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C L A S S A C T I O N R E P O R T E R
Monday, December 29, 2025, Vol. 27, No. -1
Headlines
360 LENDING CORP: Wilson Files TCPA Suit in N.D. Georgia
86/2 RESTAURANT: Faces Perez Wage-and-Hour Suit in S.D.N.Y.
ABS & TAYLOR: Carter Sues Over Failure to Pay Minimum Wages
AMAZON.COM INC: Court Rules Virtual Try-On Class Action Can Proceed
AMERICAN FAMILY: Class Cert Deadlines Vacated in Knox Suit
ARAMARK CAMPUS: Class Cert Bid Filing in Dale Due June 26, 2026
ASAP TRANS: Appeals Class Cert. Order in Malone Suit to 7th Circuit
ASP AESTHETICS: Hansen Files Suit in Ill. Dist. Ct.
AUNTIE PEACHES: Drummond Sues Over Disability Discrimination
BGC GROUP: Faces Class Action Over Unreasonable Construction Delays
BLIZZARD ENTERTAINMENT: Class Cert Bid Filing Due July 10, 2026
BROWN-DAUB CHEVROLET: Pero Sues Over TCPA Violation
CAMPBELL SOUP: 9th Cir. Affirms Dismissal of Husain Consumer Suit
CATBIRD NYC: Trippett Sues Over Blind's Equal Access to Website
CERNER CORPORATION: Tice Suit Transferred to W.D. Missouri
CIRCUS AND EL DORADO: Faces Wiess Wage-and-Hour Suit in D. Nev.
CITIBANK NA: Seeks More Time to Oppose Class Cert Bid
DELTA STAR: Wilson Bid for Class Cert Tossed
DG STRATEGIC VII: Lewis Suit Removed to W.D. Washington
DOLLAR TREE: Hearing on Class Cert Denial Bid Set for Jan. 22, 2026
DONALD TRUMP: Global Nurse Seeks to Certify Rule 23 Class
DOORDASH INC: Brown Suit Removed to N.D. California
DOVENMUEHLE MORTGAGE: Custer Wins Class Cert Bid
DREYER'S GRAND: Faces Class Lawsuit Over Misbranded Fruit Bars
E MORTGAGE: More Time to File Class Certification Sought
ELEVANCE HEALTH: $2.5MM Class Settlement in Nixon Gets Initial Nod
ELITE ERA LLC: Cattani Files Suit in S.D. California
EMBLEMHEALTH INC: Settlement in Cordova Gets Final Nod
EMMIGRANT SAVINGS: Scheduling Order Entered in Adamson Suit
ENGLANDER TRANSPORTATION: Class Cert Bid Filing Extended to Dec. 29
ENGLANDER TRANSPORTATION: Seeks More Time to File Response
ENGLANDER TRANSPORTATION: Time to File Class Cert Response Extended
F5 INC: Faces Securities Class Action Lawsuit in W.D. Wash.
FANDOM INC: Settlement in Shah Gets Initial OK
FOUR SEASONS HOTELS: Campbell Sues Over Disability Discrimination
FRESH INC: Faces Class Suit Over Falsely Advertised Lip Products
FRESNO, CA: TwoHands Sues Over Homeless' Civil Rights Violations
GEISINGER SYSTEM: Agrees to Settle Class Action Suit for $28.5MM
HAND HOSPITALITY: Son Seeks Extensions of Discovery Deadlines
HOMESTEAD PLAZA: Pardo Files Suit Over ADA Breach
HOTEL JEROME: Faces Class Action Lawsuit Over J-1 Visa Violations
HUMANGOOD SOCAL: Duran Files Suit in Cal. Super. Ct.
HURRICANE, UT: Airbnb Hosts File Class Suit Over New Ordinances
HUT CAROLINAS: Court Narrows Claims in Jones Suit
INFOSYS MCCAMISH: Class Settlement in McNally Suit Gets Final Nod
INOVA HEALTH: Settlement Deal in Lugo Suit Gets Initial Nod
INSURANCE TRIPLE: Friel Bid to Commence Discovery OK'd
INSURIFY INC: Hafizi Sues Over Unlawful Telemarketing Messages
INTEGER HOLDINGS: Artificially Inflated Stock Prices, West Alleges
INTERNATIONAL LONGSHOREMEN'S: Dodd Seeks Class Certification
INTERNATIONAL PAPER: Court Stays Sermeno Suit
JACK'S FAMILY: Brown Sues Over Failure to Pay Overtime Wages
JAMF HOLDING: Misleads Shareholders to OK Merger, Bushansky Says
JASON LUO: "Levy" Gets Leave to Amend Complaint
JBL PREMIER: Harty Sues Over Discriminative Property
JEFF RUBY CULINARY: Court Approves FLSA Settlement in Lamb
JITO LABS: Faces Refiled Class Action Suit Over MEV Trading Scheme
JOHN KRUMME: Filing for Class Cert Bid in Minshew Due June 1, 2026
JONES & CO: Bid to Strike Class Allegations Partly OK'd
KROGER CO: Womick Seeks Extension of Class Cert Briefing
L'OREAL USA: Kim Suit Removed to W.D. Washington
LEMONAID HEALTH: Agrees to Settle Health Privacy Suit for $3.25MM
LKQ PICK: Filing for Class Cert. Bid in Short Due August 10, 2026
LOREAL USA INC: Kim Suit Removed to W.D. Washington
LUXOTTICA OF AMERICA: Faces Class Action Over TCPA Violations
MARICOPA COUNTY, AZ: ACLU Opposes Attempt to Halt Racial Law Reform
MATADOR GROUP: Faces Ganan Wage-and-Hour Suit in E.D.N.Y.
MAX'S SERVICES: Class Cert Filing in Guerrero Due March 23, 2026
MCKENDREE UNIVERSITY: Court Approves Class Settlement in "DeLisle"
MDL 3164: Panel Denies Centralization of 41 Data Breach Suits
MDL 3170: TransUnion Data Breach Suits Transferred to N.D. Ill.
MERCK SHARP & DOHME: Murphy Sues Over Unpaid Overtime Compensation
MERCURY SYSTEMS: Settlement in North Collier Gets Initial Nod
METLIFE INC: Smith Seeks Unpaid Overtime for Support Specialists
MICROSOFT CORP: Filing for Class Cert Bid Due June 5, 2026
MIDI HEALTH: Intercepts Electronic Communications, Baker Says
MONSANTO COMPANY: O'Neall Sues Over Wrongful Advertising
MONSANTO COMPANY: Rosini Sues Over Negligent Sale of Herbicide
MONSANTO COMPANY: Sennett Sues Over Negligent Advertising
MONSANTO COMPANY: Tucker Sues Over Wrongful Advertising and Sale
MORTON DRUG COMPANY: Metoxen Files Suit in E.D. Wisconsin
NEW ERA ENERGY: Rosen Law Investigates Potential Securities Claims
NEW ORLEANS PELICANS: Faces Gallien Suit Over TCPA Violation
ODW LOGISTICS: Walker Sues Over Failure to Pay Overtime Wages
OKLAHOMA: Able Farms Files Suit in Okla. Dist. Ct.
ORACLE CORP: Brumwell Balks at Unauthorized Personal Info Access
ORANGE AVE HOSPITALITY: Harty Sues Over Discriminative Property
PEPSICO INC: Faces Gonzalez Suit Over False Snack Line Ads
PERSANTE HEALTH: Fails to Secure Personal Info, Bergeron Alleges
PERSANTE HEALTHCARE: Gomez Balks at Failure to Secure Personal Info
PRECISION DRILLING: Response to SAC Due Jan. 12, 2026
PRIMAL PET: Blind Users Can't Access Website, Youngren Suit Says
PRIME NOW: Class Cert Bid in Quintero Extended to May 8, 2026
RIVIAN AUTOMOTIVE: Class Settlement in Crews Gets Initial Nod
RTIC OUTDOORS: Faces Cole Suit Over Blind-Inaccessible Online Store
SAGINAW COUNTY, MI: Fox Seeks OK of Renewed Bid for Class Cert
SANO FOOD PEMBROKE: Victor Sues Over Discriminative Website
SEAGATE TECHNOLOGY: Plaintiffs Seek to Certify Class Action
SECURITAS SECURITY: Malpica Suit Removed to S.D. California
SMOOTHIE SPOT GROUP: Ariza Sues Over Disability Discrimination
SONY CORP: Faces Class Action Over Defective Headphones
SOUTHERN GLAZER'S WINE: Snipes Suit Removed to N.D. California
SSP AMERICA CID: Hill Sues Over Failure to Pay Minimum Wage
SSP AMERICA: Faces Class Action Lawsuit Over Unpaid Wages
STARBUCKS CORP: Cypret Sues Over Employees' Unreimbursed Expenses
SUPERGOOP LLC: Wayne Suit Removed to C.D. California
TAILORED CHEF: Underpays Food Preparers, Garcia Suit Says
TEXAS: Discriminates Foreign Commerce, Beijing Daxing Alleges
TOYOTA MOTORS: Faces Class Action Lawsuit Over Faulty Gearbox
TRI CITY FOODS: Butkovitz Suit Removed to N.D. Illinois
TROIS INVESTMENT: Drummond Sues Over Disability Discrimination
TYLER TECHNOLOGIES: Hardy-Gerena Suit Removed to D. Columbia
UNDER ARMOUR: Ganesh Files Suit Over Data Breach
UNITED STATES: 7th Cir. Stays Orders in Castanon-Nava v. DHS
UNITED STATES: Fed. Cir. Affirms Dismissal of Lesko's OT Claim
UNIVERSITY OF PENNSYLVANIA: Court Consolidates Cybersecurity Suit
UNIVERSITY OF PENNSYLVANIA: Korengold Sues Over Unsecured Info
UPLAND SOFTWARE: Underpays Sales Representatives, Vining Claims
VBIT TECH: Denies Bid to Add PUVTA Claims in "Dettmering"
WALGREEN CO: Trial & Pretrial Schedule Order Entered
WHITESTONE HOME: Class Settlement in Robertson Gets Final Nod
*********
360 LENDING CORP: Wilson Files TCPA Suit in N.D. Georgia
--------------------------------------------------------
A class action lawsuit has been filed against 360 Lending Corp. The
case is styled as Erin Wilson, on behalf of herself and others
similarly situated v. 360 Lending Corp., Case No. 1:25-cv-07121-MHC
(N.D. Ga., Dec. 15, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
360 Lending Corp. -- https://360lendingcorp.com/ -- offer tailored
loan solutions from mortgages and refinancing to personal and
investment loans.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (508) 221-1510
Email: anthony@paronichlaw.com
- and -
Valerie Lorraine Chinn, Esq.
CHINN LAW FIRM, LLC
245 N. Highland Ave., Suite 230 #7
Atlanta, GA 30307
Phone: (404) 626-2098
Email: vchinn@chinnlawfirm.com
86/2 RESTAURANT: Faces Perez Wage-and-Hour Suit in S.D.N.Y.
-----------------------------------------------------------
CATARINO MANUEL PEREZ, individually and on behalf of all others
similarly situated, Plaintiff v. 86/2 RESTAURANT LLC d/b/a GRACIE'S
DINER, SAS RESTAURANTS LLC d/b/a TIMES SQUARE DINER & GRILL,
ANASTASIOS KATSAROS, STEPHEN KATSAROS a/k/a STEVEN KATSAROS, and
STAVROS NIKOLAKAKOS, Defendants, Case No. 1:25-cv-10248 (S.D.N.Y.,
December 10, 2025) is a class action against the Defendants for
violations of the Fair Labor Standards Act and the New York Labor
Law including failure to pay overtime wages, failure to provide
wage notice, failure to provide accurate wage statements, and
fraudulent filing of information returns.
The Plaintiff was employed by the Defendants as a dishwasher at
Times Square Diner & Grill from in or around June 2021 until in or
around July 2025.
86/2 Restaurant LLC, doing business as Gracie's Diner, is a
restaurant owner and operator, located at 1633 2nd Ave, New York,
New York.
SAS Restaurants LLC, doing business as Times Square Diner & Grill,
is a restaurant owner and operator, located at 807 8th Ave., New
York, New York. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
ABS & TAYLOR: Carter Sues Over Failure to Pay Minimum Wages
-----------------------------------------------------------
Gary Carter, on behalf of himself and on behalf of all others
similarly situated v. ABS & TAYLOR ENTERPRISES, INC., Case No.
1:25-cv-15168 (N.D. Ill., Dec. 15, 2025), is brought under the Fair
Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law
("IMWL") for Defendant's failure to pay minimum wages to Plaintiff
and other similarly situated persons for travel time related their
job duties and assignments.
The Plaintiff and other employees performed work for Defendant, but
Defendant failed to pay them all minimum wages for travel time and
unlawfully deducted pay from their wages. The Plaintiff routinely
traveled on average of ten to fifteen hours driving to and from
various jobsites in the company vehicle and Defendant altered
Plaintiff's reported compensable time. In most if not all
workweeks, Plaintiff and other employees traveled to job sites and
assignments but Defendant failed to compensate them for all hours
worked and unlawfully deducted pay from their wages.
The Defendant failed to comply with the FLSA, because Defendant
failed to pay Plaintiff and other employees their minimum wages and
unlawfully deducted pay from their wages. As a result of these
practices, Plaintiff is owed lost wages and liquidated damages as a
result of not being paid minimum wages, says the complaint.
The Plaintiff was hired by Defendant on May 1, 2017 as a Service
Technician.
The Defendant was a corporation doing business in and for Cook
County.[BN]
The Plaintiff is represented by:
Chad W. Eisenback, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone (630) 575-8180
Fax (630) 575 - 8188
Email: ceisenback@atlaslawcenter.com
AMAZON.COM INC: Court Rules Virtual Try-On Class Action Can Proceed
-------------------------------------------------------------------
Wendy Davis, writing for MediaPost, reports that siding against
Amazon, a federal appellate court has ruled that consumers can move
forward with a class-action lawsuit over claims that the company
violated an Illinois biometric privacy law by allegedly collecting
and storing facial recognition data of people who used "virtual try
on" technology to test makeup and eyewear.
The ruling, issued Wednesday, December 17, by the 7th Circuit Court
of Appeals, upholds a decision issued by U.S. District Court Judge
Jorge Alonso in the Northern District of Illinois. He held in March
2024 that the matter could proceed as a class-action on behalf of
everyone who used a virtual try-on feature on Amazon's mobile
website or app while in Illinois after September 7, 2016.
The ruling comes in a dispute dating to 2021, when an Illinois
resident named Tanya Svoboda alleged that she uploaded photos of
her face to Amazon in order to virtually test out different
lipsticks. A second person, Antonella Ortiz Colosi, later joined
the lawsuit.
They alleged in an amended complaint that Amazon's virtual try-on
feature violated the Illinois Biometric Privacy Information Act,
which prohibits companies from collecting and storing facial
recognition data without users' written consent, and requires
companies to disclose policies for shedding the data. The law
provides for damages up to $5,000 per individual.
Amazon denied that it violated the law, arguing in a motion for
summary judgment that its virtual try-on technology runs on users'
devices.
"No information about users' faces ever leaves those devices,"
Amazon argued, adding that the data is deleted from users' devices
when they close the app or mobile browsing window.
Alonso rejected Amazon's motion for summary judgment for now, but
said the company could renew its arguments after more evidence was
exchanged between itself and the plaintiffs.
The company also argued in a separate motion that the matter
shouldn't proceed as a class action, writing in papers filed last
year that the claims "raise major issues that can be resolved only
with an analysis of each individual class member's circumstances
and each individual class member's particular use of [virtual
try-on] technology."
Amazon added that determining whether a particular person used the
technology while in Illinois would require a case-by-case
analysis.
Alonso rejected that argument as well, ruling that the matter could
move forward as a class action.
Amazon then asked the 7th Circuit to reverse Alonso's decision
regarding class-action status.
A three-judge panel of that court ruled against Amazon, writing
that the case will turn on "common questions" regarding Amazon's
alleged use of virtual try-on technology.
"Some common questions require expert discovery to analyze the
[virtual try-on] software. None will benefit from repeated
adjudication," Circuit Judge Michael Scudder wrote in an opinion
joined by Ilana Rovner and David Hamilton.
But the judges suggested that Amazon could raise the issue again,
after more facts emerged.
"It warrants emphasis that class certification does not carry any
permanency," Scudder wrote. "The district court should remain
vigilant in monitoring the propriety of certification as the case
develops." [GN]
AMERICAN FAMILY: Class Cert Deadlines Vacated in Knox Suit
----------------------------------------------------------
In the class action lawsuit captioned as Lora Knox, et al., v.
American Family Insurance Company ,et al., Case No. 3:23-cv-00790
(W.D. Wisc., Filed Nov. 15, 2023), the Hon. Judge William M. Conley
entered an order granting a joint motion to vacate all remaining
deadlines in the pretrial conference order and to set the case for
a new scheduling conference within 21 days of a ruling on the
pending motions for class certification and summary judgment.
The nature of suit states Diversity-Contract Dispute.
American is an American private mutual company.[CC]
ARAMARK CAMPUS: Class Cert Bid Filing in Dale Due June 26, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as JULIA DALE on behalf of
herself and all others similarly situated, v. ARAMARK CAMPUS, LLC,
a Delaware limited liability company, and DOES 1 50, inclusive,
Case No. 4:24-cv-04856-YGR (N.D. Cal.), the Hon. Judge Yvonne
Gonzalez Rogers entered an amended order as follows:
-- Last day to file motion for class certification: June 26,
2026
-- Deadline to file opposition: July 31, 2026
-- Deadline for reply: Aug. 14, 2026
-- Hearing on motion for class certification: Sept. 1, 2026
Aramark provides food services and facilities management to
hospitals, universities, school districts, stadiums, and other
businesses around the world.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j2KtUm at no extra
charge.[CC]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Christina M. Lucio, Esq.
Mitchell J. Murray, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: james@jameshawkinsaplc.com
christina@jameshawkinsaplc.com
mitchell@jameshawkinsaplc.com
The Defendants are represented by:
Eric Meckley, Esq.
Sarah Zenewicz, Esq.
Thomas A Duda, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
thomas.duda@morganlewis.com
ASAP TRANS: Appeals Class Cert. Order in Malone Suit to 7th Circuit
-------------------------------------------------------------------
KRISTINA PETROSIUS is taking an appeal from a court order granting
the Plaintiffs' motion to certify class in the lawsuit entitled
Samuel Malone, et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. ASAP Trans Corp., et al.,
Defendants, Case No. 1:22-cv-03572, in the U.S. District Court for
the Northern District of Illinois.
As previously reported in the Class Action Reporter, the suit is
brought by the Plaintiffs against the Defendants alleging claims
under the Truth in Leasing Act (TILA), the Illinois Consumer Fraud
and Deceptive Business Practices Act, the Illinois Wages Payment
and Collection Act (IWPCA), and the Illinois common law of fraud
and contract.
Plaintiff Malone sought class certification under Rule 23(b)(3) for
TILA and breach of contract claims, which the District Court
certified against Defendant Petrosius only on October 22, 2025.
Similarly, both Plaintiffs moved to certify the IWPCA class against
ASAP and Petrosius, with the court certifying a modified class
against Petrosius. Petrosius filed a timely motion to reconsider
the order of class certification on October 31, 2025, which the
District Court denied.
The appellate case is entitled Samuel Malone and Donald Brown v.
ASAP Trans Corp. and Kristina Petrosius, Case No. 25-8035, in the
United States Court of Appeals for the Seventh Circuit, filed on
December 8, 2025. [BN]
Plaintiffs-Respondents SAMUEL MALONE, et al., individually and on
behalf of all others similarly situated, are represented by:
Christopher J. Wilmes, Esq.
Justin Tresnowski, Esq.
HUGHES, SOCOL, PIERS, RESNICK & DYM, LTD.
Three First National Plaza
70 West Madison Street, Suite 4000
Chicago, IL 60602
Telephone: (312) 580-0100
Email: cwilmes@hsplegal.com
jtresnowski@hsplegal.com
Defendant-Petitioner KRISTINA PETROSIUS is represented by:
Timothy J. Young, Esq.
Robert V. Good, Esq.
Serge S. Petukh, Esq.
Alexa C. Bradley, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
550 West Adams Street, Suite 300
Chicago, IL 60661
Telephone: (312) 345-1718
Facsimile: (312) 345-1778
Email: Tim.Young@lewisbrisbois.com
Robert.Good@lewisbrisbois.com
Serge.Petukh@lewisbrisbois.com
Alexa.Bradley@lewisbrisbois.com
ASP AESTHETICS: Hansen Files Suit in Ill. Dist. Ct.
---------------------------------------------------
A class action lawsuit has been filed against ASP Aesthetics LP.
The case is styled as Tysen Hansen, individually and on behalf of
all other similarly situated v. ASP Aesthetics LP, Case No.
2025LA001594 (Ill. Dist. Ct., DuPage Cty., Dec. 15, 2025).
ASP Aesthetics LP doing business as Chapter Aesthetic Studio --
https://www.mychapter.com/ -- offers non-surgical cosmetic face,
body, beauty products, and skin treatments services.[BN]
The Plaintiffs are represented by:
Eugene Y. Turin, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, IL 60601
Phone: (312) 893-7002
Email: eturin@mcgpc.com
AUNTIE PEACHES: Drummond Sues Over Disability Discrimination
------------------------------------------------------------
Jonathan Drummond, and all others similarly situated v. AUNTIE
PEACHES, LLC, Case No. 3:25-cv-01539 (M.D. Fla., Dec. 15, 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 Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
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.
Accordingly, Defendant's website, https://www.auntiepeaches.com/
(the "Website"), was incompatible with Plaintiff's screen reading
software and keyboard. The fact that Plaintiff could not
communicate with or within the Website left Plaintiff feeling
excluded, frustrated, and humiliated, and gave Plaintiff a sense of
isolation and segregation, as Plaintiff is unable to participate in
the same shopping experience, with the same access to the services,
promotions, as provided at the Website and in the physical location
as the non-visually disabled public, says the complaint.
The Plaintiff is has been blind and visually disabled in that
Plaintiff suffers from optical nerve atrophy as a result of
retinoblastoma.
The Defendant owns, operates, and/or controls a U.S. based store
specializing in herbal remedies, natural wellness products, and
apothecary items, the store.[BN]
The Plaintiff is represented by:
Aleksandra Kravets, Esq.
ALEKSANDRA KRAVETS, ESQ. P.A.
865 SW 113 Lane
Pembroke Pines, FL 33025
Phone: 347-268-9533
Email: ak@akesqpa.com
BGC GROUP: Faces Class Action Over Unreasonable Construction Delays
-------------------------------------------------------------------
Jacqueline Lynch of ABC South West WA reports that if a class
action against one of WA's biggest builders is successful,
customers could get a share of more than $100 million.
Jo and David Dimov are among those who say they have experienced
unreasonable delays with their home build.
What's next?
BGC has confirmed it is yet to take on new home builds, as it
continues to work on dozens of incomplete homes in Perth and the
South West.
Almost two years after the slab went down on Jo and David Dimov's
"forever home", it is still unfinished.
They are among thousands of Western Australians who could benefit
from a class action accusing one of WA's biggest builders of
unreasonable delays.
Two years ago, a class action was launched against BGC Housing,
claiming the company had oversold and underdelivered houses.
Since then, more homebuilders in Perth and the state's South West
have signed up to the legal proceedings and lawyers say they are
aiming for a payout of more than $100 million.
Jo and David Dimov signed up with a subsidiary of Perth builder BGC
Housing Group in late 2022.
They were "pretty excited" when the slab went down on their block,
north of Bunbury, in January last year.
"It was exciting to see the earthworks happen . . . [and] to see
the bobcat get in there and start digging it up," said Mr Dimov.
"It started to take some shape and looked like things were going to
kick off pretty quick."
But nearly two years later, they are still waiting to move in.
"I have seen entire subdivisions go up in the time our house has
been built," he said.
Ms Dimov said it had been a stressful couple of years trying to
build what she described as their "forever home".
"It's been disheartening, there has been tears . . . The stress
and the pressure on our family unit, it's been pretty hard," she
said
"They need to be accountable as a big company for what they've done
by overselling houses."
Ms Dimov has described having to fight "every step of the way" to
get the work done correctly.
She said they had joined the class action in the hope it would
bring about change, but said more needed to be done to keep
builders in check.
"Even if it's just a spot check, 'Surprise, we're here to check to
make sure that you're doing the right job' . . . then I feel like
maybe some of these builders would be a little bit more
accountable," she said.
The WA government has committed to mandatory building inspections
in apartment builds from next year but is yet to set a timeline for
bringing them in for home builds.
Delays 'shouldn't have happened'
Lawyer Spencer Lieberfreund, who is supporting the claimants in the
class action, said customers had dealt with alleged delays and cost
increases "that shouldn't have happened".
"We started to get a number of people coming to see us individually
with complaints about delays in their construction, we saw they
were all BGC home owners and it snowballed from there," he said
"Our estimate was that there were between six and seven thousand
customers that BGC had that were affected by this."
He said he ultimately wanted to see people compensated for the time
they spent waiting.
"You might have had to pay additional rent, [or] if you already
owned a home you might have had to pay additional interest
payments, [or] if you were an investor, you might have lost rent
because you were unable to rent your home when you should have been
able to do so," he said.
BGC still working through backlog
In 2023, BGC limited taking on new home orders to focus on its
existing jobs, including home builds picked up after the McGowan
government's COVID-19 "Building Bonus Grants".
In a statement, the company confirmed it was still working through
the backlog, but said it was getting closer to handover on each
build.
"BGC confirms it currently has 61 residential homes for retail
customers remaining to be completed in Western Australia, including
one in the South West of the state," a spokesperson said.
"Each of these homes is continuing to achieve progress towards key
handover every day.
"The company stopped taking sales of new residential homes in April
2023 and has not recommenced." [GN]
BLIZZARD ENTERTAINMENT: Class Cert Bid Filing Due July 10, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as Bonoan, v. Blizzard
Entertainment, Inc. Case No. 3:25-cv-07848-TLT (N.D. Cal.), the
Hon. Judge Thompson entered a case management and scheduling
order:
Trial date: Oct. 18, 2027
Final pretrial conference: Sept. 2, 2027
Expert discovery cut-off: March 19, 2027
Fact discovery cut-off: Dec. 11, 2026
Motion for class certification:
Last day to be heard: Oct. 27, 2026,
2:00 p.m. [in person]
Last day to reply to class Aug. 13, 2026
certification:
Opposition to class certification July 31, 2026
motion due:
Class certification motion due: July 10, 2026
Blizzard is an American video game developer and publisher.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6HB1Ng at no extra
charge.[CC]
BROWN-DAUB CHEVROLET: Pero Sues Over TCPA Violation
---------------------------------------------------
CATHERINE PERO, individually and on behalf of all others similarly
situated, Plaintiff v. BROWN-DAUB CHEVROLET OF NAZARETH, Defendant,
Case No. 25-7016 (E.D. Pa., December 12, 2025) is a class action
seeking all available remedies under the Telephone Consumer
Protection Act ("TCPA").
This action arises from the Defendant's practice of sending
telemarketing text calls to wireless subscribers without having
implemented procedures required for maintaining and honoring an
internal do-not-call list in violation of the regulations
implemented under the TCPA.
The complaint alleges that despite Plaintiff specifically opting
out of further communications, Defendant continued to send her
unwanted and unauthorized telemarketing text messages on the
following dates: January 8 and 28, 2025; February 18, 2025; March
4, 2025; and March 28, 2025. As a result of Defendant's illegal
communications with Plaintiff, Defendant has violated federal law,
the complaint asserts.
Plaintiff Catherine Pero is a resident of Pipersville,
Pennsylvania.
Defendant Brown-Daub Chevrolet of Nazareth is a company engaged in
vehicle trading, with its headquarters located at 819 Nazareth
Pike, Nazareth, Pennsylvania.[BN]
The Plaintiff is represented by:
Eric Lechtzin, Esq.
Andrew Lapat, Esq.
EDELSON LECHTZIN LLP
411 South State Street
Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: elechtzin@edelson-law.com
alapat@edelson-law.com
CAMPBELL SOUP: 9th Cir. Affirms Dismissal of Husain Consumer Suit
-----------------------------------------------------------------
In the case captioned SYED HUSAIN, Plaintiff - Appellant v.
CAMPBELL SOUP COMPANY, Defendant - Appellee, Case No. 24-6041 (9th
Cir.), the United States Court of Appeals for the Ninth Circuit
affirms the dismissal of the class action lawsuit.
The matter is an appeal from the U.S. District Court for the
Northern District of California (D.C. No. 3:24-cv-01776-CRB,
Charles R. Breyer, District Judge, Presiding). The Ninth Circuit
panel consists of Sidney R. Thomas, Daniel A. Bress, and Salvador
Mendoza, Jr., Circuit Judges. Judge Mendoza issued a dissenting
opinion.
Plaintiff Syed Husain appeals from the district court's Rule
12(b)(6) dismissal of his putative class action lawsuit alleging
that Kettle Brand "Air Fried" chips are deceptively labeled as air
fried when they are, in fact, deep fried in oil.
