260703.mbx
C L A S S A C T I O N R E P O R T E R
Friday, July 3, 2026, Vol. 28, No. 132
Headlines
AMENTUM GOVERNMENT: Extension of Stay Deadlines Sought
AMERITAS LIFE: Wightman PPO Act Summary Judgment Reversed on Appeal
ASSURANCEAMERICA MANAGING: Arnwine Balks at Unsecured Personal Info
AVANGRID MANAGEMENT: Baker Sues for Breach of Fiduciary Duty
BAYAMON MEDICAL: Dismissal of Santos Data Breach Suit Affirmed
BIOGEN INC: $18.9MM Class Settlement to be Heard on Sept. 29
BLACK ROCK: Aiello Files Suit Over Share Price Drop
BMW OF NORTH AMERICA: Attys' Fee Award in Gelis Vacated on Appeal
C&S WHOLESALE: Flores Class Suit Removed to E.D. Cal.
CATALYST BRANDS: Fails to Prevent Data Breach, Charleston Says
CHIRON FINANCIAL: Hirner-Couderc et al. Sue For Labor Law Breaches
CHRIS PIAETE: Talamante Must File Class Cert Bid by Oct. 12
CHRISTIAN DIOR: Dalton Seeks Equal Website Access for the Blind
CHUBBIES INC: Dalton Seeks Equal Website Access for the Blind
CLOUDFLARE INC: Faces Class Suit Over Recapitalization Proposal
COMPASS INC: Faces Class Action Lawsuit Over Transaction Fees
CORNELL UNIVERSITY: Appeals Class Certification Order in Corzo Suit
COSTCO WHOLESALE: West Sues Over Deceptive Dog Food Labels
COVE DRINKS: Faces Class Action Suit Over Falsely Advertised Sodas
DRISCOLL'S INC: Berlinger Sues Over Mislabeled Strawberries
DUBLIN FARMS: Suit Seeks Migrant Agricultural Workers' Proper Wages
ELECTRONIC COMMODITIES: Equal Website Access for the Blind Sought
FIRST FEDERAL: Fails to Prevent Data Breach, Armstrong Says
FIRST SOLAR: Day Suit Seeks Damages Over Share Price Drop
GATEWAY CHURCH: Wins Dismissal of Second Amended Complaint
GOOGLE LLC: Gomez Wrongful Termination Suit Removed to W.D. Wash.
GREATER ROCHESTER: Agrees to $2.15MM Data Breach Suit Settlement
HARBOR DISTRIBUTING: Sanctions for AI Filing in Quinteros Affirmed
HAWAIIAN AIRLINES: Young Appeals Summary Judgment Order to 9th Cir.
HOMETAP EQUITY: Crawford Sues Over Deceptive Mortgage Loan Product
HY-VEE INC: Faces Class Action Lawsuit Over Unpaid Overtime Wages
IMS US LLC: Faces Hedges Suit Over Blind-Inaccessible Website
JAMES JAMES: Delanay Seeks to Certify Class of H-Block Prisoners
JEROME HARRIS: Court OK's Proposed Form of Notice
JP MORGAN: Bodea Suit Seeks Rule 23 Class Certification
JP MORGAN: Seeks Leave to File Class Cert Response
KELLER WILLIAMS: Discovery Scheduling Order Entered in Garvey Suit
KROGER CO: Wins Preliminary Nod for $17MM Deal in "Kirkbride"
LASER EYE: Class Cert Bid Filing in Mack Suit Due April 16, 2027
LIVE NATION: Renewed Bid for Class Cert. Due July 30
LUFAX HOLDING: Court Appoints Zhou, Tchind as Co-Lead Plaintiffs
MACYS.COM LLC: Hayward Consumer Fraud Suit Removed to N.D. Ill.
MARATHON REFINING: Class Settlement in Wood Suit Gets Final Nod
MARKWAYNE MULLIN: Dismissed w/o Prejudice in Abundez Suit
MARLBORO-CHESTERFIELD PATHOLOGY: Breach Suit Deal Gets Prelim OK
MARUTI TRANSPORTATION: Initial Case Order Entered in Yanez Suit
MASSACHUSETTS: Bid for Class Certification in Green Due July 10
MDL 3035: Plaintiffs' Proposed Notice in Retirement Suit OK'd
META PLATFORMS: Plaintiffs Seek to File Class Docs Under Seal
MICHAEL BLOOMBERG: Out-of-State Plaintiffs' Claims Dismissed
MOODY BIBLE INSTITUTE: Pitts Files Suit in N.D. Illinois
MORTGAGE ELECTRONIC: Bid for Magistrate Judge Recusal Tossed
MXR IMAGING INC: Bonds Sues to Recover Unpaid Overtime Wages
NATERA INC: Faces Class Action Lawsuit Over Genetic Testing Claims
NATIONAL COLLEGIATE: Campbell Sues Over Eligibility Restrictions
NEW DIRECTION: Seeks to Compel Supplemental Discovery Responses
NEWPORT GROUP: Ewing Proposed Form of Notice OK'd
NEWPORT GROUP: Jackson Proposed Form of Notice OK'd
NEWPORT GROUP: Russ Proposed Form of Notice OK'd
NEWPORT GROUP: Wade Proposed Form of Notice OK'd
NUTRIEN LTD: Flaten Suit Transferred to D. Kansas
NUTRIEN LTD: IIHAB Partnership Suit Transferred to D. Kansas
NUTRIEN LTD: Jewett Farms Suit Transferred to D. Kansas
NUTRIEN LTD: Koon Suit Transferred to D. Kansas
NUTRIEN LTD: Miller Suit Transferred to D. Kansas
OKANOGAN BEHAVIORAL: Agrees to Settle Data Breach Class Action
OKLAHOMA: Appeals Declaratory/Injunctive Relief Order to 10th Cir.
OKLAHOMA: Appeals Injunctive Relief Order in Feltz Civil Suit
OLD COPPER: Class Cert. Bid Filing in Krantz Suit Due Dec. 24, 2027
OPUS HOME LOANS: Waller Files TCPA Suit in E.D. Michigan
ORACLE CORP: Inadequately Protects Private Info, Anderson Says
ORACLE CORPORATION: C. A. Files Suit in W.D. Texas
PARTS TOWN: Rivers Sues to Recover Unpaid Overtime Compensation
PEYTON PALAIO: Court Narrows Claims in Palaio FAC
PHILLIPS 66: Class Cert. Bid Filing Due Feb. 26, 2027
PILOT TRAVEL CENTERS: Frazier Suit Removed to C.D. California
POVERELLO CENTER: McKenzie's Bid for Appointment of Counsel Tossed
PREFERRED BANK: Dawkins Sues Over Data Privacy Violations
REDDIT INC: Class Cert Bid in Babbini Suit Due July 13, 2027
RENAISSANCE ENTERTAINMENT: Settles Ticket Fees' Suit for $1.9MM
RICOH USA: Seeks Reconsideration of Class Cert. Order in MTP Suit
RIVER HEIGHTS: Kidd Suit Seeks to Stay Class Cert Deadlines
ROBERT LUNA: Stewart Seeks Reconsideration of Class Cert Denial
RUGGABLE LLC: Class Cert Deadline Continued to Dec. 4
RUGSUSA LLC: Class Cert Hearing Sought in Preciado Lawsuit
RYAN MORAN: Plaintiffs Lose Bid for Class Certification
SAINT PETER'S: Pollinger Sues Over Communications Interception
SAN DIEGO CONVENTION: Conditional Status of Collective Partly OK'd
SANDISK SSDS: Plaintiffs to File Renewed Bid for Class Cert
SCHLUMBERGER TECH: Summary Judgment Granted on Appeal in Guilbeau
SECURITAS SECURITY: Must Oppose Ulloa Class Cert Bid by July 7
SENTURE LLC: Odum Sues Over to Recover Unpaid Overtime Wages
SERVICEAIDE INC: Agrees to $1.8MM Data Breach Class Settlement
SINCERE HOME CARE: Weyek Sues Failure to Pay Wages for Overtime
SOUND DIMENSION: Gutierrez Sues to Recover Unpaid Overtime
SUMIRIKO OHIO: Adams Files FLSA Suit Over Unpaid Overtime Wages
TAURO PIZZA CORP: Brito Sues Over Inaccessible Property
TERRAN ORBITAL: Scottini Sues Over Misleading Proxy Statement
TESLA: Arbitration Denial in Doss Wage-&-Hour Suit Partly Reversed
TICKETMASTER LLC: Renewed Bid for Class Cert. in Holmes Due July 30
TORRID LLC: Class Certification Bid in Perez Due June 18, 2027
TRANSAMERICA PREMIER: Phan Loses Bid for Class Certification
TYSON FOODS: Mohamed Sues Over Failure to Pay All Overtime Wages
UNITED STATES: Faces Suit Over Medicare's Reimbursement Rule
UNIVERSAL INTERMODAL: Driver's Biometrics Suit Gets Class Status
VENEZUELA: Seeks to File Class Cert Opposition by July 24
VENTURA COUNTY, CA: Standing Order Entered in Santa Paula Suit
WASHINGTON METROPOLITAN: Harriot Seeks Attys' Fees & Costs
Asbestos Litigation
ASBESTOS UPDATE: General Electric Has $2.17BB Reserves at 2026 Q1
ASBESTOS UPDATE: Nash's Ch. 11 Stay Lifted to Resolve Coverage
FIVE BELOW: Grazioli Seeks Refund of Tariff Surcharges
*********
AMENTUM GOVERNMENT: Extension of Stay Deadlines Sought
------------------------------------------------------
In the class action lawsuit captioned as JAY MIDDLETON and GEORGE
A. LAWRENCE, individually and on behalf of the AMENTUM 401(K)
RETIREMENT PLAN and DYNCORP INTERNATIONAL SAVINGS PLAN, and all
others similarly situated, v. AMENTUM GOVERNMENT SERVICES PARENT
HOLDINGS LLC, et al., Case No. 2:23-cv-02456-EFM-BGS (D. Kan.), the
Parties ask the Court to enter an order granting an extension of
deadlines associated with the Defendants' motion to stay as
follows:
a one-week extension of Plaintiffs' response making it due June 29,
2026; and a three-day extension of the Defendants' reply making it
due July 9, 2026.
While counsel for the Plaintiffs have been working on the response
brief, the press of deadlines associated with other matters have
delayed their progress and they seek a short one-week extension of
time to complete the response brief, making the response due June
29, 2026.
In light of the intervening July 4, 2026 holiday, the Defendants
seek a short three-day extension of their reply deadline until July
9, 2026.
Amentum provides technical and engineering services.
A copy of the Parties' motion dated June 17, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kupMVb at no extra
charge.[CC]
The Plaintiffs are represented by:
Boyd A. Byers, Esq.
Teresa Shulda, Esq.
Samuel J. Walenz, Esq.
Scott C. Nehrbass, Esq.
FOULSTON SIEFKIN LLP
1551 N. Waterfront Parkway, Suite 100
Wichita, KS 67206-4466
Telephone: (316) 291-9716
Facsimile: (316) 771-6011
E-mail: bbyers@foulston.com
tshulda@foulston.com
swalenz@foulston.com
snehrbass@foulston.com
The Defendants are represented by:
Elaine Drodge Koch, Esq.
Sarah R. Holdmeyer, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1200 Main Street, Suite 3800
Kansas City, MO 64105
Telephone: (816) 374-3235
Facsimile: (816) 374-3300
E-mail: elaine.koch@bclplaw.com
sarah.holdmeyer@bclplaw.com
- and -
Cardelle B. Spangler, Esq.
Aviva Grumet-Morris, Esq.
Tiana Pequette, Esq.
Heather L. Kriz, Esq.
WINSTON TAYLOR LLP
300 N. LaSalle Drive
Chicago, IL 60654
Telephone: (312) 558-5600
Facsimile: (312) 558-5700
E-mail: cardelle.spangler@winstontaylor.com
aviva.grumetmorris@winstontaylor.com
tiana.pequette@winstontaylor.com
heather.kriz@winstontaylor.com
AMERITAS LIFE: Wightman PPO Act Summary Judgment Reversed on Appeal
-------------------------------------------------------------------
In the case, MARK WIGHTMAN, Doctor of Dental Surgery; COURTNEY
WIGHTMAN, Doctor of Dental Surgery; WIGHTMAN FAMILY DENTAL, L.L.C.,
Plaintiffs-Appellants, v. AMERITAS LIFE INSURANCE CORPORATION,
Defendant-Appellee, Case No. 24-30775 (5th Cir.), Judge James E.
Graves, Jr. of the U.S. Court of Appeals for the Fifth Circuit
affirmed in part and reversed in part the district court's grant of
summary judgment to Ameritas.
Mark and Courtney Wightman own a small dental clinic, Wightman
Family Dental. They entered into an agreement with DenteMax, a
preferred provider organization (PPO), that allowed their services
to be offered at discounted rates to network subscribers in
exchange for access to a larger patient pool. In 2012, Ameritas
separately contracted with DenteMax to access its provider network
and reimburse participating providers, including the Wightmans, at
those discounted rates, allowing Ameritas to pass those rates on to
its customers.
The Wightmans were not aware of the agreement between Ameritas and
DenteMax. When patients used Ameritas benefit cards, the Wightmans
expected reimbursement at their standard rates, as the cards did
not disclose any discount arrangement. Instead, they were
reimbursed at reduced PPO rates. After questioning the payments,
the Wightmans contacted Ameritas, which then informed them of its
agreement with DenteMax.
The Wightmans sued Ameritas and DenteMax for breach of contract and
violations of Louisiana's PPO Act. The district court partially
dismissed their claims, and the Wightmans later amended their
pleadings, turning the case into a putative class action. The court
again dismissed the statutory and unjust enrichment claims as
prescribed under Louisiana law, though it noted the claims would
have been viable but for prescription.
On appeal, the Fifth Circuit certified to the Louisiana Supreme
Court the question of whether PPO Act claims are delictual or
contractual for prescriptive purposes. The Louisiana Supreme Court
held they are contractual, making the claims timely. Based on that
ruling, the Fifth Circuit reversed the dismissal as to Ameritas,
while DenteMax separately settled with the Wightmans.
On remand, the district court granted summary judgment in favor of
Ameritas. It held that dental services do not qualify as
"healthcare services" under the Louisiana PPO Act, meaning the
Wightmans' statutory claims failed. The court also found that the
Wightmans had abandoned their remaining non-PPO Act claims during
the first appeal. It further denied their request to amend the
complaint and denied a motion for reconsideration.
The Wightmans appealed.
The district court granted summary judgment to Ameritas on the
Wightmans' PPO Act claims after concluding that dental services are
not "healthcare" under Louisiana law. The Fifth Circuit disagreed.
It held that dental services qualify as healthcare under the PPO
Act, relying on the statute's broad language and the ordinary
meaning of healthcare, which includes dentistry. The court also
found that interpreting the PPO Act this way does not conflict with
or duplicate the Louisiana Network Adequacy Act, since the two
statutes regulate different conduct. The PPO Act governs
disclosures on benefit cards at the point of service, while the NLA
addresses separate contracting requirements. Because dental
services fall within the scope of the PPO Act, the Fifth Circuit
reversed the district court's grant of summary judgment.
The parties also raised additional arguments regarding whether
summary judgment could be affirmed on alternative grounds. However,
the Fifth Circuit noted that the district court's ruling focused
primarily on whether the Wightmans qualified as providers under the
PPO Act and did not fully address other issues. As a general rule,
the Fifth Circuit does not consider issues not first addressed by
the district court. It also observed that the district court
briefly concluded the Wightmans were judicially estopped from
arguing that the contract between DenteMax and Ameritas created a
PPO, but it did so without applying a clear legal standard and
relied on only a single case.
The district court also abused its discretion in applying judicial
estoppel without sufficient analysis, the Fifth Circuit held. The
court failed to articulate the governing legal standard and did not
make findings on the required elements, offering only limited and
conclusory reasoning. Although it appeared to view the Wightmans'
positions as inconsistent, it did not fully evaluate the
doctrine’s requirements. The Fifth Circuit emphasized that
discretionary decisions must be grounded in sound legal principles
and adequately explained. It expressed no view on whether judicial
estoppel should apply, but remanded for further consideration with
a proper analysis.
The district court declined to consider the Wightmans' non-PPO Act
claims, including unjust enrichment, concluding they had been
abandoned on appeal because they were only briefly mentioned in the
briefing. The Fifth Circuit disagreed. It held that the district
court lacked authority to determine whether issues were forfeited
on appeal and also violated the mandate rule, which requires a
lower court to follow the appellate court's instructions without
revisiting issues outside that mandate. Because the Fifth Circuit
had not resolved those claims or directed their dismissal, the
district court erred in treating them as abandoned. It therefore
reversed the grant of summary judgment on the non-PPO Act claims
and remanded for further consideration.
Finally, the Wightmans challenged the district court's denial of
their motion for leave to amend the complaint, which the Fifth
Circuit reviewed for abuse of discretion. Given the late stage of
the litigation and the case’s procedural history, the court found
no abuse of discretion in that ruling.
For these reasons, the Fifth Circuit affirmed in part, reversed in
part, and remanded the case for further proceedings consistent with
its Opinion.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/QTEHg90sJ
ASSURANCEAMERICA MANAGING: Arnwine Balks at Unsecured Personal Info
-------------------------------------------------------------------
ROSALIND ARNWINE, individually and on behalf of all others
similarly situated, Plaintiff v. ASSURANCEAMERICA MANAGING GENERAL
AGENCY, LLC, Defendant, Case No. 1:26-cv-03501-MHC (N.D. Ga., June
23, 2026) is a class action against Defendant AssuranceAmerica for
its failure to properly secure and safeguard Plaintiff's and other
similarly situated individuals personally identifying information,
including names, contact information, Social Security numbers, tax
ID information, insurance information, driver or vehicle
information, and driver's license numbers.
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, AssuranceAmerica 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 AssuranceAmerica's duty to safeguard the private
information of Plaintiff and Class Members, their private
information in Defendant's possession was compromised when an
unauthorized third party successfully targeted an employee and
gained access to the company's IT systems on March 16, 2026. As a
direct and proximate result of Defendant's failure to implement and
follow basic security procedures, Plaintiff's and Class Members'
private information is now in the hands of cybercriminals.
The Plaintiff, on behalf of herself and all others similarly
situated, alleges claims for negligence, breach of implied
contract, breach of the duty of good faith and fair dealing, and
unjust enrichment arising from the data breach.
AssuranceAmerica Managing General Agency is an insurance company
that offers personal auto, commercial auto, and renters insurance,
primarily for high-risk drivers or those who have trouble getting
coverage from standard carriers.[BN]
The Plaintiff is represented by:
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
- 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
steve@lcllp.com
AVANGRID MANAGEMENT: Baker Sues for Breach of Fiduciary Duty
------------------------------------------------------------
DORA BAKER, individually, on behalf of the Avangrid 401(k) Plan,
and on behalf of all similarly situated participants and
beneficiaries of the Avangrid 401(k) Plan, Plaintiff v. AVANGRID
MANAGEMENT COMPANY, LLC and the AVANGRID & SUBSIDIARIES JOINT PLAN
AD MINISTRATION AND FIDUCIARY COMMITTEE; Defendants, Case No.
3:26-cv-01002 (D. Conn., June 23, 2026) is a class action against
the Defendants for breaching their fiduciary duties under the
Employee Retirement Income Security Act with regards to the Plan.
According to the complaint, the Plan fiduciaries fell well short of
the strict fiduciary duties by consistently retaining the T. Rowe
Price Growth Stock Trust (hereafter the "TRP Growth Stock Fund")
for years, despite this fund having proven that it could not beat
its own chosen index benchmark and thus violated a basic investment
principle of providing no expectation of additional returns in
exchange for increased risk.
Similarly, the TRP Growth Stock Fund glaringly underperformed its
peers under nearly all Modern Portfolio Theory investment metrics
and, consequently, in terms of returns. If Defendants had complied
with their fiduciary duties to monitor their investments, this
unsuitable and underperforming investment would have been removed.
The Defendants' failure to conduct a reasonably prudent process to
investigate and monitor investment options within the Plan and
remove this unsuitable and underperforming investment reduced Plan
participants' retirement funds by tens of millions of dollars. As a
result of this imprudent activity, the Plaintiff and the other Plan
participants suffered around $45 million and $124 million in
damages over the Class Period, June 22, 2020, through the date of
judgment, says the suit.
The Plaintiff is a current participant in the Plan and has been a
participant during the entire Class Period.
Avangrid Management Company is the sponsor of the Plan and
administers the Plan in Connecticut.[BN]
The Plaintiff is represented by:
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
100 Pearl Street, 14th Floor
Hartford, CT 06103
Telephone: (929) 677-5181
Facsimile: (646) 417-5967
E-mail: ofaircloth@sirillp.com
- and -
Alexandr Rudenco, Esq.
MILBERG, PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
E-mail: arudenco@milberg.com
BAYAMON MEDICAL: Dismissal of Santos Data Breach Suit Affirmed
--------------------------------------------------------------
The U.S. Court of Appeals for the First Circuit affirmed the
district court's dismissal of BETZAIDA SANTOS-PAGÁN, Plaintiff,
Appellant, MINERVA M. HERNÁNDEZ-UMPIERRE, Plaintiff, v. BAYAMON
MEDICAL CENTER, Defendant, Appellee, DOES 1 TO 10, Defendants, Case
No. 24-2018 (1st Cir.), holding that Santos lacked Article III
standing because she failed to plausibly allege that her claimed
injury was fairly traceable to the alleged data breach.
Plaintiff-Appellant Santos filed a putative class action in the
U.S. District Court for the District of Puerto Rico against
Bayamón Medical Center (BMC), alleging claims arising from a data
breach that exposed the personally identifiable information (PII)
and protected health information (PHI) of approximately 522,493
patients, including herself. The district court dismissed the case
for lack of Article III standing, finding that Santos failed to
plausibly allege that her alleged injury was traceable to BMC's
data breach.
BMC, a hospital in Bayamón, Puerto Rico, maintains patient records
containing PII and PHI, including names, Social Security numbers,
dates of birth, and medical diagnoses. In May 2019, BMC discovered
it had been the target of a ransomware attack that encrypted files
on its systems and temporarily rendered them unusable, with hackers
demanding payment to restore access. In July 2019, BMC notified
patients of the breach, stating that while patient PII and PHI had
been encrypted, there was no indication the data had been accessed
or misused by unauthorized parties. Santos, a former patient,
received this notice.
On May 22, 2020, Santos and Minerva Hernández Umpierre, another
former BMC patient filed a putative class action in the U.S.
District Court for the District of Puerto Rico under the Class
Action Fairness Act, , 28 U.S.C. Section 1332(d)(2), asserting
Puerto Rico law claims for breach of contract, breach of the
covenant of good faith and fair dealing, and negligence. They
alleged that BMC's failure to safeguard patient data resulted in a
ransomware breach exposing PII, placing them and the putative class
at an ongoing risk of identity theft, requiring mitigation efforts,
causing out-of-pocket expenses such as credit monitoring services,
and diminishing the value of their personal information.
On August 31, 2023, BMC moved for judgment on the pleadings under
Federal Rule of Civil Procedure 12(c), arguing that the Plaintiffs
lacked Article III standing and failed to establish jurisdiction
under CAFA. BMC contended that the complaint did not plausibly
allege an injury in fact because it offered no factual basis
showing that the Plaintiffs had suffered or were likely to suffer
identity theft or fraud as a result of the data breach, and that
speculative allegations of future risk were insufficient to
establish standing.
Three weeks later, the Plaintiffs moved for leave to file a first
amended complaint (FAC), seeking to add federal question
jurisdiction by alleging violations of the Stored Communications
Act (SCA), 18 U.S.C. Sections 2701 et seq., and to include
additional facts regarding harms suffered by co-plaintiff Umpierre,
including alleged bank fraud, changes to her phone number and
mobile payment account, and inaccuracies in her credit report. No
new factual allegations were added for Santos. The district court
granted leave to amend, and the FAC was filed on September 28,
2023.
On November 27, 2023, BMC moved to dismiss Umpierre's claims under
Rule 12(b)(1), arguing she lacked standing because she became a
patient after the data breach occurred. The district court agreed
and dismissed her claims without prejudice.
With Santos as the remaining named plaintiff, BMC moved for
judgment on the pleadings on all claims in the first amended
complaint. BMC argued that Santos lacked Article III standing
because she failed to plausibly allege an injury in fact, noting
that she did not claim to have suffered identity theft or fraud and
that her allegations of a future risk of such harm were purely
speculative.
On April 19, 2024, nearly five years after the data breach and four
years after filing suit, Santos moved for leave to file a second
amended complaint, seeking to add newly discovered allegations of
harm. The district court granted the motion. In the proposed second
amended complaint (SAC), Santos alleged that after receiving
BMC’s breach notice, she discovered an unauthorized cellphone
account opened in her name, which required her to spend time and
approximately $800 to repair her credit score and monitor her
credit reports and accounts for further unauthorized activity.
BMC moved to dismiss Santos’s claims under Rules 12(b) and 12(c),
and alternatively sought a more definite statement under Rule
12(e), again arguing that Santos lacked Article III standing
because the second amended complaint failed to allege a concrete
injury. BMC contended that Santos did not plead any economic
damages tied to the unauthorized cellphone account and therefore
did not plausibly allege that she was an identity theft or fraud
victim, or that any alleged harm was traceable to the data breach.
It further argued that her allegations of future risk of identity
theft or fraud were speculative. Santos opposed the motion.
On September 30, 2024, the district court granted BMC's motion to
dismiss for lack of standing and subject matter jurisdiction. It
held that Santos failed to show that the fraudulent cellphone
account was traceable to BMC's cyberattack and therefore did not
establish Article III standing. The court also found that Santos
failed to state a claim under the Stored Communications Act and did
not adequately establish minimal diversity under CAFA. It further
denied jurisdictional discovery as futile and dismissed the SCA
claim with prejudice, while dismissing the Puerto Rico law claims
without prejudice.
Santos timely appealed, challenging the district court’s rulings
on standing and subject matter jurisdiction.
The Court of Appeals held that Santos failed to plausibly allege
that her claimed injury was traceable to BMC's data breach. It
found that, beyond a conclusory assertion that her personal
information used to open a fraudulent cellphone account came from
the breach, the complaint did not plead specific facts connecting
the account to BMC's cyberattack. The Court noted that the
allegations did not establish a plausible temporal link between the
breach and the opening of the account, nor did they support a
reasonable inference about when the account was created. It also
rejected the argument that BMC's breach notice supported such an
inference or that misuse of her information necessarily came from
BMC's systems. Finally, the Court found the complaint did not
identify what specific types of PII or PHI were allegedly used to
open the account or whether that information was even among the
data exposed in the breach, concluding that the allegations were
insufficient to show causation or standing.
Because Santos did not establish traceability, she lacked Article
III standing, and the Court therefore lacked jurisdiction to review
her claims. Accordingly, the Court of Appeals affirmed the district
court's order dismissing the action.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/4RIJXWfUS.
Jesenia A. Martinez -- jesenia.martinez@wilshirelawfirm.com -- with
whom Wilshire Law Firm, PLC, David C. Indiano-Vicic --
david.indiano@indianowilliams.com -- Joanne J. Pimentel de Jesus --
joanne.pimentel@indianowilliams.com -- and Indiano & Williams,
P.S.C., were on brief, for appellant.
Michael Craig McCall, with whom Law Offices of Michael Craig
McCall, José A. Morales Boscio -- jose.morales@himapr.com -- and
Morales Boscio Law Offices PSC were on brief, for appellee.
BIOGEN INC: $18.9MM Class Settlement to be Heard on Sept. 29
------------------------------------------------------------
Block & Leviton LLP announced that the United States District Court
for the District of Massachusetts has approved the following
announcement of a proposed class action settlement that would
benefit purchasers of common stock of Biogen, Inc. (NASDAQ: BIIB):
OKLAHOMA FIREFIGHTERS PENSION AND
RETIREMENT SYSTEM,
Plaintiff,
v.
BIOGEN INC., MICHEL VOUNATSOS, AND
ALISHA ALAIMO,
Defendants.
