giving of Failing Grades
-------------------------------------------------------------
Kristen Faus, on behalf of her minor daughter E.F., Betsy Eiss, on
behalf of her minor daughter J.E., and all others similarly
situated; v. Indian River Central School District (IRCSD); Indian
River Central School District Board of Education; Troy Decker;
Angela Green; Meghan Caddick, Case No. 5:25-cv-00453-DNH-ML
(N.D.N.Y., April 11, 2025) is class action lawsuit to stop IRCSD
from illegally giving failing grades to middle school students who
cannot participate in swim class while menstruating.
Accordingly, students at Indian River Middle School have mandatory
swim classes as part of their physical education instruction. When
students are menstruating during swim class and are uncomfortable
using a period product that allows them to enter the water, they
sit on a bench next to the pool, watch their peers swim, and
receive a zero grade for the day, asserts the suit.
No alternative activity is provided, nor are they excused. They are
failed because they have their period. The discrimination that
these students face regularly at IRMS fills them with shame and
humiliation, since they are stigmatized for having their period,
the suit contends.
IRCSD is a public school district in New York State. IRMS is a
school in the District.
The IRCSD Board is a public education corporation governing IRCSD
pursuant to the laws of New York State.[BN]
The Plaintiffs are represented by:
Kyla Magun, Esq.
Alanna Kaufman, Esq.
KAUFMAN LIEB LEBOWITZ &
FRICK LLP
18 East 48th Street, Suite 802
New York, NY 10017
Telephone: (212) 660-2332
INSPIRATO INC: Faces Koch Shareholder Suit over SEC Filing
----------------------------------------------------------
Inspirato Incorporated disclosed in its Form 10-Q for the fiscal
year ended December 31, 2024, filed with the Securities and
Exchange Commission on March 21, 2025, that a class action lawsuit
filed in the U.S. District Court in the District of Colorado on
February 16, 2023 captioned "Keith Koch, individually and on behalf
of all others similarly situated v. Inspirato Incorporated, Brent
Handler, and R. Webster Neighbor" is currently ongoing.
The complaint alleges violations the Exchange Act against the
individual defendants. The complaint generally alleges that certain
of the company's prior public statements about its results of
operations and financial condition were materially false and
misleading because they misrepresented and failed to disclose
adverse facts pertaining to the restatement of the company's
consolidated financial statements as of and for the quarterly
periods ended March 31, 2022 and June 30, 2022. On July 16, 2024,
the magistrate recommended the case be dismissed and the plaintiff
filed a motion objecting to these recommendations on July 30, 2024.
The company responded to these objections and on September 23,
2024, the court granted the motion to dismiss the lawsuit without
prejudice. On October 23, 2024, plaintiff filed an amended motion
for the court's review and on November 6, 2024, the plaintiff filed
a second amended complaint. The company then filed a motion to
dismiss the second amended complaint on December 11, 2024.
Inspirato Incorporated and its subsidiaries is a subscription-based
luxury travel company that provides exclusive access to branded
luxury vacation homes, accommodations at five-star hotel and resort
partners, and custom travel experiences.
INTER-CON SECURITY: Rivera Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Inter-Con Security
Systems, Inc. The case is styled as Ana Rivera, an individual, and
on behalf of herself and others similarly situated v. Inter-Con
Security Systems, Inc., Case No. 25STCV11251 (Cal. Super. Ct., Los
Angeles Cty., April 16, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Inter-Con Security Systems, Inc. -- https://www.icsecurity.com/ --
is a US-based multinational security services company headquartered
in Pasadena, California.[BN]
The Plaintiff is represented by:
Jose Garay, Esq.
JOSE GARAY APLC
249 E Ocean Blvd., Ste. 814
Long Beach, CA 90802-4899
Phone: 949-208-3400
Fax: 562-590-8400
Email: jose@garaylaw.com
INTRASYSTEMS LLC: O'Dell Suit Transferred to W.D. Pennsylvania
--------------------------------------------------------------
The case captioned as Linda O'Dell, individually and on behalf of
all others similarly situated v. INTRASYSTEMS, LLC, ALLEGHENY
HEALTH NETWORK, Case No. 1:25-cv-10491 was transferred from the
U.S. District Court for the District of Massachusetts, to the U.S.
District Court for the Western District of Pennsylvania on April
15, 2025.
The District Court Clerk assigned Case No. 2:25-cv-00519-NR to the
proceeding.
The nature of suit is stated as Other Contract.
INTRASYSTEMS -- https://www.intrasystems.com/ -- provides a wide
range of comprehensive services for the full lifecycle of IT
projects subject to international standards.[BN]
The Plaintiff is represented by:
Edward F. Haber, Esq.
Ian J. McLoughlin, Esq.
Patrick J. Vallely, Esq.
SHAPIRO HABER & URMY LLP
One Boston Place, Suite 2600
Boston, MA 02108
Phone: (617) 439-3939
Fax: (617) 439-0134
Email: ehaber@shulaw.com
imcloughlin@shulaw.com
pvallely@shulaw.com
- and -
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union Street, Suite 200
San Francisco, CA 94123
Phone: (415) 788-4220
Fax: (415) 788-0161
Email: aschubert@sjk.law
The Defendants are represented by:
Jennifer R. O'Shea, Esq.
WINGET, SPADAFORA & SCHWARTZBERG, LLP
45 Broadway
New York, NY 10006
Phone: (617) 943-3919
Email: oshea.j@wssllp.com
JAMES KOUTOULAS: Plaintiffs Seek Approval of Class Notice Plan
--------------------------------------------------------------
In the class action lawsuit captioned as ERIC DE FORD, et al., v.
JAMES KOUTOULAS, et al., Case No. 6:22-cv-00652-PGB-DCI (M.D.
Fla.), the Plaintiffs ask the Court to enter an order granting
motion for approval of the proposed class notice plan.
In the Class Certification Order, the Court certified the following
class:
"All persons who, between Nov. 2, 2021, and Mar. 15, 2022,
purchased LGBCoin."
The Court excluded from the Class "Defendants; Defendants'
affiliates, agents, employees, officers, and directors; Plaintiffs'
counsel and Defendants' counsel; and Judge Byron, his staff, and
any member of his immediate family."
A copy of the Plaintiffs' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=m4uR7x at no extra
charge.[CC]
The Plaintiffs are represented by:
Aaron M. Zigler, Esq.
Mary Jane Fait, Esq.
Nidya S. Gutierrez, Esq.
ZIGLER LAW GROUP, LLC
308 S. Jefferson Street | Suite 333
Chicago, IL 60661
Telephone: (312) 673-8427
E-mail: aaron@ziglerlawgroup.com
maryjane@ziglerlawgroup.com
nidya@ziglerlawgroup.com
- and -
John T. Jasnoch, Esq.
Sean T. Masson, Esq.
Mollie Chadwick, Esq.
SCOTT+SCOTT
ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
E-mail: jjasnoch@scott-scott.com
smasson@scott-scott.com
mchadwich@scott-scott.com
JOSEPH'S COLLEGE: Fails to Secure Personal Info, Dyer Suit Says
---------------------------------------------------------------
JENNIFER DYER, individually and on behalf of others similarly
situated v. TRUSTEES OF ST. JOSEPH'S COLLEGE d/b/a SAINT JOSEPH’S
COLLEGE OF MAINE, Case No. 2:25-cv-00134-KFW (D. Maine, April 7,
2025) is a class action lawsuit on behalf of those similarly
situated to address the Defendant's inadequate safeguarding of
Class Members' personally identifiable information that Defendant
collected and maintained, and for failing to provide timely and
adequate notice to Plaintiff and other Class Members that their
information had been subject to the unauthorized access by an
unknown third party.
Accordingly, between December 15, 2023, and January 24, 2024, an
unknown and unauthorized criminal actor gained access to
Defendant's network and exfiltrated, at a minimum, names and Social
Security numbers.
As a result of the Data Breach, the Plaintiff and Class Members
suffered injury and ascertainable losses in the form of the present
and imminent threat of fraud and identity theft, loss of the
benefit of their bargain, out-of-pocket expenses, loss of value of
their time reasonably incurred to remedy or mitigate the effects of
the attack, and the loss of, and diminution in, value of their
personal information, says the suit.
In addition, the Plaintiff's and Class Members' sensitive PII --
which was entrusted to Defendant -- was compromised and unlawfully
accessed due to the Data Breach.[BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, Maine 04102
Telephone: (207) 804-6296
E-mail: david.edward.bauer@gmail.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
KEYSTONE REMODELING: Murch Directed to Conduct Class Certification
------------------------------------------------------------------
In the class action lawsuit captioned as Murch v. Keystone
Remodeling, Inc., Case No. 3:25-cv-00064 (D. Or., Filed Jan. 13,
2025), the Hon. Judge Jolie A. Russo entered an order that the
Plaintiff's motion is granted insofar as the Plaintiff shall have
90 days from the date of the Order to conduct class certification
and damages related discovery.
-- Any motion for class certification or default judgment must be
filed within 30 days of the completion of that discovery.
The Plaintiff initiated this putative class action in January 2025,
seeking statutory damages and injunctive relief pursuant to the
TCPA for defendant's unsolicited telemarketing calls to numbers on
the National Do Not Call Registry.
On March 11, 2025, default was entered against the Defendant. On
April 10, 2025, the plaintiff filed the present Motion to Commence
Discovery , in order to allow the plaintiff to obtain information
surrounding the proposed class (and potentially certification)
prior to seeking a default judgment.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Keystone remodeling is a family-owned and operated general
contractor company that specializes in complete outdoor remodeling
& renovation.[CC]
KRISTI NOEM: Parole Grantee Class Gets Certification
----------------------------------------------------
In the class action lawsuit captioned as SVITLANA DOE, et al., v.
KRISTI NOEM, in her official capacity as Secretary of Homeland
Security, et al., Case No. 1:25-cv-10495-IT (D. Mass.), the Hon.
Judge Indira Talwani entered an order granting class
certification:
"All individuals who have received a grant of parole that is
subject to the Termination of Parole Processes for Cubans,
Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611
(Mar. 25, 2025), rescinding individual grants of parole on a
categorical and en masse basis, except: (1) those individuals
who voluntarily left, and remain outside, the United States
prior to the issuance of that Notice; and (2) those
individuals who choose to opt out of the class in order to
seek relief in separate litigation."
The court also entered an order appointing Armando Doe, Ana Doe,
Carlos Doe, Andrea Doe, Lucia Doe, Miguel Doe, and Daniel Doe as
Class Representatives1 and John A. Freedman, Daniel B. Asimow, and
Laura Scott Shores of Arnold & Porter Kaye Scholer LLP, Karen C.
Tumlin of Justice Action Center, and Anwen Hughes of Human Rights
First as class counsel.
Accordingly, certification under Rule 23(b)(2) is appropriate.
The Rule 23(g) requirements are satisfied by the appointment of
class counsel.
A copy of the Court's order dated April 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2WJmcZ at no extra
charge.[CC]
KYNDRYL HOLDINGS: Rosen Law Probes Potential Securities Claims
--------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Kyndryl Holdings, Inc. (NYSE: KD) resulting from
allegations that Kyndryl may have issued materially misleading
business information to the investing public.
So What: If you purchased Kyndryl 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=38139 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On March 27, 2025, during market hours, Reuters
published an article entitled "Kyndryl shares slump after Gotham
City alleges it manipulated metrics." This article stated that
Kyndryl shares had fallen after "a research report from
short-seller Gotham City alleged the IT services provider has
manipulated certain financial metrics. Gotham City said Kyndryl
manipulated its reported adjusted EBITDA and adjusted free cash
flow to give the appearance of profits and cash flow while in
reality it generated losses and burned cash."
On this news, the price of Kyndryl Holdings stock fell 5% on March
27, 2025.
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]
LABORATORY SERVICES: Daniels Files Suit in W.D. Washington
----------------------------------------------------------
A class action lawsuit has been filed against Laboratory Services
Cooperative. The case is styled as Keyonna Daniels, on behalf of
herself and all others similarly situated v. Laboratory Services
Cooperative, Case No. 2:25-cv-00684 (W.D. Wash., April 16, 2025).
The nature of suit is stated as Other Personal Property.
Laboratory Services Cooperative is a cooperative organization
focused on providing laboratory services, often with a charitable
or scientific purpose, and operating on a centralized basis.[BN]
The Plaintiff appears pro se.
LARAMAX CORP: Castillo Sues to Recover Unpaid Overtime Wages
------------------------------------------------------------
Rorban J. Castillo, and other similarly situated individuals v.
Laramax Corp, and Miguel A. Alvarado, individually, Case No.
8:25-cv-00935 (M.D. Fla., April 15, 2025), is brought to recover
monetary damages for unpaid overtime wages and retaliatory
constructive discharge under United States laws the Fair Labor
Standards Act ("the FLSA").
While employed by Defendants, Plaintiff worked more than 40 hours
every week, but he was not paid for overtime hours. Plaintiff did
not clock in and out, but Defendants could track the number of days
and hours worked by Plaintiff and other similarly situated
individuals by texts. Defendants knew the hours worked by
Plaintiff. Therefore, Defendants willfully failed to pay Plaintiff
overtime wages at the rate of time and a half his regular rate for
every hour that he worked in excess of 40, in violation of the
FLSA, says the complaint.
The Plaintiff had duties as a janitor and cleaning employee,
cleaning offices.
Laramax is a commercial cleaning contractor serving the Pinellas
area.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
LATCH INC: Settlement in Brennan Suit Gets Initial OK
-----------------------------------------------------
Latch, Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2023, filed with the Securities and Exchange
Commission on March 21, 2025, that the United States District Court
for the Southern District of New York preliminarily approved the
settlement of an August 31, 2022 purported securities class action
complaint by an alleged stockholder of Latch stock captioned
"Brennan v. Latch, Inc, et al.," Case No. 1:22-cv-07473. Case was
filed on November 12, 2024. The company and lead plaintiff filed
with the court a settlement agreement pursuant to which the company
agreed to pay the settlement class in the amount of $1.95 million
in exchange for the dismissal of all claims against the defendants.
The court preliminarily approved the settlement on January 17,
2025, and a final hearing has been set for May 28, 2025. The
company paid the settlement amount in March 2025.
The complaint alleges that the company and certain of its former
officers violated Section 10(b) of the Exchange Act, Rule 10b-5
promulgated thereunder and Section 20(a) of the Exchange Act by
making false or misleading statements regarding its business,
operations and prospects. The complaint includes claims for
damages, including interest, and an award of reasonable costs and
attorneys' fees and expert fees to the putative class.
Latch is a technology company primarily serving the multifamily
rental home market segment of the smart building industry deploying
hardware and software technology to digitize otherwise manual
processes, including building and unit access and in-unit device
control.
LATCH INC: Settlement of Consolidated Securities Suit for Court Nod
-------------------------------------------------------------------
Latch, Inc. disclosed in its Form 10-K for the fiscal year ended
December 31, 2024, filed with the Securities and Exchange
Commission on March 21, 2025, that on December 2, 2024, the
defendants and lead plaintiffs of consolidated fiduciary lawsuit
"In re: TS Innovation Acquisitions (TSIA) Sponsor LLC Stockholder
Litigation," No. 2023-0509-LWW (Del. Ch.) filed with the court a
settlement pursuant to which the defendants agreed to pay the
settlement class in the amount of $29.75 million in exchange for
the dismissal of all claims against the defendants and the company.
While the settlement remains subject to approval by the court, in
accordance with the settlement agreement, the full settlement
amount of $29.75 million was paid in January 2025.
On May 10, 2023, alleged stockholders of Latch stock filed
purported class action complaints in the Court of Chancery of the
State of Delaware captioned "Subramanian v. TS Innovation
Acquisitions Sponsor, LLC, et al.," C.A. No. 2023-0514. On July 6,
2023, the court consolidated the lawsuits and appointed Phanindra
Kilari, Subash Subramanian, and Robert Garfield as co-lead
plaintiffs.
Suits allege that TSIA and certain of its former members and
directors breached their fiduciary duties by making false or
misleading statements in connection with the merger between Latch
and TSIA. They include claims for unjust enrichment, damages, and
an award of costs and attorneys' fees to the putative class.
Pursuant to the January 24, 2021 Merger Agreement between the
Sponsor and Legacy Latch, Latch has agreed to indemnify and hold
harmless, to the fullest extent permitted by law, TSIA and each of
its directors and officers (present and former) named as defendants
in the lawsuits against any costs or expenses, reasonable
attorneys' fees, losses, damages, or liabilities incurred in
connection with these actions.
Latch is a technology company primarily serving the multifamily
rental home market segment of the smart building industry deploying
hardware and software technology to digitize otherwise manual
processes, including building and unit access and in-unit device
control.
LEE UNIVERSITY: Fails to Secure Personal, Health Info, Goodine Says
-------------------------------------------------------------------
DENNIS GOODINE, individually and on behalf of all others similarly
situated v. LEE UNIVERSITY, Case No. 1:25-cv-00125 (E.D. Tenn.,
April 11, 2025) alleges the Lee University failed to properly
secure and safeguard the Plaintiff's and Class Members' protected
health information, personally identifiable information (PII), and
financial information stored within the Defendant's information
network.
Accordingly, the Defendant knew or should have known, that
Plaintiff and Class Members would use Defendant's services to store
and/or share sensitive data, including highly confidential PII and
financial information.
On March 2024, unauthorized third-party cybercriminals gained
access to the Plaintiff's and Class Members' PII and financial
information as hosted with Defendant, with the intent of engaging
in the misuse of the PII and financial information, including
marketing and selling Plaintiff's and Class Members' PII and
financial information. The total number of individuals who have had
their data exposed due to Defendant’s failure to implement
appropriate security safeguards is unknown at this time but is
estimated to be in the tens/hundreds of thousands based on the
Defendant's clientele.
PII generally incorporates information that can be used to
distinguish or trace an individual's identity, and is generally
defined to include certain identifiers that do not on their face
name an individual, but that is considered to be particularly
sensitive and/or valuable if in the wrong hands (for example,
Social Security numbers, passport numbers, driver's license
numbers, financial account numbers), says the suit.