The Court of Appeals reviews the dismissal of a case under Rule
12(b)(6) de novo. The Court of Appeals has jurisdiction under 28
U.S.C. Section 1291, and it affirms the dismissal.
The Panel finds that Husain fails to plausibly allege that a
reasonable consumer would be deceived into believing that the chips
are not deep fried in oil. The front of the packaging prominently
states that the chips are not just "Air Fried," but also "Kettle
Cooked Air Finished." The front label, therefore, expressly
describes a two-step process that involves both kettle cooking and
air frying.
According to the Court of Appeals' Memorandum, the suggestion that
the chips are exclusively air fried is belied by the plain language
of the front of the packaging. And the Panel agrees with the
district court that reasonable consumers would understand "kettle
cooked" to refer to the commonly understood method of deep frying
potato chips in oil.
The Panel finds that Husain's contention that "kettle cooked" could
refer to potato chips being cooked in water or steam is not
plausible. The Panel opines that the front label nowhere suggests
that the chips are cooked without oil or are exclusively air-fried.
Indeed, a front-label burst indicates that these chips have "30%
less fat than regular Kettle Brand" chips, and a reasonable
consumer would understand that the remaining fat content cannot
come from potatoes alone, without a significant amount of oil.
But even if the front label is ambiguous, the Panel finds the rest
of the packaging cures any ambiguity. The ingredients list on the
back panel lists "vegetable oils (canola, sunflower and/or
safflower)" as the second ingredient. The back of the packaging
likewise confirms the two-step cooking process, stating that "We
batch cook them in kettles, then air fry them for a light and
crispy crunch!" And there is also a pictorial depiction of potato
slices being dropped into a vat of boiling liquid that a reasonable
consumer would understand to be oil, especially given the visible
droplets bubbling out of the pot.
Given this context, the Panel points out no reasonable consumer
unsure of the meaning of the front label would be deceived into
thinking that the chips are not deep fried in oil.
Circuit Judge Mendoza dissents. Judge Mendoza notes that the
majority's conclusion that no reasonable consumer could be misled
by the Campbell Soup Company's "Air Fried" chip packaging departs
from the plausibility standard that governs at the
motion-to-dismiss stage and misconstrues how reasonable consumers
(rather than judges parsing labels with technical precision)
interact with food claims in a typical marketplace.
At the Rule 12(b)(6) stage, Judge Mendoza says the Panel's task is
only to determine whether a "reasonable consumer" could at least
plausibly conclude what the front of this packaging obviously
intends to communicate: that the chips are exclusively "Air Fried."
The complaint alleges exactly that, and the labeling readily
supports it. Judge Mendoza, therefore, dissents.
A full-text copy of the Court's Memorandum dated Dec. 10, 2025, is
available at https://tinyurl.com/56b88xe3 from the Ninth Circuit
Court of Appeals.
CATBIRD NYC: Trippett Sues Over Blind's Equal Access to Website
---------------------------------------------------------------
ALFRED TRIPPETT, individually and on behalf of all others similarly
situated, Plaintiff v. CATBIRD NYC LLC, Defendant, Case No.
1:25-cv-10223 (S.D.N.Y., December 10, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, the New York City Human Rights Law,
and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.catbirdnyc.com/, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of their
online goods, content, and services offered to the public through
the website.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Catbird NYC LLC is a company that sells online goods and services
in New York. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
Email: Glevy@glpcfirm.com
CERNER CORPORATION: Tice Suit Transferred to W.D. Missouri
----------------------------------------------------------
The case styled as Herbert Tice, on behalf of himself and others
similarly situated v. Cerner Corporation doing business as: Oracle
Health Inc., MedStar St. Mary's Hospital, St. Mary's Hospital of
St. Mary's County, Inc., Case No. 8:25-cv-03907 was transferred
from the U.S. District Court for the District of Maryland, to the
U.S. District Court for the Western District of Missouri on Dec.
15, 2025.
The District Court Clerk assigned Case No. 4:25-cv-00965-BP to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Cerner Corporation doing business as Oracle Health --
https://www.oracle.com/ -- is a US-based, multinational provider of
health information technology platforms and services.[BN]
The Plaintiffs are represented by:
Barrett J. Vahle, Esq.
377 Northwest Patch Court
Lee's Summit, MO 64081
Phone: (816) 656-1690
Email: vahle@stuevesiegel.com
- and -
Nikoletta Sara Mendrinos, Esq.
1 South St, 30th Floor
Baltimore, MD 21202
Phone: (410) 951-8824
Fax: (410) 539-6599
Email: nikoletta.mendrinos@murphyfalcon.com
The Defendant is represented by:
Thomas Bredar, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Phone: (212) 295-6343
Email: thomas.bredar@wilmerhale.com
CIRCUS AND EL DORADO: Faces Wiess Wage-and-Hour Suit in D. Nev.
---------------------------------------------------------------
CHAD WIESS, individually and on behalf of all other similarly
situated, Plaintiff v. CIRCUS AND EL DORADO JOINT VENTURE, LLC
d/b/a SILVER LEGACY RESORT CASINO; and DOES 1 through 50,
inclusive, Defendants, Case No. 3:25-cv-00723 (D. Nev., December
10, 2025) is a class action against the Defendants for unlawful tip
retention in violation of the Fair Labor Standards Act, conversion,
and unjust enrichment.
The Plaintiff was employed by the Defendants as a non-exempt hourly
paid casino dealer from on or around June 30, 2021, until on or
about October 22, 2025.
Circus and El Dorado Joint Venture, LLC, doing business as Silver
Legacy Resort Casino, is a casino owner and operator, located in
Reno, Nevada. [BN]
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK
325 W. Liberty Street
Reno, NV 89501
Telephone: (775) 284-1500
Facsimile: (775) 703-5027
Email: josh@thiermanbuck.com
leah@thiermanbuck.com
CITIBANK NA: Seeks More Time to Oppose Class Cert Bid
-----------------------------------------------------
In the class action lawsuit captioned as LETIDAS LOGISTICS, LLC,
individually and on behalf of all others similarly situated, v.
CITIBANK, N.A., and ROYAL BENGAL LOGISTICS, INC., Case No.
0:24-cv-61469-DSL (S.D. Fla.), the Defendants ask the Court to
enter an order
(1) extending its deadline to oppose the Plaintiff's motion for
class certification to Jan. 30, 2026; and
(2) extending the Plaintiff's reply deadline to Feb. 13, 2026.
In addition to the trial conflict, lead counsel for Citibank has a
pre-planned family vacation based around the holidays, which
already is being shortened due to trial preparation demands.
Citibank is the primary U.S. banking subsidiary of Citigroup, a
financial services multinational corporation.
A copy of the Defendants' motion dated Dec. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=H3oBB3 at no extra
charge.[CC]
The Defendants are represented by:
Edward M. Mullins, Esq.
Ana M. Barton, Esq.
Sujey Herrera, Esq.
John C. Scalzo, Esq.
REED SMITH LLP
200 S. Biscayne Blvd., Suite 2600
Miami, FL 33131
Telephone: (786) 747-0200
E-mail: Emullins@reedsmith.com
abarton@reedsmith.com
sherrera@reedsmith.com
jscalzo@reedsmith.com
DELTA STAR: Wilson Bid for Class Cert Tossed
--------------------------------------------
In the class action lawsuit captioned as MAX WILSON, v. DELTA STAR,
INC., Case No. 3:21-cv-07326-LB (N.D. Cal.), the Hon. Judge Beeler
entered an order denying motion for class certification.
Because the plaintiff does not meet the typicality requirement, the
court denies the motion for class certification. This resolves ECF
No. 76.
The court denies the motion to certify the class. The non-union
plaintiff's claims are not typical of the class, who are union
members. Additionally, for union members (who comprise the majority
of the putative class), LMRA preemption further bars certification
of claims requiring CBA interpretation.
The case is a putative class action brought by plaintiff Max Wilson
against his former employer, Delta Star alleging wage-and-hour
violations under California law. The plaintiff, a non-exempt hourly
employee who worked for Delta Star from approximately February 2017
to August 2021, moves for class certification under Fed. R. Civ. P.
23(b)(3) to certify nine subclasses of current and former
non-exempt employees in California based on: (1) unlawful rounding
of work hours to scheduled shift times; (2) automatic thirty-minute
deductions for meal periods; (3) failure to provide full,
uninterrupted thirty-minute meal breaks before the end of the fifth
hour of work; (4) failure to include non-discretionary bonuses in
the regular rate for overtime calculations; (5) failure to include
non-discretionary bonuses in the regular rate for sick pay
calculations; (6) failure to reimburse for necessary hand tools
where employees earned less than twice the minimum wage; (7)
failure to pay all wages due upon termination; (8) inaccurate wage
statements; and (9) unfair competition under Cal. Bus. & Prof. Code
section 17200 et seq.
Delta manufactures medium-power transformers, mobile transformers,
and mobile substations.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LwdxnK at no extra
charge.[CC]
DG STRATEGIC VII: Lewis Suit Removed to W.D. Washington
-------------------------------------------------------
The case captioned as Shaila Lewis, an individual, on behalf of
herself and others similarly situated v. DG STRATEGIC VII, LLC,
Case No. 25-2-05618-34 was removed from the Superior Court of the
State of Washington for Thurston County, to the United States
District Court for Western District of Washington on Dec. 15, 2025,
and assigned Case No. 3:25-cv-06125.
The Plaintiff's Complaint asserts a cause of action for violation
of the Washington Noncompetition Act. The Plaintiff brings her
claim on behalf of herself and a putative class under Washington
Civil Rule 23.[BN]
The Plaintiff is represented by:
Jason A. Rittereiser, Esq.
Donald W. Heyrich, Esq.
Rachel M. Emens, Esq.
Henry Brudney, Esq.
Joseph W. Wright, Esq.
Samuel N. Jackson, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
600 Stewart Street, Suite 901
Seattle, WA 98101
Email: jrittereiser@hkm.com
dheyrich@hkm.com
remens@hkm.com
hbrudney@hkm.com
jwright@hkm.com
sjackson@hkm.com
The Defendants are represented by:
Michael Scoville, Esq.
MCGUIREWOODS LLP
16631 6th Ave SW
Burien, WA 98166
Phone: (206) 718-2343
Email: mscoville@mcguirewoods.com
- and -
Amy Morrissey Turk, Esq.
MCGUIREWOODS LLP
World Trade Center
101 West Main Street, Suite 9000
Norfolk, VA 23510-1655
Phone: (757) 640-3711
Email: aturk@mcguirewoods.com
- and -
Paul M. Chappell, Esq.
MCGUIREWOODS LLP
2601 Olive Street, Suite 2100
Dallas, TX 75201
Phone: (214) 932-6400
Email: pchappell@mcguirewoods.com
DOLLAR TREE: Hearing on Class Cert Denial Bid Set for Jan. 22, 2026
-------------------------------------------------------------------
In the class action lawsuit captioned as CECILIA GODINES,
individually, and on behalf of others similarly situated, v. DOLLAR
TREE STORES, INC., a Virginia corporation; and DOES 1 through 25,
inclusive, Case No. 2:25-cv-01743-TLN-CSK (E.D. Cal.), the Hon.
Judge Nunley entered an order granting stipulation as to briefing
schedule on Dollar Tree's continued motion to deny class
certification.
1. The Plaintiff's opposition to the Defendant's motion to deny
class certification is due Feb. 6, 2026.
2. The Defendant's reply in support of its motion to deny class
certification is due Feb. 27, 2026.
3. The hearing on the Defendant's motion to deny class
certification currently set for Jan. 22, 2026, is continued
to March 19, 2026, at 2:00 p.m.
On Dec. 16, 2025, the Godines and Defendant Dollar Tree filed a
Stipulation as to Briefing Schedule on Dollar Tree's Continued
Motion to Deny Class Certification.
Concurrently, the Defendant filed a Notice of Continuation of
Dollar Tree's Motion to Deny Class Certification.
Dollar Tree is an American multi-price-point chain of discount
variety stores.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CPAYFN at no extra
charge.[CC]
DONALD TRUMP: Global Nurse Seeks to Certify Rule 23 Class
---------------------------------------------------------
In the class action lawsuit captioned as GLOBAL NURSE FORCE, et
al., v. DONALD J. TRUMP, in his official capacity as President of
the United States, et al., Case No. 4:25-cv-08454-HSG (N.D. Cal.),
the Plaintiffs, on Feb. 12, 2026, will move the Court for an entry
of an Order, pursuant to Federal Rules of Civil Procedure
23(a)(1)-(4), (b)(2), and (g),
(1) certifying the Class comprising:
"All U.S. employers who have filed or will file an H-1B
petition that is subject to the $100,000 fee under the
September 19, 2025 Proclamation, "Restriction on Entry of
Certain Nonimmigrant Workers," or the Proclamation's
implementing guidance, or would file such a petition but for
the fee, with the United States Citizenship and Immigration
Services received on or between Sept. 21, 2025 and Sept. 21,
2026, to employ a qualified temporary nonimmigrant worker in
a specialty occupation in the United States under 8 U.S.C.
section 1101(a)(15)(H)(i)(b) and 8 C.F.R. section
214.2(h)(1)(i).;
(2) appointing the Named Plaintiffs as Class Representatives;
and
(3) appointing counsel for the Named Plaintiffs as Class
Counsel.
On Friday, Sept. 19, 2025, the President issued a Proclamation
entitled "Restriction on Entry of Certain Nonimmigrant Workers,"
which conditions the adjudication of H-1B petitions on an
Employer's payment of $100,000 per petition.
The Plaintiffs are three of many thousands of employers adversely
affected by the Proclamation and the Agency Policies' unlawful
$100,000 Requirement.
A copy of the Plaintiffs' motion dated Dec. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=hcTm0z at no extra
charge.[CC]
The Plaintiffs are represented by:
Cynthia Liao, Esq.
Johanna M. Hickman, Esq.
Jennie L. Kneedler, Esq.
Steven Y. Bressler, Esq.
Elena Goldstein, Esq.
DEMOCRACY FORWARD FOUNDATION
Washington, DC 20043
Telephone: (202) 808-1982
E-mail: cliao@democracyforward.org
hhickman@democracyforward.org
jkneedler@democracyforward.org
sbressler@democracyforward.org
egoldstein@democracyforward.org
- and -
Kalpana Peddibhotla, Esq.
SOUTH ASIAN AMERICAN JUSTICE
COLLABORATIVE (SAAJCO)
333 W. San Carlos Street, Suite 600
San Jose, CA 95110
Telephone: (408) 550-9240
E-mail: kalpana@saajco.org
- and -
Jesse M. Bless, Esq.
BLESS LITIGATION LLC
6 Vineyard Lane
Georgetown MA 01833
Telephone: (781) 704-3897
E-mail: jesse@blesslitigation.com
- and -
Greg Siskind, Esq.
SISKIND SUSSER
1028 Oakhaven Road
Memphis, TN 38119
Telephone: (901) 682-6455
E-mail: gsiskind@visalaw.com
- and -
Zachary R. New, Esq.
JOSEPH & HALL, P.C.
12203 East Second Ave.
Aurora, CO 80011
Telephone: (303) 297-9171
E-mail: zachary@immigrationissues.com
- and -
Harini Srinivasan, Esq.
Aniko Schwarcz, Esq.
Alexandra Gray, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, 8th Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: hsrinivsan@cohenmilstein.com
aschwarcz@cohenmilstein.com
agray@cohenmilstein.com
- and -
Karen C. Tumlin, Esq.
Esther H. Sung, Esq.
Laura Flores-Perilla, Esq.
Hillary Li, Esq.
Brandon Galli-Graves, Esq.
Emily Satifka, Esq.
JUSTICE ACTION CENTER
Los Angeles, CA 90027
Telephone: (323) 450-7272
E-mail: karen.tumlin@justiceactioncenter.org
esther.sung@justiceactioncenter.org
laura.flores-perilla@justiceactioncenter.org
hillary.li@justiceactioncenter.org
brandon.galli-graves@justiceactioncenter.org
Emily.satifka@justiceactioncenter.org
- and -
Charles H. Kuck, Esq.
KUCK BAXTER LLC
365 Northridge Rd., Suite 300
Atlanta, GA 30350
Telephone: (404) 949-8154
E-mail: Ckuck@immigration.net
DOORDASH INC: Brown Suit Removed to N.D. California
---------------------------------------------------
The case captioned as Alfonso Brown and Miles Richardson,
individuals, in their individual and representative capacities v.
DOORDASH, INC., Case No. 21CV001828 was removed from the Superior
Court of the State of California, County of Alameda, to the United
States District Court for Northern District of California on Dec.
18, 2025, and assigned Case No. 3:25-cv-10817.
The Plaintiffs' lawsuit alleges that a federal trucking law--the
Federal Aviation Administration Authorization Act (the
"FAAAA")--preempts and nullifies Proposition 22, the California
ballot initiative that millions of Californian voters passed so
that local rideshare and delivery workers could remain independent
contractors.[BN]
The Defendants are represented by:
Joshua S. Lipshutz, Esq.
Elizabeth McCloskey, Esq.
GIBSON, DUNN & CRUTCHER LLP
One Embarcadero Center Suite 2600
San Francisco, CA 94111-3715
Phone: 415.393.8200
Facsimile: 415.393.8306
Email: jlipshutz@gibsondunn.com
emccloskey@gibsondunn.com
- and -
Michael Holecek, Esq.
Alexander N. Harris, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: mholecek@gibsondunn.com
aharris@gibsondunn.com
DOVENMUEHLE MORTGAGE: Custer Wins Class Cert Bid
------------------------------------------------
In the class action lawsuit captioned as GEORGE CUSTER, v.
DOVENMUEHLE MORTGAGE, INC., Case No. 1:24-cv-00306-CCE-LPA
(M.D.N.C.), the Hon. Judge Catherine C. Eagles entered an order
that:
1. The plaintiff's motion for class certification is granted.
2. The following class is certified:
"All persons (1) with a residential mortgage loan securing a
property in North Carolina, (2) serviced or subserviced by
DMI, (3) and who paid a pay-to-pay fee to DMI when making a
payment on their mortgage by telephone or an Interactive
Voice Response system between Apr. 10, 2020, and the date
class notice is approved."
3. George Custer is appointed class representative.
4. The Plaintiff's counsel, John W. Barrett, James L. Kauffman,
Bart Cohen, and Bailey & Glasser LLP, Benjamin M. Sheridan,
Jed R. Nolan, and Klein & Sheridan, LC PC, and Katherine M.
Aizpuru, Robin P. Bleiweis, and Tycko & Zavareeli LLP, are
appointed as class counsel.
5. The parties shall immediately begin work on gathering and
managing the information needed to provide class notice, if
that has not already been done.
6. The parties shall meet and confer about an appropriate class
notice, needed modifications to the trial schedule and
associated trial preparation deadlines, and any other
logistical or housekeeping matters raised as a result of this
Order.
The Court understands it should not rule on the fully briefed
summary judgment motion until after the opt-out period ends. No
later than Jan. 8, 2026, the parties shall file a Joint Submission
on Class Notice and Trial containing their joint proposal or, if
they fail to agree in full, dueling proposals with short briefs
directed to items of disagreement.
Mr. Custer alleges that DMI violates North Carolina law by charging
fees to customers who pay their mortgages by phone.
DMI operates as a loan servicer and sub-servicer across the United
States.
A copy of the Court's memorandum and order dated Dec. 18, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=XoTTPk
at no extra charge.[CC]
DREYER'S GRAND: Faces Class Lawsuit Over Misbranded Fruit Bars
--------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that a proposed class
action lawsuit alleges that Dreyer's Grand Ice Cream has
misrepresented its Outshine Fruit Bars, given that the purportedly
healthy snack contains a high amount of added sugar and synthetic
ingredients not found in real fruit.
The 44-page Dreyer's Grand Ice Cream class action lawsuit accuses
the defendant of falsely branding its Outshine Fruit Bar products,
which the company says are plant-based, made with real fruit and
tasting "like biting into a piece of ripe fruit," as a healthier
alternative to traditional popsicles, representations reinforced on
product packaging with images of fruits and plant leaves. Per the
case, the packaging for Outshine bars also displays a statement
that they contain "no artificial flavors" and represents that the
bars are essentially equivalent to "frozen fruit on a stick."
The complaint alleges, however, that the bars contain a plethora of
synthetic ingredients, including guar gum, carob bean gum, malic
acid, synthetic ascorbic acid and "natural flavor." The filing says
that "the need to supplement [Outshine fruit bars] with these
ingredients underscored that the products are engineered, processed
desserts, not simple frozen fruit."
Consumers are always on the lookout for healthier products, the
case explains, citing a peer-reviewed paper from the Food and Drug
Law Journal that says 62 percent of consumers avoid artificial
flavors. The complaint argues that the packaging for Outshine bars
has no "contains artificial flavors" statement, deliberately
misleading consumers into thinking the bars are made purely from
fruit.
The filing further claims that the Outshine bars "derive a
substantial portion of their sweetness from refined cane sugar
added during manufacturing." Additionally, "nothing on the front of
the package discloses that the products contain 24 grams of added
sugar, or that the majority of the sugar is not the natural sugar
found in whole fruit," the lawsuit mentions.
Reasonable consumers are "not expected to inspect" the product's
health claims, the complaint says. Consumers rely heavily on a
product's marketing and packaging, but "numerous studies
demonstrate most consumers cannot make accurate assessments of a
food's healthfulness based on the Nutrition Facts Panel," the suit
explains.
Labels for Outshine bars are intended to create a "healthy aura,"
the case charges, "while masking the fact that the products contain
highly processed and synthetic ingredients."
The suit says that consumers don't look at products "in a vacuum";
instead, they compare them to similar offerings from other brands.
Dreyer's, the case argues, uses language like "plant-based," "made
with real fruit," and "no artificial flavors." The Dreyer's class
action lawsuit alleges that consumers in search of a healthy
alternative to traditional popsicles see this language and are
misled into believing the product will not contain added sugar or
synthetic ingredients.
The Dreyer's Outshine class action lawsuit seeks to cover all
United States residents who, during the applicable statutory
period, purchased Outshine Fruit Bars primarily for consumption.
[GN]
E MORTGAGE: More Time to File Class Certification Sought
--------------------------------------------------------
In the class action lawsuit captioned as CAMERON SMITH,
individually and on behalf of all others similarly situated, v. E
MORTGAGE CAPITAL, INC., Case No. 2:25-cv-02532-MWC-MAR (C.D. Cal.),
the Parties ask the Court to enter an order granting their joint
motion to extend time the deadline for the Plaintiff to file a
motion for class certification.
While the Parties were engaged in the meet-and-confer process to
address outstanding discovery issues and obtain supplemental
responses from Defendant, Defendant's counsel informed the
Plaintiff's counsel of the need for a substitution of counsel.
Specifically, on Nov. 12, 2025, the Defendant filed a request for
substitution of attorney.
Additionally, the action involves relevant third-party discovery.
Plaintiff anticipates the need to serve subpoenas to obtain
information from third parties that may have knowledge of the
putative class data necessary to define the class and substantiate
class allegations.
Despite these challenges, the Plaintiff has been diligent in
pursuing discovery and working to advance the case. However, due to
the aforementioned circumstances, Plaintiff is not yet in a
position to move for class certification by the current deadline.
As such, the Parties request the Court extend the deadline to file
a Motion for Class Certification by 90 days. This extension would
amend the deadline as follows:
Current Deadline: New Proposed Date:
December 17, 2025 March 17, 2026
E mortgage Capital provides a wide range of competitive mortgage
and refinancing options.
A copy of the Parties' motion dated Dec. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9kUtt2 at no extra
charge.[CC]
The Plaintiff is represented by:
Gor Antonyan, Esq.
David J. McGlothlin, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: gor@kazlg.com
david@kazlg.com
The Defendant is represented by:
Garrick Patrick Vanderfin, Esq.
POLSINELLI LLP
900 W 48th Pl, Ste 900
Kansas City, MO 64112
Telephone: (816) 753-1000
E-mail: gvanderfin@polsinelli.com
ELEVANCE HEALTH: $2.5MM Class Settlement in Nixon Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT NIXON, et al., v.
ELEVANCE HEALTH, INC., et al., Case No. 3:19-cv-00076-GFVT-EBA
(E.D. Ky.), the Hon. Judge Van Tatenhove entered an order granting
the Plaintiff's unopposed motion for preliminary approval of class
action settlement.
1. The parties' joint motion for status conference is denied as
moot.
2. The plaintiff's unopposed motion for preliminary approval of
class-action settlement is granted. The Court preliminarily
approves the proposed Settlement.
3. The following class is conditionally certified for settlement
purposes:
"All persons covered by an employer-sponsored health
insurance plan governed by the Employee Retirement Income and
Security Act ("ERISA") that was either insured or
administered by Elevance Health (collectively, "Elevance
Health ERISA Plans"), who were denied coverage for minimally-
invasive sacroiliac joint fusion ("MISIJF") pursuant to
SURG.00127 between Sept. 20, 2017 and July 30, 2021, to whom
the Notice is mailed or attempted to be mailed, and who do
not properly exclude themselves from the Class in
accordance with the terms of the Agreement."
4. The Court confirms plaintiffs Robert Nixon, Jason Hecker,
Karmen Exley, and Arthur Karrick as Class Representatives.
5. A final fairness hearing is set on Tuesday, July 21, 2026, at
2:30 p.m. at the federal courthouse in Frankfort, Kentucky.
The case involves Elevance Health's denial of coverage for
minimally invasive sacroiliac joint fusion surgery as
"investigational" and "not medically necessary."
The total maximum settlement fund amount is $2,502,750. If the
total claims approved under the settlement exceeds the settlement
fund, reimbursements to class members will be reduced pro rata. Id.
Each class member who opts-in and receives approval is eligible to
receive up to $15,000 in reimbursement for any MISIJF procedure
they received between September 20, 2017, and July 30, 2021, for
which Elevance denied coverage.
Elevance provides medical, pharmacy, dental, vision, and behavioral
health insurance and services.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XrvSjs at no extra
charge.[CC]
ELITE ERA LLC: Cattani Files Suit in S.D. California
----------------------------------------------------
A class action lawsuit has been filed against Elite Era LLC, et al.
The case is styled as Joanne Cattani, for herself, as a private
attorney general, and on behalf of all others similarly situated v.
Elite Era LLC, Seal Skin Cover LLC, Case No. 3:25-cv-03581-BAS-KSC
(S.D. Cal., Dec. 15, 2025).
The nature of suit is stated as Other Fraud.
Elite Era LLC doing business as Seal Skin Covers --
https://sealskincovers.com/ -- is the fastest-growing cover brand
in America.[BN]
The Plaintiffs are represented by:
Daniel M. Hattis, Esq.
HATTIS, LUKACS & CORRINGTON (WA)
11711 SE 8th St, Ste 120
Bellevue, WA 98005
Phone: (425) 233-8628
Email: dan@hattislaw.com
EMBLEMHEALTH INC: Settlement in Cordova Gets Final Nod
------------------------------------------------------
In the class action lawsuit captioned as Dasya Maria Cordova and
Ada Casasus, on behalf of themselves and a class and collective of
similarly situated persons, v. EmblemHealth Inc. and EmblemHealth
Services Company, LLC, Case No. 1:22-cv-02933-JHR-GWG (S.D.N.Y.),
the Hon. Judge Rearden entered an order granting final approval of
class and collective action settlement.
EmblemHealth provides health care insurance and benefit plans.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KbdX1Y at no extra
charge.[CC]
EMMIGRANT SAVINGS: Scheduling Order Entered in Adamson Suit
-----------------------------------------------------------
In the class action lawsuit captioned as GEOFFREY ADAMSON, v.
EMMIGRANT SAVINGS BANK et al., Case No. 1:24-cv-06524-LGS-GWG
(S.D.N.Y.), the Hon. Judge Gorenstein entered a scheduling order as
followsL
1. All pre-trial applications, including those relating to
scheduling and discovery, shall be made to the undersigned
(except motions to dismiss or for judgment on the pleadings,
for injunctive relief, for summary judgment, or for class
certification). All applications must comply with this
Court=s Individual Practices, which are available through the
Clerk=s Office or at: https://nysd.uscourts.gov/hon-gabriel-
w-gorenstein
2. The parties should write to the Court at any time that they
wish to participate in Court-sponsored mediation.
3. All discovery (as well as requests for admissions) must be
initiated in time to be concluded by the deadline for all
discovery.
4. Discovery motions -- that is, any application pursuant to
Rules 26 through 37 or 45 - not only must comply with & 2.A.
of the Court's Individual Practices but also must be made
promptly after the cause for such a motion arises. In
addition, absent extraordinary circumstances no such
application will be considered if made later than 30 days
prior to the close of discovery. Untimely applications will
be denied.
5. Any application for an extension of the time limitations with
respect to any deadlines in this matter must be made as soon
as the cause for the extension becomes known to the party
making the application and must be made in accordance with
the Courts Individual Practices. The application must state
the position of all other parties on the proposed extension
and must show good cause therefor not foreseeable as of the
date of this Order. Failure to comply with the terms of this
Order may also result in sanctions.