Case No. 22-cv-10200-WGY
CLASS ACTION
SUMMARY NOTICE OF PROPOSED
SETTLEMENT OF CLASS ACTION
TO: ALL PURCHASERS AND ACQUIRERS OF BIOGEN INC. COMMON STOCK
BETWEEN JUNE 8, 2021 AND JULY 12, 2021, INCLUSIVE
A Federal Court has authorized this notice. This is not a
solicitation from a lawyer.
Please read this notice carefully. An $18.9 million settlement has
been reached for investors in Biogen Inc. common stock between June
8, 2021 and July 12, 2021.
if you are a member of the Class, your legal rights will be
affected whether you act or not.
Notice of Settlement: You are hereby notified that a hearing will
be held on September 29, 2026, at 2:00 p.m., before the Honorable
William G. Young, at the United States District Court, District of
Massachusetts, John Joseph Moakley U.S. Courthouse, 1 Courthouse
Way, Boston, MA 02210, Courtroom 18 – 5th Floor, to determine
whether:
(1) the proposed settlement (the "Settlement") of the Action as
set forth in the Stipulation and Agreement of Class Action
Settlement, dated June 5, 2026 ("Stipulation") for $18.9 million in
cash should be approved by the Court as fair, reasonable, and
adequate;
(2) the Judgment as provided under the Stipulation should be
entered dismissing the Action with prejudice;
(3) to award Lead Counsel attorneys' fees and expenses out of
the Settlement Fund (as defined in the Notice of Proposed
Settlement of Class Action ("Notice"), which is discussed below)
and, if so, in what amounts;
(4) to award Lead Plaintiff expenses pursuant to 15 U.S.C. Sec.
78u-4(a)(4) in relation to their representation of the Class out of
the Settlement Fund and, if so, in what amount; and
(5) the Plan of Allocation should be approved by the Court as
fair, reasonable, and adequate.
It is possible that the Court may decide to change the date and/or
time of the Settlement Hearing, conduct the Settlement Hearing by
video or telephonic video conference, or otherwise allow Class
Members to appear at the hearing by telephone or video conference,
without further written notice to the Class. To determine whether
the date and time of the Settlement Hearing have changed, or
whether Class Members must or may participate by telephone or
video, it is important that you monitor the Court's docket and the
website, www.BiogenSecuritiesLitigation.com, for any update before
making any plans to attend the Settlement Hearing.
IF YOU PURCHASED OR ACQUIRED BIOGEN INC. ("BIOGEN") COMMON STOCK
BETWEEN JUNE 8, 2021 AND JULY 12, 2021, INCLUSIVE, YOUR RIGHTS MAY
BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION
Proof of Claim: To share in the distribution of the Net Settlement
Fund, you must establish your rights by submitting a Proof of Claim
and Release form ("Proof of Claim") by mail (postmarked no later
than September 24, 2026) or electronically via the website (no
later than 11:59 ET on September 24, 2026). Failure to submit your
Proof of Claim by September 24, 2026 will subject your claim to
rejection and preclude you from receiving any of the recovery in
connection with the Settlement of this Action.
If you purchased or acquired Biogen common stock during the period
between June 8, 2021 and July 12, 2021, inclusive, and do not
request exclusion from the Class, you will be bound by the
Settlement and any judgment and release entered in this Action,
including, but not limited to, the Judgment, whether or not you
submit a Proof of Claim.
Notice: The Notice, which more completely describes the Settlement
and your rights thereunder (including your right to object to the
Settlement), the Proof of Claim, the Stipulation (which, among
other things, contains definitions for the defined terms used in
this Summary Notice), and other important documents, may be
accessed online at www.BiogenSecuritiesLitigation.com, or by
writing to or calling:
Biogen Securities Litigation Settlement
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson St., Ste. 205
Media, PA 19063
1-866-274-4004
Inquiries should NOT be directed to Defendants, the Court, or the
Clerk of the Court. Inquiries other than requests for the Notice or
for a Proof of Claim may be made to Lead Counsel:
Block & Leviton LLP
Michael D. Gaines
260 Franklin Street, Suite 1860
Boston, MA 02110
(617) 398-5600
michael@blockleviton.com
Exclusion: If you desire to be excluded from the Class, you must
submit a request for exclusion such that it is received by August
25, 2026, in the manner and form explained in the Notice. All Class
members will be bound by the Settlement even if they do not submit
a timely Proof of Claim.
Objections: If you are a Class member, you have the right to object
to the Settlement, the Plan of Allocation, the request by Lead
Counsel for an award of attorneys' fees, and/or the request for an
award to Lead Plaintiff in connection with its representation of
the Class. Any objections must be filed with the Court and sent to
Lead Counsel and Defendants' counsel such that they are received by
September 8, 2026, in the manner and form explained in the Notice
available at www.BiogenSecuritiesLitigation.com.
June 16, 2026
By Order of the Court United States District Court, District of
Massachusetts
BLACK ROCK: Aiello Files Suit Over Share Price Drop
---------------------------------------------------
STEPHEN AIELLO, individually and on behalf of all others similarly
situated, Plaintiff v. BLACK ROCK COFFEE BAR, INC., MARK D. DAVIS,
RODDERICK F. BOOTH, JEFF HERNANDEZ, DANIEL BRAND, JAKE SPELLMEYER,
BRYAN PEREBOOM, RICHARD FEDERICO, GOLDSMITH-GROVER, SARAH ANDREW
BRAITHWAITE, KRISTINA CASHMA, J.P. MORGAN SECURITIES LLC, JEFFERIES
LLC, MORGAN STANLEY & CO. LLC, ROBERT W. BAIRD & CO. INCORPORATED,
STIFEL, NICOLAUS & COMPANY, INCORPORATED, WILLIAM BLAIR & COMPANY,
L.L.C., RAYMOND JAMES & ASSOCIATES, INC., Defendants, Case No.
1:26-cv-05181 (S.D.N.Y., June 18, 2026) is a class action on behalf
of the Plaintiff and all persons and entities that purchased or
otherwise acquired Black Rock Coffee: (a) Class A common stock
pursuant and/or traceable to the registration statement and
prospectus issued in connection with the Company's September 2025
initial public offering; and/or (b) securities between September
12, 2025 and May 12, 2026, inclusive, pursuing claims against under
the Securities Act of 1933 and the Securities Exchange Act of
1934.
On September 15, 2025, the Company filed its prospectus on Form
424B4 with the SEC, which forms part of the Registration Statement.
In the IPO, the Company sold 16,911,764 shares of Class A common
stock at a price of $20.00 per share.
In the Registration Statement and throughout the Class Period, the
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, the
Defendants failed to disclose to investors: (1) Black Rock Coffee's
new store openings were leading to a cannibalization of its
existing services and revenue; (2) Black Rock Coffee overstated the
manner in which its expansion strategy was tailored to avoid "sales
transfer"; (3) as a result of "sales transfer," the Company's
financial results were materially impacted; and (4) 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, says the suit.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, asserts the complaint.
Black Rock Coffee Bar, Inc. owns and operates a chain of
drive-through coffee bars.[BN]
The Plaintiff is represented by:
Rebecca Dawson, Esq.
GLANCY PRONGAY WOLKE & ROTTER LLP
230 Park Ave, Suite 358
New York, NY 10169
Telephone: (213) 521-8007
Facsimile: (212) 884-0988
E-mail: rdawson@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY WOLKE & ROTTER LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: clinehan@glancylaw.com
- and -
Frank R. Cruz, Esq.
THE LAW OFFICES OF FRANK R. CRUZ
2121 Avenue of the Stars, Suite 800
Century City, CA 90067
Telephone: (310) 914-5007
BMW OF NORTH AMERICA: Attys' Fee Award in Gelis Vacated on Appeal
-----------------------------------------------------------------
In the case of ARTEM V. GELIS; BHAWAR PATEL; CHRIS WILLIAMS;
ASHKOCK PATEL; KENNETH GAGNON ET AL., v. BMW OF NORTH AMERICA, LLC,
Appellant, Case No. 24-2721 (3d Cir.), the U.S. Court of Appeals
for the Third Circuit vacated the District Court's order awarding
attorneys' fees and remanded the case for further proceedings
consistent with its Opinion.
The case concerns whether a court may apply a lodestar multiplier
when awarding attorneys' fees under a contractual fee-shifting
provision. Although the Supreme Court has limited the use of
lodestar multipliers under federal fee-shifting statutes in Perdue
v. Kenny A. ex rel. Winn, it has not addressed their use in
contractual fee-shifting cases. BMW appealed the District Court's
use of a lodestar multiplier to calculate attorneys' fees under a
settlement agreement.
This appeal concerns the calculation of attorneys' fees following
the settlement of a consumer class action. The Plaintiffs sued BMW
of North America and its German parent company in September 2017,
alleging they sold vehicles with defective timing chains. After the
District Court partially granted BMW's motion to dismiss, the
Plaintiffs filed an amended complaint asserting 20 federal and
state claims on behalf of a nationwide class and 12 state-specific
subclasses.
The parties conducted four months of discovery before settling the
merits of the case through mediation. They later reached a separate
agreement on attorneys' fees, providing that the Class Counsel
would seek a reasonable fee award from the District Court, to be
paid separately by BMW. The Settlement Agreement capped the Class
Counsel's fee request at $3.7 million, while BMW agreed not to
oppose a request of up to $1.5 million.
After the District Court preliminarily approved the settlement, the
Class Counsel sought the maximum $3.7 million in attorneys' fees,
which BMW opposed. Applying the lodestar method, the District Court
found that the Class Counsel reasonably expended 2,713 hours at an
average hourly rate of $716, resulting in a $1.9 million lodestar.
It then applied a lodestar multiplier after considering the factors
set forth in Gunter v. Ridgewood Energy Corp. for awarding fees in
common-fund cases.
The District Court applied a 1.94 lodestar multiplier, increasing
Class Counsel's fee award to $3.7 million. BMW appealed, and the
U.S. Court of Appeals for the Third Circuit vacated the fee award
and remanded the case for further proceedings in Gelis v. BMW of N.
Am., LLC (Gelis I), 49 F.4th 371 (3d Cir. 2022).
In Gelis I, the Third Circuit held that the record did not support
the $3.7 million fee award because the Class Counsel submitted only
three one-page summary billing charts with vague descriptions,
preventing the Court from determining whether the hours billed were
reasonable or duplicative.
BMW also argued that the District Court improperly applied a
lodestar multiplier. Although the Third Circuit declined to decide
that issue in Gelis I, it noted that the fee award arose under the
parties' settlement agreement, not a fee-shifting statute, and
observed that the District Court had not adequately explained its
reasons for applying the multiplier.
On remand, the Class Counsel submitted detailed billing records and
again sought $3.7 million in attorneys' fees. They claimed 2,877
hours of work, including an additional 164 hours incurred after the
initial fee request, at an average hourly rate of $726, with the
hours allocated across pre-litigation, discovery, motion practice,
settlement, class administration, and final approval activities.
Although the District Court found some of the Class Counsel's
billed hours appeared high, it approved them in full because of the
case's complexity and technical nature. Using a baseline lodestar
of approximately $2.1 million, the court again applied a lodestar
multiplier after considering the Gunter and In re AT&T Corp.
Securities Litigation factors, this time reducing the multiplier to
1.75. The resulting fee award again totaled $3.7 million.
BMW appealed again, arguing that the District Court erred in
awarding the Class Counsel $3.7 million in attorneys' fees because
the Settlement Agreement did not authorize a lodestar multiplier,
no fee enhancement was warranted, and the court improperly
calculated the baseline lodestar by finding all of Class Counsel's
requested hours reasonable.
The Third Circuit held that the Supreme Court's limitations on
lodestar multipliers in statutory fee-shifting cases also apply to
contractual fee-shifting cases. Although the Settlement Agreement
authorized the District Court to consider a lodestar multiplier
under federal law, the court erred by applying a 1.75 multiplier
without following the principles set forth in Perdue, including the
strong presumption that the unenhanced lodestar is reasonable. The
Third Circuit also found errors in the calculation of the baseline
lodestar and left the determination of reasonable hours to the
District Court on remand. Accordingly, it vacated the attorneys'
fee award and remanded for further proceedings consistent with its
Opinion.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/ODSlaJDlx.
Melissa Bayly -- melissa.bayly@bipc.com -- Christopher J. Dalton --
christopher.dalton@bipc.com -- [Argued] Argia J. DiMarco --
argia.dimarco@bipc.com -- BUCHANAN INGERSOLL & ROONEY Counsel for
Appellant.
Gary S. Graifman -- ggraifman@kgglaw.com -- KANTROWITZ GOLDHAMER &
GRAIFMAN Bruce H. Nagel -- bnagel@nagelrice.com -- [Argued] Robert
H. Solomon -- rsolomon@nagelrice.com -- NAGEL RICE Counsel for
Appellees.
C&S WHOLESALE: Flores Class Suit Removed to E.D. Cal.
-----------------------------------------------------
The Defendant in the case of NICEFORO FLORES, individually and on
behalf of all others similarly situated, Plaintiff v. C&S WHOLESALE
GROCERS, LLC; and DOES 1 through 10, inclusive, Defendants, filed a
notice to remove the lawsuit from the Superior Court of the State
of California, County of San Joaquin (Case No.
STK-CV-UOE-2026-3097) to the U.S. District Court for the Eastern
District of California on June 26, 2026.
The clerk of court for the Eastern District of California assigned
Case No. 2:26-cv-02278-AC. The case is assigned to Judge Allison
Claire.
C&S Wholesale Grocers, Inc. distributes grocery products and
provides food solutions across the wholesale grocery industry. The
Company offers supply chain solutions, category management, and
operates corporate-run grocery stores. [BN]
The Defendants are represented by:
Matthew C. Kane, Esq.
Amy E. Beverlin, Esq.
Kerri H. Sakaue, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067-4508
Telephone: (310) 820-8800
Facsimile: (310) 820-8859
Email: mkane@bakerlaw.com
abeverlin@bakerlaw.com
ksakaue@bakerlaw.com
- and -
Sylvia J. Kim, Esq.
BAKER & HOSTETLER LLP
Transamerica Pyramid
600 Montgomery Street, Suite 3100
San Francisco, CA 94111-2806
Telephone: (415) 659-2600
Facsimile: (415) 659-2601
Email: sjkim@bakerlaw.com
CATALYST BRANDS: Fails to Prevent Data Breach, Charleston Says
--------------------------------------------------------------
NATASHA CHARLESTON and BRENDA MARITZA TREVIZO NAVA, individually
and on behalf of all others similarly situated, Plaintiffs v.
CATALYST BRANDS LLC; and PENNEY OPCO LLC doing business as
JCPENNEY, Defendants, Case No. 4:26-cv-00722-MJT (E.D. Tex., June
26, 2026) is an action against the Defendants for its failure to
properly secure and safeguard personal identifiable information of
the Plaintiff and the Class.
According to the Plaintiffs in the complaint, by obtaining,
collecting, using, and deriving a benefit from Plaintiffs' and
Class members' PII, the Defendants assumed legal and equitable
duties to those individuals to protect and safeguard that
information from unauthorized access and intrusion.
The Defendants disregarded the Plaintiffs' and Class members'
rights by intentionally, willfully, recklessly, or negligently
failing to take and implement adequate and reasonable measures to
ensure that Plaintiffs' and Class members' PII was safeguarded,
failing to take available steps to prevent an unauthorized
disclosure of data, and failing to follow applicable, required and
appropriate protocols, policies and procedures regarding the
encryption of data, even for internal use, says the suit.
Catalyst Brands LLC is an operator of retailer and distributor of
apparel and accessories. [BN]
The Plaintiffs are represented by:
Leigh S. Montgomery, Esq.
ELLZEY KHERKHER SANFORD
MONTGOMERY, LLP
4200 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
Email: lmontgomery@eksm.com
- and -
Marc H. Edelson, Esq.
Liberato P. Verderame, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
Email: medelson@edelson-law.com
lverderame@edelson-law.com
CHIRON FINANCIAL: Hirner-Couderc et al. Sue For Labor Law Breaches
------------------------------------------------------------------
FLORENCE HIRNER-COUDERC, CANDICE HUBERT, BRYAN PHILLIPS, and
MICAELA SIEKMANN GUERRERO, individually and on behalf of all others
similarly situated, Plaintiffs v. CHIRON FINANCIAL LLC; CF
MANAGEMENT HOLDINGS LLC; CHIRON FINANCIAL UK LIMITED; TODD HASS,
Individually; and JAY KRASOFF, Individually, Defendants, Case No.
4:26-cv-04597 (S.D. Tex., June 10, 2026) seeks to recover unpaid
wages, unpaid commissions, back wages, unremitted retirement-plan
contributions, liquidated damages, additional damages, attorney's
fees, and costs pursuant to the Fair Labor Standards Act of 1938,
the Employee Retirement Income Security Act of 1974, and Texas
common and statutory law.
During Plaintiffs' employment, the Plaintiffs regularly worked in
excess of 40 hours per week. However, the Defendants did not pay
any Plaintiff an overtime premium for any hours worked in excess of
40 in any workweek, says the suit.
The Plaintiffs further bring this action under Texas law for breach
of contract, violation of the Texas Theft Liability Act, quantum
meruit, fraud and fraudulent inducement, civil conspiracy, and
unjust enrichment because Defendants agreed to pay Plaintiffs their
salaries, wages, and earned commissions but failed and refused to
do so.
Chiron Financial LLC is an investment bank headquartered in
Houston, TX. [BN]
The Plaintiffs are represented by:
James R. Long, Esq.
LONG TRIAL FIRM, PLLC
1000 Main Street, Suite 2300
Houston, TX 77002
Telephone: (832) 329-8147
Facsimile: (832) 406-3161
E-mail: jlong@longtrialfirm.com
CHRIS PIAETE: Talamante Must File Class Cert Bid by Oct. 12
-----------------------------------------------------------
In the class action lawsuit captioned as TIMOTHY TALAMANTE, et al.,
v. CHRIS PIAETE, et al., Case No. 3:24-cv-00509-ART-CLB (D. Nev.),
the Court entered an order granting the stipulation to extend class
certification and corresponding deadlines by 60 days as follows:
The Plaintiffs' class certification expert Aug. 13, 2026
disclosures and reports:
The Defendants' class certification expert Sept. 14, 2026
disclosures and reports:
Completion of expert depositions Sept. 28, 2026
related to class certification:
The Plaintiffs' motion for class certification: Oct. 12, 2026
The Defendants' opposition to motion for Nov. 2, 2026
class certification:
The Plaintiffs' reply in support of motion Nov. 16, 2026
for class certification:
Discovery cut-off: Nov. 30, 2026
Dispositive motion deadline: Jan. 4, 2027
All other provisions of the Scheduling Order as previously modified
shall remain in effect.
This is a putative class action brought under 42 U.S.C. section
1983 and related state law claims concerning conditions and
practices within a state correctional facility.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=a4yX4C at no extra
charge.[CC]
The Plaintiffs are represented by:
Anthony P. Sgro, Esq.
Elaine Odeh, Esq.
SGRO & ROGER
2901 El Camino Avenue, Suite 204
Las Vegas, NV 89102
Telephone: (702) 384-9800
Facsimile: (702) 665-4120
E-mail: tsgro@sgroandroger.com
eodeh@sgroandroger.com
The Defendants are represented by:
Victoria Corey, Esq.
OFFICE OF THE ATTORNEY GENERAL
1 State of Nevada Way., Ste. 100
Las Vegas, NV 89119
CHRISTIAN DIOR: Dalton Seeks Equal Website Access for the Blind
---------------------------------------------------------------
JULIE DALTON, individually and on behalf of all others similarly
situated, Plaintiff v. CHRISTIAN DIOR, INC., Defendant, Case No.
0:26-cv-03092 (D. Minn., June 25, 2026) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.dior.com, is not fully or equally accessible to blind and
visually-impaired consumers, including the Plaintiff, in violation
of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Christian Dior, Inc. was founded in 1946. The Company's line of
business includes owning or leasing franchises, patents, and
copyrights. [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
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CHUBBIES INC: Dalton Seeks Equal Website Access for the Blind
-------------------------------------------------------------
JULIE DALTON, individually and on behalf of all others similarly
situated, Plaintiffs v. CHUBBIES, INC., Defendant, Case No.
0:26-cv-03102-MJD-EMB (D. Minn., June 6, 2026) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.chubbiesshorts.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Chubbies, Inc. designs and sells casual and athletic apparel for
men and kids in the apparel and fashion industry. [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
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CLOUDFLARE INC: Faces Class Suit Over Recapitalization Proposal
---------------------------------------------------------------
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, individually and on
behalf of all others similarly situated, Plaintiff v. MATTHEW
PRINCE; MICHELLE ZATLYN; SCOTT SANDELL; KARIM LAKHANI; KATRIN
SUDER; STACEY CUNNINGHAM; JOHN GRAHAMCUMMING; MARK HAWKINS; CARL
LEDBETTER; and CLOUDFLARE, INC., Defendants, Case No. 2026-0848
(Del. Ch., June 26, 2026) is an action seeking to challenge the
Recapitalization, a conflicted controller transaction specifically
designed to allow Cloudflare's Co-Founders and controlling
stockholders, Matthew Prince and Michelle Zatlyn, to continue to
liquidate massive amounts of their equity while retaining majority
voting control of the Company.
According to the Plaintiff in the complaint, the Recapitalization
provides the Co-Founders a nonratable benefit -- the ability to
sell massive amounts of equity while maintaining control.
Nevertheless, the Recapitalization proposal only requires the
affirmative vote of the holders of the Company's outstanding common
stock. In other words, as the Proxy admits, the Co-Founders "have
the power to approve and adopt the Charter amendments without the
affirmative vote of any other stockholder," says the Plaintiff.
Cloudflare, Inc. designs and develops software solutions. The
Company offers platform for load balancing, video streaming,
security, analysis, and domain registration. [BN]
The Plaintiff is represented by:
Daniel E. Meyer, Esq.
JOHNSON VAN KWAWEGEN LLP
221 W. 10th Street, Suite 423
Wilmington, DE 19801
Telephone: (302) 330-8002
Email: Daniel@jvk-law.com
- and -
Jeroen van Kwawegen, Esq.
Edward G. Timlin, Esq.
Christopher J. Orrico, Esq.
Aasiya Mirza Glover, Esq.
JOHNSON VAN KWAWEGEN LLP
485 Madison Avenue, 15th Floor
New York, NY 10022
Telephone: (646) 836-9630
COMPASS INC: Faces Class Action Lawsuit Over Transaction Fees
-------------------------------------------------------------
Andrea V. Brambila, writing for Real Estate News, reports that a
Florida couple who purchased a home in 2024 using a Compass agent
is challenging the legality of a transaction fee added to their
purchase contract.
-- Compass noted in February that it was rolling out such fees
nationwide and acknowledged the fees as a revenue stream in their
Q1 earnings report.
-- The brokerage has said charging an administrative fee is a
common practice "and is done by many other brands in the
industry."
A purported class-action lawsuit filed against Compass this week
challenges a practice common to some, but not all, brokerages:
charging consumers fixed transaction fees, also known as
administrative fees.
A revenue-generation tactic
In February, a month after its acquisition of Anywhere Real Estate,
Compass began charging buyers and sellers nationwide a fixed
transaction fee of "around several hundred dollars," depending on
the state, according to The Real Deal. The new fee represented an
opportunity "for Compass to improve its bottom line, with more
money earned per deal through the transaction fee," the news outlet
reported.
Compass' first-quarter earnings report acknowledged the fees as a
revenue stream but did not break them down or quantify them
separately from gross commission income. "We primarily generate
revenue from our owned-brokerage business when we collect a share
of the gross sales commissions that these real estate professionals
earn from home sales and certain other fees, such as flat
transaction commission fees," the report said.
Such transaction fees, or "admin fees," have been characterized as
"junk" fees that go straight to a brokerage's bottom line (rather
than to agents) and make America's home affordability crisis
worse.
'Standard practice' for many brokerages
Compass has repeatedly defended the additional fees, stating that
charging a transaction fee "has been standard practice in major
markets" -- including Chicago, Philadelphia, Washington, D.C., and
parts of Florida -- "for years, and is done by many other brands in
the industry."
Compass did not respond to further questions regarding the fees'
nationwide rollout; what the fees cover, and whether that is
disclosed to buyers and sellers; why Compass charges such fees on
top of commissions; or whether Compass plans to roll out the fees
to its recently acquired Anywhere brands.
An 'illegal' and 'unreasonable' add-on
The Compass transaction fee challenged in a June 23 complaint filed
in a Palm Beach County Florida circuit court concerns a home
purchase that occurred in August 2024, before this year's
nationwide fee expansion.
Jeff and Milissa Efron have accused Compass of "unfair and
deceptive business practices" for allegedly uniformly charging "an
undisclosed flat-fee to all Florida purchasing clients." In the
Efrons' case, they said they paid $475 at closing despite Compass
allegedly telling them "that as the agents of the buyers, their
efforts would be paid from the commission paid by sellers."
The couple claimed that their purchase contract -- submitted with
the complaint as an exhibit -- was a standard purchase and sale
agreement approved by Florida Realtors and the Florida bar that had
then been amended to include "additional terms" and signed by the
couple. A closing statement showed the sellers paid a 2.5%
commission to both Compass and to SERHANT, the listing brokerage.
The complaint alleged that "the modification of a contract approved
by the Florida Bar by a non-lawyer is the illegal practice of law,"
and that the transaction fee the Efrons paid violates the Florida
Consumer Collections Practices Act and the Florida Deceptive and
Unfair Trade Practices Act because it is "unreasonable,
illegitimate, excessive . . . or were for services which were not
performed."
The suit seeks class status to include all buyers who paid such a
fee to Compass Florida over the past four years before the filing
of the complaint -- a number estimated to be "at least" in the
hundreds.
A blueprint for future litigation?
Flat transaction fees are not unique to Compass. The closing
statement for the Efrons' purchase showed the home's seller paid a
$495 transaction fee to SERHANT on top of the listing brokerage's
commission.
But as the commissions lawsuits showed, just because a practice is
widespread does not mean it cannot be meaningfully challenged. If
successful, the Efron suit could serve as a template to pursue
similar litigation against Compass or other brokerages charging
such fees in other states.
Asked whether NAR offered any guidance for members regarding
consumer transaction fees, a spokesperson said, "Core to the
[Realtor] Code of Ethics is the requirement that members must act
in the best interests of their clients. This includes explaining
and disclosing all contracts related to the transaction in clear
and understandable language and avoiding the misrepresentation of
pertinent facts." [GN]
CORNELL UNIVERSITY: Appeals Class Certification Order in Corzo Suit
-------------------------------------------------------------------
CORNELL UNIVERSITY, et al. are taking an appeal from a court order
granting the Plaintiffs' motion to certify class in the lawsuit
entitled Andrew Corzo, et al., individually and on behalf of all
similarly situated, Plaintiffs, v. Cornell University, et al.,
Defendants, Case No. 1:22-cv-00125-MFK, in the U.S. District Court
for the Northern District of Illinois.
As previously reported in the Class Action Reporter, the suit
alleges the participation of the Defendants in a price-fixing
cartel that is designed to reduce or eliminate financial aid as a
locus of competition, and that in fact has artificially inflated
the net price of attendance for students receiving financial aid,
in violation of the Section 1 of the Sherman Act.
The Plaintiffs filed a motion to certify class, which Judge Matthew
Kennelly granted on Mar. 31, 2026.
The Court certifies a class consisting of all persons who have
during the "class period" (a) enrolled in one or more of
Defendants' full-time undergraduate programs, (b) received at least
some need-based financial aid from one or more Defendants, and (c)
whose tuition, fees, room, or board to attend one or more of
Defendants' full-time undergraduate programs was not fully covered
by the combination of any types of grant or merit aid in any
undergraduate year. The remaining named Plaintiffs are appointed as
class representatives and should be identified in the class notice.
Steven Molo and MoloLamken LLC are appointed as lead counsel for
the class, and Freedman Norman Friedland LLP and Berger Montague PC
are appointed as co-counsel for the class. The parties are directed
to confer regarding an appropriate form of notice and are to submit
an agreed notice, or competing proposals if they cannot agree in
good faith, by June 10, 2026.
The appellate case is styled as Andrew Corzo, et al. v. Cornell
University, et al., Case No. 26-8014, in the United States Court of
Appeals for the Seventh Circuit, filed on June 15, 2026. [BN]
Plaintiffs-Respondents ANDREW CORZO, et al., individually and on
behalf of all similarly situated, are represented by:
Steven F. Molo, Esq.
