251106.mbx

251106.mbx C L A S S A C T I O N R E P O R T E R Thursday, November 6, 2025, Vol. 27, No. 222 Headlines BASSETT HEALTHCARE: Fails to Prevent Data Breach, Suit Says BESTWAY USA: Above Ground Pools "Defective," Holloway Suit Claims BLUE NILE: Garcia Class Suit Removed to C.D. Cal. DEXCOM INC: Estravit Sues Over Defective Glucose Monitor Sensors DEXCOM INC: Faces Chatelain Suit in California State Court FMGI INC: Fails to Pay Proper Wages, Araujo Suit Alleges GROOT 8TH STREET: Ariza Sues Over Disability Discrimination HAPPY LASER FLORIDA: Ariza Sues Over Disability Discrimination JACKSON-MITCHELL INC: Rodriguez Suit Removed to N.D. California JBS PREPARED FOODS: Hernandez Suit Removed to E.D. California JERMAR COMPANY: Mackey Sues Over Physical Barriers LIN R. ROGERS ELECTRICAL: Bowser Suit Removed to E.D. California LIPO-FLAVONOID LLC: Cahill Sues Over Deceptive Supplement Ads LOWE ENGINEERS: Fails to Protect Personal Info, Galdun Says MAVIS TIRE: Fails to Safeguard Personal Info, Bunch Says MAVIS TIRE: Kearins Files Suit Over Data Breach MONRO INC: Beach Sues Over Failure to Pay Proper Compensation MONSANTO COMPANY: Simpson Suit Transferred to N.D. California NAKED WHEY: Protein Powder Contains Heavy Metals, Caballero Says NATIONAL INDEMNITY: Bailey Suit Removed to S.D. Ohio OASIS HOUSTON: Fernandes Suit Seeks Unpaid Overtime for Cashiers PACIFIC BELL: Hernandez Class Suit Removed to C.D. Cal. PACIFIC SEAFOOD: Fails to Secure Clients' Info, Haiser Alleges PAYACTIV INC: Itula Sues Over Failure to Protect Customers' Info PHILIP MORRIS: Continues to Defend Dorion Class Suit in Alberta PHILIP MORRIS: Continues to Defend Kunta Class Suit in Winnipeg PHILIP MORRIS: Continues to Defend McDermid Suit in Canada PHILIP MORRIS: Continues to Defend Semple Class Suit in Canada PRESIDENT AND FELLOWS: Weick Suit Removed to D. Massachusetts PUBBELLY SUSHI: Castro Sues Over Discriminative Website SYNGENTA CROP: Best Sues Over Illness Linked to Paraquat Exposure T-MOBILE USA INC: Diaz Files Suit in Cal. Super. Ct. TEAMSTERS UNION: Pedroza Files Suit in D. Massachusetts TFORCE FREIGHT: Delgado Files Suit in Cal. Super. Ct. UNITED HEALTHCARE: Fails to Pay Proper Wages, Armstrong Says VECTOR MARKETING: Boulware Files Suit in Cal. Super. Ct. VIVINT LLC: Kirshner Files Suit in Cal. Super. Ct. ZUMA PROPERTIES LLC: Hirning Sues Over Physical Barriers ********* BASSETT HEALTHCARE: Fails to Prevent Data Breach, Suit Says ----------------------------------------------------------- KRISTI BIRMINGHAM, individually and on behalf of all others similarly situated, Plaintiff v. BASSETT HEALTHCARE NETWORK, Defendant, Case No. 6:25-cv-01473-AJB-ML (N.D.N.Y., Oct. 21, 2025) is an action against the Defendant for its failure to properly secure and safeguard Representative Plaintiff's and Class Members' protected health information and personally identifiable information stored within Defendant's information network, including the Plaintiff's protected health information and personally identifiable information. The Plaintiff alleges in the complaint that the Defendant disregarded the rights of the Plaintiff and Class Members by intentionally, willfully, recklessly, and negligently failing to take and implement adequate and reasonable measures to ensure that Representative Plaintiff's and Class Members' PHI/PII was safeguarded, failing to take available steps to prevent unauthorized disclosure of data and failing to follow applicable, required and appropriate protocols, policies, and procedures regarding the encryption of data, even for internal use. As a result, the Plaintiff's and Class Members' PHI/PII was compromised through disclosure to an unknown and unauthorized third party -- an undoubtedly nefarious third party seeking to profit off this disclosure by defrauding Representative Plaintiff and Class Members in the future. Bassett Healthcare operates in the health care industry. The Company provides a health care system for people living in central New York. Bassett Healthcare owns and operates medical care facilities and provides other medical services. [BN] The Plaintiff is represented by: Mason A. Barney, Esq. Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (929) 220-2802 Email: mbarney@sirillp.com tbean@sirillp.com - and - Daniel Srourian, Esq. SROURIAN LAW FIRM, P.C. 468 N Camden Dr, Ste 200 Beverly Hills, CA 90210 Telephone: (213) 474-3800 Facsimile: (213) 471-4160 Email: daniel@slfla.com BESTWAY USA: Above Ground Pools "Defective," Holloway Suit Claims ----------------------------------------------------------------- LEAH HOLLOWAY, individually and on behalf of all others similarly situated, Plaintiff v. BESTWAY USA, INC.; BESTWAY INFLATABLES & MATERIAL CORP; BESTWAY GLOBAL HOLDINGS, INC., and any other related entities, Defendants, Case No. 1:25-cv-12853 (N.D. Ill., October 21, 2025) is a class action against the Defendants for violations of the California Unfair Competition Law and the California False Advertising Law, negligence, breach of implied warranty, and unjust enrichment. The case arises from the Defendants' false, deceptive, and misleading advertising, labeling, and marketing of Bestway-branded, above ground pools. According to the complaint, the Defendants represented the pools as safe and reliable, despite being aware that design and manufacturing defects rendered them hazardous, particularly to families with young children. As a result of these misrepresentations, the Plaintiff and Class members purchased defective pools that failed to perform as advertised and posed a substantial risk of serious injury. Bestway USA, Inc. is a manufacturer of recreational pools, headquartered in Chandler, Arizona. Bestway Inflatables & Material Corp. is a manufacturer of recreational pools based in Carlson, California. Bestway Global Holdings, Inc. is a consumer goods company based in Los Angeles, California. [BN] The Plaintiff is represented by: Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Telephone: (212) 643-0500 Email: mreese@reeellp.com - and - Jason P. Sultzer, Esq. Charles Schimmel, Esq. SULTZER & LIPARI, PLLC 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Email: sultzerj@thesultzerlawgroup.com schimmelc@thesultzerlawgroup.com - and - Jeffrey K. Brown, Esq. Brett R. Cohen, Esq. LEEDS BROWN LAW, PC One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 Email: jbrown@leedsbrownlaw.com BLUE NILE: Garcia Class Suit Removed to C.D. Cal. ------------------------------------------------- The case styled as SILVIA GARCIA, individually and on behalf of all others similarly situated, Plaintiff v. BLUE NILE, INC., a Delaware corporation, d/b/a WWW.BLUENILE.COM, Defendant, Case No. 25STCV28067, was removed from the Superior Court for the State of California, County of Los Angeles to the United States District Court for the Central District of California on October 22, 2025. The District Court Clerk assigned Case No. 2:25-cv-10130 to the proceeding. The Plaintiff's complaint raises three causes of action: a violation of the Federal Wiretap Act, a violation of the California Invasion of Privacy Act, and a California common law claim of intrusion upon seclusion. Blue Nile, Inc. is a jewelry seller in the U.S.