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250523.mbx C L A S S A C T I O N R E P O R T E R Friday, May 23, 2025, Vol. 27, No. 103 Headlines APELLIS PHARMACEUTICALS: Peleckas Appeals Securities Suit Dismissal APPLE INC: Feldt Sues Over Deceptive iPhone 16 Smartphone's Ads ASCENSION HEALTH: Gardner Sues Over Unprotected Private Data BARCLAYS PLC: Puchtler Appeals Amended Suit Dismissal to 2nd Cir. BIMBO BAKERIES: Igwenagu and Hastings Seek Proper Overtime Wages BLACKBOX MANAGEMENT: Website Inaccessible to the Blind, Hedges Says CARTER'S RETAIL: Website Inaccessible to the Blind, Dalton Alleges CLEVELAND COUNTY: Conner Appeals Summary Judgment Order to 4th Cir. CORCEPT THERAPEUTICS: Settles Shareholder Suit over SEC Disclosures D2 LLC: Jackson Seeks to Recover Unpaid Overtime Wages DNC TRAVEL: Mendoza Seeks More Time to File Class Cert Bid DUNCAN REGIONAL: Discloses Patients' Private Info, Hodge Alleges EARTHHERO.COM LLC: Fernandez Sues Over Website Inaccessibility FARMERS INSURANCE: Filing for Class Certification Due Jan. 5, 2026 FEDERAL ENERGY: Montana-Dakota Utilities Appeals FERC's Order FLORENCE SONS: Hernandez Seeks to Recover Unpaid Overtime FOODSTATE INC: Website Inaccessible to the Blind, Fernandez Claims FORD MOTOR: Frankowski Sues Over Defective Fuel Injectors GIORGIO ARMANI: Discovery Cutoff Deadline Until June 30 Sought HATASHITA ENTERPRISES: Fernandez Sues Over Inaccessible Website IF BOUTIQUE: Cantwell Sues Over Blind-Inaccessible Website IGK LLC: Alexandria Seeks Equal Website Access for Blind Users IVELEY LLC: Website Inaccessible to Blind Users, Vega Says JEWEL FOOD: Foster Files 7th Circuit Appeal in COBRA Suit JJF MANAGEMENT: Frolo Sues Over Private Data Breach JJJ RESTAURANT: Settles FLSA Case for $38,374 JOE'S SPORTING: Fernandez Sues Over ADA Non-Compliant Website KALEIDA HEALTH: Class Fact Discovery in Cleary Due Oct. 31 KELLY & ASSOCIATES: Faces Day Suit Over Private Data Breach MAK ANESTHESIA: Faces Gilbert Suit Over Unprotected Private Info MISSION CEVICHE: Parties Must File Class Status Update by July 24 NEWPORT GROUP: Wade Suit Seeks Class Certification OHANA MILITARY: Camp Suit Seeks to Certify Class Action OHANA MILITARY: Powell Suit Seeks to Certify Class Action ON SEMICONDUCTOR: Faces Hubacek Suit over SiC Business ORTHOFIX MEDICAL: Continues to Defend Bernal Securities Class Suit PARAGON 28 INC: Faces Tiedt Suit in Colorado ROBINHOOD MARKETS: Deeney Sues Over Unlawful Cash Sweep Program ROUSE SERVICES: Inflates Rental Prices, Dwight Roberts Alleges SALIDA HOSPITAL: Fails to Pay Proper Wages, Herndon Suit Alleges SOUND ENCLAVE: General Pretrial Management Entered in Hedges Suit TWITTER INC: Must Oppose Class Cert. Bid in Osborn by July 11 UNIVERSITY OF UTAH: Fitzgerald Sues Over Labor Law Violations VOLATO INC: Gray Plaintiffs Seek Leave to File Class Cert Reply WANG CYNERGY: Faces Layne Suit Over Blind-Inaccessible Website WELLS FARGO: Elgin Sues Over Denial of Mortgage Forbearance WHC WORLDWIDE: Faces Garrett et al. Disability Discrimination Suit WOLVERINE FUELS: Jones Sues Over Failure to Pay Overtime ZOOMINFO TECHNOLOGIES: Bid to Strike Class Allegations Tossed Asbestos Litigation ASBESTOS UPDATE: Chemours Has 800 Pending PI Lawsuits at March 31 ASBESTOS UPDATE: Constellation Energy Has $125MM Est. Liabilities ASBESTOS UPDATE: Coty Inc. Defends Product Liability Actions ASBESTOS UPDATE: Crown Cork Defends 300 New Exposure Claims ASBESTOS UPDATE: Curtiss-Wright Faces Exposure Lawsuits ASBESTOS UPDATE: Duke Energy Carolinas Has $387MM Reserves ASBESTOS UPDATE: Everest Group Reports $206MM Net Loss Reserves ASBESTOS UPDATE: Freeport-McMoRan Reports $448MM Litigation Reserve ASBESTOS UPDATE: Goodyear Tire Defends Personal Injury Lawsuits ASBESTOS UPDATE: Int'l. Paper Records $100MM Liability at March 31 ASBESTOS UPDATE: Merck & Co. Has 500 Pending Cases as of March 31 ASBESTOS UPDATE: MRC Global Faces 1,034 PI Claims as of March 31 ASBESTOS UPDATE: ODP Corp. Estimates $25MM Contingent Liabilities ASBESTOS UPDATE: Olin Accrues $17.1MM Liabilities at March 31 ASBESTOS UPDATE: Paramount Global Has 17,720 Pending Claims ASBESTOS UPDATE: Park-Ohio Holdings Defends 109 Exposure Cases ASBESTOS UPDATE: Perrigo Co. Defends 180 Product Liability Lawsuits ASBESTOS UPDATE: Pfizer Inc. Defends Personal Injury Lawsuits ASBESTOS UPDATE: U. S. Steel Faces 970 Active Cases as of March 31 ********* APELLIS PHARMACEUTICALS: Peleckas Appeals Securities Suit Dismissal ------------------------------------------------------------------- RAY PELECKAS, et al. are taking an appeal from a court order dismissing their lawsuit entitled In Re: Apellis Pharm., Inc. Securities Litigation, Case No. 1:24-cv-11470-JEK, in the U.S. District Court for the District of Massachusetts. In this putative class action, the Plaintiffs allege that Defendants Apellis Pharmaceuticals, Inc. and its Chief Executive Officer, Dr. Cedric Francois, made materially misleading omissions during two phase three clinical trials of its drug, SYFOVRE, in violation of sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5. Apellis is a biopharmaceutical company that developed SYFOVRE to treat geographic atrophy, an advanced form of age-related macular degeneration that can cause blindness. Ray Peleckas and Michigan Laborers' Pension Fund were appointed as Lead Plaintiffs in October 2023. The Lead Plaintiffs and putative class members purchased Apellis's stock between January 28, 2021 and July 28, 2023. They principally challenge the Defendants' statements that there were no reported cases of retinal vasculitis -- a severe inflammation of retinal blood vessels -- during the clinical trials. Conceding that those statements were accurate, the Plaintiffs contend that the statements were nonetheless fraudulent because the Defendants simultaneously omitted material information about how frequently Apellis was testing for retinal vasculitis and that its clinical trial protocol was allegedly inadequate to detect the condition. On June 12, 2024, the Defendants filed a motion to dismiss for failure to state a claim. The Defendants contend that the Plaintiffs do not adequately allege that the specified omissions were materially misleading to investors under the heightened pleading standards of Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act of 1995 and that the Plaintiffs' allegations do not give rise to a strong inference of scienter. On Mar. 17, 2025, Judge Julia E. Kobick entered an Order granting the Defendants' motion to dismiss with prejudice and without leave to amend. The Plaintiffs' failure to plead sufficient facts to establish a materially misleading omission or a strong inference of scienter requires dismissal of their section 10(b) and Rule 10b-5 claim, ruled the Court. And, without a viable underlying section 10(b) and Rule 10b-5 claim, the Plaintiffs' section 20(a) claim against Dr. Francois must also be dismissed. The appellate case is captioned In Re: Apellis Pharm., Inc. Securities Litigation, Case No. 25-1383, in the United States Court of Appeals for the First Circuit, filed on April 22, 2025. [BN] Plaintiffs-Appellants RAY PELECKAS, et al., on behalf of themselves and all others similarly situated, are represented by: Alan Ellman, Esq. Mark T. Millkey, Esq. Robert Michael Rothman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 S. Service Rd., Ste. 200 Melville, NY 11747 Telephone: (619) 231-1058 (631) 367-7100 - and – Ryan M. Ernst, Esq. BIELLI & KLAUDER, LLC 1204 N. Market St. Wilmington, DE 19801 Telephone: (302) 321-5411 - and – Theodore Michael Hess-Mahan, Esq. HUTCHINGS BARSAMIAN MANDELCORN LLP 110 Cedar St., Ste. 250 Wellesely Hills, MA 02481 Telephone: (781) 431-2231 - and – Joseph Alexander Hood, II, Esq. Jeremy Alan Lieberman, Esq. Michael J. Wernke, Esq. POMERANTZ LLP 600 3rd Ave. New York, NY 10016 Telephone: (212) 661-1100 Defendants-Appellees APELLIS PHARMACEUTICALS, INC., et al. are represented by: Raymond J. DiCamillo, Esq. Jeffrey L. Moyer, Esq. Puja Upadhyay, Esq. RICHARDS, LAYTON & FINGER, PA One Rodney Sq. 920 N King Street Wilmington, DE 19801 Telephone: (302) 658-6541 (302) 651-7603 - and – Daniel W. Halston, Esq. Peter J. Kolovos, Esq. WILMERHALE LLP 60 State St. Boston, MA 02109 Telephone: (617) 526-6654 (617) 526-6493 - and – Edward Welles Hasen, Esq. Daniel Willey, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 60 State St. Boston, MA 02109 Telephone: (617) 526-6169 (617) 526-6007 APPLE INC: Feldt Sues Over Deceptive iPhone 16 Smartphone's Ads --------------------------------------------------------------- SKYLER MAMONE FELDT, on behalf of himself and all others similarly situated, Plaintiff v. APPLE INC., Defendant, Case No. 2:25-cv-00353 (D. Utah, May 5, 2025) arises from Apple's deceptive and misleading advertising campaign on the AI capabilities of the iPhone 16. To capitalize on consumer demand for AI, in 2024 Apple embarked on a campaign to tout the capabilities of "Apple Intelligence," a suite of AI features to be integrated in its forthcoming operating systems and products, including the iPhone 16 lineup. However, the Plaintiff and members of the proposed Class purchased models of the iPhone 16 but did not receive the AI features Apple promised them, causing financial harm and loss of the benefit of the bargain. Accordingly, the Plaintiff now brings this class action and asserts that Apple has violated the Utah Consumer Sales Practice Act by misrepresenting the characteristics and benefits of the iPhone 16, failing to deliver on its promises, and not adequately disclosing the delays in feature availability. Headquartered in Cupertino, CA, Apple Inc. is a multinational technology company known for its consumer electronics, software, and services, including products like iPhones, iPads, and Mac computer. [BN] The Plaintiff is represented by: Raphael Janove, Esq. JANOVE PLLC 500 7th Avenue, 8th Floor New York, NY 10018 Telephone: (646) 347-3940 E-mail: raphael@janove.law ASCENSION HEALTH: Gardner Sues Over Unprotected Private Data ------------------------------------------------------------ GREGORY GARDNER, on behalf of himself and all others similarly situated, Plaintiff v. ASCENSION HEALTH, Defendant, Case No. 4:25-cv-00635 (E.D. Mo., May 5, 2025) arises from Defendant's failure to protect highly sensitive data of its current and former patients. On or around December 5, 2024, the Defendant was hacked in the data breach, injuring at least 5,599,699 persons via the exposure of their personally identifiable information/protected health information (PII/PHI). And yet, Defendant waited over until April 28, 2025, before it began notifying the class -- a full 144 days after the data breach was discovered. Accordingly, the Defendant's failure to promptly and properly notify Plaintiff and Class Members of the data breach exacerbated Plaintiff and Class Members' injury by depriving them of the earliest ability to take appropriate measures to protect their PII/PHI and take other necessary steps to mitigate the harm caused by the data breach. The Plaintiff now seeks redress for Defendant's unlawful conduct and asserts claims for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, and for declaratory relief. Ascension Health is a nationwide healthcare system headquartered in St. Louis, MO. [BN] The Plaintiff is represented by: Raina C. Borrelli, Esq. STRAUSS BORRELLI PLLC One Magnificent Mile 980 N. Michigan Avenue, Suite 1610 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 E-mail: raina@straussborrelli.com BARCLAYS PLC: Puchtler Appeals Amended Suit Dismissal to 2nd Cir. ----------------------------------------------------------------- MICHAEL PUCHTLER is taking an appeal from a court order dismissing his lawsuit entitled Michael Puchtler, individually and on behalf of and all others similarly situated, Plaintiff, v. Barclays PLC, Defendant, Case No. 1:24-cv-1872, in the U.S. District Court for the Southern District of New York. The Plaintiff brings claims against the Defendant for violations of Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), and Rule 10b-5 promulgated thereunder as well as control person liability under Section 20(a) of the Exchange Act. On July 29, 2024, the Plaintiff filed an amended complaint, which the Defendant moved to dismiss on Aug. 26, 2024. On Mar. 21, 2025, Judge Lewis J. Liman entered an Order granting the Defendant's motion to dismiss. The Court held that the Plaintiff's failure to plead a material misrepresentation or omission, scienter, and loss causation does not appear to be the product of inartful pleading but rather substantive issues with the Plaintiff's claims that make repleading futile. The amended complaint was therefore dismissed with prejudice. The appellate case is entitled Puchtler v. Barclays PLC, Case No. 25-995, in the United States Court of Appeals for the Second Circuit, filed on April 22, 2025. [BN] Plaintiff-Appellant MICHAEL PUCHTLER, individually and on behalf of all others similarly situated, is represented by: Frederic S. Fox, Esq. KAPLAN FOX & KILSHEIMER LLP 800 Third Avenue, 38th Floor New York, NY 10022 Defendant-Appellee BARCLAYS PLC is represented by: Jeffrey Thomas Scott, Esq. SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 BIMBO BAKERIES: Igwenagu and Hastings Seek Proper Overtime Wages ---------------------------------------------------------------- CHIBUIKE IGWENAGU AND BRANDON HASTINGS, on behalf of themselves and all others similarly situated, Plaintiffs v. BIMBO BAKERIES USA, INC. AND BIMBO FOODS BAKERIES DISTRIBUTION, LLC, Defendants, Case No. 4:25-cv-40063 (D. Mass., May 6, 