Matthew E. Gold, Esq.
Lauren Dayton, Esq.
Eugene A. Sokoloff, Esq.
Eric A. Posner, Esq.
MOLOLAMKEN LLP
300 North LaSalle Street, Suite 5350
Chicago, IL 60654
Telephone: (312) 450-6707
Email: smolo@mololamken.com
mgold@mololamken.com
ldayton@mololamken.com
esokoloff@mololamken.com
eposner@mololamken.com
- and -
Eric L. Cramer, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Email: ecramer@bergermontague.com
- and -
Richard Schwartz, Esq.
BERGER MONTAGUE PC
110 N. Wacker Drive
Chicago, IL 60606
Telephone: (773) 257-0255
Email: rschwartz@bergermontague.com
- and -
Edward J. Normand, Esq.
Richard Cipolla, Esq.
FREEDMAN NORMAND FRIEDLAND LLP
10 Grand Central
155 E. 44th Street, Suite 915
New York, NY 10017
Telephone: (646) 494-2900
Email: tnormand@fnf.law
rcipolla@fnf.law
- and -
Robert E. Litan, Esq.
BERGER MONTAGUE PC
1001 G. Street, NW, Suite 400 East
Washington, DC 20001
Telephone: (202) 559-9745
Email: rlitan@bergermontague.com
Defendants-Petitioners CORNELL UNIVERSITY, et al. are represented
by:
David Gringer, Esq.
Alan Schoenfeld, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Telephone: (212) 230-8800
Email: david.gringer@wilmerhale.com
alan.schoenfeld@wilmerhale.com
- and -
Seth P. Waxman, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
2100 Pennsylvania Avenue NW
Washington, DC 20037
Telephone: (202) 663-6000
Email: seth.waxman@wilmerhale.com
- and -
Norman Armstrong, Esq.
COOLEY LLP
1299 Pennsylvania Avenue, NW, Suite 700
Washington, DC 20004
Telephone: (202) 842-7800
Email: norman.armstrong@cooley.com
- and -
Edward W. Feldman, Esq.
MILLER SHAKMAN LEVINE & FELDMAN LLP
180 North LaSalle Street, Suite 3600
Chicago, IL 60601
Telephone: (312) 263-3700
Email: efeldman@millershakman.com
- and -
Britt M. Miller, Esq.
Daniel T. Fenske, Esq.
MAYER BROWN LLP
71 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 782-0600
Email: bmiller@mayerbrown.com
dfenske@mayerbrown.com
- and -
Robert A. Van Kirk, Esq.
Sarah F. Kirkpatrick, Esq.
Matthew D. Heins, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Ave. SW
Washington, DC 20024
Telephone: (202) 434-5000
Email: rvankirk@wc.com
skirkpatrick@wc.com
mheins@wc.com
- and -
Eric Mahr, Esq.
Jan Rybnicek, Esq.
Andrew Henderson, Esq.
FRESHFIELDS US LLP
700 13th Street, NW
Washington, DC 20005
Telephone: (202) 777-4500
Email: eric.mahr@freshfields.com
jan.rybnicek@freshfields.com
andrew.henderson@freshfields.com
COSTCO WHOLESALE: West Sues Over Deceptive Dog Food Labels
----------------------------------------------------------
TAYLOR WEST, individually and on behalf of all others similarly
situated, Plaintiff v. COSTCO WHOLESALE CORPORATION, a Washington
corporation, Defendant, Case No. 2:26-cv-2182 (W.D. Wash., June 23,
2026) arises from the Defendant's sale of its Kirkland Signature
Nature's Domain grain-free dog food.
The complaint relates that the Defendant misleadingly markets
Nature's Domain grain-free dog food as healthy and safe when, in
fact, there is no medical or scientific justification for feeding a
dog a grain-free diet high in legume or pulse ingredients, and
every dog that consistently consumes Nature's Domain grain-free dog
food has an increased risk of developing the fatal heart disease
dilated cardiomyopathy ("DCM") and related cardiac damage. The
recognition of diet-associated DCM and history of these lamb and
rice diets put any prudent dog food retailer on notice that novel,
untested formulations should be adequately tested for potential
cardiac risks before and during commercial distribution. Despite
this notice and knowledge, upon information and belief, Defendant
conducted no feeding study to assess the safety of Nature's Domain
grain-free dog food prior to selling it. To this day, Defendant has
not publicly disclosed any feeding study substantiating any of its
health and safety claims.
The Plaintiff is a citizen and a resident of Santa Clarita,
California who purchased Nature's Domain grain-free dog food at a
Costco retail store located in Pacoima, CA. Prior to his purchase,
Mr. West reviewed the packaging and marketing materials of the
product and saw the claims representing that Nature's Domain is
healthy and safe. But these representations and warranties are
false, deceptive, misleading, and omitted material facts. He would
not have purchased Nature's Domain grain-free dog food if the true
facts about its health risks had been known. As a direct result of
Defendant's material misrepresentations and omissions, Mr. West
suffered, and continues to suffer, economic injury, the complaint
contends.
Defendant Costco Wholesale Corporation is a Washington corporation
engaged in the business of marketing, distributing, advertising,
and selling consumer goods throughout Washington, California, and
the United States, including its private-label brand dog food,
Kirkland Signature Nature's Domain grain-free dog food product at
issue in this lawsuit.[BN]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
Rebecca Solomon, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: 206-682-5600
Facsimile: 206-682-2992
E-mail: kstephens@tousley.com
rsolomon@tousley.com
- and -
Patrick J. Stueve, Esq.
Todd E. Hilton, Esq.
Stephen D. Ahal, Esq.
Joy D. Merklen, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: 816-714-7100
Facsimile: 816-714-7101
E-mail: stueve@stuevesiegel.com
hilton@stuevesiegel.com
ahal@stuevesiegel.com
merklen@stuevesiegel.com
- and -
Christopher S. Shank, Esq.
David L. Heinemann, Esq.
SHANK & HEINEMANN, LLC
1968 Shawnee Mission Pkwy, Suite 100
Mission Woods, KS 66205
Telephone: 816-471-0909
Facsimile: 816-471-3888
E-mail: chris@shanklawfirm.com
david@shanklawfirm.com
- and -
John J. Schirger, Esq.
Joseph M. Feierabend, Esq.
Katherine A. Feierabend, Esq.
SCHIRGER FEIERABEND LLC
6811 Shawnee Mission Parkway, Suite 312
Overland Park, KS 66202
Telephone: 816-561-6500
E-mail: schirger@sflawyers.com
feierabend@sflawyers.com
kfeierabend@sflawyers.com
COVE DRINKS: Faces Class Action Suit Over Falsely Advertised Sodas
------------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that a proposed class
action lawsuit claims that Cove Drinks misleadingly markets its
probiotic sodas as being free from artificial sweeteners even
though the sodas contain commercially manufactured erythritol.
The 24-page lawsuit asserts that the packaging for Cove probiotic
sodas includes a prominent statement that the drinks contain "No
Artificial Sweeteners." This representation, along with marketing
claims that Cove sodas are "naturally sweetened" to produce a
"pleasant taste without artificial additives," is understood by
reasonable consumers to mean that the products are healthier and
less processed than foods that contain artificial ingredients, the
suit alleges.
However, the filing says that despite repeated representations on
the product's packaging and Cove's marketing campaigns, including
social media and other online advertisements, each flavor of the
probiotic soda contains anywhere from 8 to 12 grams of industrially
manufactured erythritol, a sugar alcohol that is naturally found in
low levels in fruits such as cantaloupes, pears and grapes.
While erythritol can be derived from fruit, the case says it is not
"economically feasible" for food manufacturers to use natural
erythritol in commercial food products because of the
"extraordinarily" high cost of extracting the sweetener from
fruits. The lawsuit notes that 50 pounds of fruit would only
generate one gram of naturally occurring erythritol.
Instead, the erythritol in Cove probiotic sodas is manufactured
without any fruit substrate by fermenting strains of the
microorganism Moniliella pollinis in a multi-step process, the case
relays.
The complaint explains that because erythritol used in Cove's
beverages is manufactured through industrial fermentation and its
only purpose is to sweeten the sodas, it is considered an
artificial sweetener. As a result, Cove's claims that the drinks
contain "No Artificial Sweeteners" are misleading and deceptive,
per the case.
The false advertising lawsuit conveys that consumers tend to
believe that products free from artificial sweeteners are healthier
and less processed, noting that academic literature on consumer
behavior confirms that buyers tend to "conflate" natural products
with healthy products. Indeed, the suit states that one study of
over 4,000 European consumers found that over 75 percent of the
respondents believed there was a "close connection" between how
natural a food is and its healthfulness.
The plaintiff purchased multi-packs of Cove Drinks' probiotic soda
after being encouraged by friends and family to seek out healthier
alternatives to regular soda, the lawsuit says, with the reasonable
and commonly held belief that a product with no artificial
sweeteners is more healthful. The suit alleges that Cove's
misleading representations leave the plaintiff with a product that
is worth substantially less than what she paid.
The Cove Drinks class action lawsuit looks to cover all consumers
in the state of California who purchased Cove sodas marketed with
the representation "No Artificial Sweeteners" that contained
erythritol within four years prior to the complaint's filing. [GN]
DRISCOLL'S INC: Berlinger Sues Over Mislabeled Strawberries
-----------------------------------------------------------
ROBERT BERLINGER; ROBERT DUXLER; FRANCESCA HAMMERSMITH; MARIA
KHANGI; PHYLICIA WASHINGTON; and BIANCA WEINS, individually and on
behalf of all others similarly situated, Plaintiffs v. DRISCOLL'S,
INC., Defendant, Case No. 5:26-cv-06444 (N.D. Cal., June 26, 2026)
alleges violation of the Illinois Consumer Fraud and Deceptive
Practices Act, the New York's Deceptive Practices Act, New York's
Deceptive Practices Act, New Jersey Consumer Fraud Act, and the
Massachusetts General Laws.
According to the complaint Driscoll's marketing, labeling, and sale
of Strawberries that it represents to consumers as being produced
"subject to rigorous food safety and quality standards" while
failing to disclose the presence, risk of, and use of persistent
fluorinated pesticide compounds associated with so-called "forever
chemicals" and PFAS-related compounds.
Driscoll's, Inc. grows and distributes fresh strawberries,
blueberries, raspberries, and blackberries. The Company partners
with independent growers to supply berries and markets them to
consumers and retailers. [BN]
The Plaintiffs are represented by:
M. Elizabeth Graham, Esq.
GRANT & EISENHOFER P.A.
2325 Third Street, Suite 329
San Francisco, CA 94107
Telephone: (415) 229-9720
Email: egraham@gelaw.com
- and -
Jennifer Sarnelli, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Ave., 29th Floor
New York, NY 10017
Telephone: (646) 722-8504
Email: jsarnelli@gelaw.com
DUBLIN FARMS: Suit Seeks Migrant Agricultural Workers' Proper Wages
-------------------------------------------------------------------
Lauriel Wright, individually on behalf of herself, and on behalf of
all others similarly situated, Plaintiff v. Dublin Farms, Inc.,
Johnnie Kemp, Eldria Kemp, JSKemp & Brothers LLC, and Hickman
Property Holdings, LLC, Defendants, Case No. 2:26-cv-00623 (E.D.
Va., June 18, 2026) is an action brought by the Plaintiff arising
from the Defendants' violations of her rights under the Migrant and
Seasonal Agricultural Worker Protection Act and the Virginia Wage
Payment Act.
This action is brought on behalf of a class of dozens of migrant
agricultural workers who graded and packed potatoes at Dublin
Farms, Inc.'s potato packing facility during the 2023 and 2024
potato harvest seasons. Johnnie Kemp, Eldria Kemp, and JSKemp &
Brothers LLC (collectively Kemp Defendants) recruited, directly or
through an agent, Plaintiff and class members in Florida for farm
work in Virginia. In recruiting and employing Plaintiff and class
members, the Kemp Defendants violated numerous provisions of the
AWPA, which was designed to protect migrant farm workers from
ending up in abusive situations far from their homes.
The Kemp Defendants failed to pay Plaintiff and similarly situated
individuals for all hours worked and took out illegal, undisclosed
deductions from workers' pay -- either directly or by demanding
that workers turn over portions of their wages after receiving
their wages, says the suit.
Additionally, Dublin Farms likewise played a substantial role in
determining the essential terms and conditions of the workers'
employment. As a joint employer of Plaintiff and class members,
Dublin Farms is liable for violations of the workers' rights under
the AWPA and the VWPA, the suit alleges.
Dublin Farms is a Virginia stock corporation owned or controlled by
the Hickman family, including David Hickman and Mark Hickman.
Dublin Farms grows, harvests, and sells potatoes to grocers
throughout Virginia, Maryland, and North Carolina, and is engaged
in the production of vegetables for sale in interstate
commerce.[BN]
The Plaintiff is represented by:
Rachel Nadas, Esq.
Matthew K. Handley, Esq.
HANDLEY FARAH & ANDERSON PLLC
1050 Connecticut Avenue NW, Suite 500
Washington, DC 20001
Telephone: (202) 899-2991
E-mail: rnadas@hfajustice.com
mhandley@hfajustice.com
- and -
Martha Guarneiri, Esq.
HANDLEY FARAH & ANDERSON PLLC
230 S. Broad Street, 17th Floor
Philadelphia, PA 19102
Telephone: (215) 422-3478
E-mail: mguarnieri@hfajustice.com
- and -
Jason B. Yarashes, Esq.
Kristin F. Donovan, Esq.
Rachel C. McFarland, Esq.
LEGAL AID JUSTICE CENTER
1000 Preston Avenue, Suite A
Charlottesville, VA 22903
Telephone: (434) 529-1813
Facsimile: (434) 977-0558
E-mail: jasony@justice4all.org
kristin@justice4all.org
rmcfarland@justice4all.org
ELECTRONIC COMMODITIES: Equal Website Access for the Blind Sought
-----------------------------------------------------------------
DANIEL CROSBY, individually and on behalf of all others similarly
situated, Plaintiff v. ELECTRONIC COMMODITIES EXCHANGE, L.P. d/b/a
RITANI, Defendant, Case No. 1:26-cv-05448 (S.D.N.Y., June 26, 2026)
alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.ritani.com, is not fully or equally accessible to blind
and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Electronic Commodities Exchange, L.P. d/b/a Ritani is a premium
jewelry brand known for crafting custom engagement rings, wedding
bands, and loose diamonds. [BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
Email: rschonfeld@employeejustice.com
FIRST FEDERAL: Fails to Prevent Data Breach, Armstrong Says
-----------------------------------------------------------
PORTIA ARMSTRONG; ERICHA EVANS; ABIGAIL LIDDELL; SANDRA MCINNIS;
LORI OWENS; AMANDA PEARSON; FELISA WALTERS; and PAUL WATSON,
individually and on behalf of all others similarly situated,
Plaintiffs v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF
PASCAGOULAMOSS POINT, Defendant, Case No. 1:26-cv-00180-HSO-BWR
(S.D. Miss., June 26, 2026) is an action against the Defendant for
its failure to properly secure and safeguard sensitive information
of the Plaintiff and the Class.
According to the Plaintiff in the complaint, on June 10, 2026, a
known cybercriminal gang, WorldLeaks, claimed responsibility for a
cyberattack against the Defendant, during which the cybercriminals
were able to access and exfiltrate the Private Information of
potentially several thousand customers that the Defendant managed
(the "Data Breach").
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cybersecurity procedures and
protocols necessary to protect the Private Information entrusted to
Defendant for either services or employment or both.
First Federal Savings and Loan Association Pascagoulamoss Point
provides banking and financial products and services. [BN]
The Plaintiffs are represented by:
John W. ("Don") Barrett, Esq.
Katherine B. Riley, Esq.
BARRETT LAW GROUP, P.A.
404 Court Square
Lexington, MI 39095
Telephone: (662) 834-2488
Facsimile: (662) 834-2628
Email: dbarrett@barrettlawgroup.com
kbriley@barrettlawgroup.com
- and -
Gary Yarborough, Jr., Esq.
YARBOROUGH LAW FIRM, PLLC
P.O. Box 4168
Bay Saint Louis, MS 39521
Telephone: (228) 342-7987
Facsimile: (662) 834-2628
Email: Gary@yarboroughlaw.co
- and -
Marc H. Edelson, Esq.
Liberato P. Verderame, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
Email: medelson@edelson-law.com
lverderame@edelson-law.com
FIRST SOLAR: Day Suit Seeks Damages Over Share Price Drop
---------------------------------------------------------
CLAIRE DAY, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. FIRST SOLAR, INC., MARK R. WIDMAR, and
ALEXANDER R. BRADLEY, Defendants, Case No. 1:26-cv-03787 (E.D.N.Y.,
June 23, 2026) is a class action seeking to recover damages caused
by Defendants' violations of the federal securities laws and to
pursue remedies under the Securities Exchange Act of 1934 and Rule
10b-5, against the Company and certain of its top officials.
The complaint relates throughout the Class Period, Defendants made
materially false and misleading statements regarding the Company's
business, operations, and compliance policies. Specifically,
Defendants made false and/or misleading statements and/or failed to
disclose that: (i) Defendants had overstated First Solar's capacity
to manage the impact of U.S. tariff policy on the Company's
business; (ii) Defendants understated the extent to which its
responses to U.S. tariff policy, including the intentional
underutilization of production facilities in Malaysia and Vietnam,
and attempted relocation of production to the U.S., were likely to
negatively impact First Solar's projected performance in the 2026
fiscal year; and (iii) as a result, Defendants’ public statements
were materially false and misleading at all relevant times.
The truth began to emerge on January 7, 2026, when Jefferies
downgraded First Solar to Hold from Buy, noting that during 2025,
the Company had lowered guidance, faced significant de-bookings and
experienced margin compression through 2025. Jefferies also flagged
that "[international] facilities remain a pain point while tariffs
exist" and "underutilization at [international] facilities remains
a concern." The Jefferies analyst also predicted that First Solar's
deployment opportunities were likely to be more limited in 2026.
On this news, First Solar's stock price fell $27.67 per share, or
10.29%, to close at $241.11 per share on January 7, 2026.
Then, on February 24, 2026, First Solar issued a press release
"announc[ing] financial results for the fourth quarter and year
ended December 31, 2025." Among other items, First Solar announced
earnings that missed expectations by a wide margin and issued
lower-than-expected FY 2026 revenue guidance, citing customer
headwinds such as permitting delays under the Trump administration.
Following First Solar's announcement, Baird Research downgraded its
stock to Neutral from Outperform, citing "several question marks in
forward outlook."
On this news, First Solar's stock price fell $33.09 per share, or
13.61%, to close at $210.12 per share on February 25, 2026.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, asserts the complaint. The
Defendants seek damages by reason of the acts and transactions
alleged herein, plus prejudgment and post-judgment interest, as
well as their reasonable attorneys' fees, expert fees and other
costs.
Plaintiff Claire Day acquired First Solar securities at
artificially inflated prices during the Class Period and was
damaged upon the revelation of the alleged corrective disclosures.
Defendant First Solar, Inc. is a solar technology company that
provides photovoltaic ("PV") solar energy solutions. First Solar
manufactures and sells PV solar modules that convert sunlight into
electricity. Defendant Mark R. Widmar served as First Solar's Chief
Executive Officer. Defendant Alexander R. Bradley served as First
Solar's Chief Financial Officer.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: alieberman@pomlaw.com
ahood@pomlaw.com
GATEWAY CHURCH: Wins Dismissal of Second Amended Complaint
----------------------------------------------------------
In the case captioned as Katherine Leach, Garry K. Leach, Mark
Browder, and Terri Browder, individually and on behalf of
themselves and those similarly situated, Plaintiffs, v. Gateway
Church, Robert Morris, and Steve Dulin, Defendants, Civil Action
No. 4:24-cv-885 (E.D. Tex.), Judge Amos L. Mazzant III of the
United States District Court for the Eastern District of Texas,
Sherman Division, granted Gateway Church and Robert Morris's
motions to dismiss Plaintiffs' second amended complaint in a
Memorandum Opinion and Order.
Plaintiffs alleged that Gateway Church, its founder Robert Morris,
and Steve Dulin misrepresented how tithe dollars would be spent.
Plaintiffs claimed Defendants promised that 15 percent of tithes
would go to global missions and Jewish ministry partners, but
instead diverted funds to unspecified secret organizations.
Plaintiffs asserted claims for misrepresentation and fraud, breach
of contract, and violations of the Racketeer Influenced and Corrupt
Organizations Act, the last of which appeared for the first time in
the second amended complaint. Plaintiffs also alleged Defendants
refused to refund tithes after promising to do so.
Defendants moved to dismiss on several grounds, chief among them
the ecclesiastical abstention doctrine, which bars civil courts
from adjudicating matters of religious governance and doctrine. The
Court had previously denied a similar motion in its September 17
order, finding the first amended complaint implicated non-religious
conduct such as concealment and financial irregularities.
Defendants argued that the Fifth Circuit's intervening decision in
McRaney v. North American Mission Board of the Southern Baptist
Convention required a different outcome.
The Court agreed that McRaney controlled. It found that resolving
Plaintiffs' claims would require the Court to determine the meaning
of terms like global missions, Jewish ministry partners, and
outreach efforts, and to evaluate whether Gateway properly
allocated tithe funds among charitable purposes. The Court noted
Plaintiffs had not alleged that Morris, Dulin, or any other church
leader personally profited from the diverted funds, distinguishing
the case from one involving simple embezzlement. Because
Plaintiffs' claims centered on statements made during sermons, in
the church's Members' Handbook, and on its website, the Court held
that adjudicating them would require it to evaluate the truth of
religious teachings and internal management decisions, both of
which fall outside its jurisdiction under the First Amendment.
The Court dismissed Plaintiffs' claims in their entirety and
directed the Clerk to close the case. Because the claims were
dismissed, the Court denied as moot Gateway's motion to stay
discovery and Morris's motion to strike class allegations.
A copy of the Memorandum Opinion and Order dated June 23, 2026 is
available at https://urlcurt.com/u?l=Da0d51 from PacerMonitor.com.
GOOGLE LLC: Gomez Wrongful Termination Suit Removed to W.D. Wash.
-----------------------------------------------------------------
The case styled PEDRO GOMEZ, Plaintiff, v. GOOGLE LLC, a foreign
limited liability company, Defendant, Case No. 26-2-15407-4 SEA,
was removed from the Superior Court of King County, Washington, to
the U.S. District Court for the Western District of Washington on
June 10, 2026.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:26-cv-02027 to the proceeding.
The class action arises from Defendant's alleged wrongful
termination in violation of public policy, race
and disability discrimination, retaliation under the Washington Law
Against Discrimination, protected leave discrimination and
retaliation under Washington's Paid Family and Medical Leave
program, and violation of Washington's personnel file request
laws.
Headquartered in California, Google LLC provides internet related
services and products including web-based search and display
advertising tools, search engine, cloud computing, software, and
hardware. [BN]
The Defendant is represented by:
Melissa Mordy, Esq.
DAVIS WRIGHT TREMAINE LLP
929 108th Ave NE, Suite 1500
Bellevue, WA 98004
Telephone: (425) 646-6100
Facsimile: (425) 646-6199
E-mail: missymordy@dwt.com
- and -
Katie Loberstein, Esq.
Aliah McCord, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: katieloberstein@dwt.com
aliahmccord@dwt.com
GREATER ROCHESTER: Agrees to $2.15MM Data Breach Suit Settlement
----------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that Greater Rochester
Independent Practice Association (GRIPA) has agreed to a $2,150,000
settlement to resolve a class action lawsuit over the May 2023 data
breach affecting MOVEit, a file transfer software used by the
healthcare provider, that potentially exposed the information of
patients, other healthcare providers and physicians.
The $2.15 million Greater Rochester Independent Practice
Association class action settlement received preliminary approval
from the court on March 25, 2026. The deal covers all GRIPA
patients, individual healthcare providers and physicians in the
United States whose personally identifiable and/or protected
healthcare information was impacted by the MOVEit data breach.
Court documents state that approximately 280,616 people are covered
by the class action settlement.
The court-approved website for the GRIPA data breach settlement can
be found at MOVEitSettlementGRIPA.com.
Settlement class members who file a valid, timely claim form can
receive up to $2,500 for "ordinary" losses stemming from the
breach. This benefit covers expenses related to bank fees, phone
calls, cell charges, data charges, postage, travel, and the
purchase of credit reports, credit monitoring or other identity
theft insurance between May 31, 2023 and September 3, 2026.
Class members must submit proof, such as receipts, to receive an
ordinary-loss payment.
As part of this benefit, class members can also receive
reimbursement for up to four hours of lost time spent responding to
the breach, at a rate of $25 per hour.
Class members can also file a claim form for up to $10,000 for
"extraordinary losses" incurred between May 31, 2023 and September
3, 2026 due to the GRIPA data breach. This benefit covers the costs
of professional fees, credit repair services and other expenses not
covered by the ordinary-loss payout.
Class members must submit proof, such as receipts, to receive an
extraordinary-loss payment.
In lieu of an ordinary- or extraordinary-loss payout, class members
can instead file a claim form to receive an approximately $100 cash
payment, with no proof required. The final amount of this payment
may increase or decrease, depending on the total number of valid
claims filed.
In addition to any cash from the data breach settlement, all class
members can file a claim to receive two years of medical data and
credit monitoring, which includes identity theft insurance.
To file a GRIPA settlement claim form online, class members can
head to this page and log in using the claimant ID and password
found on their copy of the settlement notice. Alternatively, class
members can download a PDF of the claim form to print, fill out,
and return by mail to the settlement administrator.
All GRIPA settlement claim forms must be submitted online or by
mail by September 3, 2026.
The court will determine whether to grant final approval to the
Greater Rochester Independent Practice Association settlement
following a hearing on September 3, 2026. Compensation will begin
to be distributed to class members only after final approval is
granted and any appeals are resolved.
The Greater Rochester Independent Practice Association class action
lawsuit alleged that the sensitive information of the healthcare
group's patients, providers and physicians was exposed as a result
of a cyberattack on the third-party MOVEit file transfer software
utilized by GRIPA and numerous other healthcare providers and
institutions in May 2023.
Per court documents, private information that may have been
compromised by the breach included names, dates of birth, Social
Security numbers, health and treatment information, health
insurance information, prescription information and prescriber
information. [GN]
HARBOR DISTRIBUTING: Sanctions for AI Filing in Quinteros Affirmed
------------------------------------------------------------------
In the case of JAIME ARGUELLO AMAYA QUINTEROS, Plaintiff, v. HARBOR
DISTRIBUTING, LLC, et al., Defendants and Respondents; KEVIN A.
LIPELES et al., Objectors and Appellants, Case No. A174202 (cal.
App.), the Court of Appeals of California, First District, Division
Two, affirmed the trial court's order imposing monetary sanctions
against Lipeles Law Group and its attorneys.
This appeal arises from a sanctions order against Lipeles Law
Group, APC and its attorneys Kevin Lipeles, Thomas Schelly, and
Jasmine Badawi (together, LLG) for improperly using generative
artificial intelligence (AI) in filing an otherwise meritless
pleading. The trial court found the conduct violated Code of Civil
Procedure Section 128.7, subdivision (b), as well as the attorneys'
ethical and professional obligations. On appeal, LLG argued that
the trial court violated the safe harbor provision of Section
128.7, the sanctions were unwarranted, and any award of sanctions
to the opposing party was improper.
In 2024, LLG filed two putative class actions against Harbor
Distributing and related entities alleging California wage and hour
violations. The first, filed in Los Angeles on behalf of Sonia
Elizabeth Valero Ascensao, was later amended to add claims under
the Private Attorneys General Act (PAGA). The second, filed in San
Francisco on behalf of Jaime Arguello Amaya Quinteros, asserted
similar wage and hour claims and was likewise amended to include
PAGA claims.
In April, the parties' joint case management statement noted
Harbor's position that the later-filed San Francisco action should
be stayed under the doctrine of exclusive concurrent jurisdiction
because of the earlier Los Angeles action. Harbor moved to stay the
San Francisco case on June 13, arguing it was an overlapping,
duplicative action, and the trial court granted its request for
judicial notice of the Los Angeles complaint.