Emigrant is a savings bank chartered by the state of New York.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JpMs3j at no extra
charge.[CC]
ENGLANDER TRANSPORTATION: Class Cert Bid Filing Extended to Dec. 29
-------------------------------------------------------------------
In the class action lawsuit captioned as Light v. Englander
Transportation, Inc. et al., Case No. 7:25-cv-00102 (W.D. Va.,
Filed Feb. 12, 2025), the Hon. Judge Michael F. Urbanski entered an
order granting the Plaintiff's Unopposed Motion for Extension of
Deadline to File Motion for Class Certification.
The deadline for Plaintiff to file a Motion for Class Certification
is extended to Dec. 29, 2025.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Englander offers refrigerated transportation of temperature
controlled commodities.[CC]
ENGLANDER TRANSPORTATION: Seeks More Time to File Response
----------------------------------------------------------
In the class action lawsuit captioned as TRAVIS LIGHT, individually
and on behalf of all others similarly situated, v. ENGLANDER
TRANSPORATION, INC., and FLEETMASTER EXPRESS, INC. Case No.
7:25-cv-00102-MFU-CKM (W.D. Va.), the Defendants ask the Court to
enter an order granting an extension of time until Jan. 23, 2026,
to file a response to the motion for class certification.
The Plaintiff does not object to this motion. On Dec. 17, 2025, the
Court entered an Order granting the Plaintiff's motion for
extension of time to file motion for class certification; and
extended the deadline to Dec. 29, 2025.
Counsel for the Defendants has scheduled a trip out of the country
from Dec. 24, 2025, through Jan. 14, 2026.
Englander offers refrigerated transportation of temperature
controlled commodities.
A copy of the Defendants' motion dated Dec. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=E5PdPU at no extra
charge.[CC]
The Plaintiff is represented by:
Harold L. Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: hlichten@llrlaw.com
osavytska@llrlaw.com
- and -
Jacob M. Small, Esq.
J. MADISON PLC
1750 Tysons Boulevard, Suite 1500
McLean, VA 22102
Telephone: (703) 910-5062
Facsimile: (703) 910-5107
E-mail: jmsmall@jmadisonplc.com
The Defendants are represented by:
Michael E. Barnsback, Esq.
O'HAGAN MEYER, PLLC
225 Reinekers Lane, Suite 300
Alexandria, VA 22314
Telephone: (703) 775-8601
E-mail: mbarnsback@ohaganmeyer.com
ENGLANDER TRANSPORTATION: Time to File Class Cert Response Extended
-------------------------------------------------------------------
In the class action lawsuit captioned as Light v. Englander
Transportation, Inc. et al., Case No. 7:25-cv-00102 (W.D. Va.,
Filed Feb. 12, 2025), the Hon. Judge Michael F. Urbanski entered an
order granting unopposed motion for extension of time to file
response.
The deadline for Defendants to file a response to the expected
motion for class certification is Jan. 23, 2026.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Englander offers refrigerated transportation of temperature
controlled commodities.[CC]
F5 INC: Faces Securities Class Action Lawsuit in W.D. Wash.
-----------------------------------------------------------
A securities class action lawsuit styled Smith v. F5, Inc., et al.,
No. 2:25-cv-02619 (W.D. Wash.) has been filed, seeking to represent
investors in F5 (NASDAQ: FFIV) who purchased or otherwise acquired
F5 securities between October 28, 2024 and October 27, 2025.
The lawsuit comes in the wake of F5's October 15, 2025 report that,
on August 9, 2025, it learned of a major cybersecurity incident
involving a nation-state actor that gained unauthorized access to
certain Company systems, including its highest revenue product (F5
BIG-IP). This and related subsequent disclosures drove the price of
F5 shares sharply lower.
National shareholders rights firm Hagens Berman continues to
investigate whether F5 timely reported the breach to investors and
its impact on the company's business. The firm urges F5 investors
who suffered substantial losses to submit your losses now. The firm
also encourages persons with knowledge who may be able to assist in
the investigation to contact its attorneys.
Class Period: Oct. 28, 2024 – Oct. 27, 2025
Lead Plaintiff Deadline: Feb. 17, 2026
Visit: www.hbsslaw.com/investor-fraud/ffiv
Contact the Firm Now: FFIV@hbsslaw.com
844-916-0895
F5, Inc. (FFIV) Securities Class Action:
The lawsuit is focused on the timing and propriety of F5's
disclosures about the sufficiency of its cybersecurity response
plan, the adverse effect of any cybersecurity incidents on its
business and growth prospects including its F5 BIG-IP products
which provide application delivery and security solutions.
Specifically, the complaint alleges that during the Class Period F5
assured investors that it "delivers the most effective and
comprehensive app and API security platform in the industry[]" and
claimed that it could uniquely address newly developing security
concerns while providing best-in-class security offerings.
Investors' expectations were dashed beginning on October 15, 2025.
That day, F5 revealed that "[o]n August 9, 2025, F5, Inc. [. . .]
learned that a highly sophisticated nation-state threat actor had
gained unauthorized access to certain Company systems." F5 also
disclosed "the threat actor maintained long-term, persistent access
to certain F5 systems, including the BIG-IP product development
environment and engineering knowledge management platform."
Still, the company assured investors "this incident has not had a
material impact on the Company's operations[.]"
This news sent the price of F5 shares down $47.82 (-13.9%) during
the two trading days ended October 16, 2025.
The incident's full impact became clearer on October 27, 2025. That
day, the company reported its Q4 and FY 2025 financial results and
guided for 2026 revenue growth of only 0% to 4% as compared to 2025
revenue growth of 10%. Management blamed the steep growth
deceleration "on what we see as potential near-term impact related
to the security incident[]" and said "it would be natural that in
some of our customers, at an executive level, we may see some
delays of approvals or delays of deals or additional approval, as
customers across a complex organization make sure that they want to
be reassured that their projects should move forward[.]"
This news sent the price of F5 shares down $22.83 (-7.8%) the next
day.
"We're focused on when F5 determined that the August 2025
cybersecurity incident was material and whether the company timely
informed investors consistent with the SEC's 4 business day rule
and which might have predated the October 15 disclosure," said Reed
Kathrein, the Hagens Berman partner leading the firm's
investigation.
If you invested in F5 and have substantial losses, or have
knowledge that may assist the firm's investigation, submit your
losses now »
Whistleblowers: Persons with non-public information regarding F5
should consider their options to help in the investigation or take
advantage of the SEC Whistleblower program. Under the new program,
whistleblowers who provide original information may receive rewards
totaling up to 30 percent of any successful recovery made by the
SEC. For more information, call Reed Kathrein at 844-916-0895 or
email FFIV@hbsslaw.com.
About Hagens Berman
Hagens Berman is a global plaintiffs' rights complex litigation
firm focusing on corporate accountability. The firm is home to a
robust practice and represents investors as well as whistleblowers,
workers, consumers and others in cases achieving real results for
those harmed by corporate negligence and other wrongdoings. Hagens
Berman's team has secured more than $2.9 billion in this area of
law. More about the firm and its successes can be found at
hbsslaw.com. Follow the firm for updates and news at
@ClassActionLaw.
Contact:
Reed Kathrein, Esq.
Tel: (844) 916-0895 [GN]
FANDOM INC: Settlement in Shah Gets Initial OK
----------------------------------------------
In the class action lawsuit captioned as VISHAL SHAH, and JAYDEN
KIM, on behalf of themselves and all others similarly situated, v.
FANDOM, INC., Case No. 3:24-cv-01062-RFL (N.D. Cal.), the Hon.
Judge Lin entered an order granting preliminary approval of class
action settlement as follows:
1. The Court preliminarily approves the Settlement Agreement and
the terms embodied therein pursuant to Fed. R. Civ. P.
23(e)(1). The Court preliminarily finds that the Settlement
Agreement is fair, reasonable, and adequate as to the
Settlement Class Members under the relevant considerations.
The Court preliminarily finds that the relief provided—a
non-
reversionary common settlement fund of $1.2 million—is
adequate considering, inter alia, the costs, risks, and delay
of trial and appeal, the alleged harm to Settlement Class
Members, and the proposed method of distributing payments to
the Settlement Class (i.e., direct payment via check).
2. The Court provisionally certifies, for settlement purposes
only, a "Settlement Class," pursuant to Fed. R. Civ. P. 23(a)
and 23(b)(3), consisting of:
"All persons who accessed www.gamespot.com, or any of its
subdomains, in California and had their information collected
by the Trackers between Jan. 5, 2023 to the present, meaning
the Effective Date of the Settlement."
3. The Court appoints the Plaintiffs Vishal Shah and Jayden Kim
as the Class Representatives to represent the Settlement
Class.
4. The Court appoints the law firm of Bursor & Fisher, P.A. as
Class Counsel for the Settlement Class.
5. The Court will hold a final approval hearing on May 19, 2026
at 1:30 p.m. both in person at the United States District
Court for the Northern District of California, located at 450
Golden Gate Avenue, Courtroom 15, 18th Floor, San Francisco,
California 94102 and via Zoom at
https://cand.uscourts.gov/judges/rfl/lin-rita-f.
Fandom is an entertainment company.
A copy of the Court's order dated Dec. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9j7Gj2 at no extra
charge.[CC]
FOUR SEASONS HOTELS: Campbell Sues Over Disability Discrimination
-----------------------------------------------------------------
Andree Campbell, and all others similarly situated v. Four Seasons
Hotels Limited and FTLFS Hotel Property LP, Case No.
0:25-cv-62594-XXXX (S.D. Fla., Dec. 15, 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 Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
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.
Accordingly, Defendant's website,
https://www.evelynsfortlauderdale.com/ (the "Website"), was
incompatible with Plaintiff's screen reading software and keyboard.
The fact that Plaintiff could not communicate with or within the
Website left Plaintiff feeling excluded, frustrated, and
humiliated, and gave Plaintiff a sense of isolation and
segregation, as Plaintiff is unable to participate in the same
shopping experience, with the same access to the services,
promotions, as provided at the Website and in the physical location
as the non-visually disabled public, says the complaint.
The Plaintiff is, and at all relevant times, has been blind and
visually disabled.
The Defendant owns, operates, and/or controls 141 worldwide based
properties specializing in luxury hotels, resorts, private
residences, and premium hospitality services, including the
restaurant.[BN]
The Plaintiff is represented by:
Aleksandra Kravets, Esq.
ALEKSANDRA KRAVETS, ESQ. P.A.
865 SW 113 Lane
Pembroke Pines, FL 33025
Phone: 347-268-9533
Email: ak@akesqpa.com
FRESH INC: Faces Class Suit Over Falsely Advertised Lip Products
----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Fresh, Inc. has been
hit with a proposed class action lawsuit that claims the beauty
company's Fresh Sugar lip products are falsely advertised, given
that the items, unbeknownst to consumers, do not contain sugar.
The 30-page class action lawsuit avers that, although Fresh
extensively markets its Fresh Sugar lip products as containing
and/or "infused with" real sugar, these claims are "false and
deceptive" and intended to mislead consumers into paying a premium
price.
Sugar is a desirable ingredient in beauty products due to its
properties as a humectant and a natural exfoliator, the case
explains. Per the suit, "[t]he simple carbohydrate we all know and
love" is also a natural source of glycolic acid, which can
encourage cell turnover and regeneration. As such, the lawsuit
says, consumers are willing to pay a premium for a product
containing sugar.
The filing argues that a reasonable consumer would look at the
"SUGAR" representations on the labels of Fresh Sugar lip products
and believe the items contain real sugar. The suit further contends
that consumers are "exposed to a pervasive marketing and
advertising campaign that consistently reinforces the unifying
message that the products contain sugar, thereby amplifying and
furthering the deception."
Per the complaint, Fresh intentionally emphasizes the presence of
sugar in its lip products; product descriptions contain key phrases
such as "powered by sugar from beet root and sugar cane" or
"infused with sugar."
Moreover, the case says that marketing for Fresh Sugar lip products
typically shows images of crystallized sugar, "directly associating
the beneficial skincare effects of sugar."
The class action lawsuit alleges that consumers are willing to pay
more for Fresh Sugar lip products because of the deceptive
marketing at issue. Had consumers known that the products do not
actually contain sugar, they would not be willing to pay as much
for them or purchase them at all, the complaint contends.
The Fresh products at issue in the lawsuit include, but are not
limited to, Fresh Sugar Lip Balm, Sugar Tinted Lip Balm in all
colors, Fresh Sugar Lip Treatment SPF 15, Sugar Advanced Therapy
Lip Treatment, and Sugar Advanced Therapy Lip Rescue Ointment.
Notably, the class action lawsuit states that "[Fresh] itself sells
other Fresh brand products bearing the claim 'SUGAR' on the front
label, but which do contain sugar," such as facial scrubs and
treatments. The suit argues that Fresh "clearly" could have easily
added sugar to any products bearing the "SUGAR" claim.
The Fresh Sugar class action lawsuit seeks to represent all
residents of the United States who purchased any of the Fresh Sugar
products at issue within the applicable statute of limitations
period. [GN]
FRESNO, CA: TwoHands Sues Over Homeless' Civil Rights Violations
----------------------------------------------------------------
WICKEY TWOHANDS and JOSEPH QUINNEY, individually and on behalf of
all others similarly situated, Plaintiffs v. CITY OF FRESNO, a
municipal corporation; STEVE ROCHA, in his individual and official
capacity; H. CORONA, in his individual and official capacity; OMAR
KHAN, in his individual and official capacity; DAVID PONEK, in his
individual and official capacity; and DOES 1-50, Defendants, Case
No. 1:25-cv-01797-SKO (E.D. Cal., December 10, 2025) is a class
action against the Defendants for violations under the United
States and California Constitutions, federal civil rights statutes,
and state law.
The suit challenges the City of Fresno's unconstitutional policies,
practices, and ordinances that criminalize homelessness and
systematically deprive unhoused individuals-particularly the
elderly and disabled-of their fundamental constitutional rights.
Through facially neutral but discriminatorily enforced laws, the
Defendants have created a regime that punishes poverty, destroys
personal property without due process, and subjects vulnerable
populations to arrest, harassment, and danger without providing
adequate shelter alternatives or reasonable accommodations. They
seek declaratory and injunctive relief to invalidate
unconstitutional ordinances and practices, as well as damages for
the violations they have suffered.
City of Fresno is a municipal corporation in California. [BN]
The Plaintiffs are represented by:
Kevin G. Little, Esq.
LAW OFFICE OF KEVIN G. LITTLE
Post Office Box 8656
Fresno, CA 93747
Telephone: (559) 342-5800
Facsimile: (559) 242-2400
Email: service@kevinglittle.com
GEISINGER SYSTEM: Agrees to Settle Class Action Suit for $28.5MM
----------------------------------------------------------------
Cotchett, Pitre & McCarthy LLP and Berger Montague PC announce
settlements totaling $28.5 million in a class action lawsuit
brought on behalf of healthcare workers employed by Geisinger
System Services, Inc. ("Geisinger") and Evangelical Community
Hospital ("Evangelical") from January 1, 2014 through August 5,
2020.
The lawsuit alleged that Geisinger and Evangelical agreed not to
recruit (or "poach") each other's healthcare workers. The lawsuit
further alleged that this agreement allowed Geisinger and
Evangelical to suppress wages and job mobility of their healthcare
workers. Geisinger and Evangelical deny the allegations and do not
admit any liability related to the allegations as part of these
settlements.
Who is included in the settlements?
Generally, you are member of the settlement class and eligible to
receive a share of the settlements if you are a person who worked
as a healthcare worker at Geisinger's or Evangelical's facilities
located in Union, Snyder, Northumberland, Montour, Lycoming, and/or
Columbia counties in Pennsylvania at any point from January 1, 2014
through August 5, 2020. Healthcare workers are nurses, physicians,
advanced practitioners, medical support personnel, and other
healthcare professionals (technicians, therapists, healthcare
managers, or other healthcare professionals who contribute to the
healthcare system in various capacities).
What do the settlements provide?
Geisinger agreed to pay $19 million and Evangelical agreed to pay
$9.5 million to settle this lawsuit. The total $28.5 million
settlement fund will pay money to eligible members of the
settlement class, attorneys' fees and expenses, notice and
settlement administration costs, taxes and tax expenses, and class
representative service awards.
How can I get a payment?
If you received a notice by mail or email showing your compensation
information, you are automatically included in the settlement class
and do not need to submit a proof of claim and release form to
receive payment. You are, however, encouraged to visit the
settlement website and provide the unique identifier and PIN number
provided on the notice form you received to verify that your name,
address, and compensation information are correct. The website
address is www.GeisingerEvanSettlement.com.
If your notice states in the "How Can I Get a Payment?" section
that you must complete IRS Form W-9, please use the unique ID and
PIN provided in your notice to complete and submit IRS Form W-9 for
tax reporting purposes. This action can be completed as part of the
update process noted above on the settlement website. If your
notice says this, you must complete this step in order to receive a
payment.
If you did not receive notice in the mail or by email but believe
you are a member of the settlement class, you must complete a proof
of claim and release form to receive money from the settlement
fund. This form must be submitted online or postmarked no later
than February 17, 2026.
Your total compensation at Geisinger and/or Evangelical from
January 1, 2014 through August 5, 2020 will be used to determine
your proportional (or pro rata) share of the settlement. All valid
and timely claimants will receive at least a $250 payment.
What are my rights?
Even if you do nothing, you will be bound by the Court's decisions.
If you want to keep your right to sue Geisinger and/or Evangelical
yourself, you must exclude yourself from the settlement class and
opt out of your share of the settlements by February 17, 2026. Even
if you do not exclude yourself from the settlement class and opt
out of the settlements, you may still object to the settlements by
February 17, 2026, if you find something objectionable about the
settlements. Detailed information about how to exclude yourself or
object is available on the website and in the notice.
The Court will hold a hearing on March 16, 2026 to determine
whether it will approve the settlements, as well as whether it will
approve a request for attorneys' fees of up to 33.33% of the
settlement fund, plus a proportional share of interest;
reimbursement of litigation costs and expenses of up to $3,500,000;
and a service award up to $10,000 for each class representative
($20,000 total). You or your own lawyer may appear and speak at the
hearing at your own expense. [GN]
HAND HOSPITALITY: Son Seeks Extensions of Discovery Deadlines
-------------------------------------------------------------
aIn the class action lawsuit captioned as Son, et al., v. HAND
Hospitality LLC et al., Case No. 1:22-cv-04639-RWL (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order granting motion for
extensions of discovery deadlines.
Current Deadline Proposed Deadline
Pre-class certification Nov. 13, 2025 Feb. 2, 2026
depositions:
The Plaintiffs' Rule 23 Dec. 18, 2025 March 19, 2026
motion:
The Defendant is a New York-based hospitality group.
A copy of the Plaintiffs' motion dated Dec. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yUovUc at no extra
charge.[CC]
The Plaintiffs are represented by:
Paige I. Piazza, Esq.
VIRGINIA & AMBINDER LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: ppiazza@vandallp.com
HOMESTEAD PLAZA: Pardo Files Suit Over ADA Breach
-------------------------------------------------
NIGEL FRANK DE LA TORRE PARDO, Plaintiff v. HOMESTEAD PLAZA GROUP
LLC, C&L QSR LLC D/B/A 3 PEPPER BURRITO CO, CSC OF LA LLC D/B/A
COLD STONE CREAMERY, FISHER DARYL D/B/A DARYL FISHER SUBWAY 6025
AKA SD3 INC. and FIRST WOK LEHIGH ACRES, INC. D/B/A FIRST WOK,
Defendants, Case No. 2:25-cv-01159 (M.D. Fla., December 12, 2025)
is a class action seeking injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the "Americans with
Disabilities Act" or "ADA".
HOMESTEAD PLAZA GROUP LLC owns, operates, and oversees a commercial
plaza property that is the subject of this ADA Complaint, with all
listed areas being open to the public. The subject commercial plaza
property is open to the public and is located in Lee County,
Florida. The individual Plaintiff visited the commercial property,
to include visits to the commercial plaza property and restaurant
businesses on May 21, 2025, and encountered multiple violations of
the ADA that directly affected his ability to use and enjoy the
property and the restaurants he visited within it. He often visits
the area to avail himself of the goods and services offered there,
and because it is approximately one and a half (1.5) miles or six
minutes from his house in Lehigh Acres and is near other business
and he frequents as a patron.
The complaint alleges that the Plaintiff has encountered
architectural barriers that are in violation of the ADA at the
subject commercial plaza property, and commercial restaurant
businesses within it. The barriers to access at Defendants'
commercial plaza property and restaurant businesses have each
denied or diminished Plaintiff's ability to visit the commercial
plaza property and have endangered his safety in violation of the
ADA. The barriers to access have likewise posed a risk of
injury(ies), embarrassment, and discomfort to Plaintiff and others
similarly situated, asserts the complaint.
Plaintiff NIGEL FRANK DE LA TORRE PARDO is an individual over
eighteen years of age, with a house in Lee County, Florida.
C&L QSR LLC D/B/A 3 PEPPER BURRITO CO. owns, operates and oversees
a commercial restaurant business within the subject commercial
plaza property, to include all areas open to the public to its
commercial business therein.
CSC OF LA LLC, D/B/A COLD STONE CREAMERY owns, operates and
oversees a commercial restaurant business within the subject
commercial plaza property, to include all areas open to the public
to its commercial business therein.
FISHER DARYL D/B/A DARYL FISHER SUBWAY 6025 AKA SD3, INC. owns,
operates and oversees a commercial restaurant business within the
subject commercial plaza property, to include all areas open to the
public to its commercial business therein.
FIRST WOK LEHIGH ACRES, INC. D/B/A FIRST WOK owns, operates and
oversees a commercial restaurant business within the subject
commercial plaza property, to include all areas open to the public
to its commercial business therein.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Lee County, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
Primary E-mail: ajp@ajperezlawgroup.com
jr@ajperezlawgroup.com
mds@ajperezlawgroup.com
HOTEL JEROME: Faces Class Action Lawsuit Over J-1 Visa Violations
-----------------------------------------------------------------
Rick Carroll of Aspen Daily News reports that another Aspen lodging
property has been hit with civil allegations that it short-changed
foreign-exchange employees in violation of state labor laws.
On Dec. 5, Denver law firm Towards Justice filed a class action
complaint alleging that Hotel Jerome, under the ownership Auberge
Resorts Aspen Inc., failed to ensure that its J-1 Visa "employees
received all required breaks during their shifts, (failed) to pay
employee for breaks missed during their shifts, unlawfully
(deducted) from employee wages for employer provided housing, and
(required) employees to pay business expenses for foreign worker
costs."
The suit names Hotel Jerome's parent company, Auberge Resorts
Aspen, as the defendant.
Auberge Resorts Aspen Inc. is part of the Bethesda, Maryland-based
Auberge Collection of luxury properties that include four in
Colorado -- Hotel Jerome, both Element 52 and Madeline Hotel and
Residences in Telluride, and the Sleeping Indian Lodge in Ridgway
-- as well as others in California, Hawaii, Maine, Utah, Greece,
Mexico, France and elsewhere.
It's the second class-action Towards Justice has taken to Pitkin
County District Court regarding J-1 wages since October 2023, when
the firm sued Marriott International for its handling of J-1
workers at the St. Regis Aspen. Marriott in December 2023
transferred the suit, which also is proposed as a class action, to
the U.S. District Court in Denver, where it's pending.
Towards Justice also represented an on-mountain restaurant worker
in a class-action suit against Aspen Skiing Co. That case -- which
applied to all eligible SkiCo employees and not just J-1 workers --
was resolved in February when SkiCo agreed to a $1.575 million
class-action settlement. The amount was to be split between cash
payments and retail vouchers and settle claims that thousands of
hourly workers were underpaid for on-mountain travel time and
denied legally required rest breaks.
SkiCo admitted no wrongdoing, and its representatives at the time
said the settlement reflected the company's decision to avoid the
cost and uncertainty of a lengthy class litigation, with payments
ranging from $5 to $375 for eligible current and former employees,
attorney fees and compensation for the named plaintiff, Craig
Stout. SkiCo maintained its pay practices complied with Colorado
law.
Meanwhile, the most-recent suit alleging illegal low wages was
filed by a plaintiff who, through a J-1 Visa program, worked as an
hourly employee from November 2023 to May 2024 at Hotel Jerome on
Main Street. The plaintiff is from Portugal, according to Towards
Justice attorney Victoria Guzman, who filed the suit with colleague
Alexander Hood of the same firm.
Plaintiff Goncalo Ferreira Martins is suing both "individually and
on behalf of all others similarly situated" as employees at Hotel
Jerome. The suit says eligible class members are "all hourly
employees who worked for defendant at the Hotel Jerome on J-1 visas
in Colorado from three years prior to the filing of this lawsuit
through final judgment." Martins worked in the hotel's banquet
services.
Guzman said that "we're roughly estimating that there might be
about 45 J-1 workers (eligible for the class)," noting that figure
"will change with discovery."
According to the lawsuit, Martins was employed through a J-1 visa
program, which prohibited him from lawfully working for any
employer other than Hotel Jerome. To participate in the program and
be available for work, Martins alleges he incurred nearly $2,800 in
travel, visa and sponsor-related expenses that were not reimbursed
by the employer. Those costs were business-related expenses that
should have been covered under the Colorado Wage Claim Act, the
suit argues.
The lawsuit further alleges that Hotel Jerome unlawfully passed
those expenses onto Martins and other similarly situated workers,
effectively deducting them from wages. During the employment
period, the plaintiff worked at the defendant's Aspen location and
lived in employer-provided housing, sharing a two-bedroom apartment
with three other individuals, the suit says.
Hotel Jerome charged Martins $447.50 per paycheck for the housing,
the lawsuit alleges, noting housing was necessary for the job
because no viable non-employer housing was available within
commuting distance of the hotel, making the housing primarily for
the employer's benefit. As a result, Martins' suit says the housing
deductions were unlawful. Alternatively, the lawsuit argues that
even if the housing were deemed to benefit the employee, the
deductions reduced wages below minimum wage on at least one
paycheck, in violation of state law.
The suit also alleges labor violations related to rest breaks. It
claims Martins typically worked five days per week in eight-hour
shifts but did not consistently receive required 10-minute rest
breaks and was not paid for missed breaks. Colorado law requires
employers to provide a paid 10-minute rest period for every four
hours worked, the suit says.
The lawsuit alleges Hotel Jerome failed to provide required rest
breaks to non-exempt employees and failed to compensate workers
when breaks were missed. By unlawfully deducting housing costs,
passing business expenses onto employees, and failing to provide or
pay for rest breaks, the complaint claims the defendant violated
the Colorado Wage Claim Act and Minimum Wage Act, resulting in
unpaid minimum wages, straight time and overtime.
"This case is in line with our projected goals of representing
mistreated immigrants and rural workers in mountain counties who
are often taken advantage of by these large corporations in very
wealthy areas because they're lacking the resources and support
networks that empower them to enforce their rights," Guzman said.
A message left with Auberge Resorts' corporate communications
office on December 16 and a message with Hotel Jerome's executive
office on the next day were not returned.
Elsewhere, in Towards Justice's lawsuit filed on behalf of
plaintiff Daniel Esteban Camas López, Marriott International is
pushing back against making it a class action that could encompass
nearly a decade of foreign trainees at the St. Regis Aspen Resort.
Marriott is seeking an oral argument over the class certification,
according to court records.
The case alleges that interns were exploited as cheap labor in
violation of state and federal human-trafficking laws, the federal
Trafficking Victims Protection Act and RICO statutes -- claims
Marriott denies.
López's suit claims his J-1 internship devolved into long hours of
menial labor inconsistent with the program's educational purpose,
paid at $14 an hour, with $800 a month deducted from his paycheck
for shared housing the suit describes as dilapidated. Marriott has
countered that López voluntarily joined the program, was properly
trained, housed and compensated in compliance with J-1
requirements, and that his allegations are speculative and
unsupported by discovery -- arguments the company says should
prevent the case from proceeding as a class action. [GN]
HUMANGOOD SOCAL: Duran Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against HUMANGOOD SOCAL. The
case is styled as Eufemia Duran, on behalf of herself and others
similarly situated v. HUMANGOOD SOCAL, Case No. 25STCV35672 (Cal.
Super. Ct., Los Angeles Cty., Dec. 5, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
HumanGood -- https://www.humangood.org/ -- is one of the largest
nonprofit provider of senior housing and services in the nation
with 125+ Life Plan and Affordable Housing Communities.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI EBRAHIMIAN, LLP
8889 West Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Phone: (310) 432-0000
Email: jlavi@lelawfirm.com
HURRICANE, UT: Airbnb Hosts File Class Suit Over New Ordinances
---------------------------------------------------------------
Samantha Hoffman of KUTV reports that Airbnb hosting businesses in
Hurricane City said they are undergoing "threat" and "bullying"
from the city to comply with new ordinances.
A Hurricane resident made claims on social media, saying the city
was circumventing state law.