The Defendant is a private undergraduate and graduate university.
The Defendant acquired, collected, and stored Plaintiff's and Class
Members' PII financial information.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue
Freedom Building, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon, Suite 205, No. 10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
LIFECARE MEDICAL: Nonnulla Seeks Unpaid Wages Under FLSA, VOWA
--------------------------------------------------------------
DAVID NONNULLA, individually and for others similarly situated v.
LIFECARE MEDICAL TRANSPORTS, LLC, Case No. 3:25-cv-00303-JAG (E.D.
Va., April 18, 2025) seeks to recover unpaid wages and other
damages from LifeCare under the Fair Labor Standards Act and
Virginia Overtime Wage Act.
LifeCare employed Nonnulla as one of its Hourly Employees. Nonnulla
and the other Hourly Employees regularly work more than 40 hours a
workweek.
Accordingly, LifeCare pays them by the hour. But LifeCare does not
pay Nonnulla and the other Hourly Employees at least one and a half
times their regular rates of pay -- based on all remuneration --
for all hours they work in excess of 40 a workweek. Instead,
LifeCare pays Nonnulla and the other Hourly Employees
non-discretionary bonuses that it fails to include in their regular
rates of pay for overtime purposes (bonus pay scheme), asserts the
suit.
LifeCare has employed Nonnulla as a paramedic in Virginia since
approximately July 2021.
LifeCare bills itself as "a leading medical provider for the
Commonwealth of Virginia [and] one of Virginia's largest health
care transportation providers."[BN]
The Plaintiff is represented by:
Harris D. Butler, III, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
- and -
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
LIFELONG ADOPTIONS: E.H. Files Suit in E.D. California
------------------------------------------------------
A class action lawsuit has been filed against Lifelong Adoptions,
Inc. The case is styled as E.H., V.P., on behalf of themselves and
all others similarly situated v. Lifelong Adoptions, Inc., Case No.
1:25-cv-00441-JLT-BAM (E.D. Cal., April 16, 2025).
The nature of suit is state as Other P.I. for Personal Injury.
LifeLong Adoptions -- https://www.lifelongadoptions.com/ --
provides marketing and advertising services that assist biological
parents considering adoption and prospective adoptive parents to
connect with each other, and provides support and referral services
throughout the process.[BN]
The Plaintiff is represented by:
Catherine Elizabeth Ybarra, Esq.
SIRI & GLIMSTAD LLP
700 S Flower Street Suite 1000
Los Angeles, CA 90017
Phone: (213) 297-3807
Fax: (646) 417-5967
Email: cybarra@sirillp.com
LIME ROCK: Chastain Suit Removed to W.D. Oklahoma
-------------------------------------------------
The case captioned as David A. Chastain, on behalf of himself and
all others similarly situated v. LIME ROCK RESOURCES OPERATING
COMPANY, INC., Case No. CV-2025-14 was removed from the District
Court of McClain County, State of Oklahoma, to the United States
District Court for the Western District of Oklahoma on April 16,
2025, and assigned Case No. 5:25-cv-00443-R.
This notice of removal is made pursuant to 28 U.S.C. Section 1331,
1441 and 1446, and is made on the basis of original federal subject
matter jurisdiction under the Labor Management Relations Act
("LMRA"), codified in relevant part at 29 U.S.C. Section 185; and
supplemental jurisdiction.[BN]
The Defendants are represented by:
Fred R. Gipson, Esq.
THE LAW OFFICE OF FRED R. GIPSON, PLLC
104 McSha Place
Norman, OK 73072
Phone: (405) 417-8008
Email: fred.gipsongicloud.com
- and -
Travis P. Brown, Esq.
R. John Berry, Esq.
MAHAFFEY & GORE, P.C.
300 N.E. 1st Street
Oklahoma City, OK 73104-4004
Phone: (405) 236-0478
Facsimile: (405) 236-1840
Email: tbrown@mahaffeygore.com
jberry@mahaffeygore.com
LIVE NATION: Faces Holmes Class Suit Over Illegal Drip Pricing
--------------------------------------------------------------
NADINE HOLMES, on her own behalf and on behalf of all others
similarly situated v. LIVE NATION ENTERTAINMENT, INC. and
TICKETMASTER LLC, Case No. 1:25-cv-01138-JRR (D. Md., April 7,
2025) alleges that the Defendants deceptively displays low prices
to sell more tickets at higher prices.
The case is a class action lawsuit brought against the Defendants
for its deceptive and manipulative use of a bait-and-switch scheme
commonly known as "drip pricing" -- a practice of advertising only
part of a product's price and then revealing other charges in a
non-initial step in the transaction as the consumer goes through
the buying process.
On average, the "drip pricing" model increases the cost of a
Ticketmaster ticket between 25% - 50% and in some instances can
increase the cost by more than 100% of the face value of the ticket
after a non-initial step in the ticket purchase transaction, the
suit says.
Ticketmaster is an online marketplace where consumers can buy and
sell tickets for sports, concerts, and other live entertainment
events.[BN]
The Plaintiff is represented by:
Cory L. Zajdel, Esq.
David M. Trojanowski, Esq.
Z LAW, LLC
2345 York Road, Suite B-13
Timonium, MD 21093
Telephone: (443) 213-1977
E-mail: clz@zlawmaryland.com
dmt@zlawmaryland.com
- and -
Oren Giskan, Esq.
GISKAN SOLOTAROFF & ANDERSON LLP
New York, NY 10004
Telephone: (212) 847-8315
E-mail: ogiskan@gslawny.com
LONG BEACH, CA: Guma Seeks to Certify Class Action
--------------------------------------------------
In the class action lawsuit captioned as Daniel Guma, Michael D'
Antoni, Kevin Horn, and Timothy Lyons, on behalf of themselves and
others similarly situated, v. The City of Long Beach, All County
Hook Up Towing, Inc. d/b/a All County Towing & Recovery, Joseph
Calvagno, individually, Case No. 2:23-cv-04529-GRB-JMW (E.D.N.Y.),
the Plaintiffs ask the Court to enter an order:
(1) certifying a class action pursuant to Federal Rules of
Civil Procedure 23(a) and 23(b)(3), with the class defined
as:
"All vehicle owners whose vehicle license plates, and/or
whose names are listed on the record of the U.S.D.C.
E.D.N.Y. Case No. 23-cv-4529, filed on June 20, 2023, whose
vehicles were seized by the City of Long Beach for tickets
issued by the City of Long Beach for unpaid parking
violations, including tickets issued for parking without a
permit, parking with an expired permit, parking beyond a
permitted parking time, parking too close to a driveway, or
the parking of a car which is otherwise unlawful, for being
parked on a public street with an expired inspection
sticker, registration or insurance, without having been
provided any pre-seizure or post seizure hearing";
(2) appointing the Plaintiffs are class representatives of the
proposed class; and
(3) appointing Campanelli & Associates, P.C. as lead counsel
for the class.
Long Beach is an oceanfront city in Nassau County, New York.
A copy of the Plaintiffs' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Z8AgDV at no extra
charge.[CC]
The Plaintiffs are represented by:
Andrew J. Campanelli, Esq.
CAMPANELLI & ASSOCIATES, P.C.
1757 Merrick Avenue, Suite 204
Merrick, NY 11566
Telephone: (516)746-1600
Facsimile: (516) 746-2611
LVNV FUNDING: Shaw Seeks More Time to File Class Cert Bid
---------------------------------------------------------
In the class action lawsuit captioned as BETSY SHAW, individually
and on behalf of all others similarly situated, v. LVNV FUNDING
LLC, a foreign limited liability co., and LLOYD & MCDANIEL, PLLC
d/b/a LLOYD & MCDANIEL, PLC, a foreign limited liability co., Case
No. 4:24-cv-00205-MW-MAF (N.D. Fla.), the Plaintiff asks the Court
to enter an order granting her an extension up to and including
June 18, 2025, to file her motion for class certification.
On March 27, 2024, the Plaintiff Betsy Shaw initiated this action
with the filing of her Class Action Complaint in state court.
On June 28, 2024, the parties filed their Report of the Parties’
Planning Meeting. The Report proposed deadlines for the prompt
progression of this case, including a May 19, 2025, deadline for
Plaintiff to move for class certification.
The Plaintiff has diligently prosecuted her claims, taken
fact-witness depositions, served multiple rounds of discovery, and
twice moved to compel supplemental productions by Defendants.
To that end, Plaintiff first served 30(b)(6) deposition notices on
January 17, 2025. ECF No. 35, at 1. The parties thereafter
cooperated in good faith to schedule the 30(b)(6) deposition dates
and ultimately scheduled the depositions for April 10 and 11, 2025.
On March 27, 2025, the Court entered its order granting in part and
denying in part Plaintiff’s Second Motion to Compel, and ordered
Defendants make a supplemental production on or before April 7,
2025.
The Plaintiff's counsel intends to question Defendants’ corporate
representatives regarding, inter alia, the material compelled by
the Court.
On April 4, 2025, the Defendant filed a Motion to Extend Time to
Comply with the Order compelling production, which Plaintiff did
not oppose. That motion was granted, and Defendants' supplemental
production is now due on April 28, 2025.
LVNV Funding is a company that buys charged-off accounts from
companies like credit card issuers and personal loan lenders.
A copy of the Plaintiff's motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7TBTeE at no extra
charge.[CC]
The Plaintiff is represented by:
Joshua Jacobson, Esq.
JACOBSON PHILLIPS PLLC
2277 Lee Road, Suite B
Winter Park, FL 32789
Telephone: (321) 447-6461
E-mail: joshua@jacobsonphillips.com
jacob@jacobsonphillips.com
MANAGED CARE: Parties Seek More Time to File Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as DONNA CROWE, et al., on
behalf of themselves and all others similarly situated, v. MANAGED
CARE OF NORTH AMERICA, INC., d/b/a MCNA DENTAL, MCNA INSURANCE
COMPANY d/b/a MCNA DENTAL, and HEALTHPLEX, INC., Case No.
0:23-cv-61065-AHS (S.D. Fla.), the Parties ask the Court to enter
an order extending the Plaintiffs' deadline to move for class
certification by two weeks, through and including June 2, 2025.
The Parties attended their first mediation in this case on July 10,
2024, which did not result in a settlement. See D.E. 157.
On Jan. 17, 2025, the Court denied Defendants’ Motion to Dismiss
Plaintiffs' Second Amended Class Action Complaint.
Since that time, the Parties have been fully engaged in discovery,
including, inter alia, engaging in ESI production, taking fact
witness depositions, preparing for 30(b)(6) depositions, working
with experts, and doing third-party discovery.
On March 20, 2025, the Court granted Defendants’ Unopposed Motion
for Extension of Time for Plaintiffs to File Their Motion for Class
Certification and extended the deadline by three weeks to May 19,
2025. The other deadlines in the Amended Joint Scheduling Order
remained the same.
Managed Care provides dental plans. The Company offers medicare,
long term, and commercial plans.
A copy of the Parties' motion dated April 11, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=RUc9fk at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
- and -
Peter Prieto, Esq.
PODHURST ORSECK P.A.
2525 Ponce de Leon Blvd., Suite 500
Coral Gables, FL 33146
Telephone: (305) 358-2800
E-mail: pprieto@podhurst.com
- and -
Stephanie A. Casey, Esq.
COLSON HICKS EIDSON, P.A.
255 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Telephone: (305) 476-7400
E-mail: scasey@colson.com
The Defendants are represented by:
Allen P. Pegg, Esq.
Mark R. Cheskin, Esq.
Allison Holt Ryan, Esq.
Alicia J. Paller, Esq.
Abby W. Gray, Esq.
HOGAN LOVELLS US LLP
600 Brickell Avenue, Suite 2700
Miami, FL 33131
Telephone: (305) 459-6500
Facsimile: (305) 459-6550
E-mail: allen.pegg@hoganlovells.com
allison.holt-ryan@hoganlovells.com
alicia.paller@hoganlovells.com
abby.waltergray@hoganlovells.com
ME TOO LLC: Hippe Seeks Equal Website Access for Blind Users
------------------------------------------------------------
XINYUE HIPPE, on behalf of herself and all others similarly
situated, Plaintiff v. Me Too LLC, Defendant, Case No. 2:25-cv-535
(E.D. Wis., April 14, 2025) is a civil rights action against Me Too
for its failure to design, construct, maintain, and operate its
website, https://metooshoes.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.
On April 7, 2025, the Plaintiff was looking for a pair of ballet
pumps to complement her wardrobe. While browsing online for a
retailer offering footwear designed for modern and active women,
she discovered Metooshoes.com.
According to the complaint, the website contains access barriers
that prevent free and full use by Plaintiff and blind persons using
keyboards and screen-reading software. These barriers are pervasive
and include, but are not limited to ambiguous link texts, changing
of content without advance warning, hidden elements on the web
page, inadequate focus order, lack of alt-text on graphics,
inaccessible drop-down menus, unclear labels for interactive
elements, and the requirement that transactions be performed solely
with a mouse.
The Plaintiff seeks a permanent injunction to cause a change in Me
Too's policies, practices, and procedures so that its website will
become and remain accessible to blind and visually-impaired
consumers. This complaint also seeks compensatory damages to
compensate Class members for having been subjected to unlawful
discrimination.
Me Too LLC operates the website that offers an array of goods and
services, including, the ability to view boots, flats, loafers,
sandals, wedges, and heels.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (630)-478-0856
E-mail: Dreyes@ealg.law
MOBIZ INC: Faces Novia Class TCPA Suit Over Telemarketing Calls
---------------------------------------------------------------
STEVEN NOVIA, individually and on behalf of all others similarly
situated v. MOBIZ INC., AND HARRIS BROTHERS OF MICHIGAN, INC., Case
No. 1:25-cv-11036-AK (D. Mass., April 18, 2025) seeks to enforce
the consumer-privacy provisions of the Telephone Consumer
Protection Act of 1991 alleging that MoBiz and Harris Brothers
violated the TCPA by making telemarketing calls to Plaintiff and
other putative class members listed on the National Do Not Call
Registry without their written consent, as well as by failing to
include the required caller ID information.
Accordingly, Mr. Novia uses the number for personal, residential,
and household reasons. Mr. Novia does not use the number for
business reasons or business use. The number is a residential
telephone line because it is assigned to a residential telephone
exchange service for consumers and is not assigned to a telephone
exchange service for businesses, says the suit.
Plaintiff Novia is an individual residing in the District of
Massachusetts.
Mobiz is a corporation that sends marketing text messages with its
headquarters and principal place of business in Georgia.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 738-7080
Facsimile: (617) 830-0327
E-mail: anthony@paronichlaw.com
MORTGAGE RESEARCH: Warnocks Seek to Certify Class Action
--------------------------------------------------------
In the class action lawsuit captioned as STEPHEN and HILARY
WARNOCK, v. MORTGAGE RESEARCH CENTER LLC d/b/a VETERANS UNITED HOME
LOANS and NATIONSTAR LLC d/b/a MR. COOPER, Case No.
8:23-cv-00914-CEH-LSG (M.D. Fla.), the Plaintiffs ask the Court to
enter an order certifying class action on behalf of:
a. A Class consisting of all homeowners within the state of
Florida who, within the one year before the filing of this
cause of action, have timely made their mortgage payments to
MORTGAGE RESEARCH CENTER L.L.C d\b\a VETERANS UNITED HOME
LOANS, which included amounts escrowed to be paid to third-
party insurance providers, such as WRIGHT NATIONAL FLOOD
INSURANCE, and those payments were not made to the third-
party insurance provider timely, which caused the class
member damages including increased premiums, a loss of
coverage, or requiring the sale of the home secured by the
mortgage."
b. A Class consisting of all homeowners within the state of
Florida who, within the one year before the filing of this
cause of action, have timely made their mortgage payments to
NATIONSTAR MORTGAGE LLC d\b\a MR. COOPER, which included
amounts escrowed to be paid to third-party insurance
providers, such as WRIGHT NATIONAL FLOOD INSURANCE, and
those payments were not made to the third-party insurance
provider timely, which caused the class member damages,
including increased premiums, a loss of coverage, or
requiring the sale of the home secured by the mortgage.
c. A Class consisting of all homeowners within the United
States of America who, within the one year before the filing
of this cause of action, have timely made their mortgage
payments to MORTGAGE RESEARCH CENTER L.L.C d\b\a VETERANS
UNITED HOME LOANS, which included amounts escrowed to be
paid to third-party insurance providers, such as WRIGHT
NATIONAL FLOOD INSURANCE, and those payments were not made
to the third-party insurance provider timely, which caused
the class member damages including increased premiums, a
loss of coverage, or requiring the sale of the home secured
by the mortgage.
d. A Class consisting of all homeowners within the United
States of America who, within the one year before the filing
of this cause of action, have timely made their mortgage
payments to NATIONSTAR MORTGAGE LLC d\b\a MR. COOPER, which
included amounts escrowed to be paid to thirdparty insurance
providers, such as WRIGHT NATIONAL FLOOD INSURANCE, and
those payments were not made to the third-party insurance
provider timely, which caused the class member damages,
including increased premiums, a loss of coverage, or
requiring the sale of the home secured by the mortgage.
e. A Class consisting of all homeowners within the state of
Florida who, within the five years before the filing of this
cause of action, have timely made their mortgage payments to
MORTGAGE RESEARCH CENTER L.L.C d\b\a VETERANS UNITED HOME
LOANS, which included amounts escrowed to be paid to third-
party insurance providers, such as WRIGHT NATIONAL FLOOD
INSURANCE, and those payments were not made to the third-
party insurance provider timely, which caused the class
member damages including increased premiums, a loss of
coverage, or requiring the sale of the home secured by the
mortgage.
f. A Class consisting of all homeowners within the state of
Florida who, within the five years before the filing of this
cause of action, have timely made their mortgage payments to
NATIONSTAR MORTGAGE LLC d\b\a MR. COOPER, which included
amounts escrowed to be paid to third-party insurance
providers, such as WRIGHT NATIONAL FLOOD INSURANCE, and
those payments were not made to the third-party insurance
provider timely, which caused the class member damages,
including increased premiums, a loss of coverage, or
requiring the sale of the home secured by the mortgage.
