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C L A S S A C T I O N R E P O R T E R
Friday, February 13, 2026, Vol. 28, No. 32
Headlines
7 AM ENFANT: Website Inaccessible to Blind Users, Dalton Alleges
ABBOTT DIABETES: Faces Tejada Suit Over Defective Glucose Monitors
ABLETO INC: "Sessa" Settlement Obtains Prelim Court Approval
ACWORTH, GA: Patel Balks at Malicious Prosecution, Rights Violation
ADVANCED STORES: Class Cert. Opening Brief in McCants Due Sept. 4
AMAZON.COM SERVICES: Vincenzetti Bid for Class Cert Due May 22
APPLE INC: Workers Sue Over Restrictions From Having Second Jobs
ASHFORD LAS VEGAS: Gil Files Suit Over ADA Violation
BAUER BUILT: Anderson Loses Class Cert Bid
BLACKROCK TCP: Faces Class Action Lawsuit Over Securities Fraud
CABELAS LLC: Class Cert Bid Filing in Rivera Due April 21
CHARLES KHAN: Blind Users Can't Access Website, Tucker Suit Says
CHOOSE YOUR HORIZON: $400K Settlement Gets Initial Nod
COLUMBUS RUNNING: Website Inaccessible to Blind Users, Wilson Says
CONCORA CREDIT: Faces Pettiford Suit Over Misleading Ads
CROSBY FLYING: Fails to Pay Proper OT Wages, Rodriguez Suit Alleges
CVS PHARMACY: Arbitration Orders in 3rd Party Payors' Suit Modified
DESERT CARE: Bid for Class Certification Due Nov. 4
DIMENSIONS LIVING: Bid to Bifurcate Discovery Tossed w/o Prejudice
DORAL SHOPPING: Saenz Sues Over Property's Architectural Barriers
DOXIMITY INC: Thayer Sues Over Illegal Use of Personal Info
DUKE UNIVERSITY: Class Settlement in Franklin Gets Final Nod
FARMERS INSURANCE: Faces Tongpalad Suit Over Private Data Breach
FEDERAL EXPRESS: Bid to Stay Yamamoto Suit Tossed
FOUNDATION RISK: Class Cert Bid in Charton Extended to April 9
GEN DIGITAL: Class Settlement in Jackson Suit Gets Initial Nod
HAIER US: Faces Class Action Over Defective Washer-Dryer Combo
HARRIS COUNTY, TX: Must Provide Electronic Vote-by-Mail, Suit Says
HEALTH-ADE LLC: Reiter Sues Over Prebiotic Soda's Deceptive Label
HEMLOCK HAT: Hippe Files Suit Over Blind-Inaccessible Website
HUEL INC: Ruz Sues Over Unauthorized Text Messaging Practices
IGLOO PRODUCTS: Court Narrows Claims in "Lieber"
INNODATA SERVICES: Snyder Sues Over Layoff Without Advance Notice
INSPIRE MEDICAL: INPRS Appointed as Lead Plaintiff
INTERACTIVE BROKERS: Settlement in Scott Gets Initial Nod
IRON MOUNTAIN: Fails to Safeguard Clients' Info, Wasilowski Claims
JACK ARCHER: Website Inaccessible to Blind Users, Dalton Says
JH BAXTER: Court Decertifies Previously Certified Class
JJ WHITE: Fails to Safeguard Personal Info, Pierce Says
KNIGHT TRANSPORTATION: Hamilton Bid for Class Cert Partly OK'd
KONINKLIJKE PHILIPS: Seeks to Continue All Deadlines
KRISPY KREME: Agrees to Settle 2024 Data Breach Suit for $1.6-Mil.
KRISTI NOEM: Bah's Petition for Habeas Corpus Granted
LENDUS LLC: Discovery Order Entered in Greist Class Action
LIDESLAMBOUS INC: Braxton Bid to Amend Complaint Partly OK'd
LINKEDIN CORP: Class Cert. Bid in Crowder Amended to Nov. 20
MARK CUBAN: Karnas Seeks Modification of Dec. 30 Order
MCLAREN HEALTH: Agrees to Settle Data Breach Class Suit for $14MM
MELWOOD INC: Fails to Safeguard Private Information, Ingram Says
METROPOLITAN GOVERNMENT: Appeals Court Order in KE Holdings Suit
MICROSOFT CORP: Illegally Stores Biometric Data, Basich Says
NFL PLAYER: Alford Bid for Class Certification Tossed
NFL PLAYER: Alford Bid to Strike Reply Declarations Tossed
NIKE INC: Bid to Redact Third-Party Employee Names Granted
NORTH DAKOTA: Faces Said Suit Over Slavery & Involuntary Servitude
NUTRAMAX LABORATORIES: $11.5MM Deal in "Lytle" Has Prelim Approval
OVERLAND SHEEPSKIN: Dalton Sues Over Blind-Inaccessible Website
PAMELA BONDI: Must Release Coke from Custody
PANERA BREAD: Faces Class Action Lawsuits Over Data Breach
PANERA BREAD: Fails to Safeguard Private Information, Sutcliff Says
PEPSICO INC: Inflates Soft Drinks' Retail Prices, Reese Suit Says
PHARMERICA PS: Class Cert Bid Filing in Thao Reset to March 12
PHIA GROUP: Fails to Safeguard Personal Info, Benosmane Says
PHIA GROUP: Fails to Secure Private Information, Bryan Says
PHIA GROUP: Williams Files Suit Over Data Breach
PLUG POWER: Faces Class Action Suit Over Securities Law Violations
POLAROID AMERICA: Website Uses Tracking Technologies, Cantin Says
POMDOCTOR LTD: Faces Securities Class Action Suit in S.D.N.Y.
PROCTER & GAMBLE: Court Narrows Claims in Kobus Suit
PROGRESSIVE CASUALTY: Nailing Bid for Class Certification Stricken
PSEG LONG: Court Narrows Claims in "Hinds"
RANCHO MATEO: Website Inaccessible to Blind Users, Orcel Alleges
RATHER OUTDOORS: Website Inaccessible to the Blind, Bennett Says
RUSSELL HOLT: Ramirez's Petition for Writ of Habeas Corpus Tossed
RXVANTAGE INC: Standing Order Entered in Villageliu Class Suit
SHIMANO INC: Crankset Class Settlement Gets Final Court Approval
SOUNDCLOUD INC: Fails to Safeguard Private Info, Class Suit Says
SOUNDCLOUD INC: Merkel Files Suit Over Data Breach
SPRING MANAGEMENT: Fails to Secure Clients' Info, Salinas Claims
STOCKX LLC: Faces Dalton Suit Over Blind-Inaccessible Website
TAPESTRY INC: Bid for Partial Summary Judgment vs Ayala Partly OK'd
TEN FORWARD: Tucker Sues Over Blind's Equal Access to Online Store
TRANSDEV SERVICES: Classes in Lovejoy Lawsuit Decertified
TRI COUNTY TELEPHONE: Loses Bid to Recoup Class Suit Legal Bills
ULTRAGENYX PHARMACEUTICAL: Faces Securities Class Action Lawsuit
UNITED NETWORK: Class Cert Bid Filing Due July 17
UNITED STATES: Appeals Renewed Motion for Stay Order to D.C. Cir.
UNITED STATES: Bid for Class Cert in Urbani Suit Due Sept. 15
UNIVERSITY OF PHOENIX: Theus Sues Over Alleged Private Data Breach
VA CLAIMS INSIDER: Warriors Suit Seeks to Certify Rule 23 Class
VISTA HM: Scroggins Seeks OK of Amended Bid for Conditional Cert
VOLKSWAGEN GROUP: Faces Class Action Suit Over Defective Engines
VOZZCOM INC: Bid to File Class Cert Opposition Extended
WESTERN ELECTRICAL: Settles 2024 Data Breach Suit for $500,000
WILD OAK: SFR Services Seeks to Certify Class
WINDSTREAM SERVICES: Hudgins Suit Seeks Class Certification
WISNER BAUM: Inadequately Safeguards Private Info, Winer Says
WOUND TECHNOLOGY: Uribe Sues Over Data Security Failures
YERBAE LLC: Thackrah Sues Over Deceptive Product Labeling
ZHEALTH INC: Inadequately Safeguards Private Info, Schultz Says
ZULILY LLC: Class Cert Bid in Smith Suit Due March 26
Asbestos Litigation
ASBESTOS UPDATE: 3M Co. Co-Defends 3,700 Product Liability Lawsuits
ASBESTOS UPDATE: General Electric Faces Exposure Lawsuits
ASBESTOS UPDATE: Union Carbide Reports $708MM Total Liability
*********
7 AM ENFANT: Website Inaccessible to Blind Users, Dalton Alleges
----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiffs v. 7 A.M. Enfant Inc., Defendant, Case No.
0:26-cv-01031-JMB-DLM (D. Minn., February 4, 2026) arises because
Defendant's Website (www.7amenfant.com) is not fully and equally
accessible to people who are blind or who have low vision in
violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act and its
implementing regulations.
The complaint relates that in order to browse, research, or shop
online and purchase the products and services that Defendant
offers, individuals may visit Defendant's Website. As a consequence
of her experience visiting Defendant's Website, including in the
past year, and from an investigation performed on her behalf,
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content.
The Plaintiff and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, asserts the complaint.
In addition to her claim under the ADA, Plaintiff also asserts a
companion cause of action under the Minnesota Human Rights Act. The
Plaintiff seeks a permanent injunction requiring a change in
Defendant's corporate policies to cause its online store to become,
and remain, accessible to individuals with visual disabilities.
Plaintiff Julie Dalton is legally blind and has been a resident of
Minnesota.
Defendant 7 A.M. Enfant Inc. is a New York Company and is
headquartered at 150 Beekman Street #2, New York, New York 10038.
It offers baby and toddler apparel for sale including, but not
limited to, baby and toddler clothing, outerwear, diaper bags,
stroller accessories, car seat accessories and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
ABBOTT DIABETES: Faces Tejada Suit Over Defective Glucose Monitors
------------------------------------------------------------------
CARMEN TEJADA, individually and on behalf of all others similarly
situated, Plaintiff v. ABBOTT DIABETES CARE INC. and ABBOTT
LABORATORIES, Defendants, Case No. 3:26-cv-01078 (N.D. Cal.,
February 4, 2026) arises from Defendants' failure to disclose
material manufacturing defects that adversely impacted the accuracy
and reliability of its Libre 3 Sensors' glucose readings.
According to the complaint, because Abbott Defendants concealed
material safety information from consumers, and made affirmative
misrepresentations, consumers paid a substantial premium when
buying the defective Libre 3 Sensors in reliance on the numerous
express and implied promises, representations, assurances and/or
affirmations from Defendants.
In December 2025, Abbott was forced to issue a recall for
approximately 3 million of the Libre 3 Sensors, admitting that due
to a faulty production line, the sensors would produce inaccurate
glucose readings that would pose serious health risks, including
potential injury or death, or other less serious complications to
patients using the sensors.
Accordingly, the Plaintiff asserts claims for unjust enrichment,
and for violations of the California Consumers Legal Remedies Act
and the California Unfair Competition Law.
Headquartered in Alameda, CA, Abbott Diabetes Care, Inc. designs,
develops and manufactures glucose monitoring systems and test
strips. [BN]
The Plaintiff is represented by:
Steven A. Schwartz, Esq.
Beena M. McDonald, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
361 West Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
Facsimile: (610) 649-3633
E-mail: steve@chimicles.com
bmm@chimicles.com
ABLETO INC: "Sessa" Settlement Obtains Prelim Court Approval
------------------------------------------------------------
In the case captioned as Michael Sessa, on behalf of himself and
all others similarly situated, Plaintiff, v. AbleTo, Inc.,
Defendant, Case No. 8:23-cv-2219-TPB-CPT (M.D. Fla.), Judge Tom
Barber of the United States District Court for the Middle District
of Florida granted preliminary approval of a class action
settlement in a Telephone Consumer Protection Act case on February
3, 2026.
The Court adopted the January 7, 2026 report and recommendation of
Magistrate Judge Christopher P. Tuite and granted Plaintiff's
unopposed motion for preliminary approval. The Court found the
settlement fair, reasonable, and adequate, having been negotiated
at arms-length between experienced attorneys following substantial
discovery and facilitated by an experienced mediator.
The Court certified, for settlement purposes only, a settlement
class comprising all current or former Aetna members within the
United States who, within the four years prior to the filing of the
complaint through to the date of preliminary approval, received a
prerecorded voicemail from Defendant on their cellular phone. The
class period runs from September 29, 2019, through the date of
preliminary approval.
According to the Settlement:Each settlement class member who
submits a timely, valid claim will receive $23. The Court appointed
Michael Sessa as class representative, William Howard, Abbas
Kazarounian, and Ryan L. McBride as class counsel, and American
Legal Claims Services, LLC as claims administrator. The Court
approved the proposed notice plan, including email and postcard
notices, and scheduled a final fairness hearing before the
magistrate judge.
A copy of the court's preliminary settlement dated 3rd February,
2026 is available at https://urlcurt.com/u?l=o5bhW5 from
PacerMonitor.com
Defendant AbleTo, Inc. is represented by:
Allen Paige Pegg
Katherine I. Culora
Adam K. Levin
Carolyn A. DeLone
Hogan Lovells US LLP
allen.pegg@hoganlovells.com
katherine.culora@hoganlovells.com
adam.levin@hoganlovells.com
carolyn.delone@hoganlovells.com
Plaintiff Michael Sessa is represented by:
Ryan Lee McBride
Kazerouni Law Group, APC
Tel: 800-400-6808
ryan@kazlg.com](mailto:ryan@kazlg.com
Amanda J. Allen
William Peerce Howard
The Consumer Protection Firm, PLLC
Tel: 813-500-1500
amanda@theconsumerprotectionfirm.com
billy@theconsumerprotectionfirm.com
Mohammad Kazerouni
Kazerouni Law Group APC
Tel: 800-400-6808
mike@kazlg.com
Mediator is Emmett L. Battles of Zinober Diana & Monteverde P.A.
ebattles@zinoberdiana.com was terminated on February 1, 2024.
ACWORTH, GA: Patel Balks at Malicious Prosecution, Rights Violation
-------------------------------------------------------------------
MAHENDRA PATEL, individually and on behalf of all others similarly
situated, Plaintiff v. OFFICER JAMES EVAN WALLACE, CITY OF ACWORTH,
SONYA F. ALLEN, CAROLINE MILLER, and TEMPERANCE STODDARD, jointly
and severally, Defendants, Case No. 1:26-cv-00732-SDG (N.D. Ga.,
February 9, 2026) is a class action against the Defendants for
Monell Liability for malicious prosecution, class-of-one equal
protection violation, conspiracy to deprive constitutional rights,
and malicious prosecution under Georgia Common Law.
The case arises from Defendants Wallace and Stoddard's failure to
conduct a reasonable investigation before seeking criminal charges
against the Plaintiff. According to the complaint, Defendant Miller
accused the Plaintiff with criminal attempt to commit kidnapping,
simple assault, and simple battery at a Walmart store. Rather than
reviewing and fairly evaluating the surveillance footage,
Defendants Wallace and Stoddard relied almost exclusively on Ms.
Miller's allegations.
As a result of Defendants' actions, the Plaintiff was incarcerated
for 47 days without bond and lost business opportunities, was
removed from charitable organizations, and endured significant
public stigma, says the suit.
City of Acworth is a municipality in the State of Georgia. [BN]
The Plaintiff is represented by:
David F. Miceli, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
800 Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (866) 252-0878
Facsimile: (865) 522-0049
Email: dmiceli@milberg.com
- and -
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive, PH Suite
Beverly Hills, CA 90212
Telephone: (866) 252-0878
Facsimile: (865) 522-0049
Email: astraus@milberg.com
- and -
Solomon M. Radner, Esq.
RADNER LAW GROUP, PLLC
17515 West 9 Mile Rd., Suite 1050
Southfield, MI 48075
Telephone: (877) 723-6375
Facsimile: (866) 571-1020
Email: solomon@radnerlawgroup.com
ADVANCED STORES: Class Cert. Opening Brief in McCants Due Sept. 4
-----------------------------------------------------------------
In the class action lawsuit captioned as McCants v. Advanced Stores
Company Inc., Case No. 3:25-cv-03370 (C.D. Ill., Filed Dec. 1,
2025), the Hon. Judge Sue E. Myerscough entered an order:
-- Protective Order and ESI Protocol by Feb. 20, 2026
-- Amendment of Pleadings by April 30, 2026
-- Joinder of Additional Parties by April 30, 2026
-- Motion for Class Certification Opening Brief by Sept. 4, 2026
-- Response by Oct. 5, 2026
-- Reply by Oct. 19, 2026
-- Disclosure of Plaintiff's Experts by Nov. 18, 2026
-- Disclosure of Plaintiff's Expert Reports by Dec. 2, 2026
-- Close of Fact Discovery by Dec. 11, 2026
-- Plaintiff's Experts Deposed by Dec. 18, 2026
-- Disclosure of Defendant's Experts by Dec. 18, 2026
-- Disclosure of Defendant's Expert Reports by Jan. 8, 2027
-- Defendant's Experts Deposed by Jan. 22, 2027
-- Completion of All Discovery by Feb. 26, 2027
-- Dispositive Motions Filed by March 19, 2027
The suit alleges violation of the Fair Credit Reporting Act
(FCRA).
Advance specializes in the distribution and retail of automotive
aftermarket parts.[CC]
AMAZON.COM SERVICES: Vincenzetti Bid for Class Cert Due May 22
--------------------------------------------------------------
In the class action lawsuit captioned as JENNIFER VINCENZETTI and
ALICIA GRUMET, on behalf of themselves and those similarly
situated, v. AMAZON.COM SERVICES LLC, Case No. 1:21-cv-02681-RM-NRN
(D. Colo.), the Court entered an order granting joint motion to
extend deadlines:
Supplemental document production by: Feb. 2, 2026
Completion of two remaining depositions by: April 14, 2026
The Plaintiffs' motion for class certification: May 22, 2026
Opposition to class certification: June 22, 2026
Replies in support of class certification: July 20, 2026
Motion for Summary Judgments by: Aug. 14, 2026
Amazon.com provides e-commerce services.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RotNtN at no extra
charge.[CC]
The Plaintiffs are represented by:
Don J. Foty, Esq.
HODGES & FOTY, L.L.P.
4409 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: dfoty@hftrialfirm.com
- and -
Alexander N. Hood, Esq.
David H. Seligman, Esq.
Brianne M. Power, Esq.
TOWARDS JUSTICE
Denver, CO 80237-5680
Telephone: (720) 441-2236
E-mail: alex@towardsjustice.org
david@towardsjustice.org
brianne@towardsjustice.org
- and -
Brian D. Gonzales, Esq.
THE LAW OFFICES OF BRIAN D. GONZALES
2580 East Harmony Road, Suite 201
Fort Collins, CO 80528
Telephone: (970) 214-0562
E-mail: BGonzales@ColoradoWageLaw.com
The Defendant is represented by:
Kyle Anne Petersen, Esq.
Stephanie D. Delatorre, Esq.
SEYFARTH SHAW LLP
233 South Wacker Drive, Suite 8000
Chicago, IL 60606-6448
E-mail: kpetersen@seyfarth.com
sdelatorre@seyfarth.com
- and -
Gregory Paul Szewczyk, Esq.
BALLARD SPAHR LLP-DENVER
1225 Seventeenth Street, Suite 2300
Denver, CO 80202-5596
APPLE INC: Workers Sue Over Restrictions From Having Second Jobs
----------------------------------------------------------------
Top Class Actions reports that a former Apple employee filed a
class action lawsuit against Apple Inc.
Why: The tech giant allegedly illegally restricted its employees
from having second jobs.
Where: The Apple class action lawsuit was removed to Washington
federal court.
A new class action lawsuit claims that Apple illegally prohibited
its employees from having second jobs.
Plaintiff Gabriel Fisher, a former Apple employee, filed the class
action complaint against the company on Dec. 17 in Washington state
court, alleging violations of state employment laws. The case was
later removed to Washington federal court.
According to the class action lawsuit, Apple has been unlawfully
restricting its low-wage employees from engaging in additional
employment, violating Washington state's noncompetition law.
The lawsuit claims the company's business practices have prevented
Apple employees who earn less than twice the state minimum wage
from holding second jobs, working as independent contractors or
being self-employed.
The plaintiff argues that these restrictions are illegal under
Washington state law, which prohibits such covenants for low-wage
workers.
"Apple's policies and procedures reflect a standard business
practice designed to prevent low-wage workers from having second
jobs," the Apple class action lawsuit says.
Class members seeking $5,000 each in statutory damages, Apple class
action alleges
The Washington state law, effective since Jan. 1, 2020, aims to
facilitate workforce mobility and protect workers by prohibiting
restrictive covenants that limit competition or hiring, the Apple
class action lawsuit says.
The law specifically states that an employer may not restrict,
restrain or prohibit an employee earning less than twice the
applicable state minimum hourly wage from having an additional job,
supplementing their income by working for another employer, working
as an independent contractor or being self-employed.
The class action lawsuit alleges that Apple violated this provision
by imposing restrictive covenants on its employees, preventing them
from seeking additional employment opportunities.
The plaintiff and other class members who were subject to these
restrictions are seeking $5,000 each in statutory damages, plus
attorney fees and costs.
A preliminary review of Apple's records shows that more than 1,000
individuals worked for Apple in Washington from Dec. 17, 2022, to
Jan. 15, 2026, and earned less than twice the applicable state
minimum hourly wage, the class action lawsuit states.
The lawsuit aims to represent a class of all current and former
Apple employees who worked in Washington and earned less than twice
the applicable state minimum hourly wage from Dec. 17, 2022,
through the date of certification of the class.
In another recent Apple class action, a consumer alleges the tech
giant falsely advertises digital content on its Apple TV platform
as "4K."
The plaintiff is represented by Timothy W. Emery, Patrick B. Reddy,
Paul Cipriani and Hannah M. Hamley of Emery Reddy P.C.
The Apple class action lawsuit is Fisher v. Apple Inc., Case No.
2:26-cv-00204, in the United States District Court for the Western
District of Washington. [GN]
ASHFORD LAS VEGAS: Gil Files Suit Over ADA Violation
----------------------------------------------------
JUAN CARLOS GIL, an individual, and ACCESS 4 ALL, INC., a Florida
not for Profit Corporation, Plaintiffs v. ASHFORD LAS VEGAS LP, a
Limited Partnership, ASHFORD TRS LAS VEGAS LLC, a Limited Liability
Company, and PARKING MANAGEMENT COMPANY, LLC, a Limited Liability
Company, Defendants, Case No. 2:26-cv-00253 (D. Nev., February 4,
2026) is a class action against the Defendants by failing to make
reasonable modifications in policies, practices or procedures, when
such modifications are necessary to afford all offered goods,
services, facilities, privileges, advantages or accommodations to
individuals with disabilities; and by failing to take such efforts
that may be necessary to ensure that no individual with a
disability is excluded, denied services, segregated or otherwise
treated differently than other individuals because of the absence
of auxiliary aids and services.
Defendants ASHFORD LAS VEGAS LP, ASHFORD TRS LAS VEGAS LLC, and
ARKING MANAGEMENT COMPANY, LLC are companies located in Delaware
and doing business in the State of Nevada, owning and operating a
hotel in the State of Nevada, and deriving substantial revenue from
the State. The Defendants own, operate, control and/or maintain a
website for the Commercial Property, and/or manages listings and
provide information to third party sites, which contain an online
reservations systems for the Commercial Property.
According to the complaint, Plaintiff JUAN CARLOS GIL stayed at the
Commercial Property from November 21, 2025 to November 22, 2025.
Plaintiff, Gil, is an avid racing fan who visits the Las Vegas area
whenever possible. Beyond traveling to Las Vegas for racing events,
casinos and concerts, he enjoys the Las Vegas atmosphere which he
finds invigorating.
The complaint alleges that the Defendants have discriminated
against Plaintiffs by denying them 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. The Plaintiff plans on returning to the area
in 2026 for Formula 1 racing as well as meetings held by the
National Federation of the Blind. If the property remains
inaccessible at that time, he will once again be forced to change
accommodations and will suffer the stress and expense of another
last minute relocation.
The Plaintiffs have suffered irreparable harm, and are entitled to
recover attorney's fees, costs, adds the complaint.
Plaintiff JUAN CARLOS GIL, disabled, is an individual over eighteen
years of age, who resides in Florida and is otherwise sui juris. He
is a member of the Not-for-profit Corporation, ACCESS 4 ALL, INC.
Plaintiff, ACCESS 4 ALL, INC, is a Florida Not-for-profit
Corporation, formed under the laws of Florida, and maintains its
principal office in Miami-Dade County, Florida. Members of its
organization include individuals with disabilities as defined by
the ADA, and are representative of a cross-section of the
disabilities to be protected from discrimination by the ADA.[BN]
The Plaintiffs are represented by:
Lee Iglody
IGLODY LAW
2580 St. Rose Parkway, Suite 330
Henderson, NV 89074
Telephone: 702-425-5366
E-mail: lee@iglody.com
- and -
John A. Salcedo, Esq.
THE MINEO SALCEDO LAW FIRM, P.A.
5600 Davie Road
Davie, FL 33314
Telephone: 954.463.8100
E-mail: jsalcedo@mineolaw.com
BAUER BUILT: Anderson Loses Class Cert Bid
------------------------------------------
In the class action lawsuit captioned as JORDAN ANDERSON, on behalf
of himself and others similarly situated, v. BAUER BUILT INC. d/b/a
Bauer Built Tire & Service, Case No. 3:24-cv-00200-jdp (W.D. Wis.),
the Hon. Judge Peterson entered an order as follows:
1. The Plaintiff Jordan Anderson's unopposed motion for
certification of a class and for preliminary approval of the
settlement is denied without prejudice.
2. Anderson may have until Feb. 12, 2026, to file an amended
motion addressing the concerns raised in this order.
The parties' settlement agreement defines the proposed class as
follows:
"All individuals residing in the United States whose PII/PHI
was compromised in the Data Breach discovered by Bauer in
April 2023, including all those individuals who received
notice of the breach."
The class action arises from a cyberattack on defendant Bauer Built
Inc., which sells and services tires.
The Plaintiff Anderson is a former employee of Bauer Built.
Anderson alleges that Bauer Built's failure to adequately protect
its computer network allowed cybercriminals to steal information
about Bauer Built's customers and employees, including full names,
social security numbers, driver license numbers, financial account
numbers, and medical information.
Bauer Built manufactures tire products.
A copy of the Court's opinion and order dated Jan. 29, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=N8Lqks
at no extra charge.[CC]
BLACKROCK TCP: Faces Class Action Lawsuit Over Securities Fraud
---------------------------------------------------------------
The Law Offices of Frank R. Cruz announces that a class action
lawsuit has been filed on behalf of shareholders who purchased or
otherwise acquired BlackRock TCP Capital Corp. ("BlackRock" or the
"Company") (NASDAQ: TCPC) securities between November 6, 2024 and
January 23, 2026, inclusive (the "Class Period"). BlackRock
investors have until April 6, 2026 to file a lead plaintiff
motion.