LLG opposed Harbor's motion to stay on June 27, arguing that
California law requires complete, rather than partial, overlap
between two actions before a stay is warranted. In reply on July 3,
Harbor argued that the opposition misstated the law, misrepresented
case authority, and relied on citations that contradicted the
cases' actual holdings while failing to address the factual basis
for staying the duplicative action.
On July 8, the trial court issued a tentative ruling granting
Harbor’s motion to stay under its inherent authority and the
doctrine of exclusive concurrent jurisdiction and indicated in a
footnote that it would separately issue an order to show cause
(OSC) regarding sanctions based on LLG’s miscitation of cases,
fabricated quotations, and misrepresentation of legal authority.
After LLG stipulated to the tentative ruling, the court adopted it
on July 9, finding the San Francisco and Los Angeles actions
substantially similar, involving nearly identical parties and
claims, with eight of nine causes of action overlapping and both
cases filed by the same law firm on behalf of closely related
classes.
In a separate OSC, the court found LLG's opposition contained
nonexistent citations, fabricated quotations, and serious
misstatements of controlling authority, including reliance on two
cases that did not exist as cited and at least eight fabricated
quotations attributed to reported decisions. It further noted that
if generated by artificial intelligence, the conduct was especially
concerning because the false quotations were attributed to real
cases, making them harder to detect, and concluded the conduct
appeared to violate Code of Civil Procedure Section 128.7,
subdivision (b), and ethical rules, ordering LLG to show cause why
$6,000 in sanctions and other relief should not be imposed.
In response to the OSC, Lipeles, Schelly, and Badawi each submitted
declarations apologizing to the court, denying any intent to
mislead, and asking that sanctions not be imposed. They explained
that LLG, as a small firm, regularly retained contract attorneys
for law and motion work, and that Badawi had engaged contract
attorney James Sansone to draft the opposition. They stated Sansone
had previously produced reliable work, giving them no reason to
question his legal research or citations. At the July 11 hearing,
after reviewing the declarations, the trial court criticized
Sansone for failing to acknowledge any mistakes, explain the
fabricated quotations and misstatements of law, or offer an
apology, then took the OSC under submission.
On July 16, the trial court issued a sanctions order against LLG,
finding the San Francisco action substantially duplicated an
earlier Los Angeles case and that LLG's opposition to the motion to
stay was groundless. The court found contract attorney James
Sansone's declaration not credible, citing unexplained inaccurate
citations and multiple fabricated quotations in the brief, and
further found that the responses by Lipeles, Schelly, and Badawi
were in part false and inconsistent with prior filings showing
awareness of the related Los Angeles action. The court concluded
that all attorneys involved failed to meet their professional and
ethical duties, holding LLG ultimately responsible because its
attorneys signed and filed the defective pleading, including
conduct involving apparent use of generative AI without
verification. For violations of Code of Civil Procedure Section
128.7 and related ethical rules, the court imposed joint and
several sanctions of $5,000 payable to Harbor and $1,000 payable to
the court and ordered service of the sanctions order on the client
and relevant courts. LLG later filed a notice of compliance.
LLG timely appealed the sanctions order under Code of Civil
Procedure Section 904.1, subdivision (a)(12), arguing that the
trial court failed to comply with the procedural requirements of
Section 128.7, subdivision (c)(2), the sanctions were unwarranted,
and the monetary sanctions awarded to Harbor were improper.
The Court of Appeal held that LLG forfeited its arguments
challenging alleged procedural errors and the propriety of awarding
sanctions payable to Harbor. It further concluded that the
sanctions order was not an abuse of discretion and therefore
affirmed the trial court's ruling.
The Court of Appeal held that LLG forfeited its procedural
challenges to the sanctions order because it had multiple
opportunities to address the alleged issues but failed to withdraw
its opposition, correct the record, or seek relief even after the
tentative ruling and OSC were issued. On the merits, the Court
found no abuse of discretion, noting that LLG never adequately
explained the filing of a substantially duplicative action or the
filing of an opposition based on unsupported and groundless legal
arguments, including material reliance on unverified generative AI
output. The Court concluded that counsel abdicated their duty to
the court and their client, making the sanctions appropriate.
Finally, it held that LLG also forfeited its challenge to the
portion of the sanctions payable to Harbor by failing to raise the
issue properly in the trial court and inadequately presenting it on
appeal, and it therefore affirmed the sanctions order in full. The
Respondents were awarded costs on appeal.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/S4dKKrkK4.
Lipeles Law Group, APC, Julian B. Bellenghi -- Julian@kallaw.com --
Attorneys for Plaintiff, Objectors and Appellants.
Seyfarth Shaw LLP, Sean T. Strauss -- sstrauss@seyfarth.com --
Michael W. Kopp -- mkopp@seyfarth.com -- David D. Jacobson --
djacobson@seyfarth.com -- Attorneys for Defendants and Respondents.
HAWAIIAN AIRLINES: Young Appeals Summary Judgment Order to 9th Cir.
-------------------------------------------------------------------
ERWIN YOUNG, et al. are taking an appeal from a court order
granting the Defendants' motion for summary judgment in the lawsuit
entitled Erwin Young, et al., individually and on behalf of all
those similarly situated, Plaintiffs, v. Hawaiian Airlines, Inc.,
et al., Defendants, Case No. 1:22-cv-00532-HG-WRP, in the U.S.
District Court for the District of Hawaii.
The putative class action concerns Defendant Hawaiian Airlines'
denial of religious and/or medical exemptions from its COVID-19
vaccine policy, which requires employees to get vaccinated or face
termination. The Plaintiffs allege that Hawaiian Airlines' denial
of their requests for medical and/or religious exemptions was
discriminatory and retaliatory, in violation of the Americans with
Disabilities Act ("ADA") and Title VII.
On Feb. 10, 2026, the Defendants filed a motion for summary
judgment, which Judge Helen Gillmor granted on May 20, 2026.
Judgment is entered in favor of the Defendants. The case is
closed.
The appellate case is styled as Young, et al. v. Hawaiian Airlines,
Inc., et al., Case No. 26-3854, in the United States Court of
Appeals for the Ninth Circuit, filed on June 15, 2026. [BN]
Plaintiffs-Appellants ERWIN YOUNG, et al., on behalf of themselves
and all those similarly situated, are represented by:
William A. Harrison, Esq.
HARRISON LAW CENTER, A LAW CORPORATION
American Savings Bank
Tower 1001 Bishop Street
Honolulu, HI 96813
- and -
Walker Moller, Esq.
SIRI & GLIMSTAD, LLP
1005 Congress Avenue, Suite 925-C36
Austin, TX 78701
- and -
Christopher D. Wiest, Esq.
CHRIS WIEST LAW
50 E. Rivercenter Boulevard, Suite 1280
Covington, KY 41011
Defendants-Appellees HAWAIIAN AIRLINES, INC., et al. are
represented by:
John S. Rhee, Esq.
ALSTON HUNT FLOYD & ING
1001 Bishop Street, Suite 1800
Honolulu, HI 96813
- and -
Nickolas Alexander Kacprowski, Esq.
William Stewart Hunt, Esq.
DENTONS US, LLP
1001 Bishop Street, Suite 1800
Honolulu, HI 96813
HOMETAP EQUITY: Crawford Sues Over Deceptive Mortgage Loan Product
------------------------------------------------------------------
MARLENE CRAWFORD, individually and on behalf of all others
similarly situated, Plaintiff v. HOMETAP EQUITY PARTNERS, LLC and
HOMETAP INVESTMENT PARTNERS II, L.P., Defendants, Case No.
5:26-cv-03457 (C.D. Cal., June 23, 2026) is a class action against
the Defendants for alleged deceptive and misleading mortgage loan
business practices in violation of the Truth-in Lending Act and the
California Unfair Competition Law.
According to the complaint, Hometap breaks federal and state
lending laws and attempts to avoid their protections by ensnaring
homeowners with its complex, confusing, and high-risk loans which
Hometap deceptively brands as "Option Purchase Agreements," and
affiliated documents, which falsely claim "THIS IS NOT A LOAN."
The complaint asserts that Hometap's product operates like any
other loan. In exchange for a cash advance paid to the consumer,
Hometap receives a mortgage-secured right to a percentage of the
property's value which its contract describes as the "Hometap
Share." To disguise that Hometap makes money as a lender and to
avoid licensing and substantive controls on its lending, Hometap
frames its product as an "option agreement" rather than a loan,
that is, in exchange for an upfront payment, Hometap receives an
"option" to acquire a percentage interest in the consumer's home,
which vests after ten years, alleges the suit.
Hometap Equity Partners, LLC is a Delaware Limited Liability
company headquartered in Boston, Massachusetts. The Company is the
primary operating entity, employs Hometap's employees, and
negotiates and facilitates its real estate transactions.[BN]
The Plaintiff is represented by:
Kristen G. Simplicio, Esq.
CLARKSON LAW FIRM, P.C.
1050 Connecticut Ave. NW, Suite 500
Washington, DC 20036
Telephone: (202) 998-2299
E-mail: ksimplicio@clarksonlawfirm.com
- and -
Chimaraoke Iko, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: riko@clarksonlawfirm.com
- and -
Robert P. Cocco, Esq.
ROBERT P. COCCO, P.C.
1500 Walnut Street, Suite 900
Philadelphia, PA 19102
Telephone: (215) 351-0200
Facsimile: (215) 827-5403
E-mail: bob.cocco@phillyconsumerlaw.com
- and -
James A. Francis, Esq.
John Soumilas, Esq.
Lauren KW Brennan, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
lbrennan@consumerlawfirm.com
HY-VEE INC: Faces Class Action Lawsuit Over Unpaid Overtime Wages
-----------------------------------------------------------------
Clark Kauffman, writing for Iowa Capital Dispatch, reports that a
proposed class-action lawsuit has been filed against Hy-Vee Inc.,
alleging the grocery store chain violates federal labor laws by
failing to pay overtime for department managers.
The lawsuit was filed in U.S. District Court for the Southern
District of Iowa on behalf of former employee Dawn Nicosia and
other Hy-Vee workers. It seeks to recover what it claims are unpaid
overtime wages, plus penalties and interest for violations of the
federal Fair Labor Standards Act.
A Hy-Vee spokesperson said Friday, June 26, the company believes
the lawsuit and allegations lack merit and will be addressed
through the legal process. The company operates more than 240
retail stores in several Midwestern states, including Iowa,
Illinois, Kansas, Minnesota, Missouri, Nebraska, South Dakota and
Wisconsin.
The lawsuit alleges salaried positions that carry the title of
department manager, which are below the level of store director,
assistant store director and store manager, are designed to
circumvent payment of overtime wages. The salaried positions
include department managers for the stores' bakery, food service,
meat department and produce department, as well as salaried,
trainee-level department managers.
The lawsuit alleges Nicosia was employed as a bakery manager at a
Hy-Vee store in Peoria, Illinois, from January 2024 through May
2025, and that she routinely worked more than 40 hours per week
without collecting overtime compensation.
According to the lawsuit, Hy-Vee department managers are required
to work 45 hours per week at a minimum. Their work, the lawsuit
alleges, requires little specialized skills, no capital investment,
and does not primarily include managerial responsibilities or the
exercise of meaningful independent judgment -- the duties typically
associated with overtime-exempt management positions.
The lawsuit alleges the department managers spend more than half
their time engaged in manual labor and physical movement and
exertion, as opposed to working in an office. They do not, the
lawsuit claims, have responsibility for hiring, firing,
disciplining or directing the work of others. As such, their work
does not "materially differ from the duties of non-exempt, hourly
paid employees," the lawsuit alleges.
Through a "centralized, company-wide policy, pattern, and practice
of minimizing labor costs," Hy-Vee has violated state and federal
wage-and-hour laws, the lawsuit claims. In addition, the lawsuit
claims the "willful" nature of the violations is demonstrated by
the company's alleged failure to investigate prior complaints from
salaried department managers.
The lawsuit seeks class action status due to the number of
potential plaintiffs being so large as to make individualized
litigation impractical.
The plaintiff is represented by Madison Fiedler-Carlson of the
Fiedler Law Firm in Johnston, and by Bethany A. Hilbert of the Head
Law Firm in Chicago, Illinois. [GN]
IMS US LLC: Faces Hedges Suit Over Blind-Inaccessible Website
-------------------------------------------------------------
DONNA HEDGES, on behalf of herself and all other persons similarly
situated, Plaintiff v. IM8 (US) LLC, Defendant, Case No.
1:26-cv-04897 (S.D.N.Y., June 10, 2026) accuses the Defendant of
violating 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.
The Plaintiff maintains that the Defendant failed and refused to
remove the access barriers of its website. Due to Defendant's
failure and refusal to remove access barriers to its website,
www.im8health.com, the Plaintiff and visually-impaired persons have
been and are still being denied equal access to Defendant's
numerous goods, services and benefits offered to the public through
the website.
Headquartered in Charlotte, NC, IM8 (US) LLC owns and operates the
website which offers dietary supplements.
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
JAMES JAMES: Delanay Seeks to Certify Class of H-Block Prisoners
----------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM DELANAY, et al.,
v. JAMES R. JAMES et al., Case No. 3:26-cv-00846-MPK (W.D. Pa.),
the Plaintiff asks the Court to enter an order granting motion to
certify class of H-Block prisoners incarcerated at SCI Houtzdale.
A copy of Plaintiff's motion dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZcmUoC at no extra
charge.
The Plaintiff appears pro se.[CC]
JEROME HARRIS: Court OK's Proposed Form of Notice
-------------------------------------------------
In the class action lawsuit captioned as Alexander v. Jerome Harris
et al., Case No. 1:22-cv-01128 (W.D. Tenn.), the Hon. Judge
Anderson entered an order granting approval to the Plaintiffs'
proposed form of notice and directing notice to the members of the
class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=X9U3sb at no extra
charge.[CC]
JP MORGAN: Bodea Suit Seeks Rule 23 Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as Bodea v. JPMorgan Chase &
Co. et al., Case No. 1:24-cv-06404-LGS-SN (S.D.N.Y.), the
Plaintiff, pursuant to Rules 23(a), 23(b)(3), and 23(g) of the
Federal Rules of Civil Procedure, asks the Court to enter an order:
1. Granting the Plaintiffs' motion for class certification;
2. Certifying the proposed Class defined as follows in the
accompanying Memorandum of Law:
"Clients of J.P. Morgan Securities LLC ("JPMS") who had cash
deposits or balances in the Chase Deposit Sweep – IRA (ADP:
A000CU7), JPMorgan Deposit Sweep – IRA (ADP: A000CU8), Chase
Deposit Sweep (ADP: A000CF1), or JPMorgan Deposit Sweep (ADP:
A000CF2) cash sweep ADPs from Aug. 24, 2018 through the date
of the class notice"; and
"Clients of JPMS who had cash deposits or balances in the
JPMORGAN DEPOSIT ACCT B BROKERAGE NON RET JPMC BANK NA (ADP:
A000AV4), JPMORGAN DEPOSIT ACCT D BROKERAGE RET JPMC BK NA
(ADP: A000AV5), JPM DEPOSIT ACCT N BROKERAGE NON RET JPMC BK
NA (ADP: A000MD5), or JPM DEPOSIT ACCT P BROKERAGE RET JPMC BK
NA (ADP: A000MD7) cash sweep ADPs from March 5, 2020 through
the date of the class notice."
3. Certifying the proposed IRA Subclass defined as follows in the
accompanying Memorandum of Law:
"Members of the Class who maintained an Individual Retirement
Account ("IRA") with JPMS and had cash deposits or balances
swept from their IRA."
4. Appointing Plaintiffs as representatives of the Class and IRA
Subclass; and
5. Appointing the undersigned counsel as Class Counsel and Class
Local Counsel.
JPMorgan is an American multinational banking institution.
A copy of the Plaintiff's motion dated June 17, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Qsst7m at no extra
charge.[CC]
The Plaintiff is represented by:
Michael Dell'Angelo, Esq.
Alex B. Heller, Esq.
Radha Nagamani Raghavan, Esq.
Joseph E. Samuel, Jr., Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: mdellangelo@bergermontague.com
aheller@bergermontague.com
rraghavan@bergermontague.com
jsamuel@bergermontague.com
- and -
Salvatore J. Graziano, Esq.
John Rizio-Hamilton, Esq.
Adam H. Wierzbowski, Esq.
Michael D. Blatchley, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
E-mail: salvatore@blbglaw.com
johnr@blbglaw.com
adam@blbglaw.com
michaelb@blbglaw.com
JP MORGAN: Seeks Leave to File Class Cert Response
--------------------------------------------------
In the class action lawsuit captioned as Bodea v. JPMorgan Chase &
Co. et al., Case No. 1:24-cv-06404-LGS-SN (S.D.N.Y.), the
Defendants ask the Court to enter an order granting them leave to
file its response regarding its position on the redactions by
Monday, July 6, 2026.
The Plaintiffs have filed a motion for class certification,
memorandum of law, and 47 related exhibits, in which they redacted
certain discovery material that J.P. Morgan Securities LLC ("JPMS")
designated as "confidential" pursuant to the parties' protective
order.
JPMorgan is an American multinational banking institution.
A copy of the Defendants' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IANrFZ at no extra
charge.[CC]
The Defendant is represented by:
Jayant W. Tambe, Esq.
JONES DAY
250 Vesey Street
New York, NY 10281-1047
Telephone: (212) 326-3604
E-mail: jtambe@jonesday.com
KELLER WILLIAMS: Discovery Scheduling Order Entered in Garvey Suit
------------------------------------------------------------------
In the class action lawsuit captioned as WAYAN GARVEY, on behalf of
himself and all others similarly situated, v. Keller Williams
Realty, Inc. et al., Case No. 2:23-cv-00920-APG-DJA (D. Nev.), the
Hon. Judge entered an order granting stipulation to enter discovery
scheduling order after stay for mediation.
The Parties stipulate to the entry of the following discovery
schedule, pursuant to the requirements of the Order for Stay
Pending Mediation entered April 9, 2026.
The parties therefore request the entry of the following schedule
for the remainder of the case:
a. Class Notice to Be Given: Aug. 28, 2026
b. Opt Out Deadline: Oct. 30, 2026
c. Close of Discovery: Nov. 27, 2026
d. Dispositive Motion Deadline: Dec. 18, 2026
e. Joint Pretrial Order Deadline: Jan. 18, 2027 (unless dispositive
motions are filed)
Keller is an American technology and international real estate
franchise.
A copy of the Court's order dated June 17, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=j9FKhq at no extra
charge.[CC]
The Plaintiff is represented by:
Chris R. Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R. MILTENBERGER,
PLLC
1360 N. White Chapel, Suite 200
Southlake, TX 76092-4322
Telephone: (817) 416-5060
Facsimile: (817) 416-5062
E-mail: chris@crmlawpractice.com
- and -
Max S. Morgan, Esq.
THE WEITZ FIRM, LLC
1515 Market Street, #1100
Philadelphia, PA 19102
Telephone: (267) 587-6240
Facsimile: (215) 689-0875
E-mail: max.morgan@theweitzfirm.com
- and -
Craig K. Perry, Esq.
CRAIG K. PERRY & ASSOCIATES
6210 N. Jones Blvd. #753907
Las Vegas, NV 89136-8985
Telephone: (702) 228-4777
Facsimile: (702) 943-7520
E-mail: cperry@craigperry.com
The Defendants are represented by:
Robert McCoy, Esq.
MC LAW NEVADA
1775 Village Center Circle, Suite 110
Las Vegas, NV 89134O
Telephone: (702) 570-5435
E-mail: rob@mclawnevada.com
KROGER CO: Wins Preliminary Nod for $17MM Deal in "Kirkbride"
-------------------------------------------------------------
In the Case Captioned as Judy Kirkbride and Beeta Lewis,
individually and on behalf of all others similarly situated,
Plaintiffs, v. The Kroger Co., Defendant, Case No. 2:21-cv-00022
(S.D. Ohio), Judge Algenon L. Marbley of the United States District
Court for the Southern District of Ohio, Eastern Division, granted
Plaintiffs' Unopposed Motion for Preliminary Approval of Class
Action Settlement Agreement in an Opinion and Order.
Plaintiff Judy Kirkbride filed the action on January 5, 2021, on
behalf of a putative class of persons who paid, in full or in part,
for a prescription generic drug that Kroger included in its Rx
Savings Club and who were insured through a third-party payor.
Plaintiffs alleged Kroger engaged in a pricing scheme that
overcharged insured customers by failing to report its discounted
Savings Club prices as its usual and customary prices for insured
transactions. Plaintiffs asserted claims for fraud, unjust
enrichment, and negligent misrepresentation. The court denied
Kroger's motion to dismiss on July 12, 2023, and, after extensive
discovery, granted class certification on April 9, 2025. Kroger
sought permission to appeal that ruling to the Sixth Circuit, which
held the appeal in abeyance pending mediation. The parties mediated
on August 21, 2025, and subsequently reached the proposed
Settlement Agreement now before the court.
The Settlement Class covers all individuals in the United States
and its territories who paid, in whole or in part, for one or more
prescription drugs from Kroger using insurance during the
Settlement Class Period, December 9, 2018, through the date notice
is disseminated.
Kroger agreed to fund a non-reversionary, all-cash Settlement Fund
of $17,000,000. Class members must submit a claim form by the
applicable deadline to receive payment under a court-approved Plan
of Allocation and Distribution. Class Counsel intends to seek
attorneys' fees of one-third of the Settlement Fund, expenses not
to exceed $610,325.71, and a Service Award of $5,000 for
Plaintiffs.
Applying the factors from UAW v. General Motors Corp., the court
found the settlement resulted from arm's-length, mediator-led
negotiations and showed no sign of collusion. The court noted that
a one-third fee award is typical in the Sixth Circuit under the
percentage-of-the-fund method and stated it favors an award in the
range of 25 percent to 33 percent, though the fee request will be
evaluated further once Plaintiffs submit additional briefing. The
court concluded the settlement falls within the range of possible
approval.
**Class Action Status.** The action was previously certified as a
litigation class on April 9, 2025. For settlement purposes only,
the court preliminarily certified a broader Settlement Class under
Rule 23(a) and Rule 23(b)(3), finding it nationwide in scope and
inclusive of pharmacy benefit managers and both brand and generic
drugs. The court preliminarily determined that numerosity,
commonality, typicality, and adequacy were satisfied, and that
common questions predominate over individual ones. The court
appointed Judy Kirkbride and Beeta Lewis as class representatives
and appointed Bursor and Fisher, P.A., Arisohn LLC, and Smith
Krivoshey, PC as Class Counsel under Rule 23(g).
The court appointed Angeion Group as Settlement Administrator and
Escrow Agent. The Notice Deadline falls 60 days after entry of the
order, with the Opt-Out and Objection Deadlines set 120 days after
entry, the Claim Filing Deadline set 180 days after entry, and the
Fairness Hearing scheduled for January 11, 2027, at 10 a.m. in
Columbus, Ohio.
A copy of the Class Action Settlement is available at
https://urlcurt.com/u?l=fGYmUr from PacerMonitor.com
LASER EYE: Class Cert Bid Filing in Mack Suit Due April 16, 2027
----------------------------------------------------------------
In the class action lawsuit captioned as AALIUZ MACK, v. LASER EYE
CENTER OF SILICON VALLEY, Case No. 5:26-cv-00930-BLF (N.D. Cal.),
the Hon. Judge Freeman entered a case management order as follows:
EVENT DATE OR DEADLINE
Last day to file motion for Class April 16, 2027
Certification:
Last day to hear dispositive motions: Jan. 13, 2028, at 9:00 am
Final pretrial conference: April 13, 2028, at 1:30
pm
Trial: May 15, 2028, at 9:00 am
The Defendant is a medical group practice located in San Jose, CA
that specializes in Ophthalmology.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QK0VEZ at no extra
charge.[CC]
LIVE NATION: Renewed Bid for Class Cert. Due July 30
----------------------------------------------------
In the class action lawsuit captioned as MICHELLE MADRIGAL, et al.,
v. LIVE NATION ENTERTAINMENT, INC., et al., Case No.
2:25-cv-02375-GW-KS (C.D. Cal.), the Hon. Judge Wu entered an order
approving the stipulation and setting the following schedule for
class certification briefing in Madrigal and Holmes:
Event Deadline
Deadline for the Plaintiffs to file July 30, 2026
renewed motion for class
certification:
Deadline for the Defendants to file Sept. 22, 2026
opposition to renewed motion for
class certification:
Deadline for the Plaintiffs to file Nov. 13, 2026
reply in support of renewed motion
for class certification:
Hearing on renewed motion for class Dec. 7, 2026,
Certification: at 8:30 a.m.
The June 22, 2026 status conference is taken off-calendar as to
Madrigal v. Live Nation and Holmes v. Ticketmaster.
Live Nation is an American multinational entertainment company.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zMDKTG at no extra
charge.[CC]
The Defendants are represented by:
Brandon D. Fox, Esq.
Alexander M. Smith, Esq.
Sarah S. Lee, Esq.
JENNER & BLOCK LLP
515 South Flower Street, Suite 3300
Los Angeles, CA 90071-2246
Telephone: (213) 239-5100
E-mail: BFox@jenner.com
ASmith@jenner.com
SLee@jenner.com
LUFAX HOLDING: Court Appoints Zhou, Tchind as Co-Lead Plaintiffs
----------------------------------------------------------------
In the class action lawsuit captioned as re: Lufax Holding Ltd.
Securities Litigation, Case No. 1:26-cv-04122-MMG (S.D.N.Y.), the
Hon. Judge Garnett entered an order appointing Yanqin Zhou and
Bernard Nenda Tchind as Co-Lead Plaintiffs and appointing Rosen Law
and Pomerantz as Co-Lead Counsel.
The motion of John M. Mollica to serve as lead plaintiff is denied.
The Court entered an order that this matter shall proceed under the
name In re: Lufax Holding Ltd. Securities Litigation.
If the defendants intend to move to dismiss, the letter should
also include a proposed briefing schedule on that motion.
Because they are proper movants, have the largest financial
interest, and meet the requirements of Rule 23, Zhou and Tchinda
are appointed as co-lead plaintiffs.
The case is a putative class action under the federal securities
laws on behalf of purchasers of Lufax Holding Ltd. securities
between April 7, 2023 and Jan. 26, 2026.
The Plaintiffs allege that the Defendants concealed adverse
information about Lufax's business and that the eventual disclosure
of this information precipitated a decline in the value of Lufax's
securities, harming shareholders.
Lufax provides financial services to small businesses in China.
A copy of the Court's opinion and order dated June 18, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=nY5o8R
at no extra charge.[CC]
MACYS.COM LLC: Hayward Consumer Fraud Suit Removed to N.D. Ill.
---------------------------------------------------------------
The case styled LATOYA HAYWARD, individually and on behalf of all
similarly situated individuals, Plaintiff, v. MACYS.COM, LLC, an
Ohio limited liability company, Defendant, Case No. 2026CH03765,
was removed from the Circuit Court of Cook County, Illinois, to the
U.S. District Court for the Northern District of Illinois on June
10, 2026.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:26-cv-06848 to the proceeding.
The case arises out Defendant's violations the Credit Card
Accountability Responsibility and Disclosure Act and Electronic
Funds Transfer Act, the Illinois Consumer Fraud and Deceptive
Business Practices Act, and its breach of implied contract.
Headquartered in New York, NY, Macys.com, LLC operates Macy's,
Inc's website and mobile application, which offer clothing, shoes,
beauty products, and home furnishings. [BN]
The Defendant is represented by:
Francis A. Citera, Esq.
Meredith R. Mandell, Esq.
GREENBERG TRAURIG, LLP
360 North Green Street, 13th Floor
Chicago, IL 60607
Telephone: (312) 456-8400
Facsimile: (312) 456-8435
E-mail: CiteraF@gtlaw.com
Meredith.Mandell@gtlaw.com
MARATHON REFINING: Class Settlement in Wood Suit Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as JANICE WOOD ET AL., v.
MARATHON REFINING LOGISTICS SERVICE LLC, Case No. 4:19-cv-04287-YGR
(N.D. Cal.), the Hon. Judge Yvonne Gonzalez Rogers entered an order
granting the motion for final approval of class settlement.
The motion for attorneys' fees, costs, and service awards is
granted as follows:
-- Class Counsel is awarded $3,000,000 in attorneys' fees and
$11,000 in litigation costs.