Veterans United is a mortgage loan servicer.
A copy of the Plaintiffs' motion dated April 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5WBFgO at no extra
charge.[CC]
The Plaintiffs are represented by:
Bryant H. Dunivan Jr., Esq.
DUNIVAN LAW, PA
5668 Fishhawk Crossing Blvd., Ste. 333,
Lithia, FL 33547
Telephone: (813) 252-0239
E-mail: bryant@dunivanlaw.com
eservice@dunivanlaw.com
MR. THROWBACK: Faces Zhang Suit Over Blind-Inaccessible Website
---------------------------------------------------------------
ANDREW ZHANG, individually and on behalf of all others similarly
situated, Plaintiff v. MR. THROWBACK, INC., Defendant, Case No.
1:25-cv-02984 (S.D.N.Y., April 10, 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, 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://www.mrthrowback.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of their
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include but
not limited to: inaccessible contact information, lack of alt-text
on graphics, unclear labels for interactive elements, 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 its website will become and remain accessible to
blind and visually impaired individuals.
Mr. Throwback, Inc. is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
Email: Uri@Horowitzlawpllc.com
NATERA INC: Appeals Class Cert. Order in Schneider Suit to 5th Cir.
-------------------------------------------------------------------
NATERA, INCORPORATED, et al. are taking an appeal from a court
order in the lawsuit entitled John Harvey Schneider, et al.,
individually and on behalf of and all others similarly situated,
Plaintiffs, v. Natera, Incorporated, et al., Defendants, Case No.
1:22-cv-398, in the U.S. District Court for the Western District of
Texas.
As previously reported in the Class Action Reporter, this is a
class action lawsuit on behalf of a class of all persons and
entities who purchased or otherwise acquired Natera common stock
between February 26, 2020, and April 19, 2022, inclusive, seeking
to pursue remedies under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934.
On June 4, 2024, the Plaintiffs filed a motion to certify class.
On Jan. 28, 2025, Judge Dustin M. Howell filed a Report and
Recommendation (R&R) to grant the Plaintiffs' motion to certify
class.
On Mar. 21, 2025, Judge David A. Ezra entered an Order adopting the
R&R. The Plaintiffs' motion to certify class was granted.
The appellate case is entitled Schneider v. Natera, Incorporated,
Case No. 25-90009, in the United States Court of Appeals for the
Fifth Circuit, filed on April 7, 2025. [BN]
Plaintiffs-Respondents JOHN HARVEY SCHNEIDER, et al., individually
and on behalf of all others similarly situated, are represented
by:
Barbara A. Schwartz, Esq.
KESSLER TOPAZ MELTZER & CHECK, L.L.P.
280 King of Prussia Road
Radnor, PA 19087
- and –
Jessica Elaine Underwood, Esq.
NIX PATTERSON, L.L.P.
8701 Bee Cave Road
Building 1
Austin, TX 78746
Telephone: (512) 328-5333
- and –
Johnny Sutton, Esq.
ASHCROFT SUTTON REYES, L.L.C.
919 Congress Avenue
Austin, TX 78701
Telephone: (512) 585-9988
Defendants-Petitioners NATERA, INCORPORATED, et al. are represented
by:
Bruce G. Vanyo, Esq.
KATTEN MUCHIN ROSENMAN, L.L.P.
2121 Avenue of the Stars
Los Angeles, CA 90067
- and –
Danny Scot Ashby, Esq.
O'MELVENY & MYERS, L.L.P.
2801 N. Harwood Street
Dallas, TX 75201
Telephone: (972) 360-1900
NATIONWIDE RECOVERY: Fails to Secure Personal Info, Cooper Alleges
------------------------------------------------------------------
FELICIA COOPER, individually and on behalf of all others similarly
situated v. NATIONWIDE RECOVERY SERVICES, INC. and HAMILTON HEALTH
CARE SYSTEM, INC. d/b/a VITRUVIAN HEALTH, Case No. 1:25-cv-00131
(E.D. Tenn., April 21, 2025) arises out of the public exposure of
the confidential, personal information of Defendants Hamilton
Health's current and former patients, including Personally
Identifying Information and Protected Health Information, including
of Plaintiff and the Class Members, which was in Defendants'
possession during a cyberattack on NRS's systems beginning on or
around July 2024, and which attack was caused by Defendants'
collective failures to adequately safeguard that Personal
Information (the Data Breach).
The Private Information compromised in the Data Breach included
certain personal and protected health information of Defendants'
current and former employees, including Plaintiff. This Private
Information included but is not limited to "names, addresses,
Social Security numbers, dates of birth, financial account
information, and other medical information."
The Private Information was removed from Defendants' network by
cybercriminals who perpetrated the attack and remains in the hands
of those cybercriminals. The Data Breach resulted from the
Defendants' failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
individuals' Private Information with which they were entrusted for
employment.
The Plaintiff proposes the following Class definition, subject to
amendment as appropriate:
"All persons whose Private Information was compromised because
of the July 2024 Data Breach."
Excluded from the Class are the Defendants' officers and directors,
and any entity in which Defendants has a controlling interest; and
the affiliates, legal representatives, attorneys, successors,
heirs, and assigns of Defendants. Excluded also from the Class are
Members of the judiciary to whom this case is assigned, their
families and Members of their staff."
Hamilton Health is a healthcare provider serving patients in
northwest Georgia and southeast Tennessee.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Ave., Ste. 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Leigh Montgomery, Esq.
EKSM, LLP
lmontgomery@eksm.com
service@eksm.com
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
NATIONWIDE RECOVERY: Nail Sues Over Unprotected Personal Info
-------------------------------------------------------------
LISA NAIL, individually, and on behalf of all others similarly
situated v. NATIONWIDE RECOVERY SERVICE, INC. and RHEA COUNTY
HOSPITAL d/b/a RHEA MEDICAL CENTER, Case No. 1:25-cv-00130 (E.D.
Tenn., April 18, 2025) arises out of the public exposure of the
confidential, private information of the Defendant's current and
former patients, Personally Identifying Information and Protected
Health Information, including of Plaintiff and the Class Members,
which was in the possession of the Defendants in a cyberattack on
NRS's systems, beginning on or around July 2024, caused by the
Defendants' collective failures to adequately safeguard that
Personal Information (the Data Breach).
According to the complaint, the Personal Information unauthorizedly
disclosed in the Data Breach includes patients' name, address, date
of birth, Social Security number, financial account information,
and medical information. As a direct and proximate result of the
Defendants' failures to protect current and former patients'
sensitive Personal Information and warn them promptly and fully
about the Data Breach, Plaintiff and the proposed Class Members
have suffered widespread injury and damages necessitating Plaintiff
seeking relief on a class wide basis, says the suit.
NRS specializes in customer service, collections, and recovery
management experience, supporting all areas of financial servicing
across industries.
Rhea Medical is a county-owned, non-profit healthcare provider.
[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
E-mail: ashamis@shamisgentile.com
NELLIS AUCTION: Schaaf Suit Seeks Unpaid Wages for Warehouse Staff
------------------------------------------------------------------
STEPHEN SCHAAF, individually and on behalf of all others similarly
situated, Plaintiff v. NELLIS AUCTION HOLDINGS, LLC; CRET LLC a/k/a
NELLIS AUCTION; NELLIS AUCTION ARIZONA LLC; NELLIS AUCTION
COLORADO, LLC; NELLIS AUCTION NEW JERSEY, LLC; NELLIS AUCTION
TEXAS, LLC; and DOES 1 through 50, inclusive, Defendants, Case No.
2:25-cv-00647 (D. Nev., April 10, 2025) is a class action against
the Defendants for failure to pay overtime wages and all wages due
and owing in violation of the Fair Labor Standards Act and Nevada
Revised Statutes.
Mr. Schaaf was employed by the Defendants as a picker at North Las
Vegas warehouse from approximately April 14, 2022, until
approximately April 28, 2023.
Nellis Auction Holdings, LLC is an online auction platform operator
doing business in Nevada.
Cret LLC, also known as Nellis Auction, is an online auction
platform operator doing business in Nevada.
Nellis Auction Arizona LLC is an online auction platform operator
based in Arizona.
Nellis Auction Colorado, LLC is an online auction platform operator
based in Colorado.
Nellis Auction New Jersey, LLC is an online auction platform
operator based in New Jersey.
Nellis Auction Texas, LLC is an online auction platform operator
based in Texas. [BN]
The Plaintiff is represented by:
Jason Kuller, Esq.
Rachel Mariner, Esq.
RAFII & ASSOCIATES, P.C.
1120 N. Town Center Dr., Ste. 130
Las Vegas, NV 89144
Telephone: (725) 245-6056
Facsimile: (725) 220-1802
Email: jason@rafiilaw.com
rachel@rafiilaw.com
NET POWER: Faces Class Action Lawsuit Over Securities Fraud
-----------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against NET Power Inc. ("Net Power" or the "Company") (NYSE:NPWR)
and certain officers. The class action, filed in the United States
District Court for the Middle District of North Carolina, and
docketed under 25-cv-00296, is on behalf of a class consisting of
all persons and entities other than Defendants that purchased or
otherwise acquired Net Power securities between June 9, 2023 and
March 7, 2025, both dates inclusive (the "Class Period"), seeking
to recover damages caused by Defendants' violations of the federal
securities laws and to pursue remedies under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 (the "Exchange Act")
and Rule 10b-5 promulgated thereunder, against the Company and
certain of its top officials.
If you are an investor who purchased or otherwise acquired Net
Power securities during the Class Period, you have until June 17,
2025, to ask the Court to appoint you as Lead Plaintiff for the
class. A copy of the Complaint can be obtained at
www.pomerantzlaw.com. To discuss this action, contact Danielle
Peyton at newaction@pomlaw.com or 646-581-9980 (or 888.4-POMLAW),
toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to
include their mailing address, telephone number, and the number of
shares purchased.
Net Power is a clean energy technology company. Its business is
centered around its so-called "Net Power Cycle" technology, which
is a purported novel power generation system designed to produce
reliable and affordable electricity from natural gas while
capturing virtually all atmospheric emissions.
Net Power has a facility located in La Porte, Texas, which it uses
to demonstrate the viability of the NET Power Cycle, referred to as
"La Porte" or the "Demonstration Plant."
Net Power conducts research and equipment validation testing
campaigns at the Demonstration Plant as part of its efforts to
develop its first utility-scale plant, which it variably refers to
as "SN1" or "Project Permian." Project Permian is located at a site
in the Permian Basin of West Texas.
Since before the start of the Class Period, Defendants had
represented that they anticipated SN1 to be operational in 2026. In
2023, Net Power's cost estimate for Project Permian was roughly
$950 million, which increased to $1.1 billion in 2024.
Net Power's commencement of commercial operations and, accordingly,
its business and financial prospects, rely on its completion of
Project Permian. As such, Defendants' projected timelines and cost
estimates for Project Permian are of particular importance to
investors and analysts.
The Complaint alleges that, 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: (i) Net Power was unlikely to complete Project
Permian on schedule, and the project was likely to be significantly
more expensive than Defendants had represented, because of, inter
alia, supply chain issues and numerous site- and region-specific
challenges; (ii) accordingly, Defendants' projections regarding the
time and capital needed to complete Project Permian were
unrealistic; (iii) the increased time and capital needed to
complete Project Permian were likely to have a significant negative
impact on the Company's business and financial results; and (iv) as
a result, Defendants' public statements were materially false and
misleading at all relevant times.
On November 14, 2023, during pre-market hours, Net Power issued a
press release announcing its third quarter 2023 results and
providing a business update. Therein, the Company disclosed that
"[d]ue to . . . tightness in the global supply chain, we are
incorporating a 12-month cushion into our expected schedule for
Project Permian" with Defendants "now expecting to achieve initial
power generation sometime between the second half of 2027 and first
half of 2028." This represented a significant delay from
Defendants' initial schedule to have the plant operational by
2026.
On this news, Net Power's stock price fell $2.47 per share, or
18.54%, to close at $10.85 per share on November 14, 2023.
On March 10, 2025, during pre-market hours, Net Power issued a
press release announcing its fourth quarter and full year 2024
results and providing a business update. Therein, Net Power
disclosed that it "now estimates Project Permian's total installed
cost to be between $1.7 billion and $2.0 billion"-significantly
higher than its last estimate of $1.1 billion -- "which is
inclusive of non-recurring first-of-a-kind, Project Permian
site-specific and owner costs[,]" advising that "there are a number
of site- and region-specific challenges which impact cost." The
Company further advised that Project Permian "would come online no
earlier than 2029[,]" representing a significant delay from its
prior timeline of sometime between the second half of 2027 and
first half of 2028. In addition, Net Power reported that it ended
2024 "with $533 million in cash, cash equivalents, and investments,
down from $580 million last quarter, primarily due to $13 million
in operating cash outflows and $29 million in capital expenditures
for La Porte upgrades and SN1 development."
On this news, Net Power's stock price fell $2.18 per share, or
31.46%, to close at $4.75 per share on March 10, 2025.
Then, on April 15, 2025, Net Power issued a press release
announcing that its President and Chief Operating Officer ("COO")
and Chief Financial Officer would depart the Company on May 1,
2025, and that the Company had appointed a new COO, effective
immediately.
On this news, Net Power's stock price fell $0.13 per share, or
5.75%, to close at $2.13 per share on April 16, 2025.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles,
London, Paris, and Tel Aviv, is acknowledged as one of the premier
firms in the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, Pomerantz pioneered the field of
securities class actions. Today, more than 85 years later,
Pomerantz continues in the tradition he established, fighting for
the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
billions of dollars in damages awards on behalf of class members.
See www.pomlaw.com. [GN]
NET POWER: Faces Luciani Securities Suit Over Stock Price Drop
--------------------------------------------------------------
TED LUCIANI, individually and on behalf of all others similarly
situated v. NET POWER INC., DANIEL J. RICE IV, AKASH PATEL, and
BRIAN ALLEN, Case No. 1:25-cv-00296 (M.D.N.C., April 18, 2025) is a
federal securities class action on behalf of a class consisting of
all persons and entities other than Defendants that purchased or
otherwise acquired Net Power securities between June 9, 2023 and
March 7, 2025, both dates inclusive, seeking to recover damages
caused by the Defendants' violations of the federal securities laws
and to pursue remedies under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, against the Company and certain of
its top officials.
Net Power conducts research and equipment validation testing
campaigns at the Demonstration Plant as part of its efforts to
develop its first utility-scale plant, which it variably refers to
as "SN1" or "Project Permian." Project Permian is located at a site
in the Permian Basin of West Texas. Since before the start of the
Class Period, Defendants had represented that they anticipated SN1
to be operational in 2026. In 2023, Net Power's cost estimate for
Project Permian was roughly $950 million, which increased to $1.1
billion in 2024.
Net Power's commencement of commercial operations and, accordingly,
its business and financial prospects, rely on its completion of
Project Permian. As such, the Defendants' projected timelines and
cost estimates for Project Permian are of particular importance to
investors and analysts.
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 Net
Power was unlikely to complete Project Permian on schedule, and the
project was likely to be significantly more expensive than
Defendants had represented, because of, inter alia, supply chain
issues and numerous site- and region-specific challenges.
On Nov. 14, 2023, during pre-market hours, Net Power issued a press
release announcing its third quarter 2023 results and providing a
business update.
On this news, Net Power's stock price fell $2.47 per share, or
18.54%, to close at $10.85 per share on November 14, 2023. 10. On
March 10, 2025, during pre-market hours, Net Power issued a press
release announcing its fourth quarter and full year 2024 results
and providing a business update, says the suit.
Then, on April 15, 2025, Net Power issued a press release
announcing that its President and Chief Operating Officer (COO) and
Chief Financial Officer (CFO) would depart the Company on May 1,
2025, and that the Company had appointed a new COO, effective
immediately.
On this news, Net Power's stock price fell $0.13 per share, or
5.75%, to close at $2.13 per share on April 16, 202514. 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, the suit added.
Net Power is a clean energy technology company. Its business is
centered around its so-called "Net Power Cycle" technology, which
is a purported novel power generation system designed to produce
reliable and affordable electricity from natural gas while
capturing virtually all atmospheric emissions.
Net Power has a facility located in La Porte, Texas, which it uses
to demonstrate the viability of the NET Power Cycle, referred to as
"La Porte" or the "Demonstration Plant."[BN]
The Plaintiff is represented by:
David G. Schiller, Esq.
SCHILLER & SCHILLER, PLLC
304 East Jones Street
Raleigh, North Carolina 27601
Telephone: (919) 789-4677
Facsimile: (919) 789-4469
E-mail: david@schillerfirm.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
NEW YORK: Faces Whalen Suit Over Failure to Protect Clients' Info
-----------------------------------------------------------------
JENNIE WHALEN, individually and on behalf of all others similarly
situated, Plaintiff v. NEW YORK UNIVERSITY, Defendant, Case No.
1:25-cv-02926 (S.D.N.Y., April 9, 2025) is a class action against
the Defendant for negligence, breach of implied contract, unjust
enrichment, breach of fiduciary duty, and declaratory and
injunctive relief.
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 on March 22, 2025. 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.
New York University is a university with its headquarters in New
York, New York. [BN]
The Plaintiff is represented by:
Brian P. Murray, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Avenue, Suite 358
New York, NY 10169
Telephone: (212) 682-5340
Email: bmurray@glancylaw.com
- and -
John A. Yanchunis, Esq.
Ronald Podolny, Esq.
Antonio Arzola, Jr., Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 275-5272
Facsimile: (813) 222-4736
Email: jyanchunis@forthepeople.com
ronald.podolny@forthepeople.com
ararzola@forthepeople.com
NISSAN NORTH: Seeks More Time to File Writ of Certiorari in Johnson
-------------------------------------------------------------------
NISSAN NORTH AMERICA, INC. filed on April 7, 2025, a request to
extend time to file for a petition of writ of certiorari with the
U.S. Supreme Court, under Case No. 24-950, seeking a review of a
ruling of the United States Court of Appeals for the Ninth Circuit
in the case captioned Nissan North America, Inc., Applicant vs.