IF YOU SUFFERED A LOSS ON YOUR BLACKROCK (TCPC) INVESTMENTS, CLICK
https://www.frankcruzlaw.com/cases/blackrock-tcp-capital-corp/ TO
SUBMIT A CLAIM TO POTENTIALLY RECOVER YOUR LOSSES IN THE ONGOING
SECURITIES FRAUD LAWSUIT.
You can also contact the Law Offices of Frank R. Cruz to discuss
your legal rights by email at info@frankcruzlaw.com, by telephone
at (310) 914-5007, or visit our website at www.frankcruzlaw.com.
What Happened?
On February 27, 2025, before the market opened, the Company issued
a press release announcing financial results for the fourth quarter
and year ended December 31, 2024. The press release disclosed that
the Company's portfolio had significantly weakened during the 2024
fiscal year. Specifically, the press release revealed the number of
portfolio companies on non-accrual status had more than doubled,
and as a result, debt investments on non-accrual status at cost
increased by 289% (from 3.7% to 14.4% of the portfolio). Moreover,
the press release revealed that the Company's net asset value
("NAV") had fallen 22.44% year over year to $9.23 per share. Total
losses, both realized and unrealized, were revealed to have
ballooned to $194,895,042 for the fiscal year, a 186% increase year
over year, in large part due to a newly added $72.3 million net
unrealized loss within the fourth quarter. Despite this, the press
release alleged the NAV of the Company was accurate at $9.23 per
share, and that "the vast majority of [the Company's] portfolio
continued to perform well," and the Company was "working closely
with [its] borrowers and sponsors to resolve the portfolio
issues."
On this news, the Company's stock price fell $0.90, or 9.64%, to
close at $8.44 per share on February 27, 2025, on unusually heavy
trading volume.
On January 23, 2026, after market hours, BlackRock TCP disclosed
certain fourth quarter and full year 2025 financial results,
including that the Company's NAV per share as of December 31, 2025
was in fact in the range of $7.05 to $7.09, 19% less than reported
the prior quarter and 23.4% less than reported the prior year.
On this news, BlackRock TCP's stock price fell $0.76, or 12.97%, to
close at $5.10 per share on January 26, 2026, on unusually heavy
trading volume.
What Is The Lawsuit About?
The complaint filed in this class action alleges that throughout
the Class Period, Defendants made materially false and/or
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants failed to disclose to
investors: (1) the Company's investments were not being timely
and/or appropriately valued; (2) the Company's efforts at portfolio
restructuring were not effectively resolving challenged credits or
improving the quality of the portfolio; (3) as a result, the
Company's unrealized losses were understated; (4) as a result, the
Company's NAV was overstated; and (5) that, as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
Contact Us To Participate or Learn More:
If you purchased BlackRock securities, wish to learn more about
this action, or have any questions concerning this announcement or
your rights or interests with respect to these matters, please
click HERE or contact us at:
Law Offices of Frank R. Cruz
2121 Avenue of the Stars, Suite 800
Telephone: (310) 914-5007
Email: info@frankcruzlaw.com
Visit our website at: www.frankcruzlaw.com
This press release may be considered Attorney Advertising in some
jurisdictions under the applicable law and ethical rules.
Contacts
Law Offices of Frank R. Cruz
2121 Avenue of the Stars, Suite 800
Telephone: (310) 914-5007
Email: info@frankcruzlaw.com
Visit our website at: www.frankcruzlaw.com [GN]
CABELAS LLC: Class Cert Bid Filing in Rivera Due April 21
---------------------------------------------------------
In the class action lawsuit captioned as EDGAR RIVERA, individually
and on behalf of all others similarly situated, v. CABELAS LLC, a
Delaware company, Case No. 1:25-cv-00290-NYW-KAS (D. Colo.), the
Hon. Judge Starnella entered an order granting the parties'
stipulation and joint request to extend scheduling deadlines.
The discovery cut off is extended to April 7, 2026.
The dispositive motion deadline is extended to May 8, 2026.
The deadline to file a motion for class certification is extended
to April 21, 2026.
Cabela's is an American retailer specializing in hunting, fishing,
camping, and outdoor gear.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XXLCD8 at no extra
charge.[CC]
CHARLES KHAN: Blind Users Can't Access Website, Tucker Suit Says
----------------------------------------------------------------
HENRY TUCKER, individually and on behalf of all others similarly
situated, Plaintiff v. CHARLES KHAN INVESTMENTS LLC, Defendant,
Case No. 1:26-cv-01105 (S.D.N.Y., February 9, 2026) is a class
action against the Defendant for violations of Title III of the
Americans with Disabilities Act, the New York State Human Rights
Law, the New York City Human Rights Law, and the New York State
General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://atlanticnaturals.com/, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of
their online goods, content, and services offered to the public
through the website. The accessibility issues on the website
include but not limited to: lack of alternative text (alt-text),
empty links that contain no text, redundant links, and linked
images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Charles Khan Investments LLC is a company that sells online goods
and services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
CHOOSE YOUR HORIZON: $400K Settlement Gets Initial Nod
------------------------------------------------------
In the class action lawsuit captioned as KAREN MARTINEZ, et al.,
individually and on behalf of all other similarly situated v.
CHOOSE YOUR HORIZON, INC., Case No. 3:24-cv-02798-LB (N.D. Cal.),
the Hon. Judge Beeler entered an order:
(1) preliminarily approving the settlement and authorizes the
notices as set forth in this order,
(2) approving the notice plan,
(3) provisionally appointing the class representatives and class
counsel,
(4) appointing Simpluris as the settlement administrator,
(5) directing the procedures in this order, and
(6) directing the parties and Simpluris to carry out their
obligations pursuant to the Settlement Agreement.
The schedule for all events is summarized in the chart in the
proposed order, filed simultaneously with this order. The
final-approval hearing will be on April 23, 2026. This resolves ECF
No. 61.
The court finds (for settlement purposes only) that the proposed
settlement class meets the Rule 23(a) prerequisites of numerosity,
commonality, typicality, and adequacy.
The plaintiffs, Karen Martinez and Eli Silva, claim that CYH
intercepted their personally identifying information and personal
health information and disclosed it to third parties, in violation
of California privacy statutes.
The Settlement Class is defined as follows:
"All California residents who, from May 9, 2023, to and
through July 11, 2024, had their personally identifiable
information or protected health information disclosed to
third-party entities, as a result of using the Websites
while located in California."
Excluded from the Settlement Class are: (1) any Judge or
Magistrate presiding over this Action and members of their
families; (2) the Defendant, the Defendant's subsidiaries,
parent companies, successors, predecessors, and any entity
in which the defendant or its parents have a controlling
interest and their current or former officers, directors,
agents, attorneys, and employees; (3) persons who properly
execute and file a timely request for exclusion from the
class; and (4) the legal representatives, successors or
assigns of any such excluded persons.
The gross Settlement Fund is $400,000.00 and is fully
non-reversionary.15 It will be used to pay all Settlement Class
Members, Notice and Settlement Administration Costs, taxes owed by
the Settlement Fund, any court-approved service award to the
plaintiffs, and any court-approved attorney’s fees and awards.
Choose Your Horizon is a psychiatric practice offering innovative
at-home therapies and coaching.
A copy of the Court's order dated Jan. 29, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OD9MD1 at no extra
charge.[CC]
COLUMBUS RUNNING: Website Inaccessible to Blind Users, Wilson Says
------------------------------------------------------------------
HOWARD WILSON, on behalf of himself and all others similarly
situated, Plaintiffs v. COLUMBUS RUNNING COMPANY, LLC, Defendant,
Case No. 1:26-cv-01368 (N.D. Ill., February 5, 2026) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its website,
www.columbusrunning.com to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people, in
violation of Plaintiff's rights under the Americans with
Disabilities Act.
The complaint relates that on July 7, 2025, the Plaintiff visited
Defendant's website, www.columbusrunning.com to purchase the Brooks
Men's Hyperion Max 3, from the Defendant's online store. Despite
his efforts, however, Plaintiff was denied a shopping experience
similar to that of a sighted individual due to the website's lack
of a variety of features and accommodations, which effectively
barred Plaintiff from having an unimpeded shopping experience. The
Website contains access barriers that prevent free and full use by
the Plaintiff using keyboards and screen reading software. These
barriers include: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse. The Website also contained a host of
broken links, which is a hyperlink to a non-existent or empty
webpage.
The complaint alleges that for the visually impaired, this is
especially paralyzing due to the inability to navigate or otherwise
determine where one is on the website once a broken link is
encountered. These access barriers effectively denied Plaintiff the
ability to use and enjoy Defendant's website the same way sighted
individuals do.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Plaintiff HOWARD WILSON is a visually-impaired and legally blind
person who requires screen-reading software to read website content
using the computer.
Defendant COLUMBUS RUNNING COMPANY, LLC owns and operates the
Website which presents Columbusrunning.com, as a specialty retailer
focused on serving runners with footwear, apparel, accessories, and
service support, such as fitting. It highlights a curated selection
of performance gear from leading brands, as well as training
resources and events for athletes of all levels.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500 ext. 101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
CONCORA CREDIT: Faces Pettiford Suit Over Misleading Ads
--------------------------------------------------------
JUDITH PETTIFORD, individually and on behalf of all others
similarly situated, Plaintiff v. CONCORA CREDIT INC, a Delaware
corporation, Defendant, Case No. 3:26-cv-00709-JES-BLM (S.D. Cal.,
February 4, 2026) arises from Defendant's deceptive, urgency-driven
advertisements designed to mislead unwary consumers into believing
they have been specially selected for immediate credit cards.
The Plaintiff received a message promoting Defendant's credit
services. However, the Defendant's message (1) came from a spoofed,
nonsensical address; (2) contained a forged domain untraceable to
defendant; and (3) falsely framed a mass-market solicitation as a
personalized "congratulations" about qualifying for a unique credit
card. The Plaintiff alleges that the Defendant deliberately
outsources its credit card solicitation to third-party affiliate
marketers to reap the benefits of large-scale unlawful spamming.
The Plaintiff asserts claims for violations of the California
Business & Professions Code.
Concora Credit Inc. is a financial services company headquartered
in Oregon. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
CROSBY FLYING: Fails to Pay Proper OT Wages, Rodriguez Suit Alleges
-------------------------------------------------------------------
OSVALDO RODRIGUEZ, individually and on behalf of all others
similarly situated v. CROSBY FLYING SERVICES, LLC, Case
No.4:26-cv-00012-DC-DF (W.D. Tex., February 4, 2026) seeks for
damages and other relief for the Defendant's alleged violations of
the Fair Labor Standards Act.
The Plaintiff was employed by Defendant as an aircraft refueler and
assistant manager, and was paid an hourly rate, from approximately
March 9, 2020 to January 26, 2025. Allegedly, the Defendant has
suffered, required and permitted Plaintiff and the collective
members to regularly work in excess of 40 hours in a workweek
without overtime compensation for all such hours worked. However,
the Defendant routinely reduced and did not pay Plaintiff's and
collective members for all their actual hours worked, says the
suit.
Headquartered in Dallas, TX, Crosby Flying Services, LLC provides
aircraft services that include aircraft charter and rental,
refueling and maintenance. [BN]
The Plaintiff is represented by:
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Telephone: (225) 925-5297
Facsimile: (225) 231-7000
E-mail: phil@bohrerbrady.com
scott@bohrerbrady.com
CVS PHARMACY: Arbitration Orders in 3rd Party Payors' Suit Modified
-------------------------------------------------------------------
In the case captioned as Sheet Metal Workers Local No. 20 Welfare
and Benefit Fund; and Indiana Carpenters Welfare Fund, on behalf of
themselves and all others similarly situated, Plaintiffs, v. CVS
Pharmacy, Inc., Defendant, C.A. No. 16-cv-046-JJM-PAS (D.R.I.),
Chief Judge John J. McConnell, Jr. of the United States District
Court for the District of Rhode Island granted the Plaintiffs'
motion for reconsideration and modified earlier arbitration
orders.
The Court found that the law of the First Circuit has changed such
that the Court must lift its stay, eliminate the previously created
subclasses, and allow some of the class members' claims to proceed
while dismissing the claims of other class members.
Plaintiffs are members of a class action lawsuit brought against
CVS Pharmacy, Inc. The Plaintiffs are third-party payors or health
plans that offer their members prescription drug insurance at
subsidized or reduced costs. CVS is one of the defendants in this
lawsuit. There are also various pharmacy benefit managers that have
been involved in this case in various capacities, including
Caremark, OptumRx, Express Scripts, Medco, and MedImpact. The
pharmacy benefit managers act as middleperson between the
third-party payors and CVS by, among other things, negotiating drug
prices on behalf of the third-party payers.
Plaintiffs first brought claims against CVS nearly a decade ago,
alleging violations of the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. Section 1961, et seq., and state
consumer protection acts, as well as claims for negligent
misrepresentation, fraud, and unjust enrichment. In essence,
Plaintiffs assert that CVS conspired with certain pharmacy benefit
managers to defraud and overcharge Plaintiffs for prescription
drugs. On May 11, 2021, the Court certified a Nationwide Class.
This class is composed of over 5,000 third-party payors who
contracted with the pharmacy benefit managers. Crucially, CVS is
not a party to any of these contracts.
As part of the discovery process, the pharmacy benefit managers
began to produce their contracts with the third-party payors.
Several of these contracts contain alternative dispute resolution
provisions, which require the parties to submit to either
arbitration or mediation. In 2023, pharmacy benefit manager
Caremark and CVS filed separate motions to compel Plaintiffs to
submit to the alternative dispute resolution provisions or, in the
alternative, to dismiss from the class any absent class member
third-party payor with an alternative dispute resolution provision
in its contract with Caremark. On May 30, 2024, the Court issued an
order that made several key holdings. First, the Court dismissed
Caremark from this lawsuit entirely. Second, the Court put certain
absent class members into a subclass and temporarily stayed those
subclass members' claims. The Caremark Subclass is specifically
composed of 2,312 third-party payors whose contracts with Caremark
have arbitration agreements that contain delegation clauses, which
delegate questions of arbitrability to an arbitrator.
The Court later created another subclass for absent class members
whose contracts with MedImpact contain arbitration provisions with
delegation clauses, and the claims of the MedImpact Subclass were
also temporarily stayed. Plaintiffs requested that the Court vacate
its Arbitration Orders, eliminate the Caremark and MedImpact
Subclasses, and decide the issue of arbitrability itself.
Plaintiffs asserted that this outcome is necessary because, since
issuing the Arbitration Orders, the law has changed in the First
Circuit. CVS objected to this motion.
The Court treated Plaintiffs' motion as a Motion for
Reconsideration. The Court noted that granting a motion for
reconsideration is an extraordinary remedy which should be used
sparingly. A court may grant such a motion only in one of three
limited circumstances: if the moving party presents newly
discovered evidence, if there has been an intervening change in the
law, or if the movant can demonstrate that the original decision
was based on a manifest error of law or was clearly unjust.
Plaintiffs asserted that, since the Court issued its Arbitration
Orders, there has been an intervening change in the law of the
First Circuit. Last year, the First Circuit issued its decision in
Morales-Posada v. Cultural Care, Inc., which marked a shift in how
nonsignatories to arbitration agreements can compel signatories to
those agreements to submit to arbitration. The Court agreed with
Plaintiffs that reconsideration of the Arbitration Orders is
appropriate.
The First Circuit held that as a general rule, contractual
agreements bind only the parties to the agreement and may be
enforced only by those parties. The Court clarified that federal
courts do in fact possess authority to determine whether CVS could,
as a nonsignatory, enforce the delegation provisions contained in
the contracts. The First Circuit made clear that nonsignatories
must first establish their right to enforce a delegation clause
through one or more of the traditional principles of contract law
that permit nonsignatory enforcement.
The Court determined that CVS may invoke the delegation clauses
contained in the contracts only if it can explain how it overcomes
the general rule that contractual agreements bind only the parties
to the agreement and may be enforced only by those parties. And
whether a nonsignatory like CVS can make this showing is squarely
an issue for this Court, rather than an arbitrator, to decide.
The Court conducted the equitable estoppel analysis on a
state-by-state basis. The contracts with delegation clauses invoke
the law of 33 states and the District of Columbia. The Court
grouped the claims into Category 1 Claims and Category 2 Claims.
Category 1 Claims are those claims governed by states that apply
the rely on test and/or concerted misconduct test for equitable
estoppel. CVS is entitled to enforce the delegation clauses
associated with these claims, and these claims must therefore be
dismissed from this lawsuit.
Category 2 Claims are those claims governed by states that employ
the detrimental reliance test, or that preclude nonsignatories from
enforcing arbitration agreements absent language in the agreements
that expressly contemplates nonsignatory enforcement. CVS is not
entitled to enforce the delegation clauses associated with these
claims. These claims can therefore proceed in court.
Accordingly, the Court granted Plaintiffs' Motion and modified its
rulings as follows: The Court's earlier stay is lifted; the claims
of third-party payors with delegated arbitration agreements
governed by Arizona, California, Delaware, the District of
Columbia, Florida, Georgia, Hawaii, Iowa, Kentucky, Louisiana,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New
York, North Carolina, Ohio, Pennsylvania, Rhode Island, South
Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West
Virginia law are dismissed; the claims of third-party payors with
delegated arbitration agreements governed by Colorado, Illinois,
Indiana, New Jersey, Oregon, and Wisconsin law may proceed; and the
Caremark and MedImpact Subclasses are eliminated.
A copy of the Court's decision dated February 3 is available at
https://urlcurt.com/u?l=V3ElKd from PacerMonitor.com
Defendant CVS Health Corporation is represented by:
William T. Burke
Grant Andrew Geyerman
Kathryn E. Hoover
Enu A. Mainigi
Luba Shur
Williams & Connolly LLP
202-434-5299
wburke@wc.com
ggeyerman@wc.com
khoover@wc.com
emainigi@wc.com
lshur@wc.com
Robert Clark Corrente
Whelan, Corrente, Flanders, Kinder & Siket LLP
401-270-4500
rcorrente@whelancorrente.com
Plaintiff Plumbers Welfare Fund, Local 130, U.A. is represented by
Stephen M. Prignano (McIntyre Tate LLP, 401-351-7700,
smp@mtlesq.com
); Ivy Arai Tabbara (Hagens Berman Sobol Shapiro LLP, 206-623-7292,
ivy@hbsslaw.com
); Steven W. Berman (Hagens Berman Sobol Shapiro LLP, 206-623-7292,
steve@hbsslaw.com
); Elizabeth A. Fegan (Hagens Berman Sobol Shapiro LLP,
708-628-4960, beth@hbsslaw.com
); and Donald F. Harmon (Burke Burns & Pinelli, Ltd., 312-541-8600,
dharmon@bbp-chicago.com
DESERT CARE: Bid for Class Certification Due Nov. 4
---------------------------------------------------
In the class action lawsuit captioned as B.K. et al., v. Desert
Care Network et al., Case No. 2:23-cv-05021-SPG-PD (C.D. Cal.), the
Hon. Judge Sherilyn Peace Garnett entered an order setting schedule
for class certification as follows:
Event Date
Deadline to serve written discovery for May 15, 2026
class certification:
Class certification fact discovery Jun. 15, 2026
cut-off:
Motion for class certification deadline: Nov. 4, 2026
Response to motion for class certification: Dec. 2, 2026
Reply in support of motion for class Dec. 23, 2026
certification:
Hearing on motion for class certification: Jan. 13, 2027
Desert Care is a healthcare resource in the Coachella Valley and
Morongo Basin regions of Southern California.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Sgll8I at no extra
charge.[CC]
DIMENSIONS LIVING: Bid to Bifurcate Discovery Tossed w/o Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as KANASHA WOODS, v.
DIMENSIONS LIVING CUDAHY, LLC and HEALTH DIMENSIONS CONSULTING,
INC., Case No. 2:25-cv-00378-JPS (E.D. Wis.), the Hon. Judge J. P.
Stadtmueller entered an order that the Defendants Dimensions Living
Cudahy, LLC and Health Dimensions Consulting, Inc.'s motion for a
protective order or to bifurcate discovery is denied without
prejudice.
The Court further entered an order that:
-- the Plaintiff Kanasha Woods's motion for leave to file a sur-
reply is denied without prejudice;
-- the Defendants Dimensions Living Cudahy, LLC and Health
Dimensions Consulting, Inc.'s motion for leave to file an
amended answer is denied without prejudice;
-- the case is stayed pending resolution of Lutz v. Froedtert
Health, Appeal No. 25 2802 (7th Cir. Oct. 14, 2025); either
party may move to reopen this case within fourteen (14) days
of the Seventh Circuit's issuance of the mandate or other
disposition order in the Lutz Appeal; and
The Court finds it prudent to implement a stay in this matter and
to administratively close this case. Defendants’ motion for a
protective order, the Plaintiff's motion for leave to file a
sur-reply thereto, and Defendants’ motion for leave to file an
amended answer will be denied without prejudice.
The Plaintiff raises claims that she was not properly compensated
as required by the Fair Labor Standards Act ("FLSA") and Wisconsin
wage law.
Dimensions provides assisted living and memory care services.
A copy of the Court's order dated Jan. 26, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Cl3tcl at no extra
charge.[CC]
DORAL SHOPPING: Saenz Sues Over Property's Architectural Barriers
-----------------------------------------------------------------
CARLOS SAENZ, Plaintiff v. DORAL SHOPPING INC, ABREU & BRACHO
ASSOCIATES LLC D/B/A GOCHON and CHICKEN EXPERTS LLC D/B/A
GRANPOLLO, Defendants, Case No. 1:26-cv-20732 (S.D. Fla., February
4, 2026) is a class action seeking for injunctive relief,
attorneys' fees, litigation expenses, and costs pursuant to the
Americans with Disabilities Act.
The case arises from the presence of architectural barriers in
Defendants' commercial plaza property and restaurant businesses
that have each denied or diminished Plaintiff's ability to visit
the commercial plaza property and businesses within it.
DoraL Shopping Inc. owns and operates a commercial real property in
Doral, FL. [BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Miami, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
E-mail: : ajp@ajperezlawgroup.com
jr@ajperezlawgroup.com,
mds@ajperezlawgroup.com
DOXIMITY INC: Thayer Sues Over Illegal Use of Personal Info
-----------------------------------------------------------
KELSEY THAYER, individually and on behalf of all others similarly
situated, Plaintiff v. DOXIMITY, INC., Defendant, Case No.
3:26-cv-01206 (N.D. Cal., February 9, 2026) is a class action
against the Defendant for violations of the California Right of
Publicity Law, California's Common Law Right of Publicity, and
California's Unfair Competition Law, and unjust enrichment.
The case arises from the Defendant's misappropriation and use of
the Plaintiff's and similarly situated Americans' names,
identities, and other personally identifying information (PII) to
advertise and promote its own products and services without
consent. The Plaintiff and the Class bring this action to redress
and put a stop to the Defendant's violations of the right of
publicity.
Doximity, Inc. is an online networking service provider for medical
professionals, with its principal place of business in San
Francisco, California. [BN]
The Plaintiff is represented by:
Frank S. Hedin, Esq.
HEDIN LLP
1395 Brickell Ave., Suite 610
Miami, FL 33131
Telephone: (305) 357-2107
Email: fhedin@hedinllp.com
DUKE UNIVERSITY: Class Settlement in Franklin Gets Final Nod
------------------------------------------------------------
In the class action lawsuit captioned as JOY G. FRANKLIN, on behalf
of herself and all others similarly situated, v. DUKE UNIVERSITY,
THE RETIREMENT BOARD FOR DUKE UNIVERSITY, and JOHN/JANE DOES 1-10,
Case No. 1:23-cv-00833-CCE-JLW (M.D.N.C.), the Hon. Judge Eagles
entered an order as follows:
1. The plaintiff's motion for final approval of class
settlement is granted.
2. The defendants' motion to dismiss is denied as moot.
3. The Court finally certifies the class defined in the
Settlement agreement, certifies Ms. Franklin as class
representative, and confirms the appointment of Ms.
Franklin's counsel as class counsel.
4. The operative Complaint and all claims asserted therein in
the Action are dismissed with prejudice, without costs to any
of the Settling Parties except as provided in the Settlement
Agreement.
The proposed class for settlement purposes is defined as follows:
"All participants and beneficiaries of the [Duke University
Employees' Retirement] Plan who: (1) began receiving benefits
on or after Sept. 29, 2017, but before July 1, 2023, (2) are
receiving a joint and survivor annuity with a spousal
survivor benefit of at least 50% and no more than 100% of the
benefit paid during the retiree's life, or are receiving a
qualified preretirement survivor annuity."
Excluded from the Class are the Defendants and any
individuals determined to be fiduciaries of the Plan.
Ms. Franklin alleged that the defendants used outdated and
unreasonable actuarial equivalency formulas in violation of ERISA's
actuarial equivalence requirement.
Duke University is a private research university in Durham, North
Carolina.
A copy of the Court's order dated Jan. 26, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9r4Q2b at no extra
charge.[CC]
FARMERS INSURANCE: Faces Tongpalad Suit Over Private Data Breach
----------------------------------------------------------------
SARAWUDH TONGPALAD, individual and on behalf of all others
similarly situated, Plaintiff v. FARMERS INSURANCE EXCHANGE,
FARMERS GROUP, INC., a Nevada Corporation; and DOES 1 through 100,
inclusive, Defendants, Case No. 2:26-cv-01139 (C.D. Cal., February
4, 2026) accuses the Defendants of violating the California
Consumer Privacy Act of 2018 and the California Unfair Competition
Law.
On or about August 22, 2025, the Plaintiff received a notice from
Defendants informing her that of a security incident that involved
some of your personal information. According to Defendants' notice
to affected customers, one of Defendants' third-party vendors
alerted them to a suspicious activity involving an unauthorized
actor accessing one of their vendor's databases containing customer
information. The investigation determined that the unauthorized
actor accessed the vendor's database on May 29, 2025, and acquired
certain data.
The Defendants failed to provide their customers with the timely
notice about the data breach. In addition, the Defendants have been
unjustly enriched by receipt of millions of dollars in ill-gotten
gains from the unauthorized access of Plaintiff's and the Class's
accounts, obtained largely as a result of the acts and omissions,
says the suit.
Farmers Insurance Exchange is an insurance service company
headquartered in Woodland Hills, CA. [BN]
The Plaintiff is represented by:
Mark D. Potter, Esq.
James M. Treglio, Esq.
Isabel Rose Masanque, Esq.
POTTER HANDY LLP
100 Pine St., Ste 1250
San Francisco, CA 94111
Telephone: (415) 534-1911
Facsimile: (888) 422-5191
E-mail: mark@potterhandy.com
jimt@potterhandy.com
FEDERAL EXPRESS: Bid to Stay Yamamoto Suit Tossed
-------------------------------------------------
In the class action lawsuit captioned as MICHAEL YAMAMOTO, an
individual and on behalf of all others similarly situated, v.
FEDERAL EXPRESS CORPORATION, a Delaware Stock Corporation; FEDEX
CORPORATION, a Delaware corporation; and DOES 1 through 100,
inclusive, Case No. 2:25-cv-06796-PA-SK (C.D. Cal.), the Hon. Judge
Anderson entered an order denying the Plaintiff's ex parte
application for order staying case, or alternatively, further
continuing deadline to file motion for class certification and
other dates:
FedEx is an American multinational conglomerate holding company
specializing in transportation, e-commerce, and business services.