"Hurricane City has been circumventing Utah law and costing us
thousands -- destroying our businesses," the post states.
The resident said 32 people have reached out with shared
experiences.
The dispute centers on city ordinance 10-51-14 b(4), which went
into effect in February 2023. The ordinance regulates residential
hosting facilities, such as Airbnbs, adding requirements related to
the number of rooms, building type, and parking, among other
areas.
He said he has been made to comply with the maximum number of
rentable guest rooms, though he said he's been hosting since before
the ordinance went into effect.
Fred Resch, Hurricane city planner, said a home in violation of
city ordinance 10-51-14 b(4) would be "renting out more rooms than
they're supposed to."
"If violations of the ordinance are found, we do prosecute those as
needed," Resch said.
The resident claimed Utah Code 10-9a-511 grandfathers in his
property, adding that he is in talks with Airbnb's legal team for a
class action lawsuit against the city. The lawsuit is intended to
make the city respect grandfathered rights and recover lost
revenue.
"Under the threat of massive fines and license revocation,
Hurricane City is ignoring state law and forcing many of us to shut
down rooms, reject bookings requests, struggle to pay mortgages on
homes we bought specifically for this purpose," the resident wrote
in the post.
He added that many hosts buy larger and more expensive homes than
they can otherwise afford with the intention of renting through
Airbnb.
"Because of Hurricane City's unlawful intimidation, many hosts are
struggling financially," the post states. "Some hosts are already
on the verge of foreclosure.
2News has reached out to Hurricane City with additional questions,
and has not yet heard back.
"For 10 years we helped build Hurricane's tourism," the resident
said. "We housed the hundreds of thousands of tourists who spent
money at our restaurants, state parks, events, and rental shops. We
live here. We vote here. The city doesn't get to destroy our
livelihoods and hand our business over to non-resident non-voting
out-of-town developers."
The full list of development standards for residential hosting
facilities in Hurricane, Utah is available at
https://library.municode.com/ut/hurricane/codes/code_of_ordinances?nodeId=TIT10LAUSRE_CH51TRLOFA_S10-51-14REHOFA
[GN]
HUT CAROLINAS: Court Narrows Claims in Jones Suit
-------------------------------------------------
In the class action lawsuit captioned as SANANDA JONES,
individually and on behalf of all others similarly situated, V. HUT
CAROLINAS LLC; HUT AMERICAN GROUP, LLC; and DOES 1 to 25, Case No.
5:25-cv-00106-BO-RJ (E.D.N.C.), the Hon. Judge Boyle entered an
order granting the Defendants' partial motion to dismiss.
The Plaintiffs individual and class allegations involving
defendants' restaurants that plaintiff has never visited are
dismissed in accordance with the foregoing. The Plaintiffs Title
III ADA claim as to the Raeford Road Pizza Hut will proceed.
The Plaintiff's complaint fails to plausibly allege any common
policy, design, or plan which caused her or any putative class
member's alleged injury, nor does plaintiff plausibly allege that
the other Pizza Hut restaurants identified in her complaint were
constructed or contain a design, blueprint, or layout which is
common to each of the restaurants.
The Plaintiff commenced this action on behalf of herself and others
similarly situated to address alleged violations of Title III of
the Americans with Disabilities Act (ADA), and its implementing
regulations.
A copy of the Court's order dated Dec. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JTaYKN at no extra
charge.[CC]
INFOSYS MCCAMISH: Class Settlement in McNally Suit Gets Final Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as JOHN MCNALLY, et al., v.
INFOSYS MCCAMISH SYSTEMS, LLC, Case No. 1:24-cv-00995-JPB (N.D.
Ga.), the Hon. Judge Boulee entered an order granting final
approval of class action settlement.
1. The Court grants the Plaintiffs' motion for attorneys' fees,
litigation costs and service awards. The Court awards Class
Counsel $5,833,333.33 in attorneys' fees and reimbursement of
litigation expenses of $45,281.57, as well as service awards
of $2,500 to settlement class representatives to be paid
according to the terms of the settlement agreement.
2. The Court grants final approval to its appointment the
Plaintiffs John McNally, Jonathan Ayres, Kelly Collins, Debora
Fisk, Patricia Kennemur, Deana Lindley, Vivian Lindley, Joyce
Newman, David Owens, Chianti Prosser, Mohamad Raychouni,
Nathaniel Seibert, Josh Strock and Kevin Williams as
Settlement Class Representatives.
3. The Court grants final approval to its appointment of Class
Counsel as provided in the Preliminary Approval Order,
appointing Patrick Barthle II of Morgan & Morgan Complex
Litigation Group, Gary M. Klinger of Milberg Coleman Bryson
Phillips Grossman PLLC, Kevin Laukaitis of Laukaitis Law LLC
and J. Cameron Tribble of Barnes Law Group, LLC.
4. The Court certifies the following Settlement Class for
settlement purposes under Fed. R. Civ. P. 23(a) and 23(b)(3),
subject to the Settlement Class exclusions set forth in the
Settlement Agreement:
"All persons residing in the United States whose Personal
Information was compromised in the Data Breach, including the
approximately 3.7 million individuals who were sent
individualized, statutory notice of the Data Breach."
Excluded from the Settlement Class are the judges presiding
over the Litigation and members of their direct families, and
Settlement Class Members who submit a valid Request for
Exclusion prior to the Opt-Out Deadline.
Infosys is the specialized life insurance and retirement services
arm of Infosys BPM.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7tck7G at no extra
charge.[CC]
INOVA HEALTH: Settlement Deal in Lugo Suit Gets Initial Nod
-----------------------------------------------------------
In the class action lawsuit captioned as PEDRO LUGO, individually
and on behalf of all similarly situated individuals, V. INOVA
HEALTH CARE SERVICES, Case No. 1:24-cv-00700-PTG-WEF (E.D. Va.),
the Hon. Judge Patricia Tolliver Giles entered an amended order
preliminarily approving class action settlement agreement,
directing notice of proposed class settlement, and scheduling a
final approval hearing.
-- For purposes of settlement only, the Court certifies and
orders that notice issue to the following Settlement Class:
"All individuals who may have visited an Inova public facing
website from April 29, 2022 through April 29, 2024 and had an
Inova MyChart Account and whose Private Information could have
been disclosed from the public facing websites to third
parties through the Facebook or Google pixel and other related
tracking technology without their authorization."
Excluded from the Settlement Class arc: (a) all persons who
timely and validly elect to exclude themselves from the
Settlement Class; (b) the Court and staff to whom this case is
assigned and any member of the Court's or staffs immediate
family; and (c) any individual who has already submitted
claims to arbitration against Defendant relevant to the
subject matter of the Litigation prior to the Court's entry of
its Preliminary Approval Order.
-- The Plaintiff Pedro Lugo is preliminarily appointed and
designated as Class Representative.
-- The Court preliminarily appoints the following counsel to
serve as Class Counsel on behalf of the Plaintiff and the
Settlement Class: Kyle McNew ofMiehic Hamlett PLLC, and Eugene
Y. 'furin. Jordan R. Frysinger. and William Kingston of
McGuire Law, P.C
-- A final approval hearing shall be held before the Court on
April 16, 2026 at 10:00 am.
Inova offers home health and long-term care services.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KXCMni at no extra
charge.[CC]
The Plaintiff is represented by:
Jordan R. Frysinger, Esq.
MCGUIRE LAW. P.C.
55 W Wackcr Dr.. 9th Fl.
Chicago, II, 60601
The Defendant is represented by:
Bryan T. Kostura, Esq.
MCDONALD HOPKINS LLC
600 Superior Ave., East Suite
2100 Cleveland, OH 44114
INSURANCE TRIPLE: Friel Bid to Commence Discovery OK'd
------------------------------------------------------
In the class action lawsuit captioned as JOSEPH FRIEL, individually
and on behalf of a class of all persons and entities similarly
situated, v. INSURANCE TRIPLE E, LLC, Case No. 3:25-cv-01857-JKM
(M.D. Pa.), the Hon. Judge Munley entered an order that:
1) The Plaintiff's motion to commence discovery is granted.
2) The Plaintiff shall have until April 3, 2026 to conduct class
certification and damages related discovery.
3) On or before the discovery deadline, the plaintiff shall
file a motion for default judgment.
4) On or before the discovery deadline, the plaintiff shall also
file a status report as to whether he will proceed with a
motion for class certification.
On Nov. 24, 2025, the Clerk of Court entered default against
Defendant Insurance Triple E, LLC in this putative class action for
violations of the Telephone Consumer Protection Act of 1991
("TCPA"). Before the court is a motion to commence discovery filed
by Plaintiff Joseph Friel.
Friel brings this action on behalf of himself and two separately
defined proposed classes, a Robocall Class and a National Do Not
Call Registry Class. He needs evidence to move forward with
certification. District courts throughout the United States
routinely permit TCPA plaintiffs to conduct discovery where a
motion for default judgment has been filed, but discovery is
necessary to resolve issues such as class certification and
damages.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GTSdHV at no extra
charge.[CC]
INSURIFY INC: Hafizi Sues Over Unlawful Telemarketing Messages
--------------------------------------------------------------
UMID HAFIZI, individually and on behalf of all others similarly
situated, Plaintiff v. INSURIFY, INC., Defendant, Case No.
1:25-cv-06728-DLI-JRC (E.D.N.Y., December 5, 2025) is a putative
class action pursuant against the Defendant to secure redress for
their violations of the Telephone Consumer Protection Act.
According to the complaint, to promote its services, the Defendant
engages in aggressive text messaging marketing campaigns to
consumers, including Plaintiff, with no regard for their rights
under the TCPA, and continues to send text messages to consumers
even after they opt out from Defendant's messages.
Through this action, the Plaintiff seeks injunctive relief to halt
Defendant's unlawful conduct, which has resulted in the intrusion
upon seclusion, invasion of privacy, harassment, aggravation, and
disruption of the daily life of Plaintiff and the Class members.
The Plaintiff also seeks statutory damages on behalf of himself and
the members of the Class, and any other available legal or
equitable remedies.
Insurify, Inc. owns and operates Insurify.com, a car insurance
aggregation website that refers persons making inquiries to local
car insurance agents.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
50 Main Street, Suite 475
White Plains, NY 10606
Telephone: (914) 874-0708
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
- and -
Julia K. Venditti, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jvenditti@bursor.com
jglatt@bursor.com
INTEGER HOLDINGS: Artificially Inflated Stock Prices, West Alleges
------------------------------------------------------------------
WEST PALM BEACH FIREFIGHTERS' PENSION FUND, on behalf of itself and
all others similarly situated, Plaintiff v. INTEGER HOLDINGS
CORPORATION, JOSEPH W. DZIEDZIC, DIRON SMITH, and PAYMAN KHALES,
Defendants, Case No. 1:25-cv-10251 (S.D.N.Y., December 10, 2025) is
a class action against the Defendants for violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule
10b-5 promulgated thereunder.
According to the complaint, the Defendants made materially false
and misleading statements concerning the company's
electrophysiology (EP) market in order to trade Integer common
stock at artificially inflated prices between July 25, 2024 and
October 22, 2025. Specifically, the Defendants misled investors
regarding the company's market position in the growing EP market
and vastly overstated demand for Integer's EP devices. In reality,
the demand for Integer's EP devices had fallen off a cliff. Indeed,
rather than the company's EP business outpacing market growth in
the burgeoning EP market, revenue growth from Integer's EP devices
was in fact decelerating.
When the truth emerged, Integer common stock fell $35.22 per share,
or more than 32 percent, to a closing price of $73.89 per share on
October 23, 2025. The Plaintiff and similarly situated investors
have sustained significant damages as a result of the Defendants'
misleading statements.
Integer Holdings Corporation is a global medical device contract
manufacturer, with its principal executive offices in Plano, Texas.
[BN]
The Plaintiff is represented by:
Marco A. Duenas, Esq.
SAXENA WHITE PA
10 Bank Street, Suite 882
White Plains, NY 10606
Telephone: (914) 437-8551
Facsimile: (888) 631-3611
Email: mduenas@saxenawhite.com
- and -
Maya Saxena, Esq.
Lester R. Hooker, Esq.
SAXENA WHITE PA
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Telephone: (561) 394-3399
Facsimile: (561) 394-3382
Email: msaxena@saxenawhite.com
lhooker@saxenawhite.com
- and -
Robert D. Klausner, Esq.
KLAUSNER KAUFMAN JENSEN & LEVINSON
7080 NW 4th Street
Plantation, FL 33317
Telephone: (954) 916-1202
Facsimile: (954) 916-1232
Email: bob@robertdklausner.com
INTERNATIONAL LONGSHOREMEN'S: Dodd Seeks Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as LAUREN DODD, et al., v.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1475, Case No.
4:23-cv-00327-RSB-CLR (S.D. Ga.), the Plaintiffs ask the Court to
enter an order certifying the following class pursuant to Fed. R.
Civ. P. 23(a) and (b)(3) and appointing Plaintiffs Lauren Dodd,
Richard Smith, and Amanda Hammond as class representatives.
The Class should be defined as follows:
"All persons who Local 1475 assigned to Subclass HH2 on June
19, 2023."
The Plaintiffs further seek an order appointing Kevin D.
Fitzpatrick, Jr. and Charles R. Bridgers as class counsel pursuant
to Fed. R. Civ. P. 23(g).
The Defendant is a union of maritime workers.
A copy of the Plaintiffs' motion dated Dec. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=grAZbX at no extra
charge.[CC]
The Plaintiffs are represented by:
Charles R. Bridgers, Esq.
Kevin D. Fitzpatrick, Jr., Esq.
DELONG CALDWELL BRIDGERS
FITZPATRICK & BENJAMIN, LLC
1425-A Dutch Valley Place NE
Atlanta, GA 30324
Telephone: (404) 979-3150
E-mail: charlesbridgers@dcbflegal.com
kevin.fitzpatrick@dcbflegal.com
INTERNATIONAL PAPER: Court Stays Sermeno Suit
---------------------------------------------
In the class action lawsuit captioned as Josue Sermeno v.
International Paper Company, Case No. 8:25-cv-01892-AH-MAR (C.D.
Cal.), the Hon. Judge entered an order granting the Defendant's
motion to stay.
The case is stayed pending a ruling on a motion for class
certification in Magana. The parties are ordered to file a joint
status report within 14 days of such ruling.
The Plaintiff was employed by the Defendant as a non-exempt
employee from November 2022 to January 2025.
International Paper is an American pulp and paper company.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fvX761 at no extra
charge.[CC]
JACK'S FAMILY: Brown Sues Over Failure to Pay Overtime Wages
------------------------------------------------------------
Sherry Brown and Justine Tyus, on behalf of themselves and on all
others similarly situated v. JACK'S FAMILY RESTAURANTS, LP, Case
No. 2:25-cv-02135-MHH (N.D. Ala., Dec. 15, 2025), is brought under
the Fair Labor Standards Act ("FLSA") as a result of the
Defendant's failure to pay overtime wages.
The Defendant requires its assistant managers, including
Plaintiffs, to work in excess of forty hours in a week without
receiving all due and owed overtime wages. The Plaintiffs and the
Class Members are hourly paid employees whose work does not fall
under the definition of exempt work under the FLSA. Defendant's
conduct violates the FLSA, which requires non-exempt employees to
be compensated for all hours in excess of forty in a workweek at no
less than one and one-half times their regular rates of pay, says
the complaint.
The Plaintiffs worked as assistant managers for restaurants owned
by Defendant.
The Defendant owns and operates a chain of restaurants known as
"Jack's" with locations across Alabama, Georgia, Mississippi, and
Tennessee.[BN]
The Plaintiff is represented by:
Henry F. (Hank) Sherrod, III, Esq.
HENRY F. SHERROD III, P.C.
119 South Court Street
Florence, AL 35630
Phone: 256-764-4141
Fax: 877-684-0802
Email: hank@alcivilrights.com
- and -
Don J. Foty, Esq.
FOTY LAW GROUP
2 Greenway Plaza, Suite 250
Houston, TX 77046
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: dfoty@fotylawgroup.com
JAMF HOLDING: Misleads Shareholders to OK Merger, Bushansky Says
----------------------------------------------------------------
STEPHEN BUSHANSKY, individually and on behalf of all others
similarly situated, Plaintiff v. JAMF HOLDING CORP., DAVID BREACH,
ANDRE DURAND, MICHAEL FOSNAUGH, DEAN HAGER, KEVIN KLAUSMEYER, VINA
M. LEITE, CHRISTINA LEMA, JOHN STROSAHL, and MARTIN TAYLOR,
Defendants, Case No. 2025-1434 (Del. Ch., December 10, 2025) is a
class action against the Defendants for breach of fiduciary
duties.
According to the complaint, the Defendants authorized the filing of
materially false and misleading Proxy statements that failed to
provide all material information related to a merger consideration,
which would sale Jamf for $13.05 per share in cash to affiliates of
Francisco Partners Management LP. Specifically, the Proxy
statements concerning the conflict posed to Kirkland by the
Francisco Partners representations and Vista representations during
the Jamf's sale process. As a result of the Defendants' breaches of
fiduciary duty, the Plaintiff and other Jamf stockholders will be
harmed by being deprived of their right to cast fully informed
votes with respect to the merger at the special meeting and not
being able to receive the benefit that would result from a topping
bid made by any party currently restricted from making a topping
bid due to the standstills that have not been waived.
Jamf Holding Corp. is a global technology investor, with its
principal executive office located in Minneapolis, Minnesota. [BN]
The Plaintiff is represented by:
Ryan M. Ernst, Esq.
BIELLI & KLAUDER, LLC
1204 N. King Street
Wilmington, DE 19801
Telephone: (302) 803-4600
Email: rernst@bk-legal.com
- and -
Michael A. Rogovin, Esq.
WEISS LAW
350 Lockwood Terr.
Decatur, GA 30030
Telephone: (404) 692-7910
Facsimile: (212) 682-3010
JASON LUO: "Levy" Gets Leave to Amend Complaint
-----------------------------------------------
In the case captioned as SHMUEL LEVY, Individually and on Behalf of
All Others Similarly Situated, Plaintiff, v. JASON LUO, JAMES
TAYLOR, ALBERT LI, MARSHALL KIEV, DAVID BORIS, and BDO USA, LLP,
Defendants, Civil Action No. 23-653-GBW (D. Del.), Judge Gregory B.
Williams of the United States District Court for the District of
Delaware sustains in part and overrules in part Plaintiffs
Objections to the Report and Recommendation and adopts in part the
Report and Recommendation on motions to dismiss the Amended Class
Action Complaint.
On November 14, 2023, Shmuel Levy filed an Amended Class Action
Complaint alleging securities law violations, on behalf of all
direct purchasers of common stock of Electric Last Mile Solutions,
Inc. in a private investment in public entity PIPE offering,
against Jason Luo, James Taylor, Albert Li, Marshall Kiev, David
Boris, the Individual Defendants, and BDO USA, LLP.
On February 7, 2025, Magistrate Judge Laura D. Hatcher entered a
Report and Recommendation recommending that the Court grant the
following motions:
1. Defendant James Taylor's Motion to Dismiss the Amended Class
Action Complaint;
2. Defendant Albert Li's Motion to Dismiss the Amended Class Action
Complaint;
3. Defendant BDO USA, LLP's Motion to Dismiss the Amended Class
Action Complaint;
4. Defendants David Boris and Marshall Kiev's Motion to Dismiss the
Amended Class Action Complaint;
5. Defendant Jason Luo's Motion to Dismiss the Amended Class Action
Complaint. On February 21, 2025, Levy filed his Objections to
Report and Recommendation, objecting to Judge Hatcher's Report and
Recommendation on four distinct grounds.
On March 7, 2025, Taylor, BDO, Li, and Luo filed responses to
Levy's Objections.
This dispute arises out of Plaintiffs and the putative class's 130
million participation and investment in a PIPE offering conducted
in connection with the June 25, 2021 merger of FIII, a special
purpose acquisition company SPAC, and Electric Last Mile, Inc. The
post-merger company, ELMS, filed for bankruptcy and is not a
defendant in this action. The Amended Complaint asserts claims
under Section 10(b) of the Exchange Act against all Defendants and
SEC Rule 10b-5 Count I and Section 20(a) of the Exchange Act
against the Individual Defendants. FIII was a SPAC created with the
sole purpose of identifying and merging with a privately held
business. Following an initial public offering in August of 2020,
FIII identified ELM, a company created by Defendants Luo and Taylor
to manufacture utility vehicles for last mile deliveries, as their
target. On September 18, 2020, FIII and ELM executed a letter of
intent to merge the two companies, estimating the value of the
post-merger enterprise at 1.3 billion.
On December 11, 2020, FIII announced that the two companies had
executed a definitive merger agreement, subject to shareholder
approval. On June 9, 2021, FIII issued a Proxy to solicit votes for
the merger. On June 24, 2021, FIII shareholders voted to approve
the merger and close the PIPE offering.
Prior to the announcement and the Proxy, on November 19, 2020, Luo
and Taylor caused ELM to issue 99,000 shares of ELM common stock
for 10 per share, of which approximately 79 went to entities owned
and controlled by Luo and 6.5 went to entities owned and controlled
by Taylor the November 2020 Equity Transaction. Each of the shares
could be exchanged for over 800 shares of ELMS common stock that
was also valued at 10 per share thus, each ELM share purchased for
10 effectively became worth 8,000 post-merger when exchanged for
ELMS common stock. On December 8, 2020, Luo sold 1,000 shares of
ELM common stock to an entity owned and controlled by Hailiang
Jerry Hu and Benjamin Wu, ELM's Chief Operating Officer and General
Counsel, respectively the December 2020 Equity Transaction. The
Proxy disclosed the fact of the 2020 Equity Transactions, but
Plaintiff alleges that Defendants failed to properly record the
share-based compensation at fair market value or disclose that the
sale of shares was below fair market value. On December 10, 2020,
FIII and the PIPE investors executed the Offering Memorandum-a
private placement of 130 million worth of shares of unregistered
common stock of FIII.
The Court summarized Judge Hatcher’s recommendations: Plaintiff
had standing but failed to plead that Luo, Taylor, or Li were
“makers” of statements under Janus; failed to establish
scienter for Boris and Kiev; and BDO’s audit was an “opinion”
and not actionable. The derivative Section 20(a) claims depended on
the success of the Section 10(b) claims.
Upon review, the Court held that the audit’s labeling as an
“opinion” was correct but found the Amended Complaint
sufficiently alleged that BDO did not sincerely believe its audit
opinion because it ignored clear auditing standards on executive
stock transactions. Accordingly, Plaintiff’s objection was
sustained as to BDO’s audit but rejected on all other issues.
The Court adopted Judge Hatcher’s findings that (a) Plaintiff
failed to show Luo, Taylor, and Li made actionable statements, (b)
scienter was not adequately pled for Boris or Kiev, and (c)
derivative Section 20(a) claims were insufficient absent a
predicate Section 10(b) violation.
Therefore, the Court sustained in part and overruled in part the
objections and allowed Levy to amend his complaint within the
framework of its findings. The case remains a putative, uncertified
class action.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=a0iVjp from PacerMonitor.com
JBL PREMIER: Harty Sues Over Discriminative Property
----------------------------------------------------
Owen Harty, individually and on behalf of all other similarly
situated v. JBL PREMIER NW 119TH MIAMI, LLC and BIJON RESTAURANT,
INC., Case No. 1:25-cv-25879-DSL (S.D. Fla., Dec. 15, 2025), is
brought for injunctive relief, attorneys' fees, litigation
expenses, and costs pursuant to the Americans with Disabilities Act
("ADA") as a result of the Defendant's discrimination against the
individual Plaintiff by denying him access to, and full and equal
enjoyment of, the goods, services, facilities, privileges,
advantages and/or accommodations of the Commercial Property and
business located therein, as prohibited by the ADA.
Although well over 33 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead-time and the extensive publicity the ADA has received
since 1990, Defendant has continued to discriminate against people
who is disabled in ways that block them from access and use of
Defendant's property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
restaurant, including but not necessarily limited to the
allegations of this Complaint. Plaintiff has reasonable grounds to
believe that he will continue to be subjected to discrimination at
the commercial property, in violation of the ADA. The Defendants
have discriminated against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
JBL PREMIER NW 119TH MIAMI, LLC, owned and operated a commercial
property.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
JEFF RUBY CULINARY: Court Approves FLSA Settlement in Lamb
----------------------------------------------------------
In the class action lawsuit captioned as JONATHAN LAMB et al., on
behalf of themselves and all others similarly situated v. JEFF RUBY
CULINARY ENTERTAINMENT, INC. et al., Case No. 3:25-cv-00949 (M.D.
Tenn.), the Hon. Judge Holmes entered an order as follows:
1. The Court preliminarily certifies for settlement purposes
only, the following proposed Rule 23 Classes:
"All employes in tip credit eligible positions employed by
the Defendants at their Ohio restaurants at any time from
Sept. 12, 2021, to July 11, 2025"; (the "Rule 23 Ohio
Class"); and
"All employees in tip credit eligible positions employed by
the Defendants at their Kentucky restaurants at any time from
Feb. 27, 2019, to July 11, 2025"; (the "Rule 23 Kentucky
Class").
All members of the Rule 23 Ohio Class and the Rule 23
Kentucky Class are set forth on revised Exhibit B to the
Settlement Agreement.
2. The Court conditionally approves: (a) Named Plaintiff
Johnathan Lamb as Class Representative of the Rule 23
Kentucky Class; and (b) Named Plaintiff Jim Belmont as Class
Representative of the Rule 23 Ohio Class.
3. The Court conditionally appoints as Class Counsel for the
Rule 23 Classes David W. Garrison, Joshua A. Frank, and
Nicole A. Chanin of Barrett Johnston Martin & Garrison, PLLC;
and Robert E. DeRose of Barkan Meizlish DeRose Cox, LLP.
4. A Fairness Hearing will be held on May 19, 2026 at 3:00 p.m.
(CT).
5. The Court finds that the parties' resolution of the FLSA
claims set forth in the Settlement represents a fair and
reasonable resolution of bona fide disputes regarding the
FLSA claims asserted and approves all forms and procedures
for notice of the FLSA settlement set forth in the
Settlement. The FLSA Settlement is therefore approved.
Jeff operates as a restaurant.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LiggHg at no extra
charge.[CC]
JITO LABS: Faces Refiled Class Action Suit Over MEV Trading Scheme
------------------------------------------------------------------
Trading View reports that a US court is once again being asked to
weigh in on maximal extractable value (MEV) practices after a judge
allowed new evidence to be added to a class-action lawsuit tied to
a memecoin platform.
The judge granted a motion to amend and refile a class-action
lawsuit to include new evidence against memecoin launch platform
Pump.fun, MEV infrastructure firm Jito Labs, Solana Labs, the
Solana Foundation and others.
The motion said over 5,000 pieces of evidence in the form of
internal chat logs were submitted by a "confidential informant" in
September that were previously unavailable. The filing said:
"Plaintiffs assert that the logs contain contemporaneous
discussions among Pump.fun, Solana Labs, Jito Labs, and others
concerning the alleged scheme, and that they materially clarify the
enterprise's management, coordination, and communications."
The lawsuit, originally filed in July, alleges that the Pump.fun
platform deliberately misled retail investors by marketing memecoin
launches as "fair," but engaged in a scheme with Solana validators
to front-run retail participants through maximal extractable value
(MEV).
Maximal extractable value is a technique that involves reordering
transactions within a block to maximize profit for MEV arbitrageurs
and validators.
The plaintiffs allege that Pump.fun used MEV techniques to give
insiders preferential access to new tokens at a low value, which
were then pumped and dumped onto retail participants, who were used
as exit liquidity by insiders.
Cointelegraph reached out to Burwick Law, the legal firm
representing the plaintiffs, as well as Pump.fun, Jito Labs and the
Solana Foundation, but did not receive any responses by the time of
publication.
The lawsuit could set a precedent for MEV cases in the United
States, as the ethics of the practice continue to be debated within
the crypto industry and legal bodies struggle to define proper
regulations about the highly technical subject.
The MEV bot trial leaves questions unanswered
Anton and James Peraire-Bueno, the brothers accused of using a MEV
trading bot to make millions of dollars in profit, went to trial in
November in the US.
Prosecutors argued that the brothers tricked victims out of their
funds, but defense attorneys said that they were executing a
legitimate trading strategy and did not do anything illegal.
The jury struggled to reach a verdict in the case, and several
jurors requested additional information to clarify the complexities
surrounding the technical specifics of blockchain technology.