Sherida Johnson, individually and on behalf of all others similarly
situated, et al., Case No. 22-16644.
As previously reported in the Class Action Reporter, the
Plaintiffs' claims are based upon Nissan's refusal to acknowledge
and address a dangerous safety defect in its tempered glass
panoramic sunroofs which exists in all class vehicles at the point
of sale. Panoramic sunroofs ("PSR") manufactured for Nissan use
tempered glass panels that are unable to withstand the stresses and
environmental factors present under ordinary driving conditions
(the "Sunroof Defect"). The Sunroof Defect causes the Class
Vehicles' PSRs to suffer from a propensity to shatter -- suddenly,
violently, and without warning -- creating a loud noise and raining
glass fragments down on the vehicle's occupants, which in turn
creates a serious safety hazard. Having experienced a manifestation
of the Sunroof Defect firsthand, the Plaintiffs filed this lawsuit
on behalf of themselves and all others who purchased or leased a
Nissan vehicle with a Nissan factory-installed PSR manufactured by
either that incorporate tempered glass panels. The Plaintiffs seek
damages and equitable relief. [BN]
Defendant-Petitioner NISSAN NORTH AMERICA, INC. is represented by:
Christopher Robert Wray, Esq.
SHOOK, HARDY & BACON LLP
2555 Grand Boulevard
Kansas City, MO 64108
Email: cwray@shb.com
OBI SEAFOODS: Fails to Secure Personal, Health Info, Hamlin Says
----------------------------------------------------------------
Tara Hamlin, individually and on behalf of all others similarly
situated v. OBI Seafoods, LLC, Case No. 2:25-cv-00618 (W.D. Wash.,
April 7, 2025) alleges that the Defendant failed to properly secure
and safeguard the sensitive information that it collected and
maintained as part of its regular business practices, including the
Plaintiff's and Class Members' names and medical and health
insurance information, which is protected health information as
defined by the Health Insurance Portability and Accountability Act
of 1996.
Accordingly, current and former OBI Seafoods employees are required
to entrust the Defendant with sensitive, non-public Private
Information, without which the Defendant could not perform its
regular business activities, in order to obtain employment or
certain employment benefits at Defendant.
The Defendant retains this information for at least many years and
even after the employee-employer relationship has ended. 5. By
obtaining, collecting, using, and deriving a benefit from the
Private Information of Plaintiff and Class Members, Defendant
assumed legal and equitable duties to those individuals to protect
and safeguard that information from unauthorized access and
intrusion. In breaching its duties to properly safeguard
employees’ Private Information and give employees timely,
adequate notice of the Data Breach’s occurrence, Defendant’s
conduct amounts to negligence and/or recklessness and violates
federal and state statutes, the suit contends.
The Defendant is a leading producer of fresh, frozen and canned
wild Alaska seafood, operating 10 processing plants in all major
seafood-producing areas of the state.[BN]
The Plaintiff is represented by:
Kaleigh N. Boyd, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, Washington 98101
Telephone: (206) 682-5600
E-mail: kboyd@tousley.com
- and -
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Telephone: (786) 879-8200
E-mail: mweekes@milberg.com
ONTRAK INC: Dick Appeals Remain Pending in 9th Circuit
------------------------------------------------------
On March 3, 2021, a purported securities class action was filed in
the United States District Court for the Central District of
California, entitled Farhar v. Ontrak, Inc., Case No.
2:21-cv-01987. On March 19, 2021, another similar lawsuit was filed
in the same court, entitled Yildrim v. Ontrak, Inc., Case No.
2:21-cv-02460. On July 14, 2021, the Court consolidated the two
actions under the Farhar case, appointed Ibinabo Dick as lead
plaintiff, and the Rosen Law Firm as lead counsel.
On August 13, 2021, lead plaintiff filed a consolidated amended
complaint. In the Consolidated Amended Complaint, lead plaintiff,
purportedly on behalf of a putative class of purchasers of Ontrak
Inc. securities from August 5, 2020 through February 26, 2021,
alleged that the Company and Terren S. Peizer, Brandon H. LaVerne
and Curtis Medeiros, violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, 15 U.S.C. Sections 78j(b), 78t(a),
and Rule 10b-5, 17 C.F.R. Section 240.10b-5, promulgated
thereunder, by intentionally or recklessly making false and
misleading statements and omissions in various press releases, SEC
filings and conference calls with investors on August 5, 2020 and
November 5, 2020.
Specifically, the Consolidated Amended Complaint alleged that the
Company was inappropriately billing its largest customer, Aetna,
causing Aetna to, in May 2020, shut off its data feed to Ontrak,
and, in July 2020, require Ontrak to complete a Corrective Action
Plan. Lead plaintiff alleged that defendants: (1) misrepresented to
investors that the data feed was shut off in July 2020, and that it
was part of Aetna’s standard compliance review of all of its
vendors; (2) failed to disclose to investors that Aetna had issued
the CAP; and (3) failed to disclose to investors that Ontrak was
engaging in inappropriate billing practices. Lead plaintiff sought
certification of a class and monetary damages in an indeterminate
amount.
On September 13, 2021, defendants filed a motion to dismiss the
Consolidated Amended Complaint for failure to state a claim under
Federal Rules of Civil Procedure 12(b)(6) and 9(b) and the Private
Securities Litigation Reform Act of 1995, 15 U.S.C. Sections 78u-4,
et seq. The motion was taken under submission, with no oral
argument. Prior to any ruling being issued on the motion to
dismiss, on March 29, 2023, lead plaintiff filed a Second Amended
Complaint. The Second Amended Complaint (1) added Jonathan Mayhew
as a defendant; (2) expanded the purported class period to August
5, 2020 through August 19, 2021; and (3) included allegations that
the defendants additionally intentionally or recklessly made false
and misleading statements and omissions regarding the Company's
relationship with its then-second largest customer, Cigna, in
various press releases, SEC filings and conference calls with
investors on May 6, 2021 and August 5, 2021.
On May 15, 2023, the Company filed its motion to dismiss the Second
Amended Complaint. On February 2, 2024, the Court issued an order
granting the Company's motion to dismiss in its entirety and
providing lead plaintiff leave to amend. On March 5, 2024, lead
plaintiff filed its Third Amended Complaint, which asserted the
same claims, against the same defendants for the same purported
class period.
On March 19, 2024, the Company filed its motion to dismiss the
Third Amended Complaint.
On September 3, 2024, the Court granted the Company's motion to
dismiss the Third Amended Complaint and dismissed the Third Amended
Complaint with prejudice. On September 30, 2024, lead plaintiff
filed his Notice of Appeal. On January 31, 2025, lead plaintiff
filed his Opening Brief; the Company filed its Answering Brief on
April 2, 2025. The Company believes that the allegations lack merit
and intends to defend against any appeal vigorously, the Company
said in a Form 10-K report for the fiscal year ended December 31,
2024 filed with the U.S. Securities and Exchange Commission.
ONTRAK INC: Intends to Defend "Braun" Securities Suit
-----------------------------------------------------
Ontrak Inc. offered and sold shares of its Series A Preferred Stock
in offerings registered under the Securities Act. In February 2022,
a purported securities class action was filed in the Superior Court
of California for Los Angeles County, entitled Braun v. Ontrak,
Inc., et al., Case No. 22STCV07174, on behalf of a putative class
of all purchasers of the Company's Series A Preferred Stock in such
offerings.
The action was brought against the Company, its officers and
directors, and the investment banking firms that acted as
underwriters for the offerings. The plaintiff asserted causes of
actions alleging that the Company violated the federal securities
laws in connection with the offerings based upon allegations that
statements made regarding the growth of its customer base and
expansion of its program with health plan customers were false or
misleading.
The Company believes that the allegations of falsity lack merit and
that it has meritorious defenses, and it intends to defend against
the action vigorously, according to a Form 10-K report for the
fiscal year ended December 31, 2024 filed with the U.S. Securities
and Exchange Commission.
ORACLE HEALTH: Fails to Secure Personal, Health Info, Blount Says
-----------------------------------------------------------------
REBECCA BLOUNT and CHERYL MCCULLEY, on behalf of themselves and all
others similarly situated, Plaintiffs v. ORACLE HEALTH, INC., Case
No. 4:25-cv-00259-BP (W.D. Mo., April 11, 2025) alleges that Oracle
failed to properly secure and safeguard the Plaintiffs' and Class
Members' personally identifiable information and protected health
information from cybercriminals.
The Defendant is a healthcare software-as-a-service (SaaS) company
offering electronic health record (EHR) and business operations
systems to hospitals and healthcare organizations. Accordingly, in
the course of doing business, Defendant is entrusted with the
Private Information that patients provide to Defendant's customers.
Oracle's security failures led to cyberattack that compromised its
legacy Cerner data migration servers that store patient data for
multiple US healthcare organizations and hospitals, says the suit.
According to a notice sent to Oracle customers, on or about
February 20, 2025, Oracle Health learned that cybercriminals had
gained access to patient information that was "on an old legacy
Cerner server that was not yet migrated to the Oracle Cloud."
Ms. Blount is an individual citizen of the State of Arizona
residing in Pinal County, Arizona. Ms. McCulley resides in Lassen
County, California.
Oracle, formerly known as Cerner Corporation, is a US-based,
multinational provider of various health information technology
platforms and services, including EHR systems and software.[BN]
The Plaintiff is represented by:
Brandon M. Wise, Esq.
PEIFFER WOLF CARR
KANE CONWAY & WISE, LLP
Brandon M. Wise - MO Bar # 67242
One US Bank Plaza, Suite 1950
St. Louis, MO 63101
Telephone: (314) 833-4825
E-mail: bwise@peifferwolf.com
- and -
David S. Almeida, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
E-mail: david@almeidalawgroup.com
ORACLE HEALTH: Fails to Secure Personal, Health Info, Moore Says
----------------------------------------------------------------
GEOFFREY MOORE, on behalf of himself and all others similarly
situated v. ORACLE HEALTH, INC., Case No. 4:25-cv-00281-BP (W.D.
Mo., April 18, 2025) arises from the Defendant's failure to
properly secure and safeguard Plaintiffs' and Class Members'
personally identifiable information and protected health
information from cybercriminals.
According to a notice sent to impacted Oracle customers, on or
about Feb. 20, 2025, Oracle learned that cybercriminals had gained
access to patient information that was "on an old legacy Cerner
server that was not yet migrated to the Oracle Cloud."
Oracle revealed that a cybercriminal used compromised customer
credentials to breach the server sometime after January 22, 2025,
and copied data including patient Private Information, to a remote
server (the Data Breach).
Furthermore, impacted hospitals are now being extorted by a threat
actor named "Andrew," who is demanding millions of dollars in
cryptocurrency not to leak or sell the stolen data and who has
created websites about the Data Breach to pressure the hospitals
into paying the ransom. The massive Data Breach has been revealed
just a few days after it became known that another cybercriminal
known as "rose87168" has accessed Oracle Cloud's "federated login
infrastructure" and allegedly stolen approximately 6 million
sensitive records potentially affecting more than 140,000 Oracle
Cloud tenants worldwide, asserts the suit.
Oracle, formerly known as Cerner Corporation, is a healthcare
software-as-a-service (SaaS) company offering electronic health
record (EHR) and business operations systems to hospitals and
healthcare organizations.[BN]
The Plaintiff is represented by:
Brandon M. Wise, Esq.
PEIFFER WOLF CARR KANE
CONWAY & WISE
One US Bank Plaza, Suite 1950
St. Louis, MO 63101
Telephone: (314) 833-4825
E-mail: bwise@peifferwolf.com
- and -
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, PLLC
980 N. Michigan Ave., Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: croman@straussborrelli.com
raina@straussborrelli.com
PACIFIC MARITIME: Phillips Labor Suit Removed to N.D. Calif.
------------------------------------------------------------
The case styled JASMINE PHILLIPS, individually and on behalf of all
others similarly situated v. PACIFIC MARITIME ASSOCIATION, SSA
Terminals, LLC; TRAPAC, LLC; APM TERMINALS PACIFIC LLC; APS
STEVEDORING, LLC; BENICIA PORT TERMINAL COMPANY; CERES MARINE
TERMINALS, INC.; CRESCENT CITY MARINE WAYS & DRY DOCK CO., INC.,
FENIX MARINE SERVICES, LTD.; EVERPORT TERMINAL SERVICES INC.;
HARBOR INDUSTRIAL SERVICES CORPORATION; INNOVATIVE TERMINAL
SERVICES, INC.; INTERNATIONAL TRANSPORTATION SERVICE, LLC; KINDER
MORGAN BULK TERMINALS LLC; LBCT LLC; MARINE TERMINALS CORPORATION;
MARINE TERMINALS CORPORATION - EAST; MATSON NAVIGATION COMPANY,
INC.; METROPOLITAN STEVEDORE COMPANY; OCEAN TERMINAL SERVICES,
INC.; PACIFIC CRANE MAINTENANCE COMPANY, LLC; PACIFIC RO-RO
STEVEDORING, LLC; PASHA STEVEDORING & TERMINALS L.P.; PORT
MAINTENANCE GROUP, INC.; TERMINAL EQUIPMENT SERVICES INC.; TOTAL
TERMINALS INTERNATIONAL, LLC; TRANSPAC TERMINAL SERVICES, LLC;
YUSEN TERMINALS LLC; and DOES 1 through 50, inclusive, Case No.
CGC25622431, was removed from the Superior Court of the State of
California for the County of San Francisco to the United States
District Court for the Northern District of California on April 10,
2025.
The Clerk of Court for the Northern District of California assigned
Case No. 3:25-cv-03241 to the proceeding.
The Plaintiff brings this class action against the Defendants for
violations of the California Labor Code and the Industrial Welfare
Commission Wage Orders including unfair competition, failure to pay
minimum wages, failure to pay overtime wages, failure to provide
required meal periods, failure to provide required rest periods,
failure to provide accurate itemized statements, failure to
reimburse employees for required expenses, and failure to pay sick
pay wages.
Pacific Maritime Association is a non-profit organization based in
San Francisco, California.
SSA Terminals, LLC is a trucking solution company doing business in
California.
TraPac, LLC is a container terminal operator doing business in
California.
APM Terminals Pacific LLC is a container terminal operator doing
business in California.
APS Stevedoring, LLC is a container terminal operator doing
business in California.
Benicia Port Terminal Company is a container terminal operator
doing business in California.
Ceres Marine Terminals, Inc. is a container terminal operator doing
business in California.
Crescent City Marine Ways & Dry Dock Co., Inc. is a container
terminal operator doing business in California.
Fenix Marine Services, Ltd. is a container terminal operator doing
business in California.
Everport Terminal Services Inc. is a container terminal operator
doing business in California.
Harbor Industrial Services Corporation is a container terminal
operator doing business in California.
Innovative Terminal Services, Inc. is a container terminal operator
doing business in California.
International Transportation Service, LLC is a container terminal
operator doing business in California.
Kinder Morgan Bulk Terminals LLC is a container terminal operator
doing business in California.
LBCT LLC is a container terminal operator doing business in
California.
Marine Terminals Corporation is a container terminal operator doing
business in California.
Marine Terminals Corporation - East is a container terminal
operator doing business in California.
Matson Navigation Company, Inc. is a container terminal operator
doing business in California.
Metropolitan Stevedore Company is a container terminal operator
doing business in California.
Ocean Terminal Services, Inc. is a container terminal operator
doing business in California.
Pacific Crane Maintenance Company, LLC is a container terminal
operator doing business in California.
Pacific Ro-Ro Stevedoring, LLC is a container terminal operator
doing business in California.
Pasha Stevedoring & Terminals L.P. is a container terminal operator
doing business in California.
Port Maintenance Group, Inc. is a container terminal operator doing
business in California.
Terminal Equipment Services Inc. is a container terminal operator
doing business in California.
Total Terminals International, LLC is a container terminal operator
doing business in California.
Transpac Terminal Services, LLC is a container terminal operator
doing business in California.
Yusen Terminals LLC is a container terminal operator doing business
in California. [BN]
The Defendants are represented by:
Clifford D. Sethness, Esq.
SEYFARTH SHAW LLP
601 South Figueroa Street, Suite 3300
Los Angeles, CA 90017
Telephone: (213) 270-9600
Facsimile: (213) 270-9601
Email: csethness@seyfarth.com
- and -
Kent M. Roger, Esq.
Jesse L. Miller, Esq.
Taylor D. Horn, Esq.
Afshin Najafi, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Telephone: (415) 397-2823
Facsimile: (415) 397-8549
Email: kroger@seyfarth.com
jmiller@seyfarth.com
thorn@seyfarth.com
anajafi@seyfarth.com
PAYSIGN INC: Settles Yilan Securities Suit for $3.75MM
------------------------------------------------------
Paysign, Inc. disclosed in its Form 10-Q for the fiscal year ended
December 31, 2024, filed with the Securities and Exchange
Commission on March 21, 2025, that on January 4, 2024, the United
States District Court for the District of Nevada preliminarily
approved a settlement of a consolidated securities suit in the
amount of $3,750,000. It conducted the final approval hearing and
approved the settlement and, on April 18, 2024, issued an order and
final judgment thereon.
The company has been named as a defendant in "Yilan Shi v. Paysign,
Inc. et. al.," filed on March 19, 2020. The complaint generally
alleged that the company, its CEO Mark R. Newcomer and its former
Chief Financial Officer Mark Attinger violated Section 10(b) of the
Exchange Act, and that they violated Section 20(a) of the Exchange
Act, by making materially false or misleading statements, or
failing to disclose material facts, regarding the company's
internal control over financial reporting and its financial
statements. It sought class action certification, compensatory
damages, and attorney's fees and costs.