A copy of the Court's order dated Jan. 29, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=N2EI6R at no extra
charge.[CC]
The Plaintiff is represented by:
Jasmin K. Gill, Esq.
Ashlie E. Fox, Esq.
Sacha Pomares, Esq.
J. GILL LAW GROUP, P.C.
515 South Flower Street, Suite 1800
Los Angeles, CA 90071
Telephone: (213) 459-6023
Facsimile: (310) 728-2137
E-mail: jasmin@jkgilllaw.com
ashlie@jkgilllaw.com
sacha@jkgilllaw.com
FOUNDATION RISK: Class Cert Bid in Charton Extended to April 9
--------------------------------------------------------------
In the class action lawsuit captioned as NICHOLAS CHARTON, v.
FOUNDATION RISK PARTNERS CORP., a Delaware corporation doing
business in California; and DOES 1 - 10, inclusive, Case No.
2:25-cv-11738-JFW-RAO (C.D. Cal.), the Hon. Judge Walter entered an
order as follows:
-- The Defendant's deadline to answer or otherwise respond to the
Complaint is extended to Feb. 25, 2026.
-- The Plaintiff's deadline to file his motion for class
certification is extended from April 9, 2026, to July 8, 2026.
Foundation Risk operates as an insurance broker.
A copy of the Court's order dated Jan. 26, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4oAPVC at no extra
charge.[CC]
The Defendants are represented by:
Paul T. Cullen, Esq.
THE CULLEN LAW FIRM, APC
9800 Topanga Canyon Boulevard Suite D, PMB 325
Chatsworth, CA 91311-4057
Telephone: (818) 360-2529
Facsimile: (866) 794-5741
E-mail: paul@cullenlegal.com
- and -
Elizabeth Staggs Wilson, Esq.
Derek Hecht, Esq.
LITTLER MENDELSON, P.C.
633 West Fifth Street, 63rd Floor
Los Angeles, CA 90071
Telephone: (213) 443-4300
Facsimile: (213) 443-4299
E-mail: estaggs-wilson@littler.com
dhecht@littler.com
GEN DIGITAL: Class Settlement in Jackson Suit Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as Michelle Jackson, v. Gen
Digital Incorporated, Case No. 2:25-cv-00535-MTL (D. Ariz.), the
Hon. Judge Liburdi entered an order granting the Plaintiff's
Unopposed Motion for preliminary approval of class action
settlement.
The Court preliminarily certifies this case as a class action under
Rule 23(b)(3) of the Federal Rules of Civil Procedure, on behalf of
the following settlement class:
"All persons throughout the United States (1) to whom Gen
Digital Inc. placed, or caused to be placed, a call regarding
a LifeLock or Norton account, (2) directed to a telephone
number assigned to a cellular telephone service, but not
assigned to a person who has or had a LifeLock or Norton
account with Gen Digital Inc., (3) in connection with which
Gen Digital Inc. used or caused to be used an artificial or
prerecorded voice, (4) from Feb. 19, 2021, to Oct. 30, 2025."
The Court appoints Plaintiff as the representative for the
settlement class and appoints Michael L. Greenwald of Greenwald
Davidson Radbil PLLC and Anthony Paronich of Paronich Law, P.C. as
class counsel for the settlement class.
The Court sets the following schedule:
Feb. 27, 2026: Defendant to fund Settlement Fund (thirty days after
entry of Order Preliminarily Approving the Settlement)
March 9, 2026: Attorneys’ Fees Petition Filed (forty days after
entry of Order Preliminarily Approving the Settlement)
June 15, 2026: Motion for Final Approval Filed (about thirty days
before final fairness hearing)
July 14, 2026: 2 Final Fairness Hearing
The Court is advised that the parties to this action, Michelle
Jackson and Gen Digital Inc., have agreed, subject to the Court's
approval and following notice to the settlement class members and a
hearing, to settle the lawsuit under the Telephone Consumer
Protection Act.
The Defendant is a global consumer cybersecurity company.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3VMAXu at no extra
charge.[CC]
HAIER US: Faces Class Action Over Defective Washer-Dryer Combo
--------------------------------------------------------------
Top Class Actions reports that plaintiff Avroham Sherman filed a
class action lawsuit against Haier US Appliance Solutions Inc.,
doing business as GE Appliances.
Why: Sherman claims GE Appliances sold washer-dryer combo
appliances with defective lint traps and air ducts that cause
excessive lint accumulation.
Where: The class action lawsuit was filed in New York federal
court.
A new class action lawsuit accuses GE Appliances of selling
washer-dryer combo appliances with defective lint traps and air
ducts that cause excessive lint accumulation.
Plaintiff Avroham Sherman claims the defect causes the appliances
to fail to perform their central function of drying laundry.
Sherman wants to represent a New York class of consumers who
purchased or leased a GE Ultrafast 2-in-1 washer-dryer combo.
The class action lawsuit claims GE Appliances failed to disclose
the alleged defect to consumers who have been turned away from
receiving repairs or have received ineffective cleaning or
superficial repair of components that are not the source of the
defect.
"As a result, the dryer's lint filtration system fails to prevent
lint from reaching the dryer's evaporator (cooling) and condenser
(heating) coils, as it would if the dryer were not defective," the
GE class action lawsuit says.
Sherman argues GE Appliances is guilty of breach of warranty,
breach of contract, unjust enrichment and fraudulent concealment
and of violating the Magnusson-Moss Warranty Act and New York
General Business Law.
GE class action claims company knew about defect
Sherman claims GE Appliances has long known of the alleged defect
and that the appliances' lint traps and ducts are not fit for their
intended purpose. The plaintiff argues the company concealed and/or
failed to notify the public of the existence and nature of the
alleged defect and has not recalled the appliances to replace the
malfunctioning duct and lint systems.
Sherman demands a jury trial and requests declaratory and
injunctive relief and an award of compensatory, consequential and
statutory damages for himself and all class members.
In another class action involving home appliances, Electrolux
Consumer Products Inc. was sued over allegations it sold Frigidaire
ovens with a dangerous defect that can cause the glass window on
the front of the appliance to explode.
The plaintiff is represented by Nicholas A. Migliaccio, Jason S.
Rathod and Bryan G. Faubus of Migliaccio & Rathod LLP.
The GE washer-dryer combo class action lawsuit is Sherman v. Haier
US Appliance Solutions Inc., Case No. 1:26-cv-00453, in the U.S.
District Court for the Eastern District of New York. [GN]
HARRIS COUNTY, TX: Must Provide Electronic Vote-by-Mail, Suit Says
------------------------------------------------------------------
NATIONAL FEDERATION OF THE BLIND OF TEXAS, CEDRIC BRYANT, TED
GALANOS, LOUIS MAHER, and MICHAEL MCCULLOCH, Plaintiffs vs.
TENESHIA HUDSPETH in her official capacity as County Clerk of
Harris County, Texas; and HARRIS COUNTY, TEXAS, Defendant, Case No.
4:26-cv-00845 (S.D. Tex., February 3, 2026) is a civil rights class
action seeking to vindicate the rights of individuals with
disabilities, who by virtue of their disabilities, cannot read and
fill out paper ballots (collectively, individuals with "print
disabilities") and are therefore unable to vote by mail privately
and independently.
The complaint relates that the Harris County voters with print
disabilities, like Plaintiffs, can only vote by mail by relying on
third-party assistance. As a result, Plaintiffs cannot vote by mail
privately and independently, as other Harris County voters without
print disabilities are able to do. The Plaintiffs, like other
individuals with print disabilities, use assistive technology, such
as screen reader software, that allows them to independently read
and complete documents and forms electronically on their personal
computers or other devices. If Harris County provided Plaintiffs
with accessible vote-by-mail ballots electronically, Plaintiffs
could use their assistive technology to read and mark their ballots
privately and independently.
The County's refusal to extend this system to Plaintiffs continues
its history of voting accessibility issues, which is part of a
broader, national history of discriminatory barriers to voting for
individuals with disabilities. These barriers have historically
resulted in lower voter turnout among people with disabilities than
among those without. But in recent years, as states have reduced
these barriers for voters with disabilities, turnout among voters
with disabilities has increased substantially nationwide. Harris
County must implement a solution that makes available an accessible
electronic vote-by-mail program to ensure voters with print
disabilities have equal access and opportunity to vote by mail
privately and independently in future elections, adds te
complaint.
Plaintiff Cedric Bryant is paralyzed from the chest down from a
spinal cord injury and does not have use of his hands. Mr. Bryant
lives in Humble, Texas and is registered to vote in Harris County.
Plaintiff Ted Galanos is blind and has manual dexterity
disabilities resulting from the amputation of multiple fingers. Mr.
Galanos resides in Houston, Texas and is registered to vote in
Harris County.
Plaintiff Louis Maher is blind and resides in Houston, Texas, and
is registered to vote in Harris County. Mr. Maher is a member of
the National Federation of the Blind of Texas.
Plaintiff Michael McCulloch is a legally blind individual who
resides in Houston, Texas and is registered to vote in Harris
County. Mr. McCulloch is a member of the National Federation of the
Blind of Texas.
Plaintiff National Federation of the Blind of Texas is a non-profit
membership organization that promotes the general welfare of the
blind including by assisting the blind in their efforts to
integrate themselves into society on equal terms.
Defendant Teneshia Hudspeth is the Harris County Clerk and is sued
in her official capacity only. The Harris County Clerk's Office is
responsible for the administration of elections through its
Elections Department. The Harris County Clerk is the Chief Election
Official in Harris County and is in charge of conducting election
operations in Harris County.[BN]
The Plaintiffs are represented by:
Sashi Nisankarao, Esq.
DISABILITY RIGHTS TEXAS
100 Glenborough Dr., Ste. 600
Houston, TX 77067
Telephone: (832) 209-1105
Facsimile: (512) 454-3999
E-mail: sashin@disabilityrightstx.org
- and -
Eve L. Hill, Esq.
Lauren J. Kelleher, Esq.
Marisa Leib-Neri, Esq.
BROWN GOLDSTEIN & LEVY
120 E. Baltimore St., Ste. 1700
Baltimore, MD 21202
Telephone: (410) 962-1030
Facsimile: (410) 385-0869
E-mail: ehill@browngold.com
HEALTH-ADE LLC: Reiter Sues Over Prebiotic Soda's Deceptive Label
-----------------------------------------------------------------
ELIYAHU REITER, individually and on behalf of all others similarly
situated, Plaintiff v. HEALTH-ADE LLC, Defendant, Case No.
1:26-cv-00665 (E.D.N.Y., February 6, 2026) is a class action
against the Defendant for violation of the New York Business Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of SunSip prebiotic
soda. According to the complaint, the Defendant's labeling on each
can of the soda touts that it is a "SODA WITH BENEFITS" because it
contains "PREBIOTICS" that provide "good gut vibes." And, on its
website, the Defendant repeatedly refers to SunSip as "gut-healthy
soda." In reality, the soda contains only up to three grams of
prebiotic fiber, an amount too low to provide any meaningful
digestive health benefits.
Had the Plaintiff and similarly situated consumers known the truth,
they would not have purchased the product or would have paid less
for it, says the suit.
Health-Ade LLC is a prebiotic soda company with a principal place
of business in Los Angeles, California. [BN]
The Plaintiff is represented by:
Joshua D. Arisohn, Esq.
ARISOHN LLC
94 Blakeslee Rd.
Litchfield, CT 06759
Telephone: (646) 837-7150
Email: josh@arisohnllc.com
HEMLOCK HAT: Hippe Files Suit Over Blind-Inaccessible Website
-------------------------------------------------------------
XINYUE HIPPE, on behalf of herself and all others similarly
situated, Plaintiffs v. Hemlock Hat Company, Defendant, Case No.
2:26-cv-194 (E.D. Wis., February 4, 2026) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its Website, https://www.hemlockhatco.com to
be fully accessible to and independently usable by Hippe and other
blind or visually-impaired individuals, in violation of Hippe's
rights under the Americans with Disabilities Act.
The complaint relates that on multiple occasions and most recently
on December 14, 2025, Hippe has made an attempt to complete a
purchase on Defendant's Website. Hippe was searching online for a
sun protective bucket hat and discovered the Defendant's website,
Hemlockhatco.com, which appeared on the top search results. After
reviewing positive customer feedbacks praising the brand for its
stylish, high-quality hats that offer excellent sun protection, she
decided to visit the Website to explore the available items and
make a purchase. However, while navigating the Website using her
keyboard and a screen reader, Hippe encountered multiple
accessibility barriers that prevented her from completing the
purchase independently.
The complaint alleges that on several separate occasions, Hippe has
been denied the full use and enjoyment of the facilities, goods and
services offered to the general public, on Defendant's Website in
Milwaukee County. These access barriers that Hippe encountered have
caused a denial of Hippe's full and equal access multiple times in
the past, and now deter Hippe on a regular basis from accessing the
Defendant's Website in the future, says the suit.
Hippe seeks a permanent injunction to cause a change in Defendant's
policies, practices, and procedures so that Defendant's Website
will become and remain accessible to blind and visually-impaired
consumers. This complaint also seeks compensatory damages to
compensate Class Members for having been subjected to unlawful
discrimination.
Plaintiff Xinyue Hippe is a visually-impaired and legally blind
person who requires screen-reading software to read website content
using the computer.
Defendant Hemlock Hat Company provides to the public the Website,
which provides consumers access to an array of goods and services,
including, the ability to purchase a selection of premium headwear
products including hats, caps, and complementary accessories like
visors, beanies, and fedoras.
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Office: 844-731-3343
Direct: 718-554-0237
E-mail: Dreyes@ealg.law
HUEL INC: Ruz Sues Over Unauthorized Text Messaging Practices
-------------------------------------------------------------
MICHAEL RUZ, individually and on behalf of all others similarly
situated, Plaintiff v. HUEL INC., Defendant, Case No.
1:26-cv-00960-JLT-EPG (E.D. Cal., February 4, 2026) is a putative
class action against the Defendant for making unsolicited text
messages to residential telephone subscribers.
The complaint relates that to promote its goods, services, and/or
properties, Defendant engages in unsolicited text messaging and
continues to text message consumers after they have opted out of
Defendant's solicitations. Defendant also engages in telemarketing
without the required policies and procedures, and training of its
personnel engaged in telemarketing.
The complaint alleges that the Defendant's text messages caused
Plaintiff and the Class members harm, including statutory damages,
inconvenience, invasion of privacy, aggravation, annoyance, and
violation of their statutory privacy rights.
Through this action, 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 members of the Class.
Plaintiff also seeks statutory damages on behalf of Plaintiff and
members of the Class, and any other available legal or equitable
remedies.
Plaintiff Michael Ruz is a citizen and resident of Kern County,
California.
Defendant Huel Inc. is a corporation with its headquarters located
in Delaware.
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26 th Street
Wilton Manors, FL 33305
Telephone: 754-444-7539
E-mail: gerald@jibraellaw.com
IGLOO PRODUCTS: Court Narrows Claims in "Lieber"
------------------------------------------------
In the case captioned as Joe Lieber, Karen Elizabeth Harms, and
Darin Strauss, individually and on behalf of all others similarly
situated, Plaintiffs, v. Igloo Products Corp., Defendant, Case No.
25-CV-488 (ARR) (LKE) (E.D.N.Y.), Judge Allyne R. Ross of the
United States District Court for the Eastern District of New York
granted in part and denied in part the Defendant's motion to
dismiss the Second Amended Complaint in this putative class
action.Plaintiffs' claims for breach of express warranty and unjust
enrichment were dismissed. Plaintiffs' remaining claims under NYGBL
Sections 349 and 350 survive the motion.
This case involves a variety of products made and sold by Defendant
Igloo Products Corp., a Delaware corporation that manufactures,
labels, distributes, sells, and advertises the products at issue.
The products include four groups: the EcoCool Products, the ReCool
Product, the REPREVE Products, and the Made in USA Products.
Plaintiffs allege that Igloo's representations are false and
misleading, constituting deceptive and unfair trade practices under
New York General Business Law (NYGBL) Section 349, false
advertising under NYGBL Section 350, a breach of express warranty
under N.Y. U.C.C. Law Section 2-313, and, in the alternative,
unjust enrichment. Plaintiff Joe Lieber purchased the ReCool
Product multiple times from a Target store in Brooklyn, New York.
Plaintiff Karen Harms purchased a 30-quart EcoCool Product from an
REI store in New York.
The Court found that Plaintiffs adequately alleged that the
Biodegradable Representations are potentially deceptive. The Court
noted that the ReCool Product is typically thrown in the trash and
ends up in landfills, an environment that lacks the necessary
conditions for meaningful biodegradation. The Court declined to
determine as a matter of law whether a reasonable consumer would be
misled by the Biodegradability Representations at the pleading
stage, and therefore denied Igloo's motion to dismiss Plaintiffs'
claims as to the ReCool Product.
Upon examination of the Recycled Content Representations regarding
the EcoCool and REPREVE Products, the Court found that the
Defendant failed to consider that purchasing decisions are made
within a specific context. The Court noted that, for items that are
partially made of recycled material, the marketer should clearly
and prominently qualify the claim. The Court found that Plaintiffs
plausibly alleged their NYGBL claims as to the EcoCool and REPREVE
Products and denied Igloo's motion to dismiss those claims.
Plaintiffs alleged that the relevant products contain materials and
full components sourced and imported from other countries,
including AKD mostly produced outside the United States and polyols
manufactured in plants in Asia, Europe, and North America. The
Court held this was sufficient to allege that the Made in USA
Representations were materially misleading, and denied Igloo's
motion to dismiss Plaintiffs' claims as to the Made in USA
Products.
The Court found that Plaintiffs failed to allege that they provided
Igloo with reasonably prompt notice, concurring with the majority
of courts in the circuit that pre-suit notice is generally
required. Plaintiffs provided Defendant with notice only after
commencing litigation. Accordingly, the Court granted Defendant's
motion to dismiss as to Plaintiffs' breach of express warranty
claim.
The Court found that the unjust enrichment claim clearly duplicates
Plaintiffs' other claims, which arise out of identical facts
regarding Igloo's alleged misrepresentations. Because Plaintiffs
offered no set of facts under which they could fail to prove both
their deceptive-practices and false-advertising claims while
succeeding in proving unjust enrichment, the Court dismissed the
unjust enrichment claim as duplicative.
The Court confirmed the case proceeds as a putative class action
under Fed. R. Civ. P. Rule 23. The Court found that the products,
both purchased and unpurchased, are sufficiently similar to support
Plaintiffs' class standing. Accordingly, Igloo's motion to dismiss
for lack of standing as to unpurchased products was denied without
prejudice, with the Court noting that specific concerns regarding
the products' differences can be addressed at the class
certification stage.
A copy of the Court's decision dated February 2, 2026 is available
https://urlcurt.com/u?l=2v8dbq from PacerMonitor.com
Defendant
Igloo Products Corp.
Represented By
Chad Kurtz
Cozen O'Connor
202-463-2521
ckurtz@cozen.com
John Alfred Bertino
Cozen O'Connor
202-912-4881
jbertino@cozen.com
Michael Puretz
Cozen O'Connor
954-226-4696
mpuretz@cozen.com
Richard Fama
Cozen O'Connor
212-908-1229
rfama@cozen.com
Erica W Rutner
Cozen O'Connor
561-245-6120
erutner@cozen.com
Kristen A. Bennett
Moore & Lee, LLP
703-506-2050
k.bennett@mooreandlee.com
Plaintiff
Joe Lieber
Represented By
Robert Abiri
Abiri Law, PC
949-459-2133
rabiri@abirilaw.com
Plaintiff
Karen Elizabeth Harms
Represented By
Robert Abiri
Abiri Law, PC
949-459-2133
rabiri@abirilaw.com
INNODATA SERVICES: Snyder Sues Over Layoff Without Advance Notice
-----------------------------------------------------------------
SARAH SNYDER, individually and on behalf of all others similarly
situated, Plaintiff v. INNODATA SERVICES, LLC, Defendant, Case No.
9:26-cv-80134 (S.D. Fla., February 6, 2026) is a class action
against the Defendant for violations of the Worker Adjustment and
Retraining Notification Act.
The case arises from the Defendant's action of terminating the
employment of the Plaintiff and similarly situated employees as a
result of a mass layoff ordered by the Defendant on or about
February 06, 2026, without providing adequate advance notice as
required by the WARN Act.
Innodata Services, LLC is a global data engineering company, with
its principal place of business in Delray Beach, Florida. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW, P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
Email: ostrow@kolawyers.com
- and -
Mariah S. England, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave., Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: mengland@stranchlaw.com
- and -
Ian Bensberg, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ibensberg@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, PLLC
980 N Michigan Ave., Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
INSPIRE MEDICAL: INPRS Appointed as Lead Plaintiff
--------------------------------------------------
In the class action lawsuit captioned as INDIANA PUBLIC RETIREMENT
SYSTEM, individually and on behalf of all others similar situated,
v. INSPIRE MEDICAL SYSTEMS, INC. et al., Case No. 1:25-cv-10620-PAE
(S.D.N.Y.), the Hon. Judge Engelmayer entered an order appointing
(1) INPRS as lead plaintiff and (2) Bernstein Litowitz as lead
counsel.
Because INPRS to date has satisfied all PSLRA requirements, the
Court finds it the most adequate plaintiff. There is no credible
basis to conclude that it "will not fairly and adequately protect
the interests of the class" or is subject to "unique defenses" that
render it incapable of adequately representing the class.
On Dec. 22, 2025, INPRS filed this action against Inspire Medical
Systems, Inc. and its chief executive officer Timothy P. Herbert,
chief financial officer Richard J. Buchholz, and chief strategy and
growth officer Carlton W. Weatherby.
The putative class consists of
"All investors who acquired Inspire common stock between Aug.
6, 2024 and Aug. 4, 2025, inclusive (the "class period")."
Inspire is a medical device company that develops and markets an
implantable neurostimulation system to treat obstructive sleep
apnea.
A copy of the Court's opinion and order dated Jan. 28, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=fbuXe1
at no extra charge.[CC]
INTERACTIVE BROKERS: Settlement in Scott Gets Initial Nod
---------------------------------------------------------
In the class action lawsuit captioned as ROBERT SCOTT BATCHELAR,
Individually and on behalf of all Others similarly situated, v.
INTERACTIVE BROKERS, LLC, INTERACTIVE BROKERS GROUP, INC., and
THOMAS A. FRANK, Case No. 3:15-cv-01836-AWT (D. Conn.), the Hon.
Judge Thompson entered an order granting the Plaintiffs' motion for
preliminary approval of proposed settlement with the Defendants.
The Court preliminarily approves the following Settlement Class:
"Other than those excluded in the subsections A through K
below, all United States residents who at any time from Dec.
18, 2013 to July 14, 2025 had margin accounts with IB, which
accounts had trades executed by the A-L Software, for which
the actual execution price of the trade was such that the
ratio of [Margin Improvement]/[Cost to Liquidate] falls in the
range greater than zero but less than three," excluding:
A) Federal judges who preside or have presided over this case;
B) The staff of federal judges who have presided over this
case;
C) The immediate family of federal judges who have presided
over this case;
D) Persons employed by any of the Defendants;
E) Persons employed by any of the affiliates of any of the
Defendants;
F) Attorneys for any Defendant and other lawyers in those
lawyer's firms and the immediate family of those attorneys;
G) Attorneys for the Plaintiff or the Class and other lawyers
in those lawyer's firms and the immediate family of those
attorneys;
H) Persons who have litigated, arbitrated or negotiated a
resolution of this claim with one or more Defendants
related to liquidation of their margin account;
I) Transactions on behalf of United States residents if those
transactions were for the purchase or sale of currency
(FX);
J) Any liquidation transaction conducted by the A-L Software
in "forced" or "immediate" mode, if any, and
K) All Litigated/Excluded Accounts.
-- The Plaintiff, Robert Scott Batchelar, is appointed Settlement
Class Representative for the Settlement Class and the
following counsel are appointed as Class Counsel for the
Settlement Class: William M. Bloss and Christopher M. Mattei
of Koskoff, Koskoff & Bieder, P.C.; Gilbert I. Low, Jack P.
Carroll, and Gary N. Reger of Orgain, Bell and Tucker, LLP; L.
DeWayne Layfield of the Law Office of L. DeWayne Layfield,
PLLC; and Reagan Reaud of Reaud & Associates P.C.
Interactive is an American multinational brokerage firm.
A copy of the Court's order dated Jan. 27, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8IoYT1 at no extra
charge.[CC]
IRON MOUNTAIN: Fails to Safeguard Clients' Info, Wasilowski Claims
------------------------------------------------------------------
SCOTT WASILOWSKI, individually and on behalf of all others
similarly situated, Plaintiff v. IRON MOUNTAIN INCORPORATED,
Defendant, Case No. 1:26-cv-00096 (D.N.H., February 9, 2026) is a
class action against the Defendant for negligence, negligence per
se, unjust enrichment, breach of implied contract, and declaratory
and injunctive relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated individuals stored within its network
systems following a data breach in or around January 2026. The
Defendant also failed to timely notify the Plaintiff and similarly
situated individuals about the data breach. As a result, the
private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties.
Iron Mountain Incorporated is a provider of data solutions and
information management systems, with its principal place of
business in Portsmouth, New Hampshire. [BN]
The Plaintiff is represented by:
Adam H. Weintraub, Esq.
WEINTRAUB LAW, LLC
170 Commerce Way, Suite 200
Portsmouth, NH 03801
Telephone: (603) 212-1785
Email: aweintraub@ahwfirm.com
- and -
Andrew W. Ferich, Esq.
Brian J. Devall, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
Email: aferich@ahdootwolfson.com
bdevall@ahdootwolfson.com
JACK ARCHER: Website Inaccessible to Blind Users, Dalton Says
-------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiffs v. Jack Archer, Inc., Defendant, Case No.
0:26-cv-00809 (D. Minn., January 29, 2026) arises because
Defendant's Website (www.jackarcher.com) is not fully and equally
accessible to people who are blind or who have low vision in
violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act ("ADA") and its
implementing regulations.
The complaint relates that as a consequence of her experience
visiting Defendant's Website, including in the past year, and from
an investigation performed on her behalf, the Plaintiff found
Defendant's Website has a number of digital barriers that deny
screen-reader users like Plaintiff full and equal access to
important Website content.
The Plaintiff and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, asserts the complaint.
In addition to her claim under the ADA, Plaintiff also asserts a
companion cause of action under the Minnesota Human Rights Act
(MHRA). The Plaintiff seeks a permanent injunction requiring a
change in Defendant's corporate policies to cause its online store
to become, and remain, accessible to individuals with visual
disabilities.
Plaintiff Julie Dalton is legally blind and has been a resident of
Minnesota.
Defendant Jack Archer, Inc. is a Florida Company that offers men's
apparel including, but not limited to, shirts, sweaters, blazers,
pants, shorts, hats, belts, socks, accessories, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
JH BAXTER: Court Decertifies Previously Certified Class
-------------------------------------------------------
In the class action lawsuit captioned as TIFFANY BELL-ALANIS;
SHARON MATTHEWS; ERIN NEEL; SARAH PEDERSEN, v. J.H. BAXTER & CO;
J.H. BAXTER & CO, INC.; JEANNE OLSON, Case No. 6:21-cv-00885-AA (D.
