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C L A S S A C T I O N R E P O R T E R
Monday, October 13, 2025, Vol. 27, No. 204
Headlines
ABBOTT LABORATORIES: Legrand Seeks to File Class Docs Under Seal
ABBOTT LABORATORIES: Legrand Seeks to File Renewed Class Cert Bid
ALEX CAMILLE: Johnston Files TCPA Class Suit in C.D. Cal.
ALPHABET INC: Agrees to Settle Trump Class Action for $24.5MM
AMERICA OOTOYA: Naung Seeks to Recover Servers' Unpaid Wages
ANNE ARUNDEL: Discloses Personal, Health Info to Meta, Hillis Says
APOLLOMD BUSINESS: Townsend Balks at Unprotected Personal Info
ARISTOCRAT LEISURE: Removes Bean Suit to E.D. Tenn.
ATKINSON CONSULTING: Herzog Class Suit Seeks Wages Under FLSA
ATX MAFIA: Potter FTSA Class Suit Removed to S.D. Fla.
BENEFITS NOW: Class Certification Discovery Ordered in "Rashley"
BENNINGTON POTTERS: Website Inaccessible to the Blind, Suit Says
BESSA BROTHERS: Fails to Pay Proper Wages, Sousa Suit Says
BIG JIM'S: Fernandez Seeks Equal Website Access for the Blind
BLACKBERRY LTD: Swisscanto Trial Date Still Not Set
BOYD GAMING: Fails to Prevent Data Breach, Tiedke Alleges
BOYKIN FARMS: Court Decertifies Lopez Collective Action
BUCKLEY CABLE: Filing for Class Cert Bid Amended to Feb. 27, 2026
CAMPER'S INN: Fails to Secure Personal Info, Marshall Suit Says
CAULER CONTAINERS: Fails to Pay Proper Wages, O'Donnell Says
CCI FINANCIAL: Obritz Files Personal Injury Suit in D. Utah
CELIGO INC: Faces Hecht Class Suit Over Data Broker Software
CEPTON INC: Faces Kabula Suit Over Securities Market Value Drop
CHARRO CONCRETE: Suarez Seeks Unpaid Wages, OT Under FLSA, NYLL
CHILDREN'S CENTER: Faces Mims Suit Over Unprotected Personal Info
COCA-COLA BOTTLING: Williams Suit Seeks Unpaid OT Pay Under FLSA
COMMVAULT SYSTEMS: Faces Heiting Suit Over Data Broker Software
COSTA DEL MAR: Class Cert Oral Argument in Reed Set for Oct. 22
CREDIT SUISSE: Core Capital Seeks to Certify Rule 23 Class Action
DANIEL BEERS: Glasgow Seeks Leave to File Corrected Reply Brief
DAVA MARKETING: Cook Seeks Conditional Class Cert of Action
DAVID SALINAS: Bid to Extend Class Cert Deadline Nixed
DISNEY WORLDWIDE: Faces Suit Over Data Privacy Violations
DRINK RECESS: Website Inaccessible to Blind Users, Young Says
EPISCOPAL CHURCH: Fails to Pay Proper Wages, Admiral Alleges
ESSENTIA HEALTH: Kraft Suit Seeks to Certify Class
FARMER BROS: Fails to Prevent Data Breach, Stanford Says
FARMERS INSURANCE: Garcia Files Tort Suit in C.D. Calif.
FFF+US INC: Suit Seeks Equal Website Access for the Blind
FRANCA SERVICE: Fails to Pay Proper Wages, Costa Suit Alleges
FREEPORT-MCMORAN INC: Rosen Law Probes Potential Securities Claims
FUNDAMENTAL ADMINISTRATIVE: Thompson Sues Over Unprotected Info
GORILLA SUSHI: Faces Macias Suit for Misappropriation of Tips
HABITAT FOR EXCELLENCE: Takpiti Seeks to Recover Unpaid Wages
HAG LLC: Seeks Chapter 7 Bankruptcy in Georgia
HARD ROCK: Syla Seeks FLSA Conditional Collective Status
HERSHEY COMPANY: Court Tosses Vidal Suit w/o Prejudice
HOME PARTNERS: Agrees to Settle Misleading Leases' Suit for $34MM
HOSPITAL SISTERS: Settles Data Breach Class Suit for $7.6MM
HUM NUTRITION: Faces Nwaigbo Suit Over Misleading GLP-1 Booster Ads
ICONIC MORTGAGE: Laccinole Files Suit Over FCRA Violation
INOTIV INC: Continues to Defend Doyal Class Suit in Indiana
INOTIV INC: Continues to Defend Merrell Class Suit in Indiana
INOTIV INC: Continues to Defend Wagner Class Suit in Indiana
INTERNATIONAL GAME: Fails to Secure Personal Info, Martinelli Says
INTERNATIONAL GAME: Fails to Secure Personal Info, Michaelis Says
JCF HOUSEMENTS: Settlement in Hadley Class Suit Gets Approval
JOJO'S RESTAURANT: Sued Over Property's Architectural Barriers
KAISER PERMANENTE: Removes Cedillo Suit to C.D. Calif.
KENT MARTIN: Burch Seeks to Certify Class of Detainees
LATOYA HUGHES: Court Narrows Claims in Brozak Suit
LOAN STORE: Furman Class Suit Seeks Overtime Pay Under FLSA
LOANCARE LLC: Fails to Pay Proper Wages, Centeno Alleges
LUNA INNOVATIONS: Securities Suit Gets Preliminary Certification
LUXOTTICA OF AMERICA: Class Cert Hearing Set for Oct. 23
MAYO CLINIC: S.S. Privacy Suit Removed to N.D. Calif.
META PLATFORMS: Bid to Strike Class Allegations Partly OK'd
MLS PROPERTY: $4-Mil. Class Action Settlement Gets Final Approval
MONSANTO COMPANY: Schannette Sues Over Defective Herbicide Roundup
MONSANTO COMPANY: Tanner Sues Over Defective Herbicide Roundup
MOTILITY SOFTWARE: Fails to Protect Personal Info, Reynicke Says
MULTICARE HEALTH: Hill Suit Removed from State Ct. to W.D. Wash.
NATIONAL INSTRUMENTS: Court Certifies Class in Securities Suit
NESTLE HEALTHCARE: Seeks to File Class Opposition Under Seal
NEW ERA: Website Inaccessible to the Blind Users, Cazares Alleges
NEW LOTS: Fails to Pay Proper Wages, Zhang Suit Alleges
NEXAR INC: Faces Richard Suit Over Fraudulent Dash Cam Security
OPW FUELING: Solis Seeks FLSA Conditional Class Certification
ORGANIFI LLC: Fernandez Balks at Blind User-Inaccessible Website
OUTCOMES ONE: Fails to Prevent Data Breach, Anderson Alleges
PASTEUR PHARMACY: Faces Trippett Over Blind-Inaccessible Website
PAYACTIV INC: Fails to Secure Personal Info, Gomez Says
PAYACTIV INC: Fails to Secure Personal Info, Mijangos Suit Says
PAYACTIV INC: Fails to Secure Personal Info, Toth Says
PETER MILLAR: Website Inaccessible to the Blind, Moran Alleges
PHILLIP MICHAEL: Website Inaccessible to the Blind, Ford Alleges
POLARIS SOFTWARE: Hughes Suit Over Use of Data Broker Software
POMPEII 3 INC: Bahena Seeks Equal Website Access for the Blind
REIMAGINE FOOTBALL: Website Inaccessible to the Blind, David Says
REMARKABLE OPERATIONS: Young Sues Over Blind-Inaccessible Website
REZOLVE AI: Rosen Law Investigates Potential Securities Claims
RITCHIE TRUCKING: Class Settlement in Imber Gets Initial Nod
RODNEY RIGGS: Property Inaccessible to Disabled People, Alger Says
RPM PIZZA: Rist Seeks Minimum Wages & OT for Delivery Drivers
SALESFORCE INC: Yockey Seeks to File Docs Under Seal
SAVOYA LLC: Court Dismisses State Claims in "Cuhadar"
SAZERAC COMPANY: Bid to Stay Del Rosario Class Suit Tossed
SELLAN STRUCTURAL: Parties in Conejo Suit Seek Settlement Talk
SEMRUSH HOLDINGS: Breaches Fiduciary Duties, Mody Suit Says
SIMULATIONS PLUS: Rosen Law Probes Potential Securities Claims
SMILE DESIGN: Website Inaccessible to the Blind, Ford Alleges
SNAP LOCK: Lambing Sues Over Deceptive Business Practices
SOLSTICE BENEFITS: Lyngaas's Bid to Certify Class Tossed
SOUTHERN CALIFORNIA: Fails to Pay Proper Wages, Bell Alleges
SPRINTFONE INC: Court OKs Discovery in "Bland"
STAINEDGLASSWINDOWS.COM INC: Frost Sues Over Inaccessible Website
STITCH FIX: Securities Class Suit Pending in N.D. Cal.
SYNGENTA CROP: Faces Dehaven Suit Over Defective Paraquat Products
SYNGENTA CROP: Faces Roller Suit Over Defective Paraquat Products
SYNGENTA CROP: Lorton Sues Over Defective Paraquat Products
T.R.A. INDUSTRIES: Fails to Secure Personal Info, Post Says
TAKEDA PHARMA: Court Adopts CVS' Initial Class Definition
TIKTOK INC: Robinson Files Fraud Class Suit in C.D. Calif.
U.S. SILVER: Faces Otto Suit Over Failure to Pay Proper Wages
UMATILLA, FL: Faces Liggett Suit Over Unpaid OT, Retaliation
UNICOIN INC: Continues to Defend Finch Class Suit in New York
UNITED COAL: Fails to Pay Proper Wages, Tester Alleges
UNITED EQUITY: Ball Sues Over Deceptive Foreclosure Practices
UNITED STATES: Faces Chicago Suit Over First Amendment Rights
UNITEDHEALTH GROUP: Parties Seek Sealing Order of Class Documents
UNIVERSITY RETIREMENT: Cisco Files Labor Class Suit in Cal. Super.
VALPARAISO UNIVERSITY: Fails to Prevent Data Breach, Clark Says
VENEZUELA: Mazzaccone Seeks Class Certification
VERIFY DEBT: Faces Keedi Suit Over Unsolicited Text Messages
WALGREENS BOOT: Faces Keedi Suit Over Unsolicited Text Messages
WASHINGTON NATIONALS: Faces Class Suit Over Undisclosed Junk Fees
WASTE MANAGEMENT: Deadline to File Settlement Claim Set Nov. 21
WEBMD LLC: Must Face "Penning" Suit in California State Court
WERNER GOURMET: Fernandez Balks at Blind User-Inaccessible Website
WESTGATE VACATION: Faces Tina Class Suit Over Predatory Lending
WOODS CONSTRUCTION: Property Violated ADA, Azzou Suit Says
X CORP: Fact Discovery in Gerber Suit Extended to Jan. 30, 2026
*********
ABBOTT LABORATORIES: Legrand Seeks to File Class Docs Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as CONDALISA LEGRAND on
behalf of herself, those similarly situated and the general public,
v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the
Plaintiff asks the Court to enter an order granting administrative
motion to consider whether materials designated as "CONFIDENTIAL"
and "HIGHLY CONFIDENTIAL" by Abbott Laboratories, provisionally
filed under seal, should be maintained under seal.
On June 8, 2023, the Court entered a Stipulated Protective Order.
Accordingly, Abbott has 7 days from the filing of this motion to
demonstrate compelling reasons for sealing Exhibits 1 and 2 to the
Supplemental Monroe Declaration and discussions of the same in the
Plaintiff's [Proposed] Renewed Motion for Class Certification.
Abbott is an American multinational healthcare company.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yuA3Ty at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Melanie R. Monroe, Esq.
Trevor M. Flynn, Esq.
Allison Ferraro, Esq.
FITZGERALD MONROE FLYNN PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
aferraro@fmfpc.com
ABBOTT LABORATORIES: Legrand Seeks to File Renewed Class Cert Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as CONDALISA LEGRAND on
behalf of herself, those similarly situated and the general public,
v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the
Plaintiff, on Oct. 30, 2025, 2025 at 10:00 a.m., will, pursuant to
Fed. R. Civ. P. 23(c)(1), move the Court for an Order granting
leave to file a renewed motion for class certification.
The Plaintiff has now addressed the Court's limited concerns in
denying certification by eliciting additional testimony from her
damages experts, Messrs. Gaskin and Weir, as to their conjoint
analysis, and by providing evidence that the health message is the
reason for purchasing Ensure.
The Plaintiff also further explains her approach to this case and
the reasons this case fits within the widely accepted framework,
including cases like Montera v. Premier Nutrition Corp., 111 F.4th
1018 (9th Cir. 2024), which was tried to a jury and the judgment in
favor of the class affirmed on appeal. Contrary to the Court's
analysis, that case was strikingly similar to this one.
Abbott is an American multinational healthcare company.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Yi3Q8w at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Melanie R. Monroe, Esq.
Trevor M. Flynn, Esq.
Allison Ferraro, Esq.
FITZGERALD MONROE FLYNN PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
aferraro@fmfpc.com
- and -
Timothy G. Blood, Esq.
Paula Brown, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
E-mail: tblood@bholaw.com
pbrown@bholaw.com
ALEX CAMILLE: Johnston Files TCPA Class Suit in C.D. Cal.
---------------------------------------------------------
A class action lawsuit has been filed against Alex Camille LLC. The
case is captioned Bianca Johnston, individually and on behalf of
all those similarly situated v. Alex Camille LLC, Case No.
5:25-cv-02499-MEMF-AJR (C.D. Cal., September 15, 2025).
The suit is brought over Defendant's alleged violation of the
Telephone Consumer Protection Act.
The case is assigned to Judge Maame Ewusi-Mensah Frimpong.
Alex Camille LLC retails clothing and accessories.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26th Street
Wilton Manors, FL 33305
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
ALPHABET INC: Agrees to Settle Trump Class Action for $24.5MM
-------------------------------------------------------------
Jill Goldsmith, writing for Deadline, reports that YouTube agreed
to pay $24.5 million to settle a July, 2021 lawsuit by Donald Trump
after his account was suspended following the U.S. Capitol riot.
Trump filed class action suits against tech giants Meta and Twitter
as well and the CEOs of all three companies for blocking his social
media accounts. YouTube/Google parent Alphabet is the last of the
three to settle with the president.
Mark Zuckerberg's Meta agreed early this year to pay $25 million to
settle, with about $22 million going to Trump's presidential
library and the rest to legal fees and other plaintiffs. X
(formerly Twitter) agreed to a $10 million settlement.
Google executives were eager to keep their settlement smaller than
the one paid by rival Meta, said the WSJ citing people familiar
with the matter. It said Trump's share of the settlement -- $22
million -- will go towards a new ballroom at the White House. Some
$2.5 million will go to the other plaintiffs in the case.
Trump has been raking in cash from legal settlements from tech and
media companies. That includes $16 million from Paramount in July
during a federal review of the company's merger with Skydance, and
the same amount from Disney in January. He had sued Paramount over
an interview with Kamala Harris by CBS' 60 Minutes, and took Disney
and ABC News to court for defamation for comments by anchor George
Stephanopoulos. [GN]
AMERICA OOTOYA: Naung Seeks to Recover Servers' Unpaid Wages
------------------------------------------------------------
PYO NE KHANT NAUNG, on behalf of himself and others similarly
situated, Plaintiff v. AMERICA OOTOYA INC. d/b/a TEMPURA MATSUI,
IZURU YOSHIMOTO, KOCHI ENDO, and ERIC DUONG, Defendants, Case No.
1:25-cv-07932 (S.D.N.Y., September 24, 2025) is an action brought
by Plaintiff on his own behalf and on behalf of all other similarly
situated employees, alleging violations of the Fair Labor Standards
Act and the New York Labor Law.
The complaint arises from the Defendants' alleged failure to pay
proper minimum wages, overtime compensation, and "spread of hours"
premium, Defendants' misappropriation of Plaintiffs tips, and
requiring Plaintiff to participate in an unlawful tip sharing
arrangement with other of Defendants' employees who do not
customarily receive tips as part of their employment.
The Plaintiff was employed by the Defendants to work at a
restaurant as non-exempt server from June 2022 until August 24,
2025.
America Ootoya Inc. owns and operates a high-end Japanese
restaurant doing business as Tempura Matsui located in New
York.[BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street, 40th Floor
New York, NY 10165
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
ANNE ARUNDEL: Discloses Personal, Health Info to Meta, Hillis Says
------------------------------------------------------------------
STEPHANIE ALLORI HILLIS, on behalf of herself and all others
similarly situated v. ANNE ARUNDEL DERMATOLOGY, P.A., Case No.
6:25-cv-1936 (M.D. Fla., October 6, 2025) seeks to address the
Defendant's outrageous, illegal, and widespread practice of
disclosing the Plaintiff's and Class Members' confidential
personally identifiable information and protected health
information to Meta Platforms
As recently as 2025, AAD regularly disclosed information about
prospective and actual patients, including their actual or
potential dermatologists, the clinics they visited or may visit,
and their personal identities, to Meta without those patients'
knowledge, authorization, or consent. The Defendant's unauthorized
disclosures of Private Information occurred, and continues to
occur, because of the tracking technology Defendant installed on
its Website, aadermatology.com, specifically, the Meta Pixel, says
the suit.
The Meta Pixel allows unauthorized third parties to intercept
patients' communications, capture and view their Private
Information, analyze it for purposes entirely unrelated to the
delivery of healthcare, and ultimately exploit it to serve targeted
advertising to individuals.
The Defendant owns and controls its Website, which it encourages
patients and prospective patients to use for: (1) scheduling
appointments; (2) learning about dermatological services and
treatment options; (3) identifying providers; (4) submitting
contact requests and forms; and (5) accessing information about
locations and insurance.
By coding the Meta Pixel onto its Website, Defendant knew that
Private Information of patients would be transmitted in connection
with seeking and receiving medical services, asserts the suit.
The Plaintiff and other Class Members reasonably believed that when
they visited and used Defendant's Website, they were communicating
solely with their trusted healthcare provider.
ANNE ARUNDEL DERMATOLOGY offers medical, pediatric, surgical, and
aesthetic dermatology services.[BN]
The Plaintiff is represented by:
Mark E. Silvey, Esq.
Robert R. Jimenez, Esq.
Valentina R. Barboza, Esq.
BRYSON HARRIS
SUCIU & DeMAY PLLC
201 Sevilla Avenue, Suite 200
Miami, FL 33134
Telephone: (786) 206-7896
E-mail: msilvey@brysonpllc.com
rjimenez@brysonpllc.com
vbarboza@brysonpllc.com
APOLLOMD BUSINESS: Townsend Balks at Unprotected Personal Info
--------------------------------------------------------------
SHAWANNA TOWNSEND, individually and on behalf of all others
similarly situated, Plaintiff v. APOLLOMD BUSINESS SERVICES, LLC
and RUSH COPLEY MEDICAL CENTER, Defendants, Case No.
1:25-cv-05443-SEG (N.D. Ga., September 24, 2025) is a class action
lawsuit on behalf of the Plaintiff and all persons who entrusted
Defendants with sensitive personally identifiable information and
protected health information that was impacted in a data breach.
The Plaintiff's claims arise from Defendants' failure to properly
secure and safeguard private information that was entrusted to
them, and their accompanying responsibility to store and transfer
that information.
According to the complaint, the sensitive nature of the data
exposed through the data breach signifies that Plaintiff and Class
Members have suffered irreparable harm. The Plaintiff and Class
Members have lost the ability to control their private information
and are subject to an increased risk of identity theft.
The Plaintiff brings this action individually and on behalf of a
Nationwide Class of similarly situated individuals against
Defendants for: negligence; negligence per se; unjust enrichment,
breach of implied contract, and breach of third-party beneficiary
contract.
ApolloMD is a physician practice management company based in
Georgia that offers multispecialty business and health services to
hospitals and health systems, including to Defendant Rush.
Rush is a 210-bed, non-profit, full-service hospital located in
Aurora, Illinois, providing inpatient, outpatient and ancillary
services. [BN]
The Plaintiff is represented by:
Casondra Turner, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
E-mail: cturner@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW
1 W Las Olas Blvd., Suite 500
Ft. Lauderdale, FL 3301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
ARISTOCRAT LEISURE: Removes Bean Suit to E.D. Tenn.
---------------------------------------------------
The Defendant in the case of JENNIFER LYNN BEAN; ALLEN BEAN;
GREGORY MOORE; and MICHELLE MOORE, individually and on behalf of
all others similarly situated, Plaintiffs v. ARISTOCRAT LEISURE,
LLC; ARISTOCRAT TECHNOLOGIES, INC.; and PRODUCT MADNESS, INC.,
Defendants, filed a notice to remove the lawsuit from the Circuit
Court for the Fourteenth Judicial District of Tennessee, County of
Coffee (Case No. 2023-CV-49184) to the U.S. District Court for the
Eastern District of Tennessee on Sept. 26, 2025.
The clerk of court for the Eastern District of Tennessee assigned
Case No. 4:25-cv-00054 to the proceeding.
The case is assigned to Curtis Lynn Collier and referred to
Magistrate Susan K. Lee.
Aristocrat Leisure Limited manufactures and sells gaming machines
in Australia and internationally. The Company also supplies gaming
systems, software, table gaming equipment and other gaming related
products and services to casinos, clubs and hotels. [BN]
The Defendants are represented by:
Robb S. Harvey, Esq.
HOLLAND & KNIGHT LLP
511 Union Street, Suite 2700
Nashville, TN 37219
Telephone: (615) 244-6380
- and -
Lindsey Barnhart, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
Email: lbarnhart@cov.com
- and -
Gary Rubman, Esq.
Nathan P. Lange, Esq.
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
Telephone: (202) 662-6000
Email: grubman@cov.com
nlange@cov.com
ATKINSON CONSULTING: Herzog Class Suit Seeks Wages Under FLSA
-------------------------------------------------------------
JOHN HERZOG, on behalf of himself and on behalf of all others
similarly situated v. ATKINSON CONSULTING, LLC, and FLUOR FEDERAL
SERVICES, INC., Case No. 0:25-cv-62006 (S.D. Fla., October 6, 2025)
seeks to recover unpaid overtime wages unlawfully withheld by the
Defendants under the Fair Labor Standards Act.
The complaint challenges the Defendants' uniform policy of
willfully misclassifying their Site Inspectors as independent
contractors when they are, under the economic reality test,
employees of Defendants as defined by the FLSA. By unlawfully
misclassifying their Site Inspectors, the Defendants create a
scheme in which they pass the ordinary costs of doing business on
to those employees they unlawfully categorize as independent
contractors and, therefore, evade Defendants’ obligations to pay
their employees the overtime premium required by Federal law,
asserts the suit.
Mr. Herzog began working for Defendants as a Site Inspector in May
2023.
The Defendants are in the business of providing project management
and technical services through contracting to FEMA.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
Wenzel Fenton Cabassa, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Telephone: (813) 337-7992
Facsimile: (813) 229-8712
Email: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
aketelsen@wfclaw.com
- and -
Eric Lechtzin Esq.
EDELSON LECHTZIN LLP
411 South State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399, Ext. 1
E-mail: elechtzin@edelson-law.com
ATX MAFIA: Potter FTSA Class Suit Removed to S.D. Fla.
------------------------------------------------------
The case styled as SIERRA POTTER, individually and on behalf of all
others similarly situated, Plaintiff v. ATX MAFIA, LLC, Defendant,
Case No. 56-2025-CA-001722, was removed from the Circuit Court of
the Nineteenth Judicial Circuit in and for St. Lucie County,
Florida to the United States District Court for the Southern
District of Florida on September 26, 2025.
The District Court Clerk assigned Case No. 2:25-cv-14354 to the
proceeding.
In this complaint, the Plaintiff alleges ATX made telephonic sales
calls by text message from a phone number that was not capable of
receiving phone calls in violation of the Florida Telephone
Solicitation Act.
ATX Mafia, LLC is a limited liability company with its principal
place of business in the State of Texas.[BN]
The Defendant is represented by:
Daniel S. Liebowitz, Esq.
Landmark Center Two
225 E. Robinson Street, Suite 650
Orlando, FL 32801
Telephone: (407) 730-3535
Facsimile: (407) 730-3540
E-mail: FLCourtFilings@cmlawfirm.com
BENEFITS NOW: Class Certification Discovery Ordered in "Rashley"
----------------------------------------------------------------
In the case captioned as Kyle Butler Rashley, individually and on
behalf of all others similarly situated, Plaintiff, v. Benefits
Now, LLC, Defendant, Civil Action No. 2:25-CV-10398-TGB-DRG (E.D.
Mich.), Judge Terrence G. Berg of the United States District Court
for the Eastern District of Michigan, Southern Division, granted
the Motion for Leave to Conduct Class Certification Discovery. This
is a putative class action in which Plaintiff alleges violations of
the Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section
227.
On February 10, 2025, Rashley filed a class action Complaint
against Benefits Now, LLC, alleging violations of the TCPA on
behalf of Rashley and the National Do Not Call Registry Class.
Specifically, Rashley alleges violations of 47 U.S.C. Section
227(c)(5) and 47 C.F.R. Section 64.1200(c), which prohibits
telephone solicitations to a residential telephone subscriber who
has registered his or her telephone number on the national
do-not-call registry. Rashley alleges that Plaintiff and members of
the National Do Not Call Registry Class are presumptively entitled
to an award of between $500 and $1,500 in damages for each call
made.
Rashley proposed a class of all persons in the United States whose
(1) residential telephone numbers were on the National Do Not Call
Registry for at least 31 days, (2) but who received more than one
telemarketing call from or on behalf of Defendant, (3) within a
12-month period, (4) at any time in the period that begins four
years before the date of filing this Complaint to trial.
Defendant was properly served on February 14, 2025. After Defendant
failed to appear or defend against the allegations, Rashley filed a
Motion for Clerk's Entry of Default, which was granted on April 24,
2025.
On June 30, 2025, the Court directed Rashley to file a memorandum
setting forth the reasons for not yet having sought default
judgment or a motion for default judgment. On July 25, 2025,
Rashley moved this Honorable Court for an order permitting him to
commence discovery so that he may seek class certification and
ultimately a potential classwide judgment.
Rashley reasoned that he is unable to move for a default judgment
at this time as to the classwide claims because the Plaintiff has
not yet obtained classwide calling records to ascertain the members
of the putative class and has not moved for class certification
under Rule 23, or given appropriate notice to the class under Rule
23(c)(2), both of which are prerequisites to seeking a classwide
default judgment.
Specifically, Rashley posited that third-party service providers
may be within the possession of classwide calling records
identifying who was called, and how many times, classwide text
messaging records, as well as potential recordings of some or all
of the calls and ancillary records identifying, for example,
information for the individuals called, whether other putative
class members were called as part of a specific calling campaign,
like Plaintiff, or alternatively, whether the calls were manually
dialed, such as in response to a customer inquiry.
The Court noted that a plaintiff seeking to certify a class must
meet the requirements of Fed. R. Civ. P. 23 even when default has
been entered against the defendant. Accordingly, when a default has
been entered against a defendant, but discovery is necessary to
resolve issues surrounding class certification, courts routinely
permit the plaintiff to conduct limited discovery. Courts have
frequently granted such discovery in TCPA cases. The Court
explained that it would be unjust to prevent Plaintiff from
attempting to demonstrate the elements for certification of a class
without the benefit of discovery, due to Defendant's failure to
participate in this case. However, the Court underlined that such
discovery should be limited to determine whether class
certification is proper and to evaluate the extent of the damages.
Therefore, the Court granted leave to conduct limited class
certification discovery as requested. Should any relevant third
parties object to Plaintiff's discovery requests, the Court will
then address the issue of the requests' scope and propriety.
Additionally, Plaintiff is directed to file a proposed scheduling
order within 7 days of the date of this Order allowing for a
discovery period not to exceed 120 days and setting dispositive
motion dates within 30 days of the close of discovery.
A copy of the Court's case is available at
https://urlcurt.com/u?l=bYfR5e from PacerMonitor.com
BENNINGTON POTTERS: Website Inaccessible to the Blind, Suit Says
----------------------------------------------------------------
DUSTIN YOUNGREN, on behalf of himself and all others similarly
situated v. Bennington Potters, Inc., Case No. 1:25-cv-12100 (N.D.
Ill., Oct. 3, 2025) alleges that the Defendant failed to design,
construct, maintain, and operate their website,
Benningtonpotters.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, in violation of the Americans with Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services they provide to their non-disabled customers through its
website. The Defendant's denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the ADA.
Accordingly, the website contains significant access barriers that
make it difficult if not impossible for blind and visually-impaired
customers to use the website. The access barriers make it
impossible for blind and visually-impaired users to even complete a
transaction on the website, says the suit.
Benningtonpotters.com provides to the public a wide array of the
goods, services, price specials and other programs offered by
Bennington Potters.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
BESSA BROTHERS: Fails to Pay Proper Wages, Sousa Suit Says
----------------------------------------------------------
VALDECI SOUSA, individually and on behalf of all others similarly
situated, Plaintiff v. BESSA BROTHERS, INC., Defendant, Case No.
4:25-cv-40145 (D. Mass., September 24, 2025) is a class action
seeking compensatory and punitive damages, counsel fees and costs,
and other equitable relief arising out of Defendant's violations of
the Massachusetts Payment of Wages Act, the Massachusetts Minimum
Fair Wages Act, and the Fair Labor Standards Act.
According to the complaint, the Plaintiff and all others similarly
situated worked for Defendant without receiving the appropriate
overtime and/or minimum wage compensation. The Defendant failed to
maintain accurate recordkeeping of the hours worked by Plaintiff
and all others similarly situated. Further, the Defendant
maintained a policy and practice of requiring Plaintiff and all
others similarly situated to work without providing overtime
compensation required by federal and state law and regulations.
Plaintiff Sousa was employed by the Defendant as a carpenter for
approximately eight years until his eventual termination in
September of 2023.
Bessa Brothers, Inc. is a hospitality company based in Milford,
Massachusetts.[BN]
The Plaintiff is represented by:
Olayiwola O. Oduyingbo, Esq.
Ana Barros, Esq.