-- The Plaintiffs are granted an incentive awards totaling
$37,000.
The parties shall file a post-distribution accounting in accordance
with this District’s Procedural Guidance for Class Action
Settlements no later than March 5, 2027.
The Court sets compliance deadline on Feb. 26, 2027 on the Court's
9:01 a.m. calendar to verify timely filing of the post-distribution
accounting.
The Settlement Agreement defines the class as:
"All current and former operators of Marathon (or any of its
affiliates or successors) who worked at the Martinez Refinery
or Chemical Plant and were assigned mandatory standby shifts
between June 24, 2015 and Oct. 5, 2025 and all maintenance
workers of Marathon (or any of its affiliates or successors)
who worked at the Martinez Refinery and were assigned mandatory
standby shifts, between June 24, 2015 and Oct. 31, 2020."
Under the terms of the Settlement Agreement, defendant, without
admitting liability, will pay $9,000,000 plus amounts for payroll
taxes into a common settlement fund.
The Plaintiffs filed the putative class action complaint on June
24, 2019 against defendant Marathon challenging its "standby"
policies. The Plaintiffs allege that Marathon required Operators
and Maintenance Workers at its Martinez facility to be available
for designated 12- and/or 24-hour standby shifts in addition to
their regular shifts and to be ready to receive calls during
specific time periods
Marathon is a provider of logistics and supply chain solutions in
the refining sector.
A copy of the Court's order dated June 17, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CeS8Yi at no extra
charge.[CC]
MARKWAYNE MULLIN: Dismissed w/o Prejudice in Abundez Suit
---------------------------------------------------------
In the class action lawsuit captioned as MARTIN ABUNDEZ, v.
MARKWAYNE MULLIN et al., Case No. 3:26-cv-00754-DRL-SJF (N.D.
Ind.), the Hon. Judge Damon R. Leichty entered an order that:
(1) Dismisses without prejudice Markwayne Mullin, Secretary of
the United States Department of Homeland Security, and Samuel
Olson, Director of United States Immigration and Customs
Enforcement Chicago Field Office, as respondents;
(2) Denies the petition for a writ of habeas corpus, except to
Find that Martin Abundez must be classified under 8 U.S.C.
section 1226(a), including for purposes of any custody
redetermination; and
(3) Directs the clerk to enter final judgment and to close this
case.
Recent proceedings in a case out of California suggest that Hurtado
remains a barrier to relief for petitioners like Mr. Abundez.
The District judge's decision vacating Hurtado is thus unlikely to
change the outcome of a custody redetermination motion filed by an
individual like Mr. Abundez, who is outside of California.
Without a prior denial on the merits alleged to be erroneous, the
court leaves the parties to follow their process under section
1226.
Mr. Abundez is a citizen of Mexico who entered the United States
without inspection. He has a history of arrests and convictions in
Illinois dating back to 2003.
He came to the attention of immigration officials in 2010 during a
targeted operation by Chicago police and immigration enforcement
agents.
A copy of the Court's opinion and order dated June 18, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=4EGtNE
at no extra charge.[CC]
MARLBORO-CHESTERFIELD PATHOLOGY: Breach Suit Deal Gets Prelim OK
----------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that
Marlboro-Chesterfield Pathology, P.C. has agreed to a settlement to
wrap up a class action lawsuit that alleged the pathology
laboratory failed to protect the sensitive information in its care
from a data breach discovered in January 2025.
The Marlboro-Chesterfield Pathology class action settlement
received preliminary approval from the court on May 22, 2026. The
deal covers all living individuals whose personally identifiable
and/or personal health information was maintained on
Marlboro-Chesterfield Pathology's systems that were compromised as
a result of the data breach announced by the lab on or around May
22, 2025.
Court documents state that approximately 235,000 people are covered
by the class action settlement.
The court-approved website for the Marlboro-Chesterfield Pathology
(MCP) data breach settlement can be found at M-CPSettlement.com.
Marlboro-Chesterfield Pathology settlement class members who file a
valid, timely claim form can receive up to $1,000 for documented
losses stemming from the data breach. This benefit covers losses
resulting from identity theft or fraud and the costs of
professional fees, credit repair services, freezing or unfreezing
credit, credit monitoring services, and more.
Class members must submit proof, such as receipts or
correspondence, to receive a documented-loss payout.
In lieu of a documented-loss payment, class members whose Social
Security numbers were compromised in the data breach can file a
claim form to receive a $10 alternative cash payment. Only class
members whose Social Security numbers were involved in the data
breach can receive this cash payout, court documents state.
In addition to any monetary relief, all class members can submit a
claim to receive one year of three-bureau credit monitoring
services.
To file an MCP settlement claim form online, class members can head
to this page and log in using the class member ID listed on their
copy of the settlement notice. Alternatively, class members can
download a PDF of the claim form to print, fill out, and return by
mail to the settlement administrator.
All MCP settlement claim forms must be submitted online or by mail
by August 21, 2026.
The court will determine whether to grant final approval to the
Marlboro-Chesterfield Pathology settlement following a hearing on
October 12, 2026. Compensation will begin to be distributed to
class members only after final approval is granted and any appeals
are resolved.
The Marlboro-Chesterfield Pathology class action lawsuit alleged
that the North Carolina-based gastrointestinal and surgical
pathology laboratory failed to implement reasonable cybersecurity
protections to safeguard the sensitive information of current and
former patients, which allegedly led to a data breach detected by
the facility on or around January 16, 2025.
Per court documents, private information that may have been exposed
in the breach included names, addresses, dates of birth, medical
treatment information, health insurance information and, for some
patients, Social Security numbers. [GN]
MARUTI TRANSPORTATION: Initial Case Order Entered in Yanez Suit
---------------------------------------------------------------
In the class action lawsuit captioned as JUAN YANEZ, v. MARUTI
TRANSPORTATION GROUP, INC., Case No. 6:26-cv-01334-JSS-LHP (M.D.
Fla.), the Hon. Judge Sneed entered an initial case order:
For a just and efficient resolution of this case, the parties are
directed to read and comply with the Middle District of Florida's
Local Rules.
No later than 14 days from the date of this Order, Lead Counsel and
any pro se plaintiff shall file a notice as to whether a related
action is pending in the Middle District or elsewhere as required
under Local Rule 1.07(c).
Under Local Rule 2.0l(b)(l)(G), all attorneys appearing before this
court are required to register for CM/ECF docketing within 14 days
of their entry of appearance in any action pending before this
court.
Consent to Trial by Magistrate Judge: Under 28 U.S.C. section
636(c) and Federal Rule of Civil Procedure 73, the parties may
consent to have the assigned United States Magistrate Judge conduct
any and all further proceedings in this case, including the trial
(and can provide a date certain for trial, unlike the District
Court.).
The Defendant is a specialized mobility and transit management
company.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=l4NtrO at no extra
charge.[CC]
MASSACHUSETTS: Bid for Class Certification in Green Due July 10
---------------------------------------------------------------
In the class action lawsuit captioned as Green, et al., v.
Massachusetts Department of Correction, et al., Case No.
1:21-cv-11504 (D. Mass., ), the Hon. Judge George A. Otoole, Jr.
entered an order adopting the following deadlines:
-- Plaintiff's anticipated motion for class certification is due
July 10, 2026.
-- The Defendants' opposition briefs are due August 21, 2026.
The nature of suit states Civil Rights.
The Defendant is the government agency responsible for operating
the prison system of the Commonwealth of Massachusetts.[CC]
MDL 3035: Plaintiffs' Proposed Notice in Retirement Suit OK'd
-------------------------------------------------------------
In the class action lawsuit captioned RE: AME Church Employee
Retirement Fund Litigation -- MDL 3035, Case No. 1:22-md-03035
(W.D. Tenn.), the Hon. Judge Anderson entered an order granting
approval to the Plaintiffs' proposed form of notice and directing
notice to the members of the class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JgQsSn at no extra
charge.[CC]
META PLATFORMS: Plaintiffs Seek to File Class Docs Under Seal
-------------------------------------------------------------
In the class action lawsuit captioned as Doe v. Meta Platforms,
Inc., Case No. 3:22-cv-03580-WHO (N.D. Cal.), the Plaintiff asks
the Court to enter an order granting its motion to consider whether
information designated confidential by the Defendant should be
filed under seal.
The motion is made in connection with material referenced in the
Plaintiffs' response to Meta's Notice of the demonstrative it
presented at the class certification hearing. Plaintiffs seek
consideration of the following information designated as
confidential by Meta:
Document Material to Seal
The Plaintiffs' Response to Meta's Pg. 1 column 1, one word
notice of demonstrative exhibit Pg. 2 column 1, two words
Pg. 3 column 1, one word
Meta is the American multinational technology company, formerly
known as Facebook.
A copy of the Plaintiff's motion dated June 17, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Jf3XYV at no extra
charge.[CC]
The Plaintiff is represented by:
Jason 'Jay' Barnes, Esq.
SIMMONS HANLY CONROY LLP
112 Madison Avenue, 7th Floor
New York, NY 10016
Telephone: (212) 784-6400
Facsimile: (212) 213-5949
E-mail: jaybarnes@simmonsfirm.com
- and -
Geoffrey Graber, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue NW, Suite 800
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: ggraber@cohenmilstein.com
- and -
Jeffrey A. Koncius, Esq.
KIESEL LAW LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211
Telephone: (310) 854-4444
Facsimile: (310) 854-0812
E-mail: koncius@kiesel.law
- and -
Beth E. Terrell, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
- and -
Andre M. Mura, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: amm@classlawgroup.com
MICHAEL BLOOMBERG: Out-of-State Plaintiffs' Claims Dismissed
------------------------------------------------------------
In the class action lawsuit captioned as ALINA SIPP-ALPERS, et al.,
on behalf of themselves and all others similarly situated, v.
MICHAEL BLOOMBERG and MIKE BLOOMBERG 2020, INC., Case No.
1:25-cv-11822-PBS (D. Mass.), the Hon. Judge Saris entered an order
that the Defendants' motion to dismiss is allowed with respect to
the Out-of-State Plaintiffs but denied with respect to Sipp-Alpers.
The Court concludes that it lacks personal jurisdiction over the
Defendants with respect to the Out-of-State Plaintiffs' claims and
thus that those individuals' claims must be dismissed without
prejudice.
As to Sipp-Alpers' claim, however, the Court determines that it has
personal jurisdiction and that the claim may proceed against
Bloomberg individually (in addition to the Campaign).
The Plaintiffs allege that both Bloomberg and the Campaign
committed breach of contract by terminating the Plaintiffs'
employment on March 31, 2020, despite guaranteeing compensation
through November 2020.
Michael Bloomberg is an American businessman and politician.
A copy of the Court's memorandum and order dated June 18, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=naPfnd
at no extra charge.[CC]
MOODY BIBLE INSTITUTE: Pitts Files Suit in N.D. Illinois
--------------------------------------------------------
A class action lawsuit has been filed against Moody Bible
Institute. The case is styled as Jacquel Pitts, individually and on
behalf of all others similarly situated v. Moody Bible Institute,
Case No. 1:26-cv-07208 (N.D. Ill., June 18, 2026).
The nature of suit is stated as Other Fraud.
Moody Bible Institute -- https://www.moody.edu/ -- offers
accredited Christian higher education in Chicago, Washington,
Michigan and online, with college, seminary and Bible
programs.[BN]
The Plaintiffs are represented by:
Gerald D. Wells, III, Esq.
LYNCH CARPENTER, LLP
1760 Market Street, Suite 600
Philadelphia, PA 19103
Phone: (267) 609-6910
Fax: (267) 609-6955
Email: jerry@lcllp.com
MORTGAGE ELECTRONIC: Bid for Magistrate Judge Recusal Tossed
------------------------------------------------------------
In the class action lawsuit captioned as U.S. Bank, National
Association, As Legal Title Trustee for Truman 2016 SC6 Title
Trust, v. Carmine P. Amelio, Paul A. Amelio, Alfonso Amelio,
Mortgage Electronic Registration Systems, Inc., Quicken Loans,
Inc., et al., Case No. 6:26-cv-00070-MAD-MJK (N.D.N.Y.), the Hon.
Judge Mitchell J. Katz entered an order denying the Defendants'
motion seeking the recusal of Magistrate Judge Mitchell J. Katz.
The Defendants also request "that the Order and
Report-Recommendation be held in abeyance and not acted upon until
this motion is decided."
The Plaintiff opposes Defendants' motion. For the reasons stated
below, Defendants’ motion is denied.
The Defendants' arguments that I should recuse myself reflect their
obvious disagreement with the Order and Report-Recommendation.
Their remedy was to file objections with the District Court, which
they did.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hrvgnd at no extra
charge.[CC]
The Plaintiff is represented by:
Sean K. Monahan, Esq.
Friedman Vartolo, LLP
1325 Franklin Ave, Ste 160
Garden City, NY 11530-1631
Telephone: (212) 471-5100
Facsimile: (212) 471-5150
E-mail: smonahan@friedmanvartolo.com
MXR IMAGING INC: Bonds Sues to Recover Unpaid Overtime Wages
------------------------------------------------------------
Rick Bonds, individually and on behalf of all others similarly
situated v. MXR IMAGING, INC., Case No. 2:26-cv-04189 (E.D. Pa.,
June 17, 2026), is brought under the Fair Labor Standards Act
("FLSA") to recover unpaid overtime wages owed to field service
engineers who service medical imaging equipment for Defendant.
The Defendant classifies field service engineers as exempt from
overtime, pays them on a salary basis, and does not pay overtime
compensation when they work more than 40 hours in a workweek. Field
service engineers perform non-exempt field-service work, including
traveling to customer sites, troubleshooting, repairing, servicing,
installing, de-installing, and maintaining medical imaging
equipment.
Field service engineers regularly work more than 40 hours in a
workweek. Their work includes on-site service calls, required
travel, driving time, waiting time, paperwork, expense reports,
emails, calls, after-hours work, weekend work, and other
job-related tasks. Defendant does not pay field service engineers
one and one-half times their regular rates of pay for all hours
worked over 40 in a workweek.
The Defendant sometimes pays additional amounts labeled as
after-hours pay or overtime pay period compensation. Those payments
confirm that Defendant knows field service engineers perform work
outside regular business hours, but they do not reflect payment of
all overtime premiums required by law, says the complaint.
The Plaintiff was employed by the Defendant as a salaried
CT/MRI/PET-CT Field Service Engineer, a position referred to herein
as a field service engineer.
The Defendant is a corporation formed under the laws of
California.[BN]
The Plaintiff is represented by:
Achchana Ranasinghe, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (877) 561-0000
Fax: (855) 582-5297
Email: ac@jtblawgroup.com
nicholasconlon@jtblawgroup.com
NATERA INC: Faces Class Action Lawsuit Over Genetic Testing Claims
------------------------------------------------------------------
360DX reports that a class action lawsuit filed in the U.S.
District Court for the Northern District of California this month
alleges that Natera engaged in false and misleading advertising,
marketing, and promotion of its preimplantation genetic test for
aneuploidy.
The plaintiffs, Melissa Klein and Valerie Griffeth, allege that
Natera violated New York and Illinois consumer protection laws and
committed fraud by marketing and selling its Spectrum PGT-A test as
a "proven, accurate, and reliable method to decrease the chance of
miscarriage and increase the chance of giving birth to a healthy
baby when science does not support this," according to the court
filing.
Natera discontinued its Spectrum PGT-A test before the court
filing.
In the plaintiffs' view, PGT-A testing is "unproven, inaccurate,
and unreliable," and Natera provided false and misleading
statements about the test to its customers. PGT-A testing was
marketed and sold by Natera as an add-on to the in vitro
fertilization process to screen embryos for chromosomal
abnormalities.
According to the court filing, PGT-A testing is marketed by Natera
to people pursuing IVF as a way of increasing the chance of embryo
implantation, decreasing the chance of miscarriage, reducing the
time to pregnancy, increasing the rate of pregnancy and live birth
rates, and improving the chance of a healthy pregnancy. However,
the plaintiffs claim that the science does not support these
claims, citing studies showing that there is no difference between
cycles utilizing PGT-A and cycles not utilizing PGT-A when looking
at pregnancy, miscarriage, or live birth rates.
They cited studies showing that PGT-A testing is unable to
accurately differentiate between euploidy and aneuploidy of any
given embryo.
The plaintiffs also noted that United Healthcare and Aetna, along
with other insurance companies, have found that PGT-A is unproven
and not medically necessary and thus have not covered the testing.
In addition, the American Society for Reproductive Medicine and the
Society for Assisted Reproductive Technology issued a committee
opinion in 2018 that the value of PGT-A as a screening test for IVF
patients has yet to be determined.
Meantime, the American College of Obstetricians and Gynecologists
in 2020 released an opinion noting that there is insufficient
evidence to recommend the routine use of PGT-A testing in all
infertile women.
Klein and Griffeth both purchased PGT-A testing from Natera as
add-ons to their IVF treatments and said that they would not have
purchased the testing had they known about the body of scientific
knowledge around it.
The plaintiffs claimed that Natera knew that a problem existed with
the results of PGT-A testing and that there was a problem with
strictly defining embryos as either euploid or aneuploid but did
not incorporate its knowledge into its marketing and advertising.
The plaintiffs are requesting a jury trial, compensatory damages,
statutory damages, and restitution, as well as an order requiring
Natera to adequately disclose the "true nature" of PGT-A testing.
They are also requesting Natera disgorge amounts wrongfully
obtained for PGT-A testing and award injunctive relief, including
enjoining Natera from engaging in misleading and deceptive
practices going forward.
Natera was previously sued in 2021 for unfair and deceptive billing
practices related to its noninvasive prenatal tests and carrier
genetic screening tests, including Spectrum.
In a statement, a spokesperson from Natera noted the allegations
concern a product Natera no longer offers and that it disagrees
with the allegations and "intends to defend against them
vigorously." [GN]
NATIONAL COLLEGIATE: Campbell Sues Over Eligibility Restrictions
----------------------------------------------------------------
DEJUAN CAMPBELL, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Defendant, Case No. 1:26-cv-07467 (N.D. Ill., June 25, 2026) is an
action on behalf of athletes challenging the new eligibility rules
adopted by the National Collegiate Athletic Association on June 24,
2026 ("Age-Based Rule").
According to the Plaintiff in the complaint, the new rule of the
Defendant impose unreasonable eligibility restrictions that
arbitrarily and disparately cut short college athletes' ability to
compete and thereby prohibit, cap, and otherwise effectively limit
the compensation that Division I athletes may receive for the use
of their names, images, likenesses, and athletic reputations.
The National Collegiate Athletic Association is a nonprofit
organization that regulates student athletics in the US. [BN]
The Plaintiff is represented by:
Kenneth A.Wexler, Esq.
Justin N. Boley, Esq.
Melinda J. Morales, Esq.
Margaret Shadid, Esq.
Andrew Yoder, Esq.
WEXLER BOLEY&ELGERSMA LLP
311 S.Wacker Drive, Suite 5450
Chicago, IL 60606
Telephone: (312) 346-2222
Facsimile: (312) 346-0022
Email: kaw@wbe-llp.com
jnb@wbe-llp.com
mjm@wbe-llp.com
ms@wbe-llp.com
ay@wbe-llp.com
- and -
Daniel E. Gustafson, Esq.
Karla M. Gluek, Esq.
Anthony J. Stauber, Esq.
Emily B. Egart, Esq.
GUSTAFSONGLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Email: dgustafson@gustafsongluek.com
kgluek@gustafsongluek.com
tstauber@gustafsongluek.com
eegart@gustafsongluek.com
- and -
Dennis Stewart, Esq.
GUSTAFSONGLUEK PLLC
600W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 595-3299
Email: dstewart@gustafsongluek.com
NEW DIRECTION: Seeks to Compel Supplemental Discovery Responses
---------------------------------------------------------------
In the class action lawsuit captioned as Joseph Gilbert Theriault
and William Weigel, individually and on behalf of those similarly
situated, v. New Direction IRA, Inc., New Direction Trust Company,
and Mainstar Trust, Case No. 2:23-cv-02477-JWB-ADM (D. Kan.), the
Defendants ask the Court to enter an order granting their motion to
compel supplemental discovery responses.
Accordingly, New Direction requests that the Court compel the
Plaintiffs to produce all documents responsive to Requests Nos. 5,
12, and 13, including documents and communications relating to
non-self-directed IRA (SDIRA) precious-metals investments.
The requested materials fall comfortably within Rule 26's broad
relevance standard. Importantly, New Direction is not seeking
discovery into unrelated financial affairs or unrelated investment
activity.
Rather, it seeks communications and materials that identify the
sources of information the Plaintiffs received concerning
precious-metals investing, depository selection, storage options,
and First State Depository ("FSD") itself.
The Plaintiffs allege that New Direction recommended, directed,
steered, or otherwise influenced them to store their precious
metals at FSD, and that the Plaintiffs reasonably relied upon such
recommendations and/or alleged omissions in selecting FSD as their
depository.
New Direction is a provider of Individual Retirement Arrangements
(IRAs) and Health Savings Accounts (HSAs).
A copy of the Defendants' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lVJsvP at no extra
charge.[CC]
The Defendants are represented by:
M. Todd Carroll, Esq.
Kevin A. Hall, Esq.
WOMBLE BOND DICKINSON US LLP
1221 Main Street, Suite 1600
Columbia, SC 29201
Telephone: (803) 454-6504
E-mail: todd.carroll@wbd-us.com
kevin.hall@wbd-us.com
- and -
Stephen R. McAllister, Esq.
Harrison M. Rosenthal, Esq.
DENTONS US LLP
4520 Main Street, Suite 1100
Kansas City, MO 64111-7700
Telephone: (816) 460-2400
Facsimile: (816) 531-7545
E-mail: stephen.mcallister@dentons.com
harrison.rosenthal@dentons.com
NEWPORT GROUP: Ewing Proposed Form of Notice OK'd
-------------------------------------------------
In the class action lawsuit captioned as Ewing v. Newport Group,
Inc. et al., Case No. 2:22-cv-02136 (W.D. Tenn.), the Hon. Judge
Anderson entered an order granting approval to the Plaintiffs'
proposed form of notice and directing notice to the members of the
class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
Newport operates as retirement services firm.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Sm1op1 at no extra
charge.[CC]
NEWPORT GROUP: Jackson Proposed Form of Notice OK'd
---------------------------------------------------
In the class action lawsuit captioned as Jackson v. Newport Group,
Inc. et al., Case No. 2:22-cv-02174 (W.D. Tenn.), the Hon. Judge
Anderson entered an order granting approval to the Plaintiffs'
proposed form of notice and directing notice to the members of the
class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
Newport operates as retirement services firm.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=u3CLaC at no extra
charge.[CC]
NEWPORT GROUP: Russ Proposed Form of Notice OK'd
------------------------------------------------
In the class action lawsuit captioned as Russ et al., v. Newport
Group, Inc. et al., Case No. 1:22-cv-01129 (W.D. Tenn.), the Hon.
Judge Anderson entered an order granting approval to the
Plaintiffs' proposed form of notice and directing notice to the
members of the class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
Newport operates as retirement services firm.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KZzYxH at no extra
charge.[CC]
NEWPORT GROUP: Wade Proposed Form of Notice OK'd
------------------------------------------------
In the class action lawsuit captioned as Wade, et al., v. Newport
Group, Inc., et al., Case No. 1:22-cv-01126 (W.D. Tenn.), the Hon.
Judge Anderson entered an order granting approval to the
Plaintiffs' proposed form of notice and directing notice to the
members of the class.
The Court sets the Notice Date as no later than July 31, 2026. The
notice contains clear, concise, plain, and easily understood
language regarding (i) the nature of the action, (ii) the
definition of the class certified, and (iii) the class claims,
issues, or defenses.
In order to best serve the needs of the case, protect class
members, and fairly conduct the action, the Court will defer
ordering notice of the class action. The Court will adopt July 31,
2026, as the Notice Date and orders that notice be disseminated no
later than that date.
Based on a proposed Notice Date of July 31, the Plaintiffs have
also suggested an opt-out deadline of Sept. 11, 2026. Accordingly,
the Court sets Sept. 11, 2026, as the opt-out deadline for the
notice of class action.
The Court granted in part and denied in part the Plaintiffs'
renewed motion for class certification in an order entered on Jan.
2, 2026.
The Court subsequently granted the Plaintiffs' motion for partial
reconsideration in an order entered May 29, 2026.
Newport operates as retirement services firm.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wT1PZQ at no extra
charge.[CC]
NUTRIEN LTD: Flaten Suit Transferred to D. Kansas
-------------------------------------------------
The case styled as Dan Flaten, individually and on behalf of all
others similarly situated v. NUTRIEN LTD.; NUTRIEN AG SOLUTIONS;
THE MOSAIC CO.; MOSAIC FERTILIZER, LLC; CF INDUSTRIES HOLDINGS,
INC.; KOCH INDUSTRIES, LLC; KOCH AG & ENERGY SOLUTIONS, LLC; KOCH
FERTILIZER WEVER, LLC; KOCH AGRONOMIC SERVICES, LLC; KOCH
FERTILIZER, LLC; YARA INTERNATIONAL ASA; YARA NORTH AMERICA, INC.;
CANPOTEX LTD.; INTERNATIONAL FERTILIZER ASSOCIATION; AND THE
FERTILIZER INSTITUTE, Case No. 0:26-cv-02334 was transferred from
the U.S. District Court for the District of Minnesota, to the U.S.
District Court for the District of Kansas on June 23, 2026.
The District Court Clerk assigned Case No. 6:26-cv-01176-EFM-BGS to
the proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Nutrien -- https://www.nutrien.com/ -- is a leading global provider
of crop inputs and services.[BN]
The Plaintiffs are represented by:
Anthony Stauber, Esq.
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Michelle J. Looby, Esq.
GUSTAFSON GLUEK PLLC
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Phone: (612) 333-8844
Fax: (612) 339-6622
Email: tstauber@gustafsongluek.com
dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
mlooby@gustafsongluek.com
- and -
Dianne M. Nast, Esq.
Joanne E. Matusko, Esq.
Joseph N. Roda, Esq.
Michael Tarringer, Esq.
NASTLAW, LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Phone: (215) 923-9300
Fax: (215) 923-9302
Email: dnast@nastlaw.com
jmatusko@nastlaw.com
jnroda@nastlaw.com
- and -
Gwyneth F. Lietz, Esq.
Kenneth A. Wexler, Esq.
Melinda Jeanne Morales, Esq.
WEXLER BOLEY & ELGERSMA LLP
311 S. Wacker Drive, Ste. 5450
Chicago, IL 60606
Phone: (312) 261-6195
Fax: (312) 346-0022
Email: gfl@wbe-llp.com
kaw@wbe-llp.com
mjm@wbe-llp.com
NUTRIEN LTD: IIHAB Partnership Suit Transferred to D. Kansas
------------------------------------------------------------
The case styled as IIHAB Partnership, on behalf of itself and all
others similarly situated v. NUTRIEN LTD.; NUTRIEN AG SOLUTIONS;
THE MOSAIC CO.; MOSAIC FERTILIZER, LLC; CF INDUSTRIES HOLDINGS,
INC.; KOCH INDUSTRIES, LLC; KOCH AG & ENERGY SOLUTIONS, LLC; KOCH
FERTILIZER WEVER, LLC; KOCH AGRONOMIC SERVICES, LLC; KOCH
FERTILIZER, LLC; YARA INTERNATIONAL ASA; YARA NORTH AMERICA, INC.;
CANPOTEX LTD.; INTERNATIONAL FERTILIZER ASSOCIATION; AND THE
FERTILIZER INSTITUTE, Case No. 4:26-cv-00221 was transferred from
the U.S. District Court for the Western District of Missouri, to
the U.S. District Court for the District of Kansas on June 17,
2026.
The District Court Clerk assigned Case No. 6:26-cv-01169 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Nutrien -- https://www.nutrien.com/ -- is a leading global provider
of crop inputs and services.[BN]
The Plaintiff is represented by:
Bryan T. White, Esq.
Gene P. Graham, Jr., Esq.
WHITE, GRAHAM, BUCKLEY, & CARR, LLC
19049 East Valley View Parkway, Ste. C
Independence, MO 64055
Phone: (816) 373-9080
Fax: (816) 373-9319
Email: ggraham@wagblaw.com
bwhite@wagblaw.com
- and -
Benjamin J. Widlanski, Esq.