Or.), the Hon. Judge Ann Aiken entered an order decertifying
previously certified class.
The previous orders certifying the class are vacated.
The parties have agreed to a settlement in the form of a Consent
Judgment for $200,000, which could be "used to compensate counsel
for outstanding reimbursable expenses, and a nominal payment for
individual Plaintiffs."
However, the Plaintiffs affirm that "there is no real expectation
that the to be entered Consent Judgment will ever be collected
upon."
The case concerns the Plaintiffs' allegation that there was a
release of poisonous and carcinogenic chemicals and noxious odors
into the environment from a manufacturing facility located on
Roosevelt Blvd. in Eugene, Oregon. The Plaintiffs alleged that the
releases at issue interfered with the ability of residents to use
and enjoy their properties and have diminished the value of those
properties.
On March 14, 2023, Judge Kasubhai1 recommended that Plaintiffs'
Motion for Class Certification be granted.
The Defendant is an American wood products treatment company.
A copy of the Court's opinion and order dated Jan. 29, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=3gEo6v
at no extra charge.[CC]
JJ WHITE: Fails to Safeguard Personal Info, Pierce Says
-------------------------------------------------------
JOHN PIERCE, individually and on behalf of all others similarly
situated, Plaintiff v. J.J. WHITE, INC., Defendant, Case No.
2:26-cv-00697 (E.D. Pa., February 3, 2026) is a class action
against the Defendant for its failure to protect and safeguard
Plaintiff's and the Class's highly sensitive personally
identifiable information ("PII").
The complaint relates that as part of its business practices,
Defendant acquires a significant amount of highly sensitive Private
Information from its employees, including the acquisition of the
PII of Plaintiff and Class Members. By collecting Plaintiff's and
the Class's Private Information, Defendant assumed legal and
equitable duties to Plaintiff and the Class to protect and
safeguard their Private Information from unauthorized access and
intrusion. As a result of Defendant's negligence and insufficient
data security, cybercriminals easily infiltrated Defendant's
inadequately protected network and system on November 20, 2025, and
accessed the PII of Plaintiff and the Class. The ransomware group
PayoutsKING accessed Defendant's IT network and exfiltrated the
sensitive PII belonging to Plaintiff and Class Members.
The complaint alleges that the Plaintiff and the Class will face an
imminent risk of fraud and identity theft for the rest of their
lives because: (i) Defendant failed to protect Plaintiff's and the
Class's Private Information, allowing a large and preventable Data
Breach to occur; (ii) the cybercriminals who perpetrated the Breach
accessed Private Information that they will sell on the dark web
(if they have not already) because that is the modus operandi of
cybercriminals who perpetrate breaches such as this; and (iii)
Defendant failed to timely notify Plaintiff and the Class of the
Data Breach.
The Plaintiff brings this action individually and on behalf of the
Class, seeking compensatory damages, punitive damages, nominal
damages, restitution, and injunctive and declaratory relief,
reasonable attorney fees and costs, and all other remedies this
Court deems proper.
Plaintiff John Pierce is a former employee of Defendant and is a
victim of the Data Breach.
Defendant J.J. White, Inc., headquartered in Philadelphia,
Pennsylvania, is a multi-trade construction company specializing in
commercial, industrial, and electrical construction projects and
conducts business in various states.[BN]
The Plaintiff is represented by:
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: 954-525-4100
E-mail: grunfeld@kolawyers.com
- and -
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
Jonathan Herrera, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
E-mail: jaw@federmanlaw.com
E-mail: jjh@federmanlaw.com
KNIGHT TRANSPORTATION: Hamilton Bid for Class Cert Partly OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as BENNY HAMILTON, ANTHONY
KILLION, KRISTOPHER KACZANOWSKI, LEROY COKER, DARREL BROWN, on
behalf of themselves and all other similarly situated employees, v.
KNIGHT TRANSPORTATION INC. dba Arizona Knight Transportation Inc.;
KNIGHT PORT SERVICES, LLC; and DOES 1 through 25, inclusive, Case
No. 5:21-cv-01859-MEMF-SP (C.D. Cal.), the Hon. Judge Maame
Ewusi-Mensah Frimpong entered an order granting in part motion for
class certification and granting request for judicial notice as
follows:
1. The Request for Judicial Notice of (1) a letter from Boise to
the DLSE requesting DLSE to advise whether Boise's proposed
program of electronic delivery of wage statements is
approved; and (2) a letter from the DLSE to Boise responding
to Boise's inquiry regarding electronic itemized wage
statements and explaining California Labor Code section
226(a), which requires employers to include accurate
information on their employees' wage statements is granted.
2. The motion for class certification is granted in part:
a. The Court certifies the following classes:
i. The Proposed Class:
"All former and current Drivers employed by the
Defendants within the State of California, at any time
within four years prior to the filing of this lawsuit
(i.e., Nov. 2, 2017) until the present date;
ii. Subclass A:
"All former and current Drivers employed by the
Defendants within the State of California who were not
paid for all hours worked, at any time within four
years prior to the filing of this lawsuit until the
present date; and
iii. Subclass C:
"All former and current Drivers employed by the
Defendants within the State of California who were not
furnished with accurate wage statements, at any time
within four years prior to the filing of this lawsuit
until the present date.
b. The Court denies certification of Subclass B.
Accordingly, the predominance requirements under Rule 23(b) are not
satisfied as to subclass B. The Court finds that this precludes
certification of subclass B. The Court therefore denies
certification as to subclass B.
Because all requirements are met, the Court grants certification as
to subclass C with respect to accurate wage statements only.
Knight provides multiple truckload services.
A copy of the Court's order dated Jan. 27, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kS4K0H at no extra
charge.[CC]
KONINKLIJKE PHILIPS: Seeks to Continue All Deadlines
----------------------------------------------------
In the class action lawsuit captioned as Patel v. Koninklijke
Philips N.V. et al., Case No. 1:21-cv-04606-ERK-MMH (E.D.N.Y.), the
Defendant asks the Court to enter an order requesting that the
Court continue all deadlines under the operative scheduling order.
As the next deadline under the scheduling order (plaintiffs' Feb.
9, 2026, deadline to submit their expert reports) is fast
approaching, the defendants request that the Court address this
matter prior to then.
Koninklijke develops and manufactures medical systems and consumer
electronics products.
A copy of the Defendants' motion dated Jan. 30, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kcZUtw at no extra
charge.[CC]
The Defendants are represented by:
William B. Monahan, Esq.
SULLIVAN AND CROMWELL LLP
125 Broad Street
New York, NY 10004-2498
Telephone: (212) 558-4000
Facsimile: (212) 558-3588
KRISPY KREME: Agrees to Settle 2024 Data Breach Suit for $1.6-Mil.
------------------------------------------------------------------
Chloe Gocher of ClassAction.org reports that Krispy Kreme has
agreed to a proposed $1,616,760 settlement to resolve a class
action lawsuit that claimed the donut seller failed to prevent a
November 2024 data breach that exposed current and former
employees' sensitive personal information.
The proposed Krispy Kreme class action settlement, if approved by
the court, will cover all United States residents whose private
information was impacted by the Krispy Kreme data breach.
Court documents state that the private information of 161,676
current and former Krispy Kreme employees was involved in the data
breach.
Settlement documents state that class members who submit a timely,
valid claim form may receive either up to $3,500 in reimbursement
for documented losses stemming from the Krispy Kreme data breach or
a flat cash payment of approximately $75.
According to court documents, all Krispy Kreme settlement class
members are automatically eligible to receive, in addition to
either monetary reimbursement option and without having to submit a
claim form, one year of one-bureau credit monitoring services,
which includes $1,000,000 in identity theft insurance with no
deductible.
Class members seeking reimbursement for data breach-related losses,
such as identity theft and/or fraud, must include with their Krispy
Kreme claim form reasonable documentation of each loss. Per the
settlement agreement, acceptable documentation may include phone
records, correspondence (including emails) and receipts.
The class action settlement agreement notes that class members may
not submit a claim for losses that have already been reimbursed by
another source, including the credit monitoring and identity theft
protection services provided in Krispy Kreme's initial data breach
notice.
No proof or documentation is required to submit a claim form for
the roughly $75 cash payout, court documents state.
The two payment options are mutually exclusive from each other,
meaning class members may only claim one or the other. Both
settlement benefit options may increase or decrease on a pro rata,
or equal share, basis, depending on the total number of valid
claims filed, court documents add.
The Krispy Kreme class action lawsuit claimed that the company
failed to protect current and former employees' sensitive personal
information -- including Social Security numbers, names, driver's
license or state ID numbers, dates of birth, financial account
information, credit or debit card information, biometric data,
health and health insurance information, USCIS or Alien
Registration Numbers, military ID numbers, email addresses,
passwords, passport numbers and digital signatures -- from a
November 2024 cyberattack. [GN]
KRISTI NOEM: Bah's Petition for Habeas Corpus Granted
-----------------------------------------------------
In the class action lawsuit captioned as DJOBO BAH, v. KRISTI NOEM,
in her official capacity as Secretary of the Department of Homeland
Security, TODD LYONS, in his official capacity as Acting Director
of Immigration and Customs Enforcement, ARTHUR WILSON, in his
official capacity as ICE Field Officer Director, JOHNNY CHOATE, in
his official capacity as the warden of the Aurora Immigration
Detention Facility, PAMELA BONDI, in her official capacity as the
United Status Attorney General, THE EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW, UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT, THE BOARD OF IMMIGRATION APPEALS, Case No.
1:26-cv-00039-CNS (D. Colo.), the Hon. Judge Sweeney entered an
order granting the Petitioner's fully briefed verified petition for
Habeas Corpus.
Accordingly, consistent with the above analysis, the Court ORDERS
Respondents to provide Petitioner with a bond hearing within five
days of this Order.
At that hearing, Respondents shall bear the burden of justifying
Petitioner's continued detention by clear and convincing evidence.
Respondents shall file a status report within ten days of the date
of this Court's order to certify compliance. The status report
shall include if and when the bond hearing occurred, if bond was
granted or denied, and if bond was denied, the reasons for denial.
Because Petitioner is improperly detained under section 1225, the
Court agrees with Petitioner that he is entitled to a bond hearing.
Respondents concede as much in their response: "Thus, even if the
Court finds that Petitioner is detained not under section
1225(b)(2) but under section 1226(a)(1), the proper remedy is a
bond hearing -- as expressly contemplated in § 1226(a)(1)."
A copy of the Court's order dated Jan. 27, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OJ7K73 at no extra
charge.[CC]
LENDUS LLC: Discovery Order Entered in Greist Class Action
----------------------------------------------------------
In the class action lawsuit captioned as BARBARA GREIST, et al., v.
LENDUS, LLC, et al., Case No. 3:24-cv-02411-AMO (N.D. Cal.), the
Hon. Judge Laurel Beeler entered a discovery order as follows:
-- LendUS may serve written discovery on twenty-one plaintiffs.
-- Each party may select one third, and the final third will be
selected randomly. Depositions are limited to ten.
Written discovery will proceed as follows:
The discovery group will be twenty-one plaintiffs (inclusive of
opt-in and named plaintiffs), and each party may select one third.
The final third will be randomly selected through means agreed upon
by the parties.
The parties' selections must each come from at least three
locations to ensure inclusion of employees from a larger number of
former LendUS locations.
Written discovery is limited to eight interrogatories and twelve
document requests per plaintiff in the discovery group, as LendUS
proposes.8 The number of depositions limited to ten.
Additional discovery from plaintiffs outside the discovery group
who submit affidavits or declarations is denied because there is no
specific showing of need. It would defeat the purpose of limiting
discovery to a representative sample, here of almost fifty percent
of the collective from a wide range of locations.
In sum, LendUS may serve eight interrogatories and twelve document
requests to twenty-one plaintiffs selected according to the
methodology detailed above and may conduct a maximum of ten
depositions. This resolves ECF No. 113. IT IS SO ORDERED.
Here, LendUS has not demonstrated that it needs written discovery
from thirty of forty-six plaintiffs to identify its defenses or
show that the collective is not similarly situated.
Discovery from plaintiffs employed at different locations is
important based on the nature of the plaintiffs' claim that "LendUS
had a common, uniform, and widespread policy and practice that
discouraged Loan Assistants and Loan Processors from reporting
overtime hours." Whether the alleged policy was actually common
across locations is a legitimate inquiry regarding the similarity
of the collective’s situations, although it may not require
discovery from plaintiffs at all twenty locations.
The parties in this wage-and-hour collective action under the Fair
Labor Standards Act (FLSA) disagree about the number of opt-in
plaintiffs to be selected for representative discovery following
the trial judge's order conditionally certifying the collective
action.
The Defendant LendUS proposes conducting written discovery as to
thirty of forty-six plaintiffs.
The plaintiffs contend that this is excessive and propose limiting
the number to eighteen plaintiffs.
The plaintiffs are current and former employees (Loan Assistants or
Loan Processors) of LendUS, who allege that LendUS failed to pay
them for overtime hours worked.
The Defendant is a California-based mortgage lender.
A copy of the Court's order dated Jan. 29, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dQCsda at no extra
charge.[CC]
LIDESLAMBOUS INC: Braxton Bid to Amend Complaint Partly OK'd
------------------------------------------------------------
In the class action lawsuit captioned as JALISHA BRAXTON, et al.,
v. LIDESLAMBOUS, INC., et al., Case No. 4:24-cv-00119-JKW-RJK (E.D.
Va.), the Hon. Judge Jamar Walker entered an order granting in part
and denying in part the plaintiffs' motion for leave to file a
third amended complaint.
The Defendants' partial motion to dismiss is granted in part and
denied in part.
The plaintiffs' motion to certify a class and conditionally certify
a collective is denied in part as moot, with respect to the
theories of liability dismissed under Fed. R. Civ. P. 12(b)(6).
With respect to the remaining theories, the motion to certify is
denied.
The trial and final pretrial conference dates are vacated, and all
other deadlines in the Court's Scheduling Order-as well as the
deadline to reply to the motion for summary judgment-are stayed
until further order of this Court.
The parties are ordered to contact the chambers of the Honorable
Lawrence R. Leonard, at 757-222-7210, on or before Jan. 30, 2026,
to schedule a settlement conference.
The plaintiffs seek to certify a class defined as:
"All current and former servers employed by the Defendants
at Captain George's Williamsburg restaurant who, at any time
from and including Oct. 9, 2021, to the present date, were
unlawfully denied full statutory minimum wages to which they
were entitled under the FLSA, VMWA and VWPA."
They also ask for conditional certification of an FLSA collective
defined as:
"All current and former servers employed by the Defendants
at Captain George's Williamsburg restaurant who, at any time
from and including Oct. 9, 2021, to the present date, were
unlawfully denied full statutory minimum wages to which they
were entitled under the FLSA, VMWA and VWPA."
The Plaintiffs -- former servers at Captain George's Williamsburg,
Virginia restaurant—filed this hybrid collective and class action
against the restaurant's owners and corporate entity alleging
claims for unpaid wages under federal and state law.
Lideslambous is engaged in the retail sale of prepared foods and
drinks for on-premise consumption.
A copy of the Court's opinion & order dated Jan. 27, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=u1MVbf
at no extra charge.[CC]
LINKEDIN CORP: Class Cert. Bid in Crowder Amended to Nov. 20
------------------------------------------------------------
In the class action lawsuit captioned as TODD CROWDER, et al., v.
LINKEDIN CORPORATION, Case No. 4:22-cv-00237-HSG (N.D. Cal.), the
Hon. Judge Haywood S. Gilliam, Jr. entered an amended scheduling
order as follows:
Event Deadline
Close of expert discovery: Nov. 6, 2026
Deadline for the Plaintiffs' motion for Nov. 20, 2026
class certification and class-related Daubert
motion(s):
Deadline for the Defendant's oppositions to Dec. 22, 2027
class-certification and Daubert motion(s);
Defendant's class-related Daubert motion(s):
Deadline for the Plaintiffs' reply to class Jan. 22, 2027
certification and Daubert motion(s);
Plaintiffs' opposition to Defendant's class
related Daubert motion(s):
Combined hearing on class certification, April 1, 2027,
summary judgment motions, and all at 2:00pm.
Daubert Motions:
LinkedIn is a business and employment-focused social media platform
that works through websites and mobile apps.
A copy of the Court's order dated Jan. 27, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=d4Sla8 at no extra
charge.[CC]
MARK CUBAN: Karnas Seeks Modification of Dec. 30 Order
------------------------------------------------------
In the class action lawsuit captioned as DOMINIK KARNAS et al., on
behalf of himself and others similarly situated, v. MARK CUBAN, et
al., Case No. 1:22-cv-22538-RKA (S.D. Fla.), the Plaintiffs ask the
Court to enter an order:
1. Granting the motion for reconsideration,
2. Modifying the portion of the Dec. 30 order dismissing
Cuban/Mavericks solely to provide the relief of transfer
rather than dismissal,
3. Severing the claims against the Defendants Mark Cuban and the
Mavericks under Rule 21,
4. Transferring the severed action to N.D. Tex. (Dallas
Division) under section 1406(a) and section 1631 (and
alternatively section 1404(a)), and
5. Directing the Clerk to effectuate the transfer by opening a
new case number, transmitting the docket, and performing such
other functions as may be necessary.
The action alleges hundreds of millions in damages affecting
millions of class members nationwide, has already involved
extensive discovery, and likely represents the only viable avenue
of recovery for the victims of a massive cryptocurrency fraud.
In its December 30, 2025, Order, the Court ruled that it lacks
personal jurisdiction over Defendants Mark Cuban and the Mavericks.
In harmony with that ruling, Plaintiffs ask the Court to sever the
claims against the Defendants and, rather than dismiss, transfer
them to the Northern District of Texas. The Defendants themselves
proposed that transfer, even if personal jurisdiction was found
wanting. Transfer best satisfies the interests of justice. Having
urged transfer as the proper alternative to dismissal, Defendants
cannot credibly claim unfair prejudice from that same remedy.
In August 2022, the Plaintiffs, individual investors who lost money
investing through Voyager, filed this action against Mark Cuban and
the Dallas Mavericks, along with other promoter defendants, to
recover damages they sustained following Defendants' solicitation
of sales of the unregistered EPAs on the Voyager platform.
Mark Cuban is an American businessman and television personality.
A copy of the Plaintiffs' motion dated Jan. 27, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=eFXzZa at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam M. Moskowitz, Esq.
Joseph M. Kaye, Esq.
Barbara C. Lewis, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
Continental Plaza
3250 Mary Street, Suite 202
Coconut Grove, FL 33133
Telephone: (305) 740-1423
E-mail: adam@moskowitz-law.com
joseph@moskowitz-law.com
service@moskowitz-law.com
barbara@moskowitz-law.com
- and -
David Boies, Esq.
Stephen Neal Zack, Esq.
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
Telephone: (914) 749-8200
E-mail: dboies@bsfllp.com
szack@bsfllp.com
- and -
Jose M. Ferrer, Esq.
Desiree Fernandez, Esq.
MARK MIGDAL HAYDEN LLP
8 SW 8th Street, Suite 1999
Miami, FL 33130
Telephone: (305) 374-0440
E-mail: jose@markmigdal.com
desiree@markmigdal.com
MCLAREN HEALTH: Agrees to Settle Data Breach Class Suit for $14MM
-----------------------------------------------------------------
Nicole Aljets of ClaimDEPOT reports that current and former
patients and other individuals whose personal information was
compromised in the 2023 or 2024 data breaches at McLaren Health
Care may be eligible to submit a claim for up to $5,000 and other
benefits from a class action settlement. The data breaches impacted
an estimated 2,800,000 people.
McLaren Health Care Corp. has agreed to pay $14 million to settle a
class action lawsuit alleging that the company failed to adequately
protect patient information, resulting in two separate data
breaches. The breaches, which occurred between July 28, 2023, and
Aug. 23, 2023, and again between July 17, 2024, and Aug. 3, 2024,
may have exposed sensitive personal and health information of
patients and others.
Who can file a claim for a data breach payout?
Class members must meet the following criteria:
-- Their personally identifying information or protected health
information was accessed during the data breaches that occurred
between July 28, 2023, and Aug. 23, 2023, or between July 17, 2024,
and Aug. 3, 2024.
-- They received a notice from McLaren Health Care Corp.
regarding either of the data breaches.
How much will the settlement payment be?
Class members can submit to receive one or more of the following
benefits:
-- Credit monitoring: All class members can elect to receive one
year of one-bureau credit monitoring services, which includes dark
web scanning, $1 million in reimbursement insurance, fully managed
identity restoration and lost wallet assistance. Class members that
currently have credit monitoring services can still claim this
benefit, and will have one year from receipt to redeem it.
-- Documented loss payment: Class members can claim up to $5,000
in documented losses and expenses traceable to the data breach.
Eligible losses include unreimbursed fraud losses, professional
fees related to identity theft or tax fraud, lost interest from
delayed tax refunds, credit freeze expenses, credit monitoring
expenses, and other miscellaneous expenses such as notary, postage
or mileage.
-- Pro rata cash fund payment: All class members can also submit
a claim for a pro rata cash payment from the remaining net
settlement fund. Final payment amount will be determined by the
total number of claims filed.
How to claim a class action rebate
To claim a settlement payment, class members can file a claim
online or print the PDF claim form to mail to the settlement
administrator.
Settlement administrator's mailing address: MHCC Class Action
Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103
The claim deadline is April 29, 2026.
Required proof and claim information
-- Notice ID and Confirmation Code required to submit a claim
online.
-- Documented losses claims require supporting documentation,
which may include bank or credit card statements showing
unreimbursed fees or charges due to fraud, receipts, invoices and
other proof of monetary losses due to fraud or identity theft.
-- Individuals that did not receive a notice, but believe they
should be included in the settlement class must mail a paper claim
form and provide supporting documentation showing they were
impacted by one of the data breaches.
Payout options
-- PayPal
-- Venmo
-- Zelle
-- Virtual prepaid card
-- Paper check mailed to the address provided
$14 million data breach settlement fund
The $14,000,000 settlement fund will include:
-- Settlement administration costs: To be determined
-- Attorneys' fees: Up to $4,666,666.67
-- Attorneys' costs: To be presented to the court for approval at
a later date
-- Service awards to class representatives: Up to $1,500 each
-- Credit monitoring costs: Cost determined by number of claims
filed
-- Payments to approved claimants: Remaining settlement funds
Important dates
-- Deadline to opt out: March 16, 2026
-- Deadline to file a claim: April 29, 2026
-- Final approval hearing: April 21, 2026
When is the McLaren Health Care data breach settlement payout
date?
Payments and credit monitoring codes will be issued to approved
claimants after the court grants final approval of the settlement
and claim processing is completed.
Why did this class action settlement happen?
The class action lawsuit alleged that McLaren Health Care Corp.
failed to adequately protect the personal and health information of
patients, resulting in two data breaches in 2023 and 2024.
Plaintiffs claimed they suffered financial and other harm as a
result.
McLaren denies the allegations but agreed to settle to avoid the
risk and expense of continued litigation. The settlement agreement
also requires McLaren to enhance its data security measures.
Settlement Open for Claims
Award: Up to $5,000
Deadline: April 29, 2026 [GN]
MELWOOD INC: Fails to Safeguard Private Information, Ingram Says
----------------------------------------------------------------
WESLEY INGRAM, individually and on behalf of all others similarly
situated, Plaintiff v. MELWOOD, INC., Defendant, Case No.
8:26-cv-00405 (D. Md., January 31, 2026) is a class action against
the Defendant for its failure to properly secure and safeguard
Plaintiff's and Class Members' personally identifiable information
("PII") including Social Security numbers.
The complaint relates that Plaintiff and Class Members are current
and former employees who, in order to obtain employment from
Defendant, were and are required to entrust Defendant with their
sensitive, non-public Private Information. Businesses like
Defendant that handle Private Information owe the individuals to
whom that data relates a duty to adopt reasonable measures to
protect such information from disclosure to unauthorized third
parties, and to keep it safe and confidential. This duty arises
under contract, statutory and common law, industry standards,
representations made to Plaintiff and Class Member. However,
Defendant breached these duties owed to Plaintiff and Class Members
when between August 9, and August 17, 2025, hackers targeted and
accessed Defendant's network systems and stole Plaintiff's and
Class Members' sensitive, confidential Private Information stored
therein, causing widespread injuries to Plaintiff and Class
Members.
As a result of the Data Breach, Plaintiff and Class Members
suffered and will continue to suffer concrete injuries in fact,
including but not limited to (a) financial costs incurred
mitigating the materialized risk and imminent threat of identity
theft; (b) loss of time and loss of productivity incurred
mitigating the materialized risk and imminent threat of identity
theft; (c) actual identity theft and fraud; (d) financial costs
incurred due to actual identity theft; (e) loss of time incurred
due to actual identity theft; (f) deprivation of value of their
Private Information; (g) loss of privacy; (h) emotional distress
including anxiety and stress in with dealing with the Data Breach;
and (i) the continued risk to their sensitive Private Information,
which remains in Defendant's possession and subject to further
breaches, so long as Defendant fails to undertake adequate measures
to protect the data it collects and maintains, says the suit.
To recover from Defendant for these harms, Plaintiff, on his own
behalf and on behalf of the Class brings claims for
negligence/negligence per se, breach of implied contract, invasion
of privacy, and unjust enrichment, to address Defendant's
inadequate safeguarding of Plaintiff's and Class Members' Private
Information in its care. The Plaintiff and Class Members seek
damages and equitable relief requiring Defendant to (a) disclose
the full nature of the Data Breach and types of Private Information
exposed; (b) implement data security practices to reasonably guard
against future breaches; and (c) provide, at Defendant's expense,
all Data Breach victims with lifetime identity theft protection
services.
Plaintiff is a resident and citizen of Lithonia, Georgia.
Defendant Melwood, Inc. is one of the nation's leading advocates,
employers, and service providers for people with disabilities and
their caregivers.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
METROPOLITAN GOVERNMENT: Appeals Court Order in KE Holdings Suit
----------------------------------------------------------------
METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY is taking an
appeal from a court order granting in part and denying in part its
motion for summary judgment in the lawsuit entitled KE Holdings
LLC, et al., individually and on behalf of all others similarly
situated, Plaintiffs v. Metropolitan Government of Nashville &
Davidson County, Defendant, Case No. 3:23-cv-00924, in the U.S.
District Court for the Middle District of Tennessee.
The Plaintiffs seek injunctive relief and damages related to the
enforcement of the Metro Sidewalk Ordinance ("Sidewalk Ordinance"),
BL2019-1659, and the misuse of funds paid pursuant to the Sidewalk
Ordinance.
On Feb. 28, 2025, the Defendant filed a motion for summary
judgment, which Judge Aleta A. Trauger granted in part and denied
in part on Aug. 8, 2025. Specifically, the motion is granted with
respect to (1) all claims brought by Plaintiff Infinium Builders
LLC and (2) as to the Plaintiffs' due process claim. Because
Selman's claims accrued outside the limitations period, his claims
are dismissed. Several of the claims brought by Lafitte and KE
Holdings LLC, doing business as Ascent Construction are timely, as
set forth in the accompanying Memorandum. Those claims that are
untimely, having accrued outside the limitations period, are
dismissed.