ODU LAW FIRM, LLC
888 Reservoir Avenue, Floor 2
Cranston, RI 02910
Telephone: (401) 209-2029
Facsimile: (401) 217-2299
E-mail: odu@odulawfirm.com
abarros@odulawfirm.com
BIG JIM'S: Fernandez Seeks Equal Website Access for the Blind
-------------------------------------------------------------
DEVIN FERNANDEZ, individually and on behalf of all others similarly
situated, Plaintiffs v. BIG JIM'S BAR & GRILL, INC., Defendant,
Case No. 2:25-cv-05388 (E.D.N.Y., Sept. 25, 2025) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.villageidiotpubs.com, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Big Jim's Bar & Grill, Inc. operates as a retail restaurant. The
Restaurant provides craft beers, tacos, burgers and desserts. [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
Email: rsalim@steinsakslegal.com
BLACKBERRY LTD: Swisscanto Trial Date Still Not Set
---------------------------------------------------
Blackberry Ltd. disclosed in its Form 10-Q Report for the quarterly
period ending August 31, 2025 filed with the Securities and
Exchange Commission on September 25, 2025, that the Ontario
Superior Court of Justice has not yet scheduled trial date for
Swisscanto Fondsleitung class suit.
Between October and December 2013, several purported class action
lawsuits were filed against the Company and certain of its former
officers in various jurisdictions in Canada alleging that certain
of the Company's financial statements contain material
misstatements.
On July 23, 2014, the plaintiff in the putative Ontario class
action (Swisscanto Fondsleitung AG v. BlackBerry Limited, et al.)
filed a motion for class certification and for leave to pursue
statutory misrepresentation claims.
On November 17, 2015, the Ontario Superior Court of Justice issued
an order granting the plaintiffs' motion for leave to file a
statutory claim for misrepresentation.
On December 2, 2015, the Company filed a notice of motion seeking
leave to appeal this ruling.
On November 15, 2018, the Court denied the Company's motion for
leave to appeal the order granting the plaintiffs leave to file a
statutory claim for misrepresentation.
On February 5, 2019, the Court entered an order certifying a class
comprised persons (a) who purchased BlackBerry common shares
between March 28, 2013, and September 20, 2013, and still held at
least some of those shares as of September 20, 2013, and (b) who
acquired those shares on a Canadian stock exchange or acquired
those shares on any other stock exchange and were a resident of
Canada when the shares were acquired. Notice of class certification
was published on March 6, 2019.
The Company filed its Statement of Defence on April 1, 2019.
Discovery is proceeding and the Court has not set a trial date.
BlackBerry Limited provides intelligent security software and
services to enterprises and governments based in Canada.
BOYD GAMING: Fails to Prevent Data Breach, Tiedke Alleges
---------------------------------------------------------
PATRICIA TIEDTKE, individually and on behalf of all others
similarly situated, Plaintiff v. BOYD GAMING CORPORATION,
Defendant, Case No. 2:25-cv-01837 (D. Nev., Sept. 29, 2025) arising
out of the recent data security incident and data breach that was
perpetrated against the Defendant that involved Plaintiff's and the
proposed Class Members personally identifying information.
According to the complaint, on September 6, 2025, the Defendant
experienced a data breach that resulted in an unauthorized
disclosure, exfiltration, and theft of highly personal information
in the possession and custody and/or control of Defendant (the
"Data Breach"). The Plaintiff and proposed Class Members'
information impacted includes their personally identifying
information.
Given the Defendant's failure in protecting Plaintiff's and Class
Members PII, it is likely that Defendant's cybersecurity program as
a whole is severely inadequate in comparison to the measures it is
legally obligated to provide to individuals for whom it collects
PII, thus leaving them exposed to the Data Breach that indeed came
into fruition.
The Defendant's failure in even the most basic requirements of
cybersecurity, it is likely that Defendant's cybersecurity program
as a whole is severely inadequate in comparison to the measures it
is legally obligated to provide to individuals for whom it collects
PII, thus leaving them exposed to the Data Breach that indeed came
into fruition, says the suit.
Boyd Gaming Corp. is a casino entertainment company. The Company
owns and operates hotels, casino, and gaming properties. [BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
3100 W. Charleston Boulevard, Suite 208
Las Vegas, NV 89102
Telephone: (725) 235-9750
Email: nring@stranchlaw.com
- and -
Grayson Wells, Esq.
John C. Roberts, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Email: gwells@stranchlaw.com
jroberts@stranchlaw.com
BOYKIN FARMS: Court Decertifies Lopez Collective Action
-------------------------------------------------------
In the class action lawsuit captioned as CRISTOBAL LOPEZ LOPEZ and
GILBERTO FLORES LOZANO, on behalf ) of themselves and all other
similarly situated persons, v. BOYKIN FARMS, INC., RHODES FARMING,
LLC, WILLIE C. BOYKIN, III, MATTHEW Z. RHODES, TONY D. LEE, d/b/a
LEE AND SONS FARMS, CAMERON LEE, d/b/a LEE AND SONS FARMS, and
CLINT LEE, d/b/a LEE AND SONS FARMS, Case No. 5:22-cv-00491-BO-RN
(E.D.N.C.), the Hon. Judge Boyle entered an order granting the
motion for summary judgment and decertifies collective action by
the Boykin and Rhodes defendants.
The Defendants Boykin Farms, Inc., Rhodes Farming, LLC, Willie C.
Boykin, III, and Matthew Z. Rhodes are entitled to judgment in
their favor as to all of plaintiffs' claims at the entry of final
judgment in this matter. As to these defendants only, the FLSA
collective action is decertified, and the claims of the opt-in
plaintiffs are dismissed without prejudice.
In sum, there is no genuine issue of material fact as to whether
Boykin/Rhodes and Lee and Sons were joint employers and as to
whether Boykin/Rhodes is responsible for any contract, wage, or
meal plan violations for the named plaintiffs. As Boykin/Rhodes has
established that summary judgment in its favor is appropriate as to
the two named plaintiffs, decertification of the collection action
as to Boykin/Rhodes only is appropriate.
The Plaintiffs allege that they and others were employed by
defendants through the United States Citizenship and Immigration
Services' H-2A Temporary Agricultural Workers system.
In their complaint, the plaintiffs allege that none of the
defendants properly reimbursed their H-2A workers for travel
expenses, which resulted in payment of less than minimum wage, and
further that the defendants failed to pay an adequate piece rate,
for time travelling between fields, and that defendants required
illegal kickbacks for meal charges, all of which resulted in
payment of less than minimum wage. As the Boykin/Rhodes defendants
argue, the complaint assumes that all of the defendants were the
employers of all of the plaintiffs and the putative similarly
situated workers.
Boykin is a family-owned agricultural business, specializing in the
cultivation and distribution of a variety of crops.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KDnext at no extra
charge.[CC]
BUCKLEY CABLE: Filing for Class Cert Bid Amended to Feb. 27, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as SAMUEL DUGGAN, on behalf
of himself and all persons similarly situated, and ERIC LANEY, on
behalf of himself and all persons similarly situated, v. BUCKLEY
CABLE CONSTRUCTION CO., Case No. 2:24-cv-04188-MKC (E.D. Pa.), the
Hon. Judge Mary Kay Costello entered an amended scheduling order:
1. In the event all parties agree and so inform the Court, the
Court will refer this case to a magistrate judge for a
settlement conference.
2. Motions regarding class certification, if any, shall be filed
by Feb. 27, 2026. Responses shall be filed no later than March
20, 2026. The Court will hold a hearing to address the motion
on April 9, 2026, at 10:00 a.m. in Courtroom 6A, United States
District Court, 601 Market Street, Philadelphia, PA 19106.
3. The parties shall complete all discovery by April 20, 2026.
4. The parties shall complete fact discovery by Feb. 9, 2026.
5. The Plaintiffs shall serve expert reports, if any, on or
before Feb. 23, 2026.
6. The Defendant shall serve expert reports, if any, on or before
March 23, 2026.
7. Responsive or supplemental expert reports, if any, must be
served on or before April 9, 2026.
8. A party intending to offer lay witness opinion testimony must
disclose the name of any witness who will offer such an
opinion and a summary of each such opinion at the same time
the expert reports are exchanged.
Buckley is a telecommunication company that offers aerial
construction and general maintenance services.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3EPaS9 at no extra
charge.[CC]
CAMPER'S INN: Fails to Secure Personal Info, Marshall Suit Says
---------------------------------------------------------------
WESTLEY MARSHALL, individually and on behalf of all others
similarly situated v. CAMPER'S INN, INC., Case No.
5:25-cv-00288-TKW-MJF (N.D. Fla., Oct. 7, 2025) is a class action
lawsuit on behalf of all persons who entrusted Defendant with
sensitive Personally Identifiable Information and that was
impacted in a cyber incident (the Data Breach).
The Plaintiff's claims arise from the Defendant's failure to
properly secure and safeguard Private Information that was
entrusted to it, and its accompanying responsibility to store and
transfer that information.
Accordingly, the Defendant learned that Private Information
contained in its network was accessed by the unauthorized
third-party. The information exfiltrated from Defendant's network
included the sensitive Private Information of Plaintiff and Class
Members.
The Defendant has yet to formally notify impacted individuals. The
Defendant failed to take precautions designed to keep individuals'
Private Information secure. The Defendant owed Plaintiff and Class
Members a duty to take all reasonable and necessary measures to
keep the Private Information collected safe and secure from
unauthorized access. The Defendant solicited, collected, used, and
derived a benefit from the Private Information, yet breached its
duty by failing to implement or maintain adequate security
practices, asserts the suit.
The sensitive nature of the data exposed through the Data Breach
signifies that Plaintiff and Class Members have suffered
irreparable harm. The Plaintiff and Class Members have lost the
ability to control their private information and are subject to an
increased risk of identity theft. The Defendant, despite having the
financial wherewithal and personnel necessary to prevent the Data
Breach, nevertheless failed to use reasonable security procedures
and practice appropriate to the nature of the sensitive,
unencrypted information it maintained for Plaintiff and Class
Members, causing the exposure of Plaintiff's and Class Members'
Private Information. As a result of the Defendant's inadequate
digital security and notice process, the Plaintiff's and Class
Members' Private Information was exposed to criminals, the suit
says.
The Plaintiff brings this action on behalf of all persons whose
Private Information was compromised as a result of the Defendant's
failure to adequately protect the Private Information of Plaintiff
and Class Members.
The Defendant sells camper units across the country and is based in
Panama City Beach, Florida. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 W Las Olas Blvd, Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
CAULER CONTAINERS: Fails to Pay Proper Wages, O'Donnell Says
------------------------------------------------------------
JENNI O'DONNELL, individually and on behalf of all others similarly
situated, Plaintiff v. CAULER CONTAINERS, INC., Defendant, Case No.
5:25-cv-05558 (E.D. Pa., Sept. 26, 2025) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff O'Donnell was employed by the Defendant as a driver and
loader.
Cauler Containers, Inc. is a full-service solid waste company
providing waste collection, recycling, and disposal services to
commercial, industrial, and residential customers throughout
Pennsylvania. [BN]
The Plaintiff is represented by:
Timothy J. Peter, Esq.
FARUQI & FARUQI, LLP
1617 John F Kennedy Blvd #1550
Philadelphia, PA 19103
Telephone: (215) 277-5770
Facsimile: (215) 277-5771
Email: tpeter@faruqilaw.com
- and -
Innessa M. Huot, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
Email: ihuot@faruqilaw.com
- and -
Clif Alexander, Esq.
Austin Anderson, Esq.
Carter T. Hastings, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd, Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
carter@a2xlaw.com
CCI FINANCIAL: Obritz Files Personal Injury Suit in D. Utah
-----------------------------------------------------------
A class action lawsuit has been filed against CCI Financial Inc.
The case is captioned as Michele Obritz, individually and on behalf
of all others similarly situated v. CCI Financial Inc., doing
business as CheckCityCashing.com, Case No. 2:25-cv-00813-TC (D.
Utah, September 16, 2025).
The case is brought against the Defendant over personal injury
claims.
The suit is assigned to Judge Tena Campbell.
CCI Financial Inc. is the operator of a financial group providing
wealth management services with headquarters in Provo, Utah.[BN]
The Plaintiff is represented by:
Jared D. Scott, Esq.
ANDERSON & KARRENBERG
50 W Broadway Ste 600
Salt Lake City, UT 84101
Telephone: (801) 534-1700
Facsimile: (801) 364-7697
E-mail: jscott@aklawfirm.com
CELIGO INC: Faces Hecht Class Suit Over Data Broker Software
------------------------------------------------------------
BENJAMIN HECHT, individually and on behalf of all others similarly
situated v. CELIGO, INC., a California corporation; and DOES 1
through 25, inclusive, Case No. 3:25-cv-08533 (N.D. Cal., Oct. 6,
2025) alleges that Celigo uses data broker software on its website
-- https://www.celigo.com/core-values/ -- to secretly collect data
about Plaintiff and other Website visitor's computer, location, and
browsing habits.
According to the complaint, the data broker software then compiles
this data and correlates that data with extensive external records
it already has about most Californians in order to learn the
identity of the Website user. The Defendant's installation and use
of data broker software without obtaining consent is a violation of
the California Trap and Trace Law. Tthe Defendant systematically
violated these expectations through its unauthorized surveillance
activities, the suit says.
The Defendant is a California corporation that owns, operates,
and/or controls the Website.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: rtauler@taulersmith.com
eshapiro@taulersmith.com
CEPTON INC: Faces Kabula Suit Over Securities Market Value Drop
---------------------------------------------------------------
LISA KABULA, individually and on behalf of all others similarly
situated v. CEPTON, INC., JUN PEI, DONG CHANG, and MITCHELL
HOURTIENNE, Case No. 3:25-cv-08571 (N.D. Cal., Oct. 7, 2025) is a
federal securities class action on behalf of a class consisting of
Plaintiff and all persons and entities other than Defendants that
purchased or sold shares Cepton common stock between July 29, 2024
and January 6, 2025, both dates inclusive, seeking to recover
damages caused by Defendants’ violations of the federal
securities laws and to pursue remedies under the Securities
Exchange Act of 1934.
Prior to the Company's merger with Koito Manufacturing Co., Ltd.,
Cepton was an electronics company focused on the deployment of high
performance, mass-market light detection and ranging ("lidar")
technologies to deliver safety and autonomy across the Automotive
and Smart Infrastructure markets.
The Company offered near-range lidars, long-range lidars and
ultra-long-range lidars, automotive software and smart lidar
systems that include its perception software.
As of July 2023, Koito, a Japanese manufacturer of automotive
lighting equipment, had invested $200 million in Cepton in exchange
for common and preferred stock amounting to 30.1% of Cepton's
voting power on an as-converted basis and held two out of seven
seats on the Company's Board of Directors.
In October 2023, Koito requested that the Board form a special
committee to negotiate a potential transaction with Koito. In
December 2023, Koito announced a bid to acquire Cepton for $3.17
per share in cash in a going private transaction. In July 2024,
Cepton announced that it had accepted Koito's bid to acquire all of
the Company's outstanding capital stock not owned by Koito for
$3.17 per share in an all-cash transaction.
According to Cepton, the Koito Acquisition would purportedly
"complement Koito's existing sensor technology roadmap, while
providing Cepton with the financial stability and scalability that
are crucial to the commercialization of its lidar technology."
The Koito Acquisition closed on January 7, 2025, at which point all
outstanding Cepton shareholders received $3.17 per share of Cepton
common stock in cash. In a press release issued that same day,
Cepton stated that the Merger "marks a strategic milestone in the
industrialization of Cepton's cutting-edge lidar technology,
combining the strengths of both companies to reshape future
mobility" and "supported by Koito's world-renowned automotive
expertise, Cepton will continue to commercialize its lidar
solutions with a strong focus on quality, reliability and
sustainability."
Throughout the Class Period, the Defendants made materially false
and misleading statements regarding the Company's business,
operations, and compliance policies. Specifically, Defendants made
false and/or misleading statements and/or failed to disclose that
Cepton had received a credible third-party bid valuing Cepton at
more than double the Koito Acquisition, says the suit.
Investors began to learn the truth four months after the Merger
closed when, in May 2025, former Cepton shareholders filed two
verified class action complaints in the Court of Chancery for the
State of Delaware against, among others, Cepton and certain of the
Company's executive officers, in connection with the Koito
Acquisition. Then, in September 2025, a redacted version of an
amended consolidated class action complaint filed in the Delaware
Action became publicly available.
The Amended Complaint alleges that Cepton’s Board agreed to the
Koito Acquisition "at a price that was so unreasonable as to shock
the conscience, and then pitched the grossly unfair deal to
stockholders with a Proxy that concealed critical facts." Moreover,
the Amended Complaint alleges that "the Proxy failed to disclose
Cepton's receipt of -- and the Board's utter failure to explore --
a credible third-party bid valuing Cepton at more than double" the
Koito Acquisition.
The Amended Complaint further alleges that Cepton's Chief Executive
Officer Defendant Jun Pei was subject to conflicts in his
negotiations with Koito and encouraged the Board to recommend
accepting the Koito Acquisition so as to protect his own personal
economic interests at the expense of Cepton's stockholders.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.
CEPTON, INC. operates as an electronics company. The Company
provides lidar-based technology solutions for automotive, cities,
spaces, and industrial applications to enable privacy-sensitive
crowd analytics, social distancing, safety, and security services.
Cepton serves customers worldwide.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
CHARRO CONCRETE: Suarez Seeks Unpaid Wages, OT Under FLSA, NYLL
---------------------------------------------------------------
JADIRA SUAREZ v. CHARRO CONCRETE LLC and GERARDO RODRIGUEZ,
individual, Case No. 1:25-cv-08208 (S.D.N.Y., Oct. 3, 2025) is
class action brought by the Plaintiff on behalf of herself and
other similarly situated employees of the Defendants seeking to
recover unpaid minimum wage and overtime wage compensation pursuant
to the Fair Labor Standards Act, the New York Labor Law, and the
Wage Theft Prevention Act.
The Plaintiff was employed primarily as a construction laborer; she
was required to carry heavy rebar, lumber, and other dangerous
construction materials without proper safety equipment, training,
or supervision, in direct violation of OSHA regulations 29 CFR
1926.20(b)(1) regarding safety programs, 29 CFR 1926.21(b)(2)
regarding safety training, and 29 CFR 1926.250(a) regarding safe
materials handling practices, creating an imminent danger to life
and limb, creating an immediate and substantial risk to her health
and safety.
Accordingly, the Defendants were required, under relevant New York
State law, to pay and compensate the Plaintiff at a minimum rate of
$15.00 per hour (the minimum wage); however, the Plaintiff was
willfully and knowingly compensated at only $13 per hour for six
months of her employment, despite the Defendants' clear awareness
of the legal minimum wage requirements, constituting a willful
violation under NYLL section 198(1-a) and entitling Plaintiff to
liquidated damage, says the suit,
The Defendants owned and operated CHARRO CONCRETE LLC, which is a
corporate entity principally engaged in Middletown, New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
www.StillmanLegalPC.com
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
E-mail: lina@stillmanlegalpc.com
CHILDREN'S CENTER: Faces Mims Suit Over Unprotected Personal Info
-----------------------------------------------------------------
MELISSA MIMS, individually and on behalf of all others similarly
situated, Plaintiff v. THE CHILDREN'S CENTER OF HAMDEN, INC.,
Defendant, Case No. _________ (Conn. Super., New Haven Cty.,
September 24, 2025) is a class action arising out of the December
2024 data security incident and breach that was perpetrated against
Defendant by INC Ransom, which exploited known vulnerabilities in
Defendant's computer network system to access, encrypt, and steal
the personally identifiable information and protected health
information of Defendant's current and former patients and
employees, including Plaintiff.
On August 28, 2025, the Defendant informed the Office of the Maine
Attorney General that 5,213 individuals were impacted by the Data
Breach, including 3 Maine residents2 and 9 residents of
Massachusetts. The data breach resulted from Defendant's failure to
fix vulnerabilities in its network system to protect individuals'
private information with which they were entrusted for treatment
and required to maintain by statute, regulation, and common law,
says the suit.
The Plaintiff's and Class Members' identities are now at risk
because of Defendant's negligent conduct since the Private
Information that Defendant collected and maintained is now in the
hands of data thieves, INC Ransom.
Accordingly, the Plaintiff sues Defendant seeking redress for its
unlawful conduct, and asserting claims for: (i) negligence, (ii)
breach of implied contract and (iii) unjust enrichment.
The Children's Center of Hamden is a psychiatric residential
treatment facility for people under 12 with serious mental health
need. TCCOH operates as a nonprofit behavioral health
organization.[BN]
The Plaintiff is represented by:
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: ofaircloth@sirillp.com
- and -
Michael J. Reilly, Esq.
CICCHIELLO & CICCHIELLO, LLP
364 Franklin Avenue
Hartford, CT 06114
Telephone: (860) 296-3457
Facsimile: (860) 296-3457
E-mail: mreilly@cicchielloesq.com
- and -
Benjamin J. Eisner, Esq.
EKSM, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: beisner@eksm.com
COCA-COLA BOTTLING: Williams Suit Seeks Unpaid OT Pay Under FLSA
----------------------------------------------------------------
GERMAN WILLIAMS, JEAN DAMY, AND TYSHAWN SWEET for and on behalf of
themselves and other persons similarly situated v. COCA-COLA
BOTTLING COMPANY UNITED, INC., Case No. 1:25-cv-05664-SCJ (N.D.
Ga., Oct. 3, 2025) seeks to recover from the Defendant unpaid
overtime compensation, liquidated damages, attorney's fees and
costs pursuant to Section 6(b) of the Fair Labor Standards Act of
1938.
The Plaintiffs are all employed by Defendant, who was the FLSA
employer of Plaintiffs for the relevant period of time. The
Plaintiffs served in the capacity of a merchandisers for Defendant.
The Plaintiffs were not paid the full amount of overtime required
by the FLSA, asserts the suit.
Accordingly, the Defendant failed to pay overtime and failed to pay
employees full compensation for all hours worked. The collective
action claims are for overtime compensation, liquidated damages,
interest, and attorneys' fees and costs.
The Defendant is a private Coca-Cola bottling company headquartered
in Birmingham, Alabama. Coca-Cola United is the second-largest
privately held Coca-Cola bottler in the United States and in which
the Coca-Cola Company does not own an interest.[BN]
The Plaintiffs are represented by:
Douglas R. Kertscher, Esq.
Julie H. Burke, Esq.
HKW LAW
3625 Cumberland Blvd., SE, Ste. 1050
Atlanta, GA 30339-6406
Telephone: (770) 953-0995
E-mail: drk@hkw-law.com
jb@hkw-law.com
- and -
Jennifer Ivey Range, Esq.
BROOKS LAW PARTNERS, LLC
Peachtree Corners, GA 30092
Telephone: (678) 813-2202 Office
E-mail: jir@brookslawpartners.com
COMMVAULT SYSTEMS: Faces Heiting Suit Over Data Broker Software
---------------------------------------------------------------
JANE HEITING, individually and on behalf of all others similarly
situated v. COMMVAULT SYSTEMS, INC., a Delaware corporation; and
DOES 1 through 25, inclusive, Case No. 2:25-cv-09526 (C.D. Cal.,
Oct. 6, 2025), alleges that Commvault uses data broker software on
its website --https://www.commvault.com/ -- to secretly collect
data about Plaintff and other Website visitor's computer, location,
and browsing habits.
The data broker software then compiles this data and correlates
that data with extensive external records it already has about most
Californians in order to learn the identity of the Website user.
The Defendant's installation and use of data broker software
without obtaining consent is a violation of the California Trap and
Trace Law. The Defendant systematically violated these expectations
through its unauthorized surveillance activities, asserts the
suit.
The Defendant is a California corporation that owns, operates,
and/or controls the Website.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: rtauler@taulersmith.com
eshapiro@taulersmith.com
COSTA DEL MAR: Class Cert Oral Argument in Reed Set for Oct. 22
---------------------------------------------------------------
In the class action lawsuit captioned as Reed, IV, v. Costa Del
Mar, Inc., Case No. 6:19-cv-01751 (M.D. Fla., Filed April 3, 2019),
the Hon. Judge Roy B. Dalton, Jr., entered an order granting
Request for Oral Argument re Motion to Certify Class.
Oral argument is set for Wednesday, Oct. 22, 2025, at 9 a.m.
The parties should place particular emphasis on the choice of law
issue and whether issues of individual class member standing affect
predominance.
The nature of suit states Diversity-Deceptive Trade Practices.
Costa Del Mar offers polarized sunglasses.[CC]
CREDIT SUISSE: Core Capital Seeks to Certify Rule 23 Class Action
-----------------------------------------------------------------
In the class action lawsuit captioned as Core Capital Partners,
Ltd. v. Credit Suisse Group AG et al, (RE CREDIT SUISSE SECURITIES
FRAUD CLASS ACTIONS), Case No. 1:23-cv-09287-CM (S.D.N.Y.), the
Plaintiff will move the Court, on a date and a time designated by
the Court, for an Order:
(1) certifying a class action pursuant to Federal Rules of Civil
Procedure ("Rule") 23(a) and 23(b)(3) and certifying the
Class defined in the accompanying Memorandum of Law;
(2) appointing Lead Plaintiff as Class Representative pursuant to
Rules 23(a) and 23(b)(3); and
(3) appointing Pomerantz LLP as Class Counsel and Bronstein,
Gewirtz & Grossman, LLC as additional counsel pursuant to
Rule 23(g).
Credit was a global investment bank and financial services firm.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MbXEOX at no extra
charge.[CC]
The Plaintiff is represented by:
Brian Calandra, Esq.
Jeremy A. Lieberman, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: bcalandra@pomlaw.com
jalieberman@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ
& GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
E-mail: peretz@bgandg.com
DANIEL BEERS: Glasgow Seeks Leave to File Corrected Reply Brief
---------------------------------------------------------------
In the class action lawsuit captioned as ROCHELLE GLASGOW, et al.,
v. DANIEL J. BEERS, et al., Case No. 5:21-cv-02001-DAR (N.D. Ohio),
the Plaintiffs ask the Court to enter an order granting them leave
to file a corrected omnibus reply memorandum of law in support of
the motion for class certification.
A copy of the Plaintiffs' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bewhuF at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael I. Fistel, Jr., Esq.
William W. Stone, Esq.
Oliver S. Tum Suden, Esq.
JOHNSON FISTEL, PLLP
40 Powder Springs Street
Marietta, GA 30064
Telephone: (470) 632-6000
Facsimile: (770) 200-3101
E-mail: MichaelF@johnsonfistel.com
WilliamS@johnsonfistel.com
OliverT@johnsonfistel.com
- and -
George W. Cochran, Esq.
LAW OFFICE OF GEORGE W. COCHRAN
1981 Crossfield Circle
Kent, OH 44240
Telephone: (330) 607-2187
Facsimile: (330) 230-6136
E-mail: lawchrist@gmail.com
The Defendants are represented by:
Douglas D. Behrens, Esq.
SAVNET INTERNATIONAL, LLC
3867 Medina Road, Suite 264
Akron, OH 44333
DAVA MARKETING: Cook Seeks Conditional Class Cert of Action
-----------------------------------------------------------
In the class action lawsuit captioned as AUSTIN COOK, HARRISON
FOLLETT, CHARLIE ALLEN, SOPHIE SANDERS, THOMAS BARTELL, JUSTIN
ROBERTS, CARSON MCMASTER, ALONSO BARRANTES, BRADY PERKINS, JEREMY
THOMPSON, PAIGE LUDDEN, KEATON HALES, TROOPER JOHNSON, RYAN
GRIMMIUS, AIDAN WALSH, and RYAN HADLEY, individually and on behalf
of persons similarly situated, v. DAVA MARKETING, LLC, A Utah
Limited Liability Company and DOES 1-10, Case No.
2:23-cv-00632-DBB-DBP (D. Utah), the Plaintiffs ask the Court to
enter an order:
-- conditionally certifying a collective action,
-- approving the proposed notice plan, and
-- directing production of the collective list.
Under the motion for Conditional Collective Certification,
Plaintiffs assert the Claims for Relief I and II of the First
Amended Complaint pursuant to FLSA, on behalf of themselves and the
following Collective:
"All current and former employees who were paid by DAVA to
sell, design and edit videos and manage online and social
media content for DAVA Marketing LLC in the United States
during the applicable limitations period (the "FLSA
Collective" or "employees")."
The Plaintiff further requests that the Court enter an order
providing the following relief:
1. Directing DAVA to provide Plaintiffs within seven days of the
entry of the Court's order a list, in electronic, delimited,
and importable format, of each Collective member's: (1) name,
(2) last known mailing address, (3) last known telephone
number(s), (4) last known personal email address, (5) dates
and location of employment, (6) date of birth, and (7) Social
Security number (last four digits only).
2. Approving the form and content of the Plaintiffs' proposed
notice, reminder notice, and consent form;
3. Authorizing the Plaintiffs to send the proposed judicial
notice to all Collective Members via U.S. Mail, email, and
text message, as well as via website, and to send a reminder
notice 45 days before the expiration of the opt-in period; and
4. Providing Collective Members 90 days from the time notice is
initially sent out to opt-in and join the lawsuit.
DAVA is a video editing, design, and content management company,
A copy of the Plaintiffs' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=LjGm0m at no extra
charge.[CC]
The Plaintiffs are represented by:
Randall K. Edwards, Esq.
70 North Main Street, Suite 105
Bountiful, UT 84010
Telephone: (801) 328-0300
Facsimile: (801) 328-4822
The Defendants are represented by:
Rod Andreason, Esq.
Christopher M Sanderson, Esq.
KIRTON McCONKIE
50 E S Temple #400
Salt Lake City, UT 84111
DAVID SALINAS: Bid to Extend Class Cert Deadline Nixed
------------------------------------------------------
In the class action lawsuit captioned as Taft, et al., v. David
Salinas, et al., Case No. 3:22-cv-00697 (S.D. Cal., Filed May 16,
2022), the Hon. Judge Robert S. Huie entered an order granting in
part and denying in part the motion for extension of time.
The Court denies without prejudice the parties' Motion to Extend
the deadline for filing a Motion for Class Certification.
The suit alleges violation of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.[CC]
DISNEY WORLDWIDE: Faces Suit Over Data Privacy Violations
---------------------------------------------------------
A.L., minor, by and through guardian Jessica Savich, individually
and on behalf of all others similarly situated, Plaintiff v. DISNEY
WORLDWIDE SERVICES, INC.; DISNEY ENTERTAINMENT OPERATIONS, LLC; and
THE WALT DISNEY COMPANY, Defendants, Case No. 4:25-cv-08183 (N.D.
Cal., Sept. 25, 2025) alleges violation of the Children's Online
Privacy Protection Act.
The Plaintiff allege in the complaint that the Defendants are
engaged in intrusive and unlawful business practices by enabling
the collection of personal information from millions of children
under the age of 13 in the United States, without first notifying
parents or obtaining verifiable parental consent.
Disney Worldwide Services, Inc. provides electrical and electronic
repair services. The Company offers its services exclusively to
Disney operations worldwide.