The case ended in a mistrial after the jury was deadlocked and
failed to reach a verdict, highlighting the complexity of
adjudicating legal disputes surrounding the application of nascent
financial technology. [GN]
JOHN KRUMME: Filing for Class Cert Bid in Minshew Due June 1, 2026
------------------------------------------------------------------
In the class action lawsuit captioned as GERALYN MINSHEW,
individually and on behalf of all others similarly situated, et
al., v. JOHN W. KRUMME, MD, et al., Case No. 2:25-cv-02467-DDC-ADM
(D. Kan.), the Hon. Judge Mitchell entered a Phase I -- class
certification stage scheduling order:
Event Deadline
Jointly proposed protective order Jan. 6, 2025
resubmitted to court or request pre-motion
conference (only if parties disagree about
need for and/or scope of order)
The Plaintiffs' settlement proposal Jan. 30, 2026
The Defendants' settlement counterproposal Feb. 12, 2026
Jointly filed mediation notice, or March 2, 2026
confidential settlement reports to
magistrate judge:
Motions to amend: March 2, 2026
All class certification-related discovery June 1, 2026
completed:
Motions for class certification & June 1, 2026
plaintiffs' expert disclosures on
class-certification related issues:
Responses to class certification motions July 1, 2026
and defendants' expert disclosures on class
certification-related issues:
Replies to class certification motions: July 15, 2026
Dr. John Krumme, MD is a board certified orthopedic surgeon in
Albuquerque, New Mexico. He is affiliated with University of New
Mexico Hospital.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=AP2KWr at no extra
charge.[CC]
JONES & CO: Bid to Strike Class Allegations Partly OK'd
-------------------------------------------------------
In the class action lawsuit captioned as BRYAN D. WINTER, on behalf
of himself and all others similarly situated, v. EDWARD D. JONES &
CO., L.P. et al., Case No. 4:25-cv-00299-SRC (E.D. Mo.), the Hon.
Judge Stephen Clark entered an order granting in part and denying
in part Edward Jones's Motion to Strike Class Allegations.
Specifically, the Court orders the class allegations struck insofar
as Winter (1) brings claims of discrimination based on sex or
sexual orientation; (2) seeks injunctive or declaratory relief on
behalf of himself and the members of the class; and (3) seeks class
certification under Rule 23(b)(1) or 23(b)(2).
The Court grants Winter leave to file, no later than January 2,
2026, an amended complaint that conforms to the Court's rulings.
The Court denies Edward Jones's Motion to Strike Class Allegations
on all other grounds. Finally, the Court denies, without prejudice,
Edward Jones's Motion to Compel Arbitration.
In sum, the Court finds that Winter's Second Amended Complaint
establishes a legal basis for certifying his proposed classes.
Winter properly alleges that he meets the requirements of Rule
23(a) to the extent he seeks to recover damages on behalf of the
classes based on alleged race discrimination.
He also properly alleges that his proposed classes meet at least
one of the requirements under Rule 23(b). Winter may not, however,
seek injunctive or declaratory relief.
Based on the foregoing facts, Winter seeks to certify a class of
"All white men who do not identify as LGBTQ+, and who worked
for Edward Jones as a financial advisor at any time since
March 10, 2021" (the "SWM Class").
This class would include two subclasses. The first, known as
the "Goodknight Subclass," includes
"All members of the SWM Class who were eligible for a
Goodknight at any time since March 10, 2021."
And the second, known as the "Advancement Subclass," includes
"All members of the SWM Class who were eligible for
promotion or advancement at any time since March 10, 2021."
Bryan Winter alleges that Edward Jones's equity policy—which
pervades aspects of its promotion, advancement, and termination
decisions—unlawfully discriminates against straight white male
employees. Winter seeks to certify a class action on behalf of
similar Edward Jones employees. Edward Jones responds that the
Court cannot certify a class due to conflicts among proposed class
members; thus, the argument goes, Winter must arbitrate his claims
under securities-industry rules. The Court addresses Edward
Jones’s motion to strike the class allegations and compel
arbitration.
Edward Jones provides financial services across more than 15,000
offices in the United States.
A copy of the Court's memorandum and order dated Dec. 18, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=fUOdsKat
no extra charge.[CC]
KROGER CO: Womick Seeks Extension of Class Cert Briefing
--------------------------------------------------------
In the class action lawsuit captioned as ANTHONY WOMICK, on behalf
of himself and all others similarly situated, v. THE KROGER
COMPANY, Case No. 3:21-cv-00574-NJR (S.D. Ill.), the Plaintiff and
the Defendant ask the Court to enter an order granting a 65-day
extension of the current class certification briefing and expert
disclosure schedule to accommodate the parties' agreed upon dates
for the depositions of Plaintiff's experts.
Accordingly, after meeting and conferring, the parties agree that a
modification of the class certification briefing and expert
disclosure deadlines is necessary, so that the depositions of these
expert witnesses can be completed and transcripts returned with
enough time so that Kroger can incorporate the same into its
Response as necessary.
As a result, the parties request an extension of 65 days for
Kroger's deadline to file the response to the motion for class
certification and class certification expert reports to March 18,
2026, and extending the Plaintiff's deadline to file the reply in
support of motion for class certification and rebuttal expert
reports to May 22, 2026.
On Sept. 4, 2025, the Court entered an Order granting the Parties'
Joint Motion to Amend Class Certification Briefing and Expert
Disclosure Deadlines.
On Nov. 12, 2025, the Plaintiff filed the Motion to Certify Class
and Memorandum of Law in Support.
Kroger is an American retail company that operates supermarkets and
multi-department stores.
A copy of the Parties' motion dated Dec. 18, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MGg7xM at no extra
charge.[CC]
The Plaintiff is represented by:
Thomas P. Rosenfeld, Esq.
Kevin P. Green, Esq.
Daniel S. Levy, Esq.
GOLDENBERG HELLER
& ANTOGNOLI, P.C.
2227 South State Route 157
Edwardsville, IL 62025
Telephone: (618) 656-5150
E-mail: tom@ghalaw.com
kevin@ghalaw.com
daniel@ghalaw.com
- and -
Mike Arias, Esq.
Anthony Jenkins, Esq.
ARIAS SANGUINETTI WANG &
TEAM LLP
6701 Center Drive West, 14th Floor
Los Angeles, CA 90045
Telephone: (310) 844-9696
Facsimile: (310) 861-0168
E-mail: mike@aswtlawyers.com
anthony@aswtlawyers.com
The Defendant is represented by:
Bruce A. McMullen, Esq.
Mary Wu Tullis, Esq.
BAKER, DONELSON, BEARMAN,
CALDWELL, AND BERKOWITZ, PC
165 Madison Ave., Suite. 2000
Memphis, TN 38103
Telephone: (901) 526-2000
E-mail: bmcmullen@bakerdonelson.com
mtullis@bakerdonelson.com
L'OREAL USA: Kim Suit Removed to W.D. Washington
------------------------------------------------
The case captioned as Sohyun Kim, on her own behalf and on behalf
of others similarly situated v. L'OREAL USA S/D, INC., Case No.
25-2-10335-31 was removed from the Superior Court for Snohomish
County, to the United States District Court for Western District of
Washington on Dec. 15, 2025, and assigned Case No. 2:25-cv-02568.
On November 25, 2025, Plaintiff Sohyun Kim, acting individually and
on behalf of a purported class she seeks to represent, served the
Complaint and Summons on L'Oréal's registered agent, Corporate
Services Company.[BN]
The Plaintiff is represented by:
Ellery Johannessen, Esq.
JOHANNESSEN LAW, PLLC
5400 California Ave. SW, Suite B
Seattle, WA 98136
Phone: (206) 594-0500
Email: ellery@eaj-law.com
- and -
Jeffrey C. Toppe, Esq.
THE TOPPE FIRM, LLC
4900 O'Hear Avenue, Suite 100
North Charleston, SC 29405
Phone: (323) 909-2011
Email: jct@toppefirm.com
The Defendants are represented by:
John Goldmark, Esq.
Caitlyn Courtney, Esq.
Ardie Ermac, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Phone: 206-622-3150
Email: johngoldmark@dwt.com
caitlyncourtney@dwt.com
ardieermac@dwt.com
LEMONAID HEALTH: Agrees to Settle Health Privacy Suit for $3.25MM
-----------------------------------------------------------------
Top class Actions reports that Lemonaid Health agreed to a $3.25
million class action lawsuit settlement to resolve claims it
violated federal privacy laws by using tracking pixels on its
website.
The settlement benefits individuals who visited Lemonaid Health's
website between June 30, 2019, and July 14, 2025.
According to the privacy class action lawsuit, Lemonaid Health used
tracking pixels on its website that disclosed users' health
information to third parties, such as Facebook and Google. The
plaintiffs claim this practice violated federal privacy laws.
Lemonaid Health, formerly part of 23andMe Holding Co. during the
class period, is an online health service that connects patients
with medical professionals and prescriptions.
Lemonaid Health has not admitted any wrongdoing but agreed to a
$3.25 million class action lawsuit settlement to resolve the
allegations.
Under the terms of the Lemonaid Health settlement, class members
can receive an equal share of the net settlement fund.
Exact payment amounts will vary depending on the number of
participating class members and the net settlement fund after
deductions for fees and costs. Class members can receive a higher
payment if they attest to having been harmed by the alleged privacy
violations.
The deadline for exclusion and objection is Jan. 5, 2026.
The final approval hearing for the Lemonaid Health settlement is
scheduled for Jan. 20, 2026.
To receive a settlement payment, class members must submit a valid
claim form by Feb. 23, 2026.
Who's Eligible
The settlement benefits individuals who visited Lemonaid Health's
website between June 30, 2019, and July 14, 2025.
Potential Award
TBD
Proof of Purchase
Claimants must provide the URL(s) of the Lemonaid Health webpage(s)
they visited during the class period.
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
02/23/2026
Case Name
In re Chrome Holding Co. (f/k/a 23andMe Holding Co.), et al., Case
No. 25-40976-357, in the U.S. Bankruptcy Court for the Eastern
District of Missouri
Final Hearing
01/20/2026
Settlement Website
LemonaidPixelSettlement.com
Claims Administrator
Lemonaid Pixel Settlement
c/o Kroll Settlement Administration
P.O. Box 225391
New York, NY 10150-5391
(833) 630-5415
Class Counsel
Matthew J. Langley
ALMEIDA LAW GROUP LLC
Nicholas A. Migliaccio
MIGLIACCIO & RATHOD LLP
Defense Counsel
Paul M. Basta
Christopher Hopkins
Jessica I. Choi
Grace C. Hotz
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP [GN]
LKQ PICK: Filing for Class Cert. Bid in Short Due August 10, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW SHORT, v. LKQ PICK
YOUR PART CENTRAL, LLC, Case No. 6:25-cv-01178-HLT-BGS (D. Kan.),
the Hon. Judge Severson entered a Phase 1 Class Certification
Scheduling Order:
Event Deadline
Jointly proposed protective order Jan. 9, 2026
submitted to court:
Motion and brief in support of proposed Jan. 9, 2026
protective order (only if parties disagree
about need for and/or scope of order)
Exchange of initial disclosure documents: Jan. 16, 2026
Motions to amend: March 3, 2026
Deadline to complete class certification July 10, 2026
discovery:
Deadline to file Motion for Class Aug. 10, 2026
Certification and Disclose Class-related
Experts:
Class Certification Experts: April 28, 2026
Class Certification Rebuttal experts: June 12, 2026
LKQ is a self-service auto salvage chain.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eBMJ1T at no extra
charge.[CC]
LOREAL USA INC: Kim Suit Removed to W.D. Washington
---------------------------------------------------
The case styled as Sohyun Kim, on her own behalf and on behalf of
others similarly situated v. Loreal USA, Inc., Case No.
25-00002-10335-31 was removed from the Snohomish County Superior
Court, to the U.S. District Court for the Western District of
Washington on Dec. 15, 2025.
The District Court Clerk assigned Case No. 2:25-cv-02566 to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
L'Oreal USA, Inc. -- https://www.loreal.com/en/usa/ -- manufactures
and markets cosmetic products. The Company's cosmetic line includes
brand names such as L'Oreal, L'Oreal Professionel, Maybelline,
Ralph Lauren Fragrances, and Georgio Armani Parfums.[BN]
The Plaintiffs are represented by:
Ellery Johannessen, Esq.
JOHANNESSEN LAW, PLLC
5400 California Ave. SW, Ste. E
Seattle, WA 98136
Phone: (206) 594-0479
Email: ellery@eaj-law.com
The Defendants are represented by:
Ardie Ermac, Esq.
Caitlyn Cowan Courtney, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Ave., Ste. 3300
Seattle, WA 98104
Phone: (206) 757-8176
Email: ardieermac@dwt.com
caitlyncourtney@dwt.com
LUXOTTICA OF AMERICA: Faces Class Action Over TCPA Violations
-------------------------------------------------------------
Top Class Actions reports that plaintiff Nicole Guan filed a class
action lawsuit against Luxottica of America Inc., doing business as
Pearle Vision.
Why: Guan claims Pearle Vision made unsolicited telemarketing calls
to consumers who had opted out of receiving them.
Where: The Pearle Vision class action lawsuit was filed in Texas
federal court.
Pearle Vision made unsolicited telemarketing calls to consumers who
had opted out of receiving them, according to a new class action
lawsuit.
Plaintiff Nicole Guan claims Pearle Vision, an optical retailer and
eye care provider, violated the Telephone Consumer Protection Act
(TCPA) by continuing to text message consumers after they had opted
out of its solicitations.
Guan further argues Pearle Vision's failure to honor her opt-out
request demonstrates a lack of procedures for handling such
requests, resulting in continued text message solicitations to her
and other consumers.
"Defendant continued to text message the plaintiff and class
members to harass them into making purchases from the defendant,"
the Pearle Vision class action lawsuit says.
Guan wants to represent a nationwide class of consumers who, within
a 12-month period and after they made a request not to receive
further communications, received more than one text message or
phone call from Pearle Vision encouraging them to schedule an
appointment.
Pearle Vision allegedly made unsolicited calls to consumers
Guan claims Pearle Vision's text messages were attempts to solicit
her business and patronage, even though she had no "ongoing
treatment relationship" with the company and did not require its
services.
Further, Guan argues she received text messages from Pearle Vision
encouraging her to schedule an appointment despite having
previously instructed the company to stop sending such messages.
"All of the defendant's text messages were a pretext for the sale
of goods or services and, on information and belief, the defendant
sent the texts to encourage the plaintiff and class members to
purchase the defendant's services," the Pearle Vision class action
lawsuit states.
The plaintiff seeks injunctive and declaratory relief along with an
award of statutory damages for herself and all class members.
Earlier this year, a consumer filed a similar class action lawsuit
against MyBookie Inc. over claims the sports betting company
ignored opt-out requests from consumers who received text messages
from them.
Have you received more than one phone call or text from Pearle
Vision after making a request to opt out of receiving
communications? Let us know in the comments.
The plaintiff is represented by Manuel S. Hiraldo of Hiraldo P.A.
The Pearle Vision class action lawsuit is Guan v. Luxottica of
America Inc., Case No. 1:25-cv-01904, in the U.S. District Court
for the Western District of Texas. [GN]
MARICOPA COUNTY, AZ: ACLU Opposes Attempt to Halt Racial Law Reform
-------------------------------------------------------------------
Maricopa County filed a motion on December 18 to prematurely end
court-ordered reforms in Ortega Melendres v. Sheridan, a class
action lawsuit that found MCSO engaged in racially discriminatory
policing practices and immigration enforcement in Arizona.
The move follows a court-ordered budget report which found that
MCSO improperly attributed tens of millions of spent taxpayer
dollars to this case. In addition to the widespread misuse of
county funds, MCSO has failed to fully achieve court-ordered
reforms, including reducing or eliminating racial disparities in
traffic stops and investigating allegations of deputy misconduct.
"Maricopa County's move to prematurely halt reforms in Melendres
ignores the enduring harm Latino residents have experienced at the
hands of MCSO," said Victoria Lopez, executive director for the
ACLU of Arizona. "This case is about ensuring meaningful, lasting
reform, not settling for temporary fixes. Ending oversight now
jeopardizes the progress made thus far and is a distraction from
working towards total compliance."
"The County's effort to end reforms now is like a doctor choosing
to end treatment when a patient's cancer is only partially cured."
Jenn Rolnick Borchetta, deputy director of the ACLU's Criminal Law
Reform Project. "The people of Maricopa County are entitled to
complete reform and protection against a return of the Arpaio days,
and the County has not yet delivered." [GN]
MATADOR GROUP: Faces Ganan Wage-and-Hour Suit in E.D.N.Y.
---------------------------------------------------------
JAIME OSWALDO VILLA GANAN and SEGUNDO PATRICIO VILLA GUAMAN,
individually and on behalf of all others similarly situated,
Plaintiffs v. MATADOR GROUP INC., TAURUS CONSTRUCTION GROUP INC.,
and RAFAL S. SMOLA, as an individual, Defendants, Case No.
1:25-cv-06735 (E.D.N.Y., December 5, 2025) arises from the
Defendants' unlawful labor practices in violation of the Fair Labor
Standards Act and the New York Labor Law.
The Plaintiffs allege the Defendants' failure to pay overtime,
failure to pay wages for all hours worked, failure to pay wages
owed on a weekly basis in which their wages were earned, failure to
provide written wage notice, and failure for furnish wage
statements upon each payment of wages.
Plaintiffs Ganan and Guaman were employed by the Defendants as
construction workers and painters while performing related
miscellaneous duties, from September 2024 until October 2025 and
from January 2017 until October 2025, respectively.
Matador Group Inc. is a domestic business corporation, organized
under the laws of the State of New York.[BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
MAX'S SERVICES: Class Cert Filing in Guerrero Due March 23, 2026
----------------------------------------------------------------
In the class action lawsuit captioned as NICOLAS GUERRERO, on
behalf of himself and all others similarly situated, V. MAX'S
SERVICES USA LLC, Case No. 3:25-cv-00806-REP (E.D. Va.), the Hon.
Judge Payne entered an order a class certification scheduling order
as follows:
(1) Class discovery shall conclude by Feb. 27, 2026;
(2) The Plaintiff shall file a motion for class certification on
March 23, 2026;
(3) The Defendant shall file a response to the motion for class
certification on April 10, 2026;
(4) The Plaintiff shall file his reply on April 17, 2026; and
(5) The hearing on the motion for class certification is
scheduled for 10:00 a.m. May 4, 2026.
Max's is a specialized logistics and installation company.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=J2NdnS at no extra
charge.[CC]
MCKENDREE UNIVERSITY: Court Approves Class Settlement in "DeLisle"
------------------------------------------------------------------
In the case captioned as Kelsey DeLisle and Riley Ponce, on behalf
of themselves and all others similarly situated, Plaintiffs, v.
McKendree University, Defendant, Case No. 20-cv-1073-SMY, Judge
Staci M. Yandle of the United States District Court for the
Southern District of Illinois granted final approval of the class
settlement and dismissed the action with prejudice.
This matter came before the Court on the Plaintiffs' Unopposed
Motion for Final Approval of Class Settlement and Memorandum in
Support. The Court reviewed the Motion, Memorandum, and papers
filed in support, and considered Counsel's arguments during the
December 18, 2025, Final Approval Hearing.
The Court certified for settlement purposes the Settlement Class,
as defined by the Settlement Agreement and the Court's Preliminary
Approval Order, pursuant to Fed. R. Civ. P 23(a) and (b). The
Settlement Class consists of any and all undergraduate students
enrolled in a class at any of McKendree University's physical
campus locations during the 2020 Spring Semester.
The Court found that Notice to the Settlement Class, as required by
Fed. R. Civ. P 23(e), was provided in accordance with the terms set
forth in the Settlement Agreement and Preliminary Approval Order.
Said Notice has been provided in an adequate and sufficient manner,
constitutes the best notice practicable under the circumstances,
and satisfies Fed. R. Civ. P 23(e).
The Court determined that the Settlement, as set forth in the
Settlement Agreement, is fair, reasonable and adequate to the
Settlement Class, given the likely complexity, expense, and
duration of litigation, coupled with the risks involved with trial
and maintaining said class through the appellate process. The
relief provided by this Settlement constitutes fair value given in
exchange for releasing all claims.
The Settlement Agreement is finally approved pursuant to Fed. R.
Civ. P 23(e). Each Settlement Class Member is permanently barred
and enjoined from instituting, maintaining, or prosecuting, either
directly or indirectly, any lawsuit that asserts Released Claims
against the Released Parties, as those terms are defined in the
Settlement Agreement.
Upon consideration of Class Counsel's application for fees and
costs, as contemplated in the Settlement Agreement, the Court
awarded $250,000, as reasonable attorneys' fees. This equates to
roughly 14% of the monetary value of Non-Cash Benefit to the
Settlement Class, and shall reimburse attorneys' fees, costs, and
expenses to be paid by McKendree University per the terms of the
Settlement Agreement.
Upon consideration of the application for individual service
awards, both Kelsey DeLisle and Riley Ponce were awarded $2,500
each, $5,000 total, in consideration for the services performed for
and on behalf of the Settlement Class to be paid by McKendree
University per the terms of the Settlement Agreement. The
Settlement Administrator, Atticus Administration LLC, is approved
for $9,300 as reimbursement for out-of-pocket expenses in the
administration of this Settlement to be paid by McKendree
University.
The Court found pursuant to Fed. R. Civ. P 54(b) that there is no
reason for delay, and this action was dismissed with prejudice.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=tCRofF from PacerMonitor.com
MDL 3164: Panel Denies Centralization of 41 Data Breach Suits
-------------------------------------------------------------
Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation, denies the transfer of a total of 41
actions from the U.S. District Courts for the Central District of
California, the Northern District of California, the Northern
District of Illinois, the District of Minnesota, and the Southern
District of New York for centralization of litigation under the
case captioned "In re: Salesforce, Inc., Customer Data Security
Breach Litigation," MDL No. 3164.
These putative class actions involve the theft of data from a
Salesforce customer's Salesforce database. The responding parties
take a variety of positions. All responding defendants oppose the
proposed Salesforce MDL to some degree.
The panel concludes that centralization of MDL No. 3164
(Salesforce) is not necessary as the actions listed present few
common questions of fact. Proponents of a Salesforce MDL argue that
all actions raise common questions of fact surrounding a
vulnerability in the Salesforce platform. Common questions of fact
that may exist does not necessarily justify centralization of a
large, multi-defendant MDL as the actions allege separate data
breaches affecting multiple different Salesforce customers, says
the panel. Each breach involved a social engineering attack
directly on a Salesforce customer, not an exploit of Salesforce
itself with downstream consequences. Different facts will emerge
for each Salesforce-customer defendant regarding how the attacks
were conducted, which employee was involved, how the employee
reacted, whether that defendant had procedures for guarding against
social engineering attacks, how that defendant responded to the
incident, and which types of personally identifiable information
were impacted. Most of the complaints do not mention Salesforce,
let alone allege that a common vulnerability in the Salesforce
platform was a crucial factor in each data breach.
"We also find centralization unnecessary because of the parties’
ongoing self-organization efforts," rules the panel. "In our view,
a multi-defendant Salesforce MDL will hinder, rather than promote,
the just and efficient conduct of the litigation."
A full-text copy of the court's December 16, 2025 order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3164-and-MDL-3170-Transfer_Order_and_Order_Denying_Transfer-12-25.pdf
MDL 3170: TransUnion Data Breach Suits Transferred to N.D. Ill.
---------------------------------------------------------------
Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation, transfers a total of 54 actions from the
U.S. District Courts for the Central of California, the Northern
District of California, the Northern District of Florida, the
Northern District of Illinois, and the Eastern District of
Pennsylvania, to the U.S. District Court for the Northern District
of Illinois and, with the consent of that court, assigned to the
Honorable Robert W. Gettleman for coordinated or consolidated
pretrial proceedings to proceed in "In re: Trans Union, LLC,
Customer Data Security Breach Litigation," MDL No. 3170.
Before the Panel were two dockets involving a series of data
breaches of Salesforce customers that occurred at various times
throughout 2025. One of those Salesforce customers, TransUnion,
moved for centralization of actions on October 3, 2025.
The panel finds that the actions involve common questions of fact
and that centralization of MDL No. 3170 (TransUnion) in the
Northern District of Illinois will serve the convenience of the
parties and witnesses and promote the just and efficient conduct of
the litigation.
"We are persuaded that a TransUnion MDL is appropriate," the panel
opines. There are 54 cases against TransUnion pending in five
district courts. All actions include claims against TransUnion
arising from the same data breach affecting TransUnion customers.
Plaintiffs' claims present common factual questions about the
TransUnion breach, such as what duties TransUnion owed to
plaintiffs to protect their PII, how the hackers executed their
social engineering attack on TransUnion, whether TransUnion had
adequate procedures in place to prevent the attack, and whether
TransUnion adequately responded to the breach.
Centralization will eliminate duplicative discovery; prevent
inconsistent pretrial rulings, particularly with respect to class
certification; and conserve the resources of the parties, their
counsel, and the judiciary, adds the panel. With actions pending in
five districts, it does not appear that efforts at
self-organization have succeeded, making the case for
centralization more compelling, the panel says.
"We are persuaded that the Northern District of Illinois is the
appropriate transferee district for the TransUnion MDL," the panel
concludes. "TransUnion's headquarters is in Chicago, and most
actions against TransUnion are already pending in the Northern
District of Illinois. We select Judge Robert W. Gettleman, who
presides over two TransUnion actions, as the transferee judge.
Judge Gettleman is an experienced jurist with the willingness and
ability to efficiently manage this litigation. We are confident
that he will steer this litigation on a prudent and expeditious
course."
A full-text copy of the court's December 16, 2025 transfer order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3164-and-MDL-3170-Transfer_Order_and_Order_Denying_Transfer-12-25.pdf
MERCK SHARP & DOHME: Murphy Sues Over Unpaid Overtime Compensation
------------------------------------------------------------------
James T. Murphy, Jr., on behalf of himself and all others similarly
situated v. MERCK SHARP & DOHME LLC, Case No. 1:25-cv-01145
(M.D.N.C., Dec. 15, 2025), is brought against Defendant under the
Fair Labor Standards Act ("FLSA"), and the North Carolina Wage and
Hour Act ("NCWHA"), for unpaid overtime compensation, unpaid wages,
and related penalties and damages.
The Defendant has a policy, pattern or practice of failing to pay
employees for all scheduled and overtime hours worked, and failing
to pay employees all earned, promised and accrued wages. In
particular, throughout the relevant period, Defendant has
maintained a corporate policy and practice of shaving Plaintiffs'
hours and failing to compensate employees for all hours worked at
the promised rate, for failing to properly calculate promised
overtime, and for failing to compensate Plaintiffs according to
their promised wages.
The Plaintiff asserts that he and the putative class, who work or
worked in North Carolina for Defendant Merck, are entitled to
compensation for all work performed for Defendant Merck, whether
the workweek totaled greater or fewer than 40 hours, compensation
at the appropriate overtime rate for all hours worked in excess of
40 per week, says the complaint.
The Plaintiff worked for the Defendant Merck at the Durham plant as
an operator technician.
Merck is a pharmaceutical company that manufactures medicines and
vaccines.[BN]
The Plaintiff is represented by:
Gilda A. Hernandez, Esq.
S. Byron Frazelle, Esq.
Laura Fisher, Esq.
THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
215 S. Academy St., Cary, NC, 27511
Phone: (919) 741-8693
Fax: (919) 869-1853
Email: ghernandez@gildahernandezlaw.com
sbfrazelle@gildahernandezlaw.com
lfisher@gildahernandezlaw.com
MERCURY SYSTEMS: Settlement in North Collier Gets Initial Nod
-------------------------------------------------------------
In the class action lawsuit captioned as NORTH COLLIER FIRE CONTROL
AND RESCUE DISTRICT FIREFIGHTERS' PENSION PLAN, Individually and on
Behalf of All Others Similarly Situated, v. MERCURY SYSTEMS, INC.,
et al., Case No. 1:23-cv-13065-WGY (D. Mass.), the Hon. Judge Young
entered an order preliminarily approving settlement and providing
for notice.
Mercury is a technology company serving the aerospace and defense
industry.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MLbNh6 at no extra
charge.[CC]
METLIFE INC: Smith Seeks Unpaid Overtime for Support Specialists
----------------------------------------------------------------
ANTWAUN SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. METLIFE, INC., Defendant, Case No.
1:25-cv-15004 (N.D. Ill., December 10, 2025) is a class action
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act and the Illinois Minimum
Wage Law.
The Plaintiff began his employment with the Defendant in or around
2004 and is presently employed as a Senior Claim Support Specialist
at the Defendant's office located in Aurora, Illinois. The
Plaintiff currently works remotely from his home in Naperville,
Illinois.
MetLife, Inc. is a financial services company, with its principal
place of business in New York, New York. [BN]
The Plaintiff is represented by:
Bret K. Pufahl, Esq.
Elizabeth C. Chavez, Esq.
Kathleen C. Chavez, Esq.