[BN] The Defendant is represented by: Jocelyn M. Hoffman, Esq. VORYS, SATER, SEYMOUR AND PEASE LLP 2211 Michelson Drive, Suite 500 Irvine, CA 92612 Telephone: (949) 526-7906 Facsimile: (949) 526-7906 E-mail: jmhoffman@vorys.com DEXCOM INC: Estravit Sues Over Defective Glucose Monitor Sensors ---------------------------------------------------------------- RAUL ESTRAVIT, individually and on behalf of all others similarly situated, Plaintiff v. DEXCOM, INC., Defendant, Case No. 3:25-cv-02845-TWR-BJW (S.D. Cal., October 22, 2025) is a class action complaint against the Defendant for unlawful, unfair, and fraudulent business practices, in violation of the Unfair Competition Law. According to the complaint, the proposed class action suit against Dexcom, Inc. arises out of the company's marketing and selling of Dexcom G6 and G7 continuous glucose monitor sensors ("Class Products") that did not have FDA clearance and perform poorly in providing reliable and accurate glucose readings. Specifically, Dexcom manufactured and marketed the Class Products as delivering "accurate" and "real-time glucose" readings so the users can "track their glucose" and "easily make daily changes to improve long-term health." Dexcom also represented to Plaintiff and to consumers that the Class Products received FDA clearance and were safe, reliable, and accurate in providing continuous monitoring of their blood glucose levels, the complaint relates. In March 2025, however, the FDA issued a warning letter to Dexcom that its G6 and G7 devices (sensors) were adulterated and misbranded because of a design change Dexcom implemented to a component used in the resistance layers of the sensors without obtaining FDA clearance. Had Plaintiff known that the Class Products were not cleared by the FDA, and had worse performance in terms of reliability and accuracy in providing glucose readings, he would not have purchase the Class Products or would have paid significantly less for them. The Plaintiff, on behalf of himself and all others similarly situated, alleges claims for violations of the consumer protection laws of California, breach of express warranties, and unjust enrichment. He seeks all available monetary and equitable relief and any other appropriate relief the Court deems proper. Plaintiff Raul Estravit is a resident and citizen of Reseda, California. He purchased several Dexcom G7 sensors between January 2024 and March 2025 at a Costco pharmacy in Los Angeles, California and paid a $60 co-pay for three G7 sensors. Defendant Dexcom, Inc. is a medical device company "on the design, development and commercialization of continuous glucose monitoring or CGM, systems for the management of diabetes and metabolic health by patients, caregivers, and clinicians around the world."[BN] The Plaintiff is represented by: Rosemary M. Rivas, Esq. Rosanne L. Mah, Esq. GIBBS MURA LLP 1111 Broadway, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 E-mail: rmr@classlawgroup.com rlm@classlawgroup.com - and - Brian E. Johnson, Esq. GIBBS MURA LLP 211 N. Union St., Suite 100 Alexandria, VA 22314 Telephone: (510) 350-9705 (Direct) Facsimile: (510) 350-9701 E-mail: bej@classlawgroup.com DEXCOM INC: Faces Chatelain Suit in California State Court ---------------------------------------------------------- A class action lawsuit has been filed against DexCom, Inc. The case is captioned as BURTON CHATELAIN, individually and on behalf of all others similarly situated, v. DEXCOM, INC., Case No. 25STCV30722 (Cal. Super., Los Angeles Cty., October 21, 2025). The suit is brought against the Defendant for alleged violation of the Telephone Consumer Protection Act. DexCom, Inc. is an American medical device company headquartered in San Diego, California. [BN] FMGI INC: Fails to Pay Proper Wages, Araujo Suit Alleges -------------------------------------------------------- HERLLURY ARAUJO, individually and on behalf of all others similarly situated, Plaintiff v. FMGI, INC.; RMC HANDYMAN AND PAINTING SERVICES LLC; RICARDO MARRERO; and MARIA C. GONZALEZ, Defendants, Case No. 6:25-cv-02028 (M.D. Fla., Oct. 21, 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 Araujo was employed by the Defendants as painter. FMGI, Inc. offers construction to the commercial real estate industry, focusing on development, remodel and redevelopment projects. [BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com GROOT 8TH STREET: Ariza Sues Over Disability Discrimination ----------------------------------------------------------- Victor Ariza, on behalf of others similarly situated v. GROOT 8TH STREET LLC, d/b/a GEKKo, a foreign limited liability company, Case No. 1:25-cv-24919-XXXX (S.D. Fla., Oct. 24, 2025), is brought for declaratory and injunctive relief, attorney's fees, costs, and litigation expenses for unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act ("ADA"). The Defendant owns, controls, maintains, and/or operates an adjunct website, https://gekko.com (the "Website"). One of the functions of the Website is to provide the public information on the location of Defendant's physical restaurant. Defendant also offers to the public the ability to make reservations to dine in at its physical restaurant through the Website, which acts as a critical point of booking reservations to dine in at Defendant's physical restaurant that can also be made in, from, and through the physical restaurant. The Plaintiff utilizes available screen reader software that allows individuals who are blind and visually disabled to communicate with company websites. However, Defendant's Website contains access barriers that prevent free and full use by blind and visually disabled individuals using keyboards and available screen reader software. The Website does not meet the Web Content Accessibility Guidelines ("WCAG") 2.0 Level AA or higher versions of web accessibility, says the complaint. The Plaintiff is and has been blind and visually disabled in that he suffers from optical nerve atrophy, a permanent eye and medical condition that substantially and significantly impairs his vision and limits his ability to see. The Defendant owns, operates, and/or controls a restaurant and lounge selling food and beverage products that Plaintiff intended to patronize in the near future 8th located at 8 Southeast Street, Miami, Florida.[BN] The Plaintiff is represented by: Rodenck V. Hannah, Esq. RODERICK V. HANNAH, ESQ., P.A. 4800 N. Hiatus Road Sunrise, FL 33351 Phone: 954/362-3800 Facsimile: 954/362-3779 Email: rhannah@rhannahlaw.com - and - Pelayo Duran, Esq. LAW OFFICE OF PELAYO 6355 NW. 36th Street, Suite 307 Virginia Gardens, FL 33166 Phone: 305/266-9780 Facsimile: 305/269-8311 Email: duranandassociates@gmail.com HAPPY LASER FLORIDA: Ariza Sues Over Disability Discrimination -------------------------------------------------------------- Victor Ariza, on behalf of others similarly situated v. HAPPY LASER FLORIDA, LLC., d/b/a HAPPYLASER, a Florida limited liability company, Case No. 1:25-cv-24926-WPD (S.D. Fla., Oct. 24, 2025), is brought for declaratory and injunctive relief, attorney's fees, costs, and litigation expenses for unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act ("ADA"). The Defendant owns, controls, maintains, and/or operates an adjunct website, https://happylaser.com (the "Website"). One of the functions of the Website is to provide the public information on the location of Defendant's physical laser hair removal center. Defendant also allows the public to book reservations for, and make purchases of, services that are carried out at its physical laser hair removal center through the Website, which thus acts as a critical point of booking and sale for services carried out at its physical laser hair removal center that can also be made in, from, and through Defendant's physical hair removal center. The Plaintiff utilizes available screen reader software that allows individuals who are blind and visually disabled to communicate with company websites. However, Defendant's Website contains access barriers that prevent free and full use by blind and visually disabled individuals using keyboards and available screen reader software. The Website does not meet the Web Content Accessibility Guidelines ("WCAG") 2.0 Level AA or higher versions of web accessibility, says the complaint. The Plaintiff is and has been blind and visually disabled in that he suffers from optical nerve atrophy, a permanent eye and medical condition that substantially and significantly impairs his vision and limits his ability to see. The Defendant owns, operates, and/or controls a laser hair removal center offering services for sale and consultations.