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Alexis M. Wood, Esq.
Kas L. Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92108
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
Email: Ron@consumersadvocates.com
Alexis@consumersadvocates.com
Kas@consumersadvocates.com
- and -
William Darryl Harris, II, Esq.
Ryan Wagenleitner, Esq.
HARRIS LEGAL ADVISORS LLC
3136 Kingsdale Center, Suite 246
Columbus, OH 43221
Telephone: (614) 504-3350
Facsimile: (614) 340-1940
Email: will@harrislegaladvisors.com
ryan@harrislegaladvisors.com
DRINK RECESS: Website Inaccessible to Blind Users, Young Says
-------------------------------------------------------------
LESHAWN YOUNG, on behalf of herself and all other persons similarly
situated, Plaintiff v. DRINK RECESS INC., Defendant, Case No.
1:25-cv-07920 (S.D.N.Y., September 24, 2025) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://takearecess.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
September 17, 2025, in an attempt to purchase a Recess Black Cherry
Mood Drink from Defendant and to view the information on the
Website, the Plaintiff encountered multiple access barriers that
denied her a shopping experience similar to that of a sighted
person and full and equal access to the goods and services offered
to the public and made available to the public.
The Plaintiff was unable to locate pricing and was not able to add
the item to the cart due to broken links, pictures without
alternate attributes and other barriers on Defendant's website.
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.
Drink Recess Inc. operates the website that offers a variety of
beverages.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
EPISCOPAL CHURCH: Fails to Pay Proper Wages, Admiral Alleges
------------------------------------------------------------
ERNEEST RASHEEN ADMIRAL, individually and on behalf of all others
similarly situated, Plaintiff v. THE EPISCOPAL CHURCH OF SAINT MARK
THE EVANGELIST, INC. D/B/A SAINT MARK'S EPISCOPAL SCHOOL; DR. JAMES
SPENCER TAINTER; MAGDA LIPSCOMB; HELLEN MARTINEZ; CARLOS NOVOA;
RIGHT2PROTECT LLC; and MIGUEL D. PUYUDA, Defendants, Case No.
0:25-cv-61957-AOV (S.D. Fla., Sept. 30, 2025) alleges Defendants'
violation of the Fair Labor Standards Act by failing to pay proper
wages to Plaintiff and similarly situated employees.
Plaintiff Admiral was employed by the Defendants as a security
officer.
The Episcopal Church of Saint Mark the Evangelist, Inc. d/b/a Saint
Mark's Episcopal School is a non-profit corporation operating a
private school and church in Florida. [BN]
The Plaintiff is represented pro se.
ESSENTIA HEALTH: Kraft Suit Seeks to Certify Class
--------------------------------------------------
In the class action lawsuit captioned as JESSICA KRAFT,
INDIVIDUALLY AND AS PARENT OF MINORS L.K., S.K., and O.K.; SHELLI
SCHNEIDER, INDIVIDUALLY AND AS PARENT OF MINORS A.S. and W.S.; ANNE
BAILEY, AS PARENT OF MINOR D.B.; AMY LAVELLE, AS PARENT OF MINORS
Em.L. and El.L.; ELIZABETH BEATON, INDIVIDUALLY AND AS PARENT OF
MINOR M.B.; AMANDA AND TYRELL FAUSKE, INDIVIDUALLY AND AS PARENTS
OF MINORS C.R.F. and C.J.F.; JENNIFER REIN, INDIVIDUALLY; and
JESSICA BERG, AS PARENT OF MINORS A.B. and S.B., individually and
on behalf of all others similarly situated, v. ESSENTIA HEALTH,
INNOVIS HEALTH, LLC d/b/a ESSENTIA HEALTH, Case No.
3:20-cv-00121-PDW-ARS (D.N.D.), the Plaintiffs ask the Court to
enter an order certifying a class action under Federal Rule of
Civil Procedure 23(a) and (b)(3).
The Plaintiffs request that the Court certify Counts II (Implied
Warranty), III (North Dakota and Minnesota Consumer Protection
Laws), IV (Unjust Enrichment), and V (Negligence).
The Plaintiffs further request that the Court certify the following
Class:
"All persons and health plans that paid, in whole or in
part, for Affected Medications that were administered at
Essentia Health or by Innovis Health, and all persons who
were administered the Affected Medications at Essentia
Health or by Innovis Health."
Or, in the alternative, the Plaintiffs request that the Court
certify the following Subclasses:
(i) "All persons and health plans that paid, in whole or in
part, for Affected Medications that were administered at
Essentia Health or by Innovis Health in North Dakota, and
all persons who were administered the Affected Medications
at Essentia Health or by Innovis Health in North Dakota."
(ii) "All persons and health plans that paid, in whole or in
part, for Affected Medications that were administered at
Essentia Health or by Innovis Health in Minnesota, and all
persons who were administered the Affected Medications at
Essentia Health or by Innovis Health in Minnesota."
The Plaintiffs further request that the Court appoint them as class
representatives, appoint undersigned counsel as class counsel under
Rule 23(g)(1), and grant such other and further relief as it deems
appropriate.
Essentia is an integrated health system serving patients in
Minnesota, North Dakota, and Wisconsin.
A copy of the Plaintiffs' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5MMtGj at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael von Klemperer, Esq.
Ashali P. Chimata, Esq.
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLC
1763 Columbia Rd. NW, Suite 100
Washington, DC 20009
Telephone: (202) 921-0002
Facsimile: (312) 264-0100
E-mail: mike@feganscott.com
ashali@feganscott.com
beth@feganscott.com
- and -
Scott A. Haider, Esq.
J. Barton Goplerud, Esq.
Brian Marty, Esq.
SCHNEIDER LAW FIRM
815 3rd Ave. S.
Fargo, ND 58103
Telephone: (701) 235-4481
E-mail: scott@schneiderlawfirm.com
goplerud@sagwlaw.com
marty@saglaw.com
FARMER BROS: Fails to Prevent Data Breach, Stanford Says
--------------------------------------------------------
KARL STANFORD, individually and on behalf of all others similarly
situated, Plaintiff v. FARMER BROS. CO., Defendant, Case No.
4:25-cv-01063-O (N.D. Tex., Sept. 29, 2025) is a class action
lawsuit on behalf of all persons who entrusted Defendant with
sensitive Personally Identifiable Information and Protected Health
Information (collectively, "Private Information) and that was
impacted in a cyber incident (the "Data Breach" or the "Breach").
According to the Plaintiff in the complaint, the Defendant owed
Plaintiff and Class Members a duty to take all reasonable and
necessary measures to keep the Private Information collected safe
and secure from unauthorized access. Defendant solicited,
collected, used, and derived a benefit from the Private
Information, yet breached its duty by failing to implement or
maintain adequate security practices.
The Defendant, despite having the financial wherewithal and
personnel necessary to prevent the Data Breach, nevertheless failed
to use reasonable security procedures and practice appropriate to
the nature of the sensitive, unencrypted information it maintained
for Plaintiff and Class Members, causing the exposure of
Plaintiff's and Class Members' Private Information.
As a result of the Defendant's inadequate digital security and
notice process, Plaintiff's and Class Members' Private Information
was exposed to criminals. The Plaintiff and the Class Members have
suffered and will continue to suffer injuries including: financial
losses caused by misuse of their Private Information; the loss or
diminished value of their Private Information as a result of the
Data Breach; lost time associated with detecting and preventing
identity theft; and theft of personal and financial information,
alleges the suit.
Farmer Bros. Co. operates as a coffee foodservice company. The
Company roasts, packages, and distributes coffee and allied
products to restaurants, hotels, hospitals, convenience stores, and
fast food outlets. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
FARMERS INSURANCE: Garcia Files Tort Suit in C.D. Calif.
--------------------------------------------------------
A class action lawsuit has been filed against Farmers Insurance
Exchange, et al. The case is captioned Mia Garcia, et al.,
individually and on behalf of those similarly situated v. Farmers
Insurance Exchange, et al., Case No. 2:25-cv-08774-SRM-PVC (C.D.
Cal., September 16, 2025).
The case is brought over personal injury caused from
Diversity-Tort/Non-Motor Vehicle.
The suit is assigned to Judge Serena R. Murillo.
Farmers Insurance Exchange provides insurance products and
services.[BN]
The Plaintiffs are represented by:
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
411 South State Street Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
E-mail: elechtzin@edelson-law.com
The Defendants are represented by:
Isabelle Louise Ord, Esq.
Andrew B. Serwin, Esq.
Matthew Danaher, Esq.
DLA PIPER LLP
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Telephone: (415) 836-2500
Facsimile: (415) 836-2501
E-mail: isabelle.ord@dlapiper.com
andrew.serwin@dlapiper.com
matt.danaher@us.dlapiper.com
FFF+US INC: Suit Seeks Equal Website Access for the Blind
---------------------------------------------------------
DENISE CRUMWELL, individually and on behalf of all others similarly
situated, Plaintiff v. FFF+US, INC., Defendant, Case No.
1:25-cv-07986 (S.D.N.Y., Sept. 26, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.meandem.com/us, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
FFF+US, Inc. manufactures girl's clothing. The Company markets its
products through retail shops throughout the United States. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
FRANCA SERVICE: Fails to Pay Proper Wages, Costa Suit Alleges
-------------------------------------------------------------
RAFAEL GONCALVES COSTA, individually and on behalf of all others
similarly situated, Plaintiff v. FRANCA SERVICE INC.; FRANCA
ENTERPRISE SERVICE, INC.; and DAVID FRANCA, Defendants, Case No.
4:25-cv-40150 (D. Mass., Sept. 29, 2025) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Costa was employed by the Defendants as a laborer.
Franca Service Inc. operate a construction company located in
Massachusetts. [BN]
The Plaintiff is represented by:
Olayiwola O. Oduyingbo, Esq.
Ana Barros, Esq.
ODU LAW FIRM, LLC
888 Reservoir Avenue, Floor 2
Cranston, RI 02910
Telephone: (401) 209-2029
Facsimile: (401) 217-2299
Email: Odu@odulawfirm.com
abarros@odulawfirm.com
FREEPORT-MCMORAN INC: Rosen Law Probes Potential Securities Claims
------------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Freeport-McMoRan Inc. (NYSE: FCX) resulting from
allegations that Freeport may have issued materially misleading
business information to the investing public.
So What: If you purchased Freeport securities you may be entitled
to compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=45553 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On September 24, 2025, Freeport issued a press
release entitled "Freeport Provides Update on PT Freeport Indonesia
Operations." It stated that Freeport "announced an update on the
status of the previously reported mud rush incident at the Grasberg
Block Cave mine (GBC) in Indonesia. On September 20, 2025, PT
Freeport Indonesia (PTFI) located two team members who were
regrettably fatally injured in the September 8th incident."
On this news, Freeport stock fell by 16.95% on September 24, 2025.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by Law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
[GN]
FUNDAMENTAL ADMINISTRATIVE: Thompson Sues Over Unprotected Info
---------------------------------------------------------------
BRIAN THOMPSON, individually and on behalf of all others similarly
situated v. FUNDAMENTAL ADMINISTRATIVE SERVICES, LLC and THI OF
NEVADA II AT DESERT LANE, LLC d/b/a HORIZON HEALTH & REHABILITATION
CENTER, Case No. 1:25-cv-03293-SAG (D. Md., Oct. 3, 2025) arises
from the Defendants' failure to properly secure and safeguard
Plaintiff's and Class Members' sensitive personal health
information and personal identifiable information from a
foreseeable, preventable data breach.
Between Oct. 27, 2024, and Jan. 13, 2025, criminal hackers accessed
Fundamental's network systems and stole the stored Plaintiff's and
Class Members' Private Information, including their names, dates of
birth, driver's license or state identification numbers, Social
Security numbers, financial account information, medical treatment
information, health insurance and Medicaid/Medicare information,
and other sensitive data.
Accordingly, as a condition of receiving healthcare, the Plaintiff
and Class Members were required to entrust their sensitive,
non-public Private Information to their providers and, through
those providers, to Fundamental.
Healthcare providers and their business associates that handle
patients' Private Information (like Defendants) owe the individuals
to whom the information relates a duty to adopt reasonable measures
to protect it from disclosure to unauthorized third parties, and to
keep it safe and confidential. This duty arises under contract,
statutory and common law, industry standards, representations made
to Plaintiff and Class Members, and because it is foreseeable that
the exposure of Private Information to unauthorized persons -- and
especially hackers with nefarious intentions -- will harm the
affected individuals, including but not limited to the invasion of
their private health and financial matters.
The Plaintiff and Class Members are current and former patients of
Horizon and other nursing homes and rehabilitation centers that
contracted Fundamental to provide operational and management
services.
Fundamental operates and manages a group of over 60 nursing homes
and rehabilitation centers located throughout the United States,
including Horizon.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
GORILLA SUSHI: Faces Macias Suit for Misappropriation of Tips
-------------------------------------------------------------
AXEL LUNA MACIAS and JUSTIN LEE LLASOS, individually and on behalf
of all others similarly situated, Plaintiffs v. GORILLA SUSHI, LLC,
GORILLA KOREAN GRILL, INC., WOO CHANG CHOI and AMY NAKANISHI,
Defendants, Case No. 2:25-cv-01808 (D. Nev., September 24, 2025)
arises from the Defendants' alleged violations of the Fair Labor
Standards Act and Nevada common law.
According to the complaint, the Defendants have willfully violated
the federal and state laws by keeping tips for the two these
purposes:
-- requiring the Plaintiff and those similarly situated to give
a portion of their tips to other employees who do not regularly and
customarily receive tips from customers; and
-- requiring the Plaintiff and those similarly situated to give
a portion of their tips to managers and supervisors of the
Defendants.
Plaintiff Macias is a current employee of the Defendants while
Plaintiff Llasos is a former employee of the Defendants.
Gorilla Sushi, LLC is a sushi restaurant with principal place of
business in Clark County, Nevada.[BN]
The Plaintiffs are represented by:
Leon Greenberg, Esq.
Ruthann Devereaux-Gonzalez, Esq.
LEON GREENBERG PROFESSIONAL CORPORATION
1811 South Rainbow Blvd., Suite 210
Las Vegas, NV 89146
Telephone: (702) 383-6085
Facsimile: (702) 385-1827
E-mail: leongreenberg@overtimelaw.com
HABITAT FOR EXCELLENCE: Takpiti Seeks to Recover Unpaid Wages
-------------------------------------------------------------
WILFRIED TAKPITI, on behalf of himself and all those similarly
situated, Plaintiff v. HABITAT FOR EXCELLENCE, LLC, NATHANIEL
DOTSE, and MIRIAM ACQUAH DOTSE, Defendants, Case No.
1:25-cv-00703-SJD (S.D. Ohio, September 24, 2025) seeks to recover
Plaintiff's unpaid wages under the Fair Labor Standards Act and the
Ohio Minimum Fair Wage Standards Act stemming from the Defendants'
unlawful labor practices.
Pursuant to Defendants' compensation policies and practices, the
Plaintiff and other similarly situated employees were not
compensated at the statutorily mandated overtime rate of one and
one-half times their regular hourly rate for hours worked in excess
of 40 in a work week. Instead, the Defendants compensated
non-exempt employees at their regular hourly rate for all hours
worked, regardless of the amount of overtime accrued during the
applicable pay period, says the suit.
The Plaintiff was employed by Habitat for Excellence as a Direct
Support Professional from May 1, 2023, until April 18, 2025.
Habitat for Excellence is a For-Profit Limited Liability Company
serving nine Ohio Counties. Habitat for Excellence is a health-care
agency that provides home health, nursing, and supportive services
to individuals with developmental disabilities and mental health
diagnoses.[BN]
The Plaintiff is represented by:
Terence R. Coates, Esq.
Isabel C. DeMarco, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
idemarco@msdlegal.com
- and -
Philip J. Krzeski, Esq.
Elizabeth Orrick, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: pkrzeski@chestnutcambronne.com
eorrick@chestnutcambronne.com
HAG LLC: Seeks Chapter 7 Bankruptcy in Georgia
----------------------------------------------
On October 7, 2025, HAG LLC sought Chapter 7 bankruptcy protection
in the Northern District of Georgia, marking the start of
liquidation proceedings. Court documents show that the company has
liabilities between $0 and $100,000, and lists 1 to 49 creditors in
its petition.
About HAG LLC
HAG LLC is a single asset real estate company
HAG LLC sought relief under Chapter 7 of the U.S. Bankruptcy Code
(Bankr. N.D. Ga. Case No. 25-611645) on October 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities up to
$100,000 each.
Honorable Bankruptcy Judge Barbara Ellis-Monro handles the case.
HARD ROCK: Syla Seeks FLSA Conditional Collective Status
--------------------------------------------------------
In the class action lawsuit captioned as JETNIK SYLA and BESNIK
BERISHA, on behalf of themselves and others similarly situated, v.
HARD ROCK INTERNATIONAL (USA), INC., HARD ROCK HOTELS, INC., HR
HOTEL NYC LLC d/b/a HARD ROCK HOTEL NEW YORK, NYY STEAK LLC, NYY
STEAK MANHATTAN, LLC and KLAUBER PINTO, Case No.
1:24-cv-08247-JLR-HJR (S.D.N.Y.), the Plaintiffs will move the
Court to enter an Order:
-- granting conditional certification of a collective action
pursuant to the Fair Labor Standards Act (FLSA), and
-- mailing of a court-authorized notice to the putative collective
action members, as well as such other and further relief as the
Court deems just and proper.
Hard is an operator of a chain of theme restaurants intended to
offer collectible fashion and music-related merchandise.
A copy of the Plaintiffs' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gHhGtP at no extra
charge.[CC]
The Plaintiffs are represented by:
William Brown, Esq.
Angela Kwon, Esq.
BROWN KWON & LAM, LLP
521 Fifth Avenue, 17th Floor
New York, NY 10175
Telephone: (212) 295-5828
Facsimile: (718) 795-1642
E-mail: wbrown@bkllawyers.com
akwon@bkllawyers.com
The Defendants are represented by:
Kathleen McLeod Caminiti, Esq.
Sarah Wieselthier, Esq.
FISHER & PHILLIPS LLP
400 Connell Drive, Suite 4000
Berkeley Heights, NJ 07922
Telephone: (908) 516-1064
E-mail: kcaminiti@fisherphillips.com
swiesselthier@fisherphillips.com
HERSHEY COMPANY: Court Tosses Vidal Suit w/o Prejudice
------------------------------------------------------
In the class action lawsuit captioned as NATHAN VIDAL and EDUARDO
GRANADOS, on behalf of themselves and all other similarly situated
individuals, v. THE HERSHEY COMPANY, Case No. 0:24-cv-60831-MD
(S.D. Fla.), the Hon. Judge Melissa Damian entered an order
-- granting Defendant's motion to dismiss; and
-- dismissing without prejudice the Vidal complaint.
In the event the Plaintiffs intend to seek leave to file an amended
complaint, they must request leave to do so in a properly filed
motion in accordance with the applicable Federal and Local Rules
within 15 days of the date of the instant Order. After that date,
any new pleading must be filed in a new case.
The Clerk of Court is directed to close this case.
All pending motions, including the Plaintiffs' motion for class
certification and joint motion to stay are denied as moot, and any
deadlines previously set are terminated.
The Court finds that Plaintiffs have failed to allege facts
demonstrating a concrete injury. Therefore, this Court finds that
Plaintiffs lack Article III standing to assert the claim for
relief3 in the Complaint, either individually or on behalf of a
purported class.
On May 17, 2024, the Plaintiffs filed a Class Action Complaint on
behalf of themselves and a proposed class of consumers who
purchased one of the Reese's Products in the State of Florida,
alleging a single cause of action for violation of the Florida
Deceptive and Unfair Trade Practices Act ("FDUTPA").
Specifically, the Plaintiffs allege that they and numerous other
consumers purchased the Reese's Products "with the reasonable
expectation that the Products would look similar to the pictures
displayed on the Products’ packaging."
According to the Plaintiffs' allegations, Hershey "has deceived
reasonable consumers, like the Plaintiffs and members of the Class,
into believing the Products were something that they were not."
Hershey is a chocolate manufacturer.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9sTqx9 at no extra
charge.[CC]
HOME PARTNERS: Agrees to Settle Misleading Leases' Suit for $34MM
-----------------------------------------------------------------
Top class Actions reports that Home Partners has agreed to a $34
million class action lawsuit settlement to resolve claims that it
leased residential homes through leases containing misleading,
unenforceable or otherwise unlawful provisions.
The Home Partners class action settlement benefits individuals who
leased homes from Home Partners or were household members or
occupants listed in such leases and occupied the home at any time
during the applicable settlement class periods:
-- Multistate class: Dec. 22, 2019, through July 31, 2025
-- Minnesota class: March 1, 2016, through July 31, 2025
-- Washington class: Sept. 21, 2016, through July 31, 2025
-- Colorado class: May 1, 2017, through July 31, 2025
Home Partners is a real estate company that leases homes to renters
with the option of buying the home they rent.
Home Partners has not admitted any wrongdoing but agreed to pay $34
million to resolve the Home Partners class action lawsuit.
Under the terms of the Home Partners class action settlement, class
members can receive two types of cash benefits: a base payment and
a reimbursement for repair and maintenance costs.
Base payments will be distributed on a pro rata basis. Class
members who paid a higher amount in rent will receive a larger
share of the net settlement fund. Exact payment amounts will vary
depending on the number of class members who participate in the
settlement.
The settlement also allocates $7.5 million for repair and
maintenance cost reimbursement. Class members can receive up to
$2,500 for repairs they performed or paid others to perform that
they believe were Home Partners' responsibility.
The deadline for exclusion and objection is Oct. 20, 2025.
The final approval hearing for the Home Partners class action
settlement is scheduled for Dec. 2, 2025.
To receive a base payment, class members must have been a member of
the class as of Oct. 20, 2025. Class members who wish to receive
repair and maintenance cost reimbursement must submit a valid claim
form by Oct. 27, 2025.
Who's Eligible
The settlement benefits people in every state and the District of
Columbia in which Home Partners has leased homes who are or were
parties to leases with Home Partners, or were household members or
occupants listed in such leases, and occupied the home at any time
during the applicable settlement class periods.
Potential Award
Varies.
Proof of Purchase
Class members must submit documentation of repairs, such as
receipts, work orders, invoices or other documents, to support the
amount requested.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
10/27/2025
Case Name
Sewall, et al. v. Home Partners Holdings LLC, et al., Case No.
1:25-cv-07849, United States District Court, Northern District of
Illinois
Final Hearing
12/02/2025
Settlement Website
HPASettlement.com
Claims Administrator
Home Partners Settlement Administrator
PO Box 1829 Baton Rouge, LA 70821
admin@HPASettlement.com
(866) 952-4063
Class Counsel
Anne T. Regan
HELLMUTH & JOHNSON PLLC
Joseph Bourne
LOCKRIDGE GRINDAL NAUEN PLLP
Scott Harris
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
Defense Counsel
Michael J. Yim
KIRKLAND & ELLIS LLP
John C. McCarthy
MORGAN, LEWIS & BOCKIUS LLP [GN]
HOSPITAL SISTERS: Settles Data Breach Class Suit for $7.6MM
-----------------------------------------------------------
Steve Alder of The HIPAA Journal reports that a class action
lawsuit against Hospital Sisters Health System has been settled for
$7.6 million. The lawsuit relates to an August 2023 cyberattack
that affected approximately 883,000 individuals. The cyberattack
caused an outage of computer systems, phone lines, and websites,
and its MyChart and MyPrevea applications were taken offline for
several days, leaving the health system unable to take payments.
The investigation confirmed that the threat actor accessed systems
containing patient and employee information between August 16,
2023, and August 27, 2023, and potentially exfiltrated data.
Notification letters started to be mailed to the affected
individuals on October 26, 2023.
Several class action lawsuits were filed against Hospital Sisters
Health System in response to the data breach. Since they had
overlapping claims and were based on the same facts, the lawsuits
were consolidated into a single action -- In re Hospital Sisters
Health System Data Breach Litigation, in the Circuit Court of the
Seventh Judicial Circuit of the State of Illinois, Sangamon County,
Chancery Division.
The lawsuit alleged that Hospital Sisters Health System was
negligent because it failed to implement reasonable and appropriate
security measures to protect its network and patient and employee
data from unauthorized access, and had those measures been
implemented, the data breach could have been prevented. Hospital
Sisters Health System denies all claims asserted in the lawsuit and
denies all allegations of wrongdoing and liability. Class counsel
and the plaintiffs believe that the legal claims asserted in the
lawsuit have merit.
After assessing the strengths and weaknesses of the case, the
plaintiffs and defendants moved to settle the litigation to avoid
the burden, expense, risk, and uncertainty of continued litigation.
Class counsel and the plaintiffs believe that the settlement is
fair and provides substantial benefits for the settlement class.
Under the terms of the settlement, all class members are entitled
to enroll in financial data monitoring services for two years. The
CyEx Financial Shield package includes fraud and identity
monitoring, including monitoring for unauthorized financial
transactions and compromised bank and financial account numbers.
Class members will also benefit from a $1 million financial fraud
insurance policy.
Class members are also eligible to claim one of two cash benefits.
They may submit a claim for reimbursement of documented,
unreimbursed losses due to the data breach, up to a maximum of
$5,000 per class member. Alternatively, they can submit a claim for
a pro rata cash payment, which will be paid after attorneys' fees,
expenses, settlement administration costs, class representative
awards, financial data monitoring costs, and claims have been
paid.
The settlement has received preliminary approval from the court,
and the final fairness hearing has been scheduled for December 4,
2025. Class members wishing to object to the settlement or exclude
themselves must do so by November 14, 2025, and the deadline for
submitting a claim is November 14, 2025. [GN]
HUM NUTRITION: Faces Nwaigbo Suit Over Misleading GLP-1 Booster Ads
-------------------------------------------------------------------
Judith Nwaigbo, on behalf of herself and all others similarly
situated v. HUM Nutrition, Inc., Case No. 2:25-cv-09440 (C.D. Cal.,
Oct. 3, 2025) is a class action lawsuit against HUM, which sells a
variety of health supplements on its website, www.humnutrition.com,
and through third-party retailers.
The case is about one of HUM's supplements, the "Flatter Me Fiber
GLP-1 Booster," which the Defendant falsely and misleadingly
advertises as providing a sustained and meaningful increase to
natural GLP-1 levels comparable to actual GLP-1 agonist medications
like Ozempic.
GLP-1 is a hormone naturally produced by the human body. It serves
many functions, including slowing digestion, increasing the
sensation of satiety after eating, telling the pancreas when to
release insulin, and stopping glucose from entering the
bloodstream.
Medicines such as Ozempic and Wegovy are GLP-1 agonists --
synthetic versions of GLP-1. They are a medicine used to manage
type-2 diabetes and are also extremely effective weight loss
medications.
While naturally occurring GLP-1 is quickly processed by enzymes in
the body, giving it a half-life of only 1-2 minutes, GLP-1 agonists
are designed to resist enzymes, giving them half-lives as long as 7
days. This longer half-life is what makes GLP-1 agonists an
extremely effective weight loss tool, giving users the benefits of
the GLP-1 hormone -- such as slower digestion and feelings of
satiety -- for days rather than minutes, says the suit.
As a result, increasing naturally produced GLP-1 by modest amounts
cannot create nearly the same weight loss effects provided by
long-lasting GLP-1 agonists like Ozempic. Despite this, HUM
deceptively claims that its GLP-1 Booster can naturally increase
GLP-1 production to a meaningful level with the effect of
"curb[ing] cravings," and allowing users to "escape cravings."
HUM prominently represents on its website and social media
advertising that its GLP-1 Booster "Doubles GLP-1 Levels." But HUM
omits from its marketing claimsthat simply eating a modest meal
raises natural GLP-1 levels by three to five fold. In other words,
even if the GLP-1 Booster "doubles" GLP-1 levels, the "doubling"
has no meaningful and sustained impact on hunger or satiety, let
alone to a degree that would allow consumers to "escape cravings,"
the suit contends.
HUM also takes its deceptive advertising a step further by drawing
comparisons to actual GLP-1 agonist medications like Ozempic. For
example, HUM refers to its GLP-1 Booster as "Fauxzempic," with
claims that the GLP-1 Booster provides a natural alternative to
prescription GLP-1 medications. In reality, GLP-1 medications like
Ozempic have a half-life of approximately 7 days -- resulting in
sustained appetite suppression -- not the 1-2 minutes associated
with naturally increasing GLP-1.
The Defendant's false and misleading statements caused Plaintiff
and members of the proposed classes to pay a price premium for the
GLP-1 Booster. Had Plaintiff known the truth, the Plaintiff would
not have purchased the GLP-1 Booster or would have paid
significantly less, the suit further asserts.
The Plaintiff seeks monetary and injunctive relief against
Defendant for violating the California Unfair Competition Law,
California's False Advertising Law, and the California Consumer
Legal Remedies Act.
The Plaintiff resides in California and purchased the Defendant's
GLP-1 Booster from the Defendant's website. Before purchasing the
GLP-1 Booster, the Plaintiff saw an advertisement from HUM that
referred to the GLP-1 Booster as "Fauxzempic."
The Defendant markets and sells the GLP-1 Booster through its own
website and through third-party retailers including Target and
Amazon.[BN]
The Plaintiff is represented by:
Caleb L. Marker, Esq.
Ryan J. Ellersick, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd., Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
E-mail: caleb.marker@zimmreed.com
ryan.ellersick@zimmreed.com
- and -
Raphael Janove, Esq.
JANOVE PLLC
500 7th Ave., 8th Fl.
New York, NY 10018
Telephone: (646) 347-3940
E-mail: raphael@janove.law
ICONIC MORTGAGE: Laccinole Files Suit Over FCRA Violation
---------------------------------------------------------
A class action lawsuit has been filed against Iconic Mortgage Corp.
The case is captioned Christopher Laccinole, on behalf of himself
and all others similarly situated v. Iconic Mortgage Corp., Case
No. 1:25-cv-24186-RAR (S.D. Fla., September 15, 2025).
The case is brought over Defendant's alleged violation of the Fair
Credit Reporting Act.
The suit is assigned to Judge Rodolfo A. Ruiz, II.
Iconic Mortgage Corp. is a mortgage broker in Florida.[BN]
The Plaintiff is represented by:
John Anthony Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Suite 330
Alpharetta, GA 30009
Telephone: (404) 855-3600
E-mail: tlove@loveconsumerlaw.com
INOTIV INC: Continues to Defend Doyal Class Suit in Indiana
-----------------------------------------------------------
Inotiv Inc. disclosed in its Form 8-K Report for filed with the
Securities and Exchange Commission on August 21, 2025, that the
Company continues to defend itself from the Doyal class suit in the
United States District Court for the Northern District of Indiana.