FOOTE CHAVEZ LAW, LLC
1541 E. Fabyan Parkway, Suite 101
Geneva, IL 60134
Telephone: (630) 232-7450
Email: bkp@fmcolaw.com
ecc@fmcolaw.com
kcc@fmcolaw.com
MICROSOFT CORP: Filing for Class Cert Bid Due June 5, 2026
----------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, Individually and
on Behalf of All Others Similarly Situated, v. MICROSOFT
CORPORATION, a Washington Corporation; QUALTRICS INTERNATIONAL
INC., a Delaware Corporation; and QUALTRICS LLC, a Delaware Limited
Liability Company, Case No. 2:23-cv-00718-RSM (W.D. Wash.), the
Hon. Judge Martinez entered an order amending case schedule as
follows:
Case Event New Deadline
Deadline for joinder of additional parties Feb. 26, 2026
and to amend pleadings:
Deadline for the Plaintiff to serve expert Mar. 4, 2026
report(s) relevant for class certification:
Deadline for the Defendants to serve expert Apr. 15, 2026
report(s) relevant to class certification:
Deadline to file/serve Plaintiff's motion June 5, 2026
for class certification:
Deadline for Defendants' response to be July 10, 2026
filed/served to the Plaintiff's motion
for class certification:
Deadline for Plaintiff's reply in support July 31, 2026
of class certification
Microsoft is an American multinational corporation and technology
company.
A copy of the Court's order dated Dec. 16, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fKL0Yz at no extra
charge.[CC]
The Plaintiff is represented by:
Alexander A. Baehr, Esq.
Molly J. Gibbons, Esq.
SUMMIT LAW GROUP, PLLC
315 Fifth Avenue S., Suite 1000
Seattle, WA 98104
E-mail: alexb@summitlaw.com
mollyg@summitlaw.com
- and -
Ekwan E. Rhow, Esq.
Marc E. Masters, Esq.
BIRD, MARELLA, BOXER, WOLPERT,
NESSIM, DROOKS, LINCENBERG, RHOW PC
1875 Century Park East, 23rd Floor
Los Angeles, CA 90067
Telephone: (310) 201-2100
E-mail: erhow@birdmarella.com
mmasters@birdmarella.com
- and -
Jonathan M. Rotter, Esq.
Holly K. Nye, Esq.
Takeo A. Kellar, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
E-mail: jrotter@glancylaw.com
tkellar@glancylaw.com
hnye@glancylaw.com
The Defendants are represented by:
Gregory L. Watts, Esq.
Tyre L. Tindall, Esq.
Samantha Alexandria-Booth Machock, Esq.
Caitlin McKelvie, Esq.
WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100
Seattle, WA 98104-7036
E-mail: gwatts@wsgr.com
ttindall@wsgr.com
smachock@wsgr.com
cmckelvie@wsgr.com
- and -
Phillip J. Wiese, Esq.
Ezra D. Church, Esq.
MORGAN, LEWIS & BOCKIUS LLP
2222 Market Street
Philadelphia, PA 19103
E-mail: ezra.church@morganlewis.com
phillip.wiese@morganlewis.com
- and -
Fred Burnside, Esq.
Xiang Li, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
E-mail: fredburnside@dwt.com
xiangli@dwt.com
MIDI HEALTH: Intercepts Electronic Communications, Baker Says
-------------------------------------------------------------
KRISTIN BAKER, individually and on behalf of all others similarly
situated, Plaintiff v. MIDI HEALTH, INC., Defendant, Case No.
5:25-cv-10414 (N.D. Cal., December 4, 2025) is a class action
lawsuit brought on behalf of the Plaintiff and all U.S. residents
who accessed and navigated www.joinmidi.com and whose electronic
communications were intercepted or recorded by third parties Google
LLC and TikTok Ltd. pursuant to the Electronic Communications
Privacy Act, the California Invasion of Privacy Act, and the
California Constitution.
According to the complaint, the Defendant undermined the importance
of safeguarding the identities and personal medical information of
individuals seeking women's health services and breached its
patients' trust -- violating state and federal law, including the
Health Insurance Portability and Accountability Act.
In pursuit of profit and without regard for patient privacy, the
Defendant aids, agrees with, employs, conspires, or otherwise
enables Third Parties to eavesdrop on communications sent and
received by Plaintiff and Class Members on the website, including
communications that contain protected health information and
personally identifiable information, says the suit.
Midi Health, Inc. provides patients with personalized care plans
that include hormonal and non-hormonal medications, supplements,
lifestyle coaching and more.[BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 2100
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
E-mail: swestcot@bursor.com
MONSANTO COMPANY: O'Neall Sues Over Wrongful Advertising
--------------------------------------------------------
Ricky O'Neall, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-290 MON (Del.
Super. Ct., Dec. 15, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an 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, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Rosini Sues Over Negligent Sale of Herbicide
--------------------------------------------------------------
Dennis Rosini, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-287 MON (Del.
Super. Ct., Dec. 15, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an 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, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Sennett Sues Over Negligent Advertising
---------------------------------------------------------
James Sennett, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-292 MON (Del.
Super. Ct., Dec. 15, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an 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, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MONSANTO COMPANY: Tucker Sues Over Wrongful Advertising and Sale
----------------------------------------------------------------
Brian Tucker, and other similarly situated victims v. MONSANTO
COMPANY and BAYER CROPSCIENCE LP, Case No. N25C-12-282 MON (Del.
Super. Ct., Dec. 15, 2025), is brought for personal injuries
sustained by exposure to Roundup containing the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine
("POEA"), as well as many, many other proven, probable, and/or
suspected carcinogens.
This is an 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, containing the
active ingredient glyphosate. The Plaintiff maintains that Roundup
and/or glyphosate is defective, dangerous to human health, unfit
and unsuitable to be marketed and sold in commerce, and has lacked,
at all relevant times, proper warnings and directions as to the
dangers associated with its use, says the complaint.
The Plaintiff developed Non-Hodgkin Lymphoma as a direct and
proximate result of being exposed to Roundup.
The Defendants advertise and sell goods, specifically Roundup,
throughout the United States, including in Delaware.[BN]
The Plaintiff is represented by:
Raeann Warner, Esq.
COLLINS PRICE WARNER & WOLOSHIN
8 East 13th Street
Wilmington, DE 19801
Phone: (302) 655-4600
Email: raeann@cpwwlaw.com
- and -
Emily T. Acosta, Esq.
Madison Donaldson, Esq.
WAGSTAFF LAW FIRM
940 North Lincoln Street
Denver, CO 80203
Phone: Tel: (303) 376-6360
Fax: (888) 875-2889
Email: eacosta@wagstafflawfirm.com
mdonaldson@wagstafflawfirm.com
MORTON DRUG COMPANY: Metoxen Files Suit in E.D. Wisconsin
---------------------------------------------------------
A class action lawsuit has been filed against Morton Drug Company.
The case is styled as Christopher Metoxen, individually and on
behalf of all others similarly situated v. Morton Drug Company
doing business as: Morton LTC Pharmacy, Case No. 1:25-cv-01969
(E.D. Wis., Dec. 15, 2025).
The nature of suit is stated as Other Fraud.
Morton Drug Company doing business as Morton LTC --
https://www.mortonltc.com/ -- is an independent fourth-generation
family-owned Wisconsin pharmacy.[BN]
The Plaintiff is represented by:
Gerald D. Wells, III, Esq.
LYNCH CARPENTER, LLP
1760 Market Street, Suite 600
Philadelphia, PA 19103
Phone: (267) 344-0991
Fax: (267) 609-6955
Email: jerry@lcllp.com
NEW ERA ENERGY: 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 New Era Energy & Digital, Inc. (NASDAQ: NUAI)
resulting from allegations that New Era Energy & Digital may have
issued materially misleading business information to the investing
public.
So What: If you purchased New Era Energy & Digital 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=49293 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 December 12, 2025, Investing.com published
an article entitled "New Era Energy & Digital stock falls after
Fuzzy Panda short report." The article stated that New Era Energy &
Digital stock "tumbled" after "short seller Fuzzy Panda Research
released a scathing report targeting the company." Further, the
article stated that Fuzzy Panda's short report, "titled 'NUAI:
Serial Penny Stock CEO Combined Bad Gas Assets, Paid Stock Promo,
Renamed Co & Added 'AI,' alleges that the company spent 2.5 times
more on stock promotions than on operating its oil and gas wells.
Fuzzy Panda claims CEO E. Will Gray II has a history of running
penny stock companies "into the ground" over approximately 20
years."
On this news, New Era Energy & Digital stock fell 6.9% on December
12, 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 has achieved, at
that time, the largest ever securities class action settlement
against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
NEW ORLEANS PELICANS: Faces Gallien Suit Over TCPA Violation
------------------------------------------------------------
SIERA GALLIEN, individually and on behalf of all others similarly
situated, Plaintiff v. NEW ORLEANS PELICANS NBA LLC, Defendant,
Case No. 4:25-cv-06013 (S.D. Tex., December 12, 2025) is a class
action seeking injunctive relief to halt Defendant's unlawful
conduct, which has resulted in the intrusion upon seclusion,
invasion of privacy, harassment, aggravation, and disruption of the
daily life of Plaintiff and members of the Class, and also seeking
statutory damages on behalf of Plaintiff and members of the Class,
and any other available legal or equitable remedies.
The complaint relates that to promote its goods, services, and/or
properties, the Defendant engages in unsolicited text messaging, in
violation of the Telephone Consumer Protection Act.
On June 9, 2025, Plaintiff requested to opt-out of Defendant's text
messages by replying with a stop instruction. However, the
Defendant ignored Plaintiff's request and continued text messaging
Plaintiff. Overall, Defendant sent Plaintiff more than one
marketing text messages after Plaintiff's initial stop request;
these were sent on November 18 and 25, 2025.
The Defendant's refusal to honor Plaintiff's opt-out requests
demonstrates that the Defendant does not provide training to its
personnel engaged in telemarketing; did not maintain the required
procedures for handling and processing opt-out requests prior to
the initiation of the violative text messages it sent to Plaintiff;
and that request was never processed; the request was ignored by
Defendant and its employees and Defendant continued to send text
messages, says the suit.
Plaintiff Siera Gallien is a citizen and resident of Harris County,
Texas.
Defendant New Orleans Pelicans NBA, LLC is a Delaware Limited
Liability Company with its headquarters located in Metairie,
Louisiana.[BN]
The Plaintiff is represented by:
Zane C. Hedaya, Esq.
The Law Offices of Jibrael S. Hindi
1515 NE 26th Street,
Wilton Manors, FL 33305
Telephone: 813-340-8838
E-mail: zane@jibraellaw.com
ODW LOGISTICS: Walker Sues Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Charles Walker, on behalf of himself and others similarly situated
v. ODW LOGISTICS, INC., Case No. 2:25-cv-01466-JLG-CMV (S.D. Ohio,
Dec. 15, 2025), is brought for Defendant's failure to pay employees
overtime wages, seeking all available relief under the Fair Labor
Standards Act of 1938 ("FLSA").
The Plaintiff and other similarly situated hourly
warehouse/distribution center employees frequently worked more than
40 hours per workweek. The Defendant uses/used a timekeeping system
that records/recorded its hourly employees' exact clock-in and
clock-out times. However, the Plaintiff and other similarly
situated warehouse/distribution center employees regularly arrived
at Defendant's distribution centers, clocked in, and began working
before their scheduled shift start times.
Specifically, the Plaintiff and other similarly situated
warehouse/distribution center employees clocked in before their
scheduled shift start times and began their regular, daily job
duties. The Defendant maintains a time rounding system that
generally does not account for employees' early time punches and
pre-shift work. Instead, Defendant typically rounds to the
scheduled start of their shift.
As a result, the Plaintiff and other similarly situated hourly
warehouse/distribution center employees were not paid overtime
wages for all overtime work performed because Defendant unlawfully
rounded The Plaintiff and other similarly situated hourly
warehouse/distribution center employees' working time down to their
detriment. The Defendant's rounding policy or practice
systematically rounds in Defendant's favor, and it fails to
compensate Defendant's employees for all the time they worked in
violation of the FLSA, says the complaint.
The Plaintiff worked for Defendant at its Lockbourne, Ohio
facility.
The Defendant operates multiple warehouse/distribution centers
across the United States.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Phone: 614-949-1181
Fax: 614-386-9964
Email: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
takers@mcoffmanlegal.com
OKLAHOMA: Able Farms Files Suit in Okla. Dist. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Oklahoma Bureau of
Narcotics and Dangerous Drug Control, et al. The case is styled as
Able Farms, LLC, individually and o behalf of all similarly
situated person v. Oklahoma Bureau of Narcotics and Dangerous Drug
Control, Office Of The State Fire Marshal, Case No. CV-2025-3067
(Okla. Dist. Ct., Oklahoma Cty., Dec. 15, 2025).
The case type is stated as "Injunction/Restraining Order."
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBN)
-- https://www.obndd.ok.gov/ -- often shortened to Oklahoma Bureau
of Narcotics, is an agency of the government of Oklahoma charged
with minimizing the abuse of controlled substances through law
enforcement measures directed primarily at drug trafficking,
illicit drug manufacturing, and major suppliers of illicit
drugs.[BN]
The Plaintiff is represented by:
Shannon M. McMurray, Esq.
SHANNON M. MCMURRAY, LAWYER
116 N Greenwood Ave
Tulsa, OK 74120
ORACLE CORP: Brumwell Balks at Unauthorized Personal Info Access
----------------------------------------------------------------
SARAH BRUMWELL, CINDY CLARK, MATT CULPEPPER, STEVE LANDES,
KIMBERLEY MADSEN-PRICE, STACY RANSON, DAWN STRATTON, and APRIL
WATTS, individually, and on behalf of themselves and all others
similarly situated, Plaintiffs v. ORACLE CORPORATION, EMERSON
ELECTRIC, CO., INTEGRA LIFESCIENCES CORPORATION, CANON U.S.A.,
INC., THE UNIVERSITY OF PHOENIX, INC., ABBOTT LABORATORIES, WP
COMPANY LLC D/B/A THE WASHINGTON POST, MICHELIN NORTH AMERICA,
INC., LOGITECH INC., and HUMANA, INC., Defendants, Case No.
1:25-cv-01980 (W.D. Tex., December 4, 2025) is a class action
arising out of the recent data breach involving Defendants wherein
the notorious cybergang, Cl0p, gained unauthorized access to
Plaintiffs' and the Class Members' personally identifiably
information.
Defendants Emerson, Integra, Canon, University of Phoenix, Abbott,
Washington Post, Michelin USA, Logitech, Humana (collectively
"Employer Defendants") used Defendant Oracle's E-Business Suite
system to collect, manage, and store its current and former
employees' private information.
The Plaintiffs and the Class Members are current or former
employees of employer Defendants. Employer Defendants provided
Oracle with Plaintiffs' and the Class Members' private information
with the intent that Oracle use, maintain, and store the private
information.
The Plaintiffs bring this complaint against Defendants for its
failure to properly secure and safeguard the personally
identifiable information that it collected and maintained as part
of its regular business practices, including Plaintiffs' and Class
Members' names, Social Security numbers, dates of birth, physical
address, employment related information, financial account numbers,
identification documents such as passports, driver's licenses,
national ID numbers, signatures, health insurance information, and
other sensitive information.
The Plaintiffs seek to remedy these harms and prevent any future
data compromise on behalf of themselves 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 Defendants'
inadequate data security practices.
Oracle Corp. provides database software and cloud computing
software services to companies across the United States.[BN]
The Plaintiffs are represented by:
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
4131 Central Express Way, Ste. 900
Dallas, TX 75204
Telephone: (800) 237-1277
E-mail: wbf@federmanlaw.com
jaw@federmanlaw.com
ORANGE AVE HOSPITALITY: Harty Sues Over Discriminative Property
---------------------------------------------------------------
Owen Harty, individually and on behalf of all other similarly
situated v. ORANGE AVE HOSPITALITY, LLC, Case No.
0:25-cv-62589-XXXX (S.D. Fla., Dec. 15, 2025), is brought for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act ("ADA") as a result
of the Defendant's discrimination against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA.
Although well over 30 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead-time and the extensive publicity the ADA has received
since 1990, Defendant has continued to discriminate against people
who is disabled in ways that block them from access and use of
Defendant's property and the businesses therein.
The Plaintiff found the Commercial Property to be rife with ADA
violations. The Plaintiff encountered architectural barriers at the
Commercial Property and wishes to continue his patronage and use of
each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property. The
barriers to access at the Commercial Property have each denied or
diminished Plaintiff's ability to visit the Commercial Property and
have endangered his safety in violation of the ADA, says the
complaint.
The Plaintiff uses a wheelchair to ambulate.
ORANGE AVE HOSPITALITY LLC owns and/or operates places of public
accommodation.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
PEPSICO INC: Faces Gonzalez Suit Over False Snack Line Ads
----------------------------------------------------------
Mark Gonzalez, individually and on behalf of all others similarly
situated, Plaintiff v. PepsiCo, Inc. and Frito-Lay North America,
Inc., Defendants, Case No. 7:25-cv-10063 (S.D.N.Y., December 4,
2025) alleges that the Defendants misleadingly, inaccurately, and
deceptively advertise and market their Frito-Lay's "Poppables"
snack line to consumers, including Plaintiff, in violation of the
New York General Business Law.
According to the complaint, the case focuses on the alleged false
representation printed on every bag of Frito-Lay's snack line "No
Artificial Flavors." Despite this straightforward claim, each of
the products contains citric acid, a synthetic flavoring agent
manufactured not from fruit, as consumers might reasonably believe,
but through use of black mold -- specifically, Aspergillus niger.
Consumers like Plaintiff purchase snacks labeled "No Artificial
Flavors" precisely because they wish to avoid synthetic, chemical,
or laboratory-generated compounds that are added to change the
taste or character of food. By including mold-derived citric acid
for flavoring purposes and failing to disclose it as an artificial
ingredient, Frito-Lay deceives consumers and violates New York's
consumer protection laws, says the suit.
PepsiCo, Inc. is the sole owner of Frito-Lay North America, Inc.,
an American food company that manufactures, markets, and sells
snack foods.[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
PERSANTE HEALTH: Fails to Secure Personal Info, Bergeron Alleges
----------------------------------------------------------------
AARON BERGERON, individually and on behalf of all others similarly
situated, Plaintiff v. PERSANTE HEALTH CARE, INC., Defendant, Case
No. 1:25-cv-18165 (D.N.J., December 4, 2025) is a class action
against the Defendant for its failure to properly secure and
safeguard Plaintiff's and Class Members' protected health
information, personally identifiable information, and financial
information stored within Defendant's information network.
Between January 23 and January 28, 2025, unauthorized third-party
cybercriminals gained access to Plaintiff's and Class Members'
PHI/PII and financial information as hosted with Defendant, with
the intent of engaging in the misuse of the PHI/PII and financial
information, including marketing and selling Plaintiff's and Class
Members' PHI/PII and financial information.
According to the complaint, 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.
Persante Health Care, Inc. is a healthcare services provider
offering diagnostic and sleep medicine services to patients and
medical facilities.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
Natalia Perez, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
nperez@laukaitislaw.com
PERSANTE HEALTHCARE: Gomez Balks at Failure to Secure Personal Info
-------------------------------------------------------------------
ISMAEL GOMEZ and PABLO VAZQUEZ, individually and on behalf of
themselves and all others similarly situated, Plaintiffs v.
PERSANTE HEALTHCARE, INC., Defendant, Case No. 1:25-cv-18203
(D.N.J., December 4, 2025) is a class action complaint against
Persante for its failure to secure and safeguard personally
identifiable information and personal health information of
Plaintiffs and others similarly situated that was entrusted to
Persante.
Between January 23, 2025 and January 28, 2025, Persante experienced
a cyberattack of its computer network. This cyberattack resulted in
the breach and/or compromise of certain files containing the
sensitive personal data of Plaintiffs and thousands of other
individuals.
According to the complaint, Persante failed to implement practices
and systems to mitigate the risks posed by Persante's negligent (if
not reckless) IT practices. As a result of these failures,
Plaintiffs and Class members face a litany of harms that accompany
data breaches of this magnitude and severity.
As such, the Plaintiffs, on behalf of themselves and all others
similarly situated, bring this action for restitution, actual
damages, nominal damages, statutory damages, injunctive relief,
disgorgement of profits, and all other relief that this Court deems
just and proper.
Persante Healthcare, Inc. is a health care provider in New
Jersey.[BN]
The Plaintiffs are represented by:
Javier L. Merino, Esq.
THE DANN LAW FIRM, PC
825 Georges Road, Second Floor
North Brunswick, NJ 08902
Telephone: (201) 355-3440
Facsimile: (216) 373-0536
PRECISION DRILLING: Response to SAC Due Jan. 12, 2026
-----------------------------------------------------
In the class action lawsuit captioned as RODNEY TYGER, et al, v.
PRECISION DRILLING CORP., et al., Case No. 4:11-cv-01913-MWB (M.D.
Pa.), the Hon. Judge Matthew W. Brann entered an order that:
1. The Plaintiffs' motion to amend is granted;
2. The Plaintiffs shall revise the proposed second amended
complaint to:
a. Explain which allegations are relevant to which Rule 23(a)
factors;
b. Identify the relevant Rule 23(b) theory; and
c. Set forth a proposed class definition;
3. The Plaintiffs shall submit the revised proposed second
amended complaint as the operative complaint by no later than
Tuesday, Dec. 23, 2025;
4. The Defendants shall answer the second amended complaint by
no later than Monday, Jan. 12, 2026; and
5. The parties shall jointly submit a proposed schedule for
managing damages and class discovery, including a deadline
for the Plaintiffs' motion for class certification, by the
same date.
Precision is an integrated oilfield drilling and energy service
company providing services to the oil and gas industry.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lLtXlD at no extra
charge.[CC]
PRIMAL PET: Blind Users Can't Access Website, Youngren Suit Says
----------------------------------------------------------------
DUSTIN YOUNGREN, individually and on behalf of all others similarly
situated, Plaintiff v. PRIMAL PET FOODS, INC., Defendant, Case No.
1:25-cv-14987 (N.D. Ill., December 10, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://primalpetfoods.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of their
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include but
not limited to: inaccurate landmark structure, inadequate focus
order, ambiguous link texts, changing of content without advance
warning, lack of alt-text on graphics, the denial of keyboard
access for some interactive elements, redundant links where
adjacent links go to the same URL address, and the requirement that
transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Primal Pet Foods, Inc. is a company that sells online goods and
services in Illinois. [BN]
The Plaintiff is represented by:
Michael Ohrenberger, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (716) 281-5496
Email: mohrenberger@ealg.law
PRIME NOW: Class Cert Bid in Quintero Extended to May 8, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as BRIDGET SIBYL QUINTERO, v.
PRIME NOW LLC, et al., Case No. 2:24-cv-03382-MWF-JPR (C.D. Cal.),
the Hon. Judge Fitzgerald entered an order granting joint
stipulation to continue motion for class certification deadline and
related deadlines:
1. The deadline to file and serve a motion for class
certification is extended to May 8, 2026, and noticed for
hearing on July 13, 2026, at 10:00 a.m.
2. The Opposition to the Motion shall be filed no later than
June 1, 2026.
3. The Reply in support of the Motion shall be filed no later
than June 22, 2026.
The remaining pretrial and trial dates, as set forth in the Order
filed Sept. 25, 2025, remain unchanged.
Rather than extend deadlines "by an equal amount of time," the
parties are further ordered to file a stipulated proposal for the
remaining pretrial and trial dates by no later than Jan. 23, 2026.
Prime is a subsidiary of Amazon that oversees its same-day grocery
shopping and delivery service.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=G4pY9e at no extra
charge.[CC]
RIVIAN AUTOMOTIVE: Class Settlement in Crews Gets Initial Nod
-------------------------------------------------------------
In the class action lawsuit captioned as CHARLES LARRY CREWS, JR.,
ET AL., v. RIVIAN AUTOMOTIVE, INC., ET AL., Case No.
2:22-cv-01524-JLS-E (C.D. Cal.), the Hon. Judge Staton entered an
order granting the Plaintiff's motion for preliminary approval of
proposed settlement and authorization to disseminate notice to the
classes.
The case is a federal securities class action against the
publicly-traded company Rivian, several of its top executives, and
underwriters for Rivian’s initial public offering (IPO).
The ACC alleges violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b–5 promulgated by the
Securities and Exchange Commission.
On July 17, 2024, after holding a hearing, the Court issued an
order granting Plaintiffs' motion for class certification. The
Court certified two classes:
For 1934 Act Claims:
"All persons and entities who purchased or otherwise acquired
Rivian Class A common stock between Nov. 11, 2021, and March
10, 2022, inclusive, and were damaged thereby."
The Class excludes those who purchase Rivian Class A common
stock at the fixed IPO price.
For 1933 Act Claims:
"All persons and entities who purchased or otherwise acquired
Rivian Class A common stock between Nov. 10, 2021, and March
10, 2022, inclusive, and were damaged thereby."
Rivian is an American electric vehicle manufacturer and automotive
technology company.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=nCzXtF at no extra
charge.[CC]
RTIC OUTDOORS: Faces Cole Suit Over Blind-Inaccessible Online Store
-------------------------------------------------------------------
HARON COLE, individually and on behalf of all others similarly
situated, Plaintiff v. RTIC OUTDOORS, LLC, Defendant, Case No.
1:25-cv-14988 (S.D.N.Y., December 10, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://rticoutdoors.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: inadequate focus order, changing of content without
advance warning, lack of alt-text on graphics, inaccessible
drop-down menus, the lack of navigation links, redundant links
where adjacent links go to the same URL address, and the
requirement that transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
RTIC Outdoors, LLC is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Alison Chan, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (929) 442-2154
Email: Achan@ealg.law
SAGINAW COUNTY, MI: Fox Seeks OK of Renewed Bid for Class Cert
--------------------------------------------------------------
In the class action lawsuit captioned as THOMAS A. FOX, et al., for
themselves and all those similarly situated, v. COUNTY OF SAGINAW,
et al., Case No. 1:19-cv-11887-TLL-PTM (E.D. Mich.), the Plaintiffs
ask the Court to enter an order certifying the Class; appointing
class representatives and class counsel; and approving and
directing the issuance of notice.
The Court has previously certified the following class in this case
under Fed. R. Civ. P. 23(b)(3):
"All persons and entities that owned real property in the
following counties, whose real property, during the relevant
time period prior to Jan. 1, 2021, was seized through a real
property tax foreclosure, which was sold at tax auction for
more than the total tax delinquency and were not refunded the
auction proceeds in excess of the tax delinquency owed:
Alcona, Alpena, Arenac, Bay, Clare, Crawford, Genesee,
Gladwin, Gratiot, Huron, Isabella, Jackson, Lapeer, Lenawee,
Macomb, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque
Isle, Roscommon, Saginaw, Sanilac, St Clair, Tuscola, and
Washtenaw. (the "Original Class")."
The Plaintiffs now ask the Court to certify the following class
under Fed. R. Civ. P 23(b)(3):
"All persons and entities that owned real property in the
following counties, whose real property, during the relevant
time period prior to Jan. 1, 2021, was seized through a real
property tax foreclosure, which was worth and/or which was
sold at tax auction for more than the total tax delinquency
and were not refunded the auction proceeds value of the
property in excess of the delinquent taxes tax delinquency
owed: Alcona, Alpena, Arenac, Bay, Clare, Crawford, Genesee,
Gladwin, Gratiot, Huron, Isabella, Jackson, Lapeer, Lenawee,
Macomb, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque
Isle, Roscommon, Saginaw, Sanilac, St Clair, Tuscola, and
Washtenaw."
After Washtenaw County rejected the settlement, Plaintiff John
Alexander moved for class certification against it alone. Briefing
on the motion remains ongoing. Since Mr. Alexander filed his
motion, the other counties effectively rejected the settlement
through their breach and failure to cure. Plaintiffs seek a single
class, with a Macomb sub-class as discussed below.
Since the Plaintiffs filed their Second Amended Complaint, it has
become apparent that new class representatives will need to be
substituted in for certain counties. Plaintiffs intend to file a
substitution motion. If a new representative cannot be found for
any county, then the Court can issue a notice seeking a volunteer.
The Plaintiffs also ask the Court to appoint them as Class
Representatives and appoint Interim Class Counsel E. Powell Miller
and Philip L. Ellison as Class Counsel.
They further ask this Court to approve the proposed class notice
attached as Exhibit 1 and direct its issuance according to the
approved settlement notice plan set forth at ECF No. 480.
On Nov. 13, 2025, the Plaintiff's counsel sought concurrence from
Defendants’ primary counsel in the relief requested in this
motion. Defendants’ counsel denied concurrence.
Saginaw contains three cities, 27 townships and six incorporated
villages.
A copy of the Plaintiffs' motion dated Dec. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FP2hQs at no extra
charge.[CC]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
Christopher D. Kaye, Esq.
Gregory A. Mitchell, Esq.
THE MILLER LAW FIRM, P.C.
950 W University Drive, Ste 300
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: epm@millerlawpc.com
ssa@millerlawpc.com
cdk@millerlawpc.com
gam@millerlawpc.com
- and -
Philip L. Ellison, Esq.
OUTSIDE LEGAL COUNSEL, PLC
Hemlock, MI 48626
Telephone: (989) 642-0055
E-mail: pellison@olcplc.com
- and -
Matthew E. Gronda, Esq.
St. Charles, MI 48655
Telephone: (989) 249-0350
E-mail: matt@matthewgronda.com
- and -
Donald R. Visser, Esq.