[BN] The Plaintiff is represented by: Rodenck V. Hannah, Esq. RODERICK V. HANNAH, ESQ., P.A. 4800 N. Hiatus Road Sunrise, FL 33351 Phone: 954/362-3800 Facsimile: 954/362-3779 Email: rhannah@rhannahlaw.com - and - Pelayo Duran, Esq. LAW OFFICE OF PELAYO 6355 NW. 36th Street, Suite 307 Virginia Gardens, FL 33166 Phone: 305/266-9780 Facsimile: 305/269-8311 Email: duranandassociates@gmail.com JACKSON-MITCHELL INC: Rodriguez Suit Removed to N.D. California --------------------------------------------------------------- The case captioned as Juan Rodriguez, on behalf of himself and all others similarly situated v. JACKSON-MITCHELL, INC, a California Corporation; and DOES 1-50, inclusive, Case No. 25CV06343 was removed from in the Superior Court of the State of California, County of Sonoma, to the United States District Court for Northern District of California on Oct. 24, 2025, and assigned Case No. 3:25-cv-09174. The Complaint brings nine causes of action for: failure to pay all minimum wages; failure to pay all overtime wages; meal period violations; rest period violations; failure to pay all sick time; wage statement violations; waiting time penalties; failure to reimburse necessary business expenses; and unfair competition.[BN] The Defendants are represented by: John A. Conkle, Esq. Amanda R. Washton, Esq. Kelly M. Peterson, Esq. THOMPSON HINE LLP 2049 Century Park East, Suite 3500 Los Angeles, CA 90067-3217 Phone: (310) 998-9100 Fax: (310) 998-9109 Email: John.Conkle@ThompsonHine.com Amanda.Washton@ThompsonHine.com Kelly.Peterson@ThompsonHine.com JBS PREPARED FOODS: Hernandez Suit Removed to E.D. California ------------------------------------------------------------- The case captioned as Jose Hernandez, Jose Oregel, Claudia Liliana Ramirez, and Jose J. Guzman, individually and on behalf of themselves, the State of California, as private attorneys general, and on behalf of all others similarly situated v. JBS PREPARED FOODS, INC., a Delaware Corporation; and DOES 1 to 50, Case No. STK-CV-UOE-2024-1476 was removed from the Superior Court in the State of California for the County of San Joaquin, to the United States District Court for Eastern District of California on Oct. 24, 2025, and assigned Case No. 2:25-cv-03096-DJC-JDP. In their Complaint, Plaintiffs assert, on behalf of themselves and others allegedly similarly situated, nine causes of action under the California Labor Code against Defendant for failure to: pay minimum wage for all hours worked; pay overtime; permit lawful rest periods and pay premium pay; permit lawful meal periods and pay premium pay; maintain accurate employment records; pay wages timely during employment; pay all wages earned and unpaid at separation; indemnify all business expenses; and furnish accurate itemized wage statements. The Plaintiffs also claim derivative violations under the California Unfair Competition Law ("UCL") and the Private Attorneys General Act ("PAGA").[BN] The Defendants are represented by: Jonathon M. Watson, Esq. SPENCER FANE LLP 1700 Lincoln Street, Suite 2000 Denver, CO 80203 Phone: (303) 839-3800 Facsimile: (303) 839-3838 Email: jmwatson@spencerfane.com - and - Elaisha Nandrajog, Esq. SPENCER FANE LLP 225 West Santa Clara Street, Suite 1500 San Jose, CA 95113 Phone: (408) 286-5100 Facsimile: (408) 286-5722 Email: enandrajog@spencerfane.com JERMAR COMPANY: Mackey Sues Over Physical Barriers -------------------------------------------------- Kirk Mackey, and on behalf of others similarly situated v. JERMAR COMPANY L.C., Case No. 4:25-cv-05100 (D. Colo., Oct. 24, 2025), is brought based upon Defendant's failure to remove physical barriers to access the property and violations of Title III of the Americans with Disabilities Act ("ADA") and the ADA's Accessibility Guidelines ("ADAAG"). The Plaintiff has visited the Property twice before as a customer and advocate for the disabled. The Plaintiff intends to revisit the Property within six months after the barriers to access detailed in this Complaint are removed and the Property is accessible again. The purpose of the revisit is to be a customer of Oishii, to determine if and when the Property is made accessible and for Advocacy Purposes. The Plaintiff intends on revisiting the Property to purchase goods and/or services as a return customer living in the near vicinity as well as for Advocacy Purposes but does not intend to re-expose himself to the ongoing barriers to access and engage in a futile gesture of visiting the public accommodation known to Plaintiff to have numerous continuing barriers to access, as such, Plaintiff is deterred from returning to the Property until the barriers to access are removed, says the complaint. The Plaintiff uses a wheelchair for mobility purposes. JERMAR COMPANY L.C. is a Texas limited company that transacts business in the State of Texas.[BN] The Plaintiff is represented by: Douglas S. Schapiro, Esq. THE SCHAPIRO LAW GROUP, P.L. 7301-A W. Palmetto Park Rd., #100A Boca Raton, FL 33433 Phone: (561) 807-7388 Email: schapiro@schapirolawgroup.com LIN R. ROGERS ELECTRICAL: Bowser Suit Removed to E.D. California ---------------------------------------------------------------- The case captioned as Tyler Bowser, individually, and on behalf of other similarly situated employees v. LIN R. ROGERS ELECTRICAL CONTRACTORS, INC.; ROGERS ELECTRIC SERVICE CORPORATION; and DOES 1 through 25, inclusive, Case No. 25CV021830 was removed from the Superior Court in the State of California for the County of Sacramento, to the United States District Court for Eastern District of California on Oct. 24, 2025, and assigned Case No. 2:25-cv-03094-DAD-CKD. The Complaint asserts the following causes of action on behalf of Plaintiff Bowser and the putative class against all defendants: failure to pay minimum wages; failure to pay overtime wages; failure to provide one day's rest in seven; meal period violations; rest period violations; failure to timely pay wages during employment; wage statement violations; failure to timely pay final wages; failure to reimburse necessary business expenses; and unfair competition.