The Company has been named as a defendant in a putative class
action relating to the cybersecurity incident reported in the
Current Report on Form 8-K filed by the Company on August 18, 2025
(the "2025 Cybersecurity Incident") pending in the United States
District Court for the Northern District of Indiana: Doyal v.
Inotiv, Inc., Case No. 4:25-cv-00046 (filed on August 21, 2025).
The complaint generally allege that the plaintiffs and the proposed
class members were harmed when their personally identifying
information and protected health information (together, "Private
Information") was impacted by the 2025 Cybersecurity Incident.
The purported class includes all persons in the United States whose
Private Information allegedly was impacted by the 2025
Cybersecurity Incident. The complaints seek (i) an order certifying
the cases as class actions, (ii) unspecified amounts of monetary
damages, restitution, punitive damages, attorneys' fees and costs,
and (iii) certain injunctive or equitable relief relating to (a)
the safeguarding of proposed class members' Private Information,
and (b) the implementation of technical and administrative
cybersecurity programs, procedures and controls.
The Company believes the claims are without merit and intends to
defend the matter vigorously.
Inotiv, Inc. operates as a contract research organization providing
research and development resources. The Company sells its services
to pharmaceutical, medical device, and biotechnology companies
around the world. [BN]
INOTIV INC: Continues to Defend Merrell Class Suit in Indiana
-------------------------------------------------------------
Inotiv Inc. disclosed in its Form 8-K Report filed with the U.S.
Securities and Exchange Commission on August 21, 2025, that the
Company continues to defend itself from the Merrell class suit in
the United States District Court for the Northern District of
Indiana.
The Company has been named as a defendant in a putative class
action relating to the cybersecurity incident reported in the
Current Report on Form 8-K filed by the Company on August 18, 2025
(the "2025 Cybersecurity Incident") pending in the United States
District Court for the Northern District of Indiana: Merrell v.
Inotiv, Inc., Case No. 4:25-cv-00047 (filed on August 25, 2025. The
complaint generally allege that the plaintiffs and the proposed
class members were harmed when their personally identifying
information and protected health information (together, "Private
Information") was impacted by the 2025 Cybersecurity Incident.
The purported class includes all persons in the United States whose
Private Information allegedly was impacted by the 2025
Cybersecurity Incident. The complaints seek (i) an order certifying
the cases as class actions, (ii) unspecified amounts of monetary
damages, restitution, punitive damages, attorneys' fees and costs,
and (iii) certain injunctive or equitable relief relating to (a)
the safeguarding of proposed class members' Private Information,
and (b) the implementation of technical and administrative
cybersecurity programs, procedures and controls.
The Company believes the claims are without merit and intends to
defend the matter vigorously.
Inotiv, Inc. operates as a contract research organization providing
research and development resources. The Company sells its services
to pharmaceutical, medical device, and biotechnology companies
around the world. [BN]
INOTIV INC: Continues to Defend Wagner Class Suit in Indiana
------------------------------------------------------------
Inotiv Inc. disclosed in its Form 8-K Report for filed with the
Securities and Exchange Commission on August 21, 2025, that the
Company continues to defend itself from the Wagner class suit in
the United States District Court for the Northern District of
Indiana.
The Company has been named as a defendant in a putative class
action relating to the cybersecurity incident reported in the
Current Report on Form 8-K filed by the Company on August 18, 2025
(the "2025 Cybersecurity Incident") pending in the United States
District Court for the Northern District of Indiana: Wagner v.
Inotiv, Inc., Case No. 4:25-cv-00049 (filed on September 2, 2025).
The complaint generally allege that the plaintiffs and the proposed
class members were harmed when their personally identifying
information and protected health information (together, "Private
Information") was impacted by the 2025 Cybersecurity Incident.
The purported class includes all persons in the United States whose
Private Information allegedly was impacted by the 2025
Cybersecurity Incident. The complaints seek (i) an order certifying
the cases as class actions, (ii) unspecified amounts of monetary
damages, restitution, punitive damages, attorneys' fees and costs,
and (iii) certain injunctive or equitable relief relating to (a)
the safeguarding of proposed class members' Private Information,
and (b) the implementation of technical and administrative
cybersecurity programs, procedures and controls.
The Company believes the claims are without merit and intends to
defend the matter vigorously.
Inotiv, Inc. operates as a contract research organization providing
research and development resources. The Company sells its services
to pharmaceutical, medical device, and biotechnology companies
around the world. [BN]
INTERNATIONAL GAME: Fails to Secure Personal Info, Martinelli Says
------------------------------------------------------------------
ANTHONY MARTINELLI, individually and on behalf of all others
similarly situated v. INTERNATIONAL GAME TECHNOLOGY, a Nevada
corporation, and BRIGHTSTAR GLOBAL SOLUTIONS CORPORATION, a
Delaware corporation, Case No. 2:25-cv-01917 (D. Nev., Oct. 7,
2025) arises from the Defendants failure to secure the personally
identifiable information and protected health information of the
Plaintiff and the members of the proposed Class, following a
cyberattack (the Data Breach).
Accordingly in the course of their regular business operations, the
Defendants collect, store, and maintain substantial amount of
Private Information, and have a resulting duty to safeguard that
Private Information from unauthorized access.
On Nov. 17, 2024, the Defendants discovered that an unauthorized
third party gained access to certain of their internal corporate
systems. Upon discovery, the Defendants launched an investigation
to determine the nature and scope of the Data Breach.
The Defendants investigation was completed on August 21, 2025. The
following types of Private Information were compromised as a result
of the Data Breach: name, contact information, date of birth,
government identification documents or government identification
number such as driver's license number, Social Security number or
other tax identifier, financial account information, health data,
and other information.
On Oct. 3, 2025, nearly 11 months after being made aware of the
Data Breach, the Defendants issued a notice of public disclosure
about the Data Breach. As a result of the Data Breach, the
Plaintiff and Class Members suffered ascertainable losses in the
form of loss of the value of their private and confidential
information, loss of the benefit of their contractual bargain,
out-of-pocket expenses and the value of their time reasonably
incurred to remedy or mitigate the effects of the attack, says the
suit.
The Plaintiff and Class Members are comprised of current and former
customer and employees of Defendants.
IGT is a company that produces slot machines and other gambling
technologies. BGSC is a lottery operator.[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
Nevada Bar No. 12078
3100 W. Charleson Blvd., Suite 208
Las Vegas, NE 89102
Telephone:(725) 235-9750
E-mail: nring@stranchlaw.com
- and -
Casondra Turner, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
260 Peachtree Street NW, Suite 2200
Atlanta, GA 30303
Telephone: (866) 252-0878
Facsimile: (771) 772-3086
E-mail: cturner@milberg.com
- and -
Courtney Maccarone, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: maccarone@kolawyers.com
INTERNATIONAL GAME: Fails to Secure Personal Info, Michaelis Says
-----------------------------------------------------------------
JASON MICHAELIS, individually and on behalf of all others similarly
situated v. INTERNATIONAL GAME TECHNOLOGY, a Nevada corporation,
and BRIGHTSTAR GLOBAL SOLUTIONS CORPORATION, a Delaware
corporation, Case No. 2:25-cv-01918 (D. Nev., Oct. 7, 2025) arises
from the Defendants failure to secure the personally identifiable
information and protected health information of Plaintiff and the
members of the proposed Class, following a cyberattack (the Data
Breach).
Accordingly in the course of their regular business operations, the
Defendants collect, store, and maintain substantial amount of
Private Information, and have a resulting duty to safeguard that
Private Information from unauthorized access.
On Nov. 17, 2024, the Defendants discovered that an unauthorized
third party gained access to certain of their internal corporate
systems. Upon discovery, the Defendants launched an investigation
to determine the nature and scope of the Data Breach.
The Defendants investigation was completed on August 21, 2025. The
following types of Private Information were compromised as a result
of the Data Breach: name, contact information, date of birth,
government identification documents or government identification
number such as driver's license number, Social Security number or
other tax identifier, financial account information, health data,
and other information.
On Oct. 3, 2025, nearly 11 months after being made aware of the
Data Breach, the Defendants issued a notice of public disclosure
about the Data Breach. As a result of the Data Breach, the
Plaintiff and Class Members suffered ascertainable losses in the
form of loss of the value of their private and confidential
information, loss of the benefit of their contractual bargain,
out-of-pocket expenses and the value of their time reasonably
incurred to remedy or mitigate the effects of the attack.
The Plaintiff and Class Members are comprised of current and former
customer and employees of Defendants.
IGT is a company that produces slot machines and other gambling
technologies. BGSC is a lottery operator.[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
Grayson Wells, Esq.
Miles M. Schiller, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
3100 W. Charleson Blvd., Suite 208
Las Vegas, NE 89102
Telephone: (725) 235-9750
E-mail: nring@stranchlaw.com
gwells@stranchlaw.com
mschiller@stranchlaw.com
JCF HOUSEMENTS: Settlement in Hadley Class Suit Gets Approval
-------------------------------------------------------------
aIn the class action lawsuit captioned as SHERIKA HADLEY, et al.,
Individually and on behalf of themselves and all others similarly
situated, v. JCF HOUSEMENTS MANUFACTURING LLC, et al.; Case No.
4:23-cv-00023-KAC-MJD (E.D. Tenn.), the Hon. Judge Crytzer entered
an order:
-- Denying the Parties' "Joint Motion For Entry Of Orders,
-- Granting Approval of Settlement,
-- Certifying The Class For Purposes Of Settlement Only,
-- Appointing a Class Representative,
-- Appointing Class Counsel,
-- Directing Notice To the Settlement Class, and
-- Scheduling a Fairness Hearing.
The Plaintiffs allege that the Defendant for violations of the
Worker Adjustment and Retraining Notification ("WARN") Act, and the
Fair Labor Standards Act ("FLSA"), and for breach of contract.
JCF is engaged in real estate and housing construction.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=R81liz at no extra
charge.[CC]
JOJO'S RESTAURANT: Sued Over Property's Architectural Barriers
--------------------------------------------------------------
DENNIS MAURER, an individual, Plaintiff vs. JOJO'S RESTAURANT, LLC,
a New Jersey Limited Liability Company, & JOJO'S RESTAURANT REALTY,
LLC, a New Limited Liability Company, Defendant, Case No.
1:25-cv-15917 (D.N.J., September 24, 2025) is a class action
against the Defendant for violation of the Americans with
Disabilities Act and the New Jersey Law Against Discrimination.
The Defendants own a property/place of public accommodation, a
restaurant known as Jo-Jo's Italian Grille, located in
Pleasantville, New Jersey.
The Plaintiff is an individual with disabilities as defined by and
pursuant to the ADA. Mr. Maurer has multiple sclerosis and
therefore has a physical impairment that substantially limits many
of his major life activities.
According to the complaint, the Plaintiff personally encountered
exposure to architectural barriers and otherwise harmful conditions
that have endangered his safety at the said property. The
architectural barriers and violations of the ADA that Mr. Maurer
has personally encountered during his visits to the property
include inaccessible parking and exterior accessible route and
restrooms.
Jojo's Restaurant, LLC operates a place of public accommodation
alleged by the Plaintiff to be operating in violation of Title III
of the ADA and the LAD.[BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
2220 N. East Avenue
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
KAISER PERMANENTE: Removes Cedillo Suit to C.D. Calif.
------------------------------------------------------
The Defendant in the case of ARELY CEDILLO, individually and on
behalf of all others similarly situated, Plaintiff v. KAISER
PERMANENTE INTERNATIONAL; and DOES 1 through 10, inclusive,
Defendants, filed a notice to remove the lawsuit from the Superior
Court of the State of California, County of Los Angeles (Case No.
24STCV28553) to the U.S. District Court for the Central District of
California on Sept. 26, 2025.
The clerk of court for the Central District of California assigned
Case No. 2:25-cv-09241.
Kaiser Permanente International provides health care services. The
Company offers urgent care and behavioral health facilities. [BN]
Defendant KAISER PERMANENTE INTERNATIONAL is represented by:
Richard H. Rahm, Esq.
Sean Choi, Esq.
OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Telephone: (415) 442-4810
Facsimile: (415) 442-4870
Email: richard.rahm@ogletree.com
sean.choi@ogletree.com
KENT MARTIN: Burch Seeks to Certify Class of Detainees
------------------------------------------------------
In the class action lawsuit captioned as ELIJAH BURCH on behalf of
himself and all similarly situated former and current pre-trial
detainees housed at the Coles County Jail, v. KENT MARTIN, in his
individual and official capacity as the COLES COUNTY SHERIFF, et
al., Case No. 1:25-cv-01068-SLD-RLH (C.D. Ill.), the Plaintiff asks
the Court to enter an order:
-- certifying, pursuant to Fed. R. Civ. P. 23(b)(3), a class
consisting of:
"all individuals who, from Feb. 19, 2023 to the present, were
detained in the Coles County Jail and placed in "medical
observation" cells or other similar rooms without running
water, plumbing or toilets"; and
-- appointing undersigned counsel to represent the class.
The putative class action arises out of the systemic practice of
the Coles County Jail to house pre-trial detainees in purported
"medical observation" cells.
These cells are essentially former visitation rooms and other rooms
that have been refurbished into empty cells that have no plumbing,
sink, running water or toilet.
The Plaintiff Burch is a veteran of the United States Army who was
honorably discharged from service, where he served as a military
police officer. In 2023, the Plaintiff Burch was arrested and
detained at the Coles County Jail where he spent approximately 3
1/2 months in pre-trial detention.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OpSE2m at no extra
charge.[CC]
The Plaintiff is represented by:
Devlin Joseph Schoop, Esq.
LADUZINSKY & SCHOOP, P.C.
216 South Jefferson Street, Suite 301
Chicago, IL 60601-5743
Telephone: (312) 424-0700
E-mail: dschoop@laduzinsky.com
- and -
Judith Marie Redwood, Esq.
REDWOOD LAW OFFICE
St. Joseph, IL 61873
Telephone: (217) 469-9194
Facsimile: (217) 469-8094
E-mail: redwoodlaw42@hotmail.com
LATOYA HUGHES: Court Narrows Claims in Brozak Suit
--------------------------------------------------
In the class action lawsuit captioned as BRODIE BROZAK AND ANDRES
JOYCE-DILBART, v. LATOYA HUGHES, et al., Case No.
3:23-cv-03299-MMM-RLH (C.D. Ill.), the Hon. Judge Michael M. Mihm
entered an order that
1. The Defendant's motion to dismiss is granted in part and
denied in part. It is denied as to Plaintiff Brozak's Eighth
Amendment claims against Scroggins and Sefton. In all other
respects it is granted. Defendants Hughes and Doe to be
terminated.
2. The Plaintiff's motion for preliminary injunction is denied.
3. The Plaintiff's motion to certify class is moot.
4. This action is referred to the magistrate judge for further
pretrial proceedings consistent with this Order.
The Court has found no likelihood of success on the merits of the
claims that seek an injunction mandating a change to IDOC policy. A
preliminary injunction is not appropriate here and the request is
denied. The Plaintiff's motion to certify class relies extensively
on allegations that have been dismissed. It is moot.
The Plaintiffs' first amended complaint seeks to allege, on behalf
of themselves and a similarly situated class, that Illinois
Department of Corrections (IDOC) Director Latoya Hughes, former
supervisor of the records office at Graham Correctional Center Dawn
Scroggins, current supervisor of the records office at Graham
Correctional Center Jennica Sefton, and John Doe records office
supervisor, violated their constitutional rights under the Eighth
and Fourteenth amendments via an IDOC policy governing calculation
of Mandatory Supervised Release.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bMhsk6 at no extra
charge.[CC]
LOAN STORE: Furman Class Suit Seeks Overtime Pay Under FLSA
-----------------------------------------------------------
Katherine Furman, an Arizona Resident, individually and on behalf
of all others similarly situated v. The Loan Store AZ, Inc. (FN), a
Delaware corporation; and The Loan Store, Inc., A Delaware
corporation, Case No. 4:25-cv-00554-AMM (D. Ariz., Oct. 6, 2025) is
an action on behalf of the Plaintiff and all other similarly
situated Collective Members who were not compensated for their
correct overtime wages pursuant to the Fair Labor Standards Act.
The Plaintiff and the Collective Members are current and former
account specialists, partner support specialists, funders, closers,
and doc drawers (or similarly titled and/or have similar job duties
and responsibilities), that were employed by Defendant.
The Plaintiff and the Collective Members worked over 40 hours
including off the clock hours in which they were not compensated
overtime for those hours. During her employment, the Plaintiff
worked hours in excess of 40 hours in a given work week. They were
not paid appropriate overtime for all time worked in excess of 40
hours in a given workweek, says the suit.
Plaintiff Furman was a full-time employee of Defendant or an
associated company of Defendant from on or around May 28, 2024, to
on or around August 15, 2025.
The Defendant is a loan company.[BN]
The Plaintiff is represented by:
James Weiler, Esq.
Jason Barrat, Esq.
WEILER LAW PLLC
www.weilerlaw.com
5050 N.40th St., Suite 260
Phoenix, AZ 85018
Telephone: (480) 442-3410
E-mail: jweiler@weilerlaw.com
jbarrat@weilerlaw.com
LOANCARE LLC: Fails to Pay Proper Wages, Centeno Alleges
--------------------------------------------------------
RAQUEL CENTENO, individually and on behalf of all others similarly
situated, Plaintiff v. LOANCARE, LLC, Defendant, Case No.
2:25-cv-00609 (E.D. Va., Sept. 25, 2025) seeks to recover from the
Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Centeno was employed by the Defendant as a remote
representative.
Loancare, LLC is a company specializing in providing professional
services to the mortgage industry. [BN]
The Plaintiff is represented by:
Matthew T. Sutter, Esq.
SUTTER & TERPAK, PLLC
7540 Little River Turnpike, Suite A
Annadale, VA 22003
Telephone: (703) 256-1800
Email: matt@sutterandterpak.com
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 East Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
Email: jyoung@sommerspc.com
- and -
Ethan C. Goemann, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
Email: egoemann@sommerspc.com
LUNA INNOVATIONS: Securities Suit Gets Preliminary Certification
----------------------------------------------------------------
In the class action lawsuit Re Luna Innovations Incorporated
Securities Litigation, Case No. 2:24-cv-02630-CBM-KS (C.D. Cal.),
the Hon. Judge Consuelo Marshall entered an order that:
1. Pursuant to FRCP 23(a) and 23(b)(3), the Action is
preliminarily certified as a class action on behalf of a
Settlement Class consisting of:
"all Persons who purchased or otherwise acquired Luna
securities between May 16, 2022, and April 19, 2024,
inclusive and were damaged thereby."
Excluded from the Settlement Class are: (i) the Defendants;
(ii) Immediate Family Members of Defendants Scott A. Graeff,
Eugene J. Nestro, and George Gomez-Quintero; (iii) any person
who is or was an officer or director of Luna; (iv) any firm
or entity in which Defendants have or had a majority
ownership interest; (v) Luna’s liability insurance
carriers;
(vi) any affiliates, parents, or subsidiaries of Luna; (vii)
all Luna plans that are covered by ERISA; and (viii) the
legal representatives, agents, affiliates, heirs,
beneficiaries, successors-in-interest, or assigns of any
excluded person or entity, in their respective capacity as
such. Also excluded are any Persons or entities who properly
exclude themselves by filing a valid and timely request for
exclusion in accordance with the requirements set by the
Court.
2. Lead Plaintiff is certified as the class representative of
the Settlement Class and Hagens Berman Sobol Shapiro LLP is
appointed as class counsel for the Settlement Class.
3. The Court schedules the Fairness Hearing, to be held before
the Court, on Dec. 17, 2025 at 10:00 a.m.
Luna provides optical technology products.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yE8ZWq at no extra
charge.[CC]
The Parties are represented by:
Lucas E. Gilmore, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Street, Suite 300
Berkeley, CA 94710
E-mail: lucasg@hbsslaw.com
- and –
Lisa R. Bugni, Esq.
KING & SPALDING LLP
533 West Fifth Street, Suite 1600
Los Angeles, CA 90071
E-mail: lbugni@kslaw.com
- and –
Emily Renshaw, Esq.
MORGAN, LEWIS & BOCKIUS, LLP
One Federal Street
Boston, MA 02110
E-mail: emily.renshaw@morganlewis.com
- and –
Daniel Roeser, Esq.
GOODWIN PROCTER LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
E-mail: droeser@goodwinlaw.com
- and –
Stephen L. Ascher, Esq.
JENNER AND BLOCK LLP
1155 Avenue of the Americas
New York, NY 10036
E-mail: sascher@jenner.com
LUXOTTICA OF AMERICA: Class Cert Hearing Set for Oct. 23
--------------------------------------------------------
In the class action lawsuit captioned as PASSION GABOUREL,
individually and on behalf of all others similarly situated, v.
LUXOTTICA OF AMERICA INC. d/b/a LENSCRAFTERS, an Ohio corporation;
LUXOTTICA RETAIL NORTH AMERICA, INC., a business entity of unknown
form; and DOES 1 through 50, inclusive, Case No.
2:22-cv-00471-FWS-MAA (C.D. Ca.), the Plaintiff asks the Court to
enter an order modifying the Court's Scheduling Order, setting a
deadline for Plaintiff to file a renewed motion for class
certification, and extending all remaining deadlines approximately
120 days, as follows:
New Date
Deadline to file motion for class Sept. 25, 2025
certification ("MFCC"):
The Defendant's opposition to MFCC due: Oct. 2, 2025
The Plaintiff's reply in support of MFCC Oct. 9, 2025
due:
Hearing on MFCC: Oct. 23, 2025
Non-expert discovery cut-off: Jan. 16, 2026
Last day to hear motions: March 13, 2026
Trial: May 29, 2026
The Plaintiff intends to file a renewed motion for class
certification seeking certification of a narrower class of
individuals not subject to arbitration agreements, and the
remaining deadlines in the Scheduling Order should be continued to
allow the time for briefing of and a ruling on Plaintiff’s
renewed motion.
The Defendant has not identified any prejudice that would result
from the requested amendment of the Scheduling Order. To the extent
that the Defendant argues that it will be prejudiced by delay, any
delay will be brief and will not result in any significant
prejudice. On the other hand, Plaintiff and the putative class
members will suffer irreparable harm if the requested relief is not
granted.
The Plaintiff filed her motion for class certification on March 26,
2025, which the Court denied on August 26, 2025. Therefore, there
is not sufficient time to file a noticed motion to amend the
Scheduling Order prior to the remaining deadlines in the Scheduling
Order, and thus extraordinary relief is necessary.
Luxottica offers prescription glasses and sunglasses.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZDJUx6 at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Launa Adolph, Esq.
Kayvon Sabourian, Esq.
MATTERN LAW GROUP, PC
2101 E. El Segundo Blvd., Suite 403
El Segundo, CA 90245
Telephone: (310) 431-1900
E-mail: KSabourian@maternlawgroup.com
The Defendants are represented by:
Khatereh Sage Fahimi, Esq.
Noah J. Woods, Esq.
Heidi E. Hegewald, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone: (619) 232-0441
Facsimile: (619) 232-4302
E-mail: sfahimi@littler.com
nwoods@littler.com
hhegewald@littler.com
MAYO CLINIC: S.S. Privacy Suit Removed to N.D. Calif.
-----------------------------------------------------
The case styled as S.S., individually and on behalf of a class of
similarly situated individuals, Plaintiff, v. MAYO CLINIC; and DOES
1 through 100, inclusive, Defendants, Case No. 25CV138118, was
removed from the Superior Court of California, County of Alameda to
the United States District Court for the Northern District of
California on September 26, 2025.
The District Court Clerk assigned Case No. 3:25-cv-08208-KAW to the
proceeding.
The Plaintiff's complaint asserts causes of action for (1)
violation of the Confidentiality of Medical Information Act, (2)
aiding and abetting unlawful interception under the California
Invasion of Privacy Act (CIPA), (3) unlawful recording of and
eavesdropping upon confidential communications under CIPA, and (4)
violation of Article 1, Section 1 of the California Constitution,
against Defendant in connection with its alleged unauthorized
disclosure of Plaintiff's and putative class members' personal
health information and/or personal identifying information to third
parties, which was discovered in September 2024.
Mayo Clinic operates as a non-profit organization. The Organization
provides health books, living program, sports medicine, medical
products, and stores. Mayo Clinic serves clients in the United
States.[BN]
Defendant Mayo Clinic is represented by:
Teresa C. Chow, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067-4301
Telephone: (310) 820-8800
Facsimile: (310) 820-8859
E-mail: tchow@bakerlaw.com
META PLATFORMS: Bid to Strike Class Allegations Partly OK'd
-----------------------------------------------------------
In the class action lawsuit captioned as PURUSHOTHAMAN RAJARAM, et
al., v. META PLATFORMS, INC., Case No. 3:22-cv-02920-LB (N.D.
Cal.), the Hon. Judge Laurel Beeler entered an order granting in
part and denying in part motion to strike:
The motion as to the class definitions' inclusion of class members
who are non-citizens or were terminated or not hired for any reason
is granted.
The court denies the remainder of the motion as premature.
Meta moved to strike the class allegations of the plaintiffs' third
amended complaint (TAC). The plaintiffs counter that the motion is
premature because discovery has not begun. The court grants the
motion in part and denies it in part
Meta contends that the termination class should be struck as
overbroad because it is not limited to specific roles like the
hiring class. But overbreadth alone does not warrant striking, and
discovery may shed more light on this issue.22 Regarding plaintiff
Webb, the plaintiffs have pleaded that although he worked for a
third-party vendor, his employment was controlled by Meta.23 Thus,
striking related allegations now would be premature.
This is a putative class action against Meta Platforms, Inc.,
formerly known as Facebook, Inc.
The named plaintiffs — Purushothaman Rajaram, Ekta Bhatia, Qun
Wang, Michael Browne, and William Webb — are U.S. citizens who
applied for jobs with Meta or worked for Meta through a third-party
vendor between May 2020 and January 2025. They allege that Meta
terminated or did not hire them because it favors H-1B visa holders
because it can pay them less than U.S. citizens. The plaintiffs
claim that this hiring practice violates 42 U.S.C. section 1981(a)
by discriminating against U.S. citizens.
The TAC defines two classes:
(1) a "hiring class" including
"All individuals who are not visa holders who applied for
the following positions with (or within) Facebook and/or Meta
in the U.S., either directly or through a third party vendor,
and were not hired: Software Engineer, Research Scientist,
Data Scientist, Data Engineer, Data Analyst, Engineer,
Engineering Manager, Machine Learning, and PLM roles," and
(2) a "termination class" including
"All individuals who are not visa holders who were employed
by Facebook and/or Meta in the U.S., either directly or
through a third-party vendor (e.g., Crystal Equation
Corporation, Infosys, and others), and were terminated."
The Plaintiff Webb is the only named plaintiff who is alleged to
have worked for Meta. He is a senior data engineer and scientist
with a bachelor of science from the California Institute of
Technology and a master of science in computer science from the
University of Washington. In August 2023, he "began working for
Meta as a Senior Data Scientist, a contractual employee role
staffed through one of Meta’s third-party vendors, Crystal
Equation Corporation."
In October 2024 and January 2025, Mr. Webb was contacted,
respectively, by Michael Woo, a technical recruiter for Meta, and
Avneet Grewall with Mindlance, a third-party recruiter for Meta,
both of whom informed Mr. Webb of open roles with Meta suited to
his skills. Mr. Webb applied for the positions with Meta, was
qualified for them, performed well in interviews, but was
ultimately not hired in favor of visa-holders.
Meta is an American multinational technology company.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ICc9zP at no extra
charge.[CC]
MLS PROPERTY: $4-Mil. Class Action Settlement Gets Final Approval
-----------------------------------------------------------------
Mike Scarcella of Reuters reports that a federal judge has granted
final approval to a $4 million class action settlement between home
sellers and MLS Property Information Network, a regional listing
service featuring homes for sale in New England.
U.S. District Judge Patti Saris in Boston on September 29, Monday
said, the settlement was fair and reasonable, concluding months of
litigation over its merits, including questions from the Justice
Department. Her ruling followed a settlement fairness hearing
earlier that day.
The lawsuit, filed in 2020, accused MLS of forcing home sellers to
pay excessive commission fees in the sale of residential real
estate. The class period runs roughly from December 2016 to the
date of the court's approval order, and covers up to 700,000 home
sellers.
Attorneys for the home sellers did not immediately respond to
requests for comment. MLS had no immediate comment.
The listing service denied any wrongdoing in agreeing to settle.
The case is among several that challenged a longstanding real
estate industry practice requiring home sellers to pay a commission
that is split between their own agent and the buyer's agent.
Some major U.S. brokerages in recent years have paid tens of
millions of dollars or more to settle claims from home sellers that
they conspired with the industry's trade group to artificially
inflate commissions.
The U.S. Justice Department previously raised concerns about the
MLS settlement, but the plaintiffs' lawyers said the deal would not
prevent the department from pursuing its own claims.
As part of the agreement, MLS will implement rule and practice
changes, including eliminating any requirement that sellers offer
commissions to buyers' agents.
Individual payouts to class members from the $4 million fund will
depend on how many claims are submitted. The plaintiffs' lawyers
said eligible class members are also expected to receive additional
compensation from multimillion-dollar settlements elsewhere
involving some of the country's largest real estate brokerages.
The case is Jennifer Nosalek et al v. MLS Property Information
Network et al, U.S. District Court for the District of
Massachusetts, No. 1:20-cv-12244-PBS.
For plaintiffs: Robert Izard and Seth Klein of Izard, Kindall &
Raabe, and Christopher Lebsock and Jose Roman Lavergne of Hausfeld
For MLS: J. Matthew Goodin of Troutman Pepper Locke, and Jon
Anderson of Brennan Scungio & Kresge [GN]
MONSANTO COMPANY: Schannette Sues Over Defective Herbicide Roundup
------------------------------------------------------------------
REGINA SCHANNETTE, Plaintiff v. MONSANTO COMPANY, Defendant, Case
No. 6:25-cv-01416 (W.D. La., September 24, 2025) is a class action
for damages suffered by Plaintiff as a direct and proximate result
of Defendant's negligent and wrongful conduct in connection with
the design, development, manufacture, testing, packaging,
promoting, marketing, advertising, distribution, labeling, and/or
sale of the herbicide Roundup(R), containing the active ingredient
glyphosate.
The Plaintiff maintains that Roundup(R) and/or glyphosate is
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use.