On May 18, 2020, this was consolidated. The complaint was filed on
behalf of a class of persons who acquired the company's common
stock from March 19, 2019 through March 31, 2020, inclusive. On
February 9, 2023, the court granted in part and denied in part
defendants' Motion to Dismiss a consolidated case captioned "In re
Paysign, Inc. Securities Litigation." On December 15, 2023, the
parties agreed in principle to a proposed settlement of the
Securities Class Action and Plaintiffs filed a Consented Motion for
Preliminary Approval of Settlement.
On January 4, 2024, the court preliminarily approved a settlement
in the amount of $3,750,000, the entirety of which came from the
Company’s directors-and-officers insurance policy, for the
referenced class of purchasers, and scheduled a final approval
hearing for April 17, 2024. On April 17, 2024, the Court conducted
the final approval hearing and approved the settlement and, on
April 18, 2024, issued an order and final judgment thereon.
Paysign, Inc. is a provider of prepaid card programs, comprehensive
patient affordability offerings, digital banking services and
integrated payment processing designed for businesses, consumers
and government institutions.
PEAK OUTCOMES: Muza Seeks Minimum Wage, OT Under FLSA, NYLL
-----------------------------------------------------------
Sacha Peet and Renee Muza on behalf of themselves and other
similarly situated v. Peak Outcomes, LLC d/b/a Duet Care at Home
Kyle Budinscak in his individual and official capacities, jointly
and/or severally Lauren Gerndt, Kayla Noone, and Denise Bauer, Case
No. 1:25-cv-03262 (S.D.N.Y., April 18, 2025) seeks to recover
unpaid minimum wage, overtime, unlawfully withheld overtime
premium, and statutory penalties for notice-and-recordkeeping
violations for the Plaintiffs Peet and Muza all others similarly
situated pursuant to the Fair Labor Standards Act and the New York
Labor Law.
The Plaintiffs are former hourly employees who worked at
Defendants’ companion care agency until their wrongful
terminations for reporting sexual harassment.
The Defendant is a privately owned home care and companion provider
with offices in New York County.[BN]
The Plaintiff is represented by:
Ria Julien, Esq.
Jeanne Mirer, Esq.
Heather Ramirez, Esq.
JULIEN MIRER & ASSOCIATES, PLLC
300 Cadman Plaza West, 12th floor
New York, NY 10038
Telephone: (212) 231-2235
E-mail: rjulien@julienmirer.com
jmirer@julienmirer.com
hramirez@julienmirer.com
PEPPER GATE: Website Inaccessible to the Blind, Henry Alleges
-------------------------------------------------------------
CONSTANCE HENRY, on behalf of herself and all others similarly
situated v. Pepper Gate Footwear, Inc., Case No. 1:25-cv-03706
(N.D. Ill., April 7, 2025) alleges that the Cedarville failed to
design, construct, maintain, and operate its interactive website,
Alegriashoes.com, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons in
violation of Plaintiff's rights under the Americans with
Disabilities Act and The Rehabilitation Act of 1973, prohibiting
discrimination against the blind.
Because of the Defendant's denial of full and equal access to, and
enjoyment of, the goods, benefits and services of the website,
Plaintiff and the class have suffered an injury-in-fact which is
concrete and particularized and actual and is a direct result of
Defendant's conduct.
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
suit.
Pepper Gate Footwear provides to the public a website known as
Alegriashoes.com which provides consumers with access to an array
of goods and services, including, the ability to view comfortable
and stylish footwear, including boots, sandals, sneakers, heeled
shoes, footbeds and socks.[BN]
The Plaintiff is represented by:
David Reyes, Esq.
Equal Access Law Group PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (630) 478-0856
E-mail: Dreyes@ealg.law
PICTSWEET COMPANY: Santos Labor Suit Removed to C.D. Calif.
-----------------------------------------------------------
The case styled ELEAZAR SANTOS, individually and on behalf of all
others similarly situated v. THE PICTSWEET COMPANY, EXPRESS
SERVICES, INC. DBA EXPRESS PROFESSIONAL SERVICES, and DOES 1
through 10, inclusive, Case No. 24CV00158, was removed from the
Superior Court of the State of California for the County of Santa
Barbara to the United States District Court for the Central
District of California on April 10, 2025.
The Clerk of Court for the Central District of California assigned
Case No. 2:25-cv-03181 to the proceeding.
The Plaintiff brings this class action against the Defendants for
violations of California Labor Code and California's Business and
Professions Code including failure to pay minimum and straight time
wages, failure to pay overtime wages, failure to provide meal
periods, failure to authorize and permit rest periods, failure to
timely pay wages at termination, failure to provide accurate
itemized wage statements, failure to indemnify employees for
expenditures, failure to produce requested employment records, and
unfair business practices.
The Pictsweet Company is a family-owned frozen vegetable business
in California.
Express Services, Inc., doing business as Express Professional
Services, is a human resource services provider doing business in
California. [BN]
The Defendants are represented by:
Christopher J. Archibald, Esq.
Amelia Alvarez, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1920 Main Street, Suite 1000
Irvine, CA 92614
Telephone: (949) 223-7000
Facsimile: (949) 223-7100
Email: christopher.archibald@bclplaw.com
amelia.alvarez@bclplaw.com
- and -
Robert E. Boone III, Esq.
Quincy J. Chuck, Esq.
MASCHOFF BRENNAN GILMORE ISRAELSEN & MAURIEL LLP
100 Spectrum Center Drive, Suite 1200
Irvine, CA 92618
Telephone: (949) 202-1900
Facsimile: (949) 453-1104
Email: rboone@mabr.com
qchuck@mabr.com
PLAKOS SCRAP: Faces Perez Wage-and-Hour Suit in E.D.N.Y.
--------------------------------------------------------
JOSE GAVINO PEREZ, on behalf of himself, individually, and on
behalf of all others similarly situated, Plaintiff v. PLAKOS SCRAP
PROCESSING, INC., and ESTATE OF ALEXANDER PLAGIANAKOS,
individually, and ARISTOTLE PLAGIANAKOS, individually, Defendants,
Case No. 1:25-cv-02064 (E.D.N.Y., April 14, 2025) arises from the
Defendants' alleged unlawful labor practices in violation of the
Fair Labor Standards Act and the New York Labor Law.
This is a civil action for damages and other redress based upon
willful violations that Defendants committed of Plaintiff's rights
guaranteed to him by: (i) the overtime provisions of the FLSA; (ii)
the overtime provisions of the NYLL; (iii) the NYLL's requirement
that employers pay their employees one hour's pay at the minimum
wage rate for any day worked in which the spread of hours exceeds
10; (iv) the NYLL's requirement that employers furnish employees
with a wage statement containing specific categories of accurate
information on each payday; and (v) any other claim(s) that can be
inferred from the facts set forth herein.
The Plaintiff worked for the Defendants as a non-managerial laborer
from 1995 through December 2022.
Plakos Scrap Processing, Inc. is a New York corporation that
operates a scrap metal recycling facility in Brooklyn, New
York.[BN]
The Plaintiff is represented by:
Michael J. Borrelli, Esq.
Alexander T. Coleman, Esq.
Danielle Filacouris, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 205
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
POWERSCHOOL HOLDINGS: Fails to Protect Personal Info, J.R. Says
---------------------------------------------------------------
J.R. and B.R., by and through their parent and guardian Stephanie
Moreno, individually and on behalf of all others similarly
situated, v. PowerSchool Holdings, Inc.; PowerSchool Group LLC; and
Bain Capital, L.P., Case No. 3:25-cv-00932-BEN-MSB (S.D. Cal.,
April 18, 2025) alleges that PowerSchool repeatedly and
systematically failed to implement reasonable, industry-standard
data security practices, maintaining the Private Information under
its control in a negligent and/or reckless manner.
According to the complaint, unbeknownst to its customers or to
millions of end users like Plaintiffs and Class members,
PowerSchool failed to implement even the most basic online security
protocols, including multi-factor authentication and adequate data
encryption.3 4. Between December 19 and December 28, 2024,
cybercriminals deliberately accessed PowerSchool's vulnerable
systems and intentionally exfiltrated valuable, private, and
sensitive Private Information belonging to Plaintiffs and Class
members (the "Data Breach").
PowerSchool's data security measures failed again, as the company
did not detect the infiltration of its systems -- or the
exfiltration of data belonging to Plaintiffs and Class members --
becoming aware of the Data Breach only when the hackers responsible
contacted PowerSchool to demand a ransom.
PowerSchool is a leading provider of cloud-based education
software. Most of PowerSchool's 18,000 customers are K-12 educators
who support over 60 million students worldwide.
PowerSchool's extensive range of software solutions is designed to
help teachers, administrators, and school board officials manage
students and staff, and communicate with minor students and parents
about topics as varied as attendance, behavior problems, grades,
individualized education plans, and college preparation. [BN]
The Plaintiffs are represented by:
Christopher A. Seeger, Esq.
Shauna Itri, Esq.
Alana K. Bevan, Esq.
SEEGER WEISS LLP
55 Challenger Road, Suite 600
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
Facsimile: (973) 639-9393
E-mail: cseeger@seegerweiss.com
sitri@seegerweiss.com
PURPLE INNOVATION: Dalton Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Purple Innovation, LLC, Case No. 0:25-cv-01449 (D.
Minn., April 15, 2025), is brought arising because Defendant's
Website (www.purple.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers furniture and accessories for sale including,
but not limited to mattresses, bed frames, bedding, seat cushions
and more.[BN]
The Plaintiff is represented by:
Jason Gustafson, Esq.
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
THRONDSET MICHENFELDER, LLC
Jason Gustafson (#0403297)
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
chad@throndsetlaw.com
QR JOY: Faces Amiel Over Vapes' Deceptive Marketing Practices
-------------------------------------------------------------
HAYLEY AMIEL, on behalf of herself and all others similarly
situated v. QR JOY, INC., and QR JOY FUME, LLC, Case No.
0:25-cv-60710-WPD (S.D. Fla., April 11, 2025) alleges that
Defendants have marketed and advertised e-cigarettes containing
nicotine, sold under the brand name of Fume, in a misleading and
deceptive manner.
The Plaintiff brought the action on behalf of herself, and all
others similarly situated who purchased Fume electronic cigarettes
(vapes) during the class period
The action challenges the deceptive marketing practices employed by
QR Joy regarding the nicotine strength of Fume vapes. QR Joy's
misleading use of "5%" nicotine labels are intentionally ambiguous
and lack transparency, causing consumers to underestimate the
nicotine potency of these vape products and believe that their use
is unlikely to result in addiction.
QR Joy deliberately targets its marketing toward young people, a
group particularly vulnerable to targeted advertising. This conduct
is deceptive, as individuals under the age of 21 are prohibited
from purchasing e-cigarettes. Despite this legal restriction, young
consumers can easily purchase the product online due to QR Joy's
failure to implement meaningful age verification measures. Many
young users, once exposed, become addicted to nicotine and face
substantial difficulty quitting due to its highly addictive nature,
asserts the suit.
QR Joy is a manufacturer of retail vaping products.[BN]
The Plaintiff is represented by:
Kim E. Richman, Esq.
RICHMAN LAW & POLICY
1 Bridge Street, Suite 83
Irvington, NY 10533
Telephone: (914) 693-2018
E-mail: krichman@richmanlawpolicy.com
- and -
Christopher Leung, Esq.
LEUNG LAW PLLC
1 Dock 72 Way, 7th Fl.
Brooklyn, NY 11205
Telephone: (212) 498-8991
E-mail: chris@impact-lit.com
- and -
Eric S. Medina, Esq.
MEDINA LAW FIRM LLC
1200 N. Federal Highway, Suite 200
Boca Raton, FL 33142
Telephone: (954) 859-2000
Facsimile: (888) 833-9534
E-mail: emedina@medinafirm.com
RASTELLI FOODS: Lewis Sues Over Unlawful Telephonic Calls
---------------------------------------------------------
Adam Lewis, individually and on behalf of all others similarly
situated v. RASTELLI FOODS GROUP, LLC, Case No. CACE-25-005569
(Fla. 17th Judicial Cir. Ct., Broward Cty., April 16, 2025), is
brought for injunctive and declaratory relief, and damages for
violations Of the Caller ID Rules, Fla. Stat. Of the Florida
Telephone Solicitation Act ("FTSA").
In direct contravention of the Caller ID Rules, however, many
callers, such as Defendant, make Telephonic Sales Calls a central
part of their marketing strategy, and in doing so, intentionally
transmit telephone numbers to recipient's Caller ID services that
are not capable of receiving telephone calls.
As such, Plaintiff, brings this action alleging that Defendant
violated the FTSA's Caller ID Rules by transmitting a phone number
that was not capable of receiving phone calls when it made
Telephonic Sales Calls by text message ("Text Message Sales
Calls").
Specifically, Defendant made Text Message Sales Calls that promoted
Rastelli's ("Rastelli's Text Message Sales Calls") and violated the
Caller ID Rules when it transmitted to the recipients' caller
identification services a telephone number that was not capable of
receiving telephone calls, says the complaint.
The Plaintiff is the regular user of a cellular telephone number
that receives Defendant's telephonic sales calls.
Rastelli Foods Group, LLC, is registered as a Foreign Limited
Liability Company.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Phone: (202) 709-5744
Fax: (866) 893-0416
Email: josh@sjlawcollective.com
shawn@sjlawcollective.com
RENT THE RUNWAY: "Sharma" Suit Remains Pending in N.Y.
------------------------------------------------------
On November 14, 2022, a purported stockholder of Rent the Runway,
Inc., filed a putative class action lawsuit in the Eastern District
of New York against the Company, certain of its officers and
directors, and the underwriters of its IPO, entitled Rajat Sharma
v. Rent the Runway, Inc., et al. 22-cv-6935.
The complaint alleges that the defendants violated Sections 11 and
15 of the Securities Act of 1933, as amended, by making allegedly
materially misleading statements, and by omitting material facts
necessary to make the statements made therein not misleading
concerning, inter alia, the Company's growth at the time of the
IPO. The lawsuit seeks, among other things, compensatory damages,
an award of attorneys' fees and costs and such other relief as
deemed just and proper by the court.
On June 8, 2023, the court appointed Delaware Public Employees'
Retirement System and Denver Employees Retirement Plan as lead
plaintiffs. On August 21, 2023, lead plaintiffs filed an amended
complaint against the Company, certain of its officers and
directors, and the underwriters of its IPO. The amended complaint
alleges that defendants violated Sections 11, 12(a)(2) and 15 of
the Securities Act by allegedly making certain false and misleading
statements, and by omitting material facts necessary to make the
statements made therein not misleading, concerning, among other
things, the Company's growth prospects and fulfillment costs at the
time of the IPO. The lawsuit seeks an award of damages, attorney's
fees and costs, and such other relief as the court deems just and
proper.
All defendants moved to dismiss the amended complaint, with the
motion fully briefed as of February 23, 2024.
On September 25, 2024, the court issued an order granting in part
and denying in part defendants' motion to dismiss, dismissing the
claims based on the Company's growth prospects statements but
allowing certain other claims to proceed. On October 9, 2024,
defendants moved for reconsideration of the September 25, 2024
order and/or for certification under 28 U.S.C. Section 1292(b),
which motion was fully submitted as of October 30, 2024.
In response to an application filed by defendants on November 19,
2024, on November 20, the Court issued an order adjourning
defendants' deadline to file an answer to the amended complaint
sine die. The Company intends to vigorously defend itself against
these claims. The Company believes it has meritorious defenses to
the claims asserted in the amended complaint and any liability for
such claims is not currently probable and the potential loss or
range of loss is not reasonably estimable, the Company said in a
Form 10-K report for the fiscal year ended January 31, 2025 filed
with the U.S. Securities and Exchange Commission.
Rent the Runway, Inc. is a shared designer closet with thousands
of
styles by hundreds of brand partners that gives customers access
to
its "unlimited closet" through its subscription offering or the
ability to rent a-la-carte through its reserve offering. The
company's corporate headquarters is located in Brooklyn, New York
and its operational facilities are located in Secaucus, New
Jersey, and Arlington, Texas.
RH: Bleichmar Fonti Investigates Potential Securities Claims
------------------------------------------------------------
Leading securities law firm Bleichmar Fonti & Auld LLP announces an
investigation into RH (NYSE: RH) for potential violations of the
federal securities laws.
If you invested in RH, you are encouraged to obtain additional
information by visiting
https://www.bfalaw.com/cases-investigations/rh.
Why is RH being Investigated?
RH is a retailer and luxury lifestyle brand operating primarily in
the home furnishings market that offers merchandise assortments
across a number of categories, including furniture, lighting,
textiles, bathware, décor, outdoor and garden, and baby, child and
teen furnishings.
During the relevant period, RH announced accelerated demand
"despite operating in the most challenging housing market in 3
decades," and "a higher level of inventory" to be used as "downside
protection." The Company also announced "additional new collections
and an expanded assortment," and stated that due to its "new
collections and improved in-stocks, our demand should continue to
build throughout the second half of 2024."
In truth, RH was facing softening demand and macroeconomic factors
that would require the company to delay its new collections.
The Stock Declines as the Truth is Revealed
On April 2, 2025, RH reported disappointing earnings for FY 2024,
citing "softening demand" in the housing market, an "uncertain
macroeconomic environment," and "excess inventory of $200 to $300
million at cost." The Company also announced that it would be
delaying "a higher amount of new collections . . . due to the
rapidly changing economic outlook." This news caused the price of
RH stock to fall nearly 40%, from $249.35 per share on April 2,
2025 to $149.39 per share on April 3, 2025.
Visit website for more information:
https://www.bfalaw.com/cases-investigations/rh.
What Can You Do?
If you invested in RH you may have legal options and are encouraged
to submit your information to the firm.
All representation is on a contingency fee basis, there is no cost
to you. Shareholders are not responsible for any court costs or
expenses of litigation. The firm will seek court approval for any
potential fees and expenses.
Submit your information by visiting:
https://www.bfalaw.com/cases-investigations/rh
Or contact:
Ross Shikowitz
ross@bfalaw.com
(212) 789-3619
Why Bleichmar Fonti & Auld LLP?