[BN] The Defendants are represented by: Keith A. Jacoby, Esq. Stacey F. Blank, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067.3107 Phone: 310.553.0308 Facsimile: 800.715.1330 Email: kjacoby@littler.com sblank@littler.com LIPO-FLAVONOID LLC: Cahill Sues Over Deceptive Supplement Ads ------------------------------------------------------------- KIRK CAHILL, individually and on behalf of all others similarly situated, Plaintiff v. LIPO-FLAVONOID LLC and BRIDGES CONSUMER HEALTHCARE, LLC, Defendants, Case No. 1:25-cv-05914-RML (E.D.N.Y., October 22, 2025) is a class action complaint against the Defendants for their deceptive marketing and labeling of Lipo-Flavonoid. According to the complaint, Lipo-Flavonoid (the "Product") is a dietary supplement falsely touted as an effective remedy for tinnitus, or "ringing in the ears." Despite its widespread marketing, there is no competent scientific evidence that Lipo-Flavonoid or its ingredients provide any measurable benefit in treating or relieving tinnitus symptoms. Defendants have long known this, the complaint says. In 2015, Clarion Brands, the former marketer of Lipo-Flavonoid, was investigated and found to have violated advertising norms by the National Advertising Division (NAD) and the National Advertising Review Board (NARB) of the Better Business Bureau. Clarion agreed to cease several of its most aggressive claims about the product. Yet, in 2021, after Clarion was acquired by Bridges Consumer Healthcare, LLC, the newly formed entity Lipo-Flavonoid LLC resumed substantially similar marketing under new branding. The product formulation did not change, nor did the fundamental claims. These deceptive representations include statements such as "#1 ENT Doctor Recommended," and "Clinically Shown to Help Manage Ear Ringing," which give consumers the false impression that the product is both medically endorsed and clinically validated. In fact, the best available scientific evidence has consistently found that Lipo-Flavonoid is no more effective than placebo. Numerous peer-reviewed studies and systematic reviews have confirmed the absence of clinical benefit. Yet Defendants continue to mislead vulnerable consumers who are desperate for relief from a distressing condition, asserts the complaint. The Plaintiff alleges that he purchased Lipo-Flavonoid at retail locations in Queens based on the product's advertised claims. Had he known these claims were false or misleading, he would not have purchased the product. He and the New York Subclass Members seek monetary, statutory, and compensatory damages, restitution, and disgorgement of all moneys obtained by means of Defendants' unlawful conduct, interest, and attorneys' fees and costs. Plaintiff Kirk Cahill is a citizen of the State of New York and resides in Queens County. Defendant Lipo-Flavonoid LLC is a Delaware limited liability company with its principal place of business in Chattanooga, Tennessee. It was created by Bridges Consumer Healthcare following its 2021 acquisition of Clarion Brands. It currently owns and markets the Lipo-Flavonoid product.[BN] The Plaintiff is represented by: Philip J. Furia, Esq. FURIA LAW, LLC 880 Third Avenue, Fifth Floor New York, NY 10022 Telephone: 646-830-1915 E-mail: furiap@furiafirm.com LOWE ENGINEERS: Fails to Protect Personal Info, Galdun Says ----------------------------------------------------------- JOHN GALDUN, on behalf of himself and all others similarly situated, Plaintiff v. LOWE ENGINEERS, LLC, Defendant, Case No. 1:25-cv-06050-SDG (N.D. Ga., October 22, 2025) is a class action complaint against the Defendant for failure to protect highly sensitive data, in violation of the Federal Trade Commission Act. According to the complaint, the Defendant stores a litany of highly sensitive personal identifiable information ("PII") and protected health information ("PHI") such as names, dates of birth, Social Security numbers, account numbers, routing numbers, payment card numbers, payment card expiration dates, medical information, and health insurance information--about its current and former employees as part of its business. On December 27, 2024, the Defendant was hacked in a data breach but was unable to detect it until January 12, 2025. Defendant was unable to stop the Data Breach until January 14, 2025. Moreover, Defendant waited until October 2, 2025, before it began notifying the class--a full 279 days after the Data Breach began, the complaint asserts. Plaintiff John Galdun is a former employee of Defendant. He is a data breach victim, having received a breach notice and suffered actual injury from the exposure and theft of his PII--which violates his rights to privacy. Defendant LOWE ENGINEERS, LLC is a professional engineering and surveying firm based in Atlanta, Georgia.[BN] The Plaintiff is represented by: Joseph B. Alonso, Esq. Daniel H. Wirth, Esq. Alonso & Wirth, LLC 1708 Peachtree St., Suite 303 Atlanta, GA 30309 Telephone: (678) 928-4509 Facsimile: (678) 490-3668 E-mail: JAlonso@alonsowirth.com DWirth@alonsowirth.com - and - Samuel J. Strauss, Esq. Raina C. Borrelli, Esq. STRAUSS BORRELLI PLLC 980 N. Michigan Avenue, Suite 1610 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 E-mail: Sam@straussborrelli.com Raina@straussborrelli.com MAVIS TIRE: Fails to Safeguard Personal Info, Bunch Says -------------------------------------------------------- WILLIAM BUNCH, individually and on behalf of all others similarly situated, Plaintiff v. MAVIS TIRE SUPPLY LLC d/b/a MAVIS DISCOUNT TIRE, Defendant, Case No. 7:25-cv-08754 (S.D.N.Y., October 22, 2025) is a class action complaint against the Defendant for compromising Plaintiff and Class Members' personally identifiable information ("PII" or "Private Information") such as names, dates of birth, Social Security numbers, license plate numbers, Vehicle Identification Numbers ("VIN"), addresses, and contact information in violation of the Federal Trade Commission Act. The complaint alleges that the Plaintiff and Class Members were required to entrust Defendant with sensitive, non-public Private Information as a condition of obtaining services and being employed with Defendant. Defendant retains this information for at least many years and even after the company relationship has ended. On September 23, 2025, a cybercriminal group known as Worldleaks gained access to Defendant's inadequately secured systems and obtained files containing Plaintiff's and Class Members' Private Information and claimed responsibility for the Data Breach. To date, Defendant has yet to issue any public disclosure about the Data Breach. As a result, the Plaintiff brings this action due to Defendant's failure to: (i) adequately protect the Private Information of Plaintiff and Class Members; (ii) warn Plaintiff and Class Members of Defendant's inadequate information security practices; and (iii) effectively secure hardware containing protected Private Information using reasonable and effective security procedures free of vulnerabilities and incidents. Defendant's conduct amounts at least to negligence and violates federal and state statutes, adds the complaint. The Plaintiff seeks to remedy these harms and prevent any future data compromise on behalf of himself, and all similarly situated persons whose personal data was compromised and stolen as a result of the Data Breach and who remain at risk due to Defendant's inadequate data security practices, says the suit. Mavis Tire Supply LLC is one of the largest multi-brand tire retailers in the United States, providing tire and automotive services to customers with over 3,500 locations.[BN] The Plaintiff is represented by: Leanna A. Loginov, Esq. Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE First Avenue, Suite 705 Miami, FL 33132 Telephone: 305-479-2299 E-mail: lloginov@shamisgentile.com ashamis@shamisgentile.com MAVIS TIRE: Kearins Files Suit Over Data Breach ----------------------------------------------- MICHAEL KEARINS, individually and on behalf of all others similarly situated, Plaintiff v. MAVIS TIRE SUPPLY LLC d/b/a MAVIS DISCOUNT TIRE, Defendant, Case No. 7:25-cv-08751 (S.D.N.Y., October 22, 2025) is a class action complaint against the Defendant for compromising Plaintiff and Class Members' personally identifiable information ("PII" or "Private Information") such as names, dates of birth, Social Security numbers, license plate numbers, Vehicle Identification Numbers ("VIN"), addresses, and contact information in violation of the Federal Trade Commission Act. According to the complaint, the Plaintiff and Class Members were required to entrust Defendant with sensitive, non-public Private Information as a condition of obtaining services and being employed with Defendant. The Defendant retains this information for at least many years and even after the company relationship has ended. On September 23, 2025, a cybercriminal group known as Worldleaks gained access to Defendant's inadequately secured systems and obtained files containing Plaintiff's and Class Members' Private Information and claimed responsibility for the Data Breach. To date, Defendant has yet to issue any public disclosure about the Data Breach. As a result, the Plaintiff brings this action due to Defendant's failure to: (i) adequately protect the Private Information of Plaintiff and Class Members; (ii) warn Plaintiff and Class Members of Defendant's inadequate information security practices; and (iii) effectively secure hardware containing protected Private Information using reasonable and effective security procedures free of vulnerabilities and incidents. Defendant's conduct amounts at least to negligence and violates federal and state statutes, adds the complaint. The Plaintiff seeks to remedy these harms and prevent any future data compromise on behalf of himself, and all similarly situated persons whose personal data was compromised and stolen as a result of the Data Breach and who remain at risk due to Defendant's inadequate data security practices. Michael Kearins was an employee of Mavis Tire Supply LLC. Mavis Tire Supply LLC is one of the largest multi-brand tire retailers in the United States, providing tire and automotive services to customers with over 3,500 locations.[BN] The Plaintiff is represented by: Steven Sukert, Esq. KOPELOWITZ OSTROW P.A. 1 W Las Olas Blvd, Suite 500 Ft. Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: sukert@kolawyers.com MONRO INC: Beach Sues Over Failure to Pay Proper Compensation ------------------------------------------------------------- Scott Beach, on behalf of himself and others similarly situated v. MONRO, INC., Case No. 6:25-cv-06609 (W.D.N.Y., Oct. 26, 2025), is brought challenging policies and practices of Defendants of failing to pay proper compensation which violate the Fair Labor Standards Act ("FLSA"). Specifically, Defendant has a company-wide policy and practice of not paying their hourly technicians, including Plaintiff and others similarly situated, for all hours worked, resulting in unpaid overtime. For example, Defendant has a company-wide policy and practice of deducting 30-minutes of unpaid lunch time, even though Defendant knew that hourly technicians, including Plaintiff and those similarly situated, routinely worked through the entire 30-minute unpaid meal break or were otherwise interrupted with work activities during the unpaid breaks, says the complaint. The Plaintiff was employed by Defendant from October 20, 2020 until July 22, 2024 as a non-exempt technician. The Defendant's "family of brands is one of the leading automotive service and tire dealers in the United States."[BN] The Plaintiff is represented by: Scott D. Perlmuter, Esq. TITTLE & PERLMUTER 4106 Bridge Ave. Cleveland, OH 44113 Phone: 216-222-2222 Fax: 888-604-9299 Email: scott@tittlelawfirm.com MONSANTO COMPANY: Simpson Suit Transferred to N.D. California ------------------------------------------------------------- The case captioned as Patricia Simpson, and others similarly situated v. Monsanto Company, Case No. 4:25-cv-01431 was transferred from the U.S. District Court for the Eastern District of Missouri, to the U.S. District Court for the Northern District of California on Oct. 23, 2025. The District Court Clerk assigned Case No. 3:25-cv-09075-VC to the proceeding. The nature of suit is stated as Personal Inj. Prod. Liability for Product Liability. The Monsanto Company -- https://www.monsanto.com/ -- was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri.[BN] The Plaintiff is represented by: Madison Tate Donaldson, Esq. THE WAGSTAFF LAW FIRM 940 Lincoln Street Denver, CO 80203 Phone: (303) 376-6360 Email: mdonaldson@wagstafflawfirm.com NAKED WHEY: Protein Powder Contains Heavy Metals, Caballero Says ---------------------------------------------------------------- SEVIEN CABALLERO, individually and on behalf of all others similarly situated, Plaintiff v. NAKED WHEY, INC., d/b/a NAKED NUTRITION, Defendant, Case No. 2:25-at-01437 (E.D. Cal., Oct. 21, 2025) is an action against the Defendant for its reckless, negligent, and intentional practice of misrepresenting its Naked Mass Vegan Mass Gainer protein powder products ("Products") containing or had a material risk of containing of Heavy Metals, including lead. According to the Plaintiff in the complaint, the Defendant's Products contain dangerous toxins: Heavy Metals. As detailed below, individuals who consume Heavy Metals risk developing serious adverse health effects – a risk which most consumers strongly prefer to avoid. Yet, Defendant presented itself to consumers as a company they could trust, advertising its products as "premium" and "with nothing to hide," as shown below, when the Products contained or had a risk of containing Heavy Metals. During the time he purchased and consumer the Products, and due to the misrepresentations by Defendant, he was unaware the Products contained, or had a material risk of containing, Heavy Metals and would not have purchased the Products if that information had been fully disclosed. As a result of the Defendant's intentionally, recklessly, negligently, and knowingly deceptive conduct, the Plaintiff was injured when he paid the purchase price or a price premium for the Products that did not deliver what was promised by Defendant. Naked Whey, Inc., d/b/a Naked Nutrition sells and markets food supplements, including protein powders and other dietary supplements. [BN] The Plaintiff is represented by: Lisa T. Omoto, Esq. FARUQI & FARUQI LLP 1901 Avenue of the Stars, Suite 1060 Los Angeles, CA 90067 Telephone: (424) 256-2884 Email: lomoto@faruqilaw.com NATIONAL INDEMNITY: Bailey Suit Removed to S.D. Ohio ---------------------------------------------------- The case captioned as Joshua Bailey, on behalf of other similarly situated people v. NATIONAL INDEMNITY COMPANY, Case No. 25-CV-00220 was removed from the Court of Common Pleas of Perry County, Ohio, to the United States District Court for Southern District of Ohio on Oct. 24, 2025, and assigned Case No. 2:25-cv-01247-MHW-EPD. The State Court Action asserts claims for declaratory judgment, unjust enrichment, and bad faith. The claims arise out of the denial of Plaintiff's claim for Auto Medical Payments coverage under a policy of insurance issued by National Indemnity.