The Defendant failed to appropriately and adequately inform and
warn Plaintiff of the serious and dangerous risks associated with
the use of and exposure to glyphosate and/or Roundup, including,
but not limited to, the risk of developing Non-Hodgkin's lymphoma,
as well as other severe and personal injuries, which are permanent
and/or long-lasting in nature, cause significant physical pain and
mental anguish, diminished enjoyment of life, and the need for
medical treatment, monitoring and/or medications, says the suit.
The Plaintiff was exposed to Roundup in Iberia Parish, Louisiana
beginning for about a decade in the State of Louisiana and was
allegedly diagnosed with Non-Hodgkin's Lymphoma in 2023.
Monsanto Company is a multinational agricultural biotechnology
corporation based in St. Louis, Missouri.[BN]
The Plaintiff is represented by:
John C. Enochs, Esq.
Betsy Barnes, Esq.
Morris Bart LLC
601 Poydras Street, 24th Floor
New Orleans, LA 70130
Telephone: (504) 525-8000
Facsimile: (833) 277-4214
E-mail: jenochs@morrisbart.com
bbarnes@morrisbart.com
MONSANTO COMPANY: Tanner Sues Over Defective Herbicide Roundup
--------------------------------------------------------------
RUTH TANNER, individually and on behalf of ELEY TANNER, Plaintiff
v. MONSANTO COMPANY, Defendant, Case No. 1:25-cv-00287-TBM-BWR
(S.D. Miss., September 24, 2025) is a class action for damages
suffered by Plaintiff as a direct and proximate result of
Defendant's negligent and wrongful conduct in connection with the
design, development, manufacture, testing, packaging, promoting,
marketing, advertising, distribution, labeling, and/or sale of the
herbicide Roundup(R), containing the active ingredient glyphosate.
The Plaintiff maintains that Roundup(R) and/or glyphosate is
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use.
The Defendant failed to appropriately and adequately inform and
warn Plaintiff of the serious and dangerous risks associated with
the use of and exposure to glyphosate and/or Roundup, including,
but not limited to, the risk of developing Non-Hodgkin's lymphoma,
as well as other severe and personal injuries, which are permanent
and/or long-lasting in nature, cause significant physical pain and
mental anguish, diminished enjoyment of life, and the need for
medical treatment, monitoring and/or medications, says the suit.
Plaintiff Ruth Tanner is a citizen and resident of Lucedale,
Mississippi. Her husband Eley Tanner purchased and used Roundup
and/or other Monsanto glyphosate-containing products for decades in
Mississippi, including in George County, prior to his diagnosis
with Non-Hodgkin's Lymphoma in 2017. Mr. Tanner died in 2021.
Monsanto Company is a multinational agricultural biotechnology
corporation based in St. Louis, Missouri.[BN]
The Plaintiff is represented by:
John C. Enochs, Esq.
Betsy Barnes, Esq.
Morris Bart LLC
601 Poydras Street, 24th Floor
New Orleans, LA 70130
Telephone: (504) 525-8000
Facsimile: (833) 277-4214
E-mail: jenochs@morrisbart.com
bbarnes@morrisbart.com
MOTILITY SOFTWARE: Fails to Protect Personal Info, Reynicke Says
----------------------------------------------------------------
HEATHER REYNICKE and CHRISTOPHER SANTORA, on behalf of themselves
and all others similarly situated v. MOTILITY SOFTWARE SOLUTIONS,
INC., Case No. 3:25-cv-00331-MJN-PBS (S.D.N.Y., Oct. 3, 2025)
arises from the Defendant's failure to protect highly sensitive
data of approximately 760,000 individuals.
On Aug. 19, 2025, Motility discovered it had lost control over its
computer network and cybercriminals accessed highly sensitive
personal information stored on its computer network in at least two
separate incidents. Motility itself did not publicly announce the
data breach; its parent, The Reynolds and Reynolds Company,
disclosed Motility's Data Breach on or around September 12, 2025.
It is unknown how long the data breach continued before Motility
identified "suspicious activity" on August 19, 2025. The same day,
Motility responded by taking the impacted server offline to contain
the incident and began an investigation with the help of
cybersecurity experts. Law enforcement was also notified.
Motility's investigation revealed that the breach exposed the
personally identifiable information, including at least names,
birthdates, driver's license numbers, and social security numbers,
belonging to approximately 760,000 consumers (the Data Breach).
Accordingly, Motility has not notified impacted individuals, or the
attorney generals of states where impacted individuals reside. The
cybercriminals were able to breach Defendant's systems over an
undisclosed period of time because Defendant failed to adequately
train its employees on cybersecurity, failed to adequately monitor
its agents, contractors, vendors, and suppliers in handling and
securing the private information of Plaintiffs, and failed to
maintain reasonable security safeguards or protocols to protect the
Class's private information—rendering it an easy target for
cybercriminals, asserts the suit.
The Defendant's deliberate and ongoing failure to timely report the
Data Breach makes the victims vulnerable to identity theft without
any warnings to monitor their financial accounts or credit reports
to prevent unauthorized use of their private information. In
failing to adequately protect consumers' private information,
adequately notify them about the breach, and obfuscating the nature
of the breach, Defendant violated state law and harmed an unknown
number of its consumers, the suit asserts.
The Plaintiffs and the Class are victims of the Defendant's
negligence and inadequate cyber security measures. Specifically,
Plaintiffs and Members of the proposed Class trusted Defendant with
their private information. But Defendant betrayed that trust when
Defendant failed to properly use up-to-date security practices to
prevent the Data Breach, the suit says.
Plaintiffs Heather Reynicke and Christopher Santora are current and
former customers of Alpin Haus. Alpin Haus, a recreational retailer
and dealer with multiple locations, uses Motility's dealer
management software to manage sales, inventory, and customer
records.
Motility develops and provides dealer management software for the
RV industry and automotive manufacturers founded in 1984.[BN]
The Plaintiffs are represented by:
Terence R. Coates, Esq.
Dylan J. Gould, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
dgould@msdlegal.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
- and -
Samuel J. Strauss, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N. Michigan Ave., Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
MULTICARE HEALTH: Hill Suit Removed from State Ct. to W.D. Wash.
----------------------------------------------------------------
The class action lawsuit captioned as JEFFREY HILL and CHERIE
BURKE, individually and on behalf of all others similarly situated
v. MULTICARE HEALTH SYSTEM, a Washington nonprofit corporation; and
DOES 1-20, as yet unknown Washington entities, Case No.
25-2-18460-9 SEA, was removed from the Superior Court of Washington
for King County to the United States District Court for the Western
District of Washington at Seattle on Oct. 6, 2025.
The District Court for the Western District of Washington assigned
Case No. 2:25-cv-01935 to the proceeding.
On August 6, 2025, Plaintiffs Jeffrey Hill and Cherie Burke filed
their First Amended Complaint that they purport to bring
individually and on behalf of a putative class of persons they seek
to represent.
The FAC alleges MultiCare violated Washington's Equal Pay and
Opportunity Act (EPOA) at RCW 49.58.110. The EPOA requires that a
job posting disclose a salary range/wage scale and a general
description of benefits.
The Plaintiffs are both serial litigants and, together, are the
lead plaintiffs in at least thirty-two separate boiler plate class
action lawsuits, which like the instant First Amended Complaint,
allege that a class of job applicants applied to a non-compliant
job posting that did not contain the salary range/wage scale or
general description of benefits (or both)
MULTICARE HEALTH SYSTEM is a Washington-based, locally governed,
nonprofit health system headquartered in Tacoma.[BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, E
Paul Cipriani, Esq.
Hannah M. Hamley, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: 206.442.9106
E-mail: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
- and -
Craig J. Ackermann, Esq.
Brian Denlinger, Esq.
Avi Kreitenberg, Esq.
ACKERMANN & TILAJEF, P.C.
2602 North Proctor Street, Suite 205
Tacoma, WA 98406
Telephone: (310) 277-0614
E-mail: cja@ackermanntilajef.com
bd@ackermanntilajef.com
ak@ackermanntilajef.com
The Defendant is represented by:
Kathryn Rosen, Esq.
Scott Prange, Esq.
David Rund, Esq.
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
E-mail: katierosen@dwt.com
scottprange@dwt.com
davidrund@dwt.co
NATIONAL INSTRUMENTS: Court Certifies Class in Securities Suit
--------------------------------------------------------------
In the class action lawsuit RE NATIONAL INSTRUMENTS CORPORATION
SECURITIES LITIGATION, Case No. 1:23-cv-10488-DLC (S.D.N.Y.), the
Hon. Judge Denise Cote entered an order granting the lead
plaintiff's May 2, 2025, motion for class certification with
modification to the class definition.
The following class is certified:
"All persons who sold National Instruments common stock between
Aug. 12, 2022 and Aug. 30, 2022 and/or between Sept. 12, 2022
and Sept, 28, 2022, inclusive, and were damaged thereby (the
"Class")."
Excluded from the Class are the Defendants, the officers and
directors of the Company, at all relevant times, members of
their immediate families and their legal representatives,
heirs, successors, or assigns and any entity in which the
Defendants have or had a controlling interest.
Lead Plaintiff Wayne County Employees' Retirement System is
appointed as class representative. Robbins Geller is appointed as
class counsel.
National is a producer of automated test equipment, semiconductor
production, and virtual instrumentation software.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NrDFri at no extra
charge.[CC]
The Plaintiff is represented by:
Chad Johnson, Esq.
Noam Mandel, Esq.
Desiree Cummings, Esq.
Jonathan Zweig, Esq.
Jai Chandrasekhar, Esq.
Christopher T. Gilroy, Esq.
Alyssa H. Plascoff, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
420 Lexington Avenue, Suite 1832
New York, NY 10170
- and -
Robert C. Finkel, Esq.
Joshua W. Ruthizer, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
The Defendants are represented by:
James F. Bennett, Esq.
J. Russell Jackson, Esq.
Jenny E. Braun, Esq.
DOWD BENNETT LLP
7676 Forsyth Boulevard, Suite 1900
St. Louis, MO 63105
- and -
Andrew Ditchfield, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
NESTLE HEALTHCARE: Seeks to File Class Opposition Under Seal
------------------------------------------------------------
In the class action lawsuit captioned as Horti, et al., v. Nestle
Healthcare Nutrition, Inc. (RE: NESTLE BOOST NUTRITIONAL DRINK
LITIGATION), Case No. 3:21-cv-09812-JSC (N.D. Cal.), the Defendant
asks the Court to enter an order granting its administrative motion
to file portions of the Defendant's opposition to the Plaintiffs'
motion for class certification and the expert report of Ronald T.
Wilcox, PhD under seal.
Nestle's opposition to class certification and the accompanying
Wilcox Report reference internal, confidential Nestle documents
produced under the protective order throughout the course of
discovery.
These documents contain information about market research, surveys,
and studies prepared for and on behalf of Nestlé regarding
strategies to differentiate Boost Glucose Control from competing
products in the marketplace.
Nestle manufactures, markets and/or distributes more than 2 drugs
in the United States.
A copy of the Defendant's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=piiNUW at no extra
charge.[CC]
The Defendant is represented by:
Christopher Chorba, Esq.
Perlette Jura, Esq.
Timothy W. Loose, Esq.
Al Kelly, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: (213) 229-7746
E-mail: cchorba@gibsondunn.com
pjura@gibsondunn.com
tloose@gibsondunn.com
AKelly@gibsondunn.com
NEW ERA: Website Inaccessible to the Blind Users, Cazares Alleges
-----------------------------------------------------------------
AMELIA CAZARES, on behalf of herself and all others similarly
situated v. New Era, Inc., Case No. 2:25-cv-01312-LA (E.D. Wisc.,
Oct. 3, 2025) alleges that the Defendant failed to design,
construct, maintain, and operate their website,
www.heritagesteel.us, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, in violation of the Americans with Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services New Era provides to their non-disabled customers through
its website. The Defendant's denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the ADA.
Accordingly, www.heritagesteel.us contains significant access
barriers that make it difficult if not impossible for blind and
visually-impaired customers to use the website. The access barriers
make it impossible for blind and visually-impaired users to even
complete a transaction on the website, says the suit.
Heritagesteel.us provides to the public a wide array of the goods,
services, price specials and other programs offered by New
Era.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
NEW LOTS: Fails to Pay Proper Wages, Zhang Suit Alleges
-------------------------------------------------------
RUI ZHANG, individually and on behalf of all others similarly
situated, Plaintiff v. NEW LOTS LAUNDROMAT INC.; and BORONG WU,
Defendants, Case No. 1:25-cv-05439 (E.D.N.Y., Sept. 29, 2025) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Zhang was employed by the Defendants as a sales person.
New Lots Laundromat is a Brooklyn-based company that offers a wide
range of furniture, home decor, and outdoor furniture options.
[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
Stillman Legal, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
Email: www.StillmanLegalPC.com
NEXAR INC: Faces Richard Suit Over Fraudulent Dash Cam Security
---------------------------------------------------------------
KARL RICHARDS, on behalf of himself and all others similarly
situated v. NEXAR, INC., Case No. 1:25-cv-08211 (S.D.N.Y., Oct. 3,
2025) seeks damages for Plaintiffs and other consumers who were
victims of the Defendant's fraudulent and misleading
representations concerning the dash cam's security and privacy
features.
The complaint alleges that Nexar monetizes users' data and
recordings by repackaging them into various products. One of those
is the company's CityStream map which uses recent and blurred
images taken by Nexar dash cams, superimposes them on a publicly
available map, and annotates things such as yield or speed limit
signs, damaged roads, and other hazards.
According to a report from 404 Media, in September 2025, a hacker
accessed a database of video recordings taken from Nexar-branded
cameras, which are built to be placed in drivers' cars. In a clip
provided by the hacker to 404 Media, a Nexar camera is faced
towards the inside of the car, capturing a rideshare driver picking
up passengers. In these videos, the riders' faces are clearly
visible.
The hacker had found all these videos on an improperly secured
Amazon Web Services (AWS) bucket. An AWS bucket acts as a virtual
file folder in the cloud where users can store various types of
data and the hacker found more than 130 TB worth of data. According
to the hacker, every Nexar dash cam is equipped with a "key" to
Nexar's database. The key allows users to upload their own camera's
data to the database. However, the key also allows users to access
the data uploaded from other users' camera.
Allegedly, Nexar makes strong promises about how it will protect
users' privacy. Indeed, in its privacy policy, Nexar boldly
proclaims that "while privacy laws may vary between jurisdictions,
Nexar is committed to protecting personal data in accordance with
this Privacy Policy, customary industry standards, and such
appropriate lawful mechanisms and contractual terms requiring
adequate data protection, regardless of any lesser legal
requirements that may apply in the jurisdiction to which such data
is transferred." Giving any Nexar camera user effectively carte
blanche access to all other Nexar users' video files is not
compliant with any "customary industry standard," nor is it
"adequate data protection," asserts the suit.
Plaintiff Karl Richards is a resident and citizen of New York who
purchased and used a dash cam camera in his car.
Nexar is a dash cam company that promotes its products as "virtual
CCTV cameras" and offers automatic cloud uploads of critical
incidents, AI-driven insights, and real-time road alerts.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
Matthew A. Girardi, Esq.
BURSOR & FISHER, P.A.
50 Main Street, Ste. 475
White Plains, NY 10606
Telephone: (914) 874-0708
Facsimile: (914) 206-3656
E-Mail: pfraietta@bursor.com
mgirardi@bursor.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
OPW FUELING: Solis Seeks FLSA Conditional Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as ESTRELLA SOLIS, on behalf
of the Estate of Narciso Solis and all others similarly situated,
v. OPW FUELING COMPONENTS, LLC, Case No. 5:25-cv-00562-FL
(E.D.N.C.), the Plaintiff asks the Court to enter an order
granting:
(1) conditional certification of this action and for court-
authorized notice pursuant to section 216(B) of the Fair
Labor Standards Act (FLSA);
(2) approval of the proposed FLSA notice of this action and the
consent form;
(3) complete list (from Jan. 29, 2021 through the present), of
all manufacturing employees (across all departments), and
such list will include names, job titles, dates of
employment, locations and/or departments where such employees
are employed with the Defendant, last-known mailing
addresses, last-known cell numbers, home phone numbers,
personal email addresses, dates of birth, and last four
digits of their SSNs; and all related clock in and out time
records with corresponding payroll records for the relevant
time period of all putative plaintiffs within 15 days of the
Order;
(4) the ability to distribute the Notice and Opt-in Form, along
with a Spanish translated version, via first class mail,
email, text message, and a posting at the Defendant's
facilities to all putative plaintiffs of the conditionally
certified collective, with a reminder mailing to be sent 45-
days after the initial mailing to all non-responding putative
plaintiffs;
(5) approval of Named Plaintiff Estrella Solis, on behalf of the
Estate of Narciso Solis, as class representative; and
(6) approval of Law Office of Gilda Hernandez, PLLC as collective
counsel.
OPW designs and manufactures fueling equipment.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xhBK1K at no extra
charge.[CC]
The Plaintiff is represented by:
Gilda A. Hernandez, Esq.
Hannah B. Simmons, Esq.
Briahna B. Koegel, Esq.
THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
215 S. Academy Street
Cary, NC 27511
Telephone: (919) 741-8693
Facsimile: (919) 869-1853
E-mail: ghernandez@gildahernandezlaw.com
hsimmons@gildahernandezlaw.com
bkoegel@gildahernandlaw.com
ORGANIFI LLC: Fernandez Balks at Blind User-Inaccessible Website
----------------------------------------------------------------
JUDITH ADELA FERNANDEZ MARTINEZ, on behalf of herself and all other
persons similarly situated v. ORGANIFI, LLC, Case No. 1:25-cv-08283
(S.D.N.Y., Oct. 7, 2025) alleges that the Defendant failed to
design, construct, maintain, and operate its interactive website,
https://www.organifishop.com to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendants denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's Website will become and remain accessible to blind and
visually-impaired consumers.
The Defendant offers the commercial website,
https://www.organifishop.com/, to the public. The Website offers
features which should allow all consumers to access the goods and
services offered by Defendant and which Defendant ensures delivery
of such goods and services throughout the United States including
New York State.[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, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
OUTCOMES ONE: Fails to Prevent Data Breach, Anderson Alleges
------------------------------------------------------------
BELINDA ANDERSON, individually and on behalf of all others
similarly situated, Plaintiff v. OUTCOMES ONE, INC., Defendant,
Case No. 6:25-cv-01883 (M.D. Fla., Sept. 30, 2025) is a class
action against the Defendant for its failure to properly secure and
safeguard the Plaintiff's and Class Members' protected health
information, personally identifiable information, and financial
information stored within Defendant's information network.
The Plaintiff alleges in the complaint that the Defendant
disregarded the rights of Plaintiff and Class Members by
intentionally, willfully, recklessly, or negligently failing to
take and implement adequate and reasonable measures to ensure that
Plaintiff's and Class Members' PHI/PII and financial information
was safeguarded, failing to take available steps to prevent
unauthorized disclosure of data, and failing to follow applicable,
required and appropriate protocols, policies and procedures
regarding the encryption of data, even for internal use.
As a result, the PHI/PII and financial information of Plaintiff and
Class Members was compromised through disclosure to an unknown and
unauthorized third party -- an undoubtedly nefarious third party
that seeks to profit off this disclosure by defrauding Plaintiff
and Class Members in the future, says the suit.
Outcomes One, Inc. provides pharmacy technology solutions. The
Company offers healthcare solutions for pharma, payers, pharmacy
management, and other clinical pharmacy solutions. [BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
PASTEUR PHARMACY: Faces Trippett Over Blind-Inaccessible Website
----------------------------------------------------------------
ALFRED TRIPPETT, on behalf of himself and all others similarly
situated v. PASTEUR PHARMACY, INC., Case No. 1:25-cv-08214
(S.D.N.Y., Oct. 3, 2025) contends that the Defendant failed to
design, construct, maintain, and operate its website,
https://pasteurpharmacy.com/ to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, in violation of the Americans with
Disabilities Act.
On Aug. 17, 2025, the Plaintiff visited
https://pasteurpharmacy.com/ intending to purchase skincare items,
including Wholly Kaw Dr. Mudgil HydroNourish with Hyaluronic Acid
Niacinamide Zinc & Copper Medical Grade Dermatologist Approved
Moisturizer 28ml. The Plaintiff struggled to locate the main
product categories because the navigation system was not properly
coded for screen reader use.
On Aug. 31, 2025, the Plaintiff made a second attempt to shop on
the site. He encountered further barriers: product images lacked
descriptive text, making it impossible to distinguish between
variants such as different colors or formulations. The wishlist
function also created confusion, as the software incorrectly read
items as selected when they were not.
On Sept. 28, 2025, the Plaintiff again attempted to browse
Defendant's products. The same barriers remained, and additional
issues persisted, including the business address in the website
footer, which was unreadable by NVDA.
This prevented Plaintiff from independently confirming the location
of Defendant's physical store. These barriers, which Plaintiff
personally experienced, were consistent with a SortSite
accessibility audit performed on the website. The audit confirmed
multiple violations of accessibility standards, including missing
alt text on images, mislabeled form fields, improper navigation
structures, and other deficiencies that prevent blind and visually
impaired users from equally accessing the website, asserts the
suit.
Mr. Trippett is legally blind and resides in New York County. He
relies on NVDA screen reader software to navigate websites and
independently shop for goods and services online.
Pasteur operates a physical retail store located at 53 East 34th
Street, New York, New York, as well as the website
https://pasteurpharmacy.com/. Through the website, Defendant offers
detailed product information, online purchasing functions, and
promotional content for its curated selection of skincare,
fragrance, grooming, and wellness items.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
PAYACTIV INC: Fails to Secure Personal Info, Gomez Says
-------------------------------------------------------
JESSENIA GOMEZ, on behalf of herself and all others similarly
situated v. PAYACTIV, INC., Case No. 5:25-cv-08511 (N.D. Cal., Oct.
6, 2025) is a class action against the Defendant for its failure to
properly secure and safeguard personal identifiable information of
at least 174 individuals, including, but not limited to, name and
Social Security number.
Prior to and through August 20, 2025, the Defendant obtained the
PII of Plaintiff and Class Members, including by collecting it
directly from Plaintiff and Class Members.
From April 3, 2025, to August 20, 2025, Defendant experienced a
cybersecurity incident that involved unusual activity in its
network (the Data Breach). The Defendant determined that, during
the Data Breach, an unauthorized actor viewed information stored in
its systems.
On or around September 26, 2025, Defendant began notifying
Plaintiff and Class Members of the Data Breach. By obtaining,
collecting, using, and deriving a benefit from the PII of Plaintiff
and Class Members, Defendant assumed legal and equitable duties to
those individuals to protect and safeguard that information from
unauthorized access and intrusion.
The Defendant admits that the unencrypted PII that was potentially
accessed and acquired by an unauthorized actor included name and
Social Security number.
According to its website, the Defendant provides services to
employers so their employees can immediately access wages for hours
already worked, transfer to their bank, load it on a Payactiv Card,
or pick up cash at Walmart.[BN]
The Plaintiff is represented by:
Michael F. Ram, Esq.
Patrick A. Barthle II, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Ave, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
E-mail: mram@forthepeople.com
pbarthle@ForThePeople.com
- and -
Ryan D. Maxey, Esq.
MAXEY LAW FIRM, P.A.
107 N. 11th St. #402
Tampa, FL 33602
Telephone: (813) 448-1125
E-mail: ryan@maxeyfirm.com
PAYACTIV INC: Fails to Secure Personal Info, Mijangos Suit Says
---------------------------------------------------------------
BLAKE MIJANGOS, individually and on behalf of all others similarly
situated, v. PAYACTIV, Inc., Case No. 5:25-cv-08580 (N.D. Cal.,
Oct. 7, 2025) arises out of the recent data security incident and
data breach that was perpetrated against Defendant which held in
its possession certain personally identifiable information of the
Plaintiff and other current and former customers and employees of
Defendant, the putative class members.
The Data Breach occurred between April 3, 2025, and August 20,
2025. Based on the Defendant's report to the Montana Department of
Justice, the Private Information for 174 Montanans alone were
impacted by the Data Breach. The Defendant has also reported to the
Attorneys General of Vermont and New Hampshire that residents of
those states were impacted by the Data Breach.
On Sept. 26, 2025, the Defendant mailed data breach notification
letters to impacted individuals informing them of a cyberattack
("the Data Breach") and admits that their Private Information was
impacted by the Data Breach.
The Private Information compromised in the Data Breach includes
names and Social Security numbers. The Defendant is a national
financial services company that provides clients with access to
their earned wages before payday.
The Plaintiff is a former employee of Defendant who received a
letter in the mail from Defendant informing him that his Private
Information was impacted in the data breach.
The Plaintiff brings this class action lawsuit on behalf of
himself, and those similarly situated to address Defendant's
inadequate safeguarding of Class Members' Personal Information that
it collected and maintained, and for failing to provide adequate
notice to Plaintiff and other Class Members that their information
was likely accessed by an unknown third party and precisely what
type of information was accessed.
Payactiv is a financial services company headquartered in Milpitas,
California.[BN]
The Plaintiff is represented by:
John P. Kristensen, Esq.
KRISTENSEN LAW GROUP
120 Santa Barbara Street, Suite C9
Santa Barbara, CA 93101
Telephone: 805-837-2000
E-mail: john@kristensen.law
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: lmontgomery@eksm.com
PAYACTIV INC: Fails to Secure Personal Info, Toth Says
------------------------------------------------------
SUSAN TOTH, individually, and on behalf of all others similarly
situated v. PAYACTIV, INC., Case No. 3:25-cv-08476 (N.D. Cal., Oct.
3, 2025) seeks monetary damages and injunctive and declaratory
relief arising from the Defendant's failure to safeguard the
Personally Identifiable Information of Plaintiff and Class members,
which resulted in unauthorized access to its information systems on
or around September 12, 2025, and the compromised and unauthorized
disclosure of that Private Information, causing widespread injury
and damages to Plaintiff and the proposed members.
Accordingly, the Defendant detected unusual activity in their
computer systems and ultimately determined that an unauthorized
third party accessed their network and obtained certain files from
their systems on or around September 12, 2025 (Data Breach).
As a result of the Data Breach, which the Defendant failed to
prevent, the Private Information of Plaintiff and the proposed
Class members, was stolen, including their Social Security numbers.
The Defendant's investigation concluded that the Private
Information compromised in the Data Breach included Plaintiff's and
other Class Members information.
The Defendant's failure to safeguard the Plaintiff and Class
Members' highly sensitive Private Information as exposed and
unauthorizedly disclosed in the Data Breach violates their common
law duties, California law, and Defendant's implied contract with
Clients to safeguard their Private Information, says the suit.
Allegedly, the Plaintiff and Class members now face a lifetime risk
of identity theft due to the nature of the information lost, which
they cannot change, and which cannot be made private again.
Payactiv is a financial services company.[BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
Srourian Law Firm, P.C.
468 N. Camden Dr., Suite 200
Beverly Hills, CA 90210
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
PETER MILLAR: Website Inaccessible to the Blind, Moran Alleges
--------------------------------------------------------------
WASHINGTON MORAN, on behalf of himself and all other persons
similarly situated v. PETER MILLAR LLC, Case No. 1:25-cv-08192
(S.D.N.Y., Oct. 3, 2025) alleges that the Defendant failed to
design, construct, maintain, and operate their website,
https://www.gfore.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, in violation of the Americans with Disabilities Act.
During the Plaintiff's visits to the Website, the last occurring on
September 24, 2025, in an attempt to purchase Men's MG4+ O2 Golf
Shoes from the 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 and full and equal access to the goods and services offered
to the public and made available to the public; and that denied
Plaintiff the full enjoyment of the goods, and services of the
Website by being unable to purchase Men's MG4+ O2 Golf Shoes, as
well as other products available online and to ascertain
information relating to Defendant's: golf clothing and footwear, as
well as other types of goods, locations and hours of operation of
their physical retail stores and directions thereto, pricing,
privacy policies and internet pricing specials, the suit says.
The Defendant operates the G/Fore online retail store and physical
retail stores, as well as the G/Fore interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiffs are represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
PHILLIP MICHAEL: Website Inaccessible to the Blind, Ford Alleges
----------------------------------------------------------------
SANDRA FORD, on behalf of herself and all others similarly situated
Plaintiff v. The Phillip Michael Group, LLC, Case No. 1:25-cv-12109
(N.D. Ill., Oct. 3, 2025) alleges that the Defendant failed to
design, construct, maintain, and operate their website,
Moderndentalchicago.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, in violation of the Americans with
Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services the Defendant provides to their non-disabled customers
through its website. The Defendant's denial of full and equal
access to its website, and therefore denial of its products and
services offered, and in conjunction with its physical locations,
is a violation of Plaintiff's rights under the ADA.
Accordingly, Moderndentalchicago.com contains significant access
barriers that make it difficult if not impossible for blind and
visually-impaired customers to use the website. The access barriers
make it impossible for blind and visually-impaired users to even
complete a transaction on the website, says the suit.
Moderndentalchicago.com provides to the public a wide array of the
services, price specials, and other programs offered by The Phillip
Michael Group.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
POLARIS SOFTWARE: Hughes Suit Over Use of Data Broker Software
--------------------------------------------------------------
DANA HUGHES, individually and on behalf of all others similarly
situated v. POLARIS SOFTWARE LLC, a Delaware limited liability
company; and DOES 1 through 25, inclusive, Case No. 2:25-cv-09527
(C.D. Cal., Oct. 6, 2025), alleges that Polaris uses data broker
software on its website -- https://www.benchmarkemail.com/pricing/
-- to secretly collect data about Plaintiff and other Website
visitor's computer, location, and browsing habits.
The data broker software then compiles this data and correlates
that data with extensive external records it already has about most
Californians in order to learn the identity of the Website user.
The Defendant's installation and use of data broker software
without obtaining consent is a violation of the California Trap and
Trace Law. The Defendant systematically violated these expectations
through its unauthorized surveillance activities, asserts the
suit.
The Defendant is a California corporation that owns, operates,
and/or controls the Website.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: rtauler@taulersmith.com
eshapiro@taulersmith.com
POMPEII 3 INC: Bahena Seeks Equal Website Access for the Blind
--------------------------------------------------------------
ASHLEY BAHENA, individually and on behalf of all others similarly
situated, Plaintiff v. POMPEII 3, INC., Defendant, Case No.