Donovan J. Visser, Esq.
Daniel O. Myers, Esq.
VISSER AND ASSOCIATES, PLLC
2480 44th Street, SE, Suite 150
Kentwood, MI 49512
Telephone: (616) 531-9860
E-mail: don@visserlegal.com
donovan@visserlegal.com
dan@visserlegal.com
SANO FOOD PEMBROKE: Victor Sues Over Discriminative Website
-----------------------------------------------------------
Zephyrin Victor, and all others similarly situated v. Sano Food
Pembroke Corp, Case No. 0:25-cv-62595-XXXX (S.D. Fla., Dec. 15,
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 Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
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.
Accordingly, Defendant's website, https://sanofood.com/ (the
"Website"), was incompatible with Plaintiff's screen reading
software and keyboard. The fact that Plaintiff could not
communicate with or within the Website left Plaintiff feeling
excluded, frustrated, and humiliated, and gave Plaintiff a sense of
isolation and segregation, as Plaintiff is unable to participate in
the same online experience, with the same access to the sales,
services, discounts, as provided at the Website and in the physical
cafes as the non-visually disabled public, says the complaint.
The Plaintiff is, and at all relevant times, has been blind and
visually disabled.
The Defendant owns, operates, and/or controls 4 U.S.-based
restaurants specializing in healthy and fresh cuisine, and offering
meals that cater to various dietary preferences, including the
restaurant.[BN]
The Plaintiff is represented by:
Aleksandra Kravets, Esq.
ALEKSANDRA KRAVETS, ESQ. P.A.
865 SW 113 Lane
Pembroke Pines, FL 33025
Phone: 347-268-9533
Email: ak@akesqpa.com
SEAGATE TECHNOLOGY: Plaintiffs Seek to Certify Class Action
-----------------------------------------------------------
In the class action lawsuit re Seagate Technology Holdings plc
Securities Litigation, Case No. 3:23-cv-03431-RFL (N.D. Cal.), the
Plaintiffs will move the Court pursuant to Federal Rule of Civil
Procedure 23(a), (b)(3), and (g) for entry of an Order:
-- certifying a class action pursuant to Federal Rule of Civil
Procedure 23,
-- appointing MissPERS, APERS, and Universal as Class
Representatives, and
-- appointing Motley Rice LLC and Bernstein Litowitz Berger &
Grossmann LLP ("Bernstein Litowitz") as Class Counsel.
The Lead Plaintiffs seek to certify a class consisting of:
"All persons who purchased or otherwise acquired Seagate
common stock between Sept. 14, 2020 and April 19, 2023,
inclusive, and were damaged thereby."
The securities fraud class action against Seagate, its CEO Dr.
William Mosley, and its CFO Gianluca Romano, involves their
misrepresentations to investors about Seagate's $1.1 billion in
illegal sales of proprietary technology to Huawei.
Seagate is a major global data storage company.
A copy of the Plaintiffs' motion dated Dec. 16, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=C3fERf at no extra
charge.[CC]
The Plaintiffs are represented by:
Gregg S. Levin, Esq.
Lance V. Oliver, Esq.
William S. Norton, Esq.
Joshua C. Littlejohn, Esq.
Christopher F. Moriarty, Esq.
Andrew P. Arnold, Esq.
Cameran M. Gilliam, Esq.
MOTLEY RICE LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Telephone: (843) 216-9000
Facsimile: (843) 216-9450
E-mail: glevin@motleyrice.com
loliver@motleyrice.com
bnorton@motleyrice.com
jlittlejohn@motleyrice.com
cmoriarty@motleyrice.com
aarnold@motleyrice.com
cgilliam@motleyrice.com
- and -
Salvatore J. Graziano, Esq.
Hannah Ross, Esq.
James A. Harrod, Esq.
Jorge Tenreiro, Esq.
Aasiya Farah Mirza Glover, Esq.
Sarah Schmidt, Esq.
Jonathan D. Uslaner, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: salvatore@blbglaw.com
hannah@blbglaw.com
jim.harrod@blbglaw.com
jorge.tenreiro@blbglaw.com
aasiya.glover@blbglaw.com
sarah.schmidt@blbglaw.com
jonathanu@blbglaw.com
- and -
Lesley E. Weaver, Esq.
BLEICHMAR FONTI & AULD LLP
1330 Broadway, Suite 630
Oakland, CA 94612
Telephone: (415) 445-4003
Facsimile: (415) 445-4020
E-mail: lweaver@bfalaw.com
- and -
John L. Davidson, Esq.
DAVIDSON BOWIE, PLLC
1062 Highland Colony Parkway 200 Concourse,
Suite 275 Ridgeland, MS 39157
Telephone: (601) 932-0028
E-mail: jdavidson@dbslawfirm.net
SECURITAS SECURITY: Malpica Suit Removed to S.D. California
-----------------------------------------------------------
The case captioned as Henry Malpica, on behalf of himself and
others similarly situated v. SECURITAS SECURITY SERVICES USA, INC.,
Case No. 25CU053452C was removed from the Superior Court of the
State of California, County of San Diego, to the United States
District Court for Southern District of California on Dec. 15,
2025, and assigned Case No. 3:25-cv-03603-BAS-DDL.
In his Complaint, Plaintiff alleges 10 class-wide causes of action
against Defendants: Unpaid Overtime; Unpaid Meal Period Premiums;
Unpaid Rest Period Premiums; Unpaid Minimum Wages; Final Wages Not
Timely Paid; Wages Not Timely Paid During Employment; Non-Compliant
Wage Statements; Failure To Keep Requisite Payroll Records;
Unreimbursed Business Expenses; all in violation of California
Business & Professions Code and in violation of California Labor
Code.[BN]
The Defendants are represented by:
Frank A. Magnanimo, Esq.
Lirit A. King, Esq.
FISHER & PHILLIPS LLP
21600 Oxnard Street, Suite 650
Woodland Hills, CA 91367
Phone: (818) 230-4250
Facsimile: (818) 230-4251
Email: fmagnanimo@fisherphillips.com
lking@fisherphillips.com
SMOOTHIE SPOT GROUP: Ariza Sues Over Disability Discrimination
--------------------------------------------------------------
Victor Ariza, on behalf of others similarly situated v. SMOOTHIE
SPOT GROUP, CORP, a Florida for-profit corporation, Case No.
1:25-cv-25876-XXXX (S.D. Fla., Dec. 15, 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://smoothiespotmiami.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, either directly or
through franchise agreements, a chain of seven restaurants selling
food and beverage products.[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
SONY CORP: Faces Class Action Over Defective Headphones
-------------------------------------------------------
Top Class Actions reports that Plaintiff Ian Kanter filed a class
action lawsuit against Sony Corporation of America and Sony
Electronics Inc.
Why: Kanter claims the Sony's WH-1000XM5 headphones have a defect
that causes them to break prematurely.
Where: The class action lawsuit was filed in New York federal
court.
A new class action lawsuit alleges Sony's WH-1000XM5 headphones
contain a defect that causes them to break prematurely.
Plaintiff Ian Kanter claims the Sony headphones contain a defect
that over time causes their swiveling hinges to prematurely and
unexpectedly break and fail at their "poorly secured" mounting
point, eventually causing the earcups to detach from the frame.
"The result of these defects in materials and workmanship is that
the swiveling of the earcups places undue stress on the hinge
mechanism, causing the internal plastic to fracture, deform,
separate, break, or otherwise fail and become inoperable," the Sony
class action says.
Kanter wants to represent a nationwide class and New York and
Nevada subclasses of consumers who purchased Sony's WH-1000XM5
headphones.
Class action: Sony refuses to repair, replace headphones
Kanter claims Sony has long been aware of the defect but has
refused to remedy the issue or repair damaged headphones without
charge, including when they are within or outside of the limited
warranty period.
Instead, Sony blames the defect on user-caused physical or
accidental damage and, as such, refuses to repair or replace
defective headphones pursuant to its warranty.
"Many consumers complaining to Sony about the defect were told that
the issue was caused by user error and that Sony refused to provide
complementary repair under the limited warranty," the Sony class
action says.
Kanter claims Sony is guilty of breach of express warranty, breach
of the implied warranty of merchantability, fraudulent concealment
and unjust enrichment, and of violating New York General Business
Law, the Nevada Deceptive Trade Practices Act and the Magnuson-Moss
Warranty Act.
The plaintiff demands a jury trial and requests injunctive relief
and an award of actual, statutory, punitive and treble damages for
himself and all class members.
In another recent class action lawsuit involving headphones, a
consumer filed a class action lawsuit against Apple Inc. earlier
this year over claims the company's AirPods Max headphones contain
a defect that causes condensation to accumulate inside their ear
cups during normal use.
The plaintiff is represented by Nicholas A. Migliaccio, Jason S.
Rathod and Bruno Ortega-Toledo of Migliaccio & Rathod LLP.
The Sony headphones class action lawsuit is Kanter, et al. v. Sony
Corporation of America, Case No. 1:25-cv-09691, in the U.S.
District Court for the Southern District of New York. [GN]
SOUTHERN GLAZER'S WINE: Snipes Suit Removed to N.D. California
--------------------------------------------------------------
The case captioned as Ananias Snipes III, individually and on
behalf of all others similarly situated v. SOUTHERN GLAZER'S WINE
AND SPIRITS, LLC; and DOES 1 through 20, inclusive, Case No.
25CV150725 was removed from the Superior Court for the State of
California, in and for the County of Alameda, to the United States
District Court for Northern District of California on Dec. 15,
2025, and assigned Case No. 3:25-cv-10692.
The Plaintiff's claims substantially depend upon the interpretation
of a collective bargaining agreement ("CBA") and are therefore
preempted under section 301 of the Labor Management Relations Act
("LMRA").[BN]
The Defendants are represented by:
Shiva S. Davoudian, Esq.
Alexandra Bernstein, 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: sdavoudian@littler.com
abernstein@littler.com
SSP AMERICA CID: Hill Sues Over Failure to Pay Minimum Wage
-----------------------------------------------------------
Tara Hill, on behalf of herself and on behalf of all others
similarly situated v. SSP AMERICA CID, LLC, Case No. 1:25-cv-00223
(N.D. Iowa, Dec. 15, 2025), is brought implicating the Defendant's
violations of the Fair Labor Standards Act's ("FLSA") and the Iowa
Wage Payment Collection Law ("IWPCL") tip credit requirements and
subsequent failure to pay its employees at the federally mandated
minimum wage rate for all hours worked.
The Defendant pay its servers and bartenders below the federal
minimum wage rate by taking advantage of the tip-credit provision
of the FLSA. Under the tip-credit provision, an employer of tipped
employees may, under certain circumstances, pay its employees less
than the minimum wage rate by taking a "tip credit" against the
minimum wage requirement based upon the amount of tips the
employees received from customers.
As a result of these violations, Defendant has lost the ability to
use the tip credit and therefore must compensate Plaintiff and all
similarly situated workers at the full minimum wage rate,
unencumbered by the tip credit, for all hours worked. In other
words, Defendant must account for the difference between the wages
paid to Plaintiff and all similarly situated workers and the
minimum wage rate, says the complaint.
The Plaintiff has worked for Defendant at the Cedar Rapids airport
from August of 2023 to September of 2025 as a server, bartender,
and cook.
SSP America, Inc. is the American division of SSP Group, a global
company that operates food and beverage concessions in airports,
railway stations, and other travel locations.[BN]
The Plaintiff is represented by:
Emily Schott Hood, Esq.
RUSH & NICHOLSON, P.L.C.
P.O. Box 637
Cedar Rapids, IA 52406-0637
Phone (319) 363-5209
Facsimile (319) 363-6664
Email: emily@rushnicholson.com
- and -
Nathan Willems, Esq.
RUSH & NICHOLSON, P.L.C.
P.O. Box 637
Cedar Rapids, IA 52406-0637
Phone (319) 363-5209
Facsimile (319) 363-6664
Email: nate@rushnicholson.com
- and -
Beatriz Sosa-Morris, Esq.
John Neuman, Esq.
SOSA-MORRIS NEUMAN, PLLC
4151 Southwest Freeway, Suite 515
Houston, TX 77027
Phone: (281) 885-8630
Facsimile: (281) 885-8813
Email: BSosaMorris@smnlawfirm.com
JNeuman@smnlawfirm.com
SSP AMERICA: Faces Class Action Lawsuit Over Unpaid Wages
---------------------------------------------------------
Clark Kauffman, writing for CBJ reports that a Linn County woman
representing workers at airport eateries throughout Iowa has filed
a potential class action lawsuit against her employer alleging
violations of state and federal wage-and-hour laws.
Tara Hill is suing SSP America CID, a limited liability corporation
that does business in Iowa as part of SSP America Inc., the
American division of SSP Group, which is a global company that
partners with restaurants to operate food and beverage concessions
in airports, railway stations and other travel locations.
The lawsuit accuses SSP America CID of violating the Fair Labor
Standards Act's requirements and a resulting failure to pay
employees the federally mandated minimum wage for all hours
worked.
Under the tip-credit provision of the FLSA, an employer of tipped
employees may, under certain circumstances, pay its employees less
than the minimum wage by claiming a "tip credit" against the
minimum wage, with the credit based on the amount of tips the
employees collect from customers.
The FLSA sets forth a series of strict requirements for employers
to utilize the "tip credit" and provides that an employer cannot
pay less than the minimum wage to tipped employees while also
requiring those employees to perform unrelated work that doesn't
generate tips.
According to the lawsuit, SSP America CID failed to inform Hill of
its reliance on the tip credit; made illegal deductions that
reduced the direct wage of Hill or others below the minimum
required hourly wage for tipped employees; required workers to
purchase specific clothing for work, indirectly reducing their
wages to a level below the minimum hourly wage; and required
workers to perform "excessive amounts" of non-tipped work, such as
preparing food, washing dishes and cleaning floors.
The lawsuit asserts that as a result of the alleged violations, SSP
America CID "has lost the ability to use the tip credit and
therefore must compensate" its workers for the difference between
the wages paid and the actual minimum wage.
According to the lawsuit, Hill worked for the company as a server,
bartender and cook at the Eastern Iowa Airport in Cedar Rapids
airport from August 2023 to September 2025. The lawsuit alleges she
was paid $6.75 per hour.
The lawsuit seeks class action status to pursue claims on behalf of
not only Hill, but all other SSP America CID servers and bartenders
that worked for the company over the past three years and for whom
the company claimed a tip credit.
SSP America CID has yet to file a response to the lawsuit. Hill is
represented by Cedar Rapids attorneys Emily Schott Hood and Nathan
Willems. [GN]
STARBUCKS CORP: Cypret Sues Over Employees' Unreimbursed Expenses
-----------------------------------------------------------------
SERRANA CYPRET, individually and on behalf of all other similarly
situated aggrieved employees, Plaintiff v. STARBUCKS CORPORATION,
Defendant, Case No. 5:25-cv-10396-NW (N.D. Cal., December 4, 2025)
is a class action brought by the Plaintiff, on behalf of the State
of California and other current and former employees, due to
Starbucks' failure to provide or reimburse the cost of uniforms and
failure to reimburse other reasonable business expenses in
violation of the California Labor Code.
According to the complaint, due to Starbucks' failure to provide
employees with the mandated uniforms, the Plaintiff and other
putative Dress Code Class Members were forced to make reasonable
and necessary expenditures and incur losses purchasing shoes and
apparel (and in some cases paying for procedures to remove face
piercings, tattoos, and tooth gems) in order to comply with
Starbucks' mandatory 2025 Dress Code, which Starbucks imposed as a
condition of their employment.
Starbucks also failed to reimburse employees with a reasonable
percentage of cell phone bills -- for mandated use of the
employees' personal cellular phones.
Plaintiff Cypret has been employed as a barista and barista trainer
at the Starbucks store located at 260 Mt. Herman Road in Scotts
Valley, California since 2021.
Starbucks is an American fast-food chain that sells coffee, other
beverages, and food.[BN]
The Plaintiff is represented by:
Barbara J. Chisholm, Esq.
Connie K. Chan, Esq.
Elizabeth Eshleman, Esq.
ALTSHULER BERZON LLP
177 Post St., Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
E-mail: bchisholm@altber.com
cchan@altber.com
eeshleman@altber.com
- and -
Lisa Demidovich, Esq.
ALTSHULER BERZON LLP
350 Colorado Blvd., Suite 420
Pasadena, CA 91105
Telephone: (415) 421-1855
E-mail: ldemidovich@altber.com
- and -
Elizabeth Grdina, Esq.
Charlotte H. Schwartz, Esq.
Sejal Singh, Esq.
JAMES & HOFFMAN, P.C.
1629 K Street, NW, Suite 1050
Washington, DC 20006
Telephone: (202) 496-0500
E-mail: bgrdina@jamhoff.com
chschwartz@jamhoff.com
ssingh@jamhoff.com
SUPERGOOP LLC: Wayne Suit Removed to C.D. California
----------------------------------------------------
The case styled as Pleasant Wayne, individually and on behalf of
all others similarly situated v. Supergoop LLC, DOES 1 through 10,
inclusive, Case No. 25STCV32861 was removed from the Superior Court
of California, County of Los Angeles, to the U.S. District Court
for the Central District of California on Dec. 15, 2025.
The District Court Clerk assigned Case No. 2:25-cv-11844 to the
proceeding.
The nature of suit is stated as Other Fraud.
Supergoop, LLC -- https://supergoop.com/ -- provides personal care
products. The Company offers lotions, powders, setting sprays,
oils, mousse, and skin care products.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Monica J. Frascona, Esq.
FOLEY HOAG LLP
4643 South Ulster Street, Suite 970
Denver, CO 80237
Phone: (720) 782-5080
Email: mfrascona@foleyhoag.com
TAILORED CHEF: Underpays Food Preparers, Garcia Suit Says
---------------------------------------------------------
ADIN GUILLEN GARCIA, individually and on behalf of all others
similarly situated, Plaintiff v. TAILORED CHEF NYC, INC., COOKUNITY
INC. and JAMES J. GRODY and JARED GOLDBERG, as individuals,
Defendants, Case No. 1:25-cv-06724 (E.D.N.Y., December 5, 2025)
arises from the Defendants' unlawful labor practices in violation
of the Fair Labor Standards Act and the New York Labor Law.
The Plaintiff alleges the Defendants' failure to pay overtime,
failure to pay wages for all hours worked, failure to pay wages
owed on a weekly basis in which their wages were earned, failure to
provide written wage notice, and failure for furnish wage
statements upon each payment of wages.
Plaintiff Garcia was employed by the Defendants as a cook and food
preparer, while performing related miscellaneous duties for the
Defendants from August 2021 until May 2025.
Tailored Chef NYC, Inc. is a domestic business corporation under
the laws of New York.[BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
TEXAS: Discriminates Foreign Commerce, Beijing Daxing Alleges
-------------------------------------------------------------
Beijing Daxing Huaxin Xingbang Science and Technology Development
Research Center, and HXXB USA Research Center, individually, and on
behalf of all others similarly situated, Plaintiffs v. Ken Paxton,
in his official capacity as Attorney General for the State of
Texas, Defendant, Case No. 1:25-cv-01981 (W.D. Tex., December 4,
2025) is a class action brought by the Plaintiffs, on their own
behalf and on behalf of the purported class, requesting that the
Court declare S.B. 17, Sections 5.253(2)(A) and (C) and subsection
(3) and Section 5.255(e)1, effective September 1, 2025
(collectively, hereinafter referred to as the "Challenged
Provisions"), as unconstitutional and permanently enjoin the
Attorney General from enforcing the Challenged Provisions.
The Plaintiffs possess constitutionally protected property
interests in contract formation, leasehold acquisition, and the
ability to conduct lawful commercial business within the State of
Texas. By invalidating lease agreements automatically and mandating
divestiture of interests in real property without meaningful
process, the Challenged Provisions deprive Plaintiffs of property
rights in a manner that is neither narrowly tailored nor
procedurally adequate, asserts the complaint.
By subjecting Plaintiffs to criminal and civil penalties and
restrictions on ordinary commercial activity based solely on
national origin or foreign affiliation, the Challenged Provisions
burden Plaintiffs' liberty interests without justification or
procedural safeguards. These penalties are imposed without an
individualized determination that Plaintiffs' conduct threatens
public safety or national security, rendering the statute
constitutionally infirm, notes the complaint.
The Plaintiffs' claims arise under the Commerce Clause of Article
I, Section 8, Clause 3 of the United States Constitution. The
Commerce Clause prevents states from enacting laws or regulations
that discriminate against or unduly or excessively burden
interstate commerce. Additionally, Plaintiffs' claims arise under
the Supremacy Clause of Article VI of the U.S. Constitution. Under
the Supremacy Clause, the Challenged Provisions are preempted, and
thus facially rendered null and void against Plaintiffs, by the
well-entrenched field preemption and conflict preemption
doctrines.
Finally, the Plaintiffs' claims arise under the Due Process Clause
of the Fourteenth Amendment of the United States Constitution. Due
process requires that a governmental body exercise jurisdiction
only where a party has fair notice and sufficient minimum contacts
such that the assertion of authority comports with "traditional
notions of fair play and substantial justice," asserts the
complaint.
Ken Paxton is sued his official capacity as the Attorney General
for the State of Texas. He is authorized to investigate and enforce
alleged violations of S.B.[BN]
The Plaintiffs are represented by:
Laura E. Schut, Esq.
HXXB USA RESEARCH CENTER
Telephone: (281) 755-3824
E-mail: Laura.Schut@HXXB.org
TOYOTA MOTORS: Faces Class Action Lawsuit Over Faulty Gearbox
-------------------------------------------------------------
Jacob Oliva of Autoblog reports that Toyota can't seem to catch a
break in court lately. Last month, the company dealt with a
$5.7-billion lawsuit over the hydrogen-powered Mirai, with owners
saying the car was basically unusable because there's nowhere to
refuel. Now, Toyota's back in the hot seat, but this time it's
about something significantly more common: automatic
transmissions.
The latest lawsuit was filed this month in the US District Court
for the Eastern District of Texas, led by a Camry owner named James
LeBoutheller. He says his car's transmission started acting up, but
every time he brought it to the dealer, he was told it was just
"normal operation." Only after things got worse did someone finally
find metal shavings in the transmission fluid -- a clear sign
something inside had failed. By that point, Toyota apparently
refused to pay for the full repair.
The lawsuit claims Toyota kept selling cars with a known
transmission defect and didn't warn buyers about the risk.
What the Lawsuit is Actually About
The heart of the issue is Toyota's UA80 eight-speed automatic.
According to the lawsuit, it's got both a mechanical flaw and
software that doesn't help matters. The result? Too much heat,
parts wearing out early, and transmissions that eventually give up.
It is said that the transmission is "predisposed to premature
failure" due to overheating, degraded fluid, and internal component
wear, which may occasionally cause stalling or loss of power.
The lawsuit covers a wide range of vehicles, including:
-- Toyota Camry (2017--2024)
-- Toyota Highlander (2017--present)
-- Toyota RAV4 (2019--present)
-- Toyota Grand Highlander (2023--present)
-- Toyota Sienna (2017--2020)
-- Toyota Avalon (2019--2022)
-- Lexus ES 350 (2019--present)
-- Lexus ES 250 (2021--present)
-- Lexus RX 350 (2023--present)
-- Lexus NX 250 / NX 350 (2022--present)
-- Lexus TX 350 (2024--present)
Owners say Toyota tried to quietly fix the problem with service
bulletins and behind-the-scenes updates, all while still
advertising these cars as reliable.
Not the First Time, and Likely Not the Last
This isn't just a one-off case, either. Earlier this month, another
class-action lawsuit popped up in California, asking for about $5
million over the same UA80 transmission. The complaints are almost
identical: Toyota knew about the problem, repairs cost a fortune
once the warranty runs out, and help from the company is hit or
miss.
In both cases, owners point to online complaints, NHTSA filings,
and dealership acknowledgments as evidence that Toyota was well
aware of the issue. The Texas lawsuit expands the scope by pushing
for nationwide class certification and broader remedies, including
warranty extensions or recalls.
What happens next is fairly predictable. Toyota is expected to file
a motion to dismiss or narrow the claims, while plaintiffs will
push for discovery to access internal documents. Whether these
cases gain traction or eventually consolidate remains to be seen,
but one thing is clear: the UA80 transmission isn't done causing
headaches, for owners or for Toyota. [GN]
TRI CITY FOODS: Butkovitz Suit Removed to N.D. Illinois
-------------------------------------------------------
The case captioned as Lisa Butkovitz, individually and on behalf of
all others similarly situated v. TRI CITY FOODS, INC., Case No.
2STCV32370 was removed from the Thirteenth Judicial Circuit Court
of Illinois, to the United States District Court for Northern
District of Illinois on Dec. 15, 2025, and assigned Case No.
1:25-cv-15210.
The complaint alleges six claims related to an alleged data breach.
Tri City denies that Plaintiff and/or the putative class are
entitled to the relief requested in the Complaint and denies
Plaintiff's factual allegations.[BN]
The Defendants are represented by:
Debra Bogo-Ernst, Esq.
Amy R. Orlov, Esq.
Austin M. Burnette, Esq.
WILLKIE FARR & GALLAGHER LLP
300 N. LaSalle Dr.
Chicago, IL 60654
Phone: 312-728-9000
Email: dernst@willkie.com
TROIS INVESTMENT: Drummond Sues Over Disability Discrimination
--------------------------------------------------------------
Jonathan Drummond, and all others similarly situated v. TROIS
INVESTMENT, INC., Case No. 3:25-cv-01540 (M.D. Fla., Dec. 15,
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 Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
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.
Accordingly, Defendant's website, https://www.apbstore.com/ (the
"Website"), was incompatible with Plaintiff's screen reading
software and keyboard. The fact that Plaintiff could not
communicate with or within the Website left Plaintiff feeling
excluded, frustrated, and humiliated, and gave Plaintiff a sense of
isolation and segregation, as Plaintiff is unable to participate in
the same shopping experience, with the same access to the services,
promotions, as provided at the Website and in the physical location
as the non-visually disabled public, says the complaint.
The Plaintiff has been blind and visually disabled in that
Plaintiff suffers from optical nerve atrophy as a result of
retinoblastoma.
The Defendant owns, operates, and/or controls 7 U.S. based stores
offering streetwear apparel, including limited releases and
exclusive collections, including the store.[BN]
The Plaintiff is represented by:
Aleksandra Kravets, Esq.
ALEKSANDRA KRAVETS, ESQ. P.A.
865 SW 113 Lane
Pembroke Pines, FL 33025
Phone: 347-268-9533
Email: ak@akesqpa.com
TYLER TECHNOLOGIES: Hardy-Gerena Suit Removed to D. Columbia
------------------------------------------------------------
The case captioned as Giordano Hardy-Gerena, individually and on
behalf of all others similarly situated v. TYLER TECHNOLOGIES,
INC., Case No. 2025-CAB-005746 was removed from the Superior Court
of the District of Columbia, to the United States District Court
for District of Columbia on Dec. 15, 2025, and assigned Case No.
1:25-cv-04345.
The Plaintiff asserts claims for: violation of the D.C. Consumer
Protection Procedures Act ("DCCPPA"); and unjust enrichment.[BN]
The Defendants are represented by:
Justin A. Benson, Esq.
Darren Ray, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1155 F Street NW, Suite 700
Washington DC 20004
Phone (202) 508-6000
Facsimile: (202) 508-6200
Email: Justin.benson@bclplaw.com
Darren.Ray@bclplaw.com
UNDER ARMOUR: Ganesh Files Suit Over Data Breach
------------------------------------------------
ORVIN GANESH, on behalf of himself and all others similarly
situated, Plaintiff v. UNDER ARMOUR, INC., Defendant, Case No.
1:25-cv-04106-MJM (D. Md., December 12, 2025) is a class action
against the Defendant for negligence, negligence per se, breach of
fiduciary duty, breach of implied contract, unjust enrichment, and
invasion of privacy, and seeks declaratory relief, injunctive
relief, monetary damages, statutory damages, punitive damages,
equitable relief, and all other relief authorized by law.
According to the complaint, the Plaintiff and the proposed Class
members have entrusted the Defendant with sensitive Personally
Identifiable Information ("PII"), including names, email addresses,
phone numbers, consent statuses, language preferences, purchase
timestamps, product identifiers, prices, quantities, store
preference records, location data for cities and regions, marketing
campaign logs, deep link tracking entries, and identifiers tied to
user accounts and transactions, that was exposed in a data breach
that occurred in November 2025.
On November 17, 2025, the Everest ransomware group announced that
it had stolen 343 GB of Defendant's internal company data, which
included the personal data of millions of customers and employees
from various countries. The group published sample data of PII to
substantiate their claim.
As a result of Defendant's failure to acknowledge the Breach,
Plaintiff and the Class had no idea their PII had been compromised,
and that they were, and continue to be, at significant and imminent
risk of identity theft, fraud and various other forms of personal,
social and financial harm. The risk will remain for their
respective lifetimes because of Defendant's negligence, says the
suit.