Bleichmar Fonti & Auld LLP is a leading international law firm
representing plaintiffs in securities class actions and shareholder
litigation. It was named among the Top 5 plaintiff law firms by ISS
SCAS in 2023 and its attorneys have been named Titans of the
Plaintiffs' Bar by Law360 and SuperLawyers by Thompson Reuters.
Among its recent notable successes, BFA recovered over $900 million
in value from Tesla, Inc.'s Board of Directors, as well as $420
million from Teva Pharmaceutical Ind. Ltd. [GN]
RISE BRANDS: Anello Sues to Recover Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Nicholas W. Anello and Alexis Motsinger, on behalf of themselves
and all others similarly situated v. RISE BRANDS, INC., PINS
MECHANICAL CO, LLC and PINS MECHANICAL CO - EASTON, LLC, Case No.
2:25-cv-00402-EAS-CMV (S.D. Ohio, April 15, 2025), is brought
against Defendants, who are their employers, in order to recover
unpaid minimum and overtime wages, unlawfully retained tips,
liquidated damages, restitution, attorneys' fees, costs, and all
other damages available under the Fair Labor Standards Act
("FLSA"), the Ohio Minimum Fair Wage Standards Act (the "Ohio Wage
Act"), the Ohio Pay Act ("OPPA"), and the Ohio Constitution, ("Ohio
Constitution") (collectively referred to herein as the "Ohio Wage
Laws').
By paying the Plaintiffs and the other Tip Credit Employees the
requisite minimum wages for these Deep Cleaning Shifts, Defendants
acknowledge that the work performed during these duties is worthy
of minimum wage compensation- Therefore, the same duties performed
during regular shifts should also be compensated at the federally
and state mandated minimum wage. By failing to pay the Plaintiffs
and the other Tip Credit Employees minimum wage for the time spent
performing cleaning tasks during opening and closing, Defendants
willfully engaged in illegal pay practices in violation of the FLSA
and applicable state wage laws, says the complaint.
The Plaintiffs were employed by the Defendants as bartenders.
Rise Brands, Inc. is a domestic for-profit limited liability
company registered and is doing business in the State of Ohio.[BN]
The Plaintiff is represented by:
Robert E. DeRose, Esq.
Anna R. Caplan, Esq.
BARLAN MEILLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Phone: (614) 221-4221
Fax 614-744-2300
Email: bderose@barkanmeizlish.com
acaplan@barkanmeizlish.com
ROBLOX CORP: Collects Children's Personal Info, Garcia Alleges
--------------------------------------------------------------
MICHAEL GARCIA, SALENA GARCIA, AND R.G., a minor by and through her
guardians Michael Garcia and Salena Garcia, on behalf of themselves
and all others similarly situated v. ROBLOX CORPORATION, Case No.
2:25-cv-03476 (C.D. Cal., April 18, 2025) is a class action suit on
behalf of a nationwide class of Roblox users to remedy systemic
privacy violations by Roblox in violations of the Electronic
Communications Privacy Act and the Stored Communications Act as
well as enjoins Roblox's ongoing collection of children's personal
information in violation of the Children's Online Privacy
Protection Act.
Accordingly, unbeknownst to these users (or their parents), Roblox
has been surreptitiously intercepting their electronic
communications and harvesting detailed personal data through covert
tracking code embedded in its website and apps. The data
surveillance begins the moment a user visits or launches Roblox,
even before account login or consent, and continues across
platforms (web, iOS, Android, macOS, Windows) via persistent
identifiers and fingerprinting techniques, says the suit.
Roblox operates a massively popular online gaming platform
frequented by millions of users—including a large percentage of
children under 18.[BN]
The Plaintiffs are represented by:
Morgan D. Ross, Esq.
Robert B. Salgado, Esq.
COUNTERPOINT LEGAL
600 B Street, Ste 1550
San Diego, CA 92101
Telephone: (619) 780-3303
Facsimile: (619) 344-0332
E-mail: morgan@counterpointfirm.com
rsalgado@counterpointfirm.com
RODL MANAGEMENT: Fails to Secure Personal Info, Fuchs Says
----------------------------------------------------------
THOMAS FUCHS, on behalf of himself and all others similarly
situated v. RODL MANAGEMENT, INC. D/B/A RÖDL & PARTNER, Case No.
1:25-cv-01980-MLB (N.D. Ga., April 11, 2025) alleges that the
Defendant failed to properly secure and safeguard sensitive
information of its clients' customers and employees.
As part of its work, Defendant receives information from its
clients in its normal course of business, including Plaintiff's and
Class Members' personally identifiable information.
Accordingly, the Plaintiff's and Class Members' sensitive personal
information -- which they entrusted to Defendant on the mutual
understanding that the Defendant would protect it against
disclosure -- was targeted, compromised and unlawfully accessed due
to the Data Breach. The Defendant collected and maintained certain
personally identifiable information of Plaintiff and the putative
Class Members, who are (or were) customers and/or employees at
Defendant's clients. The PII compromised in the Data Breach
included Plaintiff's and Class Members' full names, dates of birth,
financial account information, and Social Security numbers, says
the suit.
The Defendant is a professional services firm.[BN]
The Plaintiff is represented by:
Casondra Turner, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
E-mail: cturner@milberg.com
ROYAL CUSTOM: Fails to Provide 60 Days' Notice Under WARN Act
-------------------------------------------------------------
CARLOS DE ALVA GAMINO, individually and on behalf of all others
similarly situated v. ROYAL CUSTOM DESIGNS, LLC, Case No.
5:25-cv-00854 (C.D. Cal., April 7, 2025) is a class action
complaint brought under the Worker Adjustment and Retraining
Notification Act and the California Worker Adjustment and
Retraining Notification Act, by Plaintiff, individually and on
behalf of the other similarly situated persons, against Royal
Custom, the employer for purposes of the WARN Acts.
The Defendant operates a facility located at 13951 Monte Vista Ave,
Chino, California ("Facility"), where Plaintiff and the putative
class worked.
On or within 90 days of Feb. 16, 2025, the Defendant made a mass
layoff by, unilaterally and without notice, permanently terminating
over 142 employees at the Facility, without 60 days' advance
written notice to employees, including Plaintiff, as required by
the WARN Acts, says the suit.
Accordingly, on Feb. 7, 2025, the Defendant informed the affected
employees that they would be terminated on or around February 22,
2025.[BN]
The Plaintiff is represented by:
Vess A. Miller, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, Indiana 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
vmiller@cohenmalad.com
- and -
Carly M. Roman, Esq.
STRAUSS BORELLI, PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (972) 263-1100
Facsimile: (872) 263-1109
E-mail: carly@straussborellli.com
RUGSUSA LLC: Faces Preciado Class Suit Over Fake Sales
------------------------------------------------------
Evelin Preciado, individually and on behalf of all others similarly
situated v. RugsUSA, LLC, Case No. 1:25-cv-01243 (D. Colo., April
18, 2025) alleges that RugsUSA uses fake sales despite knowing that
this is illegal and misleading.
According to the complaint, RugsUSA was already sued for using fake
sales in other states. It settled those cases, but continued using
fake sales. Today, RugsUSA continues to use illegal fake sales. It
continues to mislead consumers into believing that they are getting
a sale price -- when in fact consumers are paying full price.
RugsUSA sells and markets rugs and home accessory products online
through the RugsUSA brand and website, www.rugsusa.com. It sells
its products using fake sales, and has used fake sales for years.
Consumers buy RugsUSA products believing that they are getting a
discount, when in fact they are not, asserts the suit.[BN]
The Plaintiff is represented by:
Brent Boos, Esq.
KING & SIEGEL LLP
4793 Tantra Dr.
Boulder, CO 80305
Telephone: (909) 287-4641
E-mail: brent@kingsiegel.com
- and -
Christin Cho, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
simon@dovel.com
- and -
Neal Deckant, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, Floor 32
New York, NY 10019
Telephone: (646) 837-7150
E-mail: deckant@bursor.com
SALIM NATHOO: Breaches Fiduciary Duties, Genesee Suit Alleges
-------------------------------------------------------------
A class action lawsuit has been filed against Salim Nathoo. The
case is captioned as Genesee County Employees Retirement System, et
al. v. Salim Nathoo, et al., Case No. 2025-0346-BWD (Del. Ch.,
April 2, 2025).
The case is assigned to the Hon. Bonnie W. David.
The nature of suit states Breach of Fiduciary Duties.[BN]
Petitioner Alpine Partners (BVI), L.P. is represented by:
Elizabeth A. Sloan, Esq.
Telephone: (302) 252-4432
Facsimile: (215) 864-8999
- and -
Alan Cardenas-Moreno, Esq.
Telephone: (302) 252-4432
Facsimile: (215) 864-8999
Petitioner Quadre Investments, L.P. is represented by:
Mary Thomas, Esq.
Telephone: (302) 647-1203
Petitioner Think India Opportunities Master Fund LP; TIMF LP; and
Think Investments LP are represented by:
Andrew Blumberg, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP-WILMINGTON
500 Delaware Ave Ste 901
Wilmington, DE 19801
Telephone: (302) 364-3603
E-mail: Andrew.Blumberg@blbglaw.com
Respondent Thoughtworks Holding, Inc., is represented by:
Rudolf Koch, Esq.
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
- and -
Matthew W. Murphy. Esq.
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
- and -
John M Otoole, Esq.
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
SCOUT COFFEE: Stracener Suit Seeks Unpaid Wages for Baristas
------------------------------------------------------------
HANNA STRACENER, individually and on behalf of all others similarly
situated, Plaintiff v. SCOUT COFFEE HOUSE, LLC, Defendant, Case No.
4:25-cv-00256-FJG (W.D. Mo., April 10, 2025) is a class action
against the Defendant for wrongfully withheld tips and failure to
pay overtime wages in violation of the Fair Labor Standards Act and
Missouri's Minimum Wage Law, and unjust enrichment.
The Plaintiff was employed by the Defendant as a barista or server
between August 2022 and December 2024.
Scout Coffee House, LLC is a coffee shop operator, located in Blue
Springs, Missouri and Grain Valley, Missouri. [BN]
The Plaintiff is represented by:
Garrett M. Hodes, Esq.
HODES LAW FIRM, LLC
6 Victory Lane, Suite 6
Liberty, MO 64068
Telephone: (816) 222-4338
Facsimile: (816) 931-1718
Email: garrett@hodeslawfirm.com
SHENZHEN SMOORE: Conspires to Fix Vapes' Prices, Redbud Suit Claims
-------------------------------------------------------------------
REDBUD ROOTS INC., individually and on behalf of all others
similarly situated, Plaintiff v. SHENZHEN SMOORE TECHNOLOGY CO.
LTD.; JUPITER RESEARCH LLC; GREENLANE HOLDINGS, LLC; 3WIN CORP.;
and CB SOLUTIONS d/b/a CANNA BRAND SOLUTIONS, Defendants, Case No.
3:25-cv-03221 (N.D. Cal., April 10, 2025) is a class action against
the Defendants for violations of Section 1 of the Sherman Act.
According to the complaint, the Defendants entered into a
continuing horizontal contract, combination and conspiracy to
unreasonably restrain trade and commerce by artificially reducing
or eliminating competition for the pricing of closed cannabis oil
vaporizer systems and components ("Vapes") directly sold to
purchasers in the United States and its territories. Specifically,
Shenzhen Smoore Technology Co. ("Smoore") and each of its
authorized distributors entered into written and signed agreements
to (a) not charge their customers below minimum prices agreed to by
all of the Defendants and (b) not compete for other Defendants'
(including Smoore's) customers. As a result of the Defendants'
conduct, the Plaintiff and the Class paid more for Smoore's Vapes
than they would have absent the Defendants' anticompetitive
conduct.
Redbud Roots Inc. is a cannabis producer, with its principal place
of business in Buchanan, Michigan.
Shenzhen Smoore Technology Co. Ltd. is a producer of closed
cannabis oil vaporizer systems and components based in China.
Jupiter Research LLC is a distributor based in Arizona.
Greenlane Holdings, LLC is a distributor based in Florida.
3Win Corp. is a distributor doing business in Arizona.
CB Solutions, doing business as Canna Brand Solutions, is a
distributor based in Washington. [BN]
The Plaintiff is represented by:
Christopher L. Lebsock, Esq.
HAUSFELD LLP
580 California Street, 12th Floor
San Francisco, CA 94101
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
Email: clebsock@hausfeld.com
- and -
Nathaniel C. Giddings, Esq.
HAUSFELD LLP
1200 17th Street NW, Suite 600
Washington, DC 20036
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
Email: ngiddings@hausfeld.com
- and -
Joshua H. Grabar, Esq.
Julia C. Varano, Esq.
Grabar Law Office
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
Facsimile: (267) 507-6048
Email: jgrabar@grabarlaw.com
jvarano@grabarlaw.com
SILVER STATE: Quinata EFTA Suit Removed to D. Nevada
----------------------------------------------------
The case styled AGATHA CRUZ QUINATA, individually and on behalf of
all others similarly situated v. SILVER STATE SCHOOLS CREDIT UNION,
Case No. A-23-871844-B, was removed from the Eighth Judicial
District Court in Clark County, Nevada, to the United States
District Court for the District of Nevada on April 9, 2025.
The Clerk of Court for the District of Nevada assigned Case No.
2:25-cv-00640 to the proceeding.
The Plaintiff brings this class action against the Defendant for
alleged violations of the Electronic Funds Transfer Act.
Silver State Schools Credit Union is a state-chartered financial
cooperative in Nevada. [BN]
The Defendant is represented by:
Marisa A. Pocci, Esq.
LITCHFIELD CAVO LLP
3993 Howard Hughes Parkway, Suite 100
Las Vegas, NV 89169
Telephone: (702) 949-3100
Facsimile: (702) 916-1776
Email: Pocci@litchfieldcavo.com
- and -
Bryan E. Curry, Esq.
Scott R. Sinson, Esq.
Jennifer N. Abdo, Esq.
LITCHFIELD CAVO LLP
303 W. Madison St., Suite 300
Chicago, IL 60606
Telephone: (312) 781-6677
Facsimile: (312) 781-6630
Email: Curry@LitchfieldCavo.com
Sinson@LitchfieldCavo.com
Abdo@LitchfieldCavo.com
SKOPOS FINANCIAL: Phillipson Files TCPA Suit in N.D. Georgia
------------------------------------------------------------
A class action lawsuit has been filed against Skopos Financial,
LLC. The case is styled as Alexander Phillipson, individually and
on behalf of all others similarly situated v. Skopos Financial,
LLC, Case No. 1:25-cv-02105-WMR (N.D. Ga., April 16, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Skopos Financial, LLC -- https://www.skoposfinancial.com/ --
provides consumer finance services.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
26 Grand Georgian Court
Cartersville, GA 30121
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
SOUTHEAST SERIES: Bravo Sues Over Failure to Secure PII & PHI
-------------------------------------------------------------
Alicia Bravo, individually and on behalf of all others similarly
situated v. Southeast Series of Lockton Companies, LLC, Case No.
4:25-cv-00270-WBG (W.D. Mo., April 15, 2025), is brought arising
out of the recent data breach ("Data Breach") involving Defendant
and its failure to properly secure and safeguard the personally
identifiable information that it collected and maintained as part
of its regular business practices, including Plaintiff's and Class
Members' names and dates of birth (collectively defined herein as
"PII") and health insurance information, which is protected health
information ("PHI", and collectively with PII, "Private
Information") as defined by the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA").
Current and former employees at Defendant's clients are required to
entrust Defendant with sensitive, non-public Private Information,
without which Defendant could not perform its regular business
activities, in order to obtain employment or certain employment
benefits at Defendant's clients. Defendant retains this information
for at least many years and even after the employee-employer
relationship has ended. By obtaining, collecting, using, and
deriving a benefit from the Private Information of Plaintiff and
Class Members, Defendant assumed legal and equitable duties to
those individuals to protect and safeguard that information from
unauthorized access and intrusion.
The Defendant failed to adequately protect Plaintiff's and Class
Members Private Information––and failed to even encrypt or
redact this highly sensitive information. This unencrypted,
unredacted Private Information was compromised due to Defendant's
negligent and/or careless acts and omissions and its utter failure
to protect its clients' employees' sensitive data. Hackers targeted
and obtained Plaintiff's and Class Members' Private Information
because of its value in exploiting and stealing the identities of
Plaintiff and Class Members. The present and continuing risk of
identity theft and fraud to victims of the Data Breach will remain
for their respective lifetimes.
In breaching its duties to properly safeguard its clients'
employees' Private Information and give employees timely, adequate
notice of the Data Breach's occurrence, Defendant's conduct amounts
to negligence and/or recklessness and violates federal and state
statutes, says the complaint.
The Plaintiff and Class Members are current and former employees of
the Defendant's clients.
The Defendant is a company that provides insurance, risk
management, and employee benefits.[BN]
The Plaintiff is represented by:
John F. Garvey, Esq.
Colleen Garvey, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
701 Market Street, Suite 1510
St. Louis, MO 63101
Phone: (314) 390-6750
Email: jgarvey@stranchlaw.com
cgarvey@stranchlaw.com
- and -
J. Gerard Stranch, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Phone: 615/254-8801
Facsimile: 615/255-5419
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Jonathan S. Mann, Esq.
PITTMAN, DUTTON, HELLUMS, BRADLEY & MANN, P.C.
2001 Park Place North, Suite 1100
Birmingham, AL 35203
Phone: (205) 322-8880
Fax: (205) 328-2711
Email: jonm@pittmandutton.com
SOUTHEAST SERIES: Fails to Safeguard Personal Info, Ward Says
-------------------------------------------------------------
BRITTANY WARD and DEVIN CARRASQUILLO, individually and on behalf of
all others similarly situated, Plaintiffs v. SOUTHEAST SERIES OF
LOCKTON COMPANIES, LLC and DOLLAR TREE, INC., Defendants, Case No.