1:25-cv-11629 (N.D. Ill., Sept. 25, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.pompeii3.com/, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Pompeii 3, Inc. is an independent, family-owned online boutique
specializing in fine diamond jewelry and more. [BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (630) 478-0856
Facsimile: (929) 442-2154
Email: achan@ealg.law
REIMAGINE FOOTBALL: Website Inaccessible to the Blind, David Says
-----------------------------------------------------------------
NICOLE DAVIS, on behalf of herself and all others similarly
situated v. Reimagine Football Company, Case No. 1:25-cv-12107
(N.D. Ill., Oct. 3, 2025) alleges that the Defendant failed to
design, construct, maintain, and operate their website,
Goalfive.com, to be fully accessible to and independently usable by
the Plaintiff and other blind or visually-impaired persons, in
violation of the Americans with Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services the Defendant provides to their non-disabled customers
through its website. The Defendant's denial of full and equal
access to its website, and therefore denial of its products and
services offered, and in conjunction with its physical locations,
is a violation of Plaintiff's rights under the ADA.
Accordingly, Goalfive.com contains significant access barriers that
make it difficult if not impossible for blind and visually-impaired
customers to use the website. The access barriers make it
impossible for blind and visually-impaired users to even complete a
transaction on the website, says the suit.
Goalfive.com provides to the public a wide array of the goods,
services, price specials and other programs offered by Reimagine
Football.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
REMARKABLE OPERATIONS: Young Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
LESHAWN YOUNG, on behalf of herself and all other persons similarly
situated, Plaintiff v. REMARKABLE OPERATIONS LLC, Defendant, Case
No. 1:25-cv-07921 (S.D.N.Y., September 24, 2025) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://remarkable.com, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons in
violation of the Americans with Disabilities Act, the New York
State Human Rights Law, the New York City Human Rights Law, and the
New York State General Business Law.
During Plaintiff's visits to the website, the last occurring on
September 19, 2025, in an attempt to purchase a ReMarkable Paper
Pro Move from Defendant and to view the information on the Website,
the Plaintiff encountered multiple access barriers that denied her
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public.
The Plaintiff was unable to locate pricing and was not able to add
the item to the cart due to broken links, pictures without
alternate attributes and other barriers on Defendant's website.
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.
Remarkable Operations LLC operates the website that offers digital
notebooks.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
REZOLVE AI: Rosen Law Investigates Potential Securities Claims
--------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Rezolve AI plc (NASDAQ: RZLV) resulting from
allegations that Rezolve may have issued materially misleading
business information to the investing public.
So What: If you purchased Rezolve securities you may be entitled to
compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=45542 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On September 29, 2025, Investing.com published
an article entitled "Rezolve AI faces short seller allegations of
deceptive practices." The article stated that Fuzzy Panda Research
had "announced a short position in Rezolve AI," based on the claim
that Rezolve "is misrepresenting its artificial intelligence
capabilities and revenue growth."
On this news, Rezolve stock fell 10.7% on September 29, 2025.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017.
The firm has been ranked in the top 4 each year since 2013 and has
recovered hundreds of millions of dollars for investors. In 2019
alone the firm secured over $438 million for investors. In 2020,
founding partner Laurence Rosen was named by law360 as a Titan of
Plaintiffs' Bar. Many of the firm's attorneys have been recognized
by Lawdragon and Super Lawyers. [GN]
RITCHIE TRUCKING: Class Settlement in Imber Gets Initial Nod
------------------------------------------------------------
In the class action lawsuit captioned as BRANDON IMBER,
individually and on behalf of all others similarly situated, v.
BRUCE LACKEY, PAM LACKEY, LACKEY FAMILY TRUST, COLE SCHARTON, THE
ADMINISTRATIVE COMMITTEE OF THE PEOPLE BUSINESS EMPLOYEE STOCK
OWNERSHIP PLAN, MIGUEL PAREDES, RICH ROUSH, DEL THACKER, RICHARD
DEYOUNG, AND RITCHIE TRUCKING SERVICE HOLDINGS, INC., and PEOPLE
BUSINESS EMPLOYEE STOCK OWNERSHIP PLAN, Case No. 1:22-cv-00004-HBK
(E.D. Cal.), the Hon. Judge Helena Barch-kuchta entered an order
the following:
(1) granting the Plaintiff's motion for preliminary approval of
class action settlement.
(2) granting the Plaintiff's motion for class certification to
the extent that the Court conditionally certifies the
following Settlement Class pursuant to Federal Rule of Civil
Procedure 23 for settlement purposes only in accordance with
the terms of the Settlement Agreement as follows:
"All participants in the ESOP from Dec. 31, 2018, or any time
thereafter until Dec. 31, 2024 (unless the participant
terminated without vesting) and those participants'
beneficiaries other than the Excluded Persons."
"Excluded Persons" means the following persons who are
excluded from the Class: (a) the Defendants; (b) any
fiduciary of the Plan; (c) the officers and directors of
Ritchie Trucking or of any entity in which the individual
Defendants have a controlling interest; (d) immediate family
members of any of the foregoing excluded persons; and (e) the
legal representatives, successors, and assigns of any such
excluded persons.
(3) appointing the Plaintiff's counsel, R. Joseph Barton, as
class counsel.
(4) appointing the Plaintiff Brandon Imber as the class
representative.
(5) preliminarily approving the Settlement, including the
Proposed Plan of Allocation, as fair, reasonable, and adequate.
Ritchie provided services including hauling, last minute delivery,
warehousing, distribution, and installation of household
appliances.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vpNZsV at no extra
charge.[CC]
RODNEY RIGGS: Property Inaccessible to Disabled People, Alger Says
------------------------------------------------------------------
JAMES ALGER, individually and on behalf of all others similarly
situated, Plaintiff v. RODNEY RIGGS, dba CANDYLAND dba AS SEEN ON
TV, Defendant, Case No. 5:25-cv-08254 (N.D. Cal., Sept. 28, 2025)
alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendants'
commercial properties located at 700 Cannery Row, Monterey, CA
93940; and 685 Cannery Row, Monterey, CA 93940, are not accessible
to mobility-impaired individuals in violation of ADA.
Rodney Riggs, dba Candyland dba As Seen On TV owns and operates
commercial properties in California. [BN]
The Plaintiff is represented by:
Irakli Karbelashvili, Esq.
ALLACCESS LAW GROUP
1400 Coleman Ave Ste F28
Santa Clara, CA 95050
Telephone: (408) 295-0137
Facsimile: (408) 295-0142
Email: irakli@allaccesslawgroup.com
RPM PIZZA: Rist Seeks Minimum Wages & OT for Delivery Drivers
-------------------------------------------------------------
EMILY RIST, individually and on behalf of similarly situated
persons v. RPM PIZZA HOLDINGS, LLC, and RPM PIZZA BATON ROUGE, LLC,
Case No. 1:25-cv-00294-HSO-BWR (S.D. Miss., Oct. 3, 2025) seeks to
recover unpaid minimum wages and overtime hours owed to the
Plaintiff and similarly situated delivery drivers employed by
Defendants at their pizza delivery stores under the Fair Labor
Standards Act.
The Defendants operate several pizza franchise stores. The
Defendants employ delivery drivers who use their own automobiles to
deliver pizza and other food items to their customers.
However, instead of reimbursing delivery drivers for the reasonably
approximate costs of the business use of their vehicles, the
Defendants use a flawed method to determine reimbursement rates
that provides such an unreasonably low rate beneath any reasonable
approximation of the expenses they incur that the drivers'
unreimbursed expenses cause their wages to fall below the federal
minimum wage during some or all workweeks, the suit says.
RPM PIZZA HOLDINGS, LLC is a Domino's pizza franchise in the United
States.[BN]
The Plaintiff is represented by:
William B. Ryan, Esq.
DONATI LAW, PLLC
1545 Union Avenue
Memphis, TN 38104
Telephone: 901-278-1004
E-mail: billy@donatilaw.com
SALESFORCE INC: Yockey Seeks to File Docs Under Seal
----------------------------------------------------
In the class action lawsuit captioned as Yockey v. Salesforce,
Inc., Case No. 4:22-cv-09067-JST (N.D. Cal.), the Plaintiffs ask
the Court to enter an order allowing them to file under seal
documents containing information or references to information that
either Defendant Salesforce, Inc. or Non-Party Rite Aid designated
as either "Confidential" or "Highly Confidential – Attorneys'
Eyes Only" pursuant to the Protective Order.
The Plaintiffs certify that they have reviewed and complied with
the Court's Standing Order Governing Administrative Motions to File
Materials Under Seal. The Plaintiffs further certify that they have
reviewed and complied with Civil Local Rule 79-5 and established
that only one motion is necessary, as Plaintiffs are not the
Designating Party with respect to any materials seeking
consideration. Thus, only Salesforce and Rite Aid must individually
satisfy the showing required in Civil Local Rule 79-5(c)(1).
The present motion only seeks consideration of documents
designated as “Confidential” or “Highly Confidential –
Attorneys’ Eyes Only” by Defendant Salesforce, Inc. or
Non-Party Rite Aid, or references thereto by Plaintiffs’ experts
or by Plaintiffs in their Motion for Class Certification.
The Plaintiffs state that the "compelling reasons" standard applies
at class certification.
Salesforce is an American cloud-based software company specializing
in customer relationship management (CRM) and related
applications.
A copy of the Plaintiffs' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=d8VLwT at no extra
charge.[CC]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Daniel S. Guerra, Esq.
Joseph I. Marchese, Esq.
Max S. Roberts, Esq.
Ira Rosenberg, Esq.
Caroline C. Donovan, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
dguerra@bursor.com
jmarchese@bursor.com
mroberts@bursor.com
irosenberg@bursor.com
cdonovan@bursor.com
SAVOYA LLC: Court Dismisses State Claims in "Cuhadar"
-----------------------------------------------------
In the case captioned as Henry Huseyin Cuhadar and Gurhan Ergezer,
individually and on behalf of all other similarly situated,
Plaintiffs, v. Savoya, LLC, Defendant, Civil Action No.
3:25-CV-0443-X, Judge Brantley Starr of the United States District
Court for the Northern District of Texas granted in part the
Defendant's Partial Motion to Dismiss Plaintiffs' First Amended
Complaint and found as moot the Defendant's Motion to Strike
Plaintiffs' Rule 23 Class Action Allegations. The ruling resulted
in dismissal, without prejudice, of Counts III, IV, V, VI, VII, and
VIII of the Complaint, termination of any basis for maintenance of
this matter as a class action, and continuation of the case as a
Fair Labor Standards Act (FLSA) collective action. The Court
granted leave to the parties to file a briefing stating their
objections, if any, by October 22, 2025.
Plaintiffs Henry Huseyin Cuhadar and Gurhan Ergezer individually
and on behalf of others similarly situated filed this suit against
Savoya for alleged violations of the FLSA and the New York Labor
Law. Savoya operates a chauffeured limousine and luxury car
transportation business. Plaintiffs, former Savoya limousine
drivers in the New York City area, believe that Savoya
misclassified them as independent contractors instead of employees
and denied them overtime premiums and expense reimbursements, among
other violations.
When a party files a 12(b)(1) motion to dismiss for lack of subject
matter jurisdiction in conjunction with other Rule 12 motions, a
court must resolve the jurisdictional challenge first. A court must
dismiss a complaint if it lacks subject-matter jurisdiction. And
such dismissal is always without prejudice. The party asserting
jurisdiction carries the burden to prove it. At the pleading stage,
the party may meet its burden by alleging a plausible set of facts
that establish jurisdiction.
To bring a case before a federal court, a plaintiff must have
standing—the bedrock constitutional requirement that restrains
the judiciary and preserves separation of powers. An injury in fact
may exist solely by virtue of statutes creating legal rights, the
invasion of which creates standing. But statutes cannot dispense
with the injury requirement altogether. Put differently, the
deprivation of a right created by statute must be accompanied by
some concrete interest that is affected by the deprivation. An
injury must also be particularized, which the Supreme Court has
defined to mean it must affect the plaintiff in a personal and
individual way.
Rule 12(b)(6) authorizes the Court to dismiss a claim that is not
plausibly alleged. To survive a 12(b)(6) motion, a complaint must
allege enough facts to state a claim to relief that is plausible on
its face. A claim is plausible when it allows the Court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged, which requires more than a sheer possibility
that defendant has acted unlawfully.
Savoya sought to dismiss all of Plaintiffs' state law claims,
raising two principal reasons. First, Savoya argued that Plaintiffs
lack standing to bring their recordkeeping claims under New York
law, or the claims are otherwise implausible. Second, Savoya argued
that Plaintiffs' remaining state law claims are preempted by the
FLSA. Although the Court disagreed with Savoya that Plaintiffs lack
standing and that the FLSA preempts New York state law, the Court
declined to exercise supplemental jurisdiction and dismissed
Plaintiffs' state law claims without prejudice.
Under the New York Law, employers must provide each employee a
notice of their rate of pay and a wage statement listing specific
information with each paycheck. Section 195 of the New York Labor
Law requires an employer provide a statement detailing the
calculation of regular and overtime pay for that pay period, along
with information on deductions and minimum wage allowances.
Additionally, New York Labor Law provides for statutory damages of
up to $10,000 for the failure to provide the required wage notices
and wage statements.
In order for a plaintiff to bring a claim under a statutory right,
he must suffer an injury in fact due to the defendant's violation
of law. The Court disagreed that Plaintiffs fail to plead an injury
in fact. Instead, Plaintiffs expressly state that Savoya's failure
to provide them with the wage statements prevented them from
advocating for their overtime benefits prior to this suit. That is
a causal connection between the wage statements Savoya did not
provide and downstream harm.
Additionally, Savoya moved to dismiss the recordkeeping claims for
failure to state a claim under Rule 12(b)(6). The facts, as alleged
in the Amended Complaint, are sufficient to plausibly state a
claim. Plaintiffs' necessity to estimate the hours they worked for
their other claims, because Savoya did not provide the required
statements, does not render the recordkeeping claim implausible.
FLSA Preemption
Next, Savoya moved to dismiss Plaintiffs' remaining state law
claims as preempted by the FLSA. Both sides argued that Aldridge v.
Mississippi Department of Corrections controls this case, but they
read that case differently. In Aldridge, the Fifth Circuit held
that state law tort claims for conduct prohibited by the FLSA were
preempted. Here, Savoya sought dismissal of state statutory claims
that prohibit the same conduct as the FLSA. But Aldridge expressly
does not control this case. Instead, the Fifth Circuit was
abundantly clear that whether the FLSA preempts state law claims
when the state does provide for minimum wages and overtime
compensation is not before us. And they saved that issue for a
different day. Today is that day, at least for this Court.
There are three types of federal preemption: (1) express
preemption; (2) field preemption; and (3) conflict preemption. The
Fifth Circuit rejected the argument that the FLSA preempts state
law expressly or by field preemption. There are two types of
conflict preemption: impossibility and obstacles-and-purposes
preemption. Savoya's argument rests entirely on a theory of
obstacles-and-purposes conflict preemption. Obstacles-and-purposes
preemption arises when state law stands as an obstacle to the
accomplishment and execution of the full purposes and objectives of
Congress. In all these types of preemption, however, evidence of
pre-emptive purpose must be sought in the text and structure of the
federal provision at issue.
The purpose of the FLSA is to protect all covered workers from
substandard wages and oppressive working hours. And the FLSA has a
savings provision that provides: No provision of this chapter or of
any order thereunder shall excuse noncompliance with any Federal or
State law or municipal ordinance establishing a minimum wage higher
than the minimum wage established under this chapter or a maximum
work week lower than the maximum workweek established under this
chapter. Notably, Congress's inclusion of the savings provision is
evidence that Congress did not have preemptive purpose for the
FLSA.
After all, where New York law provides added protection for
workers, it does not stand as an obstacle to the accomplishment of
the FLSA's objective, namely, protecting workers from overwork and
underpayment. This is categorically different from attempting to
bypass the FLSA by asserting common law causes of action, as was
the case in Aldridge. Moreover, the majority approach around the
country rejects preemption of state statutory law that provides
additional protection for workers.
Savoya raised three other arguments regarding preemption. First,
Savoya argued that the logic of Aldridge supports preemption. But
for the reasons stated above, the Court disagreed. Second, Savoya
argued that the overlapping purposes and conceptual similarities
between the FLSA and New York Labor Law requires preemption. But
that argument misunderstands obstacles-and-purposes preemption.
Instead, the FLSA contemplates concurrent state regulation by
virtue of the savings provision.
Third and finally, Savoya argued that the FLSA opt-in and Rule 23
opt-out procedures are incompatible in the same action. Although
that is not a basis for preemption, the Court is inclined to
decline supplemental jurisdiction on this basis. Where a district
court has original jurisdiction over a civil action, it also has
supplemental jurisdiction over all other claims that are so related
to claims in the action within such original jurisdiction that they
form part of the same case or controversy under Article III of the
United States Constitution. However, even where a district court
has supplemental jurisdiction, it may decline to exercise
supplemental jurisdiction in exceptional circumstances if there are
other compelling reasons for declining jurisdiction. Further,
supplemental jurisdiction is a doctrine of discretion, not of
plaintiff's right.
Here, FLSA opt-in and Rule 23 opt-out procedures are an exceptional
circumstance to decline jurisdiction. Further, it is likely that
the state law claims may predominate over the FLSA claim by the
mere fact that a Rule 23 class action utilizes an opt-out procedure
instead of opting in, like the FLSA. The resolution of this motion
to dismiss—and motion to strike—are further evidence of the
predomination of the state law claims. Accordingly, the Court
declined to exercise jurisdiction.
Conclusion
Accordingly, the Court granted in part Savoya's Motion to Dismiss
and the Court found as moot Savoya's Motion to Strike having
declined to exercise jurisdiction over the state law claims in this
action. Plaintiffs' state law claims are dismissed without
prejudice.
A copy of the court's decision is available at
https://urlcurt.com/u?l=LTgdAm from PacerMonitor.com
SAZERAC COMPANY: Bid to Stay Del Rosario Class Suit Tossed
----------------------------------------------------------
In the class action lawsuit captioned as Del Rosario v. Sazerac
Company, Inc., Case No. 1:23-cv-01060-AS (S.D.N.Y.), the Hon. Judge
Arun Subramanian entered an order adopting the proposed briefing
scheduled and denying Sazerac's motion to stay the case pending the
Second Circuit's decision on its Rule 23(f) petition.
The Court has considered the factors articulated in Nken v. Holder,
556 U.S. 418 (2009) and finds that a stay is unwarranted. On the
first factor, "Defendant has not demonstrated a sufficient
probability that the Court's previous order of class certification
was made in error."
Sazerac is a privately held American alcoholic beverage company.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=edsNDW at no extra
charge.[CC]
SELLAN STRUCTURAL: Parties in Conejo Suit Seek Settlement Talk
--------------------------------------------------------------
In the class action lawsuit captioned as CONEJO et al., v. SELLAN
STRUCTURAL ERECTORS, LLC et al., Case No. 1:23-cv-02930-SKC-STV (D.
Colo.), the Parties ask the Court to enter an order granting their
joint motion to allow the Parties to engage in settlement
discussions, and extending the deadline for the Defendants to file
their response to the Rule 23 Class Certification to Oct. 6, 2025.
The Parties acknowledge the Court's directive that "no further
extensions would be granted," however, the Parties jointly seek the
Court's indulgence once more since good cause exists to extend the
Defendants' deadline to respond to the Rule 23 Motion.
On Aug. 11, 2025, the Plaintiffs filed their Rule 23 motion.
On Sept. 8, 2025, the Defendants filed a motion to dismiss the
Plaintiffs' Rule 23 class action.
Sellan provides on-site steel erection services for construction
projects.
A copy of the Parties' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pugFJk at no extra
charge.[CC]
The Plaintiffs are represented by:
Penn A. Dodson, Esq.
ANDERSON DODSON, P.C.
14143 Denver West Pkwy.
Suite 100-50
Golden, CO 80401
Telephone: (212) 961-7639
E-mail: penn@andersondodson.com
The Defendants are represented by:
Stacey A. Campbell, Esq.
Bayan Biazar, Esq.
CAMPBELL LITIGATION, P.C.
1410 N. High Street
Denver, CO 80218
Telephone: (303) 536-1833
E-mail: stacey@campbell-litigation.com
bayan@campbell-litigation.com
SEMRUSH HOLDINGS: Breaches Fiduciary Duties, Mody Suit Says
-----------------------------------------------------------
CHIRAG MODY, Plaintiff v. STEVEN ALDRICH, ANNA BAIRD, TRYNKA
SHINEMAN BLAKE, DMITRY MELNIKOV, DYLAN PEARCE, OLEG SHCHEGOLEV,
CAROLINE TSAY, MARK VRANESH, and WILLIAM WAGNER, Defendants, and
SEMRUSH HOLDINGS, INC., Nominal Defendant, Case No. 2025-1147 (D.
Del., Oct. 7, 2025) is a class action alleging that
Shchegolev—Semrush's co-founder, largest stockholder, and longest
tenured director, exerted his influence over the Company's Board to
secure authorization of a $150 million share repurchase program
(the Repurchase Program) that will use corporate funds to ensure
that Shchegolev regains for the majority voting power he
voluntarily relinquished without spending a penny of his own
capital.
According to the complaint, the Defendants breached their fiduciary
duties by approving the Repurchase Program without any safeguards,
thereby allowing Shchegolev to imminently gain control of the
Company without any cost to Shchegolev, without paying a control
premium, and at expense and to the significant detriment of the
Company's public stockholders. Indeed, the Defendants breaches have
sanctioned a change of control without even attempting to maximize
stockholder value.
In 2008, Shchegolev formed Semrush alongside childhood friend and
fellow Board member Melnikov. In the ensuing years, Semrush thrived
by capitalizing on the global shift from traditional to digital
advertising and marketing.
Along the way, Shchegolev attracted substantial outside investor
interest, but he rejected the approaches that might have curtailed
his freedom to run the Company as he saw fit. As artificial
intelligence (AI) now presents another growth opportunity,
Shchegolev recently transitioned from Chief Executive Officer to
Chief Technology Officer, a move that allowed Shchegolev to help
pick his successor while remaining central to the Company's future.
As recently as late 2024, Shchegolev held a majority of Semrush's
voting power based on his ownership of a significant amount of
high-vote Class B shares. Coinciding with his planned transition to
CTO, Shchegolev down-converted to one-vote-per-share Class A stock
and sold a substantial number of shares, reaping more than $30
million over multiple sales.
But given the Company's tremendous upside, Shchegolev sought to
ensure that he would retain his outsized influence, and regain a
controlling position, in the Company. Shchegolev thereafter used
his influence to cause the Board, through a committee consisting of
unspecified directors, to authorize the Repurchase Program.
On Aug. 4, 2025, Semrush announced that the Board authorized the
Repurchase Program, permitting the repurchase of up to $150 million
in shares of Class A common stock. The Repurchase Program will be
administered by Semrush's Shchegolev-selected management and has no
expiration date.
Based on recent trading prices, Shchegolev is likely to regain
outright voting control over Semrush. And unlike what other
companies' boards have done when approving stock repurchase plans
which have the potential to install a majority stockholder,
Semrush's Board did not negotiate to limit Shchegolev's power or
implement limitations on management's execution of the Repurchase
Program that would impede Shchegolev's resumption of majority
control.
Accordingly, the Repurchase Plan threatens to misuse corporate
funds to give Shchegolev control of the Company without
compensating Semrush's public, minority stockholders for a change
of control. 8. By reducing the outstanding Class A shares, the
Repurchase Plan will also delay the sunset of Semrush's Class B
shares, which will automatically convert to Class A shares
immediately upon constituting less than 10% of the Company's total
equity.
Class B shares currently account for approximately 14.1% of
Semrush's equity, down from 69.6% just a few years ago and
perilously close to the sunset trigger. Four of the Board's nine
directors -- Blake, Melnikov, Shchegolev, and Vranesh -- are
conflicted with respect to the Repurchase Program because they are
directly interested in prolonging their super-voting power.
In addition, Defendants have failed to submit the Repurchase Plan
to Semrush's minority stockholders for approval. Defendants have
further failed to disclose the membership of the committee that
approved the Repurchase Plan, or any details concerning how
management will carry out the Repurchase Plan. 10. Plaintiff seeks
immediate judicial intervention to prevent Defendants from using
Semrush's corporate treasury to facilitate Shchegolev's imminent
acquisition of control.
The Plainitff is a current Semrush stockholder and has owned such
shares at all relevant times.
Semrush is a Delaware corporation headquartered in Massachusetts.
Semrush provides an online visibility management SaaS platform that
enables businesses to run search engine optimization, advertising,
content, social media, and competitive research campaigns. The
Individual Defendants are directors and officers of the
company.[BN]
The Plaintiff is represented by:
Daniel E. Meyer, Esq.
Jeroen van Kwawegen
Christopher J. Orrico
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
E-mail: daniel.meyer@blbglaw.com
- and -
Douglas E. Julie, Esq.
W. Scott Holleman, Esq.
JULIE & HOLLEMAN LLP
157 East 86th Street, 4th Floor
New York, NY 10028
Telephone: (929) 415-1020
SIMULATIONS PLUS: Rosen Law Probes Potential Securities Claims
--------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, continues
to investigate potential securities claims on behalf of
shareholders of Simulations Plus, Inc. (NASDAQ: SLP) resulting from
allegations that Simulations Plus may have issued materially
misleading business information to the investing public.
So What: If you purchased Simulations Plus securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=42476
https://rosenlegal.com/submit-form/?case_id=42439 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On July 15, 2025, during market hours, Benzinga
published an article entitled "Simulations Plus Sees Weaker Demand
Persist, Outlook Softens." The article stated that Simulations Plus
shares had declined "following the release of [Simulations Plus']
third-quarter 2025 earnings report." The article stated that
Simulations Plus had reported sales of $20.4 million, representing
a 10% year-over-year increase, but this fell short of the consensus
estimate of $20.9 million." Further, "[t]his miss followed
preliminary third-quarter sales figures released in June, which
were already lower than expectations at $19 million to $20 million,
compared to a consensus of $22.78 million."
On this news, Simulations Plus' stock fell 25.75% on July 15,
2025.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: case@rosenlegal.com[GN]
SMILE DESIGN: Website Inaccessible to the Blind, Ford Alleges
-------------------------------------------------------------
SANDRA FORD, on behalf of herself and all others similarly
situated, Plaintiff v. Smile Design Studio of Hyde Park, LLC, Case
No. 1:25-cv-12108 (N.D. Ill., Oct. 3, 2025) alleges that the
Defendant failed to design, construct, maintain, and operate their
website, Chicagodentistry.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, in violation of the Americans with
Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services the Defendant provides to their non-disabled customers
through its website. The Defendant's denial of full and equal
access to its website, and therefore denial of its products and
services offered, and in conjunction with its physical locations,
is a violation of Plaintiff's rights under the ADA.
Accordingly, Chicagodentistry.com contains significant access
barriers that make it difficult if not impossible for blind and
visually-impaired customers to use the website. The access barriers
make it impossible for blind and visually-impaired users to even
complete a transaction on the website, says the suit.
Chicagodentistry.com provides to the public a wide array of
services, price specials and other programs offered by Smile Design
Studio of Hyde Park.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (630) 478-0856
E-mail: Dreyes@ealg.law
SNAP LOCK: Lambing Sues Over Deceptive Business Practices
---------------------------------------------------------
JEFF LAMBING, a natural person, on behalf of himself and all other
persons similarly situated v. SNAP LOCK INDUSTRIES INC. d/b/a
SNAPSPORTS COMPANY, a Utah corporation; GERFLOR USA Inc., an
Illinois corporation; and DOES 1-10, Case No. 2:25-cv-09575 (C.D.
Cal., Oct. 7, 2025) is a class action complaint for damages and
equitable relief seeking statewide or nationwide relief.
Accordingly, Gerflor and SnapSports engaged in unlawful and
fraudulent business practices by holding themselves out as
legitimate California contractors and providing services for which
a California contractor's license is required, thus violating
pertinent laws, including but not limited to California Business &
Professions Code section 7028.5.
Mr. Lambing brings this action as a class action under Federal Rule
of Civil Procedure 23 on behalf of all dealers and former dealers
of SnapSports products who have suffered damages as a result of
SnapSports' misleading, deceptive, and unfair business practices in
the State of California since October 3, 2021, to the present day.
Excluded from the Plaintiff Class are defendants and entities in
which any defendant has a controlling interest, as well as the
legal representatives, heirs, successors and assigns of any such
excluded parties.
Because SnapSports engaged in deceptive, widespread business
practices, the members of the Plaintiff Class are so numerous that
joinder of all members is impracticable. While the exact number of
Plaintiff Class members can be determined only by appropriate
discovery, Mr. Lambing believes that class members number in excess
of 20, asserts the suit.
SnapSports is a manufacturer of interlocking modular flooring used
to create athletic surfaces (e.g, basketball courts) in both
residential and commercial settings.
Gerflor is in the business of manufacturing flooring. It acquired
SnapSports in August 2023.[BN]
The Plaintiff is represented by:
Dan Lawton, Esq.
Arianna Camargo, Esq.
KLINEDINST PC
501 West Broadway, Suite 1100
San Diego, CA 92101
Telephone: (619) 400-8000
Facsimile: (619) 238-8707
SOLSTICE BENEFITS: Lyngaas's Bid to Certify Class Tossed
--------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
v. SOLSTICE BENEFITS, INC. and JOHN DOES 1-5, Case No.
2:22-cv-10830-LVP-CI (E.D. Mich.), the Hon. Judge Linda V. Parker
entered an order:
(1) denying the Plaintiff’s motion to certify class;
(2) denying without prejudice the Defendant's motion for summary
judgment;
(3) denying as moot the plaintiff's motion to stay; and
(4) denying as moot the plaintiff's and the Defendant's motions
to strike.
This is a putative class action lawsuit filed under the Telephone
Consumer Protection Act ("TCPA"). The action arises from a single,
one-page fax sent on behalf of Defendant Solstice Benefits, Inc. to
dental providers, including the Plaintiff on April 23, 2018.
The Plaintiff proposes the following Class:
"All persons and entities: (1) sent a one-page announcement to
their fax number on April 23 or April 24, 2018, stating,
"Solstice is happy to announce that The National
Association for Medical and Dental, Inc./Healthcare National
Marketing, Inc. has selected us as their carrier," "This group
has over 25,000 members," and "We look forward to continuing to
promote your practice through our growing membership base!";
(2) whose fax number was included on a provider list Solstice
obtained through a network agreement with United Concordia
Companies, Inc. or GEHA, Inc.; and (3) regarding which Solstice
has produced no evidence of contact prior to April 23, 2018."