Plaintiff Orvin Ganesh is a customer of Defendant who has purchased
merchandise from Defendant's stores.
Defendant Under Armour, Inc., is one of the largest sports apparel
companies in the United States.
The Plaintiff is represented by:
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street NE, Ste. 302,
Washington, DC, 20002
Office: (202) 470-3520
E-mail: jrathod@classlawdc.com
- and -
Beena M. McDonald, Esq.
Alex M. Kashurba, Esq.
Holly E. Jones, Esq.
CHIMICLES SCHWARTZ KRINER
& DONALDSON-SMITH LLP
One Haverford Centre
361 Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
E-mail: bmm@chimicles.com
amk@chimicles.com
hej@chimicles.com
UNITED STATES: 7th Cir. Stays Orders in Castanon-Nava v. DHS
------------------------------------------------------------
The United States Court of Appeals for the Seventh Circuit grants
in part and denies in part the Defendants' request for a stay
pending appeal of two rulings in the lawsuit titled MARGARITO
CASTANON-NAVA, et al., Plaintiffs-Appellees v. U.S. DEPARTMENT OF
HOMELAND SECURITY, et al., Defendants-Appellants, Case No. 25-3050
(7th Cir.).
The matter is an appeal from the U.S. District Court for the
Northern District of Illinois, Eastern Division (Case No.
1:18-cv-3757, Jeffrey I. Cummings, Judge). The Seventh Circuit
panel consists of Thomas L. Kirsch II, John Z. Lee and Doris L.
Pryor, Circuit Judges. Judge Lee wrote the Opinion of the Court.
Judge Kirsch issued a dissent.
In 2022, the Department of Homeland Security and the U.S.
Immigration and Customs Enforcement entered into a Consent Decree
with the Plaintiffs negotiated over the course of two different
administrations. In this lawsuit, the Plaintiffs' principal claim
was that the Defendants' practice of warrantlessly arresting
individuals -- absent probable cause that the subjects were likely
to escape before warrants could be obtained -- violated 8 U.S.C.
Section 1357(a)(2), which governs immigration arrests effectuated
without a warrant. And so, in the Consent Decree, the Defendants
agreed to issue a "Broadcast Statement of Policy" affirming "the
underlying laws and policies applicable to all arrests effected
under 8 U.S.C. Section 1357(a)(2)," provide relevant training, and
document compliance.
In exchange, the Defendants obtained a dismissal with prejudice and
release of all related claims, avoiding the substantial expense,
inconvenience, and distraction of further protracted litigation and
finally putting to rest and terminating the action. The Defendants
do not challenge the validity of the original Consent Decree or the
authority of the district court to enter it.
Instead, the Defendants seek a stay pending appeal of two recent
district court orders issued on Oct. 7 and Nov. 13, 2025. First,
they challenge the district court's October 7 order extending the
term of the Consent Decree by 118 days after finding that the
Defendants had failed to substantially comply with the Consent
Decree. Second, the Defendants seek to stay the district court's
November 13 order requiring the release of 13 individuals, whom
both parties agree were arrested in violation of Section
1357(a)(2), as well as approximately 442 individuals, who (in the
district court's words) "it stands to reason" were "potentially"
arrested in violation of Section 1357(a)(2).
For the reasons explained in this Court's Opinion, the Defendants'
request for a stay pending appeal of the rulings is granted in part
and denied in part. The request for a stay of the October 7
extension order is denied. The request for a stay of the November
13 order is granted under the terms described in the Opinion.
The Panel concludes that the Defendants have not established a
likelihood of success on the merits as to their argument that the
district court's October 7 order extending the term of the Consent
Decree until Feb. 2, 2026, violated Section 1252(f)(1). However,
Judge Lee opines, the Defendants have demonstrated that they are
likely to succeed on their argument that the November 13 order
requiring the release of individuals, who were arrested pursuant to
I-200 warrants, contravened Section 1252(f)(1)'s class-wide
injunction bar.
As for those individuals who were arrested without a warrant, the
Panel believes that the Defendants are not likely to succeed on
their argument that these individuals are subject to mandatory
detention under Section 1225(b)(A)(2), but the Defendants are
likely to successfully argue that the district court exceeded its
authority when ordering their release before making an
individualized determination that they were arrested in violation
of the Consent Decree as required by Section IV(E).
The Court of Appeals grants a stay of the November 13 order after
finding, among other things, that the district court likely
exceeded its authority. Judge Lee opines that ordering the release
of individuals arrested under I-200 warrants constituted class-wide
injunctive relief restraining Section 1226, which is barred by
Section 1252(f)(1) under Supreme Court precedent. Even if the
warrants were allegedly defective, courts below the Supreme Court
cannot grant class-wide relief interfering with Section 1226, Judge
Lee points out. Accordingly, the Panel grants stay as to these
individuals.
The government argued the individuals arrested without any warrant
were subject to mandatory detention under Section 1225(b)(2)(A).
The Panel rejected that argument as unlikely to succeed, explaining
that Section 1225 applies primarily to noncitizens seeking
admission, not those already present inside the country and that
detention of noncitizens arrested within the U.S. traditionally
falls under Section 1226, not Section 1225. The Panel grants stay
as to these individuals pending individualized determinations.
Accordingly, the Court of Appeals ruled as follows. The Defendants'
request to stay the October 7 order granting the Plaintiffs' Rule
60(b)(5) motion to modify the Consent Decree is denied. Turning to
the 13 class members and approximately 442 "potential class
members," who are the subject of the November 13 order, as to those
individuals, who were arrested pursuant to an I-200 warrant, the
Defendants' request to stay the November 13 order pending appeal is
granted. As to those individuals, who were arrested absent a
warrant, the Defendants' motion to stay the November 13 order is
granted pending individual violation determinations pursuant to
Section IV(E) of the Consent Decree.
During oral argument, the Defendants requested that the Court stay
this order for 14 days to permit them to seek emergency relief from
the Supreme Court, if necessary. That request is granted. An
expedited briefing schedule and oral argument date will be set by
separate order.
Judge Kirsch wrote a dissenting opinion. Judge Kirsch says through
a consent decree, one branch of the federal government (the
executive) handed over to another (the judiciary) the power to
enforce compliance with part of the nation's immigration laws.
Judicial enforcement of such an agreement requires flexibility,
Judge Kirsch opines, citing Horne v. Flores, 557 U.S. 433, 447–50
(2009).
When asked to bind current elected officeholders to the policy
preferences of their predecessors, Judge Kirsch says judges must
allow maximum room for democratic governance, citing Evans v. City
of Chicago, 10 F.3d 474, 479 (7th Cir. 1993) (en banc) (plurality
opinion). Judge Kirsch points out, among other things, that
ambiguities in these agreements should be read in this light, and
courts should hesitate to assume that by signing a consent decree
the government knowingly bartered away important public interests
merely to avoid the expense of a trial.
Judge Kirsch opines that the majority and the district court ignore
these concerns in favor of the policy preferences of the last
administration. In doing so, the district court also provided
class-based injunctive relief in violation of the Immigration and
Nationality Act (INA). Because both of the district court's orders
should be stayed in their entirety, Judge Kirsch dissents.
A full-text copy of the Court's Opinion dated Dec. 11, 2025, is
available at https://tinyurl.com/yh4uumzs from GovInfo.gov.
UNITED STATES: Fed. Cir. Affirms Dismissal of Lesko's OT Claim
--------------------------------------------------------------
The United States Court of Appeals for the Federal Circuit, sitting
en banc, affirms the Court of Federal Claims' dismissal of Count II
of Jillian Lesko's complaint in the lawsuit styled JILLIAN LESKO,
Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee, Case No.
23-1823 (Fed. Cir.).
The matter is an appeal from the United States Court of Federal
Claims (Case No. 1:22-cv-00715-CNL, Judge Carolyn N. Lerner). The
Federal Circuit panel consists of Kimberly A. Moore, Chief Circuit
Judge; Alan D. Lourie, Timothy B. Dyk, Sharon Prost, Jimmie V.
Reyna, Richard G. Taranto, Raymond T. Chen, Todd M. Hughes, Kara F.
Stoll, Tiffany P. Cunningham and Leonard P. Stark, Circuit Judges.
The Opinion for the Court was filed by Chief Judge Moore, in which
Circuit Judges Lourie, Dyk, Prost, Taranto, Chen, and Hughes join.
Dissenting Opinion was filed by Circuit Judge Stoll, in which
Circuit Judges Reyna, Cunningham, and Stark join.
Jillian Lesko appeals the Court of Federal Claims' dismissal of all
five counts in her Amended Complaint for failure to state a claim.
The Court of Appeals granted en banc review sua sponte to address a
narrow issue concerning Count II: Is the overtime writing
requirement in 5 C.F.R. Section 550.111(c) a valid exercise of the
Office of Personnel Management's (OPM) rulemaking authority in
light of the statutory requirement in 5 U.S.C. Section 5542(a) that
the Government pay overtime "officially ordered or approved"?
The Court of Appeals held that the Office of Personnel Management's
(OPM) regulation requiring written authorization for overtime work
-- codified at 5 C.F.R. Section 550.111(c) -- is a valid exercise
of congressionally delegated authority. As a result, Ms. Lesko
failed to state a claim for unpaid overtime under 5 U.S.C. Section
5542(a) because she did not allege that her overtime work had been
officially ordered or approved in writing.
The Panel concludes the writing requirement is valid and affirms
the Court of Federal Claims' dismissal of Count II. The Panel
resolved only Count II (the overtime claim) and remanded the
remaining counts to the original panel for later resolution.
Ms. Lesko worked as a registered nurse for the Indian Health
Service (IHS) for eight months during the COVID-19 pandemic. During
this time, she alleges nurses were stretched to their limits, and
supervisors and managers regularly and routinely required nurses to
stay after hours and work without compensation to meet the patient
demands.
After resigning from IHS, Ms. Lesko filed a complaint for a class
action lawsuit, which she amended after the Government moved to
dismiss it. The Amended Complaint includes five counts and alleges
Ms. Lesko and all other similarly situated registered nurses
employed by IHS were denied pay enhancements in violation of
various statutes and regulations.
In Count II, Ms. Lesko alleges the Government violated the overtime
statute by failing to pay registered nurses for overtime induced by
their supervisors. The Government moved to dismiss all counts for
failure to state a claim. The Government argued dismissal was
warranted, in part, because Ms. Lesko did not allege she or any
potential class members had written authorization for overtime as
required by the overtime regulation.
The Court of Federal Claims granted the motion and dismissed all
counts. Ms. Lesko appeals. A panel of this Court heard oral
argument on Oct. 9, 2024. On March 18, 2025, the Court of Appeals
sua sponte granted en banc hearing and ordered briefing and
argument limited to the following issues:
(a) Considering Loper Bright Enterprises v. Raimondo, 603 U.S.
369 (2024), how should "officially ordered or approved" in 5 U.S.C.
Section 5542(a) be interpreted?;
(b) Is this a case in which "the agency is authorized to
exercise a degree of discretion" such that OPM has authority to
adopt its writing requirement?; and
(c) Is there a statutory provision (e.g., 5 U.S.C. Sections
1104, 5548) that provides such authority?
The Federal Circuit accepted the Government's explanation that the
writing requirement is necessary because it limits unexpected or
retroactive liability, provides clear evidence that overtime was
authorized, reduces disputes over whether overtime was approved,
improves fiscal accountability, and gives employees clear notice
that overtime will be compensated.
The Federal Circuit stressed that federal employees have no
statutory right to overtime unless it is officially authorized. The
regulation does not narrow a statutory entitlement; it defines the
form of authorization, which Congress left unspecified.
Accordingly, the Federal Circuit rejected arguments that the
regulation violated the non-delegation doctrine, or the statute's
plain language.
Because the writing requirement is valid, Lesko's allegations --
even if true -- did not satisfy the statutory prerequisites for
overtime compensation, the Federal Circuit Panel opines. As a
result, Count II failed to state a claim, and dismissal was
proper.
A four-judge dissent argued that the statute's best meaning does
not require a writing. According to the Dissenting Opinion,
Congress knew how to impose writing requirements and chose not to
do so in Section 5542(a), and that Section 5548(a) does not clearly
delegate authority to redefine statutory terms. The majority
rejected these arguments and upheld the regulation.
Accordingly, the Federal Circuit holds that OPM's written
authorization requirement is valid, and Ms. Lesko's overtime claim
(Count II) was properly dismissed. All other claims were remanded
for further proceedings before the original panel.
A full-text copy of the Court's Opinion dated Dec. 12, 2025, is
available at https://tinyurl.com/pfwyw67h from the Federal Circuit
Court of Appeals.
Dimitrios Vasiliou Korovilas -- dimitri@wukolaw.com -- Jason
Matthew Wucetich -- jason@wukolaw.com -- WUCETICH & KOROVILAS LLP,
in El Segundo, CA; Michael S. Morrison -- jason@wukolaw.com --
ALEXANDER MORRISON & FEHR LLP, in Los Angeles, CA, for the
Plaintiff-Appellant.
Matthew Jude Carhart -- matthew.carhart@usdoj.gov -- Reginald
Thomas Blades, Jr. -- reginald.blades@usdoj.gov -- Patricia M.
McCarthy -- patricia.mccarthy@usdoj.gov -- Brett Shumate --
brett.a.shumate@usdoj.gov -- Commercial Litigation Branch, Civil
Division, United States Department of Justice, in Washington, D.C.,
for the Defendant-Appellee.
UNIVERSITY OF PENNSYLVANIA: Court Consolidates Cybersecurity Suit
-----------------------------------------------------------------
In the consolidated cases captioned as Christopher F. Kelly, Mary
Sikora, Christian Bersani, Kelli Mackey, Wendy Braund, Johnathan
Kim, Rebecca Lundy, Robin Washington Smart, Neil Gade, Jason
Rosenbaum, Matthew Lachs, Ryan O'Hara, Jason Hughes Ransom, Sharon
Keld, Monique Lukens, Adam Korengold, Thomas Bucks, Ronald Blue,
Jr., and Ronell Conner, individually and on behalf of all others
similarly situated, Plaintiffs, v. University of Pennsylvania,
Defendant, Civil Action Nos. 25-6234, 25-6262, 25-6265, 25-6266,
25-6291, 25-6320, 25-6330, 25-6333, 25-6343, 25-6357, 25-6388,
25-6408, 25-6438, 25-6799, 25-6826, 25-6864, 25-6902, and 25-7108
(E.D. Pa.), Judge Mary Kay Costello of the United States District
Court for the Eastern District of Pennsylvania granted the motion
to consolidate the actions and set deadlines.
In October 2025, the University of Pennsylvania experienced a
cybersecurity incident. Each of the above-captioned cases stemmed
from that incident, and the complaints alleged that the data breach
resulted in unauthorized access to the class members' sensitive
personal information. Majority Plaintiffs Christopher F. Kelly,
Mary Sikora, Christian Bersani, Kelli Mackey, Wendy Braund, Rebecca
Lundy, Robin Washington Smart, Neil Gade, and Jason Rosenbaum moved
to consolidate these actions and set certain deadlines. Majority
Plaintiffs Johnathan Kim, Matthew Lachs, Ryan O'Hara, and Jason
Hughes Ransom did not respond to the consolidation motion. Majority
Plaintiffs Sharon Keld, Monique Lukens, Adam Korengold, Thomas
Bucks, and Ronald Blue, Jr. filed their complaints while the
consolidation motion was pending.
According to the Court: If actions involve a common question of law
or fact, the court may consolidate the actions, or issue any other
orders to avoid unnecessary cost or delay. A court has broad power
under Rule 42(a), and it may consolidate cases upon request or on
its own initiative.
The Court determined that consolidating the actions would promote
judicial economy and facilitate the administration of justice. Each
case was a putative class action arising from the same alleged data
breach. Additionally, each case named the University of
Pennsylvania or its Trustees as the defendant, included similar
factual allegations, and proposed similar class definitions.
Further, the complaints raised substantially the same claims. Under
these circumstances, the actions involved common questions of law
and fact, and consolidation would promote judicial efficiency by
avoiding unnecessary costs, delay, and duplicative efforts.
Accordingly, the Court granted Plaintiffs' motion to consolidate
and set deadlines.
A copy of the Court's Memorandum is available at
https://urlcurt.com/u?l=CwlALD from PacerMonitor.com
UNIVERSITY OF PENNSYLVANIA: Korengold Sues Over Unsecured Info
--------------------------------------------------------------
ADAM KORENGOLD, individually and on behalf of all others similarly
situated, Plaintiff v. THE UNIVERSITY OF PENNSYLVANIA, Defendant,
Case No. 2:25-cv-06864 (E.D. Pa., December 5, 2025) is a class
action lawsuit on behalf of the Plaintiff and all others similarly
situated against the Defendant arising from its failure to properly
secure, safeguard, and protect sensitive personal information
belonging to Plaintiff and Class members.
As part of its operations, UPenn collects and stores large amounts
of students, prospective students, alumni, faculty, and donors'
private information including, but not limited to, Social Security
numbers, financial information, and other sensitive data.
On or about October 31, 2025, UPenn's computer systems were
infiltrated by the ransomware group known as "the hackers," which
encrypted company files and exfiltrated sensitive user data. UPenn
has acknowledged that student, alumni, faculty, and donor
information dating back several years was compromised in the
attack. UPenn breached their duties by failing to implement and to
follow basic security procedures, including adequate network
segmentation, access controls, and ransomware protection, alleges
the suit.
The Plaintiff and Class Members are individuals who directly
provided their private information to UPenn as part of paying for
educational services or providing donations to UPenn.
The University of Pennsylvania is a university that owns and
operates over 100 extensive educational and research facilities
throughout Pennsylvania and surrounding states. The university is
headquartered in Philadelphia, Pennsylvania and has employed
thousands of individuals affiliated with the University throughout
its campus facilities.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
E-mail: aferich@ahdootwolfson.com
- and -
David S. Almeida, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (708) 437-6476
E-mail: david@almeidalawgroup.com
UPLAND SOFTWARE: Underpays Sales Representatives, Vining Claims
---------------------------------------------------------------
AMY VINING, individually and on behalf of all others similarly
situated, Plaintiff v. UPLAND SOFTWARE, INC., Defendant, Case No.
1:25-cv-02028 (W.D. Tex., December 10, 2025) is a class action
against the Defendant for unpaid overtime wages and retaliation in
violation of the Fair Labor Standards Act.
Ms. Vining has worked for the Defendant as a Senior Sales
Development Representative on or about January 9, 2024.
Upland Software, Inc. is a provider of cloud software products,
headquartered in Austin, Texas. [BN]
The Plaintiff is represented by:
Trenton Lacy, Esq.
Austin Kaplan, Esq.
KAPLAN LAW FIRM, PLLC
2901 Bee Cave Road, Suite G
Austin, TX 78746
Telephone: (512) 553-9390
Email: tlacy@kaplanlawatx.com
akaplan@kaplanlawatx.com
VBIT TECH: Denies Bid to Add PUVTA Claims in "Dettmering"
---------------------------------------------------------
In the case captioned as Ross Dettmering, Francis Mangubat, and all
other similarly situated individuals, Plaintiffs, v. VBit
Technologies Corp., VBit Mining LLC, Advanced Mining Group, Danh
Cong Vo a/k/a Don Vo, Katie Vo, Sean Tu, Jin Gao, Lillian Zhao,
John Doe Individuals 1-10, and ABC Companies 1-10, Defendants, C.A.
No. 1:22-cv-01482-JLH-SRF (consolidated with C.A. No.
1:22-cv-1574-JLH-SRF) (D. Del.), United States Magistrate Judge
Sherry R. Fallon of the United States District Court for the
District of Delaware denied Plaintiffs motion for leave to amend
the first amended complaint pursuant to Federal Rule of Civil
Procedure 15(a)(2).
On November 10, 2022, Plaintiffs filed the original complaints
against VBit Technologies Corp, VBit Mining LLC, Advanced Mining
Group (VBit Entities), and Danh Cong Vo a/k/a Don Vo, Phuong D Vo
a/k/a Katie Vo, Sean Tu, and Jin Gao, collectively, Defendants
accusing Defendants of perpetrating a massive Bitcoin mining Ponzi
scheme that duped the Plaintiffs into buying so-called mining
packages. Following an initial round of motion practice by the
individual Defendants, Gao and Katie Vo, the original complaints
were dismissed without prejudice and leave to amend was granted.
Defaults in appearances were entered against the VBit Entities and
individual Defendant Danh Cong Vo.
The First Amended Complaint (FAC) asserts two counts under the
Racketeer Influenced and Corrupt Organizations Act (RICO) 18 U.S.C.
Section 1962, 1964 and various state law claims. The individual
Defendants Katie Vo and Gao briefed a second round of motions to
dismiss which were denied. All individual Defendants answered the
amended pleading and discovery commenced in or around December of
2024.
On December 16, 2024, the court entered a scheduling order
requiring the completion of discovery on or before July 25, 2025,
and scheduling the case for trial beginning on May 16, 2026.
On July 21, 2025, the court granted Defendants unopposed motion to
extend certain deadlines in the scheduling order. The deadlines for
the completion of fact and expert discovery were extended to
September 5, 2025, and September 29, 2025, respectively. The
parties did not seek any extension of the original scheduling
orders deadline for amending pleadings which had expired on March
10, 2023. Plaintiffs filed the instant motion for leave to amend on
September 22, 2025, more than two years after the deadline in the
scheduling order had expired.
By way of their motion for leave to amend, Plaintiffs seek to add
voidable transfer claims in proposed new counts XI and XII against
Defendants Katie Vo and Gao, respectively, under the Pennsylvania
Uniform Voidable Transactions Act (PUVTA) 12 Pa. C.S.A. Section
5104(a). The individual Defendants oppose any further amendments to
the operative complaint. Pro se Defendant, Sean Tu, opposes the
amendment, even though it does not propose to amend the claims
asserted against him in the operative pleading. Therefore, it is
not necessary to separately address Defendant Tus arguments, which
are largely duplicative of those asserted by Defendants Gao and
Katie Vo.
Rule 15(a)(2) of the Federal Rules of Civil Procedure provides that
after a responsive pleading has been filed, a party may amend its
pleading only with the opposing partys written consent or the
courts leave, and the court should freely give leave when justice
so requires. If a party seeks leave to amend after a deadline
imposed by the scheduling order, the court must apply Rule 16 of
the Federal Rules of Civil Procedure. A court-ordered schedule may
be modified only for good cause and with the judges consent. The
good cause element requires the movant to demonstrate that, despite
diligence, the proposed claims could not have been reasonably
sought in a timely manner. Only after having found the requisite
showing of good cause will the court consider whether the proposed
amended pleading meets the Rule 15(a) standard.
Plaintiffs motion for leave to amend the first amended complaint is
denied. As the movants, Plaintiffs bear the burden of showing that
they exercised due diligence in seeking the proposed amendment
under Rule 16(b)(4). Plaintiffs opening brief in support of their
motion fails to address the applicable good cause standard for
motions to amend filed after the scheduling order deadline to amend
pleadings has passed. Plaintiffs arguments under the Rule 15(a)(2)
standard do not apply unless and until good cause has been shown
under Rule 16(b)(4) where, as here, the deadline for amending
pleadings has expired.
In addition, the record before the court does not support a finding
that Plaintiffs exercised diligence in seeking the proposed
amendments. Plaintiffs state in conclusory fashion that they should
be permitted to amend the complaint for a second time because the
motion is in the interest of justice. Plaintiffs fail to address
why they did not seek leave to amend earlier in the case.
Plaintiffs arguments in the opening brief focus solely on the
merits of their proposed cause of action under the PUVTA.
Plaintiffs argue for the first time in their reply that, during
discovery, new facts were revealed in July of 2025, that form the
basis for the PUVTA claim. Plaintiffs represent that the new facts
include documents revealing alleged fraudulent transfers made to
Defendant, Katie Vo, from her ex-husband, Co-Defendant, Dahn Cong
Vo, and documents demonstrating the extent to which Defendant, Gao,
benefited financially from the alleged fraudulent transfers.
Defendants point out that there are no new facts that were not
previously disclosed in discovery. Based on the foregoing, the
record before the court does not support a finding that Plaintiffs
exercised diligence in seeking the proposed amendment.
Defendants Gao and Katie Vo argue that, aside from Plaintiffs lack
of diligence, Plaintiffs should be denied leave to amend because
Defendants would be unduly prejudiced, and the proposed amendment
is futile. With respect to prejudice, Defendants argue that the
amendment would necessitate reopening discovery and further delay a
resolution of the case. Even if the Plaintiffs could demonstrate
that they acted diligently, the proposed amendment is futile. In
assessing futility, the District Court applies the same standard of
legal sufficiency as applies under Rule 12(b)(6).
Plaintiffs proposed amendments fail to identify any of the
statutory elements of the PUVTA nor how the elements apply to each
of the individual Defendants. For example, there are eleven factors
for determining actual intent under 12 Pa. C.S.A. Section 5104(b),
but none of them are mentioned in either of the proposed counts, XI
and XII, against Defendants Katie Vo and Gao, respectively.
Accordingly, the proposed additional counts are conclusory and fail
to describe Plaintiffs theories of PUVTA liability against each
Defendant, therefore, the proposed amendment counts, XI and XII, do
not cross the threshold of plausibly pleaded claims.
For the foregoing reasons, Plaintiffs motion for leave to file a
second amended complaint is denied. This Memorandum Order is filed
pursuant to 28 U.S.C. Section 636(b)(1)(A), Fed. R. Civ. P. 72(a),
and D. Del. LR 72.1(a)(2). The parties may serve and file specific
written objections within fourteen (14) days after being served
with a copy of this Memorandum Order.
A copy of the decision dated December 19, 2025 is available at
https://urlcurt.com/u?l=ThruWH from PacerMonitor.com
WALGREEN CO: Trial & Pretrial Schedule Order Entered
----------------------------------------------------
In the class action lawsuit captioned as Dennis Brown v. Walgreen
Co. et al., Case No. 2:25-cv-10323-PA-MAA (C.D. Cal.), the Hon.
Judge Percy Anderson entered an order setting schedule of trial and
pretrial dates:
Jury Trial at 9:00 a.m.: Nov. 17, 2026
File Final Trial Exhibit Stipulation: Nov. 12, 2026
Hearing on Motions in Limine at 1:30 p.m. Nov. 9, 2026
Hearing on Disputed Jury Instructions at
1:30 p.m.:
Final Pretrial Conference at 1:30 p.m. Oct. 16, 2026
Motions in Limine to be Filed
Proposed Voir Dire Questions &
Agreed-to Statement of Case
Discovery Cut-off: Sept. 8, 2026
Last day for hearing on motion to amend Mar. 23, 2026
pleadings or add parties:
Walgreen operates as a drugstore chain in the United States.
A copy of the Court's order dated Dec. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XBA7I5 at no extra
charge.[CC]
WHITESTONE HOME: Class Settlement in Robertson Gets Final Nod
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In the class action lawsuit captioned as GINGER ROBERTSON,
individually and on behalf of all others similarly situated, v.
WHITESTONE HOME FURNISHINGS, LLC d/b/a Saatva, Case No.
6:23-cv-03184-MDH (W.D. Mo.), the Hon. Judge Harpool entered an
order granting final approval of class action settlement.
On Sept. 2, 2025, the Court granted Plaintiff’s Unopposed Motion
for Preliminary Approval of Class Action Settlement and Conditional
Class Certification.
On Dec. 18, 2025, the Court held a final fairness hearing on the
Motions currently before the Court.
In granting preliminary approval, the Court found it likely that
the requirements of Federal Rules of Civil Procedure 23(a) and
23(b)(3) would be satisfied by the proposed Settlement Class. The
Court affirms this finding, and certifies the Settlement Class for
the purposes of judgment. The Class consists of:
"All consumers who made at least one Qualifying purchase from
June 21, 2018 through June 18, 2024."
A Qualifying Purchase is defined as:
A retail transaction for the purchase of tangible personal property
from Defendant for which all of the following are true: (a) the
transaction was made via Defendant’s website, www.saatva.com; (b)
the transaction was completed between June 21, 2018 through June
18, 2024; (c) the purchased property was shipped by or on behalf of
Defendant from a location outside the State of Missouri; (d) the
purchaser’s delivery address was within the State of Missouri;
and (e) Defendant charged the purchaser an amount of tax on the
transaction that exceeded the Vendor’s Use Tax Amount for that
Transaction.
Incentive Award
The Court confirms its preliminary finding that the requested
incentive award amount is appropriate. The requested award is fair
and reasonable given the Class Representative's service to the
Class, and it does not deter from the fairness or reasonableness of
the settlement. Thus, the Court orders that the Class
Representative be paid an incentive award of $2,500.
Attorneys' Fees and Costs
After considering Class Counsel's Motion for Attorneys' Fees,
Costs, and Incentive Awards, and the Parties’ arguments regarding
the request, the Court grants the requested award of $82,155.72.
Saatva is an American privately held e-commerce company that
specializes in luxury mattresses.
A copy of the Court's order dated Dec. 18, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=L3tPpB at no extra
charge.[CC]
*********
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