On Aug. 22, 2025, the Defendant filed a motion for certificate of
appealability and memorandum of law in support, which Judge Trauger
granted on Sept. 23, 2025.
On Sept. 26, 2025, the Defendant filed a motion to stay proceedings
pending interlocutory appeal and memorandum of law in support,
which Judge Trauger granted on same day. All proceedings in this
case are hereby stayed until further order of the court.
The appellate case is entitled KE Holdings LLC, et al. v.
Metropolitan Government of Nashville & Davidson County, Case No.
26-5099, in the United States Court of Appeals for the Sixth
Circuit, filed on February 9, 2026. [BN]
Plaintiffs-Appellees KE HOLDINGS LLC, et al., individually and on
behalf of all others similarly situated, are represented by:
David W. Garrison, Esq.
BARRETT JOHNSTON MARTIN & GARRISON
200 31st Avenue, N.
Nashville, TN 37203
Telephone: (615) 244-2202
Defendant-Appellant METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON
COUNTY, TN is represented by:
J. Brooks Fox, Esq.
THE METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON
COUNTY
P.O. Box 196300
Nashville, TN 37219
Telephone: (615) 862-6341
MICROSOFT CORP: Illegally Stores Biometric Data, Basich Says
------------------------------------------------------------
ALEX BASICH, KRISTIN BONDLOW, MARQUIS BOYCE, JESSICA BREWER, and
JAMARI BROWN, Individually and on Behalf of All Others Similarly
Situated, Plaintiffs v. MICROSOFT CORPORATION, Defendant, Case No.
2:26-cv-00422 (W.D. Wash., February 5, 2026) is a class action
against the Defendant for collecting, storing, and using
Plaintiffs' biometric identifiers and/or biometric information,
including voiceprints, without providing the required notice and
obtaining the required consent pursuant to the Illinois Biometric
Privacy Act (BIPA).
As alleged, Microsoft's practices of obtaining its Microsoft Teams
meeting participants' biometric information and identifiers during
live meeting transcription without informed written consent
violates BIPA. Moreover, Microsoft's failure to provide a publicly
available written policy regarding its schedule and guidelines for
the retention and permanent destruction of these participants'
biometric information and identifiers violates BIPA.
The complaint alleges that the Plaintiffs and the other Class
members have been injured by Microsoft's conduct, which injury
includes the unknowing loss of control of their valuable biometric
identifiers and/or biometric information, and violations of their
privacy due to Microsoft's collection, capture, and storage of
their biometric identifiers and/or biometric information.
Accordingly, Plaintiffs seek: (i) injunctive and equitable relief
as is necessary to protect the interests of Plaintiffs and the
Class by requiring Microsoft to comply with BIPA's requirements for
the collection, storage, and use of biometric identifiers and/or
biometric information; (ii) statutory damages; and (iii) reasonable
attorneys' fees, costs, and expenses pursuant to the Illinois
Compiled Statutes.
Plaintiffs Alex Basich, Kristin Bondlow, Marquis Boyce, Jessica
Brewer and Jamari Brown are citizens of Illinois who uses Microsoft
Teams and have been participants in Teams meetings in which
Microsoft meeting transcription was employed.
Defendant Microsoft Corporation is a multinational technology
company that provides, among its other services, Microsoft Teams, a
team collaboration service for chats, virtual meetings, and video
conferences.[BN]
The Plaintiffs are represented by:
Bradley S. Keller, Esq.
Jofrey M. McWilliam, Esq.
BYRNES KELLER CROMWELL LLP
1000 Second Avenue, 38th Floor
Seattle, WA 98104
Telephone: (206) 622-2000
E-mail: bkeller@byrneskeller.com
jmcwilliam@byrneskeller.com
- and -
Brian Levin, Esq.
Nicholas Miranda, Esq.
LEVIN LAW, P.A.
2665 South Bayshore Drive, PH2B
Miami, FL 33133
E-mail: brian@levinlawpa.com
Nicholas@levinlawpa.com
- and -
Jonathan Waisnor, Esq.
James M. Fee, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway.
New York, NY 10005
Telephone: (212) 907-0700
E-mail: jwaisnor@labaton.com
jfee@labaton.com
NFL PLAYER: Alford Bid for Class Certification Tossed
-----------------------------------------------------
In the class action lawsuit captioned as JASON ALFORD, et al., v.
THE NFL PLAYER DISABILITY, & SURVIVOR BENEFIT PLAN, et al., Case
No. 1:23-cv-00358-JRR (D. Md.), the Hon. Judge Rubin entered an
order denying class certification motion.
The Plaintiffs bring a class action pursuant to the Employee
Retirement Income Security Act of 1974 ("ERISA").
On Sept. 3, 2024, the Plaintiffs filed their Class Certification
Motion to certify the following class:
"All participants in the Plan who filed one or more
applications for one or more categories of disability benefits
under the Plan between Aug. 1, 1970 and [the date of class
certification] and are members of at least one of the five
Subclasses, defined as the T & P SUBCLASS, the ACTIVE
SUBCLASS, the LOD SUBCLASS, the NC SUBCLASS, and the FIDUCIARY
SUBCLASS."
"The Plan" includes the NFL Player Disability & Survivor Benefit
Plan (formerly the NFL Player Disability, Neurocognitive & Death
Benefit Plan, the NFL Player Disability & Neurocognitive Benefit
Plan, the NFL Player Supplemental Disability & Neurocognitive
Benefit Plan, and the NFL Player Supplemental Disability Plan); the
Bert Bell/Pete Rozelle NFL Player Retirement Plan; the Bert Bell
NFL Player Retirement Plan; and the Pete Rozelle NFL Player
Retirement Plan.
The Plaintiffs seek to certify five subclasses:
The T & P SUBCLASS:
"All members of the Class who filed one or more applications
for Total & Permanent Disability benefits under the Plan;
received an adverse determination as part of at least one such
application(s) between Aug. 9, 2019 and [the date of class
certification]; and are not members of the ACTIVE SUBCLASS.
The ACTIVE SUBCLASS:
"All members of the Class who filed one or more applications
for Total & Permanent Disability benefits under the Plan;
received an adverse determination as part of at least one such
application between Aug. 9, 2019 and [the date of class
certification]; and were within the timeframe to qualify for
Active Football or Active Nonfootball Total & Permanent
Disability benefits at the time that they applied."
The LOD SUBCLASS:
"All members of the Class who filed one or more applications
for Line-of-Duty Disability Benefits under the Plan and
received an adverse determination as part of at least one such
application between Aug. 9, 2019, and [the date of class
certification]."
The NC SUBCLASS:
"All members of the Class who filed an application for
Neurocognitive Disability benefits under the Plan and received
an adverse determination as part of at least one such
application between Aug. 9, 2019, and [the date of class
certification]."
The FIDUCIARY SUBCLASS:
"All members of the Class who filed an application for one or
more categories of disability benefits under the Plan between
Aug. 1, 1970, and [the date of class certification]."
NFL Player is an employee welfare plan providing financial
assistance to former players for injuries sustained during their
careers.
A copy of the Court's memorandum opinion dated Jan. 28, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=Mo8lCj
at no extra charge.[CC]
NFL PLAYER: Alford Bid to Strike Reply Declarations Tossed
----------------------------------------------------------
In the class action lawsuit captioned as JASON ALFORD, et al., v.
THE NFL PLAYER DISABILITY, & SURVIVOR BENEFIT PLAN, et al., Case
No. 1:23-cv-00358-JRR (D. Md.), the Hon. Judge Rubin entered an
order denying the Plaintiffs' motion to strike reply declarations.
In summary, the court declines to strike the Declarations pursuant
to Rule 37(c)(1). Any surprise caused by the Declarations was
curable by the Plaintiffs, and they declined to do that based on
their estimation that there was limited value in undertaking such
an effort.
The Plaintiffs filed their motion to certify class on Sept. 3,
2024.
The Defendants then served their initial disclosures pursuant to
Federal Rule of Civil Procedure 26(a)(1)(A) on Oct. 9, 2024; the
initial disclosures did not identify Garza or Clark as individuals
likely to possess discoverable information upon which Defendants
may rely for their defense.
NFL Player is an employee welfare plan providing financial
assistance to former players for injuries sustained during their
careers, including Total & Permanent (T&P) disability, Line of Duty
(LOD) benefits, and Neurocognitive (NC) benefits.
A copy of the Court's memorandum and order dated Jan. 28, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=oRHRPQ
at no extra charge.[CC]
NIKE INC: Bid to Redact Third-Party Employee Names Granted
----------------------------------------------------------
In the class action lawsuit captioned as KELLY CAHILL, et al.,
individually and on behalf of others similarly situated, v. NIKE,
INC., an Oregon Corporation, Case No. 3:18-cv-01477-AB (D. Or.),
the Hon. Judge Baggio entered an order granting the Defendant's
motion to redact third-party employee names from the Plaintiff's
motion for leave.
On Oct. 7, 2025, the Plaintiff filed a motion for leave to file a
renewed motion for class certification.
Nike is an American athletic footwear and apparel corporation.
A copy of the Court's opinion & order dated Jan. 26, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=W20iCS
at no extra charge.[CC]
NORTH DAKOTA: Faces Said Suit Over Slavery & Involuntary Servitude
------------------------------------------------------------------
ADEL SAID, individually and on behalf of all others similarly
situated, Plaintiff v. STATE OF NORTH DAKOTA, Defendant, Case No.
3:26-cv-00034-ARS (D.N.D., February 9, 2026) is a class action
against the Defendant for violations of the Thirteenth Amendment's
prohibition of slavery and involuntary servitude.
According to the complaint, the Defendant has established a system
of institutional bondage that functions as modern-day slavery
through its absolute and exclusive control of the University of
North Dakota. The Defendant utilizes the Eleventh Amendment as a
procedural shield to perpetrate substantive violations of the
Thirteenth Amendment, causing citizens to be stripped of their
earning capacity, professional reputation, and personal liberty
while being bound by non-dischargeable debt, suit says.
State of North Dakota is a state government in the U.S. [BN]
NUTRAMAX LABORATORIES: $11.5MM Deal in "Lytle" Has Prelim Approval
------------------------------------------------------------------
In the case captioned as Justin Lytle and Christine Musthaler,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Nutramax Laboratories, Inc. and Nutramax
Laboratories Veterinary Sciences, Inc., Defendants, Case No. ED CV
19-0835 FMO (SPx) (C.D. Cal.), Judge Fernando M. Olguin of the
United States District Court for the Central District of California
granted the Plaintiffs' Amended Unopposed Motion for Preliminary
Approval of a Class Action Settlement.
The Plaintiffs filed the operative Second Amended Complaint on
October 11, 2019, asserting claims for violations of California's
Consumers Legal Remedies Act and violations of various state
consumer protection laws. The Defendant researches, develops,
manufactures, and sells supplements for both humans and household
pets, including Cosequin canine joint health supplements containing
glucosamine and chondroitin as the main active ingredient. The
Plaintiffs alleged that in marketing Cosequin, the Defendant made
incomplete and inaccurate claims in advertising and on packaging
that misled reasonable consumers into purchasing and continuing to
use the Cosequin products, and that joint health claims were
refuted by peer-reviewed, randomized, controlled clinical trials.
On May 6, 2022, the court granted the Plaintiffs' motion for class
certification and certified a class under Rule 23(b)(3) of the
Federal Rules of Civil Procedure with respect to the Plaintiffs'
claim under the Consumers Legal Remedies Act. The certified class
comprised all persons residing in California who purchased, during
the limitations period from May 3, 2016 through May 6, 2022, the
following canine Cosequin products for personal use: Cosequin DS
Maximum Strength Chewable Tablets; Cosequin DS Maximum Strength
Plus MSM Chewable Tablets; and Cosequin DS Maximum Strength Plus
MSM Soft Chews. The Ninth Circuit subsequently affirmed the class
certification order. See Lytle v. Nutramax Laboratories, Inc., 114
F.4th 1011 (9th Cir. 2024).
The parties participated in a mediation on April 10, 2025, where
they reached an agreement to settle in principle. Pursuant to the
settlement, the Defendant agreed to pay a non-reversionary gross
settlement amount of $11.5 million to pay class members, class
representative service awards, and attorney's fees and costs. The
settlement provides for up to 33.33% of the gross settlement amount
in attorney's fees and an incentive payment of $7,500 for each
named Plaintiff. The settlement administrator, Epiq Class Action
and Claims Solutions, Inc., will be paid by the Defendant directly
and not from the settlement fund.
Class members who timely submit valid claim forms may receive up to
$25.00 per unit of Cosequin products purchased during the Class
Period, with a maximum recovery of $150 for multiple Cosequin
products purchased, limited to one claim per household. The
settlement amount represented 67.2% of the estimated calculated
damages of $17,112,007. In addition to monetary relief, the
Defendant agreed not to include certain joint health and mobility
statements on future Cosequin product packaging, while retaining
the right to use the statement Joint Health Supplement.
The court found that the settlement was the product of arm's-length
negotiations, was fair, reasonable, and adequate, and did not
improperly grant preferential treatment to class representatives.
The court also found that the proposed notice plan, which included
email notice, publication in newspapers, digital advertising, and a
long-form notice on the settlement website, constituted the best
practicable notice to class members and complied with the
requirements of due process.
Accordingly, the court granted preliminary approval of the
settlement, appointed Milberg Coleman Bryson Phillips Grossman,
PLLC and Levin Papantonio Rafferty as class counsel, and appointed
Epiq as settlement administrator.
The court ordered that class notice be completed no later than
March 23, 2026, and set a Final Approval Hearing for August 13,
2026, at 10:00 a.m. in Courtroom 6D of the First Street Courthouse.
The deadline for class members to object or exclude themselves from
the settlement is June 22, 2026. All other proceedings in the
action are stayed pending the final fairness hearing.
A copy of the Court's decision dated 2nd February, 2026 is
available at https://urlcurt.com/u?l=Y9GujZ from PacerMonitor.com
Defendants Nutramax Laboratories Veterinary Sciences, Inc. and
Nutramax Laboratories, Inc. are represented by Sean A. Commons
(Sidley Austin LLP, 213-896-6000, scommons@sidley.com), Amy P.
Lally (Sidley Austin LLP, 310-595-9500, alally@sidley.com), Adriane
Kayoko Peralta (Sidley Austin LLP, 213-896-6000,
adriane.peralta@sidley.com), and Celia Hope Spalding (Sidley Austin
LLP, 213-896-6000, cspalding@sidley.com), together with Joshua A.
Glikin (Bowie & Jensen LLC, 410-583-2400,
glikin@bowie-jensen.com).
Plaintiffs Justin Lytle and Christine Musthaler are represented by
Daniel L. Warshaw and Michael Harrison Pearson (Pearson Simon &
Warshaw LLP, 818-788-8300, dwarshaw@pswlaw.com;
mpearson@pswlaw.com); Daniel K. Bryson (Whitfield Bryson & Mason
LLP, 919-600-5000, dan@wbmllp.com); Gregory F. Coleman and Adam A.
Edwards (Greg Coleman Law PC, 865-247-0080,
greg@gregcolemanlaw.com; adam@gregcolemanlaw.com); and Brenton J.
Goodman and Matthew D. Schultz (Levin Papantonio Thomas Mitchell
Rafferty & Proctor PA, 850-435-7171 / 850-435-7140,
bgoodman@levinlaw.com; mschultz@levinlaw.com
OVERLAND SHEEPSKIN: Dalton Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. Overland Sheepskin Co., Inc., Defendant,
Case No. 0:26-cv-01028-LMP-DJF (D. Minn., February 4, 2026) accuses
the Defendants of violating the Americans with Disabilities Act and
the Minnesota Human Rights Act.
The cases arises from Defendants' failure to make services of its
website, www.overland.com, accessible by screen reader programs.
Such failure denied individuals with visual disabilities the
benefits of the website. Accordingly, the Plaintiff seeks relief
including an injunction requiring Defendant to make its website
accessible to Plaintiff and the putative class.
Headquartered in Fairfield, IA, Overland Sheepskin Co, Inc. owns
and operates the website which offers sheepskin and leather apparel
for sale. [BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
PAMELA BONDI: Must Release Coke from Custody
--------------------------------------------
In the class action lawsuit captioned as JAVEIN JUMEL COKE, v.
PAMELA BONDI, et al., Case No. 2:26-cv-00071-MLP (W.D. Wash.), the
Hon. Judge Peterson entered an order as follows:
(1) The Petitioner's petition for writ of habeas corpus is
granted in part. Respondents shall immediately release
Petitioner from custody subject to reasonable conditions of
supervision;
(2) Within two (2) business days, Respondents shall file a
notice with the Court confirming his release;
(3) Respondents are prohibited from removing or attempting to
remove Petitioner to any third country without providing
Petitioner and his counsel, if any, at least ten (10) days'
written notice identifying the proposed country of removal
and affording Petitioner a meaningful opportunity to be
heard in reopened removal proceedings before an immigration
judge, including the opportunity to seek any available
protection or relief; and
(4) Petitioner's motion for emergency relief is denied as moot.
The Court finds no basis to deviate from the reasoning in
Baltodano, Abukaka, and Nguyen, and applies the same reasoning
here.
The Court concludes that Petitioner is entitled to the requested
relief prohibiting Respondents from removing him to a third country
without notice and a meaningful opportunity to be heard in reopened
removal proceedings.
The Petitioner asserts that he is entitled to release because
removal to his country of citizenship is not reasonably foreseeable
and his continued detention is therefore in violation of Zadvydas
v. Davis, 533 U.S. 678 (2001).
Petitioner Javein Jumel Coke is currently detained by U.S.
Immigration and Customs Enforcement ("ICE") at the Northwest ICE
Processing Center.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mvPBZ6 at no extra
charge.[CC]
PANERA BREAD: Faces Class Action Lawsuits Over Data Breach
----------------------------------------------------------
Top Class Actions reports that two new class action lawsuits have
been filed against Panera Bread.
Why: The lawsuits claim Panera Bread failed to properly secure and
safeguard customers' personal information in a recent data breach.
Where: The Panera Bread class action lawsuits were filed in
Missouri federal court.
Two new class action lawsuits have been filed against Panera Bread
over a data breach that allegedly compromised the personally
identifying information (PII) of millions of customers.
Plaintiffs Michael Cardin and Paige Cipriani filed the Panera class
action lawsuits in Missouri federal court, alleging Panera failed
to properly secure and safeguard their PII.
Panera, a popular bakery-café chain, allegedly experienced a data
breach in January 2026, during which a hacker group known as
ShinyHunters accessed Panera's network and acquired files
containing the PII of millions of customers, the Panera Bread
lawsuits say.
The plaintiffs claim Panera failed to adequately protect the PII it
collected and maintained, including names, email addresses, home
addresses, phone numbers and account details.
Cipriani, a Washington resident, claims Panera failed to encrypt or
redact sensitive data and disregarded known cybersecurity risks.
"Defendant failed to adequately protect the plaintiff's and class
members' private information — and failed to even encrypt or
redact this highly sensitive information," the Cipriani class
action lawsuit alleges.
Panera data breach puts customers at risk of identity theft, fraud,
lawsuits allege
The Panera data breach lawsuits claim that despite the severity of
the incident, Panera has not provided any response or notice to the
affected individuals.
The lawsuits allege Panera's negligence is particularly egregious
given that the company suffered a similar data breach in March
2024. The plaintiffs claim Panera was therefore aware of the risks
but failed to take the necessary steps to secure the PII.
As a result, the plaintiffs and other class members are now at an
increased risk of identity theft and fraud, the Panera class action
lawsuits say.
The plaintiffs are looking to represent anyone in the United States
whose PII was compromised in the Panera data breach. They are suing
for negligence, breach of implied contract and unjust enrichment
and are seeking damages and injunctive relief, including identity
theft protection services for life.
Also in January, Grubhub food delivery service was hit with a class
action lawsuit for allegedly failing to protect the PII of its
customers and drivers during a data breach in 2025.
The plaintiffs are represented by Don M. Downing and Morry S. Cole
of Gray, Ritter & Graham P.C.; Gerald D. Wells III and Robert J.
Gray of Lynch Carpenter LLP; Maureen M. Brady of McShane & Brady
LLC; and M. Anderson Berry, Gregory Haroutunian and Brook
Garberding of Emery Reddy P.C.
The Panera class action lawsuits are Cardin v. Panera Brands Inc.,
Case No. 4:26-cv-00125 and Cipriani v. Panera Bread Company, Case
No. 4:26-cv-00126, both in the U.S. District Court for the Eastern
District of Missouri. [GN]
PANERA BREAD: Fails to Safeguard Private Information, Sutcliff Says
-------------------------------------------------------------------
SARAH SUTCLIFF, individually and on behalf of all others similarly
situated, Plaintiff v. PANERA BREAD COMPANY, Defendant, Case No.
4:26-cv-00172 (E.D. Mo., February 4, 2026) is a class action
against the Defendant for its failure to properly secure and
safeguard Plaintiff's and other similarly situated individuals
("Class Members") personally identifying information ("PII"),
including names, email addresses, home addresses, phone numbers and
account details.
The complaint relates that the Plaintiff and Class Members are
individuals who were required to indirectly and/or directly provide
Defendant with their Private Information. By collecting, storing,
and maintaining Plaintiff's and Class Members' Private Information,
Panera has a resulting duty to secure, maintain, protect, and
safeguard the Private Information that it collects and stores
against unauthorized access and disclosure through reasonable and
adequate data security measures. Despite this, the Plaintiff's and
Class Members' Private Information in Defendant's possession was
compromised when a hacker using the online moniker 'ShinyHunters'
posted on a popular hacking forums in January 2026, that it stole
more than 14 million records, totaling 760 MB of compressed data.
The Data Breach occurred when cybercriminals infiltrated
Defendant's inadequately protected network servers and accessed
highly sensitive PII that was being kept. The Defendant does not
appear to have provided, any response nor any notice regarding the
Data Breach.
The Plaintiff and Class Members are now at a significantly
increased and certainly impending risk of fraud, identity theft,
intrusion of their, and similar forms of criminal mischief, risk
which may last for the rest of their lives since it appears their
information was specifically targeted. Consequently, Plaintiff and
Class Members must devote substantially more time, money, and
energy to protect themselves, to the extent possible, from these
crimes, says the suit.
The Plaintiff, on behalf of herself and all others similarly
situated, alleges claims for negligence, breach of implied
contract, unjust enrichment and declaratory judgment arising from
the Data Breach. The Plaintiff seeks damages and injunctive relief,
including the adoption reasonably sufficient practices to safeguard
the Private Information in Defendant's custody to prevent incidents
like the Data Breach from reoccurring in the future, and for
Defendant to provide identity theft protective services to
Plaintiff and Class Members for their lifetimes.
Plaintiff Sarah Sutcliff is a citizen and resident of the State of
New York and is a Data Breach victim.
Defendant Panera Bread Company is a restaurant company that
operates and franchises bakery-cafes offering bread, sandwiches,
soups, salads, and beverages across the United States.[BN]
The Plaintiff is represented by:
Don M. Downing, Esq.
Morry S. Cole, Esq.
GRAY, RITTER & GRAHAM, P.C.
701 Market Street, Suite 800
St. Louis, MO 63101-1826
Telephone: (314) 241-5620
Facsimile: (314) 241-4140
E-mail: mcole@grgpc.com
ddowning@grgpc.com
- and -
MaryBeth V. Gibson, Esq.
GIBSON CONSUMER LAW GROUP, LLC
4279 Roswell Road
Suite 208-108
Atlanta, GA 30342
Telephone: (678) 642-2503
E-mail: marybeth@gibsonconsumerlawgroup.com
PEPSICO INC: Inflates Soft Drinks' Retail Prices, Reese Suit Says
-----------------------------------------------------------------
CYNTHIA REESE, individually and on behalf of all others similarly
situated, Plaintiff v. PEPSICO, INC. and WALMART INC., Defendants,
Case No. 1:26-cv-10607 (D. Mass., February 6, 2026) is a class
action against the Defendants for violations of antitrust and
consumer protection laws.
The case arises from the Defendants' alleged anticompetitive
agreement wherein Pepsi agreed to inflate its wholesale prices
above competitive levels for Pepsi Soft Drinks to its wholesale
customers other than Walmart. The resulting wholesale price
inflation enabled Walmart to elevate its retail prices for Pepsi
Soft Drinks above competitive levels and forced Walmart's
competitors to charge higher prices at retail than they otherwise
would have. As a result of the Defendants' unlawful scheme, the
Plaintiff and the members of the Class have suffered economic
injury and deprivation of the benefit of free and fair competition
unless the Defendants' conduct is enjoined.
PepsiCo, Inc. is an American multinational snack, food, and
beverage manufacturer, headquartered in Purchase, New York.
Walmart Inc. is a retailer headquartered in Bentonville, Arkansas.
[BN]
The Plaintiff is represented by:
Daryl Andrews, Esq.
Glen DeValerio, Esq.
ANDREWS DEVALERIO LLP
P.O. Box 67101
Chestnut Hill, MA 02467
Telephone: (617) 999-6473
Email: daryl@andrewsdevalerio.com
glen@andrewsdevalerio.com
- and -
Robert J. Gralewski, Jr., Esq.
KIRBY McINERNEY LLP
1420 Kettner Boulevard, Suite 100
San Diego, CA 92101
Telephone: (858) 834-2044
Facsimile: (858) 255-7772
Email: bgralewski@kmllp.com
- and -
James Isacks, Esq.
KIRBY McINERNEY LLP
250 Park Avenue, Suite 820
New York, NY 10177
Telephone: (212) 371-6600
Facsimile: (212) 371-6600
Email: jisacks@kmllp.com
PHARMERICA PS: Class Cert Bid Filing in Thao Reset to March 12
--------------------------------------------------------------
In the class action lawsuit captioned as BRANDON THAO, v.
PHARMERICA PS, LLC, PHARMERICA PROFESSIONAL SERVICES LLC, et al,
Case No. 1:24-cv-00085-JLT-SKO (E.D. Cal.), the Hon. Judge Oberto
entered an order resetting case schedule as follows:
Event Date
Deadline to amend pleadings: July 31, 2026
Non-expert discovery as to class Nov. 12, 2026
certification:
Expert discovery deadline as to class Jan. 12, 2027
certification:
Deadline to file a motion for class March 12, 2027
certification:
Deadline to file an opposition to any March 26, 2027
motion for class certification:
Deadline to file an optional reply to April 5, 2027
any opposition to any motion for class
certification:
Hearing on any Motion for class April 21, 2027 at
certification: at 9:30 a.m.
PharMerica is a major institutional pharmacy provider.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GgCSUY at no extra
charge.[CC]
PHIA GROUP: Fails to Safeguard Personal Info, Benosmane Says
------------------------------------------------------------
ABDERREZAK WALID BENOSMANE, individually and on behalf of all
others similarly situated, Plaintiff v. THE PHIA GROUP, LLC,
Defendant, Case No. 1:26-cv-10547 (D. Mass., February 4, 2026) is a
class action against the Defendant for its failure to properly
secure and safeguard personally identifiable and financial
information ("PII") of Plaintiff and the Class members, including,
without limitation: name, Health Insurance Account Member Number,
Medical Diagnosis Information, Clinical Information, and Date of
Birth.