"Evidence of contact" means (a) that one or more providers
using the fax number had a contract with Solstice before April
23, 2018, as identified on a spreadsheet bearing Bates number
SOLSTICE000206 or otherwise identified in correspondence
produced by Solstice at SOLSTICE000790-020940; or (b) that one
or more providers using the fax number submitted a claim to
Solstice for services rendered before April 23, 2018, as
identified on a spreadsheet of claims data bearing Bates number
SOLSTICE000759 or otherwise identified in correspondence
produced by Solstice at SOLSTICE000790-020940. All such persons
and entities, and their fax numbers, have been removed and are
excluded from the class.
Furthermore, the class does not include: (1) Solstice, or any
parent, subsidiary, affiliated, or controlled person, or its
attorneys, officers, directors, agents, servants, or employees,
or the immediate family members of such persons; (2) the named
counsel in this case or employees of their offices or firms; or
(3) the judges assigned to this case or any member of their
staff. The class also will exclude each member who timely and
validly requests exclusion, as directed by the Court.
The Plaintiff is a dental practice in Livonia, Michigan, owned by
Brian J. Lyngaas, D.D.S.
Solstice is a licensed insurance company which provides dental and
vision benefits to groups, employers, and individuals throughout
the United States.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vs3SNM at no extra
charge.[CC]
SOUTHERN CALIFORNIA: Fails to Pay Proper Wages, Bell Alleges
------------------------------------------------------------
CHARMAINE TRENISE BELL, individually and on behalf of all others
similarly situated, Plaintiff v. SOUTHERN CALIFORNIA CROSSROADS;
and DOES 1 through 100, Defendants, Case No. 25NWC03490 (Cal.
Super., Los Angeles Cty., Sept. 30, 2025) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Bell was employed by the Defendants as a staff.
SOUTHERN CALIFORNIA CROSSROADS provides violence prevention and
youth development programming to youth who have three or more risk
factors for criminal involvement and/or have experienced two or
more adverse childhood experiences shown to result in trauma and
compromise healthy function. [BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Daniel Ginzburg, Esq.
FRONTIER LAW CENTER
6200 Canoga Ave., Suite 470
Woodland Hills, CA 91367
Telephone: (818) 914-3433
Facsimile: (818) 914-3433
Email: manny@frontierlawcenter.com
dan@frontierlawcenter.com
eservice@frontierlawcenter.com
SPRINTFONE INC: Court OKs Discovery in "Bland"
----------------------------------------------
In the case captioned as Kelly Bland, individually and on behalf of
all others similarly situated, Plaintiff, v. Sprintfone Inc. d/b/a
Talkdaily, Defendant, Case No. 1:25-CV-00782 (N.D.N.Y.), United
States Magistrate Judge Mitchell J. Katz of the United States
District Court for the Northern District of New York granted the
Plaintiff's motion to commence discovery to obtain records
identifying putative class members.
Bland commenced this action on June 17, 2025 by filing a Class
Action Complaint seeking relief under the Telephone Consumer
Protection Act (TCPA), 47 U.S.C. Section 227, on behalf of herself
and others similarly situated. The Complaint was served on June 25,
2025. On August 26, 2025, Bland filed a request for a Clerk's entry
of default. The request was granted on August 27, 2025.
The Court entered a text order on August 29, 2025 directing Bland
to file a motion for default judgment within thirty days thereof if
she wished to pursue the same. On September 3, 2025, the Rule 16
conference and deadline for submitting a joint Civil Case
Management Plan and exchange of mandatory disclosures was adjourned
without date.
The Court noted that under Fed. R. of Civ. P. 26(d)(1), a party may
not seek discovery from any source before the parties have
conferred as required by Rule 26(f), except in a proceeding
exempted from initial disclosure under Rule 26(a)(1)(B), or when
authorized by these rules, by stipulation, or by court order. To
obtain discovery in advance of such a conference, the moving party
must satisfy a flexible standard of reasonableness and good cause.
The Court found that Bland established good cause and
reasonableness for the requested relief. The Court observed that
district courts in numerous circuits have authorized discovery
against a non-appearing defendant in support of a class
certification investigation. The Complaint appeared to sufficiently
state a claim under the TCPA, and Bland sufficiently alleged that
the Defendant's purported violation of the statute affects members
of the proposed class. Accordingly, there exists good cause for
limited discovery to identify class members and to determine
damages.
The Court ordered that Bland may utilize Fed. R. Civ. P. 45 to
conduct any post-default discovery needed to obtain information
regarding the identity of putative class members, for the ultimate
purpose of seeking class certification and/or a classwide or
individual default judgment. The Court ordered that Bland shall
complete all discovery on or before January 30, 2026.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=ZjrVqO from Pacermonitor.com
STAINEDGLASSWINDOWS.COM INC: Frost Sues Over Inaccessible Website
-----------------------------------------------------------------
CLARENCE FROST; and TAMMY FROST, individually and on behalf of all
others similarly situated, Plaintiffs v. STAINEDGLASSWINDOWS.COM,
INC., Defendant, Case 0:25-cv-03800 (D. Minn., Sept. 29, 2025)
alleges violation of the Americans with Disabilities Act.
The Plaintiffs allege in the complaint that the Defendant's Web
site, www.stainedglasswindows.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiffs seek a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Stainedglasswindows.com, Inc. specializes in custom-made stained
glass solutions, catering to residential and commercial clients
across the nation. [BN]
The Plaintiffs are represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndselaw.com
jason@throndsetlaw.com
STITCH FIX: Securities Class Suit Pending in N.D. Cal.
------------------------------------------------------
Stitch Fix Inc. Disclosed in its Form 10-K Report for the fiscal
period ending August 31, 2025 filed with the Securities and
Exchange Commission on September 25, 2025, that a securities class
suit is pending before the United States Court for the Northern
District of California.
On August 26, 2022, a class action lawsuit alleging violations of
federal securities laws was filed by certain of the Company's
stockholders in the U.S. District Court for the Northern District
of California, naming the Company as defendants and certain of its
officers and directors (the "Securities Class Action").
An amended complaint was filed on August 15, 2023. The lawsuit
alleges violations of the Securities Exchange Act of 1934, as
amended, by the Company and its officers for allegedly making
materially false and misleading statements regarding its Freestyle
offering between June 2020 and June 2022.
The plaintiffs seek unspecified monetary damages and other relief.
The Company filed a motion to dismiss on November 1, 2023. A
hearing on the motion to dismiss was held on April 18, 2024, and
the motion to dismiss was granted on July 16, 2024, with leave to
amend. The plaintiffs filed a second amended complaint on September
13, 2024.
The Company filed a motion to dismiss the second amended complaint
on November 8, 2024. A hearing on the motion to dismiss the second
amended complaint was held on March 27, 2025, and the motion to
dismiss was granted in part and denied in part on July 9, 2025. The
lawsuit remains pending.
Stitch Fix is an online personal styling service in the United
States and United Kingdom that uses recommendation algorithms and
data science to personalize clothing items based on size, budget
and style.
SYNGENTA CROP: Faces Dehaven Suit Over Defective Paraquat Products
------------------------------------------------------------------
ROBERT DEHAVEN, et al. v. SYNGENTA CROP PROTECTION LLC, CHEVRON
U.S.A., INC., Case No. N25C-10-045 PQT (Del. Super. Ct., Oct. 3,
2025) is an action for damages suffered by the Plaintiffs as a
direct and proximate result of the Defendants' negligent and
wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing, advertising,
distribution, labeling, and/or sale of products containing the
herbicide Paraquat, which causes the Parkinson's disease in humans.
The Plaintiffs maintain that Defendants' Paraquat products are
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use. The
Plaintiffs' injuries, like those striking thousands of similarly
situated victims across the country, were avoidable, asserts the
suit.
The Plaintiffs used and/or were exposed to Paraquat products
designed, manufactured, and/or distributed by Syngenta and, as a
result of that use and/or exposure, developed Parkinson's disease,
Parkinsonism, and/or Parkinson's symptoms or precursor conditions.
The Plaintiffs include CLINTON RASMUSSEN, DOUGLAS BREWER SR.,
MICHAEL PERKINS, STEPHEN SMITH, STEVE PATTERSON, DON SARGENT,
JOSEPH HARMS, DONALD ASHBY, RUSS DAMOUDE, STEVEN SIMPSON, MICHEAL
WEST, DARYL WIETZEMA, BILLY HOBBY, LEVI TYRE, MARCIA PRUSSA, MARIA
HOLLAND, ROBERT HENDRICKSON, KEVIN HELGESON, CHUCK YEAMAN JR.,
CHARLES CARTER, JERRY SANDERLIN, TAMMY HOWINGTON, LARRY GEIB, TOM
NORDEEN, BRIAN LEE, CHRISTOPHER LOGAN, RICHARD TINGELHOFF, JEFFREY
LOVKVIST, DAVID KRUER, SHERI STORER, JEFFERY DOZHIER, MARCIA
HUGHES, MERTON HAILEY JR., DELBERT FORREST, WENDY BOLLING, SUE
LYON, SAMUEL O'BRYAN, JAMES MOORE, BILLY JEAN WALTERS, CURTIS
PRITCHARD, WILLIAM PLOTNER, JOHN MANIEKEE, LORRAINE KESSLER, ALVIN
MEHRING, JONATHAN ANDREWS, ROGER SCOFIELD, DONALD HAIRSTON, MARTHA
HEINZ, and JOHN COURTWAY.
The Defendant is a science-based agriculture company.[BN]
The Plaintiffs are represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Telephone: (302) 655-4600
E-mail: raeann@cpwwlaw.com
- and -
Aimee H. Wagstaff, Esq.
WAGSTAFF LAW FIRM
940 N. Lincoln Street Denver, CO 80203
Telephone: (303) 376-6360
Facsimile: (888) 875-2889
E-mail: Awagstaff@wagstafflawfirm.com
SYNGENTA CROP: Faces Roller Suit Over Defective Paraquat Products
-----------------------------------------------------------------
ORVAL ROLLER, et al. v. SYNGENTA CROP PROTECTION LLC, CHEVRON
U.S.A., INC., Case No. N25C-10-046 PQT (Del. Super., Oct. 3, 2025)
is an action for damages suffered by the Plaintiffs as a direct and
proximate result of the Defendants' negligent and wrongful conduct
in connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of products containing the herbicide
Paraquat, which causes the Parkinson's disease in humans.
The Plaintiffs maintain that Defendants' Paraquat products are
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use. The
Plaintiffs' injuries, like those striking thousands of similarly
situated victims across the country, were avoidable, asserts the
suit.
The Plaintiffs used and/or were exposed to Paraquat products
designed, manufactured, and/or distributed by Syngenta and, as a
result of that use and/or exposure, developed Parkinson's disease,
Parkinsonism, and/or Parkinson's symptoms or precursor conditions.
The Plaintiffs include BURRELL HENDLEY JR., CECELIA FREDRIKSEN,
RICKY SIEVERS, JAMES WALLACE, ROMEL COLLINS, TRACY PIERCE, STUART
STEWART, JARED FOSTER, PAUL BINKLEY, JOSE MEJIA-MORALES, DONALD
WESTMAN, LINDA FERNS, ANTHONY WESLEY, JOHN JACKSON, ALFRED BLOCK,
PAUL PLUMMER, SANDRA SERVIN, HAROLD PYNE, NATARSHA LYONS, MARY
SIMMONS, JOSEPH TILLMAN, ALBERT WITT, RALPH MATTHEWS, BRYAN SHINE,
HARITH GOODWIN, PAMALA JACKSON, JERROD PATTON, TRAVIS BROWN, AVORY
SHEARER, ANDREW SMITH, KENYON DOBBINS, TELVIN TURNER, CAROL SUE
JACKSON, DANNY ROSSON, RAUL MARTINEZ, DERRICK BROOKENS, DWIGHT
EVANS, TONY ROGERS, ANDREW DODD, TYRESE WILLIAMS, ONYANGO HEARD,
CARLOS CROOKS JR., ANDRE PORTER, GARY PROCTOR, WALTER HERMANOWSKI,
RUTHIE OWENS, ANDRE FOUNTAIN, GREGORY PETERSON, CHAZ VARNER, RONALD
JONES, DESMOND JONES, DASHAYANA EDIRIWEERA, NANCY WEVER, BILLY
JONES, TERRENCE SCOTT, TYRONE WINSLOW, DARSHAY LADD, DEVI PARKS,
VINCENT VIRGILI, TYWON STEWART, XAVIER HAWTHORN, KURTIS NEVILLES,
DANA JETT - RAND, and ARAMIS SPRINGER.
The Defendant is a science-based agriculture company.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Telephone: 302-655-4600
E-mail: raeann@cpwwlaw.com
- and -
Aimee H. Wagstaff, Esq.
WAGSTAFF LAW FIRM
940 N. Lincoln Street Denver, CO 80203
Telephone: (303) 376-6360
Facsimile: (888) 875-2889
E-mail: Awagstaff@wagstafflawfirm.com
SYNGENTA CROP: Lorton Sues Over Defective Paraquat Products
-----------------------------------------------------------
SONYA LORTON, et al. v. SYNGENTA CROP PROTECTION LLC, CHEVRON
U.S.A., INC., Case No. N25C-10-043 PQT (Del. Super. Ct., Oct. 3,
2025) is an action for damages suffered by the Plaintiffs as a
direct and proximate result of the Defendants' negligent and
wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing, advertising,
distribution, labeling, and/or sale of products containing the
herbicide Paraquat, which causes the Parkinson's disease in humans.
The Plaintiffs maintain that Defendants' Paraquat products are
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce and lacked proper warnings and
directions as to the dangers associated with its use. The
Plaintiffs' injuries, like those striking thousands of similarly
situated victims across the country, were avoidable, asserts the
suit.
The Plaintiffs used and/or were exposed to Paraquat products
designed, manufactured, and/or distributed by Syngenta and, as a
result of that use and/or exposure, developed Parkinson's disease,
Parkinsonism, and/or Parkinson's symptoms or precursor conditions.
The Plaintiffs include CHARLES DOVE, CYNTHIA MILLS, CAROL
BRIDEGROOM, DALE ROBINSON II, WILLIAM BROWN, JAMES DOUGLAS JOHNSON,
CATHRYN BRUCE, DELFORD OMDAL, ROBERT HIRLEMAN, MICHAEL TYRA, EDWARD
EVERITT, JANICE MCCLEARY, WAYNE TUCKER, STEVEN GREENFELD, MICHAEL
SHEPHERD, ROGER ROUSH, DOLOIS TAYLOR, ROBERT VAUGHN, HERMAN PARKS,
JAMES HADEN, ANTHONY RICHARDSON, LINDA OXENDINE, KIM SEILER, ROBERT
SCHLEMMER, THOMAS PETRUCELLI, ANTHONY MARCHESE, KEVIN GETTY, RHONDA
BAGBY, ANTHONY HUDSON, KIRK GILDNER, JOHN GREENE, BOBBY DENNING,
LARRY GILL JR., ANTWAN CHASE, JEFFREY YOLEVICH, JANICE IRWIN,
SUZANNE NICHOLS, GERALD RIPPEN, ROBERT MATNEY, PATSY WRIGHT,
ULYSSES WELCH, RANDOLPH ROTEN, RAYMOND MILLER SR., STEPHEN
CRUIKSHANK, KAREN JONES, JOHN LEWIS, RANDY COLLINS, SHAWN WALKER,
DWAYNE ROSE, TERRY HORN, KIMBERLY HODGES, WILLIAM AYERS JR., JOSEPH
KATZ, and DAVID TANNER.
The Defendant is a science-based agriculture company.[BN]
The Plaintiffs are represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Telephone: (302) 655-4600
E-mail: raeann@cpwwlaw.com
- and -
Aimee H. Wagstaff, Esq.
WAGSTAFF LAW FIRM
940 N. Lincoln Street Denver, CO 80203
Telephone: (303) 376-6360
Facsimile: (888) 875-2889
E-mail: Awagstaff@wagstafflawfirm.com
T.R.A. INDUSTRIES: Fails to Secure Personal Info, Post Says
-----------------------------------------------------------
JACK POST, on behalf of himself and all others similarly situated,
Plaintiff v. T.R.A. INDUSTRIES, INC. D/B/A HUNTWOOD INDUSTRIES,
Case No. 2:25-cv-00397 (E.D. Wash., Oct. 3, 2025) arises from the
Defendant's failure to protect highly sensitive data.
According to the complaint, the Defendant stores a litany of highly
sensitive personal identifiable information (PII) about its current
and former employees and customers. But Defendant lost control over
that data when cybercriminals infiltrated its insufficiently
protected computer systems in a data breach.
The cybercriminals were able to breach Defendant's systems because
Defendant failed to adequately train their employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class' PII. In short, Defendant's
failures placed the Class's PII in a vulnerable
position—rendering them easy targets for cybercriminals, asserts
the suit.
The Plaintiff is a Data Breach victim, being a former employee of
Defendant. He brings this class action on behalf of himself, and
all others harmed by Defendant's misconduct.
Huntwood is a custom cabinet manufacturer in the Western United
States.[BN]
The Plaintiff is represented by:
Jason T. Dennett, Esq.
Kaleigh N. Boyd, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 5th Ave, Ste 1700
Seattle, WA 98101
E-mail: jdennett@tousley.com
kboyd@tousley.com
TAKEDA PHARMA: Court Adopts CVS' Initial Class Definition
---------------------------------------------------------
In the class action lawsuit captioned as CVS Pharmacy, Inc. v.
Takeda Pharmaceutical Company Limited et al., (RE AMITIZA ANTITRUST
LITIGATION), Case No. 1:24-cv-10223 (D. Mass.), the Hon. Judge
Myong J. Joun entered an order
-- granting in part and denying in part the Direct Purchaser
Plaintiffs' motion; and
-- granting the Defendants' motion to strike the Plaintiffs'
amended class definition.
The Court adopted the Plaintiffs' initial class definition and
exclude from the class Meijer and the thirteen AG-only purchasers
who purchased directly from DRL and Sun.
The Court further entered an order that:
-- KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc. is
appointed as Class Representative for the DPPs;
-- Hagens Berman Sobol Shapiro is appointed as Lead Class
Counsel\
for the DPPs; and
-- The DPP class shall be comprised of:
"All persons and entities in the United States and its
territories that directly purchased brand Amitiza and/or
generic Amitiza in any form from Takeda or any generic Amitiza
manufacturer other than Par, or their subsidiaries or
affiliates, from the beginning of the period of delayed generic
entry until January 2023."
The Plaintiffs bring this antitrust class action against the
Defendants for violations of Section 1 of the Sherman Act.
Takeda is a Japanese multinational pharmaceutical company.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=p0delg at no extra
charge.[CC]
TIKTOK INC: Robinson Files Fraud Class Suit in C.D. Calif.
----------------------------------------------------------
A class action lawsuit has been filed against TikTok Inc. et al.
The case is captioned as Karin Robinson, on behalf of D.K. and
G.K., et al., and on behalf of all others similarly situated v.
TikTok Inc. et al., Case No. 2:25-cv-08813-AB-SSC (C.D. Cal.,
September 16, 2025).
The case is brought over alleged fraud-related claims.
The suit is assigned to Judge Andre Birotte Jr.
TikTok Inc. is a U.S.-incorporated company that operates the
popular short-form video social media platform TikTok.[BN]
The Plaintiffs are represented by:
Kelly Christina Weil, Esq.
COTCHETT PITRE AND MCCARTHY LLP
2716 Ocean Park Boulevard Suite 3088
Santa Monica, CA 90405
Telephone: (310) 392-2008
Facsimile: (310) 392-0111
E-mail: kweil@cpmlegal.com
U.S. SILVER: Faces Otto Suit Over Failure to Pay Proper Wages
-------------------------------------------------------------
PIERCE OTTO, individually and for others similarly situated,
Plaintiff v. U.S. SILVER - IDAHO, INC., Defendant, Case No.
2:25-cv-00550-REP (D. Idaho., September 24, 2025) is a class and
collective action against the Defendant to recover unpaid wages and
other damages pursuant to the Fair Labor Standards Act and the
Idaho Wage Claim Act.
According to the complaint, U.S. Silver's pre/post shift off the
clock policy and straight time for overtime pay scheme violate the
FLSA and IWCA by depriving Plaintiff and the other hourly employees
of wages, including premium overtime wages, for all hours worked.
Plaintiff Otto has worked for U.S. Silver as a maintenance mechanic
at U.S. Silver's underground Galena Complex since approximately
September 2019.
U.S. Silver is a Delaware corporation and maintains its principal
place of business in Wallace, Idaho.[BN]
The Plaintiff is represented by:
Erika Birch, Esq.
BIRCH HALLAM HARSTAD & JOHNSON, LLC
1516 West Hays Street
Boise, ID 83702
Telephone: (208) 336-1788
Facsimile: (208) 287-3708
E-mail: erika@idahojobjustice.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
UMATILLA, FL: Faces Liggett Suit Over Unpaid OT, Retaliation
------------------------------------------------------------
LANCE LIGGETT, an individual, and on behalf of himself and all
other similarly situated individuals, Plaintiff v. THE CITY OF
UMATILLA, FLORIDA, a Florida municipal corporation, Defendant, Case
No. 5:25-cv-00594 (M.D. Fla., September 24, 2025) is an action for
unpaid overtime compensation, unlawful retaliation, unpaid wages,
liquidated damages, and other relief under the Fair Labor Standards
Act and Florida common law.
According to the complaint, the Defendant maintained a policy
across its operations whereby it required all of its firefighters
to work in excess of 106-hours in each 14-day work period without
proper overtime compensation. As a result, the Plaintiff was
required to work an average of 40-hours of overtime each work
period for which he was not compensated at the overtime rate of
$28.13 per hour, resulting in a loss of approximately $1,125.20
each work period.
The Plaintiff began his employment with the Defendant in or about
January 2025, and was employed as a firefighter.
Umatilla is a city in Lake County, Florida.[BN]
The Plaintiff is represented by:
Benjamin H. Yormak, Esq.
YORMAK EMPLOYMENT & DISABILITY LAW
27200 Riverview Center Blvd., Suite 109
Bonita Springs, FL 34134
Telephone: (239) 985-9691
Facsimile: (239) 288-2534
E-mail: byormak@yormaklaw.com
UNICOIN INC: Continues to Defend Finch Class Suit in New York
-------------------------------------------------------------
Unicoin Inc. disclosed in its Form 8-K Report for filed with the
Securities and Exchange Commission on September 25, 2025, that the
Company continues to defend itself from the Finch class suit in the
United States District Court for the Southern District of New
York.
On September 24, 2025, a putative class action complaint was filed
in the United States District Court for the Southern District of
New York against Unicoin Inc. (the "Company") and certain current
and former officers, captioned Finch, et al. v. Unicoin Inc., et
al., Case No. 1:25-cv-07939.
The complaint alleges, among other things, violations of New York
General Business Law 349 and 350, as well as related claims, in
connection with the Company's marketing of Unicoin Rights
Certificates. To the Company's knowledge, neither the Company nor
any of the individual defendants have yet been served with the
complaint.
The Company believes the claims are without merit and intends to
defend the matter vigorously.
Unicoin Inc. is a technology company operating in the digital
assets and crypto-currency markets. The Company seeks to minimize
volatility and improve transparency and compliance for investors.
Unicoin Inc. offers its product globally. [BN]
UNITED COAL: Fails to Pay Proper Wages, Tester Alleges
------------------------------------------------------
JIMMY TESTER, individually and on behalf of all others similarly
situated, Plaintiff v. UNITED COAL COMPANY LLC; WELLMORE COAL
COMPANY, LLC; and WELLMORE ENERGY COMPANY, LLC, Defendants, Case
No. 1:25-cv-00060-JPJ-PMS (W.D. Va., Sept. 29, 2025) seeks to
recover from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Tester was employed by the Defendants as a mine worker.
United Coal Company LLC provides mineral products. The Company
produces and processes coal. [BN]
The Plaintiff is represented by:
Alexis I. Tahinci, Esq.
TAHINCI LAW FIRM PLLC
105 Ford Avenue, Suite 3
Kingsport, TN 37663
Telephone: (423) 406-1151
Email: alexis@tahincilaw.com
- and -
Mark N. Foster, Esq.
LAW OFFICE OF MARK N. FOSTER, PLLC
P.O. Box 869
Madisonville, KY 42431
Telephone: (270) 213-1303
Email: Mfoster@MarkNFoster.com
- and -
John R. Kleinschmidt, III, Esq.
THE LAW OFFICE OF JOHN R. KLEINSCHMIDT III, PLLC
P.O. Box 1746
Lexington, KY 40588
Telephone: (859) 866-3097
Email: John@EmploymentLawKY.com
UNITED EQUITY: Ball Sues Over Deceptive Foreclosure Practices
-------------------------------------------------------------
CALEB BALL; and JACQUELINE BALL, individually and on behalf of all
others similarly situated, Plaintiff v. KATHY L. HOUSTON, ESQ.;
AMANDA L. LUNDERGAN, ESQ.; MICHAEL S. SPOLIANSKY, ESQ.; MATTHEW
DANIEL WOLF, ESQ.; JOHN DOES 1-10 ATTORNEYS OR PARAPROFESSIONAL;
UNITED EQUITY ADVISORS, LLC; PALM BEACH REO INVESTORS JV; 30905 SW
194 AVE LLC; 4871 LAND TRUST LLC; 7042 NW 66 TERRACE LLC;4940
CHERRY LLC AS TRUSTEE OF THE 4940 CHERRY LAND TRUST DATED NOVEMBER
3, 2022; 7910 SW 12 ST., LLC; 8571 NW 26 ST. LLC; MORTGAGE LAWYERS,
P.A., ESQUIRE SUPPORT, Defendants, Case No. 1:25-cv-24418-XXXX
(S.D. Fla., Sept. 25, 2025) alleges violations of the Racketeer
Influenced and Corrupt Organizations Act and the Florida Deceptive
and Unfair Trade Practices Act.
According to the Plaintiffs in the complaint, the Defendants are
engaged in the operations of a foreclosure attorneys kinetic
enterprise (referred to as "FAKE") that fabricated, filed, and
prosecuted fraudulent mortgage foreclosures across Florida's
judicial system.
Armed with fabricated mortgages, FAKE manipulated the foreclosure
process and expedited the online judicial auctions so they could
sell fully encumbered, underwater properties to an unsuspecting
public through the use of interstate mail and wire. The Defendants'
skullduggery emotionally and financially harmed the Plaintiffs and
any others similarly situated, alleges the suit.
United Equity Advisors, LLC provides investment advisory services.
The Company offers investment advice, portfolio management,
securities, and other financial services. [BN]
The Plaintiffs are represented by:
Gary M. Murphree, Esq.
AM LAW PLLC
10743 SW 104th Street
Miami, Florida 33176
Telephone: (305) 441-9530
E-mail: gmm@amlaw-miami.com
UNITED STATES: Faces Chicago Suit Over First Amendment Rights
-------------------------------------------------------------
CHICAGO HEADLINE CLUB, BLOCK CLUB CHICAGO, CHICAGO NEWSPAPER GUILD
LOCAL 34071, NABET-CWA LOCAL 54041, ILLINOIS PRESS ASSOCIATION,
RAVEN GEARY, CHARLES THRUSH, STEPHEN HELD, DAVID BLACK, WILLIAM
PAULSON, AUTUMN REIDY-HAMER, and LEIGH KUNKEL, on behalf of
themselves and others similarly situated v. KRISTI NOEM, Secretary,
U.S. Department of Homeland Security (DHS), et al., Case No.
1:25-cv-12173 (N.D. Ill., Oct. 6, 2025) concerns the right of the
demonstrator Plaintiffs to exercise their First Amendment rights to
peacefully protest and to exercise their religion in the area
around the ICE facility in Broadview, Illinois, and in other places
where demonstrators are opposing the Administration's federal
incursion into the Chicagoland area as well as concerns the rights
of the journalist Plaintiffs to observe, record, and report on the
federal agents' activities and the public's demonstrations against
them.
The Plaintiffs endeavor to protect their basic constitutional
rights to express their views opposing the lawlessness unleashed on
the Chicagoland area, and to safely report on that public outcry,
without fear of again being shot, gassed, and beaten by federal
agents. Accordingly, the federal government has sent federal forces
to cities across the United States in order to prevent the press,
elected officials, religious leaders, and civilians engaged in
peaceful protest from exercising their First Amendment rights.
All over the country, federal agents have shot, gassed, and
detained individuals engaged in cherished and protected activities.
Never in modern times has the federal government undermined bedrock
constitutional protections on this scale or usurped states' police
power by directing federal agents to carry out an illegal mission
against the people for the government's own benefit, asserts the
suit.
Following the announcement of "Operation Midway Blitz" in early
September 2025, the Trump Administration has ramped up immigration
enforcement operations and deployed federal officers to Broadview
and other Chicagoland area locations. Civilians, elected officials,
and religious leaders in the community have continually gathered
outside of the Broadview ICE facility to make their voices heard in
opposition to the federal government's policies and actions. The
demonstrations have been staged daily for 30 days as of the filing
of this complaint and are ongoing. The vast majority of protesters
are animated but peaceful. The people of faith gather in prayer.
Collectively, they express their views with chants, prayer, and
uplifted voices.
Local and national press have continuously covered the federal law
enforcement deployment to Chicago and the Broadview ICE facility in
particular, sending reporters to the scene. They have written
countless news articles, keeping the public informed and
facilitating public debate in furtherance of the bedrock American
democratic principle that the government is accountable to its
people. Federal agents have responded with a pattern of extreme
brutality in a concerted and ongoing effort to silence the press
and civilians. Dressed in full combat gear, often masked, carrying
weapons, bearing flash grenades and tear gas canisters, and
marching in formation, federal agents have repeatedly advanced upon
those present at the scene who posed no imminent threat to law
enforcement. Snipers with guns loaded with pepper balls,
paintballs, and rubber bullets are stationed on the roof of the
Broadview ICE facility with their weapons trained on the press and
civilians, the suit contends.
The Defendants include TODD LYONS, Acting Director, U.S.
Immigration and Customs Enforcement (ICE); MARCOS CHARLES, Acting
Executive Associate Director, Enforcement and Removal Operations,
ICE; RUSSELL HOTT, Chicago Field Office Director, ICE; RODNEY S.
SCOTT, Commissioner, U.S. Customs and Border Protection (CBP);
GREGORY BOVINO, Chief Border Patrol Agent, CBP; DANIEL DRISCOLL,
Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF); WILLIAM K. MARSHALL III, Director of the Federal Bureau of
Prisons (BOP); PAMELA BONDI, Attorney General of the United States;
U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. DEPARTMENT OF JUSTICE;
UNIDENTIFIED FEDERAL OFFICER DEFENDANTS; UNIDENTIFIED FEDERAL
AGENCY DEFENDANTS; and DONALD J. TRUMP, President of the United
States.