2025) accuses the Defendants' of violating Massachusetts Wage Act and of unjust enrichment. The Plaintiffs allege that Defendants misclassified them and other delivery drivers as independent contractors when they were, in fact, statutory employees under Massachusetts law. Because of this misclassification, the Defendants failed to pay Plaintiffs and class members overtime wages, made unlawful deductions from their wages, and failed to reimburse them for business expenses related to the delivery of Defendants' bakery products, says the suit. Headquartered in Horsham, PA, Bimbo Bakeries USA, Inc. produces bakery products that are distributed throughout Massachusetts and neighboring states. [BN] The Plaintiff is represented by: Zachary L. Rubin, Esq. ZLR LITIGATION, PLLC 680 E Main Street, Suite A #638 Stamford, CT 06901 Telephone: (203) 212-9983 E-mail: zach@ZLRlitigation.com - and - Matthew D. Patton, Esq. Raven Moeslinger, Esq. Nicholas F. Ortiz, Esq. ORTIZ & MOESLINGER, PC One Boston Place, Suite 2600 Boston, MA 02108 Telephone: (617) 338-9400 E-mail: mdp@mass-legal.com BLACKBOX MANAGEMENT: Website Inaccessible to the Blind, Hedges Says ------------------------------------------------------------------- DONNA HEDGES, on behalf of herself and all other persons similarly situated, Plaintiff v. BLACKBOX MANAGEMENT GROUP, LLC, Defendant, Case No. 1:25-cv-03746 (S.D.N.Y., May 5, 2025) arises from Defendant's alleged violations 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. During Plaintiff's visits to the Website, including on April 18, 2025 and the last occurring on April 29, 2025, in an attempt to obtain information for the schedule of movies, their showtimes and menu, and to purchase tickets to see a movie from Defendant and to view the information on the Website, the Plaintiff encountered multiple access barriers that denied Plaintiff a shopping experience similar to that of a sighted person. Blackbox Management Group, LLC owns and operates the LOOK Cinemas theater, which is located on West 57th Street, in New York City. The company offers the commercial website, https://www.lookcinemas.com/, to the public. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Jeffrey@Gottlieb.legal Michael@Gottlieb.legal Dana@Gottlieb.legal CARTER'S RETAIL: Website Inaccessible to the Blind, Dalton Alleges ------------------------------------------------------------------ Julie Dalton, individually and on behalf of all others similarly situated, Plaintiff v. Carter's Retail, Inc., Defendant, Case No. 0:25-cv-01992 (D. Minn., May 5, 2025) accuses the Defendant of violating the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the Americans with Disabilities Act and its implementing regulations as well as asserts a companion cause of action under the Minnesota Human Rights Act. According to the complaint, the Defendant failed to make its website accessible to Plaintiff and to other people who are blind or who have low vision. Moreover, the Plaintiff was injured when she attempted to access Defendant's website from Minnesota but encountered barriers that denied her full and equal access to Defendant's online goods, content, and services, says the suit. Headquartered in Atlanta, GA, Carter's Retail, Inc. owns and operates that website, www.carters.com, which offers baby and children’s clothing for sale. [BN] The Plaintiff is represented by: Jason Gustafson, Esq. Patrick W. Michenfelder, Esq. Chad A. Throndset, Esq. THRONDSET MICHENFELDER LAW OFFICE LLC 80 S. 8th Street, Suite 900 Minneapolis, MN 55402 Telephone: (763) 515-6110 E-mail: pat@throndsetlaw.com chad@throndsetlaw.com jason@throndsetlaw.com CLEVELAND COUNTY: Conner Appeals Summary Judgment Order to 4th Cir. ------------------------------------------------------------------- SARA B. CONNER is taking an appeal from a court order in the lawsuit entitled Sara B. Conner, individually and on behalf of and all others similarly situated, Plaintiff, v. Cleveland County, a/k/a Cleveland County Emergency Medical Services, North Carolina, Defendant, Case No. 1:18-cv-00002-MR-WCM, in the U.S. District Court for the Western District of North Carolina. As previously reported in the Class Action Reporter, the lawsuit seeks to recover overtime compensation and statutory penalties for the Plaintiff and all similarly situated emergency medical services technicians for all hours worked in excess of 40 hours per week pursuant to the Fair Labor Standards Act. On July 11, 2024, the Plaintiff filed a joint motion for order approving stipulations of fact. On July 12, 2024, the Defendant and the Plaintiff filed their motions for summary judgment. On Mar. 31, 2025, Chief Judge Martin Reidinger entered an Order granting in part and denying in part the Defendant's and the Plaintiff's motions for summary judgment. The Plaintiff's joint motion for order approving stipulations of fact was denied as moot. The appellate case is entitled Sara Conner v. Cleveland County, Case No. 25-1428, in the United States Court of Appeals for the Fourth Circuit, filed on April 22, 2025. [BN] Plaintiff-Appellant SARA B. CONNER, individually and on behalf of all others similarly situated, is represented by: Philip J. Gibbons, Jr., Esq. Corey Michael Stanton, Esq. GIBBONS LAW GROUP, PLLC 14045 Ballantyne Corporate Place Charlotte, NC 28277 Telephone: (704) 612-0038 Defendant-Appellee CLEVELAND COUNTY, a/k/a Cleveland County Emergency Medical Services, North Carolina, is represented by: William Ellis Boyle, Esq. Grant B. Osborne, Esq. WARD & SMITH, PA P.O. Box 33009 Raleigh, NC 27636 Telephone: (919) 277-9100 - and – Christopher S. Edwards, Esq. WARD & SMITH, PA P.O. Box 7068 Wilmington, NC 28406 Telephone: (910) 794-4867 - and – Martha Raymond Thompson, Esq. LAW OFFICE OF MARTHA R. THOMPSON 1137 East Marion Street Shelby, NC 28150 Telephone: (980) 477-0128 CORCEPT THERAPEUTICS: Settles Shareholder Suit over SEC Disclosures ------------------------------------------------------------------- Corcept Therapeutics Incorporated disclosed in its Form 10-Q report for the quarterly period ended March 31, 2025, filed with the Securities and Exchange Commission on May 5, 2025, that on June 6, 2024, Judge James Donato of the United States District Court for the Northern District of California granted final approval of a proposed settlement which will govern administration of payments to eligible members of the plaintiff class with regards to a March 14, 2019 purported securities class action complaint filed in said court captioned "Nicholas Melucci v. Corcept Therapeutics Incorporated, et al." (Case No. 5:19-cv-01372-LHK). Parties then have reached an agreement in principle, on February 8, 2023 subject to the final approval of the court. Corcept agreed to make a one-time payment of $14.0 million. The court granted preliminary approval of the settlement on January 4, 2024, where the $14.0 million went into escrow. On September 6, 2024, Judge Donato approved the Plan of Allocation for payment of the settlement funds to eligible members of the class of plaintiffs. This matter is closed. It asserts violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder and alleges that the defendants made false and materially misleading statements and failed to disclose adverse facts about its business, operations and prospects. The complaint asserts a putative class period extending from August 2, 2017 to February 5, 2019 and seeks unspecified monetary relief, interest and attorneys' fees. On October 7, 2019, the court appointed a lead plaintiff and lead counsel. The lead plaintiff's consolidated complaint was filed on December 6, 2019. Corcept Therapeutics Incorporated is a commercial-stage pharmaceutical company engaged in the discovery and development of medications to treat severe endocrine, oncology, metabolism and neurology disorders by modulating the effects of the hormone cortisol. D2 LLC: Jackson Seeks to Recover Unpaid Overtime Wages ------------------------------------------------------ DONTAYE JACKSON and MERLIN WILLIAMS, on behalf of themselves and all others similarly situated, Plaintiffs v. D2 LLC, Defendant, Case No. 8:25-cv-01403-DLB (D. Md., May 2, 2025) is a class action for Defendant's unlawful failure to pay Plaintiffs overtime compensation, and for related violations of the Fair Labor Standards Act and the District of Columbia Minimum Wage Revision Act. According to the complaint, during those workweeks in which Plaintiffs and all those similarly situated have worked hours in excess of 40 hours a week, they suffered or were permitted to perform unpaid work activities without compensation before the start of their shifts and during their unpaid meal period. This pre-shift and meal work has caused Plaintiffs and all those similarly situated to work in excess of 40 hours in a given week, says the suit. The Defendant has also failed to properly calculate the regular rate of pay when Plaintiffs receive an increase rate of pay for operating machinery such as Bobcats, resulting in Defendant paying Plaintiffs and all others similarly situated for overtime work at a rate that is below the rate mandated by law, notes the complaint. The Plaintiffs worked for the Defendants in the position of Laborer, Heavy Equipment Operator, and related titles to provide pre-construction and construction services at job sites around the area. D2 LLC is a construction site work company that has operations in the D.C. metropolitan area, including Maryland and the District of Columbia.[BN] The Plaintiffs are represented by: Sara L. Faulman, Esq. John W. Stewart, Esq. Rachel Lerner, Esq. McGILLIVARY STEELE ELKIN LLP 1101 Vermont Ave., NW, Suite 1000 Washington, DC 20005 Telephone: (202) 833-8855 Facsimile: (202) 452-1090 E-mail: slf@mselaborlaw.com jws@mselaborlaw.com rbl@mselaborlaw.com DNC TRAVEL: Mendoza Seeks More Time to File Class Cert Bid ---------------------------------------------------------- In the class action lawsuit captioned as HAYDEE MENDOZA and JAMAI SIMMONS on behalf of themselves and all others similarly situated, v. DNC TRAVEL HOSPITALITY SVCS, an entity of unknown form; DELAWARE NORTH, an entity of unknown form; DELAWARE NORTH COMPANIES TRAVEL HOSPITALITY SERVICES, INC., a Delaware corporation; DELAWARE NORTH COMPANIES, INCORPORATED, a Delaware Corporation; and DOES 1 through 50, inclusive, Case No. 2:24-cv-11233-WLH-E (C.D. Cal.), the Plaintiffs, on May 16, 2025, will apply to the Court ex parte for an Order to extend the class certification motion deadline. The case is a class action wage & hour case for failure to: provide meal periods, provide rest periods, pay hourly wages and overtime, pay vacation wages, pay proper sick pay, reimburse necessary business expenditures, provide accurate written wage statements, keep required payroll records, timely pay all final wages upon separation, and comply with unfair competition laws. The Plaintiffs filed their Complaint on November 20, 2024 in the Superior Court of the State of California for the County of Los Angeles. The Defendants removed this action to this Court on Dec. 31, 2024. DNC provides retail, lodging, special events, gaming, and catering services. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=sG0rXO at no extra charge.[CC] The Plaintiffs are represented by: Emil Davtyan, Esq. David Yeremian, Esq. Roman Shkodnik, Esq. Mason Doidge, Esq. D.LAW, INC. 450 N Brand Blvd., Suite 840 Glendale, CA 91203 Telephone: (818) 962-6465 Facsimile: (818) 962-6469 E-mail: emil@d.law d.yeremian@d.law r.shkodnik@d.law m.doidge@d.law The Defendant is represented by: Jon D. Meer, Esq. Bethany A. Pelliconi, Esq. Stephanie Albrecht, Esq. 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-302l Telephone: (310) 277-7200 E-mail: jmeer@seyfarth.com bpelliconi@seyfarth.com salbrecht@seyfarth.com DUNCAN REGIONAL: Discloses Patients' Private Info, Hodge Alleges ---------------------------------------------------------------- TAMI HODGE, individually, and on behalf of all others similarly situated, Plaintiff v. DUNCAN REGIONAL HOSPITAL, INC. d/b/a DRH HEALTH, and NATIONWIDE RECOVERY SERVICE, INC., Defendants, Case No. 5:25-cv-00488-JD (W.D. Okla., May 5, 2025) arises from the public exposure of the confidential, private information of Defendant's current and former patients, and personally identifying information and protected health information of the Plaintiff and the Class Members in the possession of Defendants, in a cyberattack on NRS' systems beginning in July 2024, caused by Defendants' collective failures to adequately safeguard that private information. According to Defendants, the private information unauthorizedly disclosed in the Data Breach includes patients' names, addresses, dates of birth, Social Security numbers, financial account information, and medical information. The Defendants failed to undertake adequate measures to safeguard the private information of Plaintiff and the proposed Class Members. As a direct and proximate result of Defendants' failures to protect current and former patients' sensitive Private 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. Plaintiff Reed is a former patient of DRH and received a notice letter informing that her private information was involved in the data breach. Duncan Regional Hospital, Inc. d/b/a DRH Health is a regional health system consisting of two hospitals.