The complaint relates that in the course of its business, Defendant
is entrusted with an extensive amount of Plaintiff's and the Class
members' PII. By obtaining, collecting, using, and deriving a
benefit from Plaintiff's and Class Members' PII, Defendant assumed
non-delegable legal and equitable duties to Plaintiff and the Class
members.
In July 8, 2025, an intruder gained entry to Defendant's database,
accessed Plaintiff's and the Class members' PII, and exfiltrated
information. The Defendant did not notify Plaintiff and the Class
members of the incident until January 28, 2026.
As a direct and proximate result of Defendant's negligence,
Plaintiff and Class Members have suffered, and continue to be at
significant risk of identity theft and various other forms of
personal, social, and financial harm. They and are entitled to
compensatory, consequential, and punitive damages in an amount to
be proven at trial, says the suit.
Plaintiff Abderrezak Walid Benosmane is a citizen and resident of
Broward County, Florida.
Defendant The Phia Group, LLC provides healthcare cost containment
and compliance services.[BN]
The Plaintiff is represented by:
Jason Campbell
CHARLESTOWN LAW GROUP
529 Main Street, Suite P200
Charlestown, MA 02129
Telephone: 617-872-8652
E-mail: jasonrcampbell@ymail.com
- and -
Rachel Dapeer
DAPEER LAW, P.A.
520 S. Dixie Hwy, #240
Hallandale Beach, FL33009
Telephone: 954-799-5914
E-mail: rachel@dapeer.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard
Suite 1400
Ft. Lauderdale, FL 33301
Telephone: 954-400-4713
E-mail: mhiraldo@hiraldolaw.com
PHIA GROUP: Fails to Secure Private Information, Bryan Says
-----------------------------------------------------------
JOHN BRYAN, individually and on behalf of himself and all others
similarly situated, Plaintiff v. THE PHIA GROUP, LLC, Defendant,
Case No. 1:26-cv-10579-AK (D. Mass., February 5, 2026) is a class
action against the Defendant for its failure to properly secure and
safeguard Plaintiff's and other similarly situated individuals'
("Class Members") sensitive information, including names, dates of
birth, and Social Security numbers, and health insurance
information (collectively personally identifiable information
("PII")) and for its failure to properly secure and safeguard
Plaintiff's and Class Members' protected health information ("PHI")
including medical diagnosis information.
The complaint relates that the Plaintiff and Class Members are
individuals whose Private Information and/or the Private
Information of their family members was provided to the Defendant.
Because of this, Defendant has a duty to secure, maintain, protect,
and safeguard the Private Information that it collects and stores
against unauthorized access and disclosure through reasonable and
adequate data security measures. Despite this, the Plaintiff's and
Class Members' Private Information was compromised in a data breach
on July 9, 2024. Despite learning about the breach in July 2024,
the Defendant waited until January of 2026 to begin notifying
impacted individuals of the unauthorized access.
The Plaintiff and Class Members are now at a significantly
increased and certainly impending risk of fraud, identity theft,
intrusion of their health privacy, and similar forms of criminal
mischief, risk which may last for the rest of their lives, asserts
the complaint. Consequently, Plaintiff and Class Members must
devote substantially more time, money, and energy to protect
themselves, to the extent possible, from these crimes, says the
suit.
The Plaintiff, on behalf of himself and all others similarly
situated, alleges claims for negligence, breach of implied
contract, unjust enrichment and declaratory judgment arising from
the Data Breach. Plaintiff seeks damages and injunctive relief,
including the adoption reasonably sufficient practices to safeguard
the Private Information in Defendant's custody to prevent incidents
like the Data Breach from reoccurring in the future, and for
Defendant to provide identity theft protective services to
Plaintiff and Class Members for their lifetimes.
Plaintiff John Bryan is a resident and citizen of the State of
California. Plaintiff received a data breach notice informing him
that his Private Information was compromised during the Data
Breach.
Defendant The Phia Group, LLC is a provider of healthcare cost
containment techniques based in Massachusetts. Phia offers various
services such as empowers health benefit plans and sponsors through
innovative consulting, cost containment, and plan management
services.[BN]
The Plaintiff is represented by:
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT
ATTORNEYS AT LAW LLP
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: 212-223-6444
Facsimile: 212-223-6334
E-mail: jguglielmo@scott-scott.com
- and -
Gerald D. Wells, III, Esq.
Stephen E. Connolly, Esq.
LYNCH CARPENTER, LLP
1760 Market Street, Suite 600
Philadelphia, PA 19103
Telephone: 267-609-6910
Facsimile: 267-609-6955
E-mail: jerry@lcllp.com
PHIA GROUP: Williams Files Suit Over Data Breach
------------------------------------------------
JULIAN WILLIAMS, on behalf of himself and all others similarly
situated, Plaintiff v. THE PHIA GROUP, LLC, Defendant, Case No.
1:26-cv-10559 (D. Mass., February 4, 2026) arises out of the recent
data security incident and data breach that was perpetrated against
Defendant, which held in its possession certain personally
identifiable information ("PII") and protected health information
("PHI") of Plaintiff and Class Members.
The complaint relates that the Plaintiff and Class Members provided
their Private Information to Defendant with the reasonable
expectation and on the mutual understanding that Defendant would
comply with its obligations to keep such information confidential
and secure from unauthorized access. As a result of collecting and
storing the Private Information of Plaintiff and Class Members for
its own financial benefit, Defendant had a continuous duty to adopt
and employ reasonable measures to protect Plaintiff's and Class
Members' Private Information from disclosure to third parties.
On July 9, 2024, Defendant "discovered suspicious activity that
temporarily disrupted the operability of [its] computer network."
The Defendant then "determined that some data may have been
acquired between July 8, 2024, and July 9, 2024" by an unauthorized
actor. Phia Group has not disclosed which of its clients and
partners were impacted by the Data Breach. Defendant did not begin
notifying affected individuals until January 2026, adds the
complaint.
Against this backdrop, the Plaintiff, individually and on behalf of
a nationwide class, alleges claims of (1) Negligence, (2) Breach of
Implied Contract; and (3) Unjust Enrichment. The Plaintiff also
seeks declaratory and injunctive relief. The Plaintiff asks the
Court to compel Defendant to adopt reasonable information security
practices to secure the sensitive PII and PHI that Defendant
collects and stores in its databases and to grant such other relief
as the Court deems just and proper.
Plaintiff Julian Williams is a resident and citizen of Flowery
Branch, Georgia.
Defendant The Phia Group, LLC is the leading cost containment and
consulting firm in the health benefits industry.[BN]
The Plaintiff is represented by:
Ian J. McLoughlin, Esq.
SHAPIRO HABER & URMY LLP
One Boston Place, Suite 2600
Boston, MA 02108
Telephone: (617) 439-3939
Facsimile: (617) 439-0134
E-mail: imcloughlin@shulaw.com
- and -
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union St, Ste 200
San Francisco, CA 94123
Telephone: 415-788-4220
Facsimile: 415-788-0161
E-mail: aschubert@sjk.law
PLUG POWER: Faces Class Action Suit Over Securities Law Violations
------------------------------------------------------------------
The law firm of Kirby McInerney LLP announces that a class action
lawsuit has been filed on behalf of investors who acquired Plug
Power, Inc. ("Plug Power" or the "Company") (NASDAQ:PLUG)
securities during the period of January 17, 2025 through November
13, 2025, inclusive ("the Class Period").
If you suffered a loss on your Plug Power investments, you have
until April 3, 2026 to request lead plaintiff appointment. Courts
do not consider lead plaintiff applications submitted after this
deadline. If you choose to take no action, you may remain an absent
class member. For more information about the lawsuit, check
https://www.kmllp.com/cases-investigations/power-plug-inc :
What Is This Lawsuit About? The lawsuit alleges that (i) Plug Power
had materially overstated the likelihood that funds attributed to
the DOE Loan would ultimately become available to Plug Power,
and/or that Plug Power would ultimately construct the hydrogen
production facilities necessary to receive those funds and (ii) as
such, Plug Power was likely to pivot toward more modest projects
with less commercial upside.
On October 7, 2025, Plug Power issued a press release and filed a
current report on Form 8-K with the United States Securities and
Exchange Commission ("SEC") announcing that Defendant Andrew Marsh
would step down from his role as the Company's Chief Executive
Officer, "effective as of the date [Plug Power] files its [2025]
Annual Report", and that Sanjay Shrestha would step down from his
role as the Company's President, "effective as of October 10,
2025[.]" Plug Power concurrently announced the appointment of Chief
Revenue Officer Jose Luis Crespo to both roles. On this news, the
price of Plug Power shares declined by $0.26 per share, or
approximately 6.3%, from $4.13 per share on October 6, 2025 to
close at $3.87 on October 7, 2025.
Then, on October 8, 2025, Plug Power issued a press release
announcing it had entered into an agreement inducing the immediate
exercise of the entirety of its outstanding warrants issued in the
offering to a single institutional investor. Plug Power announced
that this agreement yielded gross proceeds of approximately $370
million. In consideration for the immediate exercise of the
offering warrants, Plug Power granted the investor new warrants to
purchase a total of 185,430,464 shares of common stock with an
exercise price of $7.75, representing a premium of approximately
100% to Plug Power's last closing stock price on October 7, 2025.
Plug Power stated that it would receive approximately $1.4 billion
in gross proceeds if the new warrants are fully exercised on a cash
basis. In contrast to the Company's earlier statements connecting
offering proceeds to capital expenditures necessary to construct
the Graham, Texas facility, Plug Power stated it intended to use
proceeds from the new warrants "for working capital and general
corporate purposes." On this news, the price of Plug Power shares
declined by $0.21 per share, or approximately 5.4%, from $3.87 per
share on October 8, 2025 to close at $3.66 on October 9, 2025.
Then, on November 10, 2025, Plug Power issued a press release
reporting its financial results for the quarter ended September 30,
2025, and filed a quarterly report on Form 10-Q with the SEC that
reported the same. That same day, Plug Power held a related
conference call to discuss those results. During the call,
Defendants announced that they expected to generate more than $275
million in liquidity after signing a nonbinding letter of intent to
monetize their electricity rights in New York and one other
location in partnership with a major U.S. data center developer,
and that "[a]s a result, we have suspended activities under the DOE
loan program, allowing us to redeploy capital." This represented a
significant pivot for Plug Power. Defendants had not previously
discussed the possibility of suspending activities under the DOE
Loan and during the Class Period, and, just eight months earlier,
had specifically advised analysts that they should "not expect
revenue from that segment [i.e., data center power generation] of
any size over the next two to three years." On this news, the price
of Plug Power shares declined by $0.09 per share, or approximately
3.4%, from $2.65 per share on November 7, 2025 to close at $2.56 on
November 10, 2025.
Then, on November 13, 2025, The Washington Examiner reported that
Plug Power "confirmed . . . . that it suspended activities" on "its
plans to construct six facilities to produce and liquefy zero or
low-carbon hydrogen, putting at risk" the $1.66 billion DOE Loan it
closed in January. On this news, the price of Plug Power shares
declined by $0.48 per share, or approximately 17.6%, from $2.73 per
share on November 12, 2025 to close at $2.25 on November 14, 2025.
The Lead Plaintiff Appointment Process. The federal securities laws
permit any investor who acquired eligible securities during the
class period to seek appointment as lead plaintiff in a class
action lawsuit. Courts typically appoint the investor(s) with the
largest financial loss in the case and the ability to represent the
class rather than investors with simply the largest investment
portfolio. Courts regularly appoint individual investors, whether
acting alone or as a group, as lead plaintiffs. The rights of any
investor who bought shares during the class period are generally
already protected. However, lead plaintiffs have the power to
influence case strategy and have a say in settlement decisions, as
well as decisions concerning allocation of settlement funds among
class members.
What Should I Do? If you purchased or otherwise acquired Plug Power
securities, have information, or would like to learn more about
this investigation, please contact Lauren Molinaro of Kirby
McInerney LLP by email at investigations@kmllp.com, or fill out the
contact form below, to discuss your rights or interests with
respect to these matters at no cost.
Kirby McInerney LLP is a New York-based plaintiffs' law firm
concentrating in securities, antitrust, whistleblower, and consumer
litigation. The firm's efforts on behalf of shareholders in
securities litigation have resulted in recoveries totaling billions
of dollars. Additional information about the firm can be found at
Kirby McInerney LLP's website.
This press release may be considered Attorney Advertising in some
jurisdictions under the applicable law and ethical rules.
Contacts
Lauren Molinaro, Esq.
Kirby McInerney LLP
(212) 699-1171
https://www.kmllp.com
https://securitiesleadplaintiff.com
investigations@kmllp.com [GN]
POLAROID AMERICA: Website Uses Tracking Technologies, Cantin Says
-----------------------------------------------------------------
VANESSA CANTIN, individually and on behalf of all others similarly
situated, Plaintiff v. POLAROID AMERICA CORPORATION, Defendant,
Case No. 3:26-cv-01110 (N.D. Cal., February 4, 2026) is a class
action against the Defendant for intentionally incorporating a host
of tracking technologies for marketing, advertising, and analytics
purposes on its website, www.polaroid.com without disclosure to its
users, including the tracking technologies provided by Third
Parties.
The complaint relates that on November 29, 2025, Plaintiff accessed
Defendant's Website -- while in California -- and purchased a
Polaroid I-2 Instant Camera, Color i-Type Film, and a premium
camera case on Defendant's Website. Despite Defendant's
representations of confidentiality, Plaintiff's communications
during this visit were intercepted and disclosed to Third Parties
through the tracking technologies, including communications that
contained Plaintiff's identity and information about her purchases.
Neither Defendant nor the Third Parties procured Plaintiff's
consent prior to these interceptions, nor was Plaintiff on notice
of the fact that such interceptions were occurring. In fact,
Plaintiff expressly rejected such tracking.
Such disclosures are a violation of Plaintiff's privacy and were
done intentionally for targeted advertising purposes, asserts the
complaint. The Plaintiff was unaware that Defendant intercepted and
disclosed her communications until just prior to filing this
lawsuit.
The complaint alleges that by using the Tracking Technologies to
record and communicate their sensitive and confidential online
communications, Defendant intentionally invaded Plaintiff's and
Class Members' privacy rights under the California Constitution.
The Plaintiff and Class Members did not authorize Defendant to
record and transmit Plaintiff's and Class Members' sensitive
confidential online communications.
Accordingly, Plaintiff and members of the California Subclass seek
all relief available for invasion of privacy claims under
California's Constitution.
Plaintiff Vanessa Cantin is a resident and citizen of Oakland,
California. Plaintiff maintained active accounts with Facebook and
TikTok. When creating her accounts, Plaintiff provided the Third
Parties with her PII, including her full name, date of birth,
phone number, and email address. Plaintiff used the same device to
access the Website that she did to access her Facebook and TikTok
accounts.
Defendant Polaroid America Corp. is a retailer of instant film
cameras and accessories. Defendant Polaroid owns and operates the
Website where consumers can browse and purchase various instant
cameras, film, and accessories.[BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave, Suite 2100
Miami, FL 33131-2800
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
E-mail: swestcot@bursor.com
POMDOCTOR LTD: Faces Securities Class Action Suit in S.D.N.Y.
-------------------------------------------------------------
Scott+Scott Attorneys at Law LLP ("Scott+Scott"), an international
securities and consumer rights litigation firm, announced that it
has filed a class action lawsuit against Defendants PomDoctor Ltd.,
Zhenyang Shi, Li Xu, Cogency Global, Joseph Stone Capital, LLC, and
Marcum Asia CPAs, LLP (collectively, the "Defendants"). The action,
which was filed in the U.S. District Court for the Southern
District of New York and captioned Louie v. PomDoctor Ltd. et al.,
Case No. 1:26-cv-01013, asserts claims under §§10(b) and 20(a) of
the Securities Exchange Act of 1934 (the "Exchange Act") on behalf
of a class consisting of all persons and entities, other than
Defendants and their affiliates, who purchased PomDoctor Securities
("POM") between October 9, 2025, and December 11, 2025, inclusive
(the "Class Period"), and who were damaged thereby. The lead
plaintiff deadline in this action is April 6, 2026.
LEAD PLAINTIFF DEADLINE ON APRIL 6, 2026
PomDoctor claims to be "a leading online medical services platform
for chronic diseases in China." Specifically, the company states
that Frost & Sullivan "ranked [them] sixth in China's internet
hospital market" having achieved this by "develop[ing] a
comprehensive platform that connects users with various healthcare
providers, delivers cost-effective and customized healthcare
solutions, and have cultivated a vibrant ecosystem around it." The
company is headquartered in China.
The complaint alleges that Defendants violated provisions of the
Securities Act by making materially false and/or misleading
statements and failed to disclose material adverse facts about the
Company's business, operations, and the true nature of the trading
activity in its securities. The complaint alleges that Defendants
were uniquely situated to orchestrate a pump-and-dump scheme on its
class A ordinary shares. After plaintiffs and class members
purchased POM, the complaint alleges that PomDoctor's stock became
the subject of an illicit social-media-based promotion scheme that
artificially inflated its price. These reports detail how
impersonators claiming to be legitimate financial advisors touted
PomDoctor in online forums, chat groups, and through social media
posts with sensational but baseless claims to create a buying
frenzy among retail investors.
LEAD PLAINTIFF DEADLINE ON APRIL 6, 2026
If you purchased PomDoctor Securities between October 9, 2025, and
December 11, 2025, inclusive, and have suffered significant losses,
realized or unrealized, you are encouraged to contact Scott+Scott
attorney Mollie Chadwick at (619) 233-4565, or via email at
mchadwick@scott-scott.com, for more information.
The lead plaintiff deadline in this action is April 6, 2026. If you
wish to serve as lead plaintiff, you must move the Court no later
than April 6, 2026. Any member of the proposed class may move the
Court to serve as lead plaintiff through counsel of their choice or
may choose to do nothing and remain a member of the proposed
class.
If you wish to discuss this action or have any questions concerning
this notice or your rights or interests, please contact plaintiffs'
counsel, Mollie Chadwick at (619) 233-4565, or via email at
mchadwick@scott-scott.com.
About Scott+Scott Attorneys at Law LLP
Scott+Scott is an international law firm known for its expertise in
representing corporate clients, institutional investors,
businesses, and individuals harmed by anticompetitive conduct or
other forms of wrongdoing, including securities law and shareholder
violations.
With 150 attorneys plus supporting staff in eight offices in the
United States as well as one office in Canada and three in Europe,
our advocacy has resulted in significant monetary settlements on
behalf of our clients, along with other forms of relief.
Our attorneys have been recognized across legal publications,
including by Lawdragon for being among the 500 Top Financial
Lawyers and the 500 Leading Global Antitrust & Competition Lawyers.
In addition, we have received top rankings by WWL: Commercial
Litigation, Legal 500 in Antitrust as well as Securities
Litigation, Chambers, and Best Lawyers. Our attorneys have been
repeatedly recognized by the American Antitrust Institute for the
successful litigation of high-stakes anticompetitive claims in the
United States.
To learn more about Scott+Scott, our attorneys, or complex case
resolution, please visit www.scott-scott.com.
Mollie Chadwick, Esq.
Scott+Scott Attorneys at Law LLP
600 W. Broadway, Suite 3300, San Diego, CA 92101
(619) 233-4565
mchadwick@scott-scott.com [GN]
PROCTER & GAMBLE: Court Narrows Claims in Kobus Suit
----------------------------------------------------
In the class action lawsuit captioned as MARIE KOBUS, et al., v.
THE PROCTER & GAMBLE COMPANY, Case No. 4:25-cv-00770-HSG (N.D.
Cal.), the Hon. Judge Haywood S. Gilliam, Jr. entered an order
granting in part and denying in part the Defendant's motion to
dismiss and dismissing all of the Plaintiffs' claims.
The case is also abated until sixty days after the date that
written notice is served, or until the Plaintiffs amend their
complaint such that it no longer asserts a cause of action under
Texas's consumer protection law.
Any amended complaint must be filed within 21 days of the date of
this order, and may not add any new claims or defendants.
The Court further sets a case management conference on Feb. 24,
2026, at 2:00 p.m.
The hearing will be held by Public Zoom Webinar.
All counsel, members of the public, and media may access the
webinar information at https://www.cand.uscourts.gov/hsg. All
attorneys and pro se litigants appearing for the case management
conference are required to join at least 15 minutes before the
hearing to check in with the courtroom deputy and test internet,
video, and audio capabilities.
The parties are further directed to file a joint case management
statement by Feb. 17, 2026.
The Plaintiffs allege that five of Defendant's products are
prominently labeled to include "retinol," a skincare ingredient
which "is widely understood by the consuming public" to "reduce the
appearance of fine lines and wrinkles, fade dark spots on skin,
prevent premature aging, and to generally maintain healthy skin."
These products allegedly cannot provide such benefits because "[b]y
design and according to the products' directions for use," each of
the products "is washed off the skin with water soon after it is
applied, preventing any meaningful interaction with the skin."
The Plaintiffs contend that the advertising "conveyed by the
product packaging and reinforced by other marketing and
advertising" is deceptive. They assert violations of state consumer
protection laws on behalf of a multistate class and unjust
enrichment on behalf of a nationwide class.
The Defendant is an American multinational consumer goods
corporation.
A copy of the Court's order dated Jan. 26, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=59G5vj at no extra
charge.[CC]
PROGRESSIVE CASUALTY: Nailing Bid for Class Certification Stricken
------------------------------------------------------------------
In the class action lawsuit captioned as Xavier Nailing, et al., v.
Progressive Casualty Insurance Company, Case No.
2:25-cv-07770-WLH-PD (C.D. Cal.), the Hon. Judge Hsu entered an
order striking Plaintiff's motions for class certification.
The Plaintiff's attempts to certify a class have no nexus to the
operative complaint and fail to comply with the Court’s Local
Rules1 governing the noticing of motions, the Court finds them
inappropriate and premature
The Defendant is an American insurance company.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lzHXNh at no extra
charge.[CC]
PSEG LONG: Court Narrows Claims in "Hinds"
------------------------------------------
In the case captioned as Andre Hinds, Plaintiff, v. PSEG Long
Island LLC, Long Island Electric Utility Servco LLC, National Grid
Electric Services LLC, Michael Abrams, and Michael Star,
Defendants, Case No. 23-CV-08701 (RER) (LGD) (E.D.N.Y.), Judge
Ramon E. Reyes, Jr. of the United States District Court for the
Eastern District of New York granted in part and denied in part the
Defendants' motions to dismiss an employment discrimination
complaint.
Plaintiff Andre Hinds, a Black man of Jamaican descent, sued two
corporate entities and two individual supervisors for years of
alleged race- and disability-based discrimination, retaliation, and
a hostile work environment in violation of 42 U.S.C. Section 1981,
Title VII of the Civil Rights Act, the Americans with Disabilities
Act, New York State Executive Law Section 296, and the
Administrative Code of the City of New York Section 8-107.
Plaintiff alleged that Defendants PSEG Long Island LLC and Long
Island Electric Utility Servco LLC jointly employed him, and that
Michael Abrams and Michael Star were his supervisors.
Plaintiff was hired in 2004 to work in the gas department in Long
Island and Queens. He alleged a series of discriminatory incidents
spanning nearly two decades, including racially derogatory comments
by a trainer in 2005, denial of a promotion to the Emergency
Service Specialist position in 2010 in favor of less qualified
white employees, a suspension upon return from medical leave in
2011, humiliating posters distributed by coworkers in 2016, threats
of discipline for wearing a George Floyd face mask in 2020 while
coworkers wore similar political masks without consequence,
assignment to work outside in sweltering heat for thirteen and a
half hours in June 2021 while white coworkers worked indoors, a
threat of demotion after disclosing hypertension to Abrams in July
2021, a noose found in a PSEG tool container in September 2021, a
second rope found in November 2021, disproportionate discipline
following a minor vehicle collision in March 2022, a parking
prohibition after a swastika was discovered on PSEG property in
October 2022, and denial of a new tool in spring 2024.
Claims Against PSEG and National Grid Dismissed
The court found that Plaintiff failed to plead facts establishing
that PSEG and Servco were a single employer or that they jointly
employed him. Plaintiff merely alleged in a conclusory manner that
Defendants jointly employed him, providing no supporting facts.
Therefore, all claims against PSEG and National Grid were dismissed
without prejudice.
NYCHRL Jurisdiction Upheld
Defendants argued the court lacked subject matter jurisdiction over
the NYCHRL claims because the alleged discrimination did not impact
New York City. The court disagreed, finding that Plaintiff's
allegation of working two to three days each week in Queens
sufficiently demonstrated that the discrimination had, or at least
could have had, an impact in New York City. The court further held
that it retained supplemental jurisdiction over the NYCHRL claims.
Discrimination Claims
Plaintiff voluntarily withdrew his ADA disability discrimination
claim, and that cause of action was therefore dismissed. Under
Title VII and Section 1981, the court found that Plaintiff
adequately pled discrimination based on the post-collision training
and truck access restrictions, as he sufficiently alleged that
similarly situated white coworkers faced less harsh punishments for
more serious at-fault collisions. The court also found that being
assigned to work outside in sweltering heat for over thirteen hours
while white coworkers worked inside, and the September 2021 noose
incident, constituted adverse actions with discriminatory intent.
These claims survived as to Servco and Abrams. The surviving
Section 1981 discrimination claims were dismissed as to Star, as
those incidents did not involve him. Under NYSHRL and NYCHRL, the
same three incidents survived dismissal as to Servco and Abrams.
Retaliation Claims
The court dismissed all federal retaliation claims, finding that
Plaintiff failed to allege a protected activity preceding each
adverse action. The court noted that Plaintiff's allegation that
Abrams threatened to demote him and imposed a six-week driving
suspension after Plaintiff disclosed his hypertension would have
constituted a valid ADA retaliation claim, but was untimely. Under
NYSHRL and NYCHRL, however, the court found that Plaintiff's
disclosure of hypertension to Abrams constituted a protected
activity, and that Abrams' subsequent threat of demotion and
six-week driving suspension survived dismissal as to Servco and
Abrams.
Hostile Work Environment Claims
The court found that Plaintiff adequately pled a hostile work
environment under Section 1981, anchored in the post-collision
restrictions, the heat assignment, and the noose incident, finding
these sufficiently part of the same overall discriminatory
practice. The ADA hostile work environment claim was dismissed for
failure to allege a disability-motivated incident. Under NYSHRL and
NYCHRL, the court applied the continuing violation doctrine to
revive several untimely disability-based incidents, including
Abrams' ridiculing of Plaintiff's shoulder injury in 2010, Star's
humiliating comment calling Plaintiff a wounded animal in 2010,
locker taunting in 2011, the 2011 suspension following medical
leave, and the 2016 humiliating flyers mocking Plaintiff's approved
medical absences.
Aiding and Abetting Claims
The court found that both Abrams and Star were plausibly
responsible for aiding and abetting the discrimination,
retaliation, and hostile work environment targeted at Plaintiff.
Accordingly, aiding and abetting claims survived dismissal as to
both individual defendants.