Kristi Noem is an American politician serving since 2025 as the 8th
United States secretary of homeland security.[BN]
The Plaintiffs are represented by:
Jon Loevy, Esq.
Locke Bowman, Esq.
Steve Art, Esq.
Heather Lewis Donnell, Esq.
Theresa Kleinhaus, Esq.
Matt Topic, Esq.
Lindsay Hagy, Esq.
Jordan Poole, Esq.
Dominique Gilbert, Esq.
Justin Hill, Esq.
Aaron Tucek, Esq.
Alexandra Wolfson, Esq.
Elizabeth Wang, Esq.
Isaac Green, Esq.
LOEVY + LOEVY
311 N. Aberdeen Street
Chicago, IL 60647
Telephone: (312) 243-5900
E-mail: steve@loevy.com
- and -
David B. Owens, Esq.
CIVIL RIGHTS AND JUSTICE CLINIC
UNIVERSITY OF WASHINGTON LAW SCHOOL
William H. Gates Hall, Suite 265
Seattle, WA 98145-1110
- and -
Wallace Hilke, Esq.
COMMUNITY JUSTICE AND CIVIL
RIGHTS CLINIC
Bluhm Legal Clinic, Northwestern Pritzker
School of Law
375 E. Chicago Ave.
Chicago, IL 60611
Telephone: (312) 503-2224
E-mail: wally.hilke@law.northwestern.edu
- and -
Craig B. Futterman, Esq.
MANDEL LEGAL AID CLINIC
University of Chicago Law School
6020 S. University
Chicago, IL 60637
Telephone: (773) 702-9611
E-mail: futterman@uchicago.edu
- and -
Hayden Johnson, Esq.
Katie Schwartzmann, Esq.
Conor Gaffney, Esq.
PROTECT DEMOCRACY PROJECT
2020 Pennsylvania Ave NW, Ste 601
Washington DC 20006
Telephone: (202) 579-4582
E-mail: hayden.johnson@protectdemocracy.org
katie.schwartzmann@protectdemocracy.org
conor.gaffney@protectdemocracy.org
- and -
Daniel Massoglia, Esq.
Hannah C. Marion, Esq.
FIRST DEFENSE LEGAL AID
601 S. California Ave.
Chicago, IL 60612
Telephone: (336) 575-6968
E-mail: daniel@first-defense.org
hannah@first-defense.org
- and -
Kevin M. Fee, Jr., Esq.
Rebecca Glenberg, Esq.
ROGER BALDWIN FOUNDATION OF
ACLU, INC.
150 N. Michigan, Suite 600
Chicago, IL 60601
Telephone: (312) 201-9740
E-mail: kfee@aclu-il.org
rglenberg@aclu-il.org
UNITEDHEALTH GROUP: Parties Seek Sealing Order of Class Documents
-----------------------------------------------------------------
In the class action lawsuit captioned as TAMBURRINO, M.D. et al v.
UNITEDHEALTH GROUP INC. et al., Case No. 2:21-cv-12766-SDW-LDW
(D.N.J.), the Parties, on Oct. 20, 2025, shall jointly move the
Court for an Order sealing the unredacted versions of certain
documents filed in connection with the Plaintiff's motion for class
certification, the Defendants Opposition thereto, and the
Plaintiff's reply.
These documents have been designated as "Confidential" and/or
"Attorneys' Eyes Only" under to the Discovery Confidentiality and
Protective Order.
United is a health insurance company.
A copy of the Parties' motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=z6rPbC at no extra
charge.[CC]
The Plaintiffs are represented by:
Natalie Lesser, Esq.
Amey J. Park, Esq.
Julie S. Selesnick, Esq.
Zoe Seaman-Grant, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: nlesser@bm.net
apark@bm.net
jselesnick@bm.net
zseamangrant@bm.net
- and -
Leslie S. Howard, Esq.
Michael F. Fried, Esq.
COHEN HOWARD, LLP
766 Shrewsbury Avenue, Suite 200
Tinton Falls, NJ 07724
Telephone: (732) 747-5202
Facsimile: (732) 747-5259
E-mail: lhoward@cohenhoward.com
mfried@cohenhoward.com
The Defendants are represented by:
Stephanie L. Silvano, Esq.
Seton Hartnett O'brien, Esq.
Geoffrey Sigler, Esq.
Heather L. Richardson, Esq.
Jennafer M. Tryck, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, NY 10166-0193
Telephone: (212) 351-4000
Facsimile: (212) 351-4035
E-mail: ssilvano@gibsondunn.com
sobrien@gibsondunn.com
gsigler@gibsondunn.com
hrichardson@gibsondunn.com
jtryck@gibsondunn.com
UNIVERSITY RETIREMENT: Cisco Files Labor Class Suit in Cal. Super.
------------------------------------------------------------------
A class action lawsuit has been filed against University Retirement
Community at Davis, Inc. The case is captioned as Domika A. Cisco,
individually, and on behalf of all others similarly situated,
Plaintiff v. University Retirement Community at Davis, Inc.,
Defendant, Case No. VCU326118 (Cal. Super., September 16, 2025).
The suit is brought over alleged employment law violation.
A case management conference is set for January 21, 2026.
University Retirement Community at Davis, Inc. is a retirement
community in Davis, California.[BN]
The Plaintiff is represented by:
Seung L. Yang, Esq.
THE SENTINEL FIRM, APC
355 S. Grand Ave., Ste 1450
Los Angeles, CA 90071-3152
Telephone: (213) 985-1150
VALPARAISO UNIVERSITY: Fails to Prevent Data Breach, Clark Says
---------------------------------------------------------------
ZACHARY CLARK, individually and on behalf of all others similarly
situated, Plaintiff v. VALPARAISO UNIVERSITY, Defendant, Case No.
2:25-cv-00451 (N.D. Ind., Sept. 30, 2025) is an action arising from
the Defendant's failure to safeguard certain Personally Identifying
Information and other sensitive, non-public financial information
(collectively, "Personal Information") of thousands of its current,
former, and prospective students (collectively, "students") and
employees, as well as others whose personal information was stored
on Valpo's systems.
The Plaintiff alleges in the complaint that Valpo's failure to
safeguard these individuals' PII resulted in Defendant's network
systems being unauthorizedly accessed by hackers and the Personal
Information of Plaintiff and other students and employees, being
disclosed, stolen, compromised, and misused, causing widespread and
continuing injury and damages.
The Defendant allegedly disregarded the rights of the Plaintiff and
the Proposed Class Members by failing to take and implement
adequate and reasonable measures to ensure that the Personal
Information it stores was safeguarded; failing to take available
steps to prevent the Data Breach from happening; failing to follow
the mandatory, applicable, and appropriate protocols, policies, and
procedures; and failing to timely notify Plaintiff and the Proposed
Class Members.
As a consequence of the Data Breach, the Plaintiff and the Proposed
Class Members' sensitive Personal Information has been released
into the public domain and they have had to, and will continue to
have to, spend time, effort, and money to protect themselves from
fraud and identity theft, says the suit.
Valparaiso University provides degrees in both undergraduate and
graduate level curriculum. [BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenmalad.com
athomas@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
STRAUSS BORRELLI PLLC
908 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
VENEZUELA: Mazzaccone Seeks Class Certification
-----------------------------------------------
In the class action lawsuit captioned as MASSIMO MAZZACCONE,
individually and on behalf of all others similarly situated, v. THE
BOLIVARIAN REPUBLIC OF VENEZUELA, Case No. 1:24-cv-06168-DLC
(S.D.N.Y.), the Plaintiff shall move before the Honorable Denise L.
Cote, at a date and time to be set by the Court, for an Order:
(1) certifying a plaintiff Class of all holders of ISIN
USP9395PAA95 ("AA95") Notes and plaintiff Class of all
holders of ISIN USP922646AT10 ("AT10") Notes, both on Aug.
14, 2024 and who continue to hold thereafter;
(2) appointment of the Plaintiff as class representative for the
Classes; and
(3) appointment of Duane Morris LLP as Class counsel, as well as
for such other relief as this Court deems just and proper.
Venezuela is a country on the northern coast of South America with
diverse natural attractions.
A copy of the Plaintiff's motion dated Sept. 19, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=PfqcMZ at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony J. Costantini, Esq.
Stephanie Lamerce, Esq.
Jillian M. Dreusike, Esq.
DUANE MORRIS LLP
22 Vanderbilt
335 Madison Avenue, 23rd Floor
New York, NY 10017-4669
Telephone: (212) 692-1000
Facsimile: (212) 692-1020
E-mail: ajcostantini@duanemorris.com
slamerce@duanemorris.com
jdreusike@duanemorris.com
VERIFY DEBT: Faces Keedi Suit Over Unsolicited Text Messages
------------------------------------------------------------
JESSICA KEEDI, individually and on behalf of all others similarly
situated v. VERIFY DEBT SOLUTIONS INC., Case No. CACE-25-015120
(Fla. Cir., Broward Cty., Oct. 3, 2025) contends that the Defendant
promotes and markets its merchandise, in part, by sending
unsolicited text messages to wireless phone users, in violation of
the Telephone Consumer Protection Act.
On June 27,2024, the Defendant placed a call using a prerecorded
voice message to the Plaintiff' s cellular telephone number ending
in 9236. During the call, the Defendant played a prerecorded voice
message identifying Defendant. The message used by Defendant was
recorded prior to it being utilized during the call to Plaintiff,
and a live person did not read a script during the call, says the
suit.
The Plaintiff brings this case on behalf of the Class defined as
follows:
"All persons in the United States who, within four years prior
to the filing of this action through the date of class
certification, received a prerecorded voice call on their
cellular telephone, from Defendant."
The Defendant provides personalized debt relief solutions.[BN]
The Plaintiff is represented by:
Mitchell D. Hansen, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26th Street
Wilton Manors, FL 33305
Telephone: (813) 340-8838
E-mail: mitchell@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
WALGREENS BOOT: Faces Keedi Suit Over Unsolicited Text Messages
---------------------------------------------------------------
JESSICA KEEDI, individually and on behalf of all others similarly
situated v. WALGREENS BOOT ALLIANCE, INC., Case No. CACE-25-015115
(Fla Cir., Broward Cty., Oct. 3, 2025) contends that the Defendant
promotes and markets its merchandise, in part, by sending
unsolicited text messages to wireless phone users, in violation of
the Telephone Consumer Protection Act.
On September 12, 2024, the Defendant placed a call using a
prerecorded voice message to the Plaintiff' s cellular telephone
number ending in 9236. During the call, the Defendant played a
prerecorded voice message identifying Defendant. The message used
by Defendant was recorded prior to it being utilized during the
call to Plaintiff, and a live person did not read a script during
the call, says the suit.
The Plaintiff brings this case on behalf of the Class defined as
follows:
"All persons in the United States who, within four years prior
to the filing of this action through the date of class
certification, received a prerecorded voice call on their
cellular telephone, from Defendant."
The Defendant operates a retail pharmacy.[BN]
The Plaintiff is represented by:
Mitchell D. Hansen, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26th Street
Wilton Manors, FL 33305
Telephone: (813) 340-8838
E-mail: mitchell@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
WASHINGTON NATIONALS: Faces Class Suit Over Undisclosed Junk Fees
-----------------------------------------------------------------
Chloe Gocher of ClassAction.org reports that a proposed class
action lawsuit claims that the Washington Nationals has failed to
disclose to consumers the full price of game tickets up front and
instead tacked on various junk fees at the end of the purchasing
process.
The 23-page lawsuit says that the National East team, until roughly
July 2024, failed to accurately represent the prices of its tickets
to online and in-person purchasers, deceiving customers into paying
more than was advertised by adding junk fees—listed as service
charges, handling and convenience charges, ticket processing
charges and order processing charges—at the last stage of the
purchasing process.
The suit accuses the Nationals of "systemically cheating customers
out of millions of dollars" by falsely advertising ticket prices.
Though the team reportedly stopped charging undisclosed junk fees
last year, it has not refunded fans the millions they have been
wrongfully charged, the case says.
Junk fees, the filing explains, are a form of drip pricing whereby
a seller does not disclose the full price of an item until the
consumer is already committed to or otherwise involved in the
purchase. Junk fees are also a variety of partition pricing, where
a portion of a good or service's cost is excluded from the
advertised total price, the case says.
The complaint claims that Nationals ticket prices regularly
increased by almost 60 percent once the junk fees were added at the
end of the purchasing process.
The lawsuit argues that hidden junk fees are deceptive and unfair,
given that they trick consumers into thinking a ticket costs less
than it actually does, while also stopping a potential buyer from
effectively comparing prices to find the best deal.
Additionally, per the complaint, consumers are unlikely to abandon
a purchase once they reach the point in the process at which the
junk fees are revealed. This is because consumers generally do not
want to expend the additional effort of searching for a better
price when they have already invested time and effort into their
present option, the case contends.
Even if the fees at issue are disclosed earlier, the complaint
writes, they are still partitioned and listed separately from a
ticket's base price. The filing argues that the disclosure of
partitioned fees is still insufficient, as research has shown that
consumers will place more importance on the base price of a product
and are unlikely to calculate the actual total cost. This is
especially true, the complaint says, if the junk fees are disclosed
in smaller, fainter text than the base price, as is often the
case.
The filing also alleges that both in-person and online buyers were
further pressured into accepting the Washington Nationals' junk
fees due to time limits placed on their purchases. For in-person
purchases, consumers typically seek to not hold up the line at the
box office, while for online purchases, the website or app would
place a time limit on every transaction before that ticket or set
of tickets were put back into the pool of available seats for
others to potentially buy.
The Washington Nationals class action lawsuit seeks to represent
all individuals in the United States who, prior to July 16, 2024,
purchased a Washington Nationals ticket at the Nationals Park Box
Office, through the MLB Ballpark app or via MLB.com and was
subsequently charged a service fee, ticket processing fee, handling
and convenience fee, order processing fee and/or other similar fee.
[GN]
WASTE MANAGEMENT: Deadline to File Settlement Claim Set Nov. 21
---------------------------------------------------------------
Nicole Aljets, writing for ClaimDepot, reports that Individuals who
purchased or otherwise acquired certain Waste Management Inc.
redeemable senior notes in one or more domestic transactions
between Feb. 13, 2020, and June 23, 2020, and suffered losses as a
result may qualify to submit a claim for a cash payment from a
class action settlement.
Waste Management Inc. agreed to pay $30,000,000 to settle a class
action lawsuit alleging it and certain executives made materially
false and misleading statements and omissions regarding the timing
and regulatory review of its acquisition of Advanced Disposal
Services Inc. during the class period.
Who is eligible for a Waste Management settlement payout?
Class members must meet all of the following criteria:
-- They purchased or otherwise acquired, in one or more domestic
transactions, any of the following Waste Management redeemable
senior notes between Feb. 13, 2020, and June 23, 2020:
-- 2.95% senior notes due 2024 (CUSIP 94106LBF5)
-- 3.20% senior notes due 2026 (CUSIP 94106LBH1)
-- 3.45% senior notes due 2029 (CUSIP 94106LBG3)
-- 4.00% senior notes due 2039 (CUSIP 94106LBJ7)
-- Their transaction(s) occurred in a domestic (U.S.) market.
-- They suffered damages as a result of their purchase or
acquisition of these notes.
Additional details:
-- Those who held notes in their own name are both the beneficial
and record owners and must sign the claim form themselves.
-- Those who held notes registered in the name of a third party
(such as a brokerage) are the beneficial owners and must submit the
claim form themselves.
-- Executors, administrators, guardians or trustees may file on
behalf of a deceased or incapacitated owner but must provide proof
of authority (such as a death certificate and legal
documentation).
How much is the Waste Management payout?
Pro rata payment: The total settlement fund is $30,000,000. The
actual amount each class member receives depends on several
factors, including:
-- The total number of valid claims submitted
-- The amount of each claimant's recognized loss
-- Deductions for taxes, administrative costs, attorneys' fees and
expenses
Each claimant's share is proportional to their recognized loss
compared to the total recognized losses of all claimants. The
average distribution per damaged note is estimated at approximately
$24 before deductions and $9.28 after deductions. However, the
actual payment may be higher or lower.
Detailed award calculation
The settlement administrator will calculate each class member's
recognized loss amount based on the type of note(s), purchase and
sale dates, and the price they paid or received.
-- 2.95% senior notes due 2024 (CUSIP 94106LBF5):
-- If sold prior to June 24, 2020: Recognized loss amount is
$0.
-- If sold or disposed of June 24-July 20, 2020: Recognized
loss amount per $100 of par is the least of:
-- $2.97 (decline in inflation per $100 of par during the
holding period)
-- The purchase price minus the sale price
-- The purchase price minus the average price between June
24, 2020, and the date of sale
-- 3.20% senior notes due 2026 (CUSIP 94106LBH1):
-- If sold prior to June 24, 2020: Recognized loss amount is
$0.
-- If sold or disposed of June 24, 2020-July 20, 2020:
Recognized loss amount per $100 of par is the least of:
-- $5.46
-- The purchase price minus the sale price
-- The purchase price minus the average price between June
24, 2020, and the date of sale
-- 3.45% senior notes due 2029 (CUSIP 94106LBG3):
-- If sold prior to June 24, 2020: Recognized loss amount is
$0.
-- If sold or disposed of June 24-July 20, 2020: Recognized
loss amount per $100 of par is the least of:
-- $5.41
-- The purchase price minus the sale price
-- The purchase price minus the average price between June
24, 2020, and the date of sale
-- 4% senior notes due 2039 (CUSIP 94106LBJ7):
-- If sold prior to June 24, 2020: Recognized loss amount is
$0.
-- If sold or disposed of June 24-July 20, 2020: Recognized
loss amount per $100 of par is the least of:
-- $3.14
-- The purchase price minus the sale price
-- The purchase price minus the average price between June
24, 2020, and the date of sale
If the calculated distribution for a claimant is less than $10,
they will not receive payment.
How to claim a class action payment
Class members can file the online claim form or download, print,
complete and mail PDF claim form to the settlement administrator.
The claim deadline is Nov. 21, 2025.
Settlement administrator's mailing address: Waste Management Notes
Securities Settlement Claims Administrator, c/o Verita Global, P.O.
Box 301170 Los Angeles, CA 90030-1170
What proof or documentation is required to submit a claim?
All class members must provide:
-- The last four digits of their Social Security or taxpayer
identification number
-- Waste Management senior note transaction information, including
note type, trade dates, quantities and purchase prices
Claimants must provide documentation to support their transactions.
Acceptable documentation includes:
-- Brokerage confirmation slips
-- Monthly account statements showing opening and closing balances
for the relevant months
-- Authorized statements from brokers containing transaction and
holding information
The settlement administrator will not accept written documents,
self-prepared tax forms, spreadsheets or illegible statements. Do
not send original documents as the settlement administrator will
not return them.
Payout options
-- Electronic payment
-- Paper check
Third-party filers cannot be the payee of any distribution
payment.
$30 million settlement fund breakdown
The $30,000,000 settlement fund covers:
-- Settlement administration costs: To be determined
-- Attorneys' fees: Up to $10,000,000
-- Attorneys' expenses: Up to $1,000,000
-- Service awards to lead plaintiffs: Up to $60,000 total
-- Payments to eligible class members: The remainder of the fund
Important dates
-- Deadline to file a claim: Nov. 21, 2025
-- Deadline to request exclusion: Nov. 25, 2025
-- Fairness hearing: Dec. 16, 2025
When is the Waste Management securities settlement payout date?
The settlement administrator will issue payments to eligible class
members after the court grants final approval of the settlement and
resolves any appeals.
Why did this class action settlement happen?
The class action lawsuit alleged Waste Management Inc. and certain
executives made false and misleading statements and omissions about
the timing and regulatory review of the company's acquisition of
Advanced Disposal Services Inc. during the class period. The
plaintiffs claimed these misrepresentations artificially inflated
the prices of the notes, causing losses when they learned the
truth.
Waste Management Inc. denies any wrongdoing but agreed to settle to
avoid the risks and costs of continued litigation. [GN]
WEBMD LLC: Must Face "Penning" Suit in California State Court
-------------------------------------------------------------
In the case captioned as Stacy Penning, Plaintiff, v. MedicineNet,
Inc., et al., Defendants, Case No. 25-cv-05992-JST (N.D. Cal.),
Judge Jon S. Tigar of the United States District Court for the
Northern District of California granted the Plaintiff's motion to
remand.
Defendant WebMD LLC removed this case from the Superior Court of
California for the County of Contra Costa under the Class Action
Fairness Act. Seven days later, WebMD filed a motion to transfer
this case to the District of New Jersey or, in the alternative, to
dismiss the case under Rules 12(b)(1) and 12(b)(6) of the Federal
Rules of Civil Procedure. Among other arguments, WebMD contended
that the Court lacked jurisdiction over this case because Penning
failed to allege Article III standing.
Penning filed a motion to remand and a motion to stay briefing on
WebMD's motion to transfer or dismiss pending consideration of the
motion to remand. The Court stayed the briefing and hearing
schedule on WebMD's motion so that it could consider the
jurisdictional question first.
The parties did not dispute that the allegations in this case
satisfied CAFA's jurisdictional requirements concerning citizenship
and the amount in controversy under 28 U.S.C. Section 1332(d). Nor
did they dispute that WebMD, as the party seeking to invoke the
Court's jurisdiction, had the burden of establishing the facts
necessary to support standing. WebMD argued that Penning lacked
Article III standing, and Penning did not make any arguments to the
contrary. If WebMD was correct about Penning's lack of standing,
the case had to be remanded because it would not have been properly
removed.
Penning asked the Court to remand this case based on WebMD's
failure to satisfy its burden to demonstrate jurisdiction. WebMD,
on the other hand, acknowledged that remand without standing might
be the ultimate outcome of this Court's analysis, but it asked the
Court to undertake its own analysis of the sufficiency of
Plaintiff's allegations to establish a cognizable injury or Article
III standing before determining whether remand was appropriate.
The Court declined WebMD's invitation. As the Court concluded in a
previous case with the same procedural posture, by arguing,
immediately upon removal and without any changed circumstances,
that Penning lacked standing, WebMD had not met its burden of
establishing subject matter jurisdiction, and the case should
therefore be remanded. The Court noted that although several courts
have concluded that an independent analysis of whether plaintiffs
have standing is appropriate in situations where defendants have
removed an action to federal court and then contested Article III
standing, another line of cases supported Plaintiff's view and
found remand appropriate, without further analysis, under similar
circumstances.
The Court found persuasive the reasoning that defendants cannot use
the bare requirements of Section 1332 to get a foot in the door of
a federal court and thereby obtain a clean slate on which to seek
dismissal for lack of subject-matter jurisdiction. Instead,
defendants bear the burden to show both a basis for diversity
jurisdiction and that the plaintiff has Article III standing. By
arguing the plaintiff lacked standing, defendants have not carried
their burden.
Since the Court decided Walker, other courts in the Ninth Circuit
reached the same conclusion. The Court found that remand based on
the defendant's failure to meet its removal burden did not depend
on Plaintiffs' position on standing or on the Court making a final
jurisdictional ruling. By removing the lawsuit to federal court
based on the assertion that the Court had subject matter
jurisdiction and then reversing course and asserting a lack of
subject matter jurisdiction, the defendant had not met its burden
to establish that the Court had subject matter jurisdiction. Lack
of subject matter jurisdiction was presumed, and remand was
mandatory.
WebMD relied heavily on the Seventh Circuit's opinion in Collier v.
SP Plus Corp., but the Court found the opinion did not state that a
district court must conduct an analysis of standing before granting
a motion to remand. The Court also found that the two cases cited
by WebMD from the Northern District of Illinois were
distinguishable because in those cases the defendants did not
expressly argue that the plaintiffs lacked Article III standing.
The Court concluded that a defendant does not satisfy its burden of
proving that all the elements of federal jurisdiction were
satisfied upon removal when it attempts to invoke federal
jurisdiction for purposes of removal and then argued for dismissal
based on the lack of standing.
Accordingly, Penning's motion to remand was granted. The case was
remanded to the Superior Court of California for the County of
Contra Costa.
A copy of the court's decision is available at
https://urlcurt.com/u?l=jKNzGg from PacerMonitor.com
WERNER GOURMET: Fernandez Balks at Blind User-Inaccessible Website
------------------------------------------------------------------
JUDITH ADELA FERNANDEZ MARTINEZ, on behalf of herself and all other
persons similarly situated v. WERNER GOURMET MEAT SNACKS, INC.,
Case No. 11:25-cv-08266 (S.D.N.Y., Oct. 6, 2025) alleges that the
Defendant failed to design, construct, maintain, and operate its
interactive website, https://wernerjerky.com/, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendants denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's Website will become and remain accessible to blind and
visually-impaired consumers.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
The Defendant offers the commercial website,
https://wernerjerky.com/, to the public. The Website offers
features which should allow all consumers to access the goods and
services offered by Defendant and which Defendant ensures delivery
of such goods and services throughout the United States including
New York State.[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, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
WESTGATE VACATION: Faces Tina Class Suit Over Predatory Lending
---------------------------------------------------------------
NICHOLAS TINA, individually, and on behalf of all others similarly
situated, and LISSETTE TINA, individually, and on behalf of all
others similarly situated v. WESTGATE VACATION VILLAS, LLC, a
Florida limited liability company, WESTGATE RESORTS, LTD., a
Florida limited partnership, WESTGATE MARKETING, LLC, a Florida
limited liability company, and WESTGATE RESORTS, INC., a Florida
corporation, Case No. 6:25-cv-01924 (M.D. Fla., Oct. 3, 2025) seeks
to enforce the Military Lending Act, which was enacted to protect
members of the United States Military from an epidemic of predatory
lending that endangers our Nation's military readiness and impacts
servicemember retention.
Defendant Westgate sells vacations, or more accurately, the
potential to book a future vacation based on factors solely in
Westgate's control. The vacations are sold through a timeshare
mechanism across the United States. Westgate targets several groups
of consumers, including members of the United States Military.
Plaintiff Nicholas Tina is an active-duty member of the United
States Military. Along with his wife, Lissette Tina, they were
pressured into purchasing a timeshare interest from Westgate in
July 2021.
Westgate provides financing for the sale of its timeshare
interests. However, a consumer's purchase of a Westgate timeshare
interest is more akin to an installment agreement allowing the
purchaser to have the potential to rent vacation properties from
Westgate sometime in the future, which often must be at least one
year or more in the future from the booking date.
The timeshare interests sold and financed by Westgate are covered
by the MLA because they extend consumer credit to covered borrowers
primarily for personal, family, or household purposes and are
subject to finance charges and payable pursuant to written
agreements in more than four installments, says the suit.
WESTGATE VACATION VILLAS, LLC is an American timeshare resort
company. [BN]
The Plaintiff is represented by:
Jeffrey L. Newsome, II, Esq.
Janet R. Varnell, Esq.
Brian W. Warwick, Esq.
Pamela G. Levinson, Esq.
Christopher J. Brochu, Esq.
VARNELL & WARWICK, P.A.
400 N. Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
Facsimile: (352) 504-3301
E-mail: jvarnell@vandwlaw.com
bwarwick@vandwlaw.com
plevinson@vandwlaw.com
jnewsome@vandwlaw.com
cbrochu@vandwlaw.com
- and -
Craig E. Rothburd, Esq.
Dylan J. Thatcher, Esq.
CRAIG E. ROTHBURD, P.A.
320 W. Kennedy Blvd., No. 700
Tampa, FL 33606
Telephone:(813) 251-8800
E-mail: craig@rothburdpa.com
dylan@rothburdpa.com
maria@rothburdpa.com
- and -
Scott R. Jeeves, Esq.
JEEVES LAW GROUP, P.A.
2100 1st Ave S Ste 2
Saint Petersburg, FL 33712-1212
Telephone: (727) 894-2929
E-mail: sjeeves@jeeveslawgroup.com
khill@jeeveslawgroup.com
- and -
Roger L. Mandel, Esq.
JEEVES MANDEL LAW GROUP, P.C.
2833 Crockett St, Suite 135
Fort Worth, TX 76107
Telephone: (214) 253-8300
E-mail: rmandel@jeevesmandellawgroup.com
WOODS CONSTRUCTION: Property Violated ADA, Azzou Suit Says
----------------------------------------------------------
LISA AZZOU, as guardian and natural parent on behalf of her minor
daughter S.A., Plaintiff v. THE WOODS CONSTRUCTION COMPANY,
Defendant, Case No. 3:25-cv-00322-WHR-CHG (S.D. Ohio, Sept. 30,
2025) alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendants'
commercial property located at 225 E 6th Street, Dayton, OH 45402
in Montgomery County, Ohio, which is a restaurant known as Jay's
Seafood, is not accessible to mobility-impaired individuals in
violation of ADA.
The Woods Construction Company is engaged in the business of
construction of nonresidential buildings. [BN]
The Plaintiff is represented by:
Owen B. Dunn, Jr., Esq.
LAW OFFICE OF OWEN B. DUNN, JR.
The Offices of Unit C
6800 W. Central Ave., Suite C-1
Toledo, OH 43617
Telephone: (419) 241-9661
Facsimile: (419) 241-9737
Email: obdjr@owendunnlaw.com
X CORP: Fact Discovery in Gerber Suit Extended to Jan. 30, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as STEPHEN GERBER, ERIC
COHEN, and CASEY WEITZMAN, Individually and on Behalf of Themselves
and All Others Similarly Situated, v. X CORP., as
Successor-in-Interest to Twitter, Inc., Case No. 4:23-cv-00186-KAW
(N.D. Cal.), the Hon. Judge entered an order:
1. The stay currently in place in this Action is dissolved;
2. Each of the deadlines set forth in the Court's Feb. 4, 2025
Pretrial Schedule is extended by twelve weeks, commensurate
with the length of time this action has been stayed since June
26, 2025, as follows:
a. Fact Discovery cutoff is extended from Jan. 30, 2026 to
April 24, 2026;
b. Expert disclosure is extended from Feb. 13, 2026 to May 8,
2026;
c. Expert rebuttal is extended from Feb. 27, 2026 to May 22,
2026;
d. Expert discovery cutoff is extended from March 20, 2026 to
June 12, 2026;
e. Motion for class certification deadline is extended from
May 22, 2026 to Aug. 14, 2026;
f. Opposition deadline is extended from June 19, 2026 to Sept.
11, 2026;
g. Reply deadline is extended from July 10, 2026 to Oct. 2,
2026;
h. Dispositive Motions deadline is extended from Aug. 20, 2026
to Nov. 19, 2026;
X Corp. is an American tech company.
A copy of the Court's order dated Sept. 19, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WRebif at no extra
charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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are $25 each. For subscription information, contact
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