Brandon M. Sadowsky, Esq.
Lindsey E. Graham, Esq.
KOZYAK TROPIN THROCKMORTON LLP
2525 Ponce de Leon Boulevard, 9th Floor
Coral Gables, FL 33134
Phone: (305) 372-1800
Fax: (305) 372-3508
Email: bwidlanski@kttlaw.com
bsadowsky@kttlaw.com
lgraham@kttlaw.com
- and -
Joseph R. Saveri, Esq.
Diane S. Rice, Esq.
Cadio Zirpoli, Esq.
SAVERI LAW FIRM, LLP
550 California Street, Suite 910
San Francisco, CA 94104
Phone: (415) 500-6800
Facsimile: (415) 395-9940
Email: jsaveri@saverilawfirm.com
czirpoli@saverilawfirm.com
- and -
Clayton A. Jones, Esq.
CLAYTON JONES, ATTORNEY AT LAW
P.O. Box 257 405 W. 58 Hwy.
Raymore, MO 64083
Phone: (816) 318-4266
Fax: (816) 318-4267
Email: clayton@claytonjoneslaw.com
NUTRIEN LTD: Jewett Farms Suit Transferred to D. Kansas
-------------------------------------------------------
The case styled as Jewett Farms, LLC, individually and on behalf of
all persons similarly situated v. NUTRIEN LTD.; NUTRIEN AG
SOLUTIONS, INC.; THE MOSAIC CO.; MOSAIC FERTILIZER, LLC; CANPOTEX
LTD.; YARA INTERNATIONAL ASA; YARA NORTH AMERICA, INC.; CF
INDUSTRIES HOLDINGS, INC.; CF INDUSTRIES NITROGEN, LLC; CF
INDUSTRIES INC.; KOCH INDUSTRIES, INC.; KOCH AG & ENERGY SOLUTIONS,
LLC; KOCH AGRONOMIC SERVICES, LLC; THE FERTILIZER INSTITUTE; and
INTERNATIONAL FERTILIZER ASSOCIATION, Case No. 1:26-cv-04582 was
transferred from the U.S. District Court for the Northern District
of Illinois, to the U.S. District Court for the District of Kansas
on June 24, 2026.
The District Court Clerk assigned Case No. 6:26-cv-01191-EFM-BGS to
the proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Nutrien -- https://www.nutrien.com/ -- is a leading global provider
of crop inputs and services.[BN]
The Plaintiff is represented by:
Michael C Dell'Angelo, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3080
NUTRIEN LTD: Koon Suit Transferred to D. Kansas
-----------------------------------------------
The case styled as Robert Koon and Donna Koon doing business as:
Edgewood Dairy, individually and on behalf of all those similarly
situated v. NUTRIEN LTD.; NUTRIEN AG SOLUTIONS; THE MOSAIC CO.;
MOSAIC FERTILIZER, LLC; CANPOTEX LTD.; CF INDUSTRIES HOLDINGS,
INC.; CF INDUSTRIES, INC.; KOCH, INC. F/K/A KOCH INDUSTRIES, INC.;
KOCH AG & ENERGY SOLUTIONS, LLC; KOCH FERTILIZER LLC; KOCH
AGRONOMIC SERVICES, LLC; YARA INTERNATIONAL ASA; YARA NORTH
AMERICA, INC.,, Case No. 0:26-cv-02334 was transferred from the
U.S. District Court for the Western District of Missouri, to the
U.S. District Court for the District of Kansas on June 23, 2026.
The District Court Clerk assigned Case No. 6:26-cv-01176-EFM-BGS to
the proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Nutrien -- https://www.nutrien.com/ -- is a leading global provider
of crop inputs and services.[BN]
The Plaintiffs are represented by:
Bryan White, Esq.
Gene P. Graham, Jr., Esq.
WHITE GRAHAM BUCKLEY & CARR, LLC
19049 East Valley View Parkway, Suite C
Independence, MO 64055
Phone: (816) 373-9080
Fax: (816) 373-9319
Email: bwhite@wagblaw.com
ggraham@wagblaw.com
- and -
Joseph J. DePalma, Esq.
LITE DEPALMA GREENBERG & AFANADOR, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Phone: (973) 623-3000
Fax: (973) 623-0858
Email: jdepalma@litedepalma.com
- and -
Laura Mummert, Esq.
LITE DEPALMA GREENBERG & AFANADOR, LLC
1515 Market St., Suite 1200
Philadelphia, PA 19102
Phone: (973) 623-3000
Email: lmummert@litedepalma.com
NUTRIEN LTD: Miller Suit Transferred to D. Kansas
-------------------------------------------------
The case styled as Brian Miller, on behalf of himself and all
others similarly situated v. NUTRIEN LTD.; NUTRIEN AG SOLUTIONS;
THE MOSAIC CO.; MOSAIC FERTILIZER, LLC; CF INDUSTRIES HOLDINGS,
INC.; KOCH INDUSTRIES, LLC; KOCH AG & ENERGY SOLUTIONS, LLC; KOCH
FERTILIZER WEVER, LLC; KOCH AGRONOMIC SERVICES, LLC; KOCH
FERTILIZER, LLC; YARA INTERNATIONAL ASA; YARA NORTH AMERICA, INC.;
CANPOTEX LTD.; INTERNATIONAL FERTILIZER ASSOCIATION; AND THE
FERTILIZER INSTITUTE, Case No. 5:26-cv-06065 was transferred from
the U.S. District Court for the Western District of Missouri, to
the U.S. District Court for the District of Kansas on June 23,
2026.
The District Court Clerk assigned Case No. 6:26-cv-01180-EFM-BGS to
the proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Nutrien -- https://www.nutrien.com/ -- is a leading global provider
of crop inputs and services.[BN]
The Plaintiffs are represented by:
Diane S. Rice, Esq.
BROBECK, PHLEGER & HARRISON
One Market Plaza
Spear Street Tower
San Francisco, CA 94105
Phone: (415) 422-0900
- and -
Joseph R. Saveri, Esq.
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP - SF
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Phone: (415) 956-1000
Fax: (415) 956-1008
Email: jsaveri@lchb.com
- and -
Leland M. Shurin, Esq.
Richard F. Lombardo, Esq.
SHAFFER LOMBARDO SHURIN, PC - KC
2001 Wyandotte
Kansas City, MO 64108
Phone: (816) 931-0500
Fax: (816) 931-5775
Email: lshurin@sls-law.com
rlombardo@sls-law.com
- and -
Tim LaComb, Esq.
Joy M. Sidhwa, Esq.
Daniel Mogin, Esq.
MOGIN LAW LLP
4225 Executive Square, Suite 600
La Jolla, CA 92037
Phone: (619) 798-5362
Email: tlacomb@moginlawllp.com
jsidhwa@moginlawllp.com
dmogin@moginlawllp.com
- and -
Benjamin Widlanski, Esq.
Brandon M. Sadowsky, Esq.
Lindsey E. Graham, Esq.
KOZYAK TROPIN & THROCKMORTON
2525 Ponce De Leon Boulevard, Ste 9th Floor
Miami, FL 33134
Phone: (305) 372-1800
Fax: (305) 372-3508
Email: bwidlanski@kttlaw.com
bsadowsky@kttlaw.com
lgraham@kttlaw.com
- and -
Cadio Zirpoli, Esq.
SAVERI & SAVERI, INC.
111 Pine Street, Suite 1700
San Francisco, CA 94111
Phone: (415) 217-6810
Fax: (415) 217-6813
Email: zirpoli@saveri.com
OKANOGAN BEHAVIORAL: Agrees to Settle Data Breach Class Action
--------------------------------------------------------------
Steve Alder of The HIPAA Journal reports that Okanogan Behavioral
Healthcare, a provider of holistic behavioral health services in
Okanogan County, Washington, has agreed to settle a class action
lawsuit stemming from a May 2024 data breach that affected 26,429
individuals.
A network intrusion was identified on May 15, 2024, and the
forensic investigation determined that an unauthorized third party
had access to its network from May 13, 2024, to May 15, 2024. Data
exposed in the incident included client names, contact information,
dates of birth, Social Security numbers, driver's license numbers,
other identification numbers, and medical information, including
diagnosis and treatment information, and health insurance
information. The affected individuals started to be notified on
August 23, 2024.
A lawsuit was filed -- Doe v. Okanogan Behavioral Healthcare -- in
the Superior Court of the State of Washington for the County of
Okanogan in response to the data breach, alleging that the data
breach was due to the failure of the defendant to implement
reasonable and appropriate cybersecurity measures, and had they
been implemented, the data breach could have been prevented.
Okanogan Behavioral Healthcare denies wrongdoing and liability, and
disagrees with all claims and contentions in the lawsuit; however,
a settlement was agreed to avoid further litigation costs and the
uncertainty of a trial and associated appeals.
Okanogan Behavioral Healthcare has agreed to cover attorneys' fees
and expenses, settlement notification and administration costs, and
a service award for the class representative. Under the terms of
the settlement, class members may submit a claim for reimbursement
of losses due to the data breach and/or an alternative cash payment
or credit monitoring services.
Claims may be submitted for reimbursement of documented,
unreimbursed ordinary losses, up to a maximum of $300 per class
member, and extraordinary losses up to a maximum of $5,000 per
class member. A claim may also be submitted for an alternative cash
payment, anticipated to be $50 per class member, or two years of
credit monitoring services. The maximum claim is therefore $5,300
plus $50, or $5,300 plus credit monitoring services.
The deadline for objection to the settlement and exclusion is
August 4, 2026. The deadline for submitting a claim is September 3,
2026, and the final approval hearing has been scheduled for
September 3, 2026. [GN]
OKLAHOMA: Appeals Declaratory/Injunctive Relief Order to 10th Cir.
------------------------------------------------------------------
VIC REGALADO, et al. are taking an appeal from a court order in the
lawsuit entitled Richard Feltz, et al., on behalf of themselves and
all those similarly situated, Plaintiffs, v. Vic Regalado, Tulsa
County Sheriff, in his official capacity, et al., Defendants, Case
No. 4:18-CV-00298-SPF-JFJ, in the U.S. District Court for the
Northern District of Oklahoma.
The suit is brought against the Defendants for alleged civil rights
violations.
On May 12, 2026, Judge Stephen P. Friot entered an amended final
order granting declaratory and injunctive relief.
The appellate case is styled as Feltz, et al v. Regalado, et al.,
Case No. 26-5081, in the United States Court of Appeals for the
Tenth Circuit, filed on June 15, 2026. [BN]
Plaintiffs-Appellees RICHARD FELTZ, et al., on behalf of themselves
and all those similarly situated, are represented by:
Allison M. Holt-Ryan, Esq.
HOGAN LOVELLS
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: (202) 637-5600
- and -
Hayley Horowitz, Esq.
Phoebe Anne Kasdin, Esq.
Kristina Michelle Saleh, Esq.
STILL SHE RISES
608 East 46th Street North
Tulsa, OK 74126
Telephone: (914) 837-5535
(918) 392-0867
- and -
Vassi Iliadis, Esq.
HOGAN LOVELLS
1999 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 785-4600
- and -
Alexander Karakatsanis, Esq.
CIVIL RIGHTS CORPS
1601 Connecticut Avenue, NW, Suite 800
Washington, DC 20009
Defendants-Appellants VIC REGALADO, Tulsa County Sheriff, in his
official capacity, et al. are represented by:
Erin Morgan Moore, Esq.
Devan Pederson, Esq.
Office of the Attorney General for the State of Oklahoma
313 Northeast 21st Street
Oklahoma City, OK 73105
Telephone: (405) 521-3921
- and -
James Griffin Rea, Esq.
Michael Shouse, Esq.
John Tjeerdsma, Esq.
Douglas A. Wilson, Esq.
Tulsa County District Attorney
218 W. 6th St., 9th Floor
Tulsa, OK 74119
Telephone: (918) 596-4845
(918) 596-8795
OKLAHOMA: Appeals Injunctive Relief Order in Feltz Civil Suit
-------------------------------------------------------------
TAMMY BRUCE, et al. are taking an appeal from a court order in the
lawsuit entitled Richard Feltz, et al., on behalf of themselves and
all those similarly situated, Plaintiffs, v. Tammy Bruce, in her
capacity as Tulsa County Special Judge, et al., Defendants, Case
No. 4:18-CV-00298-SPF-JFJ, in the U.S. District Court for the
Northern District of Oklahoma.
The suit is brought against the Defendants for alleged civil rights
violations.
On May 12, 2026, Judge Stephen P. Friot entered an amended final
order granting declaratory and injunctive relief.
The appellate case is styled as Feltz, et al. v. Bruce, et al.,
Case No. 26-5080, in the United States Court of Appeals for the
Tenth Circuit, filed on June 15, 2026. [BN]
Plaintiffs-Appellees RICHARD FELTZ, et al., on behalf of themselves
and all those similarly situated, are represented by:
Allison M. Holt-Ryan, Esq.
HOGAN LOVELLS
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: (202) 637-5600
- and -
Hayley Horowitz, Esq.
Phoebe Anne Kasdin, Esq.
Kristina Michelle Saleh, Esq.
STILL SHE RISES
608 East 46th Street North
Tulsa, OK 74126
Telephone: (914) 837-5535
(918) 392-0867
- and -
Vassi Iliadis, Esq.
HOGAN LOVELLS
1999 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 785-4600
- and -
Alexander Karakatsanis, Esq.
CIVIL RIGHTS CORPS
1601 Connecticut Avenue, NW, Suite 800
Washington, DC 20009
Defendants-Appellants TAMMY BRUCE, in her capacity as Tulsa County
Special Judge, et al. are represented by:
Erin Morgan Moore, Esq.
Devan Pederson, Esq.
Office of the Attorney General for the State of Oklahoma
313 Northeast 21st Street
Oklahoma City, OK 73105
Telephone: (405) 521-3921
OLD COPPER: Class Cert. Bid Filing in Krantz Suit Due Dec. 24, 2027
-------------------------------------------------------------------
In the class action lawsuit captioned as JORDAN KRANTZ; MARJANIQUE
ROBINSON; and ARIANA SKURAUSKIS, v. OLD COPPER COMPANY, INC. f/k/a
J.C. PENNEY COMPANY, INC.; and PENNEY OPCO LLC d/b/a JCPENNEY, Case
No. 2:24-cv-10031-SPG-KS (C.D. Cal.), the Hon. Judge Garnett
entered a scheduling order as follows:
Event Deadlines
Class certification motion filed with Feb. 24, 2027
the Plaintiff's expert report:
Close of Discovery of Lead Plaintiff's Mar. 24, 2027
class certification witness(es):
Close of discovery on Defendant's May 19, 2027
class certification witness(es):
Reply in support of class Certification June 16, 2027
due with any necessary rebuttal reports:
Class certification hearing: July 7, 2027
Old Copper owns and operates department stores.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9h8LDZ at no extra
charge.[CC]
OPUS HOME LOANS: Waller Files TCPA Suit in E.D. Michigan
--------------------------------------------------------
A class action lawsuit has been filed against Opus Home Loans Inc..
The case is styled as Steven Waller, individually and on behalf of
all others similarly situated v. Opus Home Loans Inc., Case No.
2:26-cv-12060-JEL-KGA (E.D. Mich., June 21, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Opus Home Loans -- https://www.opushomeloans.com/ -- is an online
resource for personalized mortgage solutions, fast customized
quotes, great rates, & service with integrity.[BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
COLEMAN, PLLC
18117 Biscayne Blvd-Ste 4152
Miami, FL 33160
Phone: (877) 333-9427
Email: law@stefancoleman.com
ORACLE CORP: Inadequately Protects Private Info, Anderson Says
--------------------------------------------------------------
MICHAEL ANDERSON, on behalf of himself and all others similarly
situated, Plaintiff v. ORACLE CORPORATION and ADMINISTRATORS OF THE
TULANE EDUCATIONAL FUND D/B/A THE TULANE UNIVERSITY OF LOUISIANA
A/K/A TULANE UNIVERSITY, Defendants, Case No. 1:26-cv-01697 (W.D.
Tex., June 23, 2026) arises from Defendants' failure to adequately
protect the highly sensitive personally identifiable information
that they obtained from Plaintiff and Class Members.
The complaint relates that in the regular course of its business,
Oracle obtains the PII of millions of people--including names,
dates of birth, Social Security numbers, driver's license numbers,
passport numbers, government ID numbers, tax ID numbers, contact
information, telephone numbers, email addresses, physical
addresses, financial account information (including routing numbers
and account numbers), and payment card numbers (e.g., debit card
numbers, credit card numbers). Defendants made promises and
representations that the PII they collect and store would be kept
safe, confidential, that the privacy of that information would be
maintained, and that Defendants would delete any sensitive
information after they were no longer required to maintain it.
On August 10, 2025, the cybercriminal syndicate CL0P exploited a
vulnerability in the Oracle EBS software and then targeted and
exfiltrated the Private Information of Plaintiff and Class
Members. On March 12, 2026, Tulane determined that one or more
files exfiltrated contained Private Information including: name,
Social Security number, direct deposit and banking information. On
April 2, 2026 -- more than seven months after the Data Breach
occurred -- Defendant Tulane began issuing notice letters to
impacted individuals.
The Plaintiff and Class Members have suffered injury as a result of
Defendants conduct, asserts the complaint. These injuries include:
(i) invasion of privacy; (ii) theft of their Private Information;
(iii) lost or diminished value of Private Information; (iv) lost
time associated with attempting to mitigate the actual consequences
of the Data Breach; (v) loss of benefit of the bargain; (vi) lost
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; (vii) actual misuse of the
compromised data consisting of an increase in spam calls, texts,
and/or emails; (viii) nominal damages; and (ix) the continued and
certainly increased risk to their Private Information, says the
suit.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of himself, and all similarly situated
persons whose personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendants
inadequate data security practices.
Plaintiff Michael Anderson is a former employee of Defendant
Tulane.
Defendant Oracle Corporation is a multinational technology and
enterprise software firm based in Austin, Texas. It provides
database software and cloud computing software services to
companies across the United States, including to Tulane.
Defendant Administrators of the Tulane Educational Fund d/b/a The
Tulane University of Louisiana a/k/a Tulane University is a
private, non-profit university located in New Orleans, Louisiana.
Tulane is a client of Oracle.[BN]
The Plaintiff is represented by:
W. Mark Lanier, Esq.
THE LANIER LAW FIRM, P.C.
10940 W. Sam Houston Pkwy N.
Suite 100
Houston, TX 77064
Telephone: 713-659-5200
E-mail: mark.lanier@lanierlawfirm.com
- and -
Evan M. Janush, Esq.
THE LANIER LAW FIRM, P.C.
535 Madison Ave
New York, NY 10022
Telephone: 212-421-2800
E-mail: evan.janush@lanierlawfirm.com
- and -
John J. Nelson, Esq.
MILBERG, PLLC
280 S. Beverly Drive-Penthouse
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
ORACLE CORPORATION: C. A. Files Suit in W.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against Oracle Corporation.
The case is styled as C. A., on behalf of himself and all others
similarly situated v. Oracle Corporation, Case No. 7:26-cv-05130
(W.D. Tex., June 17, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Oracle Corporation -- https://www.oracle.com/ -- is an American
multinational technology company headquartered in Austin, Texas
[BN]
The Plaintiff is represented by:
W. Mark Lanier, Esq.
THE LANIER LAW FIRM
10940 W. Sam Houston Pkwy N., Suite 100
Houston, TX 77064
Phone: (713) 659-5200
Fax: (713) 659-2204
Email: Mark.Lanier@LanierLawFirm.com
PARTS TOWN: Rivers Sues to Recover Unpaid Overtime Compensation
---------------------------------------------------------------
Desire Rivers, individually, and on behalf of others similarly
situated v. PARTS TOWN, LLC, an Illinois limited liability company,
Case No. 1:26-cv-07382 (N.D. Ill., June 24, 2026), is brought to
recover unpaid overtime compensation, liquidated damages,
attorney's fees, costs, and other relief as appropriate under the
Fair Labor Standards Act ("FLSA") the Illinois Minimum Wage Law
("IMWL"), and the Illinois Wage Payment and Collection Act
("IWPCA") and common law.
Because the Plaintiff and all other CSRs typically worked 40 hours
or more in a workweek, Defendant's policies and practices also
deprived them of overtime pay. The Defendant is in possession of
the payroll and timekeeping records that will illustrate exactly
which weeks Plaintiff and the Receptionists worked over 40 hours
and exactly which weeks they worked under 40 hours.
The Defendant knew or should have known that the time spent by
Plaintiff and other CSRs in connection with the off-the-clock
pre-and post-shift activities is compensable under the law. Despite
knowing CSRs performed off-the-clock work before and after their
shifts, Defendant failed to make any effort to stop or disallow the
off-the clock work and instead suffered and permitted it to happen,
says the complaint.
The Plaintiff was employed by Defendant from November 2022 through
July 2025 as a non-exempt, hourly employee.
The Defendant is a leading global distributor of genuine original
equipment manufacturer repair and maintenance parts for the
foodservice, HVAC, commercial laundry, and residential appliance
industries.[BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Phone: (248) 355-0300
Email: jyoung@sommerspc.com
PEYTON PALAIO: Court Narrows Claims in Palaio FAC
-------------------------------------------------
In the class action lawsuit captioned as COREY TUCKER, individually
and on behalf of all others similarly situated, V. PEYTON PALAIO,
et al., Case No. 3:25-cv-00488-DJN (E.D. Va.), the Hon. Judge Novak
entered a judgement that will grant in part and deny in part the
Defendant's motion to dismiss the First Amended Complaint.
Specifically, the Court will:
(1) Deny the Defendant's motion to dismiss pursuant to 12(b)(2)
as to Individual Defendants Palaio, Reilly and Jennings and
Organizational Defendants Martian Sales, LGI, LP, and
Calibre;
(2) Grant the Defendant's 12(b)(6) Motion as to Counts II and III
and dismiss these counts in their entirety without prejudice;
(3) Deny the Defendant's 12(b)(6) motion as to the following
counts and parties, all of which shall proceed to discovery:
Count I: as to Defendants Palaio, Reilly, Jennings, JOpen,
Martian Sales, LGI, LP and Calibre;
Count IV: as to Defendants Palaio, Reilly, Jennings, JOpen,
Martian Sales, LGI, LP, and Calibre;
Count V: as to Defendants Palaio, Reilly and Jennings.
(4) Grant the Plaintiffs request for jurisdictional discovery as
to the Defendants Skelmis, Tautline, Fastlncense.com, FMK
and
CAG Holdings CO; and
(5) Hold in abeyance the Defendant's motion to dismiss pursuant
to 12(b)(2) and 12(b)(6) as to those Defendants pending the
completion of jurisdictional discovery.
The Court will delineate the parameters of the parties'
jurisdictional discovery in the Order accompanying this Memorandum
Opinion.
The Court finds that the Plaintiff has adequately demonstrated that
Organizational Defendants Martian Sales, LGI, LP, and Calibre
constitute alter egos of Defendant JOpen, meriting piercing of
those entities' corporate veil and imputing JOpen's contacts with
Virginia to those Defendants.
Likewise, the Court finds that the Plaintiff has sufficiently
established specific personal jurisdiction over Individual
Defendants Palaio, Jennings and Reilly based on their purported
acts in furtherance of a conspiracy with JOpen.
A copy of the Court's memorandum opinion dated June 17, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=o1XeeP
at no extra charge.[CC]
PHILLIPS 66: Class Cert. Bid Filing Due Feb. 26, 2027
-----------------------------------------------------
In the class action lawsuit captioned as SUDIE PLEASANT, et al., v.
PHILLIPS 66 COMPANY, Case No. 3:25-cv-10341-RS (N.D. Cal.), the
Hon. Judge Richard Seeborg entered a case management scheduling
order as follows:
-- The deadline to amend the pleadings without seeking leave from
the Court shall be Aug. 31, 2026.
-- On or before Feb. 26, 2027, the Plaintiff will file a motion
for class certification.
-- On or before March 29, 2027, the Defendant will file its
opposition to class certification.
-- On or before April 9, 2027, the Plaintiff will file any reply,
if any, to the defendant's opposition.
-- The Plaintiff's motion for class certification shall be heard
on April 22, 2027, at 1:30 PM.
In putative class actions, prior to submitting any motion for
approval of a class settlement, the parties shall review the
guidelines at
http://cand.uscourts.gov/ClassActionSettlementGuidanceand tailor
the motion appropriately.
The Defendant is an American multinational energy company.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yzZdt0 at no extra
charge.[CC]
PILOT TRAVEL CENTERS: Frazier Suit Removed to C.D. California
-------------------------------------------------------------
The case captioned as Freddie Saevon Frazier, on behalf of himself,
those similarly situated, and/or aggrieved California-based
non-exempt employees v. PILOT TRAVEL CENTERS LLC, a Delaware
Limited Liability Company; and Does 1 through 50, inclusive, Case
No. CV2026-1201 was removed from the Superior Court for the State
of California, in and for the County of Yolo, to the United States
District Court for Eastern District of California on June 24, 2026,
and assigned Case No. 2:26-at-01066.
The Plaintiff filed this employment action alleging the following
causes of action: whistleblower retaliation in violation of
California Labor Code Section 1102.5; retaliation for safety
complaints in violation of California Labor Code Section 6310;
wrongful termination in violation of public policy; failure to
reimburse necessary business expenses; waiting time penalties; and
civil penalties pursuant to the Private Attorney's General Act of
2004 ("PAGA"), Labor Code Section 2698 (the "Complaint").[BN]
The Defendants are represented by:
Brittany L. McCarthy, Esq.
Christina H. Hayes, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, California 92101.3577
Phone: 619.232.0441
Facsimile: 619.232.4302
Email: blmccarthy@littler.com
chayes@littler.com
POVERELLO CENTER: McKenzie's Bid for Appointment of Counsel Tossed
------------------------------------------------------------------
In the class action lawsuit captioned as SHAWN S. MCKENZIE, v.
POVERELLO CENTER, INC., BLACK KNIGHT SECURITY & INVESTIGATIONS,
LLC, CITY OF MISSOULA, MISSOULA COUNTY, MISSOULA COUNTY
COMMISSIONERS, MISSOULA CITY COUNCIL, ANDREA DAVIS, JILL BONNY,
JOHN DOES 1-4; and JANE DOES 1-10, Case No. 9:25-cv-00097-KLD (D.
Mont.), the Hon. Judge DeSoto entered an order denying:
(1) McKenzie's motion for appointment of counsel;
(2) Motion to stay proceedings pending resolution of motion for
appointment of counsel;
(3) Motion for limited, expedited pre-dismissal discovery; and
(4) Motion to compel production of public records are deined.
The Court further orders that this action is stayed pending the
Court's ruling on the motions currently pending on the docket. The
parties shall not file any additional motions, briefing, or other
materials until this stay is lifted.
The Court finds that a temporary stay of these proceedings pending
resolution of the Defendants' motions to dismiss and for judgment
on the pleadings, and McKenzie's motion for leave to file an
Amended Complaint, is warranted.
A temporary stay will not cause any unnecessary delay, will not
result in any hardship or inequity, and will promote judicial
economy by limiting the filing of additional motions, briefs, and
other materials so that the Court can address the many motions that
are already pending.
The Plaintiff Shawn McKenzie, who is proceeding pro se and in forma
pauperis, brings this action under 42 U.S.C. section 1983 alleging
federal constitutional claims and pendent state constitutional
claims arising out of the enforcement of a no firearms policy at a
homeless shelter located in Missoula.
Poverello is a non-profit organization dedicated to providing food,
shelter, clothing and other essential services.
A copy of the Court's order dated June 17, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZzKrFp at no extra
charge.[CC]
PREFERRED BANK: Dawkins Sues Over Data Privacy Violations
---------------------------------------------------------
MONICA DAWKINS, individually and on behalf of all other similarly
situated, Plaintiff v. PREFERRED BANK, Defendant, Case No.
2:26-at-01077 (E.D. Cal., June 25, 2026) alleges violation of the
California Invasion of Privacy Act, and the Federal Wiretap Act.
According to the Plaintiff in the complaint, the Defendant
knowingly embeds and deploys the Trackers on the Website,
www.preferredbank.com, to facilitate the third parties'
interception of the contents of users' electronic communications.