[BN] The Plaintiff is represented by: Amanda 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 - and - Kenneth J. Grunfeld, Esq. KOPELOWITZ OSTROW, P.A. 65 Overhill Road Bala Cynwyd, PA 19004 Telephone: (954) 525-4100 E-mail: grunfeld@kolawyers.com EARTHHERO.COM LLC: Fernandez Sues Over Website Inaccessibility -------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. EARTHHERO.COM, LLC, Defendant, Case No. 1:25-cv-03756 (S.D.N.Y., May 5, 2025) arises from Defendant's failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act. Due to Defendant's failure to build the website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the website. As a result, the Plaintiff was unable to complete a purchase transaction, most recently on August 19, 2024, due to the inaccessibility of Defendant's website, says the suit. Earthhero.com, LLC owns and maintains the website, www.earthhero.com, which offers eco-friendly and sustainable products across various categories, including home goods, personal care, and lifestyle items, for sale. [BN] The Plaintiff is represented by: Rami Salim, Esq. One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com FARMERS INSURANCE: Filing for Class Certification Due Jan. 5, 2026 ------------------------------------------------------------------ In the class action lawsuit captioned as James Ruffulo et al., v. Farmers Insurance Exchange et al., Case No. 2:23-cv-01796-FMO-MAA (C.D. Cal.), the Hon. Judge Fernando Olguin entered an order as follows: 1. The Stipulation to continue deadlines in scheduling order by 90 Days is granted. 2. All fact discovery shall be completed no later than Sept. 15, 2025. 3. All expert discovery shall be completed by Dec. 1, 2025. The parties must serve their Initial Expert Witness Disclosures no later than Sept. 29, 2025. Rebuttal Expert Witness Disclosures shall be served no later than Oct. 29, 2025. 4. The parties shall complete their settlement conference before a private mediator no later than June 23, 2025. 5. Any motion for class certification shall be filed no later than Jan. 5, 2026, and noticed for hearing regularly under the Local Rules. Farmers provides insurance products and services. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=NaVTc4 at no extra charge.[CC] FEDERAL ENERGY: Montana-Dakota Utilities Appeals FERC's Order ------------------------------------------------------------- Montana-Dakota Utilities Co. has filed a petition for review of an Order of the Federal Energy Regulatory Commission (FERC), Case No. EL24-61-000. The appellate case is entitled Montana-Dakota Utilities Co., et al. v. FERC, et al., Case No. 25-1794, in the United States Court of Appeals for the Eighth Circuit, filed on April 22, 2025. [BN] Plaintiff-Petitioner MONTANA-DAKOTA UTILITIES CO., individually and on behalf of all others similarly situated, is represented by: Christopher Beau Carter, Esq. Aaron Michael Streett, Esq. BAKER & BOTTS 910 Louisiana Street Houston, TX 77002 Telephone: (713) 229-6204 (713) 229-1855 - and – Jay T. Ryan, Esq. BAKER & BOTTS 700 K Street, N.W. Washington, DC 20001 Telephone: (202) 639-7700 Defendants-Respondents FEDERAL ENERGY REGULATORY COMMISSION, et al. are represented by: John Houston Shaner, Esq. FEDERAL ENERGY REGULATORY COMMISSION 888 First Street, N.E. Washington, DC 20426 Telephone: (202) 502-6883 FLORENCE SONS: Hernandez Seeks to Recover Unpaid Overtime --------------------------------------------------------- ISAIAS HERNANDEZ, individually and on behalf of others similarly situated, Plaintiff v. FLORENCE SONS LANDSCAPE & MASON SUPPLY LLC, AA-1 CONSTRUCTION CO INC and MICHAEL HOAG, Defendants, Case No. 2:25-cv-03772 (D.N.J., May 2, 2025) is an action brought by Plaintiff, individually and on behalf of other similarly situated employees, against Defendants for willful violations of the Fair Labor Standards and the New Jersey State Wage and Hour Law arising from Defendants' alleged systematic unlawful employment policies and practices. According to the complaint, the Defendants have willfully and intentionally committed widespread violations of the federal and state laws by engaging in a pattern and practice of failing to pay its employees, including Plaintiff, overtime compensation for all hours worked over 40 each workweek. The Plaintiff was employed by the Defendants from May 5, 2021 and February 18, 2025 to perform various duties including loading materials for company vehicles, operating cranes, laying asphalt, and conducting heavy machinery work for Defendants' business operations in New Jersey. Florence Sons Landscape & Mason Supply LLC is a supplier of landscape and mason materials.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL P.C 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 E-mail: lstillman@stillmanlegalpc.com FOODSTATE INC: Website Inaccessible to the Blind, Fernandez Claims ------------------------------------------------------------------ JACQUELINE FERNANDEZ, on behalf of herself and all others similarly situated, Plaintiff v. FOODSTATE, INC., Defendant, Case No. 1:25-cv-03765 (S.D.N.Y., May 5, 2025) arises from Defendant's failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. The Plaintiff was unable to complete a purchase transaction due to the inaccessibility of Defendant's website. Accordingly, the Plaintiff seeks redress for Defendant's discriminatory conduct and asserts claims for violations of the Americans with Disabilities Act and New York City Human Rights Law. Foodstate, Inc. owns and operates the website, www.megafood.com, which serves an online store for food-based supplements. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com FORD MOTOR: Frankowski Sues Over Defective Fuel Injectors --------------------------------------------------------- KYLE FRANKOWSKI, individually and on behalf of all others similarly situated, Plaintiff v. FORD MOTOR COMPANY, a Delaware corporation, Defendant, Case No. 4:25-cv-11327-FKB-CI (N.D. Cal., May 6, 2025) arises from Defendant's alleged defective fuel injectors of its 2021–23 Ford Bronco Sport and 2020-22 Ford Escape vehicles. According to the complaint, the Defendant has represented that the said vehicles are safe. Defendant's customers reasonably expect their vehicles to perform as represented by Defendant. Contrary to this promise and expectation, the subject vehicles were designed, manufactured, and sold with defective fuel injectors that pose a substantial risk to the life and safety of drivers and passengers. Due to the said defect, the Plaintiff's 2021 Ford Bronco Sport caught fire unexpectedly while being driven in Muir Beach, CA on March 31, 2024. Despite its knowledge of the safety risks and high repair expenses associated with this defect, Ford failed to disclose the existence of the defect to Plaintiff, other Class members, and the public. Accordingly, the Plaintiff now seeks redress for Defendant's unlawful conduct and asserts claims for breach of implied warranty of mechantability, fraud/fraudulent omission, unjust enrichment, and for violations of the California Consumers Legal Remedies Act and the Unfair Competition Law. Headquartered in Dearborn, MI, Ford Motor Company sells, markets, distributes, and services Ford and Lincoln vehicles in California and throughout the United States. [BN] The Plaintiff is represented by: Timothy G. Blood, Esq. Thomas J. O’Reardon II, Esq. Adam M. Bucci, Esq. BLOOD HURST & O’REARDON, LLP 501 West Broadway, Suite 1490 San Diego, CA 92101 Telephone: (619) 338-1100 Facsimile: (619) 338-1101 E-mail: tblood@bholaw.com toreardon@bholaw.com abucci@bholaw.com - and - Ben Barnow, Esq. Anthony L. Parkhill, Esq. BARNOW AND ASSOCIATES, P.C. 205 W. Randolph Street, #1630 Chicago, IL 60606 Telephone: (312) 621-2000 Facsimile: (312) 641-5504 E-mail: b.barnow@barnowlaw.com aparkhill@barnowlaw.com GIORGIO ARMANI: Discovery Cutoff Deadline Until June 30 Sought -------------------------------------------------------------- In the class action lawsuit captioned as JACQUELINE AHUMADA, individually, and on behalf of other members of the general public similarly situated, and as an aggrieved employee pursuant to the Private Attorneys General Act ("PAGA"), v. GIORGIO ARMANI CORPORATION, New York corporation; and DOES 1 through 10, inclusive, Case No. 3:24-cv-01175-RSH-DEB (S.D. Cal.), the Parties ask the Court to enter an order extending the: -- discovery cutoff deadline until June 30, 2025, for the limited purpose of taking the deposition of Defendant's person most knowledgeable pursuant to FRCP section 30(b)(6), and -- deadline to file Plaintiff's motion for class certification until Aug. 15, 2025. The current certification discovery cutoff date is May 28, 2025, and Plaintiff's motion for class certification filing deadline is June 30, 2025. The Parties have diligently engaged in discovery, and have met and conferred as to the schedule for taking the deposition of Defendant's PMK. Giorgio designs, manufactures, distributes and retails fashion and lifestyle products. A copy of the Parties' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=mbbI6L at no extra charge.[CC] The Plaintiff is represented by: Roxanna Tabatabaeepour, Esq. Ryan Tish, Esq. Alexander Wallin, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Roxanna.Taba@capstonelawyers.com Ryan.Tish@capstonelawyers.com Alexander.Wallin@capstonelawyers.com The Defendants are represented by: Nicky Jatana, Esq. Paul J. Cohen, Esq. JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, CA 90017-5408 Telephone: (213) 689-0404 Facsimile: (213) 689-0430 HATASHITA ENTERPRISES: Fernandez Sues Over Inaccessible Website --------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. HATASHITA ENTERPRISES, LLC, Defendant, Case No. 1:25-cv-03755 (S.D.N.Y., May 6, 2025) arises from Defendant's failure to design, construct, maintain, and operate Defendant's website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Due to Defendant's failure to build the website in a manner that is compatible with screen access programs, Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the sports uniform (USA Judo Single Weave Gi 2.0), that Plaintiff wished to acquire from the website. Accordingly, the Plaintiff now seeks redress for Defendant's discriminatory conduct and asserts claims for violations of the Americans with Disabilities Act and the New York City Human Rights Law. Hatashita Enterprises, LLC owns and operates the website, www.hatashitasports.com, which offers martial arts equipment specializing in judo gear, including uniforms (gi), belts, and related accessories. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com IF BOUTIQUE: Cantwell Sues Over Blind-Inaccessible Website ---------------------------------------------------------- LISA CANTWELL, on behalf of herself and all others similarly situated, Plaintiff v. IF BOUTIQUE, LTD., Defendant, Case No. 1:25-cv-02481 (E.D.N.Y., May 5, 2025) arises from Defendant's failure to design, construct, maintain, and operate Defendant's website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. The Plaintiff was unable to complete the purchase due to the inaccessibility of Defendant’s website. Due to Defendant's failure to build the website in a manner that is compatible with screen access programs, the she was unable to understand and properly interact with the website, and was thus denied the benefit of purchasing the puffer jacket, says the Plaintiff. IF Boutique, Ltd. owns and operates the commercial website, www.ifsohonewyork.com, which offers fashion items and accessories for men and women for sale. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com IGK LLC: Alexandria Seeks Equal Website Access for Blind Users -------------------------------------------------------------- ERIKA ALEXANDRIA, on behalf of herself and all others similarly situated, Plaintiff v. IGK, LLC, Defendant, Case No. 1:25-cv-03679 (S.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for the failure to design, construct, maintain, and operate Defendant's website, www.igkhair.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen-reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. Due to the inaccessibility of Defendant's website, blind and visually impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services Defendant offers to the public on the website, says the suit. The Plaintiff now seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. IGK, LLC operates the website that offers hair products and at-home color kits.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com IVELEY LLC: Website Inaccessible to Blind Users, Vega Says ---------------------------------------------------------- NORBERTO VEGA, on behalf of himself and all others similarly situated, Plaintiff v. IVELEY, LLC, Defendant, Case No. 2:25-cv-03769 (D.N.J., May 2, 2025) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate its website, www.surrealcreamery.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. Iveley, LLC operates a website that offers a range of dessert presentations.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com JEWEL FOOD: Foster Files 7th Circuit Appeal in COBRA Suit --------------------------------------------------------- ANTOWN FOSTER has filed an appeal in his lawsuit entitled Antown Foster, individually and on behalf of and all others similarly situated, Plaintiff, v. Jewel Food Stores, Inc., Defendant, Case No. 1:23-cv-15197, in the U.S. District Court for the Northern District of Illinois. The appellate case is entitled Antown Foster v. Jewel Food Stores, Inc., Case No. 25-1677, in the United States Court of Appeals for the Seventh Circuit, filed on April 22, 2025. This case arose from Jewel's failure to issue the Plaintiff with a compliant Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, which resulted in his failure to elect COBRA continuation coverage, and eventually caused him to lose his health care insurance benefits. He then, in turn, incurred medical related expenses, causing him economic harm.