Conclusion
The court granted in part and denied in part the Defendants'
motions to dismiss. Discrimination, hostile work environment,
retaliation under NYSHRL and NYCHRL, and aiding and abetting claims
proceeded as to Servco, Abrams, and, where applicable, Star. All
claims against PSEG Long Island and National Grid were dismissed
without prejudice.
A copy of the Court's decision dated February 2, 2026 is available
at https://urlcurt.com/u?l=3fOTwU from PacerMonitor.com.
Defendants Michael Abrams, Jason Deasey, Craig Hanson, Rob Jenson,
Robert Jeung, Jamie Shand, and Michael Star are represented by
Joseph Gusmano (631-247-4741;
[jgusmano@littler.com](mailto:jgusmano@littler.com)), William H. Ng
(631-247-4707; [wng@littler.com](mailto:wng@littler.com)), and
Kelly Courtney Spina (631-247-4744;
[kspina@littler.com](mailto:kspina@littler.com)) of Littler
Mendelson.
Defendant Long Island Electric Utility Servco LLC, located at 80
Park Plaza, Newark, New Jersey 07102, is represented by Maria H.
Keane ([mkeane@paulweiss.com](mailto:mkeane@paulweiss.com)), Isen
Kang (212-373-3000;
[ikang@paulweiss.com](mailto:ikang@paulweiss.com)), and Liza M.
Velazquez (212-373-3000;
[lvelazquez@paulweiss.com](mailto:lvelazquez@paulweiss.com)) of
Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Defendant PSEG Long Island LLC, located at 333 Earle Ovington
Boulevard, Uniondale, New York 11553, is likewise represented by
Maria H. Keane, Isen Kang, and Liza M. Velazquez of Paul, Weiss,
Rifkind, Wharton & Garrison LLP.
Defendant National Grid Electric Services LLC, located at 1
Metrotech Center, 15th Floor West, Brooklyn, New York 11201, is
listed as a defendant; counsel information is not provided in the
record excerpt.
Plaintiff Andre Hinds is represented by Tracey Lyn Brown
(212-553-9165;
[tbrown@cochranfirm.com](mailto:tbrown@cochranfirm.com)) of The
Cochran Firm.
RANCHO MATEO: Website Inaccessible to Blind Users, Orcel Alleges
----------------------------------------------------------------
KEVIN ORCEL, on behalf of himself and all others similarly
situated, Plaintiffs v. RANCHO MATEO STEAK HOUSE CORP., Defendant,
Case No. 2:26-cv-01064 (D.N.J., February 3, 2026) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its website, www.ranchomateo.com to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people, in violation of Plaintiff's rights
under the Americans with Disabilities Act.
The complaint relates that on September 11, 2025, Plaintiff visited
Defendant's website to learn more about the restaurant's menu and
to place an online order. Despite his efforts, however, Plaintiff
was denied an experience similar to that of a sighted individual
due to the website's lack of a variety of features and
accommodations, which effectively barred Plaintiff from having an
unimpeded browsing experience.
The Website contains access barriers that prevent free and full use
by the Plaintiff using keyboards and screen reading software. These
barriers include but are not limited to: missing alt-text, hidden
elements on web pages, incorrectly formatted lists, unannounced pop
ups, unclear labels for interactive elements, and the requirement
that some events be performed solely with a mouse, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Plaintiff KEVIN ORCEL is a visually-impaired and legally blind
person who requires screen-reading software to read website content
using the computer.
Defendant RANCHO MATEO STEAK HOUSE CORP. owns and operates the
website which presents ranchomateo.com as the online platform for
its Mexican-style restaurant that features traditional dishes such
as tacos, enchiladas, fajitas, and burritos, along with combination
platters and beverages.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500 ext. 101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
RATHER OUTDOORS: Website Inaccessible to the Blind, Bennett Says
----------------------------------------------------------------
LIVINGSTON BENNETT, on behalf of himself and all others similarly
situated, Plaintiff v. Rather Outdoors Corporation, Defendant, Case
No. 1:26-cv-01283 (N.D. Ill., February 4, 2026) arises from the
Defendant's failure to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired individuals.
The Defendant's website, https://www.zebco.com, contains access
barriers that prevent free and full use by Plaintiff and
visually-impaired individuals using keyboards and screen-reading
software. Accordingly, the Plaintiff seeks redress for Defendant's
discriminatory conduct and asserts claims for violations of the
Americans with Disabilities Act.
Headquartered in St. Petersburg, FL, Rather Outdoors Corporation
owns and operates the website which offers fishing equipment and
related accessories for sale. [BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
(718) 554-0237
E-mail: Dreyes@ealg.law
RUSSELL HOLT: Ramirez's Petition for Writ of Habeas Corpus Tossed
-----------------------------------------------------------------
In the class action lawsuit captioned as RICARDO PEREZ RAMIREZ, v.
RUSSELL HOLT, et al., Case No. 2:25-cv-00156-SCM (E.D. Ky.), the
Hon. Judge Meredith entered an order denying Petitioner Perez
Ramirez's Petition for a Writ of Habeas Corpus, as follows:
District Courts within this Circuit—and all over the nation—are
wrestling with issues like those the Petitioner has raised. Indeed,
another case in this District arrived at a different outcome after
thorough analysis of a similar petition.
While this Court appreciates the thoughtful and thorough analyses
of the courts that have reached the opposite conclusion, it agrees
with those that have been convinced that section 1225(b)(2)(A)
compels mandatory detention for those noncitizens who are in the
Petitioner's position.
Ricardo Perez Ramirez is a noncitizen who has been detained without
bond by the Department of Homeland Security while he is undergoing
removal proceedings. He has filed a petition for a writ of habeas
corpus on the ground that it is unlawful for DHS to detain him
without a bond hearing.
But he is not entitled to a bond hearing. To the contrary, the
applicable statutory language provides that he "shall be detained"
during removal proceedings. Accordingly, his habeas petition is
denied.
The Petitioner contends that his detention violates his right to
due process under the Fifth Amendment to the United States
Constitution. It is true that aliens like the Petitioner have due
process rights even though they are present in the country without
ever having been admitted.
However, their right to due process goes no further than the
process Congress has chosen to give them. Here, the Petitioner is
receiving that process. Thus, he has no valid claim under the Fifth
Amendment.
A copy of the Court's memorandum opinion and order dated Jan. 28,
2026, is available from PacerMonitor.com at
https://urlcurt.com/u?l=5vwYVj at no extra charge.[CC]
RXVANTAGE INC: Standing Order Entered in Villageliu Class Suit
--------------------------------------------------------------
In the class action lawsuit captioned as ALEJANDRO VILLAGELIU, v.
RXVANTAGE, INC., et al., Case No. 2:26-cv-00360-PA-BFM (C.D. Cal.),
the Hon. Judge Anderson entered a standing order:
The Plaintiff shall promptly serve the Complaint in accordance with
Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local
Rule 28 5-3.1 within 10 days of service of the summons and
complaint.
Lead trial counsel shall attend all proceedings before this Court,
including all status and settlement conferences.
All discovery matters have been referred to a United States
Magistrate Judge, who will hear all discovery disputes.
Pursuant to Local Rule 5-4, the United States District Court for
the Central District of California requires electronic filing of
documents. Information about the Court's Electronic Case Filing
system is available in Local Rule 5-4 and on the Court's website at
www.cacd.uscourts.gov/cmecf.
Notwithstanding any contrary provision in the Local Rules, and
unless otherwise ordered by the Court, Judge Anderson does not
require parties to provide Mandatory Chambers Copies of documents
filed through the Court's CM/ECF System.
Rxvantage develops digital platform.
A copy of the Court's order dated Jan. 28, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7SQqo9 at no extra
charge.[CC]
SHIMANO INC: Crankset Class Settlement Gets Final Court Approval
----------------------------------------------------------------
Escape Collective reports that a US federal judge has given final
approval to the class-action settlement case over Shimano's
Hollowtech II road crank recall, finalising the preliminary deal
presented in July 2025.
The deal covers US owners of recalled Shimano Dura-Ace and Ultegra
11-speed cranksets made before July 2019. It adds a two-year
extension of Shimano's "express warranty" for the bonding
separation and delamination, covering any issues until 29 July
2027. It will also reimburse riders who have paid for replacement
cranks out of their own pocket, and update the inspection
programme. Shops must now use an expert-reviewed manual, complete
training and inspect the cranks with a Shimano-provided,
light-equipped magnifier.
Shimano has opened a claims process for US riders affected by the
recall, allowing reimbursement and warranty submissions through
this website.
The recall, which opened in 2023. covered some 760,000 cranksets in
the US. Shimano has repeatedly denied any wrondoing regarding the
handling of the issue, and said that the recall was voluntary, and
that most cranksets work properly. [GN]
SOUNDCLOUD INC: Fails to Safeguard Private Info, Class Suit Says
----------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that SoundCloud faces a
proposed class action lawsuit that claims the music streaming
platform failed safeguard the private information of users and
employees, leading to a data breach that reportedly impacted more
than 29.8 million accounts.
The 34-page data breach lawsuit contends that the cyber incident
discovered by SoundCloud in December 2025 was the "direct and
proximate result" of the music platform's negligent failure to
implement and follow basic cybersecurity procedures.
According to the suit, the SoundCloud data breach exposed a wealth
of personally identifiable information (PII) to the hacker group
behind the cyberattack, known as ShinyHunters. The exposed
information included names, email addresses, contact details,
geographic locations, profile statistics and login details, the
filing says.
The case argues that consumers and employees who handed over their
personal information to access SoundCloud's services expected that
the data would be protected and disclosed only in authorized,
necessary circumstances. The lawsuit says that SoundCloud
recklessly failed to implement standard cybersecurity measures and,
in doing so, ultimately enabled unauthorized parties to access the
data.
"Based on the value of Plaintiff's and Class Members' PII to
cybercriminals, SoundCloud knew or should have known the importance
of safeguarding the PII entrusted to it and of the foreseeable
consequences if its data security systems were breached," the case
states.
According to the complaint, Soundcloud's lack of data security
protections constitutes a violation of the Federal Trade Commission
Act as the company allegedly engaged in "unfair or deceptive acts
or practices" in its failure to comply with industry-standard
security measures, including failing to timely report the breach.
The plaintiff, a California resident, claims to have suffered
actual injury as a result of the SoundCloud data breach, including
lost time engaging in mitigation efforts, the now-diminished value
of his privacy, and fear that the information might be used for
nefarious purposes or posted on the dark web.
"Once Private Information is stolen, fraudulent use of that
information and damage to victims may continue for years," the case
emphasizes.
On December 15, 2025, SoundCloud posted a statement to its newsroom
in which it confirmed the breach but assured that no sensitive
data, like financial or password information, was compromised,
stating that the compromised data included only information already
publicly visible on about 20 percent of the platform's accounts.
The company added to the post on January 13, reaffirming that no
sensitive data was taken and that the company would be taking steps
to reinforce its cybersecurity defenses.
The SoundCloud data breach class action lawsuit looks to represent
all individuals in the United States whose personal information was
compromised in the SoundCloud data breach. [GN]
SOUNDCLOUD INC: Merkel Files Suit Over Data Breach
--------------------------------------------------
ALEXANDER MERKEL, individually and on behalf of all others
similarly situated, Plaintiff v. SOUNDCLOUD INC., Defendant, Case
No. 1:26-cv-00980 (S.D.N.Y., February 4, 2026) is a class action
against the Defendant for its failure to properly secure and
safeguard Plaintiff's and other similarly situated individuals
("Class Members") personally identifying information, including
names, email addresses, geographic locations, profile statistics
and usernames.
The complaint relates that the Plaintiff and Class Members are
individuals who were required to indirectly and/or directly provide
Defendant with their Private Information. By collecting, storing,
and maintaining Plaintiff's and Class Members' Private Information,
SoundCloud has a resulting duty to secure, maintain, protect, and
safeguard the Private Information that it collects and stores
against unauthorized access and disclosure through reasonable and
adequate data security measures. Despite this, Plaintiff's and
Class Members' Private Information was compromised when a hacker
using the online moniker 'ShinyHunters' stole information from more
than 29.8 million accounts. The Defendant does not appear to have
provided any response nor any notice regarding the Data Breach.
The Plaintiff and Class Members are now at a significantly
increased and certainly impending risk of fraud, identity theft,
intrusion of their privacy, and similar forms of criminal mischief,
risks which may last for the rest of their lives since it appears
their information was specifically targeted. Consequently,
Plaintiff and Class Members must devote substantially more time,
money, and energy to protect themselves, to the extent possible,
from these crimes, says the suit.
For this reason, the Plaintiff, on behalf of himself and all others
similarly situated, alleges claims for negligence, breach of
implied contract, unjust enrichment and declaratory judgment
arising from the Data Breach. Plaintiff seeks damages and
injunctive relief, including the adoption reasonably sufficient
practices to safeguard the Private Information in Defendant's
custody to prevent incidents like the Data Breach from reoccurring
in the future, and for Defendant to provide identity theft
protective services to Plaintiff and Class Members for their
lifetimes.
Plaintiff Alexander Merkel is an adult who was a resident and
citizen of the state of California.
Defendant SoundCloud Inc. is a music streaming and sharing platform
that empowers artists and fans to connect and share through music
globally.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Telephone: 412-322-9243
E-mail: gary@lcllp.com
- and -
Gerald D. Wells, III, Esq.
Robert J. Gray, Esq.
1760 Market Street, Suite 600
Philadelphia, PA 19103
Telephone: 267-609-6910
E-mail: jerry@lcllp.com
rob@lcllp.com
SPRING MANAGEMENT: Fails to Secure Clients' Info, Salinas Claims
----------------------------------------------------------------
CARLOS SALINAS, individually and on behalf of all others similarly
situated, Plaintiff v. SPRING MANAGEMENT OK, LLC, D/B/A LUMIO
DENTAL F/K/A SPRING DENTAL, Defendant, Case No. 4:26-cv-00066-SH
(N.D. Okla., February 9, 2026) is a class action against the
Defendant for negligence, negligence per se, breach of implied
contract, unjust enrichment, and declaratory and injunctive
relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
individuals stored within its network systems following a data
breach. The Defendant also failed to timely notify the Plaintiff
and similarly situated individuals about the data breach.
As a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Spring Management OK, LLC, doing business as Lumio Dental, formerly
known as Spring Dental, is a dental care services company,
headquartered in Jenks, Oklahoma. [BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
Email: wbf@federmanlaw.com
jaw@federmanlaw.com
STOCKX LLC: Faces Dalton Suit Over Blind-Inaccessible Website
-------------------------------------------------------------
JULIE DALTON, individually and on behalf of all others similarly
situated, Plaintiff v. STOCKX LLC, Defendant, Case No.
0:26-cv-01257-NEB-DJF (D. Minn., February 9, 2026) is a class
action against the Defendant for violations of Title III of the
Americans with Disabilities Act and the Minnesota Human Rights
Act.
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, www.stockx.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.
StockX LLC is a company that sells online goods and services in
Minnesota. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
TAPESTRY INC: Bid for Partial Summary Judgment vs Ayala Partly OK'd
-------------------------------------------------------------------
In the class action lawsuit captioned as CARLOS AYALA, v. TAPESTRY,
INC., et al., Case No. 3:24-cv-01052-BAS-BJW (S.D. Cal.), the Hon.
Judge Cynthia Bashant entered an order granting the Defendants'
motion for partial summary judgment.
The Court grants summary judgment in Defendants' favor on their
affirmative defense of executive exemption under Cal. Code Regs.,
tit. 8, section 11070.
The claim for reimbursement of business expenses, which the
Defendants did not move on, shall proceed to trial.
Finally, the Court grants summary judgment in the Defendants Kate
Spade, LLC and Stuart Weitzman IP, LLC's favor as to all claims
against these Defendants.
In conclusion, finding all six elements satisfied, the Court grants
the partial motion for summary judgment in Defendants' favor,
having shown entitlement to judgment as a matter of law on their
affirmative defense.
The Plaintiff started work for the fashion brand Coach as an
"associate store manager" in October 2015. In December 2019, he was
promoted to "store manager."
Tapestry is an American holding company.
A copy of the Court's order dated Jan. 26, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9LrFLu at no extra
charge.[CC]
TEN FORWARD: Tucker Sues Over Blind's Equal Access to Online Store
------------------------------------------------------------------
HENRY TUCKER, individually and on behalf of all others similarly
situated, Plaintiff v. TEN FORWARD LLC, Defendant, Case No.
1:26-cv-01108 (S.D.N.Y., February 9, 2026) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the New York State General Business
Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://drohhiraprobiotics.com/, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of
their online goods, content, and services offered to the public
through the website. The accessibility issues on the website
include but not limited to: lack of alternative text (alt-text),
empty links that contain no text, redundant links, and linked
images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Ten Forward LLC is a company that sells online goods and services
in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
TRANSDEV SERVICES: Classes in Lovejoy Lawsuit Decertified
---------------------------------------------------------
In the class action lawsuit captioned as CHERISHA LOVEJOY, an
individual, on behalf of herself and all others similarly situated,
v. TRANSDEV SERVICES, INC., et al., Case No. 3:23-cv-00380-AJB-MMP
(S.D. Cal.), the Hon. Judge Battaglia entered an order decertifying
classes, granting the Defendant's motion to stay, denying
plaintiff’s motion for approval of notice, and staying action.
1. The instant action is decertified for all classes and the
Order to Show Cause is discharged.
2. The Plaintiff's motion for approval of the class action
notice and notice plan is denied as moot.
3. The Defendant's motion to stay the instant action is granted.
4. The instant action is stayed, pending resolution Reese v.
Veolia Transp., No. 21STCV29413 (Cal. Super. Ct.).
5. No later than April 27, 2026, and every 60 days thereafter,
the parties must file a joint status report addressing the
progress of the settlement approval process in Reese v.
Veolia Transp., No. 21STCV29413 (Cal. Super. Ct.).
Accordingly, the Court grants each request by the parties pursuant
to Rule 201(c)(2) of the Federal Rules of Evidence and takes
judicial notice of the identified state court records and the
public record filed with California Secretary of State.
On Feb. 27, 2023, the Plaintiff filed the instant class action,
alleging that the Defendant violated California's wage and hour
laws by paying Plaintiff and all other similarly situated Bus
Driver/Operator employees for idealized "'paddle' estimates" of
hours to be worked, rather than actual hours worked.
The proposed class is defined as:
"All current and former hourly-paid or non-exempt employees
who worked for any of the Defendants within the State of
California at any time during the period from Aug. 10, 2017
to final judgment and who reside in California."
(Subclass A)
"All class members who were required by Defendants to stay on
the Defendants' premises for rest breaks."
(Subclass B)
"All class members who received overtime compensation at a
rate lower than their respective regular rate of pay because
the Defendants failed to include all non-discretionary
bonuses or other incentive-based compensation in the
calculation of the regular rate of pay for overtime pay
purposes."
The proposed class is defined as:
"All persons who have been employed by the Defendant as
Non-Exempt Employees or equivalent positions, however titled,
in the state of California within four (4) years from the
filing of the Complaint in this action until its resolution.
(collectively referred to as the "Class" or "Plaintiff's
Class" or "Class Members")."
Transdev provides passenger transportation services.
A copy of the Court's order dated Jan. 27, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JNlFaC at no extra
charge.[CC]
TRI COUNTY TELEPHONE: Loses Bid to Recoup Class Suit Legal Bills
----------------------------------------------------------------
CJ Baker of Powell Tribune reports that though local
telecommunications provider TCT defeated a long-running class
action lawsuit in 2023, the victory apparently came at a high
cost.
TCT, or Tri County Telephone Association Inc., said in court
filings that it spent over $4 million defending the suit, and the
company's attempt to recoup that money recently came up short. Last
month, a federal judge ruled that TCT's insurer doesn't have to
cover any of the expenses related to the decade-old lawsuit.
The litigation stemmed from TCT's switch from a member-owned
cooperative to a private, for-profit company in early 2015. Coop
members around the Big Horn Basin overwhelmingly approved a sale to
Meeteetse businessman Neil Sclenker, but former TCT board member
Joe Campbell, who'd opposed the deal, joined with his wife and
filed a 119-page class action lawsuit later that year. The
Campbells contended that TCT's members had effectively been the
victims of a broad conspiracy that resulted in them selling the
coop for far less than it was really worth.
The suit was eventually dismissed in 2022, when District Court
Judge Jason Conder found that the plaintiffs didn't have the
evidence to back up their allegations against TCT. The Wyoming
Supreme Court affirmed Conder's ruling in 2023 and the eight-plus
years of litigation finally came to an end in early 2024.
The class representatives -- the estate of Joe Campbell, who died
in 2020, his wife Barbara Campbell, and former coop board member
Bill Loveland -- were ordered to pay about $42,600 worth of TCT's
costs. However, that was just a fraction of TCT's legal bills. In
later court filings, TCT indicated that it had spent "in excess of
$4 million" defending the class action -- a sum the company called
"substantial" but "necessary to the defense (and livelihood) of
TCT."
Court records indicate a significant chunk of the defense was
funded by a $4 million pot of money that had been set aside during
the sale for "any undisclosed liabilities," but TCT believed its
then-insurer should have covered the legal bills.
In a 2024 suit filed in Wyoming's U.S. District Court, TCT argued
that Twin City Fire Insurance Company was obligated to defend the
company from the suit and was wrong to deny coverage.
However, Twin City's policy contained a clause that generally
excluded "insured versus insured" claims -- such as suits brought
by former company managers like Joe Campbell. After combing through
the fine print and the arguments of the parties, U.S. Chief
District Judge Kelly Rankin ultimately concluded that Twin City was
not obligated to defend TCT from the class action. The judge issued
a judgment in the insurer's favor and against TCT on Jan. 12.
As for the plaintiffs in the class action, court records indicate
they also incurred substantial costs. By late 2021, the plaintiffs'
attorneys reported that they'd spent over $400,000 on costs -- a
figure that didn't include the many hours put in by their attorneys
or costs from the final years of the litigation.
The plaintiffs did recoup $100,000 from a 2021 settlement they
secured from TCT's former legal counsel, which was one of the
defendants in the class action. The remainder of that $200,000
settlement -- roughly $94,000 -- was distributed to 720 former
members of the TCT coop.
Coop members collectively received $29 million from the 2015 sale.
[GN]
ULTRAGENYX PHARMACEUTICAL: Faces Securities Class Action Lawsuit
----------------------------------------------------------------
National plaintiffs' law firm Berger Montague PC announces that a
class action lawsuit has been filed against Ultragenyx
Pharmaceutical Inc. (NASDAQ: RARE) ("Ultragenyx" or the "Company")
on behalf of investors who purchased Ultragenyx common stock during
the period from August 3, 2023 through December 26, 2025 (the
"Class Period").
Investor Deadline: Investors who purchased Ultragenyx common stock
during the Class Period may, no later than April 6, 2026, seek to
be appointed as a lead plaintiff representative of the class. To
learn your rights, check
https://bergermontague.com/cases/ultragenyx-pharmaceutical-securities-fraud/
.
Ultragenyx is a biopharmaceutical company that acquires and
develops novel products for treatment of rare genetic diseases. It
is headquartered in Novato, Calif.
According to the lawsuit, throughout the Class Period, defendants
issued overwhelmingly positive statements to investors concerning
the ORBIT and COSMIC Phase 3 programs, clinical trials to test
setrusumab as a treatment for Osteogenesis Imperfecta.
When, on December 29, 2025, Ultragenyx disclosed that neither study
achieved its primary endpoint of reducing the annualized clinical
fracture rate, the price of its shares dropped more than 42%, from
a closing price of $34.19 per share on December 26, 2025 to a close
of $19.72 per share on December 29, 2025.
If you are a Ultragenyx investor and would like to learn more about
this action, check
https://bergermontague.com/cases/ultragenyx-pharmaceutical-securities-fraud/
or please contact Berger Montague: Andrew Abramowitz at
aabramowitz@bergermontague.com or (215) 875-3015, or Caitlin Adorni
at cadorni@bergermontague.com or (267)764-4865.
About Berger Montague
Berger Montague is one of the nation's preeminent law firms
focusing on complex civil litigation, class actions, and mass torts
in federal and state courts throughout the United States. With more
than $2.4 billion in 2025 post-trial judgments alone, the Firm is a
leader in the fields of complex litigation, antitrust, consumer
protection, defective products, environmental law, employment law,
securities, and whistleblower cases, among many other practice
areas. For over 55 years, Berger Montague has played leading roles
in precedent-setting cases and has recovered over $50 billion for
its clients and the classes they have represented. Berger Montague
is headquartered in Philadelphia and has offices in Chicago;
Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto,
Canada; Washington, D.C., and Wilmington, DE.
For more information or to discuss your rights, please contact:
Andrew Abramowitz
Berger Montague
(215) 875-3015
aabramowitz@bergermontague.com
Caitlin Adorni
Berger Montague
(267) 764-4865
cadorni@bergermontague.com [GN]
UNITED NETWORK: Class Cert Bid Filing Due July 17
-------------------------------------------------
In the class action lawsuit captioned as LISA WHITE, individually
and on behalf of all others similarly situated, v. THE UNITED
NETWORK FOR ORGAN SHARING, Case No. 3:24-cv-00629-RCY (E.D. Va.),
the Hon. Judge Roderick C. Young entered an order that:
-- All non-expert-related discovery, including the required time
period for response to any discovery demand(s), must be
concluded not later than April 17, 2026, except by order of
the Court.
-- All expert discovery in this matter, including expert
depositions, shall be completed on or before June 5, 2026.
-- The Plaintiffs shall file any class motions under Rule 23 on
or before July 17, 2026. The Defendant shall file its
opposition to the Plaintiffs' certification motion on or
before Aug. 7, 2026. The Plaintiffs shall file their reply in
support of their certification motion on or before Aug. 14,
2026.
-- The parties shall appear for a hearing on the certification
motion before the undersigned on Oct. 29, 2026, at 9:30 A.M.
-- All dispositive motions shall be filed not later than Aug. 28,
2026.
The Defendant is a private, nonprofit membership organization that
coordinates the nation's transplant system.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=w63Spn at no extra
charge.[CC]
UNITED STATES: Appeals Renewed Motion for Stay Order to D.C. Cir.
-----------------------------------------------------------------
DONALD J. TRUMP, et al. are taking an appeal from a court order
denying their motion to dismiss and granting the Plaintiffs'
renewed motion for a stay in the lawsuit entitled Fritz Emmanuel
Lesly Miot, et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. Donald J. Trump, et al.,
Defendants, Case No. 1:25-cv-2471, in the U.S. District Court for
the District of Columbia Circuit.
The lawsuit is brought against the Defendants for alleged
violations of the Administrative Procedure Act.
On Dec. 5, 2025, the Plaintiffs filed an amended complaint, which
the Defendants moved to dismiss on Dec. 12, 2025.
On Dec. 12, 2025, the Plaintiffs filed a renewed motion for a
stay.
On Feb. 2, 2026, Judge Ana C. Reyes entered an Order denying the
Defendants' motion to dismiss without prejudice and granting the
Plaintiffs' renewed motion for a stay.
The Court rules that maintaining Haiti's Temporary Protected Status
(TPS) designation pending resolution of this case will prevent harm
to the Plaintiffs and their families, employers, and communities.
By contrast, the Government identifies no harm that would result
from continued TPS during the pendency of this litigation.