[BN] The Plaintiff is represented by: Jack J. Lah, Esq. THE ATTKISSON LAW FIRM LLC 3033 Kettering Blvd., Suite 213 Dayton, OH 45439 Phone: (937) 276-9700 Email: jack@attkissonlawfirm.com The Defendants are represented by: Daniel F. Gourash, Esq. Robert D. Anderle, Esq. Clare C. Moran, Esq. SEELEY SAVIDGE EBERT & GOURASH CO., LPA 26600 Detroit Road, Suite 300 Westlake, OH 44145 Phone: (216) 566-8200 Facsimile: (216) 566-0213 Email: dfgourash@sseg-law.com rdanderle@sseg-law.com cmoran@sseg-law.com OASIS HOUSTON: Fernandes Suit Seeks Unpaid Overtime for Cashiers ---------------------------------------------------------------- JOSE FERNANDES, individually and on behalf of all others similarly situated, Plaintiff v. TAJDDIN MOMIN, OASIS HOUSTON OPERATIONS, LLC, D/B/A OASIS TIDWELL, TARINA PROPERTIES, LLC, OASIS BAYTOWN, LLC, BAYTOWN VALERO, INC., 1600 SOUTH HIGHWAY 146, LTD., OASIS NORTHWOOD OPERATIONS, LLC, EASTLAND WAY, INC., D/B/A OASIS WINNIE, OASIS 99, LLC D/B/A OASIS GRAND PKWY, OASIS 519, LLC D/B/A OASIS TEXAS CITY, OASIS 565 OPERATIONS, LLC D/B/A OASIS NEEDLEPOINT, OASIS 1604 LLC, OASIS NACOGDOCHES OPERATING, LLC, OASIS NORTHWOOD OPERATIONS, LLC, OASIS PEARSALL OPERATIONS, LLC, and OASIS SHADY HILL PROPERTY, LLC, Defendants, Case No. 4:25-cv-05024 (S.D. Tex., October 21, 2025) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Plaintiff worked for the Defendants as a cashier from approximately 2019 until September 2, 2025. Oasis Houston Operations, LLC, d/b/a Oasis Tidwell, is a convenience store/gas station owner and operator in Texas. Tarina Properties, LLC is a real estate company in Texas. Oasis Baytown, LLC is a convenience store/gas station owner and operator in Texas. Baytown Valero, Inc. is a convenience store/gas station owner and operator in Texas. 1600 South Highway 146, Ltd. is a real estate company in Texas. Oasis Northwood Operations, LLC is a convenience store/gas station owner and operator in Texas. Eastland Way, Inc., d/b/a Oasis Winnie, is a convenience store/gas station owner and operator in Texas. Oasis 99, LLC d/b/a Oasis Grand Pkwy, is a convenience store/gas station owner and operator in Texas. Oasis 519, LLC d/b/a Oasis Texas City, is a convenience store/gas station owner and operator in Texas. Oasis 565 Operations, LLC d/b/a Oasis Needlepoint, is a convenience store/gas station owner and operator in Texas. Oasis 1604 LLC is a convenience store/gas station owner and operator in Texas. Oasis Nacogdoches Operating, LLC is a convenience store/gas station owner and operator in Texas. Oasis Northwood Operations, LLC is a convenience store/gas station owner and operator in Texas. Oasis Pearsall Operations, LLC is a convenience store/gas station owner and operator in Texas. Oasis Shady Hill Property, LLC is a convenience store/gas station owner and operator in Texas. [BN] The Plaintiff is represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM P.O. Box 10099 Houston, TX 77206 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 Email: jbuenker@buenkerlaw.com PACIFIC BELL: Hernandez Class Suit Removed to C.D. Cal. ------------------------------------------------------- LUIS HERNANDEZ, an individual, in his individual capacity and on behalf of others similarly situated, Plaintiff v. PACIFIC BELL TELEPHONE COMPANY; and DOES 1-10, inclusive, Defendants, Case No. 25STCV26348, was removed from the Superior Court of the State of California for the County of Los Angeles to the United States District Court for the Central District of California on October 22, 2025. The District Court Clerk assigned Case No. 2:25-cv-10157 to the proceeding. The Plaintiff's complaint asserts claims under California law for: (1) failure to pay overtime and double time; (2) failure to pay all wages owed every pay period; (3) failure to furnish timely and accurate wage statements; (4) failure to pay all wages due at separation; and (5) violations of California's unfair competition law. Pacific Bell Telephone Company provides telephone and other telecommunication services in California. Defendant Pacific Bell Telephone Company is represented by: Malcolm A. Heinicke, Esq. MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 E-mail: malcolm.heinicke@mto.com - and - David W. Moreshead, Esq. Andrew Delaplane, Esq. MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, Fiftieth Floor Los Angeles, CA 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 E-mail: david.moreshead@mto.com andrew.delaplane@mto.com PACIFIC SEAFOOD: Fails to Secure Clients' Info, Haiser Alleges -------------------------------------------------------------- KELLY HAISER, individually and on behalf of all others similarly situated, Plaintiff v. PACIFIC SEAFOOD, D/B/A DULCICH INC., Defendant, Case No. 3:25-cv-01944-SI (D. Ore., October 21, 2025) is a class action against the Defendant for negligence, negligence per se, unjust enrichment, and breach of implied contract. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and personal health information of the Plaintiff and similarly situated individuals stored within its network systems following a data breach on or around June 24, 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties. Pacific Seafood, doing business as Dulcich Inc., is a family-owned seafood company, headquartered in Clackamas, Oregon. [BN] The Plaintiff is represented by: Kim D. Stephens, Esq. Jason T. Dennett, Esq. TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Ave., Ste. 1700 Seattle, WA 98101 Telephone: (206) 682-5600 Email: kstephens@tousley.com jdennett@tousley.com - and - John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 S. Beverly Dr., Penthouse Beverly Hills, CA 90212 Telephone: (858) 209-6941 Email: jnelson@milberg.com PAYACTIV INC: Itula Sues Over Failure to Protect Customers' Info ---------------------------------------------------------------- JONATHAN ITULA, individually and on behalf of all others similarly situated, Plaintiff v. PAYACTIV, INC., Defendant, Case No. 3:25-cv-09038 (N.D. Cal., October 21, 2025) is a class action against the Defendant for negligence, breach of implied contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and declaratory judgment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information of the Plaintiff and similarly situated individuals stored within its network systems following a data breach on or about April 3, 2025, through August 20, 2025. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties. Payactiv, Inc. is a financial technology company, with its principal place of business in Milpitas, California. [BN] The Plaintiff is represented by: (Eddie) Jae K. Kim, Esq. LYNCH CARPENTER, LLP 117 E Colorado Blvd., Ste. 600 Pasadena, CA 91105 Telephone: (213) 723-0707 Facsimile: (858) 313-1850 Email: ekim@lcllp.com - and - Gerald D. Wells, III, Esq. 1760 Market Street, Suite 600 Philadelphia, PA 19103 Telephone: (267) 609-6910 Facsimile: (267) 609-6955 Email: jerry@lcllp.com PHILIP MORRIS: Continues to Defend Dorion Class Suit in Alberta --------------------------------------------------------------- Philip Morris International Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2025 filed with the Securities and Exchange Commission on October 24, 2025 that the Company continues to defend itself from the Dorion class suit in the Queen's Bench in Alberta, Canada. In the class action pending in Canada, Dorion v. Canadian Tobacco Manufacturers' Council, et al., The Queen's Bench, Alberta, Canada, filed June 15, 2009, the Company, RBH, and its indemnitees (PM USA and Altria), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic bronchitis and severe sinus infections resulting from the use of tobacco products. She is seeking compensatory and punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. To date, the Company, its subsidiaries, and its indemnitees have not been properly served with the complaint. Philip Morris International, Inc. is a tobacco company with its principal place of business in Stamford, Connecticut. PHILIP MORRIS: Continues to Defend Kunta Class Suit in Winnipeg --------------------------------------------------------------- Philip Morris International Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2025 filed with the Securities and Exchange Commission on October 24, 2025 that the Company continues to defend itself from the Kunta class suit in the Queen's Bench in Winnipeg, Canada. In the class action pending in Canada, Kunta