[BN] Plaintiff-Appellant ANTOWN FOSTER, individually and on behalf of all others similarly situated, is represented by: Eric C. Onyango, Esq. PRIME LEGAL, LLC 222 N. Columbus Drive Chicago, IL 60601 Telephone: (312) 315-8568 Defendant-Appellee JEWEL FOOD STORES, INC. is represented by: James Charles Goodfellow, Jr., Esq. JACKSON LEWIS P.C. 150 N. Michigan Avenue Chicago, IL 60601 Telephone: (312) 787-4949 JJF MANAGEMENT: Frolo Sues Over Private Data Breach --------------------------------------------------- KELLY FROLO, on behalf of herself and all others similarly situated, Plaintiff v. J.J.F. MANAGEMENT SERVICES, INC., d/b/a FITZGERALD AUTO MALLS, Case No. 8:25-cv-01474-PX (D. Md., May 5, 2025) arises from the Defendant's failure to properly secure and safeguard personally identifiable information including, but not limited to, Plaintiff's and Class Members' name, date of birth, Social Security number, and financial account information. On or about April 25, 2025, the Defendant notified Plaintiff and the Class Members that an authorized party accessed Plaintiff’s and the Class Members' PII on or about February 4, 2024. Accordingly, the Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Plaintiff's and Class Members' private information that it collected and maintained, and for failing to provide adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access of an unknown third party and precisely what specific type of information was accessed. Headquartered in Rockville, MD, J.J.F. Management Services owns and operates car dealerships. [BN] The Plaintiff is represented by: Andrea R. Gold, Esq. TYCKO & ZAVAREEI LLP 2000 Pennsylvania Ave. NW, Suite 1010, Washington, DC 20006 Telephone: (202) 973-0900 E-mail: agold@tzlegal.com - and - Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E Las Olas Blvd., Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com JJJ RESTAURANT: Settles FLSA Case for $38,374 --------------------------------------------- The case styled Yoana Luna Cortez v. Mar Multiservices LLC, et al., Case No. CV-24-02335-PHX-SPL (D. Ariz.) has been terminated following Plaintiff and Opt-In Plaintiffs' acceptance of Defendants' offer of judgment. In a May 20 ruling, the United States District Court for the District of Arizona entered judgment against Defendants Mar Multiservices LLC, J.R. Restaurant LLC, and J.R.R. Restaurant LLC in the amount of $38,374.73, plus reasonable attorneys fees and costs pursuant to statute. The sum shall be apportioned among the Plaintiff and Opt-In Plaintiffs as follows: Yoana Luna Cortez: $12,860.84; Antonio Daniel Resendiz Gallegos: $14,273.44; Lucero Beltran Alvarez: $3,531.75; Donna M Marquez: $2,061.98; Cincy Nayeli Gonzalez Rivera: $3,646.72; Cinthia Rodriguez: $500.00; and Joanna Lopez: $1,500.00. The case is a putative class action brought by Plaintiff Yoana Cortez under the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. In her First Amended Complaint, Plaintiff brings a single count for failure to pay overtime wages in violation of 29 U.S.C. Section 207 against nine corporate entities as well as Arturo Rubio Cervantes and his spouse, Guadalupe Rubio Arroyo. Plaintiff contends the corporate Defendants "are each restaurants operating in Arizona under the name 'Filiberto's Mexican Food'" and alleges that "Defendants willfully failed or refused to pay Plaintiff and the Collective Members the applicable overtime wage for all hours worked in excess of 40 in a given work week throughout the duration of their employment." Plaintiff argues that each Defendant was a joint employer of Plaintiff because "each acted directly in the interest of the others in relation to Plaintiff[]" and "because they were not completely disassociated with respect to the employment of Plaintiff." Plaintiff also argues that each Defendant can be considered a "single integrated employer under the FLSA." The Court notes Plaintiff cites only to non-binding, out-of-Circuit cases to support this argument. Defendants argue that Plaintiff's FAC fails to provide a single factual allegation explaining Plaintiff's relationship with JJJ Restaurant LLC, as it never employed Plaintiff. Plaintiff argues that the District "frequently grants conditional certification of FLSA classes against Defendants who separately incorporate each location of their chain business where the named Plaintiff did not work for all entities." "While this may be true, it does not abrogate Plaintiff's burden to establish Article III standing as to each employer, the Court pointed out last month. Plaintiff seems to focus on her theory that each of the corporate Defendants constitute a single collective enterprise under the control of the individual Defendants. On April 25, 2025, the Honorable Steven P. Logan granted Defendants' Motion to Dismiss the complaint with Leave to Amend. The Court finds that Plaintiff has failed to allege facts showing that an employer-employee relationship exists between Plaintiff and JJJ Restaurants LLC. A copy of the Court's decision is available at https://urlcurt.com/u?l=Abb9Dn from PacerMonitor.com. The Court concluded that Plaintiff's allegations against the individual Defendants Arturo Rubio Cervantes and Guadalupe Rubio Arroyo are "masquerading as facts." The Court determines that Plaintiff seems to recite the factors in Bonnette v. Cal. Health & Welfare Agency, 704 F.2d 1465, 1470 (9th Cir. 1983), to determine whether a given entity is a joint employer, without providing any specific facts regarding this case, and she has not shown the relevant facts are in the sole possession and control of Defendants. The Court concluded that although the pleading standard to survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6) is fairly lenient and is broadly construed in favor of plaintiffs, here, Plaintiff simply has not done enough to nudge the complaint "across the line from conceivable to plausible." The Court ruled that Plaintiff's pending Motion for Conditional Certification is denied without prejudice. Because the deficiencies in Plaintiff's FAC may be cured by amendment, the Court allowed Plaintiff leave to file a Second Amended Complaint. Plaintiff was directed to re-file the Motion for Conditional Certification as to any remaining Defendants after Plaintiff files her Second Amended Complaint. On May 17, Plaintiffs advised the Court they have accepted the Offer of Judgment. JOE'S SPORTING: Fernandez Sues Over ADA Non-Compliant Website ------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. JOE'S SPORTING GOODS - SKI SHOP, INC., Defendant, Case No. 1:25-cv-03749 (S.D.N.Y., May 5, 2025) accuses the Defendant of violating the Americans with Disabilities Act and the New York City Human Rights Law. The Plaintiff brings this civil rights action against Defendant for the failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Due to Defendant's failure to build the website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the website. Joe's Sporting Goods - Ski Shop, Inc. owns and operates the website, www.joessportinggoods.com, which serves as an online store renowned for company's selection of outdoor sporting gear, particularly catering to fishing, hunting, camping, and snow sports enthusiasts. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com KALEIDA HEALTH: Class Fact Discovery in Cleary Due Oct. 31 ---------------------------------------------------------- In the class action lawsuit captioned as ROXANNE CLEARY, LISA WENDLING, KIMBERLY MILLER, MARY CLARE BREIDENSTEIN, AND ROBINCHILTON, on behalf of themselves and all others similarly situated, v. KALEIDA HEALTH, KALEIDA HEALTH PENSION GROWTH PLAN, KALEIDA HEALTH RETIREMENT PLAN COMMITTEE, BOARD OF DIRECTORS OF KALEIDA HEALTH, AND JOHN DOES 1-40, Case No. 1:22-cv-00026-LJV-JJM (W.D.N.Y.), the Hon. Judge Jeremiah McCarthy entered a case management order as follows: The Parties shall complete all paper discovery by Aug. 1, 2025. Responses to request for admission due June 15, 2025. All fact discovery due Oct. 31, 2025. Kaleida is a not-for-profit healthcare network that manages five hospitals in the Buffalo–Niagara Falls metropolitan area. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=NetFHw at no extra charge.[CC] KELLY & ASSOCIATES: Faces Day Suit Over Private Data Breach ----------------------------------------------------------- ERIN DAY, on behalf of herself and all others similarly situated, Plaintiff v. KELLY & ASSOCIATES INSURANCE GROUP INC. d/b/a KELLY BENEFITS, Defendant, Case No. 1:25-cv-01461 (D. Md., May 5, 2025) arises from Defendant's failure to properly secure and safeguard Plaintiff's and other similarly situated persons' personally identifiable information and protected health information, including names and Social Security numbers, health or other insurance group ID numbers, from criminal hackers. According to the complaint, the Defendant's investigation revealed that between December 12, 2024, and December 17, 2024, an unauthorized party had access to certain company files containing the private information that it stored on behalf of its clients. However, the Defendant four months to notify its clients and the public that they were at risk. It was only on or about April 21, 2025 that Defendant filed official notice of a hacking incident with the Office of the Maine Attorney General. In addition, the Defendant failed to assure that all personal data or copies of data have been recovered or destroyed, or that Defendant has adequately enhanced its data security practices sufficient to avoid a similar breach of its network in the future, says the suit. Based in Sparks, MD, Kelly & Associates Insurance Group, Inc. provides benefit enrollment services to its business clients and its clients' employees. [BN] The Plaintiff is represented by: Sonjay Singh, Esq. Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 E-mail: ssingh@sirillp.com tbean@sirillp.com MAK ANESTHESIA: Faces Gilbert Suit Over Unprotected Private Info ---------------------------------------------------------------- CHARLES GILBERT, individually and on behalf of all others similarly situated, Plaintiff v. MAK ANESTHESIA GEORGIA, LLC and NATIONWIDE RECOVERY SERVICES, INC., Defendants, Case No. 4:25-cv-00116-WMR (N.D. Ga., May 6, 2025), arises from Defendants' failure to properly secure and safeguard private information that was entrusted to Defendants and Defendants' accompanying responsibility to store and transfer that information. The Plaintiff and the proposed Class Members bring this class action lawsuit on behalf of all persons who entrusted Defendants with sensitive personally identifiable information and protected health information and that was impacted in a data breach that Defendant MAK publicly disclosed on April 30, 2025. However, the Defendants NRS's investigation determined that an unauthorized third-party accessed Defendant NRS' IT Network from July 5, 2024, to July 11, 2024. On February 17, 2025, the Defendant NRS informed Defendant MAK of the data breach, and in response, Defendant MAK launched a comprehensive review of the potentially impacted data set. Moreover, the Defendants failed to take precautions designed to keep individuals' private information secure. The Plaintiff now seeks redress for Defendants' unlawful conduct and asserts claims for negligence, negligence per se, unjust enrichment, breach of implied of contract, and breach of confidence. MAK Anesthesia Georgia, LLC is a private anesthesia group based in Kennesaw, GA. [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 Facsimile: (771) 772-3086 E-mail: cturner@milberg.com MISSION CEVICHE: Parties Must File Class Status Update by July 24 ----------------------------------------------------------------- In the class action lawsuit captioned as Flores v. Mission Ceviche, LLC et al., Case No. 1:24-cv-03626-KHP (S.D.N.Y.), the Hon. Judge Katharine H. Parker entered an order as follows: The parties shall file a status update by July 24, 2025. The deadlines for discovery and summary judgment are extended by 30 days, such that (1) Plaintiff's deposition shall be conducted by June 5, 2025, and (2) the Defendants' opposition and cross-motion (if any) shall be due June 29, 2025, with the Plaintiff's reply and opposition to any cross-motion due July 25, 2025. The Defendants' reply in support of any cross-motion will then be due Aug. 10, 2025. Mission Ceviche is a Peruvian restaurant. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=32F4bF at no extra charge.[CC] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 NEWPORT GROUP: Wade Suit Seeks Class Certification -------------------------------------------------- In the class action lawsuit captioned as Wade, et al., v. Newport Group, Inc., et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 1:22-cv-01126 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel, and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=fpExtm at no extra charge.