The Plaintiff and the Class Members did not consent to the
installation, execution, embedding, or injection of the Google
Analytics Trackers on their devices and did not consent to the
contents of their communications with the Website being intercepted
by third parties.
Preferred Bank is an independent commercial bank headquartered in
Los Angeles, California. It provides community banking, commercial
real estate loans, and international trade financing. [BN]
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Hwy., Suite 200
Newport Beach, CA 92663
Telephone: (949) 270-2798
Email: rnathan@nathanlawpractice.com
- and -
Ross Cornell, Esq.
LAW OFFICES OF ROSS CORNELL, APC
P.O. Box 1989 #305
Big Bear Lake, CA 92315
Telephone: (562) 612-1708
Email: rc@rosscornelllaw.com
REDDIT INC: Class Cert Bid in Babbini Suit Due July 13, 2027
------------------------------------------------------------
In the class action lawsuit captioned as Babbini, v. Reddit, Inc.,
Case No. 3:26-cv-01532-TLT (N.D. Cal.), the Hon. Judge Thompson
entered a case management and scheduling order as follows:
Trial date: July 10, 2028
Final pretrial conference: May 25, 2028
Expert discovery cut-off: Nov. 02, 2027
Fact discovery cut-off: Aug. 10, 2027
Last day to hear motion for July 13, 2027
class certification:
Initial disclosures due: July 2, 2026
Reddit is an American proprietary social news aggregation and forum
social media platform.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=AZ99Ro at no extra
charge.[CC]
RENAISSANCE ENTERTAINMENT: Settles Ticket Fees' Suit for $1.9MM
---------------------------------------------------------------
Nicole Aljets of ClaimDepot reports that consumers who paid a
service fee to purchase an electronic ticket to the New York
Renaissance Faire through the official event website between Aug.
29, 2022, and April 4, 2025, may be eligible to submit a claim for
up to $20 from a class action settlement.
Renaissance Entertainment Productions Inc. agreed to pay up to $1.9
million to settle a class action lawsuit alleging it failed to
properly disclose service fees for tickets sold online for the New
York Renaissance Faire in Tuxedo, New York.
Who can file a claim for a payout?
Class members are individuals in the United States who purchased an
electronic ticket to the New York Renaissance Faire located in
Tuxedo, New York, between Aug. 29, 2022, and April 4, 2025.
How much are settlement payments?
Cash payment: Class members can submit a claim to receive a cash
payment of up to $20.
How to claim a class action rebate
To receive a settlement payment, class members can file a claim
online or print the PDF claim form to complete and mail to the
settlement administrator.
Settlement administrator's mailing address: New York Renaissance
Faire Ticket Fee Settlement Administrator, PO Box 2569, Portland,
OR 97208-2569
The claim deadline is Aug. 24, 2026.
Required claim information
All class members must provide the unique ID from the settlement
notice they received. Online claimants must also provide the PIN
from the same notice.
Payout options
-- PayPal
-- Venmo
-- Zelle
-- Paper check mailed to the address provided
Settlement fund breakdown
The settlement fund is capped at $1,900,000 and will include:
-- Settlement administration costs: To be determined
-- Attorneys' fees and costs: Up to $633,333.33
-- Service award to class representative: Up to $5,000
-- Payments to approved class members: Up to $20 per valid claim
Important dates
-- Deadline to opt out: Aug. 24, 2026
-- Deadline to file a claim: Aug. 24, 2026
-- Final approval hearing: Sept. 22, 2026
When is the New York Renaissance Faire ticket fee settlement payout
date?
The settlement administrator will issue payments to approved
claimants no later than 90 days after the court grants final
approval of the settlement.
Why is there a class action settlement?
The class action lawsuit alleged Renaissance Entertainment
Productions Inc. failed to properly disclose service fees for
online ticket sales to the New York Renaissance Faire in violation
of New York Arts and Cultural Affairs Law Sec. 25.07(4).
The company denies the allegations but agreed to settle to avoid
the uncertainty and cost of continued litigation.
Settlement Open for Claims
Award: Up to $20
Deadline: August 24, 2026 [GN]
RICOH USA: Seeks Reconsideration of Class Cert. Order in MTP Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as MIKE THE PRINTER, INC., a
California corporation, individually and on behalf of all others
similarly situated, v. RICOH USA, INC., a Delaware corporation; and
DOES 1-100, inclusive, Case No. 2:24-cv-08192-JFW-AYP (C.D. Cal.),
the Defendants, on Aug. 3, 2026, at 1:30 p.m., will move for entry
of an order:
(1) reconsidering the Court's June 4, 2026, Order granting the
Plaintiff's motion for class certification and, upon
reconsideration, vacating or modifying the Order, and
(2) clarifying the Order with respect to the temporal scope of
the class definition and the specific claims the Plaintiff
may pursue on behalf of the certified class and/or subclass
pursuant to L.R. 7-18, Federal Rule of Civil Procedure
23(c)(1)(C), and Federal Rule of Civil Procedure 60(b) (the
"Motion").
This Motion is made following the conference of counsel, pursuant
to section 5(b) of the above-captioned Court's Standing Order, and
L.R. 7-3, which took place on June 11, 2026.
Ricoh is an information management and digital services company.
A copy of the Defendants' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qeQrnq at no extra
charge.[CC]
The Defendants are represented by:
Jennifer A. Riley, Esq.
Deanna J. Lucci, Esq.
Betty Luu, Esq.
Taylor A. Stewart, Esq.
Gerald L. Maatman, Jr., Esq.
Brian A. Mcaleenan, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017
Telephone: (213) 689-7442
Facsimile: (213) 403-6511
E-mail: JARiley@duanemorris.com
DJLucci@duanemorris.com
BLuu@duanemorris.com
TStewart@duanemorris.com
GMaatman@duanemorris.com
BAMcaleenan@duanemorris.com
RIVER HEIGHTS: Kidd Suit Seeks to Stay Class Cert Deadlines
-----------------------------------------------------------
In the class action lawsuit captioned as Michael Kidd, Donna
McKnight, and Barbara Johnson, individually and on behalf of all
persons similarly situated, v. River Heights Capital LLC, David
Kennedy Bifulco, and Pollack & Rosen, P.A., Case No.
2:25-cv-05112-MRP (E.D. Pa.), the Plaintiffs ask the Court to enter
an order granting their motion to stay discovery and class
certification deadlines pending resolution of motions.
Despite the Plaintiffs serving their first discovery requests on
Feb. 5, the Defendants have repeatedly delayed and dragged their
feet in producing both class discovery and merits discovery
relevant to the Plaintiffs' claims such that -- over four months
later -- most discovery the Plaintiffs are entitled to is still
outstanding, the suit claims.
Further, none of the discovery produced by either Defendant has
complied with the Court's ESI Order, which has hampered the
Plaintiffs' ability to review even the limited discovery provided,
the suit adds.
River Heights is a debt collection law firm.
A copy of the Plaintiffs' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=p21A0P at no extra
charge.[CC]
The Plaintiffs are represented by:
David Nagdeman, Esq.
Irv Ackelsberg, Esq.
LANGER, GROGAN & DIVER P.C.
1717 Arch St., Ste 4020
Philadelphia, PA 19103
Telephone: (215) 320-5660
E-mail: dnagdeman@langergrogan.com
iackelsberg@langergrogan.com
- and -
Thomas Ferrant, Esq.
Tamar Hoffman, Esq.
Kerry Smith, Esq.
COMMUNITY LEGAL SERVICES INC.
100 N. 18th St. Ste. 3400
Philadelphia, PA 19103
Telephone: (267) 443-2675
E-mail: tferrant@clsphila.org
thoffman@clsphila.org
ksmith@clsphila.org
ROBERT LUNA: Stewart Seeks Reconsideration of Class Cert Denial
---------------------------------------------------------------
In the class action lawsuit captioned as KEVIN STEWART, and JUAN
CARLOS VAZQUEZ, on behalf of themselves and others similarly
situated, v. ROBERT LUNA, SHERIFF, et al., Case No.
2:23-cv-04641-ODW-ADS (C.D. Cal.), the Plaintiffs, on July 20,
2026, at 1:30 p.m., will request the Court an Order granting
reconsideration of its Order denying class certification.
This motion is filed pursuant to the stipulation of the parties
regarding L.R. 7- 3, filed concurrently.
Robert Luna is an American law enforcement officer who has served
as the sheriff of Los Angeles County since 2022.
A copy of the Plaintiffs' motion dated June 17, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ircyZy at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeff Dominic Price, Esq.
JDP PC
23465 Civic Center Way
Malibu, CA 90265-5581
Telephone: (310) 451-2222
E-mail: jdp@jdpfirm.com
The Defendant is represented by:
Justin W. Clark, Esq.
LAWRENCE BEACH ALLEN & CHOI, PC
150 S. Los Robles Ave., Ste. 660
Pasadena, CA 91101
RUGGABLE LLC: Class Cert Deadline Continued to Dec. 4
-----------------------------------------------------
In the class action lawsuit captioned as KAITLYN GUTHRE,
individually and on behalf of all those similarly situated, v.
RUGGABLE LLC, Case No. 2:26-cv-02279-JFW-MBK (C.D. Cal.), the Hon.
Judge Walter entered an order granting the Plaintiff's ex parte
application to continue class certification deadline.
The deadline for the Plaintiff's motion for class certification
shall be continued from July 10, 2026, to Dec. 4, 2026.
Ruggable provides flooring products.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eNwnZV at no extra
charge.[CC]
RUGSUSA LLC: Class Cert Hearing Sought in Preciado Lawsuit
----------------------------------------------------------
In the class action lawsuit captioned as EVELIN PRECIADO,
individually and on behalf of all others similarly situated, v.
RUGSUSA, LLC, Case No. 1:25-cv-01243-CNS-KAS (D. Colo.), the
Parties ask the Court to enter an order granting their motion
requesting a hearing regarding the Plaintiff's motion for class
certification and requesting that the scheduled final pretrial
conference be vacated.
The Parties request an in-person hearing to argue the Plaintiff's
motion for class certification on July 2, 2026.
A hearing will provide an opportunity for the parties to address
the Court and to respond to questions that the Court may have
regarding the Motion and to give more junior attorneys a meaningful
opportunity to present arguments to the Court.
Additionally, the Parties request that the final pretrial
conference currently scheduled for Aug. 11, 2026 be vacated and be
reset after the Court rules on the Motion.
RugsUSA sells home furnishings and decor products.
A copy of the Parties' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pyftW4 at no extra
charge.[CC]
RYAN MORAN: Plaintiffs Lose Bid for Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as C.F. et al, v. Ryan Moran,
Case No. 3:26-cv-05095-TMC (W.D. Wash.), the Hon. Judge Tiffany M.
Cartwright entered an order denying the Plaintiffs' motion for
class certification as follows:
The Plaintiffs seek to certify two classes. The first class (the
"proposed PDN class") would consist of:
"All Medicaid-enrolled children under the age of 21 in the
State of Washington who have been approved for Private Duty
Nursing (PDN) services by the Defendant, but who are not
receiving Private Duty Nursing services at the level approved
by the Defendant."
The second class (the "proposed PC class") would consist of:
"All Medicaid-enrolled children under the age of 21 in the
State of Washington who have been approved for Personal Care
(PC) services by the Defendant, but who are not receiving
Personal Care services at the level approved by the Defendant."
The Plaintiffs argue that they meet the requirements of Rule
23(b)(2) because the Defendant's alleged failure to arrange for
Private Duty Nursing ("PDN") and Personal Care ("PC") services is
generally applicable to the potential class members. But as the
Defendant points out, the Plaintiffs' request for payment of
parents who perform PC services demonstrates the fact-bound inquiry
necessary to provide relief for each potential class member.
Given that the Plaintiffs have not identified a generally
applicable practice or policy—aside from the lack of services
received—it is not clear to the Court what sort of injunctive
relief would redress the varied injuries of potential class
members. The Court therefore agrees with the Defendant that the
Plaintiffs have not met the requirements of Rule 23(b)(2).
The Plaintiffs are five Washington children with complex health
needs who qualify for services from the Washington State Health
Care Authority. They allege that Defendant Ryan Moran, the Director
of the Washington State Health Care Authority, has failed to
provide their approved PDN and PC services in violation of the
Medicaid Act, the Americans with Disabilities Act, and the
Rehabilitation Act.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TR01EE at no extra
charge.[CC]
SAINT PETER'S: Pollinger Sues Over Communications Interception
--------------------------------------------------------------
Danielle Pollinger and Akua Kwakwa, individually and on behalf of
all others similarly situated v. SAINT PETER'S HEALTHCARE SYSTEM,
INC., Case No. 2:26-cv-07394 (D.N.J., June 19, 2026), is brought
arising from Defendant's unlawful interception and disclosure of
its patients' and website users' confidential communications
through third-party tracking technologies embedded on its website,
https://www.saintpetershcs.com/ (the "Website").
Through its Website, Defendant invites patients and prospective
patients to, among other things, search for medical conditions,
identify healthcare providers, schedule medical appointments, pay
medical bills, and access patient services, thereby encouraging
users to communicate highly sensitive health-related information.
Unbeknownst to users, Defendant uses tracking technologies on its
Website--including Google Analytics, DoubleClick, and
ShareThis—that intercept users' electronic communications in real
time and transmit the contents of those communications to third
parties.
The Defendant's conduct is not accidental. Rather, Defendant
knowingly implemented these tracking technologies to monitor users'
interactions with its Website and to disclose those interactions to
third parties for analytics, marketing, and monetization purposes.
These disclosures increase the value of Defendant's digital assets,
including its Website, by enabling third parties to build detailed
user profiles to help them target individuals with advertising for
commercial gain. The Defendant does not disclose that, upon
receipt, users' private health information will be transmitted to
third parties for marketing and analytics purposes, nor does
Defendant obtain users' consent to do so. The Defendant's conduct
is ongoing and affects thousands of users like Plaintiffs and
others similarly situated who have visited Defendant's Website from
New Jersey and across the United States.
As a result of Defendant's conduct, Plaintiffs and Class Members
have suffered injury, including the invasion of their privacy, the
unauthorized interception and disclosure of their confidential
communications and sensitive health-related information, and the
loss of control over their sensitive health-related information,
says the complaint.
The Plaintiffs have been Defendant's patient for many years and
have used Defendant's Website numerous times.
Saint Peter's Healthcare System, Inc. is a nonprofit healthcare
provider headquartered in New Brunswick, New Jersey.[BN]
The Plaintiffs are represented by:
Gary S. Graifman, Esq.
Melissa R. Emert, Esq.
KANTROWITZ, GOLDHAMER, GRAIFMAN, PERLMUTTER & CARBALLO
P.C.
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Phone: 845-356-2570
Fax: 845-356-4335
Email: memert@kgglaw.com
ggraifman@kgglaw.com
- and -
Lisa Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Rd, Suite 205
Scottsdale, AZ 85254
Phone: 602-762-2661
Email: lisa@donbivens.com
SAN DIEGO CONVENTION: Conditional Status of Collective Partly OK'd
------------------------------------------------------------------
In the class action lawsuit captioned as JOSE DE LA CERDA, on
behalf of others similarly situated, v. SAN DIEGO CONVENTION CENTER
CORPORATION, INC., Case No. 3:24-cv-01058-CAB-DDL (S.D. Cal.), the
Hon. Judge Bencivengo entered an order partially granting motion to
conditionally certify the Proposed the Fair Labor Standards Act
("FLSA") Collective.
The Plaintiff has met the lenient notice-stage standard for
conditional certification with respect to the Defendant's alleged
rounding and overtime calculation practices. If, after the close of
discovery, it becomes apparent that these claims should be pursued
on an individual basis, the Defendant may move to decertify the
collective.
Accordingly, the Court grants the Plaintiff's motion for
conditional certification of a collective under the FLSA with
respect to the Defendant's alleged non-neutral rounding and
overtime calculation practices.
The Court deems notice by email sufficient. The Plaintiff may email
the potential collective members for whom the Plaintiff has
received email addresses. The Plaintiff may additionally identify
any employees for whom no email address has been produced by the
Defendant and provide a list of those employees to the Defendant.
The Defendant must then mail a copy of the notice to the employee's
address.
The Court denies the Plaintiff's request to post the notice in the
San Diego Convention Center because the Plaintiff has not shown how
that would reach potential collective members not otherwise
notified.
The Plaintiff asks the Court to conditionally certify a Proposed
FLSA Collective as follows:
"All current and former non-exempt hourly employees of San
Diego Convention Center Corporation, Inc. who worked in the
United States of America at any time during the three years
preceding the filing of this action through the present date."
The Defendant provides event management services.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6dSzCr at no extra
charge.[CC]
SANDISK SSDS: Plaintiffs to File Renewed Bid for Class Cert
-----------------------------------------------------------
In the class action lawsuit captioned re Sandisk SSDS Litigation,
Case No. 3:23-cv-04152-RFL (N.D. Cal.), the Plaintiffs, on Aug. 18,
2026, at 10:00 a.m., will renew their motion for class
certification and seek an Order:
(i) certifying the proposed revised, narrower injunctive
relief
class under Rules 23(a) and 23(b)(2) of the Federal Rules
of Civil Procedure, namely:
"All persons residing in the United States who, since 2020,
purchased, own, and possess an Impacted Drive1 that has not
been repaired, replaced, or refunded"
(ii) appointing Plaintiffs as representatives of the class, and
(iii) appointing Silver Golub & Teitell LLP and Bursor &
Fischer,
P.A. as Class Counsel.
On Oct. 14, 2025, the Plaintiffs moved for class certification
under Rules 23(b)(3) and 23(b)(2).
The Defendants are technology companies that engage in the
manufacture and sale of data storage devices including external
solid-state drives, known as SSDs.
A copy of the Plaintiffs' motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MRPeBj at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
lsironski@bursor.com
- and -
Ian W. Sloss, Esq.
Johnathan Seredynski, Esq.
Krystyna Gancoss, Esq.
Samantha Blend, Esq.
Kaitlin Sayed, Esq.
SILVER GOLUB & TEITELL LLP
One Landmark Square, Floor 15
Stamford, CT 06901
Phone: (203) 425-4491
E-mail: isloss@sgtlaw.com
jeseredynski@sgtlaw.com
kgancoss@sgtlaw.com
sblend@sgtlaw.com
ksayed@sgtlaw.com
SCHLUMBERGER TECH: Summary Judgment Granted on Appeal in Guilbeau
-----------------------------------------------------------------
In the case of TREVER GUILBEAU, Individually and on behalf of all
others similarly situated; CHRISTOPHER O'MARA, individually and on
behalf of all others similarly situated; HENRY HERBERT, JR.,
Plaintiffs-Appellees, v. SCHLUMBERGER TECHNOLOGY CORPORATION,
Defendant-Appellant, Case No. 25-50594 (5th Cir.), the U.S. Court
of Appeals for the Fifth Circuit granted summary judgment in favor
of Schlumberger on Guilbeau's individual claim.
The collective action concerns eligibility for overtime pay under
the Fair Labor Standards Act (FLSA). The statute requires overtime
compensation for covered employees paid on a daily basis but
exempts salaried employees. At issue is a "hybrid" compensation
structure used by Schlumberger, which paid workers partly by salary
and partly by day rate. The appeal centers on whether this hybrid
pay arrangement qualifies as salary-based compensation exempt from
FLSA overtime requirements and related regulations.
The named plaintiffs were Schlumberger employees. Trever Guilbeau
worked as a Directional Driller (DD), responsible for providing
oilfield drilling services and executing non-vertical well-drilling
projects. Christopher O'Mara worked as a Measuring While Drilling
(MWD) employee, an engineering role involving the collection,
monitoring, and reporting of data from tools and sensors used in
directional drilling operations.
Schlumberger paid both DDs and MWDs under an undisputed "hybrid"
system consisting of fixed pay and variable pay. Every two weeks,
Guilbeau received $1,826 and O'Mara received $2,538.46 in fixed pay
that did not vary with hours or days worked.
Guilbeau received a $525 "rig day rate" for each day he worked on a
rig and a $262.50 "standby day rate" for each day he remained
on-site without working, while O'Mara earned $160 per day worked on
a rig. Guilbeau also received additional bonuses for exemplary or
extra work, such as serving as the most experienced crew member or
working on a short-staffed crew. This variable pay often made up a
substantial portion of total compensation; for example, in a
seven-day workweek, Guilbeau earned $913 in fixed pay plus $3,675
in rig day rates, totaling $4,588. The Plaintiffs routinely worked
more than 40 hours per week without receiving overtime pay.
Guilbeau and O'Mara filed an FLSA collective action seeking
overtime compensation for themselves and other DD and MWD employees
who were paid through a combination of salary and day rates. They
moved for notice to potential collective members, while
Schlumberger sought partial summary judgment, arguing that Guilbeau
was exempt from overtime as a salaried employee. The district court
denied Schlumberger's motion, allowed notice to the DD collective
but denied it for MWDs, and later granted interlocutory appeal
under 28 U.S.C. Section 1292(b), citing a shifting legal
landscape.
This appeal followed. The parties dispute only the "highly
compensated employee" (HCE) exemption, specifically whether
Schlumberger paid Guilbeau on a salary basis. The relevant
regulations set out two methods for establishing exempt
salary-basis compensation.
The Fifth Circuit must determine which regulatory framework, if
any, applies to Guilbeau's compensation structure. Under 29 C.F.R.
Section 541.602(a), an employee is treated as paid on a salary
basis if the guaranteed compensation is paid on a weekly or longer
basis, with the "predetermined sum" calculated on a weekly basis.
Section 541.604(a) clarifies that employers may provide additional
compensation without defeating the exemption, so long as the
employee receives a guaranteed minimum weekly salary. Section
541.604(b) addresses employees paid on an hourly, daily, or shift
basis, who may still qualify as salaried if they are guaranteed at
least the minimum weekly salary regardless of hours worked and if
there is a reasonable relationship between the guaranteed amount
and actual earnings.
The Fifth Circuit held that Guilbeau's hybrid compensation scheme
satisfied the requirements of 29 C.F.R. Section 541.602(a), meaning
he was paid on a salary basis and was therefore exempt from
overtime as a HCE. Schlumberger's biweekly guaranteed payment of
$1,826 exceeded the regulatory minimum, was predetermined, and was
not tied to hours or work performed, entitling Schlumberger to
partial summary judgment on his individual claim.
However, the Fifth Circuit declined to extend that ruling to the
broader collective action, noting that the record lacked
individualized evidence regarding other opt-in plaintiffs' job
duties, compensation structures, and exemption status. It therefore
remanded those issues to the district court for further proceedings
and declined to reach Schlumberger’s additional arguments
regarding estoppel and the collective notice process.
In conclusion, the Fifth Circuit held that Guilbeau was paid on a
salary basis and therefore was ineligible for overtime
compensation. It reversed the district court's ruling, granted
summary judgment in favor of Schlumberger on Guilbeau's individual
claims, and remanded the case for further proceedings consistent
with its Opinion.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/cbZfMMLBt
SECURITAS SECURITY: Must Oppose Ulloa Class Cert Bid by July 7
--------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL ANGEL ULLOA II, an
individual, on behalf of himself and all others similarly situated,
v. SECURITAS SECURITY SERVICES USA, INC., a Delaware corporation;
and DOES 1 through 50, inclusive, Case No. 4:23-cv-01752-ASK (N.D.
Cal.), the Hon. Judge Ajay Krishnan entered an order granting
stipulation to modify briefing schedule for the Plaintiffs' motion
for class certification.
1. The Court modifies the briefing schedule and hearing date for
the Plaintiffs' motion for class certification as follows:
a. The Defendant's deadline to file an opposition to the
Plaintiffs' motion for class certification shall be
extended to July 7, 2026;
b. The Plaintiffs' deadline to file a reply in support of
their motion for class certification shall be extended to
Aug. 12, 2026; and
c. The current hearing date of Aug. 12, 2026 at 1:30 p.m.
shall be continued to Sept. 9, 2026 at 1:30 p.m.
Securitas is a provider of integrated electronic security
solutions.
A copy of the Court's order dated June 17, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KlifHP at no extra
charge.[CC]
SENTURE LLC: Odum Sues Over to Recover Unpaid Overtime Wages
------------------------------------------------------------
Taliyah Odum, individually and on behalf of all others similarly
situated v. SENTURE, LLC, Case No. 6:26-cv-00196-REW-HAI (E.D. Ky.,
June 23, 2026), is brought to recover unpaid overtime compensation
under the Fair Labor Standards Act ("FLSA").
Although Senture paid Plaintiff and other hourly-paid call-center
employees some overtime compensation based on their recorded hours,
Senture failed to pay all overtime compensation required by the
FLSA because it did not include all compensable work time in
employees' total hours worked. This omitted compensable time
included, among other things, pre-shift boot-up, pre-shift login
time, call-readiness work, required computer-based training
performed outside recorded paid time, post-shift call completion
and call-related work, short compensable breaks treated as unpaid
time, and time lost or omitted because of Senture's timekeeping and
time-editing practices. As a result, hourly-paid call-center
employees who work more than 40 hours in a workweek are not paid
overtime compensation at one and one-half times their regular rates
of pay for all hours worked over forty, says the complaint.
The Plaintiff has worked for Senture as an hourly-paid call-center
employee from June 18, 2025.
Senture provides customer service and call-center work.[BN]
The Plaintiff is represented by:
Anne L. Gilday, Esq.
LAWRENCE, BEIRNE & LEWIS
535 Madison Avenue, Suite 500
Covington, KY 41011
Phone: (859) 578-9130
Fax: (859) 578-1032
Email: anne.gilday@lbllaw.com
- and -
Achchana Ranasinghe, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (877) 561-0000
Fax: (855) 582-5297
Email: ac@jtblawgroup.com
nicholasconlon@jtblawgroup.com
SERVICEAIDE INC: Agrees to $1.8MM Data Breach Class Settlement
--------------------------------------------------------------
Nicole Aljets of ClaimDepot reports that current and former
Catholic Health patients in the United States who received notice
that the Serviceaide data breach that occurred between Sept. 19,
2024, and Nov. 5, 2024, affected their private information may
qualify to submit a claim for up to $5,000 from a class action
settlement. The incident compromised data belonging to
approximately 480,000 individuals.
Serviceaide Inc. agreed to pay $1.8 million to settle a class
action lawsuit alleges negligence, breach of implied contract,
unjust enrichment and invasion of privacy related to a
cybersecurity incident that potentially exposed the sensitive
information of current and former patients of Catholic Health.
Who can file a claim for a data breach payout?
Class members are individuals residing in the United States whose
private information the Serviceaide and Catholic Health data breach
that occurred between Sept. 19, 2024, and Nov. 5, 2024, impacted.
How much are settlement payments?
Class members have the following benefit options:
-- Cash payment A - documented losses payment: Class members can
claim up to $5,000 for documented out-of-pocket expenses or
financial losses due to fraud or identity theft related to the data
breach. Eligible losses include:
-- Bank fees, overdraft charges, late fees or declined payment
fees resulting from fraud
-- Fees for credit monitoring, identity theft protection
services or freezing/unfreezing credit after the breach
-- Professional fees paid to address identity fraud, which may
include accountants', attorneys' or fraud specialists' fees
-- Costs to replace IDs or documents and postage
-- Fraudulent and unreimbursed charges or monetary losses
traceable to the data breach
-- Cash payment B - alternate cash payment: Class members who do
not submit a documented losses claim can submit a claim to receive
a pro rata cash payment estimated at $50. The settlement
administrator will determine the final payment amount by the total
number of claims filed.
How to claim a class action rebate
To receive a settlement payment, class members can file a claim
online or print the PDF claim form to complete and mail to the
settlement administrator.
Settlement administrator's mailing address: Nancy Balzer, et al.,
v. Serviceaide Inc., c/o Kroll Settlement Administration LLC, P.O.
Box 5324, New York, NY 10150-5324
The claim deadline is Sept. 1, 2026.
Required proof and claim information
-- Online claims require the class member ID from official
settlement notice.
-- Documented losses claims require supporting documentation,
which may include receipts, invoices, bank or credit card
statements showing unreimbursed fees or fraudulent charges, police
reports and other proof of identity theft or fraud related to the
data breach.