4:25-cv-00255-RK (W.D. Mo., April 10, 2025) is a class action
against the Defendants for negligence/negligence per se, breach of
implied contract, breach of third-party beneficiary contract,
unjust enrichment, declaratory judgment, and negligent selection,
hiring, or retention.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiffs and similarly situated
individuals stored within Southeast Series of Lockton Companies'
computer systems following a data breach on or around November 20,
2024. The Defendants also failed to timely notify the Plaintiffs
and similarly situated individuals about the data breach. As a
result, the private information of the Plaintiffs and Class members
was compromised and damaged through access by and disclosure to
unknown and unauthorized third parties.
Southeast Series of Lockton Companies, LLC is an insurance
brokerage firm, headquartered in Kansas City, Missouri.
Dollar Tree, Inc. is a discount store company, with its principal
place of business located in Chesapeake, Virginia. [BN]
The Plaintiffs are represented by:
Maureen M. Brady, Esq.
MCSHANE & BRADY, LLC
4006 Central Street
Kansas City, MO 64111
Telephone: (816) 888-8010
Facsimile: (816) 332-6295
Email: mbrady@mcshanebradylaw.com
- and -
William B. Federman, Esq.
Kennedy M. Brian, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
Email: wbf@federmanlaw.com
SOUTHEAST SERIES: Nolley Alleges Unauthorized Personal Info Access
------------------------------------------------------------------
STACEY NOLLEY & DANNY NGUYEN, individually and on behalf of all
others similarly situated, Plaintiffs v. SOUTHEAST SERIES OF
LOCKTON COMPANIES, LLC and DOLLAR TREE, INC., Defendants, Case No.
4:25-cv-00254-FJG (W.D. Mo., April 10, 2025) is a class action
against the Defendants for negligence, negligence per se, breach of
implied contract, breach of third-party beneficiary contract,
breach of fiduciary duty, invasion of privacy/intrusion upon
seclusion, unjust enrichment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) and
protected health information (PHI) of the Plaintiffs and similarly
situated individuals stored within Southeast Series of Lockton
Companies' computer systems following a data breach on or around
November 20, 2024. The Defendants also failed to timely notify the
Plaintiffs and similarly situated individuals about the data
breach. As a result, the private information of the Plaintiffs and
Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties.
Southeast Series of Lockton Companies, LLC is an insurance
brokerage firm, headquartered in Kansas City, Missouri.
Dollar Tree, Inc. is a discount store company, with its principal
place of business located in Chesapeake, Virginia. [BN]
The Plaintiffs are represented by:
John F. Garvey, Esq.
Colleen Garvey, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
701 Market Street, Suite 1510
St. Louis, MO 63101
Telephone: (314) 390-6750
Email: jgarvey@stranchlaw.com
cgarvey@stranchlaw.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
4200 Montrose, Ste. 200
Houston, TX 77006
Telephone: (888) 350-3931
Email: lmontgomery@eksm.com
SPOONWOOD INC: Website Inaccessible to the Blind, Hampton Alleges
-----------------------------------------------------------------
PHYLLIS HAMPTON, on behalf of herself and all others similarly
situated v. Spoonwood, Inc., Case No. 1:25-cv-03734 (N.D. Ill.,
April 7, 2025) alleges that the Cedarville failed to design,
construct, maintain, and operate its interactive website,
woodspoon.com, to be fully accessible to and independently usable
by Plaintiff and other blind or visually-impaired persons in
violation of Plaintiff's rights under the Americans with
Disabilities Act and The Rehabilitation Act of 1973, prohibiting
discrimination against the blind.
Because of the Defendant's denial of full and equal access to, and
enjoyment of, the goods, benefits and services of the website,
Plaintiff and the class have suffered an injury-in-fact which is
concrete and particularized and actual and is a direct result of
Defendant's conduct.
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
suit.
Spoonwood provides to the public a website known as Woodspoon.com
which provides consumers with access to an array of goods and
services, including, the ability to view a variety of handcrafted
cherry wood products, including spoons, spatulas, tongs, salad
servers, ladles, spreaders.[BN]
The Plaintiff is represented by:
David Reyes, Esq.
Equal Access Law Group PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (630) 478-0856
E-mail: Dreyes@ealg.law
SSP AMERICA: Cabral Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------
Heriberto Cabral, on behalf of himself and all other persons
similarly situated v. SSP AMERICA LGA, LLC, and SSP AMERICA, INC.,
Case No. 1:25-cv-02118 (S.D.N.Y, April 16, 2025), is brought
pursuant to the Fair Labor Standards Act ("FLSA"), alleges that she
is entitled to recover from Defendants, jointly and severally:
compensation for wages paid at less than the statutory minimum
wage; unpaid wages for overtime work for which she did not receive
overtime premium pay as required by law; and liquidated damages
pursuant to the FLSA, because the Defendants' violations were
willful lacked a good faith basis.
The Plaintiff was working 60 hours per week for Defendants during
that period of his employment by Defendants. The Defendants failed
to pay the Plaintiff for all of the hours he worked during his
employment by Defendants. Instead, Plaintiff received approximately
the same weekly salary every week, for only 40 hours or fewer,
regardless of the exact number of hours Plaintiff worked in a given
week. The Plaintiff never received any overtime pay for any of the
hours he worked in excess of forty hours each week.
The Defendants frequently failed to pay Plaintiff for work he
performed before he clocked in, and for work Plaintiff performed
after he clocked out, work he had been instructed to do by his
supervisor, Rigo Simon. As a result of his not being paid for all
of hours worked during his employment by Defendants, Plaintiff's
effective rate of pay was sometimes below the statutory minimum
wage in effect at relevant times, says the complaint.
The Plaintiff was employed at Saba Live Poultry from January 2021
to October 2021, and again from March 2023 to September 2024.
SSP AMERICA, INC. is a California corporation registered as a
foreign corporation in the State of New York.[BN]
The Plaintiff is represented by:
Michael Samuel, Esq.
THE SAMUEL LAW FIRM
1441 Broadway, Suite 6085
New York, NY 10018
Phone: (212) 563-9884
Email: michael@thesamuellawfirm.com
STEVENS TRUCKING: Faces Sanders Wage-and-Hour Suit in W.D. Okla.
----------------------------------------------------------------
ANTHONY SANDERS, individually and on behalf of all others similarly
situated, Plaintiff v. STEVENS TRUCKING COMPANY, KWS LEASING LLC,
and KENNEY STEVENS, Defendants, Case No. 5:25-cv-00410-SLP (W.D.
Okla., April 10, 2025) is a class action against the Defendants for
failure to reimburse business expenses in violation of Oklahoma
Wage Payment Statute, excessive wage deductions in violation of
Truth-in-Leasing Regulations, and failure to pay proper minimum
wages pursuant to the Fair Labor Standards Act.
The Plaintiff worked for the Defendants as a delivery driver from
approximately February 2023 and November 2024.
Stevens Trucking Company is a trucking company, headquartered in El
Reno, Oklahoma.
KWS Leasing LLC is a rental and leasing services provider,
headquartered in El Reno, Oklahoma. [BN]
The Plaintiff is represented by:
Drew N. Herrmann, Esq.
Pamela G. Herrmann, Esq.
HERRMANN LAW, PLLC
801 Cherry St., Suite 2365
Fort Worth, TX 76102
Telephone: (817) 479-9229
Email: drew@herrmannlaw.com
pamela@herrmannlaw.com
- and -
Harold L. Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Ste. 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
Email: hlichten@llrlaw.com
osavytska@llrlaw.com
T-MOBILE USA: Castillo Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against T-Moble USA, Inc. The
case is styled as Aaron Castillo, on behalf of himself and other
similarly situated v. T-Moble USA, Inc. dba T-Mobile, Case No.
STK-CV-UOE-2025-0005489 (Cal. Super. Ct., San Joaquin Cty., April
16, 2025).
The case type is stated as "Unlimited Civil Other Employment."
T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American
wireless network operator headquartered in Bellevue,
Washington.[BN]
The Plaintiff is represented by:
Roman Shkodnik, Esq.
D.LAW, INC.
880 E. Broadway
Glendale, CA 91205-1218
Phone: 818-962-6465
Fax: 818-962-6469
Email: r.shkodnik@d.law
TESLA INC: Quebec High Court OKs Paint Defects' Class Suit
----------------------------------------------------------
The Superior Court of Quebec has authorized a class action lawsuit
against Tesla to proceed, potentially opening the door for
thousands of Model 3 and Model Y owners in the province to receive
compensation for paint quality issues that have plagued their
vehicles.
The lawsuit was first filed in May 2020 by Jean-François
Bellerose, a Tesla Model 3 owner from Quebec who noticed the black
paint on the rocker panels of his vehicle began chipping and
peeling within just six months of ownership. After raising the
issue with Tesla and being told the repairs would not be covered
under warranty, Bellerose paid out-of-pocket to fix the
damage—nearly $5,000, according to court documents.
In a ruling issued on September 13, 2023, Judge Lukasz Granosik
granted authorization for the case to proceed as a class action.
The approved class includes all individuals and businesses in
Quebec who purchased or leased a new Tesla Model 3 or Model Y
between January 1, 2018 and the date the court notice is published,
and who experienced paint deterioration within the first 48 months
of ownership.
Now a subsequent ruling issued on April 15, 2025, which can be
found at the end of this article, finally allows the case to move
forward to trial, where Tesla could be ordered to reimburse owners
for repair costs and pay additional damages. Specifically, the
lawsuit seeks reimbursement for the cost of paint repairs or
preventive measures like protective film or mud flaps.
Additionally, the suit demands $500 per claimant for moral damages
-- covering the stress and inconvenience caused -- as well as
another $500 for Tesla's alleged failure to disclose the risk of
premature paint degradation.
The legal filing also alleges that Tesla was aware of the problem
when the vehicles were first marketed and sold, but failed to take
proactive steps to notify or compensate affected customers. The
court has not yet made a ruling on the merits of these allegations,
and a trial date has yet to be scheduled.
While the individual compensation amounts vary, the financial
implications for Tesla could be significant. According to the suit,
more than 13,000 Model 3s and over 2,300 Model Ys had been sold in
Quebec as of mid-2021. If Tesla is found liable, the total payout
could reach into the millions.
Tesla, while not admitting liability, appeared to acknowledge the
issue in late 2020 by beginning to offer free mud flaps and paint
protection film (PPF) kits to Canadian owners after Bellerose filed
his lawsuit.
The case will be heard in Montreal, with Services Concilia
appointed by the court to manage the notification process and
opt-out procedures for class members. Those who do not wish to
participate in the lawsuit will be required to submit a formal
opt-out request by a deadline to be set by the court. [GN]
TEXAS WESLEYAN: Fails to Secure Personal Info, Chism Suit Alleges
-----------------------------------------------------------------
Brightstar Chism individually and on behalf of all others similarly
situated v. Texas Wesleyan University, Case No. 4:25-cv-00431-P
(N.D. Tex., April 21, 2025) is a data breach class action against
the Defendant for its failure to adequately secure and safeguard
confidential and sensitive information held throughout the typical
course of business of Plaintiff and the Class.
On Oct. 6, 2023, an unauthorized actor gained access to the
Defendant’s network and computer systems and obtained
unauthorized access to Defendant's files (the Data Breach).
Accordingly, over 1,000 individuals' information was affected by
the Data Breach. The information exposed or otherwise accessed by
an authorized third-party in the Data Breach included the
Plaintiff's and the Class's names, address, date of birth, Social
Security number, financial account number, limited medical
information, passport information, and enrollment data.
The Defendant learned of the Data Breach on or about October 6,
2023. After learning of the incident, Defendant conducted an
investigation and engaged outside cybersecurity professionals and
data privacy counsel. The Defendant, so far, has yet to inform
affected individuals when it completed its investigation or when it
completely learned of the extent of the Data Breach. 7. On or about
January 24, 2024, Defendant notified affected individuals that
their Private Information was impacted in the Data Breach, the suit
says.
Plaintiff Chism is a citizen of Fort Worth, Texas. He received
Defendant’s Notice of Data Breach letter on or about Jan. 24,
2024 from the Defendant.
Texas Wesleyan University is a private Methodist University located
in Forth Worth, Texas. It was formed in 1890. In order to operate
as a higher educational institution, Texas Wesleyan University
obtains and maintains the Private Information, including the PHI,
of Plaintiff and the Class. [BN]
The Plaintiff is represented by:
Bruce W. Steckler, Esq.
Paul D. Stickney, Esq.
STECKLER WAYNE & LOVE PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
Facsimile: (972) 387-4041
- and -
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
THINK SMARTFINANCIAL.COM: Taylor Suit Transferred to S.D. Ohio
--------------------------------------------------------------
The case captioned as Sara Taylor, individually and on behalf of
all others similarly situated v. Think SmartFinancial.com Insurance
Agency, LLC. Case No. 8:25-cv-00264 was transferred from the U.S.
District Court for the Central District of California, to the U.S.
District Court for the Southern District of Ohio on April 16,
2025.
The District Court Clerk assigned Case No. 2:25-cv-00408-SDM-CMV to
the proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Think SmartFinancial.com Insurance Agency, LLC --
https://smartfinancial.com/ -- offers a wide range of insurance
quotes, including auto, home, health, life, commercial, renters,
and Medicare.[BN]
The Plaintiffs are represented by:
Rachel E. Kaufman, Esq.
KAUFMAN PA
400 NW 26th St.
Miami, FL 33127
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
The Defendants are represented by:
Jenna Schneider, Esq.
THOMPSON HINE LLP
Two Alliance Center
3560 Lenox Road NE, Suite 1600
Atlanta, GA 30326
Phone: (404) 541-2900
Fax: (404) 541-2905
Email: jenna.schneider@thompsonhine.com
- and -
Malcolm Scott Young
THOMPSON HINE LLP
312 Walnut Street Suite 2000
Cincinnati, OH 45202-4024
Phone: (513) 352-6617
Fax: (513) 241-4771
Email: scott.young@thompsonhine.com
- and -
Zachary T Page
THOMPSON HINE, LLP
3130 Wilshire Boulevard, Suite 500
Santa Monica, CA 90403
Phone: (310) 998-9100
Fax: (310) 998-9109
Email: zach.page@thompsonhine.com
TIRE STAFFING: Fails to Pay Proper Wages, Aguilar Suit Says
-----------------------------------------------------------
OZNI OTOMAN MEMBRENO AGUILAR, an individual, on behalf of himself
and all other similarly situated employees v. TIRE STAFFING, a
Wyoming corporation; NATIONAL RETAIL TRANSPORTATION, INC., a
Pennsylvania corporation; LEXMONT LOGISTICS INC., a New Jersey
corporation; and DOES 1 through 25, Inclusive, Case No.
2:25-cv-03483 (C.D. Cal., April 18, 2025) is a class action brought
on behalf of Plaintiff and the Class because of the Defendants'
systematic mistreatment of their employees, in violation of
California's wage and hour laws.
The Defendants employ over 100 employees at one distribution
warehouse -- Claimant's former worksite. The Defendants required
Plaintiff and Class members to work without pay for hours or
partial hours in several ways, including but not limited to
refusing to approve and pay for work outside the scheduled 8-hour
work shifts, even though a minimum of 15 minutes was required of
each employee before their shift, asserts the suit.
The Defendants operate a service offering transportation of
merchandise and other goods for various businesses across
California.
Tire Staffing hires staff for NRT and Lexmont, which operate the
front-end operations of the enterprise.[BN]
The Plaintiff is represented by:
Justin Hewgill, Esq.
EMPLOYEE JUSTICE LEGAL GROUP PC
1001 Wilshire Blvd 2nd Floor,
Los Angeles, CA 90017
Telephone: (213) 382-2222;
Facsimile: (213) 382-2230
E-mail: jhewgill@ejlglaw.com
TOTAL SAFETY: Maya Suit Removed to N.D. California
--------------------------------------------------
The case captioned as Horacio Maya, Jr., an individual v. TOTAL
SAFETY U.S., INC., a Delaware corporation; and DOES 1 through 10,
inclusive, Case No. 25CV460080 was removed from the Superior Court
of California, County of Santa Clara, to the United States District
Court for the Northern District of California on April 17, 2025,
and assigned Case No. 3:25-cv-03437.
The Complaint alleges 8 causes of action against Defendant in
connection with the core allegation (which Defendant denies) that,
under California law, Plaintiff was not paid for all hours he
worked. The causes of action are as follows: failure to pay minimum
and straight time wages; failure to pay overtime wages; failure to
provide meal periods; failure to authorize and permit rest periods;
failure to timely pay wages at termination; failure to provide
accurate itemized wage statements; failure to indemnify employees
for expenditures; and, unfair business practices.[BN]
The Defendants are represented by:
Sumy Kim, Esq.
William H. Bohannon, Esq.
O'HAGAN MEYER LLP
One Embarcadero Center, Suite 2100
San Francisco, CA 94111
Phone: 415.604.0124
Email: SKim@ohaganmeyer.com
WBohannon@ohaganmeyer.com
TRAVELPRO PRODUCTS: Garcia Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Silvia Garcia, individually and on behalf of
all other persons similarly situated v. TRAVELPRO PRODUCTS, INC.,
Case No. 25-ST-CV-06905 was removed from the Superior Court of the
State of California, in and for the County of Los Angeles, to the
United States District Court for the Central District of California
on April 17, 2025, and assigned Case No. 2:25-cv-03421.
The Plaintiff alleges that Travelpro "advertises fictitious prices
(and corresponding phantom discounts) on products" that "allows
Travelpro to fabricate a fake 'reference' price, and present the
actual price as 'discounted,' when it is not." The Plaintiff
further alleges that Travelpro's sales tactics "are intended to
mislead customers into believing that they are getting a bargain by
buying products from Travelpro on sale and at a substantial and
deep discount." The Plaintiff alleges Travelpro "knows that the
prices for the Product are fake and artificially inflated and
intentionally uses them in its deceptive pricing scheme on its
Website to increase sales and profits by misleading consumers to
believe that they are buying products at a substantial
discount."[BN]
The Defendants are represented by:
Ellen S. Robbins, Esq.