[CC] The Plaintiffs are represented by: Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org OHANA MILITARY: Camp Suit Seeks to Certify Class Action ------------------------------------------------------- In the class action lawsuit captioned as MARTHA JENNIFER CAMP, ADAM CAMP, WILLIAM E. THOMPSON, and JUANITA THOMPSON, individually and on behalf of all others similarly situated, v. OHANA MILITARY COMMUNITIES, LLC; HUNT MH PROPERTY MANAGEMENT, LLC; and DOE DEFENDANTS 1-10, Case No. 1:24-cv-00003 LEK-KJM (D. Haw.), the Plaintiffs ask the Court to enter an order certifying class action for the Class and Subclass of persons: Class "All persons authorized to reside within an Ohana Military Communities, LLC property managed by Hunt MH Property Management, LLC from Nov. 20, 2021 to Mar. 31, 2022; and Subclass "All persons who entered into a contract with the Defendants and paid lease rent on a housing unit entitled to receive potable water distributed by the Defendants." Accordingly, a class action under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure is in the best interests of judicial economy to resolve the questions of law and fact shared by all Plaintiffs and proposed Class and Subclass members. Ohana provides real estate services. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=1ybky8 at no extra charge.[CC] The Plaintiffs are represented by: James J. Bickerton, Esq. Bridget G. Morgan-bickerton, Esq. Emily Walker, Esq. BICKERTON LAW GROUP 745 Fort Street, Suite 801 Honolulu, HI 96813 Telephone: (808) 599-3811 Facsimile: (808) 694-3090 E-mail: bickerton@bsds.com morgan@bsds.com walker@bsds.com - and - Wayne D. Parsons, Esq. WAYNE PARSONS LAW OFFICE Dillingham Business Center 1406 Colburn Street, Suite 201 C Honolulu, HI 96817 Telephone: (808) 845-2211 Facsimile: (808) 843-0100 E-mail: wparsons@hawaii.rr.com - and - Zachery R. Bierscheid, Esq. ANDREWS & THORNTON, AAL ALC 4701 Von Karman Ave., Suite 300 Newport Beach, CA 92660 Telephone: (949) 748-1000 Facsimile: (949) 315-3540 E-mail: zbierscheid@andrewsthornton.com OHANA MILITARY: Powell Suit Seeks to Certify Class Action --------------------------------------------------------- In the class action lawsuit captioned as CLEOPHAS C. POWELL, individually and on behalf of all others similarly situated, et al., v. OHANA MILITARY COMMUNITIES, et al., Case No. 1:24-cv-00184-LEK-KJM (D. Haw.), the Plaintiffs ask the Court to enter an order certifying class action for the Class and Subclass of persons: Class "All persons authorized to reside within an Ohana Military Communities, LLC property managed by Hunt MH Property Management, LLC from Nov. 20, 2021 to Mar. 31, 2022; and Subclass "All persons who entered into a contract with the Defendants and paid lease rent on a housing unit entitled to receive potable water distributed by the Defendants." Accordingly, a class action under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure is in the best interests of judicial economy to resolve the questions of law and fact shared by all Plaintiffs and proposed Class and Subclass members. Ohana provides real estate services. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ckvygw at no extra charge.[CC] The Plaintiffs are represented by: James J. Bickerton, Esq. Bridget G. Morgan-bickerton, Esq. Emily Walker, Esq. BICKERTON LAW GROUP 745 Fort Street, Suite 801 Honolulu, HI 96813 Telephone: (808) 599-3811 Facsimile: (808) 694-3090 E-mail: bickerton@bsds.com morgan@bsds.com walker@bsds.com - and - Wayne D. Parsons, Esq. WAYNE PARSONS LAW OFFICE Dillingham Business Center 1406 Colburn Street, Suite 201 C Honolulu, HI 96817 Telephone: (808) 845-2211 Facsimile: (808) 843-0100 E-mail: wparsons@hawaii.rr.com - and - Zachery R. Bierscheid, Esq. ANDREWS & THORNTON, AAL ALC 4701 Von Karman Ave., Suite 300 Newport Beach, CA 92660 Telephone: (949) 748-1000 Facsimile: (949) 315-3540 E-mail: zbierscheid@andrewsthornton.com ON SEMICONDUCTOR: Faces Hubacek Suit over SiC Business ------------------------------------------------------ ON Semiconductor Corporation disclosed in its Form 10-Q for the quarterly period ended April 4, 2025, filed with the Securities and Exchange Commission on May 5, 2025 that on December 13, 2023, a putative class action captioned "Hubacek v. ON Semiconductor Corp., et al.," Case No. 1:23-cv-01429 (D. Del.), was filed by an alleged stockholder of the company in the U.S. District Court for the District of Delaware against the company and certain of its officers. An amended complaint was filed on May 31, 2024 which again asserts claims for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The plaintiff seeks a ruling that this case may proceed as a class action, and seeks damages, attorneys' fees and costs. The company file a motion to dismiss the amended complaint on July 30, 2024. On September 6, 2024, plaintiff filed their second amended complaint and the company filed a motion to dismiss this second amended complaint on October 10, 2024. Full briefing for this motion to dismiss the second amended complaint was completed on December 20, 2024 while oral arguments for this Motion to Dismiss are scheduled to be heard by the court on June 26, 2025. The complaint alleges that the defendants made misleading statements regarding the company's silicon carbide (SiC) business. The plaintiff seeks a ruling that this case may proceed as a class action, and seeks damages, attorneys' fees and costs. ON Semiconductor Corporation provide intelligent power and sensing solutions with a primary focus towards automotive and industrial markets. ORTHOFIX MEDICAL: Continues to Defend Bernal Securities Class Suit ------------------------------------------------------------------ Orthofix Medical Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the Bernal securities class suit in the United States District Court for the Eastern District of Texas. On August 21, 2024, a securities class action complaint captioned Bernal v. Orthofix Medical Inc., et al., Case No. 24-cv-00690, was filed in the United States District Court for the Eastern District of Texas (the "Bernal Complaint"). The plaintiff, a purported Company shareholder, alleges through the complaint violations of Sections 10(b) and 20(a) of the Exchange Act, and SEC Rule 10b-5 promulgated thereunder, and names as defendants the Company and the following former Company directors and officers: Jon Serbousek (former director and former President and Chief Executive Officer), Keith Valentine (former director and former President and Chief Executive Officer), John Bostjancic (former Chief Financial Officer), and Patrick Keran (former Chief Legal Officer). The complaint alleges that the Company made, and the named former directors and officers caused the Company to make, materially false and misleading statements between October 11, 2022 and September 12, 2023 that, according to the complaint, falsely assured the market regarding Messrs. Valentine, Bostjancic and Keran's respective commitments to, among other things, ethical and legal standards and corporate responsibility. On September 6, 2024, a securities class action complaint captioned O'Hara v. Orthofix Medical Inc., et al., Case No. 24-cv-01593, was filed in the United States District Court for the Southern District of California (the "O'Hara Complaint"). The plaintiff, a purported former shareholder of SeaSpine at the time of the SeaSpine Merger, alleges through the complaint violations of Sections 11, 12 and 15 of the Securities Act, and names most of the same defendants as the Bernal Complaint, as well as certain additional current and/or former Company directors and officers. The complaint makes similar assertions to the Bernal complaint, and alleges that the Company's registration statement on Form S-4 filed in 2022 in connection with the SeaSpine Merger, as well as related written and oral offering materials, contained untrue statements of material fact and material omissions, including, among other things, with respect to the effectiveness of the Company's internal controls. On November 26, 2024, the O’Hara Complaint was transferred to the Eastern District of Texas, and on December 11, 2024, the O'Hara Complaint was consolidated with the Bernal Complaint. On April 17, 2025, the plaintiffs filed an amended complaint in the consolidated action, captioned In re Orthofix Medical Inc. Securities Litigation, with substantially the same allegations contained in the Bernal Complaint and the O'Hara Complaint. The consolidated case is captioned In re Orthofix Medical Inc. Securities Litigation, Case No. 24-cv-00690 and is pending in the Eastern District of Texas. The Plaintiffs filed an amended consolidated compliant on April 17, 2025. The Company disagrees with the legal claims asserted in these complaints and intends to defend them vigorously. Orthofix Medical Inc. operates as a spine and orthopedics company in the United States, Italy, Germany, the United Kingdom, France, Brazil, and internationally.[BN] PARAGON 28 INC: Faces Tiedt Suit in Colorado -------------------------------------------- Zimmer Biomet Holdings, Inc. disclosed in its Form 10-Q report for the quarterly period ended March 31, 2025, filed with the Securities and Exchange Commission on May 5, 2025, that in October 2024, a putative class action lawsuit was filed against its wholly-owned subsidiary Paragon 28, Inc., its former CEO Albert DaCosta, its former CFO Stephen M. Deitsch, and its former interim CFO Kristina Wright in the U.S. District Court for the District of Colorado, captioned "Tiedt v. Paragon 28, Inc." It generally alleges that the defendants made false and misleading statements in violation of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder related to its financial statements and the effectiveness of its internal financial controls. On April 4, 2025, the District of Colorado consolidated said action and appointed Nicholas Tiedt as lead plaintiff under the Private Securities Litigation Reform Act of 1995. Plaintiff seeks injunctive relief, damages and attorney's fees. Zimmer Biomet Holdings designs, manufactures and market orthopedic reconstructive products, sports medicine, biologics, extremities and trauma products, surgical products and a suite of integrated digital and robotic technologies. ROBINHOOD MARKETS: Deeney Sues Over Unlawful Cash Sweep Program --------------------------------------------------------------- SEAN DEENEY, individually and on behalf of all others similarly situated, Plaintiff v. ROBINHOOD MARKETS, INC., ROBINHOOD FINANCIAL, LLC, and ROBINHOOD SECURITIES, LLC, Defendants, Case No. 3:25-cv-03906 (N.D. Cal., May 5, 2025), seeks to to recover damages arising out of Robinhood's unlawful conduct related to its IntraFi Network Deposit f/k/a Insured Network Deposit cash sweep program. Under the Sweep Program, Robinhood automatically sweeps idle customer cash into interest-bearing accounts at banks selected by Robinhood. Allegedly, the Sweep Program was highly lucrative for Robinhood but paid unreasonable, below-market yields to Robinhood customers. Moreover, Robinhood profited off of the difference between the rates offered to Robinhood by the banks and the yields passed along by Robinhood to customers. Robinhood's exploitation of its non-Gold customers and failure to pay them a reasonable rate of interest under the Sweep Program breached its fiduciary and contractual duties, including the implied covenant of good faith and fair dealing, and violated several state and federal laws, including the Investment Advisers Act of 1940, says the suit. Headquartered in Menlo Park, CA, Robinhood Markets, Inc. is a Delaware corporation that operates as a financial services company. It provides access to financial markets through its mobile application. [BN] The Plaintiff is represented by: Stephen R. Astley, Esq. Andrew T. Rees, Esq. Rene A. Gonzalez, Esq. Scott I. Dion, Esq. Alex Kaplan, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 225 NE Mizner Boulevard, Suite 720 Boca Raton, FL 33432 Telephone: 561/750-3000 E-mail: sastley@rgrdlaw.com arees@rgrdlaw.com rgonzalez@rgrdlaw.com sdion@rgrdlaw.com akaplan@rgrdlaw.com - and - Shpetim Ademi, Esq. Guri Ademi, Esq. ADEMI LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: 414/482-8000 E-mail: sademi@ademilaw.com gademi@ademilaw.com ROUSE SERVICES: Inflates Rental Prices, Dwight Roberts Alleges -------------------------------------------------------------- DWIGHT ROBERTS CONSTRUCTION COMPANY, individually and on behalf of all others similarly situated, Plaintiff, v. ROUSE SERVICES LLC; RB GLOBAL, INC.; UNITED RENTALS, INC.; SUNBELT RENTALS, INC.; HERC RENTALS INC.; HERC HOLDINGS INC.; H&E EQUIPMENT SERVICES, INC., SUNSTATE EQUIPMENT CO., LLC; THE HOME DEPOT, INC.; and EQUIPMENTSHARE.COM INC., Defendants, Case No. 2:25-cv-04031 (C.D. Cal., May 5, 2025) seeks for treble damages and injunctive relief under Section 1 of the Sherman Act. The Plaintiff and the class members paid an artificially inflated price for the equipment they rent but for the Defendants’ anticompetitive conduct. Allegedly, equipment rental companies have been using Rouse Service LLC to coordinate their equipment rental pricing and inflate or maintain their equipment rental rates at artificially high level to maximize their profits. Accordingly, the Plaintiff challenges this conspiracy among the Defendants that has led to artificially inflated prices for construction equipment rentals that it and other class members paid across the United States. Rouse Services, LLC is a wholly owned subsidiary of RB Global, and is headquartered in Beverly Hills, CA. The company provides construction equipment market intelligence and rental metrics benchmarks, and construction equipment valuations to lenders, rental companies, contractors and dealers. [BN] The Plaintiff is represented by: Jon A. Tostrud, Esq. TOSTRUD LAW GROUP, PC 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 278-2600 Facsimile: (310) 278-2640 E-mail: jtostrud@tostrudlaw.com - and - Don Barrett, Esq. Sarah Sterling Aldridge, Esq. Katherine Barrett Riley, Esq. BARRETT