The appellate case is styled as Fritz Emmanuel Lesly Miot, et al.
v. Donald J. Trump, et al., Case No. 26-5050, in the United States
Court of Appeals for the District of Columbia Circuit, filed on
February 6, 2026. [BN]
Defendants-Appellants DONALD J. TRUMP, et al. are represented by:
Brett A. Shumate, Esq.
Yaakov M. Roth, Esq.
Drew C. Ensign, Esq.
Sarah Welch, Esq.
Jeanine Ferris Pirro, Esq.
Johnny H. Walker, III, Esq.
Dhruman Y. Sampat, Esq.
601 D Street NW
Washington, DC 20530
Telephone: (202) 252-2525
UNITED STATES: Bid for Class Cert in Urbani Suit Due Sept. 15
-------------------------------------------------------------
In the class action lawsuit captioned as Urbani, et al., v. United
States of America, Case No. 3:23-cv-01920 (D. Or., Filed: Dec 19,
2023), the Hon. Judge Adrienne Nelson entered a scheduling order as
follows:
Initial Disclosures pursuant to FRCP 26(a)(1) must be made by Feb.
16, 2026.
The deadline to confer and file a Joint ADR Report is August 14,
2026.
The Plaintiffs' motion for class certification is due September 15,
2026.
The Defendants' response in opposition to class certification is
due Oct. 15, 2026.
The Plaintiffs' reply in support of class certification is due Nov.
12, 2026.
The deadline to complete fact discovery is Dec. 31, 2026.
The deadline for all parties to serve initial expert disclosures is
March 1, 2027.
The deadline for all parties to serve rebuttal expert disclosures
is March 30, 2027.
The deadline to complete expert discovery is April 30, 2027.
The deadline to file dispositive motions is May 14, 2027.
The nature of suit states Civil Rights.
U.S. is a country of 50 states covering a vast swath of North
America, with Alaska in the northwest and Hawaii.[CC]
UNIVERSITY OF PHOENIX: Theus Sues Over Alleged Private Data Breach
------------------------------------------------------------------
CHAKA THEUS, individually and on behalf of all others similarly
situated, Plaintiff v. UNIVERSITY OF PHOENIX, INC., Defendant, Case
No. 2:26-cv-01151 (C.D. Cal., February 4, 2026) arises from the
negligent failure of Defendant to properly create, maintain,
preserve, and/or store confidential, personal information of
Plaintiff and all other persons similarly situated.
The Defendant allegedly allowed such unencrypted personal
information on the University's Oracle E-Business Suite
environment, to be exfilrated or taken by an unauthorized
third-party, between August 13 and August 22, 2025. Accordingly,
the Plaintiff seeks redress for Defendant's unlawful conduct and
asserts claims for negligence, breach of implied contract, and for
violations of of the California Consumer Privacy Act and the
California Business and Professions Code.
Based in Phoenix, AZ, University of Phoenix, Inc. offers online
college degrees and courses. [BN]
The Plaintiff is represented by:
Timothy D. Cohelan, Esq.
Isam C. Khoury, Esq.
Rosemary C. Khoury, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Telephone: (619) 595-3001
Facsimile: (619) 595-3000
E-mail: tcohelan@ckslaw.com
ikhoury@ckslaw.com
rkhoury@ckslaw.com
- and -
Patrick N. Keegan, Esq.
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Telephone: (760) 929-9303
Facsimile: (760) 929-9260
E-mail: pkeegan@keeganbaker.com
VA CLAIMS INSIDER: Warriors Suit Seeks to Certify Rule 23 Class
---------------------------------------------------------------
In the class action lawsuit captioned as WARRIORS AND FAMILY
ASSISTANCE CENTER LLC, TONYA PRICE, MANRING & FARRELL ATTORNEYS AT
LAW, AND CLIFFORD FARRELL, individually and on behalf of all others
similarly situated, v. VA CLAIMS INSIDER, LLC, BRIAN T. REESE, and
LAUREL REESE f/k/a LAUREL DANIELSON, Case No. 1:23-cv-01473-ADA
(W.D. Tex.), the Plaintiffs ask the Court to enter an order
certifying the proposed Class pursuant to Federal Rule of Civil
Procedure 23(a) and 23(b)(3), and appointing the Plaintiffs as
Class Representatives and their counsel as Class Counsel.
In short, a class action is the most efficient, fair, and practical
method for adjudicating Plaintiffs' claims. Rule 23(b)(3)'s
superiority requirement is therefore satisfied.
The Plaintiffs seek to certify their false advertising claim under
the Lanham Act (Count I -- Violation of the Lanham Act's
Prohibition of False Advertising 15 U.S.C. section 1125(a)(1)(B))
on behalf of the following Class:
"All persons who were VA-Accredited Representatives between
Dec. 4, 2020, and the day the Court enters an order approving
the Class notice plan."
VA Claims is an education-based Coaching and Consulting company for
disabled veterans.
A copy of the Plaintiffs' motion dated Feb. 2, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FZdRyo at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian W. Warwick, Esq.
Christopher J. Brochu, Esq.
Janet R. Varnell, Esq.
Pamela G. Levinson, Esq.
VARNELL & WARWICK P.A.
400 N Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
E-mail: bwarwick@vandwlaw.com
cbrochu@vandwlaw.com
jvarnell@vandwlaw.com
plevinson@vandwlaw.com
ckoerner@vandwlaw.com
service@vandwlaw.com
- and -
William H. Anderson, Esq.
HANDLEY FARAH & ANDERSON PLLC
1434 Spruce Street, Suite 301
Boulder, CO 80302
Telephone: (303) 800-9109
E-mail: wanderson@hfajustice.com
VISTA HM: Scroggins Seeks OK of Amended Bid for Conditional Cert
----------------------------------------------------------------
In the class action lawsuit captioned as NICOLE SCROGGINS,
individually and on behalf of all others similarly situated, v.
VISTA HM, LLC, Case No. 1:25-cv-03492-CNS-SBP (D. Colo.), the
Plaintiff asks the Court to enter an order granting the amended
motion for conditional certification and court authorized notice.
Accordingly, because Plaintiffs easily satisfy the lenient standard
applicable at this first-stage of the two-step conditional
certification process, the Court should – as it and others in
this District have done repeatedly (including with less evidence
than here) – grant conditional certification of the following
collective:
"All current and former Auto Brokers who worked for HM Vista
LLC and its predecessors in Colorado at any time on or after
Nov. 3, 2022, to the present, and who were classified as
exempt from minimum wage (the "Auto Broker Collective")."
The Plaintiffs alleged that the Defendant failed to pay them and
all other similarly-situated Auto Brokers minimum wage in
accordance with the FLSA and Colorado wage and hour laws.
VISTA owns and operates an automobile brokerage business.
A copy of the Plaintiff's motion dated Feb. 2, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pNtVrg at no extra
charge.[CC]
The Plaintiff is represented by:
J. Mark Baird, Esq.
Beth Doherty Quinn, Esq.
BAIRD QUINN LLC
2036 East 17th Avenue
Denver, CO 80206
Telephone: (303) 813-4500
E-mail: jmb@bairdquinn.com
bdq@bairdquinn.com
VOLKSWAGEN GROUP: Faces Class Action Suit Over Defective Engines
----------------------------------------------------------------
Top Class Actions reports that four consumers filed a class action
lawsuit against Volkswagen Group of America Inc., Audi of America
Inc., and their parent companies.
Why: The plaintiffs claim certain Volkswagen and Audi vehicles have
defective engines that consume excessive oil.
Where: The class action lawsuit was filed in New Jersey federal
court.
A new class action lawsuit alleges Volkswagen and Audi vehicles
equipped with a certain engine have a defect that causes excessive
oil consumption.
Plaintiffs Lauren Reece, Margaret Ponder, Diana Ferrara and Loretta
Moutra claim Volkswagen and Audi vehicles equipped with the EA888
2.0-liter TSI engine have an oil consumption defect that causes
carbon buildup.
The plaintiffs claim the carbon buildup causes the positive
crankcase ventilation (PCV) valve to stick, resulting in crankcase
overpressurization that damages seals and expands and cracks the
plastic oil pan cover, resulting in substantial oil leaks and
consumption.
"Had Plaintiffs and the other Class Members known about the Defect,
they would not have purchased or leased the Class Vehicles or would
have paid substantially less for them," the Volkswagen class action
says.
Volkswagen, Audi refuse to honor warranties, plaintiffs claim
The plaintiffs argue the defect is covered by Volkswagen and Audi's
warranties, however the automakers refuse to honor the warranties.
"Moreover, Defendants have not released or made freely available a
countermeasure that adequately fixes the Defect, including more
robust piston rings," the Volkswagen class action says.
They want to represent a nationwide class and state subclasses of
consumers who purchased or leased a Volkswagen or Audi vehicle
equipped with the EA888 2.0-liter TSI engine.
The plaintiffs claim Volkswagen and Audi are guilty of breach of
express and implied warranties, fraudulent omission and violations
of state consumer protection statutes.
They demand a jury trial and request declaratory and injunctive
relief and an award of compensatory, exemplary, statutory and
punitive damages for themselves and all class members.
Recently, Volkswagen recalled 356,000 Audi vehicles due to a
software error that may prevent the rearview camera image from
displaying correctly.
The plaintiffs are represented by James E. Cecchi and Caroline F.
Bartlett of Carella Byrne Cecchi Brody & Agnello P.C. and W. Daniel
"Dee" Miles III, H. Clay Barnett III, James Mitchell "Mitch"
Williams, Dylan T. Martin and Trenton H. Mann of Beasley, Allen,
Crow, Methvin, Portis & Miles P.C.
The Volkswagen class action lawsuit is Lauren Reece, et al. v.
Volkswagen Aktiengesellschaft, et al., Case No. 2:26-cv-00745, in
the U.S. District Court for the District of New Jersey. [GN]
VOZZCOM INC: Bid to File Class Cert Opposition Extended
-------------------------------------------------------
In the class action lawsuit captioned as Wilson v. Vozzcom, Inc.,
Case No. 0:25-cv-61793 (S.D. Fla., Filed Sept. 5, 2025), the Hon.
Judge Raag Singhal entered an order granting the Defendant's
Unopposed Motion to Extend Pretrial Deadline to File Motion for
Class Certification.
The deadline for Plaintiff to file a motion for class certification
is extended to April 16, 2026.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Vozzcom provides wireline telecommunication services.[CC]
WESTERN ELECTRICAL: Settles 2024 Data Breach Suit for $500,000
--------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that Western Electrical
Contractors Association (WECA) has agreed to a $500,000 settlement
to resolve a class action lawsuit alleging that the electrical
training and apprenticeship organization failed to safeguard the
private student information stored on its systems, which led to a
January 2024 data breach.
The WECA class action settlement received preliminary approval from
the court on December 22, 2025 and covers all United States
residents whose personal information was acquired by an
unauthorized third party during the January 2024 data breach,
including those who received written notice of the breach and those
confirmed in WECA’s records.
Per court documents, approximately 35,290 individuals will be
covered by the settlement.
The court-approved website for the Western Electrical Contractors
Association data breach settlement can be found at
WECADataSettlement.com.
According to the settlement site, WECA settlement class members who
file a valid, timely claim form have multiple options for
reimbursement.
Class members who submit with their claim form documented proof of
out-of-pocket losses attributable to the data breach are eligible
to receive a one-time cash payment of up to $5,000, also referred
to as "Cash Payment A" in all court documents. The settlement
agreement explains that out-of-pocket expenses cannot already have
been reimbursed by another third-party and include those related to
credit monitoring, identity theft protection, credit/debit card
charges, bank fees, and costs to replace identification.
In lieu of a documented-loss payment, WECA class members may
instead file a claim to receive a one-time, pro-rated cash payment
of approximately $100. According to the settlement agreement, no
proof is required from a class member who files a claim form to
receive this benefit.
WECA class members may elect to receive their cash payout via check
or electronic payment, and all checks must be cashed within 180
days of issuance before expiration, court documents add.
In addition to any monetary benefits, all class members may also
file a claim to receive two free years of identity theft protection
and one-bureau credit monitoring, which also includes dark web
scanning, identity restoration, and identity theft insurance, the
site notes.
Finally, as part of the settlement, WECA has agreed to enact
certain business practice changes to enhance its security system
and reduce the risk of any future data breaches.
To submit a Western Electrical Contractors Association settlement
claim form online, class members can head to this page and enter
the unique ID and PIN as listed on their received copy of the
settlement notice. Alternatively, class members may download a PDF
of the claim form from the settlement site to print, fill out, and
return by mail to the settlement administrator listed on the first
page of the document.
All WECA claim forms must be submitted online or by mail by April
21, 2026.
Consumers who believe they may be a WECA settlement class member
but did not receive a notice can contact the settlement
administrator to confirm their identity and obtain their login
information.
The court will determine whether to grant final approval to the
WECA data breach settlement at a hearing on April 17, 2026.
Compensation will begin to be distributed to consumers only after
final approval has been granted and any appeals have been
resolved.
The Western Electrical Contractors Association class action lawsuit
alleged that the California-based non-profit organization failed to
protect electrical trainees and apprentices from a targeted
cyberattack that occurred between approximately January 21, 2024
and January 22, 2024. Court documents state that the private
information potentially impacted in the breach included names,
Social Security numbers, dates of birth, medical information,
health insurance information and treatment costs. [GN]
WILD OAK: SFR Services Seeks to Certify Class
---------------------------------------------
In the class action lawsuit captioned as SFR SERVICES L.L.C., v.
WILD OAK BAY VILLAS I,II,III OWNERS ASSOCIATION, INC., individually
and on behalf of all Owners located in Wild Oak Bay Villas, Case
No. 8:25-cv-02162-KKM-NHA (M.D. Fla.), the Plaintiff asks the Court
to enter an order granting a 60-day extension of time, up to and
including April 3, 2026, to file a motion for class certification.
Additional time is required to prepare and file the motion for
class certification because the parties are currently engaged in
ongoing settlement discussions (and the parties expect this case to
globally resolve) that may impact whether such a motion is
necessary.
A copy of the Plaintiff's motion dated Feb. 2, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Wt74JE at no extra
charge.[CC]
The Plaintiff is represented by:
Joshua B. Alper, Esq.
Daniel Genossar, Esq.
SHAPIRO, BLASI, WASSERMAN
& HERMANN, P.A.
7777 Glades Road, Suite 400
Boca Raton, FL 33434
Telephone: (561) 477-7800
Facsimile: (561) 477-7722
E-mail: jalper@sbwh.law
dgenossar@sbwh.law
WINDSTREAM SERVICES: Hudgins Suit Seeks Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as DENISHA HUDGINS and MARION
BOVAN, individually and on behalf of all others similarly situated,
v. WINDSTREAM SERVICES, LLC, Case No. 4:25-cv-00523-JM (E.D. Ark.),
the Plaintiffs ask the Court to enter an order granting an
extension of up to 30 days, to file a motion for class
certification.
An extension of the class certification deadline is appropriate so
that the Plaintiffs will have the benefit of Defendant's discovery
responses in preparing a motion for class certification and
evaluating the merits of such a motion.
The requested extension will promote efficiency, avoid unnecessary
motion practice, and allow the issues to be presented to the Court
in a more complete and informed manner.
This is the first request for an extension of time regarding class
certification.
On Oct. 31, 2025, the Plaintiffs served their initial disclosures
on Defendant. The parties anticipate that some portions of the
Defendant's discovery responses will not be produced until after
the current deadline for Motions for Class Certification.
Windstream provides networking solution.
A copy of the Plaintiffs' motion dated Feb. 2, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=98KSq4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Matthew L. Turner, Esq.
Paulina R. Kennedy, Esq.
SOMMERS SCHWARTZ, P.C.
1 Towne Sq., 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: mturner@sommerspc.com
pkennedy@sommerspc.com
WISNER BAUM: Inadequately Safeguards Private Info, Winer Says
-------------------------------------------------------------
MAX WINER, individually and on behalf of all others similarly
situated, Plaintiff vs. WISNER BAUM, LLP, Defendant, Case No.
2:26-cv-01157-HDV-AS (C.D. Cal., February 4, 2026) is a class
action against the Defendant for its inadequate data security, and
for breaching its duty to handle private information with
reasonable care.
According to the complaint, up to and through October 8, 2025, the
Defendant obtained Plaintiff's and Class members' Private
Information and stored that Private Information, unencrypted, in an
Internet-accessible environment on Defendant Wisner Baum's network,
from which unauthorized actors used an extraction tool to retrieve
sensitive Private Information belonging to Plaintiff and Class
Members. In a data breach notice, Defendant claimed that it learned
of the data breach on October 8, 2025, yet it waited for over 4
months before sending its data breach notices.
As a result of Defendant's conduct, Plaintiff suffered actual
damages including, without limitation, time related to monitoring
their financial accounts for fraudulent activity, facing an
increased and imminent risk of fraud and identity theft, the lost
value of their personal information, and other economic and
non-economic harm. Plaintiff and Class members will now be forced
to expend additional time, effort, and potential expenses to review
their credit reports, monitor their financial accounts, and monitor
for fraud or identify theft.
Since October 2025, Plaintiff noticed a significant increase in
spam calls, texts and emails. To recover from Defendant for his
sustained, ongoing, and future harms, Plaintiff seeks damages in an
amount to be determined at trial, declaratory judgment, and
injunctive relief requiring Defendant to: (1) disclose,
expeditiously, the full nature of the Data Breach and the types of
Private Information accessed, obtained, or exposed by the hackers;
(2) implement improved data security practices to reasonably guard
against future breaches of Private Information possessed by
Defendant; and (3) provide, at its own expense, all impacted
victims with lifetime identity theft protection services, adds the
complaint.
Plaintiff Max Winer is a resident and citizen of Marlton, New
Jersey.
Defendant Wisner Baum, LLP is a law firm with approximately 20
lawyers based in Los Angeles, California. Its practice areas
include class/mass actions, personal injury, aviation accidents,
pharmaceutical liability, and consumer fraud cases.[BN]
The Plaintiff is represented by:
Eric Lechtzin, Esq.
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
E-mail: elechtzin@edelson-law.com
medelson@edelson-law.com
WOUND TECHNOLOGY: Uribe Sues Over Data Security Failures
--------------------------------------------------------
RICARDO URIBE, individually, and on behalf of all others similarly
situated, Plaintiff v. WOUND TECHNOLOGY NETWORK, INC., Defendant,
Case No. 6:26-cv-00284 (M.D. Fla., February 4, 2026) seeks to
address Defendant's inadequate safeguarding of Plaintiff's and
Class members' private information that Defendant collected and
maintained, and for failing to provide timely and adequate notice
to Plaintiff and Class members that their information had been
subject to the unauthorized access of an unknown third party and
precisely what specific type of information was accessed.
The Defendant failed to maintain reasonable and/or adequate
security measures to protect Plaintiff's and other Class members'
private information from unauthorized access and disclosure. In or
about February 2026, a data breach occurred and approximately
160,000 patients records nationwide containing the highly sensitive
personally identifiable information and protected health
information of Plaintiff and Class Members were accessed, viewed,
and acquired by unauthorized parties.
Accordingly, the Plaintiff seeks remedies including, but not
limited to, compensatory damages for identity theft, fraud, and
time spent, reimbursement of out-of-pocket costs, adequate credit
monitoring services funded by Defendant, and injunctive relief
including improvements to Defendant's data security systems and
practices.
Headquartered in Orlando, FL, Wound Technology Network, Inc. is a
healthcare services company that provides wound care to patients
across multiple U.S. States. [BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: jyanchunis@ForThePeople.com
- and -
Daniel S. Robinson, Esq.
Michael W. Olson, Esq.
ROBINSON CALCAGNIE, INC.
19 Corporate Plaza Drive
Newport Beach, CA 92660
Telephone: (949) 720-1288
Facsimile: (949) 720-1292
E-mail: drobinson@robinsonfirm.com
YERBAE LLC: Thackrah Sues Over Deceptive Product Labeling
---------------------------------------------------------
SHAWN THACKRAH, individually and on behalf of all others similarly
situated, Plaintiff v. YERBAE', LLC., a Delaware limited liability
company, Defendant, Case No. 8:26-cv-00271 (C.D. Cal., February 4,
2026) asserts claims for breach of express warranty, and for
violations of the Consumers Legal Remedies Act and Unfair
Competition Law.
According to the complaint, the Defendant prominently displays in
its energy drink products' labels that the said products are
naturally sweetened. However, these products are made with stevia
leaf extract--an artificial sweetener ingredient used in food and
beverage products. Moreover, the Defendant's packaging, labeling,
and advertising scheme is intended to give consumers the impression
that they are buying a premium product that is free from artificial
sweeteners, says the suit.
Headquartered in Scottsdale, AZ, Yerbae' LLC manufactures,
distributes, advertises, markets, and sells Yerbae' brand energy
drink products. [BN]
The Plaintiff is represented by:
Michael T. Houchin, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: mhouchin@crosnerlegal.com
ZHEALTH INC: Inadequately Safeguards Private Info, Schultz Says
---------------------------------------------------------------
ALEXANDRA SCHULTZ, individually and on behalf of all others
similarly situated, Plaintiff v. ZHEALTH, INC. d/b/a ZHEALTH EHR,
Defendant, Case No. 3:26-cv-01049 (N.D. Cal., February 3, 2026)
arises from the Defendant's failure to secure the personally
identifiable information ("PII") and protected health information
("PHI") of Plaintiff and the members of the proposed Class,
following a cyber incident.
The complaint relates that in the ordinary course of receiving
service from Defendant's Clients, the Plaintiff and Class Members
were required to provide their Private Information to Defendant. On
January 27, 2026, Defendant experienced a data breach. The
ransomware group Kazu has since claimed responsibility for the
cyberattack. Kazu infiltrated Defendant's IT Network and extracted
15 GB of data, totaling over 1.2 million records. The Private
Information compromised in the Data Breach includes Defendant's
Clients' patients' names, dates of birth, addresses, Social
Security numbers, medical, health and financial information.
As a direct and proximate result of the Data Breach, Plaintiff and
Class Members have suffered actual and present injuries, including
but not limited to: (a) present, certainly impending, and
continuing threats of fraud, scams, and other misuses of their
Private Information; (b) diminution of value of their Private
Information; (c) loss of benefit of the bargain (price premium
damages); (d) loss of value of privacy and confidentiality of the
stolen Private Information; (e) illegal sales of the compromised
Private Information; (f) mitigation expenses and time spent
responding to and remedying the effects of the Data Breach; (g)
fraud insurance costs; (h) "out of pocket" costs incurred due to
actual fraud; (i) credit freezes/unfreezes; (j) expense and time
spent on initiating fraud alerts and contacting third parties; (k)
decreased credit scores; (l) lost work time; and (m) anxiety,
annoyance, and nuisance; (n) continued risk to their Private
Information, which remains in Defendant's possession and is subject
to further breaches so long as Defendant fails to undertake
appropriate and adequate measures to protect Plaintiff's and Class
Members' Private Information, says the suit.
Through this lawsuit, Plaintiff seeks to hold Defendant responsible
for the injuries it has inflicted on Plaintiff and Class Members
due to their impermissibly inadequate data security measures, and
to seek injunctive relief to ensure the implementation of security
measures to protect the Private Information that remains in
Defendant's possession.
Plaintiff ALEXANDRA SCHULTZ is a resident and citizen of Clarkston,
Michigan and is a former patient of one of Defendant's Clients.
Defendant zHealth, Inc. is a San Francisco-based software company
founded in 2015 that provides an all-in-one, cloud-based practice
management and electronic health record ("EHR") platform
specifically to chiropractors, acupuncturists, and wellness
providers.[BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW, P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: 954-525-4100
E-mail: cardoso@kolawyers.com
- and -
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
ZULILY LLC: Class Cert Bid in Smith Suit Due March 26
-----------------------------------------------------
In the class action lawsuit captioned as JITTANIA SMITH, et al., v.
ZULILY, LLC, et al., Case No. 2:24-cv-01480-KKE (W.D. Wash.), the
Hon. Judge Kymberly Evanson entered an order granting the parties'
stipulated motion to extend certain case deadlines.
The pre-certification discovery deadline is extended until March
13, 2026, and the deadline by which the Plaintiffs must move for
class certification is extended to March 26, 2026.
Zulily offers a curated selection of apparel, footwear, home goods,
and beauty products for families.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fNvT6R at no extra
charge.[CC]
Asbestos Litigation
ASBESTOS UPDATE: 3M Co. Co-Defends 3,700 Product Liability Lawsuits
-------------------------------------------------------------------
3M Company, as of December 31, 2025, is a named defendant, with
multiple co-defendants, in numerous lawsuits in various courts that
purport to represent approximately 3,700 individual claimants,
compared to approximately 3,500 individual claimants with actions
pending as of December 31, 2024, according to the Company's Form
10-K filing with the U.S. Securities and Exchange Commission.
The Company states, "The vast majority of the lawsuits and claims
resolved by and currently pending against the Company allege use of
some of the Company's mask and respirator products and seek damages
from the Company and other defendants for alleged personal injury
from workplace exposures to asbestos, silica, coal mine dust or
other occupational dusts found in products manufactured by other
defendants or generally in the workplace. A minority of the
lawsuits and claims resolved by and currently pending against the
Company generally allege personal injury from occupational exposure
to asbestos from products previously manufactured by the Company,
which are often unspecified, as well as products manufactured by
other defendants, or occasionally at Company premises.
"The Company's current volume of new and pending matters is
substantially lower than it experienced at the peak of filings in
2003. The number of claims alleging more serious injuries,
including mesothelioma, other malignancies, and black lung disease,
is expected to represent a greater percentage of total claims than
in the past. Over the past twenty plus years, the Company has
prevailed in nineteen of the twenty cases tried to a jury."
A full-text copy of the Form 10-K is available at
https://bit.ly/31fW1W4
ASBESTOS UPDATE: General Electric Faces Exposure Lawsuits
---------------------------------------------------------
General Electric Company, like many other industrial companies, is
a defendant in lawsuits claiming losses and injuries related to
alleged exposure by workers and others to asbestos, polychlorinated
biphenyls (PCBs) or other hazardous materials, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission.
The Company states, "Liabilities for environmental remediation and
worker exposure claims exclude possible insurance recoveries. It is
reasonably possible that our exposure will exceed amounts accrued.
However, due to uncertainties about the status of laws,
regulations, technology and information related to individual sites
and worker exposure lawsuits, such amounts are not reasonably
estimable. Total reserves related to environmental remediation and
worker exposure claims were $2,129 million and $2,003 million at
December 31, 2025 and December 31, 2024, respectively."
A full-text copy of the Form 10-K is available at
https://tinyurl.com/49w9e8ax
ASBESTOS UPDATE: Union Carbide Reports $708MM Total Liability
-------------------------------------------------------------
Union Carbide Corporation is and has been involved in a large
number of asbestos-related suits filed primarily in state courts
during the past several decades, according to the Company's Form
10-K filing with the U.S. Securities and Exchange Commission.
The Company states, "At December 31, 2025, the Corporation's total
asbestos-related liability for pending and future claims, including
future defense and processing costs, was $708 million ($791 million
at December 31, 2024).
A full-text copy of the Form 10-K is available at
https://tinyurl.com/vj9kmfs3
*********
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