AKERMAN LLP
633 West Fifth Street, Suite 6400
Los Angeles, CA 90071
Phone: (213) 688-9500
Facsimile: (213) 627-6342
Email: ellen.robbins@akerman.com
TRUE RELIGION APPAREL: Nuri Suit Removed to W.D. Washington
-----------------------------------------------------------
The case captioned as Tamana Nuri, on her own behalf and on behalf
of others similarly situated v. TRUE RELIGION APPAREL, INC. and
TRUE RELIGION SALES, LLC, Case No. 25-2-07593-1 SEA was removed
from the King County Superior Court, to the United States District
Court for the Western District of Washington on April 16, 2025, and
assigned Case No. 2:25-cv-00690.
The Plaintiff alleges that True Religion violated Washington's
Consumer Protection Act ("CPA") and Commercial Electronic Mail Act
("CEMA") by sending marketing emails to Washington consumers with
allegedly false and misleading subject lines. The Plaintiff seeks
statutory and exemplary damages, injunctive relief, and attorneys'
fees and costs.[BN]
The Defendants are represented by:
Rachael E. Clark, Esq.
Patricia Brum, Esq.
SNELL & WILMER L.L.P.
600 University Street, Suite 310
Seattle, WA 98101
Phone: 206.741.1420
Email: reclark@swlaw.com
pbrum@swlaw.com
ULTRAHUMAN HEALTHCARE: Faces Suit Over Blind-Inaccessible Website
-----------------------------------------------------------------
JUSTIN BULLOCK, Individually and as the representative of a class
of similarly situated persons v. ULTRAHUMAN HEALTHCARE LLC, ALPHA
WAVE GLOBAL, LP, STEADVIEW CAPITAL MANAGEMENT LLC, and NEXUS
VENTURES MANAGEMENT, LLC, Case No. 1:25-cv-02864 (S.D.N.Y., April
7, 2025) contends that the Defendant failed to design, construct,
maintain, and operate their website, www.ultrahuman.com, to be
fully accessible to and independently usable by the Plaintiff and
other blind or visually-impaired persons, in violation of the
Americans with Disabilities Act.
Accordingly, the Defendants are denying blind and visually-impaired
persons throughout the United States with equal access to the goods
and services Ultrahuman provides to their non-disabled customers
through www.ultrahuman.com.
The Defendants' denial of full and equal access to its website, and
therefore denial of its products and services offered, and in
conjunction with its physical locations, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act, the
suit alleges.
The Plaintiff seeks a permanent injunction to cause a change in Dos
Hombres policies, practices, and procedures so that the 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.
Mr. Bullock is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
Ultrahuman.com provides to the public a wide array of the goods,
services, price specials, employment opportunities and other
programs.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
UNIFIED DOOR: Vanover Suit Seeks Installers' Unpaid Overtime Wages
------------------------------------------------------------------
SHANE VANOVER and AUSTEN ROBERTS, individually and on behalf of all
others similarly situated, Plaintiffs v. UNIFIED DOOR COMPANIES,
L.L.C., and UNIFIED DOOR COMPANIES, L.L.C. D/B/A HICKLIN DOOR
SERVICES, Defendants, Case No. 4:25-cv-00133-SHL-SBJ (S.D. Iowa,
April 10, 2025) is a class action against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Plaintiffs have been employed by the Defendants as installers.
Unified Door Companies, L.L.C. is a company that provides garage
door repair, installation, and maintenance, with its principal
office out of Sioux City, Iowa.
Unified Door Companies, L.L.C., doing business as Hicklin Door
Services, is a company that provides garage door repair,
installation, and maintenance, located in Des Moines, Iowa. [BN]
The Plaintiffs are represented by:
Emily Schott Hood, Esq.
RUSH & NICHOLSON, P.L.C.
P.O. Box 637
Cedar Rapids, IA 52406
Telephone (319) 363-5209
Facsimile (319) 363-6664
Email: emily@rushnicholson.com
UNITED STATES: Faces Pasula Over Termination of Students' Status
----------------------------------------------------------------
MANIKANTA PASULA, LIKHITH BABU GORRELA, THANUJ KUMAR GUMMADAVELLI,
HANGRUI ZHANG, and HAOYANG AN, on behalf of themselves and all
those similarly situated v. U.S. DEPARTMENT OF HOMELAND SECURITY;
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT, BOSTON FIELD OFFICE; U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT, MANCHESTER SUB-FIELD OFFICE; KRISTI NOEM,
Secretary of the Department of Homeland Security; TODD LYONS,
Acting Director of the Immigration and Customs Enforcement, Case
No. 1:25-cv-00156-JL-TSM (D.N.H., April 18, 2025) challenges the
Defendants' termination of student status.
The suit alleges that the Defendants unilaterally terminating the
F-1 student status of hundreds, if not thousands, of international
students and Optional Practical Training (OPT) participants
throughout the United States and then reflecting that termination
in the SEVIS [Student and Exchange Visitor Information System]
system.
As of April 10, 2025, NAFSA: Association of International Educators
estimated that more than 800 international students' and
scholars’ status in the SEVIS system had been terminated
nationwide. This number has grown rapidly since then. Inside Higher
Ed estimates that, as of April 17, 2025, over 240 colleges and
universities have identified 1,480-plus international students and
recent graduates who have had their legal status changed, asserts
the Court.
Accordingly, while the Defendants' reasons for these mass
terminations of student status are unclear, what is clear is that,
these terminations—across the board—flout the applicable
regulations governing student status termination (see 8 C.F.R. §
214.1(d)) and the regulations governing failure to maintain student
status.
Plaintiffs Manikanta Pasula, Likhith Babu Gorrela, Thanuj Kumar
Gummadavelli, Hangrui Zhang, Haoyang An, and the proposed class
members are students affiliated with educational institutions in
New Hampshire, Maine, Massachusetts, Rhode Island, and Puerto Rico
affected by Defendants’ unilateral and unlawful termination of
F-1 student status.
U.S. Department of Homeland Security (DHS) is the federal agency
responsible for F-1 student status management and is an agency
within the meaning of the APA.
U.S. Immigration and Customs Enforcement (ICE) is the federal
agency responsible for F-1 student status management and is an
agency within the meaning of the APA 5 U.S.C. section 551(1).[BN]
The Plaintiff is represented by:
Ronald L. Abramson, Esq.
SHAHEEN & GORDON P.A.
180 Bridge Street
Manchester, NH 03104
Telephone: (603) 792-8472
E-mail: rabramson@shaheengordon.com
- and -
Carol Garvan, Esq.
Zachary L. Heiden, Esq.
Heather Zimmerman, Esq.
AMERICAN CIVIL LIBERTIES UNION OF
MAINE FOUNDATION
P.O. Box 7860
Portland, Maine 04112
Telephone: (207) 619-8687
E-mail: cgarvan@aclumaine.org
heiden@aclumaine.org
hzimmerman@aclumaine.org
- and -
Lynette Labinger, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF RHODE ISLAND
128 Dorrance Street, Box 710
Providence, RI 02903
Telephone: (401) 465-9565
E-mail: LL@labingerlaw.com
- and -
Henry Klementowicz, Esq.
SangYeob Kim, Esq.
Chelsea Eddy, Esq.
AMERICAN CIVIL LIBERTIES UNION OF
NEW HAMPSHIRE FOUNDATION
18 Low Avenue
Concord, NH 03301
Telephone: (603) 227-6678
E-mail: gilles@aclu-nh.org
henry@aclu-nh.org
sangyeob@aclu-nh.org
chelsea@aclu-nh.org
- and -
Fermin L. Arraiza-Navas, Esq.
AMERICAN CIVIL LIBERTIES UNION
PUERTO RICO CHAPTER
Union Plaza, Suite 1105
416 Avenida Ponce de Leon
San Juan, Puerto Rico 00918
Telephone: (787) 753-9493
E-mail: farraiza@aclu.org
UNIVERSITY OF CHICAGO: Bishop Alleges Blind-Inaccessible Website
----------------------------------------------------------------
CEDRIC BISHOP, on behalf of himself and all other persons similarly
situated v. THE UNIVERSITY OF CHICAGO, Case No. 1 e 1:25-cv-03001
(S.D.N.Y., April 11, 2025) contends that the Defendant failed to
design, construct, maintain, and operate its interactive website,
https://athletics.uchicago.edu, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, in violation of the Americans with
Disabilities Act.
According to the complaint, the Plaintiff has visited the Website
on separate occasions using the JAWS screen-reader. During the
Plaintiff's visits to the Website, the last occurring on February
4, 2025, in an attempt to purchase a UC Short Sleeve T Shirt, from
Defendant, and to view the information on the Website, the
Plaintiff encountered multiple access barriers that denied
Plaintiff a shopping and recreational experience similar to that of
a sighted person and full and equal access to the goods and
services offered to the public and made available to the public;
and that denied Plaintiff the full enjoyment of the goods, and
services of the Website by being unable to purchase a UC Short
Sleeve T Shirt, as well as other products available online and to
ascertain information relating to Defendant's: athletics, sports
teams, schedule of team games, roster of team participants, game
statistics, team news, purchasing admission tickets for team
sporting events, viewing videos of team sporting events, website
terms and conditions, and the sale of online retail goods like
college and team merchandise such as T shirts, sweat shirts, hats
and other apparel, as well as other type of goods, pricing, return,
privacy and shipping terms.
Mr. Bishop is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant operates the UChicago online interactive Website and
retail store across the United States.[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
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
VERMONT'S ORIGINAL: Blind Users Can't Access Website, Thorne Says
-----------------------------------------------------------------
BRAULIO THORNE, individually and on behalf of all others similarly
situated, Plaintiff v. VERMONT'S ORIGINAL, LLC, Defendant, Case No.
1:25-cv-02999 (S.D.N.Y., April 10, 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://bagbalm.com/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: lack of alternative text (alt-text), empty links that
contain no text, redundant links, and linked images missing
alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Vermont's Original, LLC is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Michael@Gottlieb.legal
Dana@Gottlieb.legal
WALKER FOODS: Casillas Suit Removed to C.D. California
------------------------------------------------------
The case captioned as Diego Casillas, individually, and on behalf
of all others similarly situated v. WALKER FOODS, INC., a
California corporation; and DOES 1 through 10, inclusive, Case No.
25STCV07211 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for the Central District of California on April 16, 2025, and
assigned Case No. 2:25-cv-03345.
This notice of removal is made pursuant to 28 U.S.C. Section 1331,
1441 and 1446, and is made on the basis of original federal subject
matter jurisdiction under the Labor Management Relations Act
("LMRA"), codified in relevant part at 29 U.S.C. Section 185; and
supplemental jurisdiction.[BN]
The Defendants are represented by:
Renee N. Noy, Esq.
Gian A. Ryan, Esq.
George P. Albutt, Esq.
WORKWISE LAW, PC
23945 Calabasas Road, Suite 200
Calabasas, CA 91302
Phone: (818) 591-6724
Facsimile: (818) 564-6900
Email: renee@workwiselaw.com
gian@workwiselaw.com
george@workwiselaw.com
WELLBOTS INC: Rubio Files TCPA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Wellbots Inc. The
case is styled as Abel Rubio, individually and on behalf of all
others similarly situated v. Wellbots Inc., Case No. 1:25-cv-03110
(S.D.N.Y., April 15, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Wellbots -- https://www.wellbots.com/ -- is the leading online
retailer of Smart Products in the US.[BN]
The Plaintiff is represented by:
Zane Charles Hedaya, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
1515 NE 26th St.
Fort Lauderdale, FL 33305
Phone: (813) 340-8838
Email: zane@jibraellaw.com
WORLDWIDE FLIGHT: Snipes Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Terry Snipes, an individual, on behalf of
himself and all others similarly situated v. WORLDWIDE FLIGHT
SERVICES, INC., a Delaware Corporation; WFS EXPRESS, INC., a
Delaware Corporation and DOES 1-50, Inclusive, Case No.
CGC-25-622515 was removed from the Superior Court of California,
County of San Francisco, to the United States District Court for
the Northern District of California on April 17, 2025, and assigned
Case No. 4:25-cv-03412-DMR.
The Complaint purports to state causes of action for: failure to
pay minimum and/or regular wages; failure to pay overtime wages;
failure to provide meal periods; failure to provide rest periods;
failure to furnish timely and accurate wage statements; failure to
reimburse business expenses; failure to pay all wages due upon
termination; and violation of California' Unfair Competition Law
(Business & Professions Code).[BN]
The Defendants are represented by:
James C. Fessenden, Esq.
Lauren M. Guggisberg, Esq.
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1100
San Diego, CA 92121
Phone: (415)597-9600
Facsimile: (415)597-9601
Email: jfessenden@fisherphillips.com
lguggisberg@fisherphillips.com
- and -
Landon R. Schwob, Esq.
FISHER & PHILLIPS LLP
444 South Flower Street, Suite 1500
Los Angeles, CA 90071
Phone: (213) 330-4500
Facsimile: (213) 330-4501
Email: lschwob@fisherphillips.com
- and -
Lirit A. King, Esq.
FISHER & PHILLIPS LLP
21600 Oxnard Street, Suite 650
Woodland Hills, CA 91367
hone: (818) 230-4250
Facsimile: (818) 230-4251
Email: lking@fisherphillips.com
WYNN MA: Fails to Send Notice of Gambling Wins, Losses, Suit Says
-----------------------------------------------------------------
Dr. Gregory Katopodis, Alan Casso, and Kim Joyal on behalf of
themselves and all others similarly situated, Plaintiffs v. Wynn
MA, LLC, d/b/a Wynn Resorts, Defendant, Case No. _________ (Mass.
Super., Suffolk Cty., April 14, 2025) is a class action brought on
behalf of named Plaintiffs and all persons similarly situated
seeking redress for the unfair and deceptive acts and practices of
the Defendant in violation of Section 9 of Chapter 93A of the
Massachusetts General Laws.
According to the complaint, the Defendant has willfully and
knowingly refused to send Plaintiffs and other reward cardholders
notice of their gambling wins and losses in a manner that satisfies
its obligations under Massachusetts laws and regulations enacted
pursuant thereto. As a result, those patrons -- the Class -- have
never received the information they are entitled to receive and
gambled after having been deprived of the ability to make informed
decisions thereby causing them injury independent of the violation
of the law.
The injury has resulted in damage to the Plaintiffs and the Class.
The Defendant's conduct has deliberately thwarted the legislative
and regulatory framework that was designed to protect the patrons
of Commonwealth casinos from becoming compulsive gamblers, says the
suit.
Wynn MA, LLC, d/b/a Wynn Resorts, is the entity that owns and
operates the Encore Boston Harbor property. This subsidiary is part
of the larger Wynn Resorts, Limited, a public company that develops
and operates high-end hotels and casinos.[BN]
The Plaintiffs are represented by:
Jonathon D. Friedmann, Esq.
Eric J. Walz, Esq.
Casey A. Sack, Esq.
RUDOLPH FRIEDMANN LLP
92 State Street
Boston, MA 02109
Telephone: (617) 723-7700
Facsimile: (617) 227-0313
E-mail: jfriedmann@rflawyers.com
ewalz@rflawyers.com
csack@rflawyers.com
ZENAS BIOPHARMA: Buathongsri Sues Over Securities Act Violations
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Nopphol Buathongsri, Individually and On Behalf of All Others
Similarly Situated v. ZENAS BIOPHARMA, INC. LEON O. MOULDER, JR.,
JENNIFER FOX, PATRICIA ALLEN, JAMES BOYLAN, PATRICK ENRIGHT, TOMAS
KISELAK, HONGBU LU, PH.D, JAKE NUNN, JOHN ORLOFF, M.D., TING XIAO,
MORGAN STANLEY & CO. LLC, JEFFERIES LLC, CITIGROUP GLOBAL MARKETS,
INC., GUGGENHEIM SECURITIES, LLC, Case No. 1:25-cv-10988 (D. Mass.,
April 16, 2025), is brought as a securities class action on behalf
of persons who purchased or otherwise acquired Zenas BioPharma
securities pursuant and/or traceable to the registration statement
and related prospectus (collectively, the "Registration Statement")
issued in connection with Zenas BioPharma's September 2024 initial
public offering (the "IPO" or "Offering") and suffered compensable
damages caused by Defendants' violations of the Securities Act of
1933 (the "Securities Act").
On September 13, 2024, Defendants held the IPO, offering 13,235,294
million shares to the investing public at $17.00 per share By the
commencement of this action, Zenas BioPharma's shares trade below
its IPO price. As a result, investors were damaged. On August 22,
2024, Zenas BioPharma filed with the SEC a Registration Statement
on Form S-1, which in combination with a subsequent amendment on
Form S-1/A, and which was declared effective by the SEC on
September 12, 2024, would be used for the IPO. On September 13,
2024, Zenas BioPharma filed with the SEC its final prospectus for
the IPO on Form 424B4 (the "Prospectus"), which forms part of the
Registration Statement. In the IPO, Zenas BioPharma sold 13,235,294
shares at $17.00 per share.
The Registration Statement was negligently prepared and, as a
result, contained untrue statements of material facts or omitted to
state other facts necessary to make the statements made not
misleading, and was not prepared in accordance with the rules and
regulations governing its preparation.
The statement was materially false and/or misleading because it
misrepresented and failed to disclose the following adverse facts
pertaining to the Company's business, operational and financial
results. Specifically, the Registration Statement contained false
and/or misleading statements and/or failed to disclose that: (1)
Zenas BioPharma materially overstated the amount of time that it
would be able to fund its operations using existing cash and
expected net proceeds from the IPO; and (2) as a result,
Defendants' public statements were materially false and misleading
at all relevant times and negligently prepared.
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 purchased the Company's securities pursuant and/or
traceable to the IPO and was damaged thereby.
Zenas BioPharma purports to be a "clinical stage global
biopharmaceutical company committed to being a leader in the
development and commercialization of transformative
immunology-based therapies for patients in need."[BN]
The Plaintiff is represented by:
Joshua Baker, Esq.
THE ROSEN LAW FIRM, P.A.
101 Greenwood Ave., Suite 440
Jenkintown, PA 19046
Phone: (215) 600-2817
Fax: (212) 202-3827
- and -
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: lrosen@rosenlegal.com
philkim@rosenlegal.com
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