LAW GROUP, P.A. P.O. Box 927 404 Court Square North Lexington, MS 39095-0927 Telephone: (662) 834-9168 Facsimile: (662) 834-2628 E-mail: donbarrettpa@gmail.com saldridge@barrettlawgroup.com kbriley@barrettlawgroup.com SALIDA HOSPITAL: Fails to Pay Proper Wages, Herndon Suit Alleges ---------------------------------------------------------------- SALLY HERNDON, Individually and on For Others Similarly Situated, Plaintiff v. SALIDA HOSPITAL DISTRICT d/b/a HEART OF THE ROCKIES REGIONAL MEDICAL CENTER, Defendant, Case No. 1:25-cv-01420-TPO (D. Colo., May 5, 2025) seeks to recover unpaid wages and other damages from Salida Hospital District d/b/a Heart of the Rockies Regional Medical Center. The Defendant has employed Plaintiff Herndon as a registration specialist since approximately May 2021. Herndon and the other hourly employees regularly work more than 40 hours a workweek. However, the Defendant does not pay Herndon and the other hourly employees at least 1.5 times their regular rates of pay -- based on all remuneration--for all hours they work in excess of 40 a workweek. Instead, the Defendant has paid Herndon under its bonus pay scheme that violates the Fair Labor Standards Act, says the suit. Based in Colorado, Salida Hospital District is doing business as Heart of the Rockies Regional Medical Center. [BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com SOUND ENCLAVE: General Pretrial Management Entered in Hedges Suit ----------------------------------------------------------------- In the class action lawsuit captioned as DONNA HEDGES, ON BEHALF OF HERSELF AND ALL OTHER PERSONS SIMILARLY SITUATED, v. THE SOUND ENCLAVE LLC, Case No. 1:25-cv-03747-JHR-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management: All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. For motions other than discovery motions, pre-motion conferences are not required but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. Sound is a provider of professional audio post-production services and web development solutions. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=9u1UDb at no extra charge.[CC] TWITTER INC: Must Oppose Class Cert. Bid in Osborn by July 11 ------------------------------------------------------------- In the class action lawsuit captioned as SYDNEY FREDERICK-OSBORN, on behalf of herself and all others similarly situated, v. TWITTER, INC., and X CORP., Case No. 3:24-cv-00125-JSC (N.D. Cal.), the Parties ask the Court to enter an order that the briefing and hearing schedule be revised as follows: Deadline for Dr. Killingsworth's revised report: May 30, 2025 Deadline for Dr. Killingsworth's continued June 13, 2025 deposition: The Defendant's opposition to class certification: July 11, 2025 The Plaintiff's reply in support of class Aug. 8, 2025 certification: Twitter provides online social networking and microblogging service. A copy of the Parties' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Urxpf3 at no extra charge.[CC] The Plaintiff is represented by: Shannon Liss-Riordan, Esq. Thomas Fowler, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: sliss@llrlaw.com tfowler@llrlaw.com The Defendants are represented by: Eric Meckley, Esq. Brian D. Berry, Esq. Roshni C. Kapoor, Esq. Ashlee N. Cherry, Esq. Kassia Stephenson, Esq. Carolyn M. Corcoran, Esq. MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1596 Telephone: (415) 442-1000 Facsimile: (415) 442-1001 E-mail: eric.meckley@morganlewis.com brian.berry@morganlewis.com roshni.kapoor@morganlewis.com ashlee.cherry@morganlewis.com kassia.stephenson@morganlewis.com carolyn.corcoran@morganlewis.com UNIVERSITY OF UTAH: Fitzgerald Sues Over Labor Law Violations ------------------------------------------------------------- NICOLE FITZGERALD, individually and on behalf of all similarly situated individuals, Plaintiff v. UNIVERSITY OF UTAH d/b/a UNIVERSITY OF UTAH HEALTH, Defendant, Case No. 2:25-cv-00355-DAO (D. Utah, May 5, 2025) arises from the Defendant's alleged violations of the Fair Labor Standards Act and the Utah Payment of Wages Act. According to the complaint, the Defendant employed Plaintiff as an hourly customer advocate specialist from January 2022 to May 2024. Allegedly, the Defendant subjected Plaintiff, and those similarly situated, to Defendant's policy and practice of failing to compensate its call center employees for their necessary boot-up and call ready work, which resulted in the failure to properly compensate them as required under applicable federal and state law. University of Utah is a private university that does business as University of Utah Health, where it operates five hospitals and twelve community health care centers as part of its healthcare system. [BN] The Plaintiff is represented by: Jared D. Scott, Esq. ANDERSON & KARRENBERG, LLC 50 West Broadway, Suite 600 Salt Lake City, UT 84101-2035 Telephone: (801) 534-1700 E-mail: jscott@aklawfirm.com - and - Jacob R. Rusch, Esq. Zackary S. Kaylor, Esq. JOHNSON BECKER, PLLC 444 Cedar Street, Suite 1800 Saint Paul, MN 55101 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: jrusch@johnsonbecker.com zkaylor@johnsonbecker.com VOLATO INC: Gray Plaintiffs Seek Leave to File Class Cert Reply --------------------------------------------------------------- In the class action lawsuit captioned as LOUANN GRAY, KHEA TREVENA, AND MICHAEL RICKETTS, on their own behalf and on behalf of those similarly situated, v. VOLATO, INC. and VOLATO GROUP, INC., Case No. 3:24-cv-00952-WWB-PDB (M.D. Fla.), the Plaintiffs ask the Court to enter an order grating motion for leave to file a reply in support of their motion for class certification: The Plaintiffs filed their Renewed Motion for Class Certification and Approval of Class Representatives, Class Counsel, and Notice on March 31, 2025. The Defendants filed their Response in Opposition on May 5, 2025. A Reply is necessary to respond to Defendants' assertions that the class definition is overbroad and requires interpretations of terms of art; that there is no commonality where the employees all worked remotely; and that there is no typicality because some employees secured subsequent employment with another company. Volato operates as a private jet company. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=aK1ffv at no extra charge.[CC] The Plaintiffs are represented by: Ryan D. Barack, Esq. Michelle Erin Nadeau, Esq. KWALL BARACK NADEAU PLLC 304 S. Belcher Rd., Suite C Clearwater, FL 33765 Telephone: (727) 441-4947 Facsimile: (727) 447-3158 E-mail: rbarack@employeerights.com mnadeau@employeerights.com - and - Arthur Schofield, Esq. ARTHUR T. SCHOFIELD, P.A Via Jardin Building 330 Clematis Street, Suite 207 West Palm Beach, FL 33401 Telephone: (561) 655-4211 Facsimile: (561) 655-5447 E-mail: aschofield@flalabor.com WANG CYNERGY: Faces Layne Suit Over Blind-Inaccessible Website -------------------------------------------------------------- DALE LAYNE, on behalf of himself and all others similarly situated, Plaintiff v. WANG CYNERGY SPA, INC., Defendant, Case No. 1:25-cv-02443 (E.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. Wang Cynergy Spa, Inc. operates the website that offers spa services, including massages, facials, body scrubs, and waxing.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com WELLS FARGO: Elgin Sues Over Denial of Mortgage Forbearance ----------------------------------------------------------- MARIAN ELGIN, individually and on behalf of all others similarly situated, Plaintiff v. WELLS FARGO BANK, N.A., Defendant, Case No. 3:25-cv-03937 (N.D. Cal., May 6, 2025) arises from Defendant's improper denial of mortgage forbearance under the Coronavirus Aid, Relief, and Economic Security Act. As a result of improperly denying her payment assistance options and the forced short sale of her home, as Wells Fargo's letter indicates, the Plaintiff suffered damages associated with differences in interest, monthly payment, principal balance and fees associated with the forbearance and short sale. Further, in addition to non-economic damages associated with the the forbearance and forced short sale of her home, the Plaintiff has suffered damages, including but not limited to loss of equity in her home, loss of opportunity for equity in her home, costs associated with the sale of her home, and Wells Fargo's wrongfully reporting inaccurate information to credit reporting agencies regarding her residential mortgage loan when, in reality, she was improperly denied forbearance and other payment assistance options under the CARES Act. Moreover, the Plaintiff alleges that Wells Fargo successfully concealed from the public and from the Plaintiff and the Class the material fact that improper assessment of fees or interest and improper denial of mortgage payment forbearance had occurred until 2025. The Plaintiff now asserts claims for negligence and unjust enrichment. Wells Fargo is a national banking association headquartered in San Francisco, CA. [BN] The Plaintiff is represented by: Kristen Lake Cardoso, Esq. Ken Grunfeld, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas, Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: cardoso@kolawyers.com grunfeld@kolawyers.com WHC WORLDWIDE: Faces Garrett et al. Disability Discrimination Suit ------------------------------------------------------------------ JACQUELINE GARRETT, KATHI PUGH, and DORENE GIACOPINI, and others similarly situated Plaintiffs v. WHC Worldwide, LLC and WHC zShuttle, LLC, Defendant, Case No. 4:25-cv-03904 (N.D. Cal., May 5, 2025) seeks to remedy Defendants' discrimination against individuals with mobility disabilities who want to, but cannot, use SuperShuttle's airport transportation services because they do not provide services to individuals who need wheelchair-accessible vehicles. The Plaintiffs allege that the Defendants exclude people with mobility disabilities who need wheelchair-accessible vehicles from accessing their airport transportation services, in violation of Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. WHC Worldwide, LLC is a privately held limited liability company. It is the parent company of WHC zShuttle, LLC, which provides airport transportation services throughout California, including in Contra Costa and Alameda Counties. [BN] The Plaintiffs are represented by: Meredith Weaver, Esq. Shawna Parks, Esq. Desiree Robedeaux, Esq. DISABILITY RIGHTS ADVOCATES 2001 Center Street, 3rd Floor Berkeley, CA 94704-1204 Telephone: (510) 665-8644 Facsimile: (510) 665-8511 E-mail: MWeaver@DRALegal.org SParks@DRALegal.org DRobedeaux@DRALegal.org - and - Rachel Weisberg, Esq. DISABILITY RIGHTS ADVOCATES 300 South Wacker Drive, Floor 32 Chicago, IL 60606-6680 Telephone: (332) 217-2319 Facsimile: (212) 644-8636 WOLVERINE FUELS: Jones Sues Over Failure to Pay Overtime -------------------------------------------------------- Tony Jones, individually and on behalf of all others similarly situated, Plaintiff v. Wolverine Fuels, LLC, Defendant, Case No. 2:25-cv-00345-JCB (D. Utah, May 2, 2025) is brought by the Plaintiff as a collective action to recover unpaid overtime wages and other damages from the Defendant under the Fair Labor Standards Act. The Defendant employed Jones as one of its hourly employees in Utah. The Plaintiff and the other hourly employees regularly work more than 40 hours a workweek. However, the Defendant does not pay Jones and the other hourly employees for all their hours worked, including overtime hours, says the complaint. Rather, the Defendant requires Jones and the other hourly employees to suit into protective clothing and safety gear necessary to safely perform their job duties and travel into the mines also known as "donning," while on Defendant's premises, all prior to being "clocked in," asserts the complaint. The Defendant's pre/post shift off the clock policy violates the FLSA by depriving Jones and the other hourly employees of overtime wages when they work in excess of 40 hours in a workweek, the suit asserts. Plaintiff Jones worked for the Defendant as an Outby Worker from approximately May 2018 to June 2022. Wolverine Fuels, LLC is a mining company with its principal place of business in Sandy, Utah.[BN] The Plaintiff is represented by: Lauren I. Scholnick, Esq. Anthony Tenney, Esq. SCHOLNICK THORNE HOLLAND The Historic Sarah White Home 40 South 600 East Salt Lake City, UT 84102 Telephone: (801) 359-4169 Facsimile: (801) 359-4313 E-mail: lauren@utahjobjustice.com anthony@utahjobjustice.com - and - Carl A. Fitz, Esq. FITZ LAW PLLC 3730 Kirby Drive, Ste. 1200 Houston, TX 77098 Telephone: (713) 766-4000 E-mail: carl@fitz.legal ZOOMINFO TECHNOLOGIES: Bid to Strike Class Allegations Tossed ------------------------------------------------------------- In the class action lawsuit captioned as MEMARY LAROCK, v. ZOOMINFO TECHNOLOGIES LLC, Case No. 3:24-cv-05745-KKE (W.D. Wash.), the Hon. Judge Kymberly Evanson entered an order denying the Defendant's motion to dismiss and motion to strike class allegations. In sum, while these issues may be revisited at the class certification or summary judgment stage, the Court concludes that the class allegations are sufficiently pleaded. The Plaintiff Memary LaRock sues ZoomInfo Technologies LLC for violating Washington's Personality Rights Act ("WPRA"). LaRock brings this action on behalf of two putative classes: Free Preview Profile Page Class: "All natural persons residing in the United States, but excluding persons residing in California, Illinois, Indiana, and Nevada, who are not subscribers to Zoominfo.com and for whom Defendant established a free-preview "profile" page on Zoominfo.com. Free Trial Class: "All natural persons residing in the United States, but excluding persons residing in California, Illinois, Indiana, and Nevada, who are not subscribers to Zoominfo.com and for whom Defendant established a "Contact Profile" page accessible to 'free trial' subscribers of Zoominfo.com." ZoomInfo is an American software and data company. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Sel6VO at no extra charge.[CC] Asbestos Litigation ASBESTOS UPDATE: Chemours Has 800 Pending PI Lawsuits at March 31 ----------------------------------------------------------------- The Chemours Company, at both March 31, 2025 and December 31, 2024, had approximately 800 lawsuits pending against former parent company EID alleging personal injury from exposure to asbestos, respectively, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "These cases are pending in state and federal court in numerous jurisdictions in the U.S. and are individually set for trial. A small number of cases are pending outside of the U.S. Most of the actions were brought by contractors who worked at sites between the 1950s and the 1990s. A small number of cases involve similar allegations by EID employees or household members of contractors or EID employees. Finally, certain lawsuits allege personal injury as a result of exposure to EID products. "With limited exception, the Company previously rejected EID's demand for indemnity and defense of asbestos and product liability matters arising from an EID subsidiary, Sporting Goods Properties, Inc., ("SGPI"). EID brought an arbitration proceeding on this issue and in November 2024, the Company and EID reached an agreement in principle and adjourned the arbitration. We finalized the settlement agreement in March 2025. Per the terms of the agreement in principle, the Company assumed approximately 20 current SGPI asbestos cases as well as all future SGPI asbestos and product liability claims. The agreement also includes that the Company is entitled to insurance recoveries where applicable under certain existing insurance policies as well as potential cost sharing between the parties for certain cases. "At March 31, 2025 and December 31, 2024, Chemours had accruals of $61 related to these matters, respectively." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=utAKif ASBESTOS UPDATE: Constellation Energy Has $125MM Est. Liabilities ----------------------------------------------------------------- Constellation Energy Generation, LLC, at March 31, 2025 and December 31, 2024, respectively, has recorded estimated liabilities of approximately $126 million and $125 million for asbestos-related bodily injury claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "As of March 31, 2025, approximately $17 million related to 208 open claims presented to us, while the remaining $109 million is for estimated future asbestos-related bodily injury claims anticipated to arise through 2055, based on actuarial assumptions and analyses, which are updated on an annual basis. On a quarterly basis, we monitor actual experience against the number of forecasted claims to be received and expected claim payments and evaluate whether adjustments to the estimated liabilities are necessary." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=j3SykY ASBESTOS UPDATE: Coty Inc. Defends Product Liability Actions ------------------------------------------------------------ Coty Inc. has been named as a defendant in numerous civil actions alleging that certain cosmetic talcum powder products they sold were contaminated with asbestos leading to bodily injury, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. Most of these actions involve a number of co-defendants and, to date, many such actions have been resolved by settlement or other resolution acceptable to the Company. In each of the previous fiscal years the value of settlements, both individually and in the aggregate, has not been material but, due to the rising number of filed and pending cases against the Company, as well as the evolving litigation landscape, settlement values and other costs associated with these cases are likely to increase in the future. The Company believes that a limited portion of its costs incurred in defending and resolving certain of these claims will be covered by insurance policies issued by several insurance carriers, subject to deductibles, exclusions, retentions and policy limits and in some cases there may be indemnity obligations of third parties. While the Company and its legal counsel intend to continue to defend these cases vigorously, there can be no assurances regarding the ultimate resolution of these matters, individually or collectively. The Company has accrued for such litigation when the likelihood of loss is probable and a reasonable estimate of such loss can be made, and such accruals are not material to the Company's condensed consolidated financial statements. However, the range of reasonably possible losses in excess of accrued liabilities currently cannot be reasonably estimated. A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=gCZ7Dq ASBESTOS UPDATE: Crown Cork Defends 300 New Exposure Claims ----------------------------------------------------------- Crown Holdings, Inc.'s wholly-owned subsidiary, Crown Cork & Seal Company, Inc., is one of many defendants in a substantial number of lawsuits filed throughout the U.S. by persons alleging bodily injury as a result of exposure to asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. During the three months ended March 31, 2025, the Company has received 300 new claims. Crown Cork has entered into arrangements with plaintiffs' counsel in certain jurisdictions with respect to claims which are not yet filed, or asserted, against it. However, Crown Cork expects claims under these arrangements to be filed or asserted against Crown Cork in the future. The projected value of these claims is included in the Company’s estimated liability as of March 31, 2025. As of March 31, 2025, the Company's accrual for pending and future asbestos-related claims and related legal costs was $183, including $129 for unasserted claims. The Company determines its accrual without limitation to a specific time period. A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=uRe9xe ASBESTOS UPDATE: Curtiss-Wright Faces Exposure Lawsuits ------------------------------------------------------- Curtiss-Wright Corporation has been named in pending lawsuits that allege injury from exposure to asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "To date, we have not been found liable or paid any material sum of money in settlement in any asbestos-related case. We believe that the minimal use of asbestos in our past operations and the relatively non-friable condition of asbestos in our products make it unlikely that we will face material liability in any asbestos litigation, whether individually or in the aggregate. We maintain insurance coverage for these potential liabilities and we believe adequate coverage exists to cover any unanticipated asbestos liability." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=NBj82M ASBESTOS UPDATE: Duke Energy Carolinas Has $387MM Reserves ---------------------------------------------------------- Duke Energy Carolinas, LLC has recognized asbestos-related reserves of $387 million at March 31, 2025, and $396 million at December 31, 2024, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "These reserves are classified in Other within Other Noncurrent Liabilities and Other within Current Liabilities on the Condensed Consolidated Balance Sheets. These reserves are based on Duke Energy Carolinas' best estimate for current and future asbestos claims through 2044 and are recorded on an undiscounted basis. In light of the uncertainties inherent in a longer-term forecast, management does not believe they can reasonably estimate the indemnity and medical costs that might be incurred after 2044 related to such potential claims. It is possible Duke Energy Carolinas may incur asbestos liabilities in excess of the recorded reserves. "Duke Energy Carolinas has third-party insurance to cover certain losses related to asbestos-related injuries and damages above an aggregate self-insured retention. Receivables for insurance recoveries were $539 million at March 31, 2025, and December 31, 2024. These amounts are classified in Other within Other Noncurrent Assets and Receivables within Current Assets on the Condensed Consolidated Balance Sheets. Any future payments up to the policy limit will be reimbursed by the third-party insurance carrier. Duke Energy Carolinas is not aware of any uncertainties regarding the legal sufficiency of insurance claims. Duke Energy Carolinas believes the insurance recovery asset is probable of recovery as the insurance carrier continues to have a strong financial strength rating. "The reserve for credit losses for insurance receivables is $9 million as of March 31, 2025, and December 31, 2024, for both Duke Energy and Duke Energy Carolinas. The insurance receivable is evaluated based on the risk of default and the historical losses, current conditions and expected conditions around collectability. Management evaluates the risk of default annually based on payment history, credit rating and changes in the risk of default from credit agencies." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=9G71ae ASBESTOS UPDATE: Everest Group Reports $206MM Net Loss Reserves --------------------------------------------------------------- Everest Group, Ltd., at March 31, 2025, had net asbestos loss reserves of $206 million, or 88.7%, of total net A&E reserves, all of which was for assumed business, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "At March 31, 2025, we had gross asbestos loss reserves of $224 million, or 89.4% of total gross A&E reserves, all of which was for assumed business. "Ultimate loss projections for A&E liabilities cannot be accomplished using standard actuarial techniques. We believe that our A&E reserves represent management's best estimate of the ultimate liability; however, there can be no assurance that ultimate loss payments will not exceed such reserves, perhaps by a significant amount. "Industry analysts use the "survival ratio" to compare the A&E reserves among companies with such liabilities. The survival ratio is typically calculated by dividing a company's current net reserves by the three-year average of annual paid losses. Hence, the survival ratio equals the number of years that it would take to exhaust the current reserves if future loss payments were to continue at historical levels. Using this measurement, our net three-year asbestos survival ratio was 7.1 years at March 31, 2025. These metrics can be skewed by individual large settlements occurring in the prior three years and therefore may not be indicative of the timing of future payments." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=RcGJrD ASBESTOS UPDATE: Freeport-McMoRan Reports $448MM Litigation Reserve ------------------------------------------------------------------- At March 31, 2025, Freeport-McMoRan Inc. had a total litigation reserve of $448 million associated with the global settlement, including $253 million associated with the J&J settlement, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. In January 2025, the claimants in both the Imerys Talc America (Imerys) and Cyprus Mines Corporation, bankruptcy cases approved a global settlement, which remains subject to bankruptcy court approvals in both cases. In accordance with the global settlement, Cyprus Amax Minerals Company (CAMC), an indirect wholly owned subsidiary of FCX and Cyprus Mines’ parent company, agreed to contribute $195 million over seven years to a proposed claimant trust. In addition, in 2024, Cyprus Mines and Imerys entered into a settlement agreement with Johnson & Johnson (J&J), which became effective in February 2025. In accordance with the settlement agreement, (i) all indemnity claims against J&J were released, and Imerys and Cyprus Mines waived claims against insurers that could lead to the insurers asserting claims against J&J; and (ii) J&J agreed to pay $505 million to Imerys and Cyprus Mines (shared 50/50 between the two parties). In accordance with the settlement, Cyprus Mines received cash of $202 million in first-quarter 2025, with the remaining $51 million to be received by December 31, 2025. A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=lUunXx ASBESTOS UPDATE: Goodyear Tire Defends Personal Injury Lawsuits --------------------------------------------------------------- The Goodyear Tire & Rubber Company is a defendant in numerous lawsuits alleging various asbestos-related personal injuries purported to result from alleged exposure to asbestos in certain products it manufactured or present in certain of its facilities, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "To date, we have disposed of approximately 163,800 claims by defending, obtaining the dismissal thereof, or entering into a settlement. The sum of our accrued asbestos-related liability and gross payments to date, including legal costs, by us and our insurers totaled approximately $593 million through March 31, 2025 and $589 million through December 31, 2024." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=xQoghK ASBESTOS UPDATE: Int'l. Paper Records $100MM Liability at March 31 ------------------------------------------------------------------ International Paper Company has been named as a defendant in various asbestos-related personal injury litigation, in both U.S. state and federal court, primarily in relation to the prior operations of certain companies it previously acquired, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "The Company's total recorded liability with respect to pending and future asbestos-related claims was $100 million net of insurance recoveries as of both March 31, 2025 and December 31, 2024. While it is reasonably possible that the Company may incur losses in excess of its recorded liability with respect to asbestos-related matters, we are unable to estimate any loss or range of loss in excess of such liability, and do not believe additional material losses are probable." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=CYN0Ie ASBESTOS UPDATE: Merck & Co. Has 500 Pending Cases as of March 31 ----------------------------------------------------------------- Merck & Co., Inc. is a defendant in product liability lawsuits in the U.S. arising from consumers' alleged exposure to talc in Dr. Scholl's foot powder, which Merck acquired through its merger with Schering-Plough Corporation and sold as part of the divestiture of Merck's consumer care business to Bayer in 2014, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "In these actions, plaintiffs allege that they were exposed to asbestos-contaminated talc and developed mesothelioma as a result. As of March 31, 2025, approximately 500 cases were pending against Merck in various state courts." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=Ewsf5s ASBESTOS UPDATE: MRC Global Faces 1,034 PI Claims as of March 31 ---------------------------------------------------------------- MRC Global Inc., as of March 31, 2025, has been named a defendant in approximately 469 lawsuits involving approximately 1,034 claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "These plaintiffs typically assert exposure to asbestos as a consequence of third-party manufactured products that our MRC Global (US) Inc. subsidiary purportedly distributed. "No asbestos lawsuit has resulted in a judgment against us to date, with a majority being settled, dismissed or otherwise resolved. Applicable third-party insurance has substantially covered these claims, and insurance should continue to cover a substantial majority of existing and anticipated future claims. Accordingly, we have recorded a liability for our estimate of the most likely settlement of asserted claims and a related receivable from insurers for our estimated recovery, to the extent we believe that the amounts of recovery are probable. It is not possible to predict the outcome of these claims and proceedings. However, in our opinion, the likelihood that the ultimate disposition of any of these claims and legal proceedings will have a material adverse effect on our condensed consolidated financial statements is remote." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=ZIXkkd ASBESTOS UPDATE: ODP Corp. Estimates $25MM Contingent Liabilities ----------------------------------------------------------------- The ODP Corporation's operating subsidiary OfficeMax, is named as a defendant in a number of lawsuits, claims, and proceedings arising out of the operation of certain paper and forest products assets prior to those assets being sold in 2004, for which OfficeMax agreed to retain responsibility, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "As part of that sale, OfficeMax agreed to retain responsibility for all pending, threatened and future proceedings alleging asbestos-related injuries arising out of the operation of the paper and forest products assets prior to the closing of the sale. The Company does not believe any of these OfficeMax retained proceedings are material to the Company's financial position, results of operations, or cash flows; however, the Company has made provision for losses with respect to the pending proceedings. Additionally, as of December 28, 2024, the Company has made provision for environmental liabilities with respect to certain sites where hazardous substances or other contaminants are or may be located. For all of the above-mentioned liabilities, the Company's combined estimated range of reasonably possible losses was approximately $20 million to $25 million. The Company regularly monitors its estimated exposure to contingent liabilities. As additional information becomes known, these estimates may change. A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=xnznqB ASBESTOS UPDATE: Olin Accrues $17.1MM Liabilities at March 31 ------------------------------------------------------------- Olin Corporation, and its subsidiaries, are defendants in various legal actions (including proceedings based on alleged exposures to asbestos) incidental to its past and current business activities, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "As of March 31, 2025, December 31, 2024 and March 31, 2024, our condensed balance sheets included accrued liabilities for these other legal actions of $17.1 million, $19.7 million and $17.7 million, respectively. These liabilities do not include costs associated with legal representation. Based on our analysis, and considering the inherent uncertainties associated with litigation, we do not believe that it is reasonably possible that these legal actions will materially adversely affect our financial position, cash flows or results of operations. "During the ordinary course of our business, contingencies arise resulting from an existing condition, situation or set of circumstances involving an uncertainty as to the realization of a possible gain contingency. In certain instances, such as environmental projects, we are responsible for managing the cleanup and remediation of an environmental site. There exists the possibility of recovering a portion of these costs from other parties. We account for gain contingencies in accordance with the provisions of ASC 450 "Contingencies" and, therefore, do not record gain contingencies and recognize income until it is earned and realizable." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=PVRIyW ASBESTOS UPDATE: Paramount Global Has 17,720 Pending Claims ----------------------------------------------------------- Paramount Global is a defendant in lawsuits claiming various personal injuries related to asbestos and other materials, which allegedly occurred as a result of exposure caused by various products manufactured by Westinghouse, a predecessor, generally prior to the early 1970s, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "As of March 31, 2025, we had pending approximately 17,720 asbestos claims, as compared with approximately 18,310 as of December 31, 2024. During the first quarter of 2025, we received approximately 820 new claims and closed or moved to an inactive docket approximately 1,410 claims. We report claims as closed when we become aware that a dismissal order has been entered by a court or when we have reached agreement with the claimants on the material terms of a settlement. Settlement costs depend on the seriousness of the injuries that form the basis of the claims, the quality of evidence supporting the claims and other factors. Our total costs for the years 2024 and 2023 for settlement and defense of asbestos claims after insurance recoveries and net of tax were approximately $34 million and $54 million, respectively. Our costs for settlement and defense of asbestos claims may vary year to year and insurance proceeds are not always recovered in the same period as the insured portion of the expenses." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=fxI4JE ASBESTOS UPDATE: Park-Ohio Holdings Defends 109 Exposure Cases -------------------------------------------------------------- Park-Ohio Holdings Corp. was a co-defendant in 109 cases asserting claims on behalf of 153 plaintiffs alleging personal injury as a result of exposure to asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "These asbestos cases generally relate to production and sale of asbestos-containing products and allege various theories of liability, including negligence, gross negligence and strict liability, and seek compensatory and, in some cases, punitive damages. "In every asbestos case in which we are named as a party, the complaints are filed against multiple named defendants. In substantially all of the asbestos cases, the plaintiffs either claim damages in excess of a specified amount, typically a minimum amount sufficient to establish jurisdiction of the court in which the case was filed (jurisdictional minimums generally range from $25,000 to $75,000), or do not specify the monetary damages sought. To the extent that any specific amount of damages is sought, the amount applies to claims against all named defendants." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=W9xuFP ASBESTOS UPDATE: Perrigo Co. Defends 180 Product Liability Lawsuits ------------------------------------------------------------------- Perrigo Company plc has been named, together with other manufacturers, in product liability lawsuits in a variety of state courts alleging that the use of body powder products containing talcum powder causes mesothelioma and lung cancer due to the presence of asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. As of March 29, 2025, the Company has been named in approximately 180 individual lawsuits seeking compensatory and punitive damages. The Company has several defenses and continues to vigorously defend these lawsuits as well as explore various means of expeditiously resolving these claims. Trials for these lawsuits are currently scheduled throughout 2025 and 2026. A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=yYUcSJ ASBESTOS UPDATE: Pfizer Inc. Defends Personal Injury Lawsuits ------------------------------------------------------------- Numerous lawsuits against American Optical, Pfizer Inc. and certain of its previously owned subsidiaries are pending in various federal and state courts seeking damages for alleged personal injury from exposure to products allegedly containing asbestos and other allegedly hazardous materials sold by Pfizer and certain of its previously owned subsidiaries, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "Between 1967 and 1982, Warner-Lambert owned American Optical Corporation (American Optical), which manufactured and sold respiratory protective devices and asbestos safety clothing. In connection with the sale of American Optical in 1982, Warner-Lambert agreed to indemnify the purchaser for certain liabilities, including certain asbestos-related and other claims. Warner-Lambert was acquired by Pfizer in 2000 and is a wholly owned subsidiary of Pfizer. Warner-Lambert is actively engaged in the defense of, and will continue to explore various means of resolving, these claims. "There also are a small number of lawsuits pending in various federal and state courts seeking damages for alleged exposure to asbestos in facilities owned or formerly owned by Pfizer or its subsidiaries." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=j4Vjhq ASBESTOS UPDATE: U. S. Steel Faces 970 Active Cases as of March 31 ------------------------------------------------------------------ As of March 31, 2025, United States Steel Corporation was a defendant in approximately 970 active asbestos cases involving approximately 2,555 plaintiffs, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "The vast majority of these cases involve multiple defendants. About 1,585, or approximately 62 percent, of these plaintiff claims are currently pending in a jurisdiction which permits filings with massive numbers of plaintiffs. At December 31, 2024, U. S. Steel was a defendant in approximately 990 active asbestos cases involving approximately 2,575 plaintiffs. Based upon U. S. Steel's experience in such cases, it believes that the actual number of plaintiffs who ultimately assert claims against U. S. Steel will likely be a small fraction of the total number of plaintiffs. "The amount U. S. Steel accrues for pending asbestos claims is not material to U. S. Steel’s financial condition. However, U. S. Steel is unable to estimate the ultimate outcome of asbestos-related claims due to a number of uncertainties, including: (1) the rates at which new claims are filed, (2) the number of and effect of bankruptcies of other companies traditionally defending asbestos claims, (3) uncertainties associated with the variations in the litigation process from jurisdiction to jurisdiction, (4) uncertainties regarding the facts, circumstances and disease process with each claim and (5) any new legislation enacted to address asbestos-related claims. "Further, U. S. Steel does not believe that an accrual for unasserted claims is required. At any given reporting date, it is probable that there are unasserted claims that will be filed against the Company in the future. The Company engages an outside valuation consultant to assist in assessing its ability to estimate an accrual for unasserted claims. This assessment is based on the Company's settlement experience, including recent claims trends. The analysis focuses on settlements made over the last several years as these claims are likely to best represent future claim characteristics. After review by the valuation consultant and U. S. Steel management, it was determined that the Company could not estimate an accrual for unasserted claims." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=tPIvsE ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2025. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***