v. Canadian Tobacco Manufacturers' Council, et al., The Queen's Bench, Winnipeg, Canada, filed June 12, 2009, the Company, RBH, and its indemnitees (PM USA and Altria), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic obstructive pulmonary disease ("COPD"), severe asthma, and mild reversible lung disease resulting from the use of tobacco products. She is seeking compensatory and punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. Philip Morris International, Inc. is a tobacco company with its principal place of business in Stamford, Connecticut. PHILIP MORRIS: Continues to Defend McDermid Suit in Canada ---------------------------------------------------------- Philip Morris International Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2025 filed with the Securities and Exchange Commission on October 24, 2025 that the Company continues to defend itself from the McDermid class suit in the Supreme Court, British Columbia, Canada. In the class action pending in Canada, McDermid v. Imperial Tobacco Canada Limited, et al., Supreme Court, British Columbia, Canada, filed June 25, 2010, the Company, RBH, and its indemnitees (PM USA and Altria), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges his own addiction to tobacco products and heart disease resulting from the use of tobacco products. He is seeking compensatory and punitive damages on behalf of a proposed class comprised of all smokers who were alive on June 12, 2007, and who suffered from heart disease allegedly caused by smoking, their estates, dependents and family members, plus disgorgement of revenues earned by the defendants from January 1, 1954, to the date the claim was filed. Philip Morris International, Inc. is a tobacco company with its principal place of business in Stamford, Connecticut. PHILIP MORRIS: Continues to Defend Semple Class Suit in Canada -------------------------------------------------------------- Philip Morris International Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2025 filed with the Securities and Exchange Commission on October 24, 2025 that the Company continues to defend itself from the Semple class suit in the Queen's Bench in Winnipeg, Saskatchewan, Canada. In the class action pending in Canada, Semple v. Canadian Tobacco Manufacturers' Council, et al., The Supreme Court (trial court), Nova Scotia, Canada, filed June 18, 2009, the Company, RBH, and its indemnitees (PM USA and Altria), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges his own addiction to tobacco products and COPD resulting from the use of tobacco products. He is seeking compensatory and punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. Philip Morris International, Inc. is a tobacco company with its principal place of business in Stamford, Connecticut. PRESIDENT AND FELLOWS: Weick Suit Removed to D. Massachusetts ------------------------------------------------------------- The case captioned as Anna Weick, and on behalf of all other similarly situated v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Case No. 2581CV02269 was removed from the Superior Court of Massachusetts, Middlesex County, to the United States District Court for District of Massachusetts on Oct. 24, 2025, and assigned Case No. 1:25-cv-13123-AK. In the Complaint, Weick alleges that Harvard violated the Massachusetts Wage Act, (the "Wage Act") by failing to pay employees for their unused "personal time" upon separation from employment.[BN] The Defendants are represented by: Robert A. Fisher, Esq. Barry J. Miller, Esq. Molly C. Mooney, Esq. SEYFARTH SHAW LLP Seaport East Two Seaport Lane, Suite 1200 Boston, MA 02210-2028 Phone: (617) 946-4800 Facsimile: (617) 946-4801 Email: rfisher@seyfarth.com bmiller@seyfarth.com mmooney@seyfarth.com PUBBELLY SUSHI: Castro Sues Over Discriminative Website ------------------------------------------------------- Arantza Castro, individually and on behalf of all others similarly situated v. PUBBELLY SUSHI, LLC., a Florida Limited Liability Company D/B/A PUBBELLY SUSHI, Case No. 1:25-cv-24907-XXXX (S.D. Fla., Oct. 24, 2025), is brought under the Americans with Disabilities Act ("ADA"), as a result of the Defendant's discriminative website. The Defendant's Website contains access barriers that prevent free and full use by blind and visually disabled individuals using keyboards and available screen reader software. The Plaintiff attempted to purchase a gift card on Defendant's website. However, the Plaintiff was not able to freely and fully use Defendant's website because it contains access barriers that make it inaccessible to persons with disabilities, and for which there is no reasonable accommodation for the Plaintiff. The Defendant's Website contains access barriers that prevent free and full use by blind and visually disabled individuals using keyboards and available screen reader software. Although the Website appeared to have an "accessibility" statement displayed and an "accessibility" widget/plugin added, the "accessibility" statement and widget/plugin, when tested, still could not be effectively accessed by, and continued to be a barrier to, blind and visually disabled persons, including Plaintiff as a completely blind person. Plaintiff, although she attempted to access the statement, thus, was unable to receive any meaningful or prompt assistance through the "accessibility" statement and the widget/plugin to enable her to quickly, fully, and effectively navigate the Website, says the complaint. The Plaintiff uses the computer regularly, but due to her visual disability, Plaintiff cannot use her computer without the assistance of appropriate and available auxiliary aids, screen reader software, and other technology and assistance. PUBBELLY SUSHI, is a company that sells drinks, food, dessert and gift cards.[BN] The Plaintiff is represented by: Diego German Mendez, Esq. MENDEZ LAW OFFICES, PLLC P.O. BOX 228630 Miami, FL 33172 Phone: 305.264.9090 Facsimile: 1-305.809.8474 Email: info@mendezlawoffices.com - and - Richard J. Adams, Esq. ADAMS & ASSOCIATES, P.A. 6500 Cowpen Road, Suite 101 Miami Lakes, FL 33014 Phone: 786-290-1963 Facsimile: 305-824-3868 Email: radamslaw7@gmail.com SYNGENTA CROP: Best Sues Over Illness Linked to Paraquat Exposure ----------------------------------------------------------------- DONALD M. BEST and MARLA BEST (h/w), Plaintiff v. SYNGENTA CROP PROTECTION LLC and CHEVRON U.S.A., INC., Defendants, Case No. N25C-10-228 PQT (Super. Ct., Del., October 22, 2025) is a complaint against the Defendants for designing, selling, advertising, manufacturing, and distributing, labeling and sale of products containing the herbicide Paraquat, with full knowledge of its dangerous and defective nature. According to the complaint, Syngenta and its predecessors have been aware that Paraquat causes Parkinson's disease, Parkinson's disease symptoms, and related neuropathologies since at least the 1970s. Yet, Syngenta and its predecessors took no action to protect end-users of its Paraquat products, including Plaintiff. The complaint alleges that Mr. Best was exposed to Paraquat beginning in 2003 to 2007 while living in South Dakota. He recalls being exposed to Paraquat while directly spraying and applying it to fields via backpack sprayer and tractor with attachment. Mr. Best was exposed to Paraquat when it was mixed, applied, and cleaned. Paraquat came into contact with Mr. Best's skin and clothes and Mr. Best inhaled Paraquat. As a direct and proximate result of being exposed to Paraquat, Plaintiff Donald M. Best has been diagnosed with and treated for Parkinson's disease as of June 2022. The Plaintiffs bring this action for personal injuries sustained by Donald M. Best's exposure to Paraquat. Plaintiffs Donald M. Best and Marla Best are husband and wife residing in the state of Colorado. Defendant Syngenta is a Delaware LLC whose membership traces to Syngenta Corporation, which is incorporated and headquartered in Delaware.[BN] The Plaintiff is represented by: Raeann Warner, Esq. COLLINS PRICE WARNER WOLOSHIN 8 East 13th St. Wilmington, DE 19801 Telephone: (302) 655-4600 E-mail: raeann@cpwwlaw.com - and - Fidelma Fitzpatrick, Esq. MOTLEY RICE LLC 40 Westminster Street, 5th Floor Providence, RI 02903 Telephone: (401) 457-7728 Facsimile: (401) 457-7708 E-mail: ffitzpatrick@motleyrice.com T-MOBILE USA INC: Diaz Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against T-Mobile USA, Inc., et al. The case is styled as Ryan Diaz, all others similarly situated v. T-Mobile USA, Inc., Does 1 to 50, Case No. 25CV025447 (Cal. Super. Ct., Sacramento Cty., Oct. 24, 2025). The case type is stated as "Other Employment Complaint Case." T-Mobile USA, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator headquartered in Bellevue, Washington.[BN] The Plaintiff is represented by: Larry W. Lee, Esq. DIVERSITY LAW GROUP 515 S Figueroa St., Ste. 1250 Los Angeles, CA 90071-3316 Phone: 213-488-6555 Fax: 213-488-6554 Email: lwlee@diversitylaw.com TEAMSTERS UNION: Pedroza Files Suit in D. Massachusetts ------------------------------------------------------- A class action lawsuit has been filed against Teamsters Union 25 Health Services & Insurance Plan. The case is styled as Pablo Pedroza, Individually and on behalf of all others similarly situated v. Teamsters Union 25 Health Services & Insurance Plan, Case No. 1:25-cv-13122 (D. Mass., Oct. 24, 2025). The nature of suit is stated as E.R.I.S.A. for Labor. TeamstersCare -- https://www.teamsterscare.com/ -- is a health plan providing medical, dental, vision, and pharmacy services to Teamster members, dependents, and retirees.[BN] The Plaintiff appears pro se. TFORCE FREIGHT: Delgado Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against TForce Freight, Inc. The case is styled as Gabriel Delgado, individually, and on behalf of other similarly situated employees v. TForce Freight, Inc., Case No. 25CV151115 (Cal. Super. Ct., Alameda Cty., Oct. 24, 2025). The case type is stated as "Other Employment Complaint Case." TForce Freight, a subsidiary of TFI International -- https://www.tforcefreight.com/ -- is an American less than truckload freight carrier based in Richmond, Virginia.[BN] The Plaintiff is represented by: Karen I. Gold, Esq. BLACKSTONE LAW 8383 Wilshire Blvd., Ste. 745 Beverly Hills, CA 90211-2442 Phone: 310-439-5208 Email: kgold@blackstonepc.com UNITED HEALTHCARE: Fails to Pay Proper Wages, Armstrong Says ------------------------------------------------------------ FAYE ARMSTRONG; ELIZABETH CROSS BAYLESS; TIFFANIE DAMAZIO- TRUJILLO; MELISSA H. DELGADO; VIVICA J. DUSABLON; GARY L. FIELD; SARAH FRICKEL; GERMAYNE M GURULE; MONICA HERNANDEZ; JESSE KUZMA; DEIDRE A LAM; REGINA D. LASELUTE; ROSEMARY J. LECLAIR; MALISSA BURNS LICEA; CHRYSTAL J. LYON; RICHARD MAESTAS; MARIO F. MARTINEZ; JESSICA N PAUL-WARD; DUNDEE PEREZ; VANESSA PLYER; ANGIE TRUJILLO; JONATHAN TRUJILLO; and CHERIE URBAN, individually and on behalf of all others similarly situated, Plaintiffs v. UNITED HEALTHCARE SERVICES, INC., Defendant, Case No. 1:25-cv-01053 (D.N.M., Oct. 21, 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. The Plaintiffs were employed by the Defendant as care coordinators. United Healthcare Services, Inc. was founded in 1974. The company's line of business includes providing hospital, medical, and other health services to subscribers or members. [BN] The Plaintiffs are represented by: John W. Stewart, Esq. Patrick J. Miller-Bartley, Esq. Callie E. Dydo, Esq. McGILLIVARY STEELE ELKIN LLP 1101 Vermont Ave., NW Suite 1000 Washington, DC 20005 Telephone: (202) 833-8855 Facsimile: (202) 452-1090 Email: jws@mselaborlaw.com pmb@mselaborlaw.com ced@mselaborlaw.com - and - Stephen Curtice, Esq. YOUTZ & VALDEZ PC 900 Gold Ave. SW Albuquerque, NM 87102 Telephone: (505) 244-1200 Email: stephen@youtzvaldez.com VECTOR MARKETING: Boulware Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Vector Marketing Corporation, et al. The case is styled as Jayden Boulware, individually, and on behalf of other members of the general public similarly situated v. Vector Marketing Corporation, Does 1 through 10, inclusive, Case No. 25CV151089 (Cal. Super. Ct., Alameda Cty., Oct. 24, 2025). The case type is stated as "Other Employment Complaint Case." Vector Marketing -- https://www.vectormarketing.com/ -- is a direct selling subsidiary company and the marketing arm of Cutco Corporation, an Olean, New York–based cutlery manufacturer.[BN] The Plaintiff is represented by: Camron Dowlatshahi, Esq. MILLS SADAT DOWLAT LLP 333 South Hope Street, 40th Floor Los Angeles, CA 90071 Phone: (213) 628-3856 Email: camron@msdlawyers.com VIVINT LLC: Kirshner Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against Vivint LLC. The case is styled as Edward Kirshner, individually and on behalf of all persons similarly situated v. Vivint LLC, Case No. 25STCV31080 (Cal. Super. Ct., Los Angeles Cty., Oct. 24, 2025). Vivint -- https://www.vivint.com/ -- is a smart home company providing integrated systems, in-home consultation, installation, support, 24/7 care, and monitoring.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS APC 4100 Newport Place Drive Suite 800 Newport Beach, CA 92660 Phone: (949) 706-6464 Fax: (949) 706-6469 Email: sferrell@pacifictrialattorneys.com ZUMA PROPERTIES LLC: Hirning Sues Over Physical Barriers -------------------------------------------------------- Jacob Hirning, and on behalf of others similarly situated v. ZUMA PROPERTIES LLC, Case No. 1:25-cv-03375 (D. Colo., Oct. 24, 2025), is brought based upon Defendant's failure to remove physical barriers to access the property and violations of Title III of the Americans with Disabilities Act ("ADA") and the ADA's Accessibility Guidelines ("ADAAG"). The Plaintiff has visited the Property twice before as a customer and advocate for the disabled. The Plaintiff intends to revisit the Property within six months after the barriers to access detailed in this Complaint are removed and the Property is accessible again. The purpose of the revisit is to be a return customer to Fascinations and Honey Baked Ham, to determine if and when the Property is made accessible and to substantiate already existing standing for this lawsuit for Advocacy Purposes. The Plaintiff intends on revisiting the Property to purchase goods, food and/or services as a return customer as well as for Advocacy Purposes but does not intend to re-expose himself to the ongoing barriers to access and engage in a futile gesture of visiting the public accommodation known to Plaintiff to have numerous and continuing barriers to access, as such, Plaintiff is deterred from returning to the Property as a customer until after the barriers to access identified in this Complaint are cured, says the complaint. The Plaintiff uses a wheelchair for mobility purposes. ZUMA PROPERTIES LLC is a domestic limited liability company that transacts business in the State of Colorado.[BN] The Plaintiff is represented by: Douglas S. Schapiro, Esq. THE SCHAPIRO LAW GROUP, P.L. 7301-A W. Palmetto Park Rd., #100A Boca Raton, FL 33433 Phone: (561) 807-7388 Email: schapiro@schapirolawgroup.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2025. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***