Payout options
-- Electronic payment
-- Paper check mailed to address provided (only option for mailed
claims)
Settlement fund breakdown
The $1,800,000 settlement fund will include:
-- Settlement administration costs: To be determined
-- Attorneys' fees: Up to $600,000
-- Attorneys' expenses: To be presented to the court for approval
at a later date
-- Service awards to class representatives: $2,500 each to 15
representatives ($37,500 total)
-- Payments to approved claimants: Remaining settlement funds
Important dates
-- Opt-out deadline: Aug. 17, 2026
-- Deadline to file a claim: Sept. 1, 2026
-- Final approval hearing: Sept. 16, 2026
When is the Serviceaide and Catholic Health data breach settlement
payout date?
The settlement administrator will issue payments to approved
claimants approximately 90 days after the court grants final
approval of the settlement.
Why did this class action settlement happen?
The class action lawsuit claimed Serviceaide Inc. experienced a
data breach between Sept. 19, 2024, and Nov. 5, 2024, during which
unauthorized parties accessed private information of Catholic
Health patients. The plaintiffs alleged negligence, breach of
implied contract, unjust enrichment and invasion of privacy.
Serviceaide denied the allegations but agreed to settle to avoid
the expense and uncertainty of further litigation and a possible
trial.
Settlement Open for Claims
Award: Up to $5,000
Deadline: September 1, 2026 [GN]
SINCERE HOME CARE: Weyek Sues Failure to Pay Wages for Overtime
---------------------------------------------------------------
Gretchen Weyek, on behalf of herself and those similarly situated
v. Sincere Home Care, LLC, Cheemika Jenkins, and Jane Does 1-10,
Case No. 0:26-cv-03066 (D. Minn., June 24, 2026), is brought to
recover unpaid wages under the Fair Labor Standards Act ("FLSA")
and the Minnesota Fair Labor Standards Act ("MFLSA") stemming from
Defendants' failure to pay wages due for overtime hours worked.
Pursuant to Defendants' compensation policies and practices,
Plaintiff and other similarly situated employees were not
compensated at the statutorily mandated overtime rate of one and
one-half times their regular hourly rate for hours worked in excess
of forty in a workweek. Instead, Defendants compensated non-exempt
employees at their regular hourly rate for all hours worked,
regardless of the amount of overtime accrued during the applicable
pay period. The Defendants did not notify Plaintiff of the
substandard overtime policy. The Defendants' employment policy
results in the unlawful failure to pay wages due under the FLSA and
MFLSA, says the complaint.
The Plaintiff was employed by Defendants as a home health aide from
July 7th 2025, until the present.
Sincere Home Care is a home health-care agency that provides home
health, nursing, and supportive services to individuals with
developmental disabilities and mental health diagnoses.[BN]
The Plaintiff is represented by:
Philip J. Krzeski, Esq.
Evan Robert, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
erobert@chestnutcambronne.com
SOUND DIMENSION: Gutierrez Sues to Recover Unpaid Overtime
----------------------------------------------------------
Tomas Rene Gutierrez, individually and on behalf of others
similarly situated v. SOUND DIMENSION PLUS LTD, HOME THEATRE
EXPERTS LLC, LOUIS G. FORANOCE, and PAUL GENOVESE, Case No.
1:26-cv-03772 (E.D.N.Y., June 23, 2026), is brought pursuant to the
Fair Labor Standards Act ("FLSA"), and the New York Labor Law
("NYLL") as amended by the Wage Theft Prevention Act ("WTPA"), and
the supporting regulations of the New York State Department of
Labor set forth in Title 12 of the New York Codes, Rules and
Regulations ("NYCRR") to recover unpaid overtime compensation,
liquidated damages, statutory damages, pre- and post-judgment
interest, and reasonable attorneys' fees and costs.
The Plaintiff regularly worked 55 to 60 hours per week, 6 days per
week. Defendants nonetheless paid Plaintiff for all hours worked
— including the hours he worked in excess of 40 per week — at
his straight-time regular hourly rate, without the overtime premium
of one and one-half times the regular rate of pay required by the
FLSA and the NYLL. The Defendants effectuated and concealed this
overtime scheme by paying Plaintiff in two parts: 40 hours per week
by direct deposit, and his remaining hours and Saturday work in
cash, off the books — a structure designed to disguise both the
true number of hours Plaintiff worked and the overtime premium he
was owed, and to keep the cash component off any wage statement,
says the complaint.
The Plaintiff was employed by Defendants as an automobile detailer
from 2011 through at least June 2026 and was, by his account, the
most senior employee of the business.
The Defendants operate an integrated automobile-detailing and home
electronics/home-theater installation business from a single
premises in Syosset, New York, under the names Sound Dimensions
Plus and Home Theatre Experts, among others.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.StillmanLegalPC.com
SUMIRIKO OHIO: Adams Files FLSA Suit Over Unpaid Overtime Wages
---------------------------------------------------------------
TIMMY ADAMS, on behalf of himself and all others similarly
situated, Named Plaintiff v. SUMIRIKO OHIO, INC., Defendant, Case
No. 3:26-cv-01431 (N.D. Ohio, June 23, 2026) is a class action
against the Defendant for its willful failure to pay Named
Plaintiff and other similarly situated employees overtime wages as
well as its willful failure to comply with all other requirements
of the Fair Labor Standards Act, the Ohio Prompt Pay Act, and
unjust enrichment common law.
The complaint relates that the Defendant operates at one or more
manufacturing facilities/plants in the continental United States,
including in Ohio. Through such facilities, Defendant employs
hundreds of similarly situated hourly, non-exempt
manufacturing/production employees, including Named Plaintiff, the
FLSA Collective, and the State Law Class in furtherance of its
business purposes. The Defendant applied policies and/or practices
pertaining to the payment of wages, including overtime and other
compensation, and timekeeping uniformly to its hourly, non-exempt
employees.
As a result of Defendant's companywide policy or practice of
failing to include additional remuneration in the regular rate of
pay for purposes of calculating overtime compensation, Named
Plaintiff, the FLSA Collective, and the State Law Class were not
fully and properly paid for all of their compensable overtime hours
worked because Defendant did not correctly calculate their regular
rates of pay for the purposes of meeting the minimum requirements
set forth in the FLSA and Ohio law, which resulted in unpaid
overtime wages, says the suit.
Named Plaintiff, the FLSA Collective, and the State Law Class now
seek to exercise their rights to unpaid overtime wages,
non-overtime hours (as applicable), and additional statutory
liquidated damages in this matter (as applicable), other penalties,
prejudgment and post-judgment interest (as applicable), costs and
attorneys' fees incurred in prosecuting this action, the employer's
share of relevant taxes, and such further relief as the Court deems
equitable and just.
Named Plaintiff Timmy Adams has worked as an hourly, non-exempt
manufacturing/production employee for Defendant.
Defendant Sumiriko Ohio, Inc. is an auto parts supplier and
manufacturer, providing anti-vibration rubber parts such as
hydraulic and conventional engine mounts, body mounts, engine
drivelines, exhaust isolation mountings, and body isolation
products.[BN]
The Plaintiff is represented by:
Daniel I. Bryant, Esq.
BRYANT LEGAL, LLC
4400 N. High St., Suite 310
Columbus, OH 43214
Telephone: (614) 704-0546
Facsimile: (614) 573-9826
E-mail: dbryant@bryantlegalllc.com
- and -
Matthew B. Bryant, Esq.
Esther E. Bryant, Esq.
BRYANT LEGAL, LLC
3131 Executive Pkwy., Suite 106
Toledo, OH 43606
Telephone: (419) 824-4439
Facsimile: (419) 932-6719
Email: mbryant@bryantlegalllc.com
ebryant@bryantlegalllc.com
TAURO PIZZA CORP: Brito Sues Over Inaccessible Property
-------------------------------------------------------
Carlos Brito, individually and on behalf of all other similarly
situated mobility-impaired individuals v. TAURO PIZZA CORP D/B/A
TAURO PIZZA HIALEAH, Case No. 1:26-cv-24381-KMW (S.D. Fla., June
24, 2026), is brought for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendants' commercial
property being inaccessible to people who are disabled.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendants have yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead time and the extensive publicity the ADA has received since
1990, Defendants have continued to discriminate against people who
are disabled in ways that block them from access and use of
Defendants' property and the businesses therein.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject commercial property. The
barriers to access at Defendants' commercial property have each
denied or diminished Plaintiff's ability to visit the commercial
property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
commercial gas station business, including but not necessarily
limited to the allegations of this Complaint. Plaintiff has
reasonable grounds to believe that he will continue to be subjected
to discrimination at the commercial property, in violation of the
ADA. The Defendant have discriminated against the individual
Plaintiff by denying him access to, and full and equal enjoyment
of, the goods, services, facilities, privileges, advantages and/or
accommodations of the commercial property, as prohibited by the
ADA, says the complaint.
The Plaintiff is a paraplegic (paralyzed from his T-6 vertebrae
down) and requires the use of a wheelchair to ambulate.
TAURO PIZZA CORP D/B/A TAURO PIZZA HIALEAH, owns, operates and
oversees a pizza restaurant.[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
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
TERRAN ORBITAL: Scottini Sues Over Misleading Proxy Statement
-------------------------------------------------------------
MARCO SCOTTINI, on behalf of himself and all others similarly
situated, Plaintiff v. TERRAN ORBITAL CORPORATION, a Delaware
Corporation; LOCKHEED MARTIN CORPORATION, a Maryland Corporation;
MARC BELL; DANIEL STATON; DOUG RAABERG; GARY HOBART; JAMES
LACHANCE; RICHARD Y. NEWTON; STRATTON SCLAVOS; TOBI PETROCELLI; and
TOM MANION, Defendants, Case No. 8:26-cv-01587 (C.D. Cal., June 18,
2026) asserts claims against Defendants for violations of the
Securities Exchange Act, based on Defendants' violation of Rule
14a-9 and seeks damages and all available equitable relief.
This action is brought by Plaintiff as a shareholder of Terran
against the Defendants who issued materially false and misleading
Proxy Statement on October 4, 2024 for soliciting shareholders vote
in favor of an acquisition by defendant Lockheed Martin Corporation
named as a "solicitor" of votes in favor of the Acquisition in
proxy materials. The Acquisition was a cash out between Terran and
Lockheed for $.25 per share even though several months earlier
Lockheed had offered $1.00 per share in cash.
The Proxy materials contained the Board's recommendation to approve
the Acquisition, but this only came after Terran CEO Marc Bell made
an undisclosed decision to change his mind from rejecting the
Acquisition to approving the Acquisition coincident with an
allocation to defendant him of a $6 million personal bonus from the
Lockheed bonus pool -- two-thirds of the entire transaction bonus
pool. Bell had previously publicly condemned the Acquisition as
inadequate for TOC shareholders.
The complaint alleges that the misrepresentations and
non-disclosures of information rendered the statements in the 2024
Proxy materials materially false and misleading. Other statements
in the 2024 Proxy were affirmatively false and misleading and
material to shareholders' decision on how to vote and/or whether to
seek appraisal, adds the complaint.
Terran Orbital Corporation is a manufacturer of satellite products
primarily serving the aerospace and defense industries.[BN]
The Plaintiff is represented by:
Olimpio Lee Squitieri, Esq.
SQUITIERI & FEARON, LLP
205 Hudson Street, 7th Floor
New York, NY 10013
Telephone: (212) 421-6492
E-mail: lee@sfclasslaw.com
- and -
Fletcher Moore, Esq.
MOORE LAW, PLLC
30 Wall Street, 8th Floor
New York, NY 10005
Telephone: (212) 709-8245
E-mail: fletcher@fmoorelaw.com
- and -
Kristopher P. Diulio, Esq.
THE DIULIO FIRM PC
3200 Park Center Drive, Suite 210
Costa Mesa, CA 92626
Telephone: (714) 450-6830
E-mail: KDiulio@DiulioFirm.com
TESLA: Arbitration Denial in Doss Wage-&-Hour Suit Partly Reversed
------------------------------------------------------------------
In the case of KENNETH DOSS, Plaintiff and Respondent, v. TESLA,
INC., Defendant and Appellant, Case No. A173210 (Cal. App.), the
Court of Appeals of California, First District, Division Three, (i)
affirmed the trial court's order finding that Doss and the putative
class members are exempt from arbitration under the Federal
Arbitration Act (FAA); (ii) reversed in part the order denying
Tesla's motion to compel arbitration; and (iii) remanded the matter
for further proceedings consistent with its Opinion.
The FAA, 9 U.S.C. Section 1 et seq., generally governs arbitration
agreements involving interstate commerce. However, Section 1
exempts employment contracts of "seamen, railroad employees, or any
other class of workers engaged in foreign or interstate commerce."
The issue is whether Tesla's yard hostlers, who move 53-foot
trailers containing auto parts shipped from out of state around the
company's factory grounds, qualify as workers engaged in interstate
commerce and are therefore exempt from the FAA.
Doss, a former Tesla employee, filed a putative class action
alleging wage and hour violations under the Labor Code and the
Unfair Competition Law (UCL) (Bus. & Prof. Code, Section 17200). He
alleged he worked for Tesla from 2017 to 2021, first as a materials
handler and then as a yard hostler at its Fremont distribution
center. He sought to represent a putative class of "all current and
former yard hostlers, material handlers, and other nonexempt,
hourly employees who handled packages and goods as part of
international and/or interstate commerce" during the class period.
Tesla moved to compel individual arbitration based on Doss's
electronically signed arbitration agreement. It also submitted a
declaration stating that Doss worked as a yard hostler at its
Fremont manufacturing facility and that yard hostlers "play no role
in transporting goods across state or international borders."
Doss opposed the motion, arguing he was exempt from the FAA because
Tesla's yard hostlers are workers engaged in interstate commerce
under Section 1. He declared that his duties included driving
trucks carrying car parts from other warehouses and distribution
centers, conducting safety inspections, and verifying that trucks
were properly loaded and unloaded. He also argued that the
California Arbitration Act, rather than the FAA, governed the
arbitration agreement.
The trial court denied Tesla's motion to compel arbitration.
Although it found a valid arbitration agreement, it held the FAA
did not apply because Doss was a transportation worker engaged in
interstate commerce under Section 1. The court reasoned that Doss's
work moving out-of-state auto parts within Tesla's facility
remained part of the interstate flow of commerce. Applying
California law, the court further held that Labor Code Section 229
rendered the arbitration agreement ineffective as to most of Doss's
claims, found the class waiver unenforceable under Gentry,
concluded the agreement was unconscionable, and denied the motion
in its entirety. Tesla appealed.
In the published portion of its Opinion, the Court of Appeals held
the trial court correctly found Doss and the putative class members
exempt from the FAA under Section 1 because Tesla's yard hostlers
are transportation workers engaged in interstate commerce. Although
they work entirely within Tesla's factory, moving and positioning
53-foot trailers for unloading is a necessary step in completing
the interstate transportation of auto parts. The Court also held
the trial court erred in applying Labor Code Section 229 to Doss's
overtime, meal and rest break, and wage statement claims because
they are not actions to recover due and unpaid wages.
In the unpublished portion of its Opinion, the Court held the trial
court properly declined to invalidate the class waiver under Gentry
but erred in refusing to sever the provision. It remanded the case
for the trial court to address the unresolved unconscionability
issues.
For these reasons, the Court of Appeals affirmed the trial court's
order insofar as it found Doss and the putative class members
exempt from the FAA. However, it reversed in part the order denying
Tesla's motion to compel arbitration and remanded the case for
further proceedings consistent with its Opinion. Each party was
ordered to bear its own costs on appeal.
A full-text copy of the Court's Opinion is available at
https://lnk.ua/nsrSY1byb.
Morgan, Lewis & Bockius LLP, Michael D. Weil --
michael.weil@morganlewis.com -- and Ashlee N. Cherry --
shlee.cherry@morganlewis.com -- for Defendant and Appellant.
Thierman Buck LLP, Joshua D. Buck -- josh@thiermanbuck.com -- Leah
L. Jones -- leah@thiermanbuck.com; The Markham Law Firm, David R.
Markham -- dmarkham@markham-law.com -- and Lisa Brevard for
Plaintiff and Respondent.
TICKETMASTER LLC: Renewed Bid for Class Cert. in Holmes Due July 30
-------------------------------------------------------------------
In the class action lawsuit captioned as NADINE HOLMES, et al., v.
TICKETMASTER, LLC, et al., Case No. 2:25-cv-09807-GW-KS (C.D.
Cal.), the Hon. Judge Wu entered an order approving the stipulation
and setting the following schedule for class certification briefing
in Madrigal and Holmes:
Event Deadline
Deadline for the Plaintiffs to file July 30, 2026
renewed motion for class
certification:
Deadline for the Defendants to file Sept. 22, 2026
opposition to renewed motion for
class certification:
Deadline for the Plaintiffs to file Nov. 13, 2026
reply in support of renewed motion
for class certification:
Hearing on renewed motion for class Dec. 7, 2026,
Certification: at 8:30 a.m.
The June 22, 2026 status conference is taken off-calendar as to
Madrigal v. Live Nation and Holmes v. Ticketmaster.
Ticketmaster is an American ticket sales and distribution company.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=au34DM at no extra
charge.[CC]
The Defendants are represented by:
Brandon D. Fox, Esq.
Alexander M. Smith, Esq.
Sarah S. Lee, Esq.
JENNER & BLOCK LLP
515 South Flower Street, Suite 3300
Los Angeles, CA 90071-2246
Telephone: (213) 239-5100
E-mail: BFox@jenner.com
ASmith@jenner.com
SLee@jenner.com
TORRID LLC: Class Certification Bid in Perez Due June 18, 2027
--------------------------------------------------------------
In the class action lawsuit captioned as ANGELLINA PEREZ et al., v.
TORRID LLC, Case No. 3:25-cv-06020-DGE (W.D. Wash.), the Hon. Judge
David G. Estudillo entered an order that:
-- Preliminary motions shall be filed on or before Sept. 17,
2026.
-- The Plaintiffs' motion for class certification shall be due on
or before June 18, 2027.
-- The Defendant's response shall be due 45 days after the
Plaintiffs file their motion for class certification.
-- The Plaintiffs' expert disclosure shall be due on or before
April 30, 2027.
-- The Defendant's expert disclosure shall be due on or before
May
14, 2027.
-- Expert depositions shall be completed by June 4, 2027.
Torrid offers dresses, swimwear, jeans, tops, rompers, intimates,
and other related products.
A copy of the Court's order dated June 17, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pCb0fP at no extra
charge.[CC]
TRANSAMERICA PREMIER: Phan Loses Bid for Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as DUNG PHAN, v. TRANSAMERICA
PREMIER LIFE INSURANCE COMPANY, Case No. 5:20-cv-03665-BLF (N.D.
Cal.), the Hon. Judge Freeman entered an order denying motion for
class certification.
The Court finds that the Rule 23(a) requirements are not satisfied,
because Phan is atypical of the proposed class.
As it is unclear, at this stage, what ultimate objective certifying
a class to try this issue would advance, the Court concludes that
class certification under Rule 23(c)(4) is unavailable.
Phan filed this lawsuit on June 2, 2020, alleging that Transamerica
failed to comply with California Insurance Code sections 10113.71
and 10113.72.
Phan asks the Court to certify the following class:
"All owners of the Defendant's individual life insurance
policies issued in California before 2013 that the Defendant
lapsed or terminated for nonpayment of premium in or after 2013
without first applying Insurance Code Sections 10113.71 and
10113.72."
Transamerica operates as an insurance firm.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=e9nlTH at no extra
charge.[CC]
TYSON FOODS: Mohamed Sues Over Failure to Pay All Overtime Wages
----------------------------------------------------------------
Essam Mohamed, individually and on behalf of similarly situated
persons v. TYSON FOODS, INC. and TYSON FRESH MEATS, INC., Case No.
2:26-cv-00132-Z (N.D. Tex., June 22, 2026), is brought under the
federal Fair Labor Standards Act and the federal Portal-to-Portal
Pay Act (collectively, the "FLSA"), for Defendants' failure to pay
all due and owing overtime wages to Plaintiff.
The Plaintiff frequently worked over forty hours per week. The
Defendants uniformly classified the production supervisor position
as exempt from the overtime provisions of the FLSA, regardless of
location worked. Even though Plaintiff should have been paid an
hourly rate as a non-exempt employee pursuant to his job duties,
and received overtime premium pay when he worked in excess of forty
hours in a workweek, Defendants at all times paid Plaintiff on a
salary basis. As a result, Plaintiff did not receive all overtime
pay to which he was entitled. This misclassification, and the
resulting underpayment of wages, was in violation of the FLSA.
Now, therefore, Plaintiff seeks damages on behalf of himself and
the putative Collective Action Members as the result of Defendants'
failure to pay Plaintiff and similarly situated production
supervisor employees overtime premium pay for all hours worked over
forty in a workweek due to its misclassification of such employees
as exempt from the overtime requirements of the FLSA, says the
complaint.
The Plaintiff worked for Defendants as a production supervisor
during the time period relevant to this lawsuit.
The Defendants operate a plant in Amarillo, Texas where Plaintiff
worked.[BN]
The Plaintiff is represented by:
J. Forester, Esq.
Matthew R. McCarley, Esq.
FORESTER HAYNIE PLLC
11300 N Central Expy, Suite 550
Dallas, TX 75243
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: jay@foresterhaynie.com
mcarley@foresterhaynie.com
UNITED STATES: Faces Suit Over Medicare's Reimbursement Rule
------------------------------------------------------------
THE CAMPS INITIATIVE, DR. BRANDON ELROD and DR. MICHAEL SEDRAK,
individually and on behalf of all others similarly situated,
Plaintiffs v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES; CENTERS FOR MEDICARE AND MEDICAID SERVICES; ROBERT F.
KENNEDY JR., in his official capacity as Secretary of Health and
Human Services; and DR. MEHMET OZ, in his official capacity as
Administrator for the Centers for Medicare and Medicaid Services,
Defendants, Case No. 4:26-cv-00769-P (N.D. Tex., June 22, 2026) is
a civil action for declaratory and injunctive relief against the
Defendants for alleged violations of the Administrative Procedure
Act and the United States Constitution.
For more than two decades, the Defendants reimbursed advanced skin
substitute products for chronic, non-healing wounds under Medicare
Part B as Congress directed: as biologicals paid at Average Sales
Price plus six percent.
In November 2025, the Defendants issued a rule reclassifying skin
substitutes from "biological" reimbursed based on the Average Sales
Price to "incident-to supplies" reimbursed at a flat $127.14 per
square centimeter -- a change that Defendants acknowledge will
reduce reimbursements by roughly 90 percent. Under the Rule,
advanced biological treatments developed over years of scientific
investment will be reimbursed in the same Medicare payment category
as supplies incidental to a physician's services -- supplies like
band-aids and gauze.
According to the complaint, the consequence of the said change in
terminology is not just semantic: due to the drastic reduction in
the prevailing reimbursement rate, providers have closed wound-care
practices, manufacturers have halted production lines, and Medicare
beneficiaries have lost access to treatments that can prevent
amputation, infection, and death.
The Plaintiffs allege the Rule is arbitrary and capricious for
multiple reasons, all of which were raised in public comments in a
notice of proposed rulemaking on July 16, 2025: (1) it fails to
justify the abandonment of Defendants' longstanding policy, relying
on disproven allegations, (2) it does not consider viable
alternatives, (3) it irrationally ties the reimbursement price of
skin substitute products to the Food and Drug Administration
approval process, which is untethered from the price and creates
perverse incentives for skin substitute manufacturers to pursue
needlessly burdensome regulatory pathways, and (4) it does not
meaningfully consider the enormous costs imposed on patients,
providers, and the skin substitute industry.
The CAMPs Initiative is a coalition of skin substitute
manufacturers, distributors, and providers of skin substitutes that
advocates for common-sense national policies that promote patient
access to these lifechanging products.
The United States Department of Health and Human Services is a
cabinet-level executive branch department of the U.S. federal
government created to set guidelines for the private healthcare
system and providing essential human services in areas such as
funding medical studies.[BN]
The Plaintiffs are represented by:
Joshua L. Hedrick, Esq.
SPENCER FANE LLP
2200 Ross Avenue, Suite 1700
Dallas, TX 75201-2708
Telephone: (214) 215-0236
Facsimile: (214) 750-3612
E-mail: jhedrick@spencerfane.com
- and -
Rebecca Gibson, Esq.
SPENCER FANE LLP
3040 Post Oak Boulevard, Suite 1400
Houston, TX 77056
Telephone: (713) 212-2716
Facsimile: (713) 963-0859
E-mail: rgibson@spencerfane.com
- and -
Allison B. Allman, Esq.
JACKSON WALKER LLP
777 Main Street, Suite 2100
Fort Worth, TX 76102
Telephone: (817) 334-7200
Facsimile: (817) 870-5124
E-mail: aallman@jw.com
- and -
Raymond P. Tolentino, Esq.
Carlton E. Forbes Esq.
Matthew M. Ryan, Esq.
Angeline X. Chen, Esq.
Anna O. Mohan, Esq.
COOLEY LLP
1299 Pennsylvania Avenue NW, Suite 700
Washington, DC 20004-2400
Telephone: (202) 842-7800
Facsimile: (202) 842-7899
E-mail: rtolentino@cooley.com
cforbes@cooley.com
mryan@cooley.com
axchen@cooley.com
amohan@cooley.com
- and -
Matthew N. K. Oliver, Esq.
COOLEY LLP
500 Boylston Street, 14th Floor
Boston, MA 02116
Telephone: (617) 937-2300
Facsimile: (617) 937-2400
E-mail: moliver@cooley.com
UNIVERSAL INTERMODAL: Driver's Biometrics Suit Gets Class Status
----------------------------------------------------------------
John Kingston of Freight Waves reports that a lawsuit filed in 2021
by an Illinois truck driver for a unit of Universal Logistics over
the strict Illinois biometric law has been granted class status.
The biometric law in the Land of Lincoln has long been considered
the most stringent in the country and has been called "a threat to
business."
It has been the focus of other trucking-related litigation,
including a case against in-cab video company Lytx that resulted in
payouts to thousands of drivers of between about $650 and $850 per
person.
Brandon Willis was a driver for Universal Intermodal Services,
which is a subsidiary of publicly-traded Universal Logistics
(NASDAQ: ULH). He filed his lawsuit in 2021 in U.S. Federal
District Court for the Northern District of Illinois on behalf of
himself and other drivers over the company's use of a fingerprint
scanner at the company's Harvey, Illinois facility.
Universal Intermodal is the lead defendant. But the list of
defendants was widened from the initial lawsuit in an amended
August 2023 complaint to include HR-1 LLC (an arm of the private
business of Matthew Moroun, who owns about 70% of Universal),
Universal Management Services, Inc. and Data System Services, an
outside company that provided biometric services to Universal.
At the core of the dispute and lawsuit was whether Universal was
violating the provisions of Illinois' Biometric Privacy Act (BIPA),
which was passed in 2008 and amended in 2024.
Time in question goes back more than 10 years
The more immediate question ruled on by Judge Elaine E. Bucklo was
whether the Willis lawsuit could become a class action, taking in
not just Universal employees but other workers doing business with
Universal who "clocked in" to the company's system between March
30, 2016 through the present.
Judge Bucklo's decision on the class status only tangentially
touched on the issues raised in Willis' lawsuit.
However, she does recap some of the basics of the lawsuit and the
alleged violation of BIPA.
BIPA, according to Judge Bucklo, requires that whatever entity is
gathering biometric information must inform that person whose
information is collected in writing, and receive a written release
regarding collection and retention of the biometric data.
The Willis lawsuit alleges that the defendants in the case "took
actions that directly violated the BIPA," according to Judge
Bucklo. Some of the other defendants are vicariously liable "for
the BIPA violations of others, and some may be both."
In the amended lawsuit, Willis said the defendants "directed,
authorized, and coordinated the capture and collection of the
fingerprints of workers and other persons at the Illinois
Facilities by requiring the workers and other persons to use
Biometric Scanners to clock in and clock out each day." They did
so, the lawsuit says, "without the required consent of the persons
being scanned."
Just employees, or others
The key question Judge Bucklo decided was the scope of the class
action and whether it could include just Universal employees or any
persons who had their fingerprints scanned where the company
operated.
By granting the wider definition of the class, Judge Bucklo brought
in a group of people who will be more than 50% of the now larger
number of plaintiffs. As she noted in her decision, "most" of the
workers who had their fingerprints scanned worked either for a
company called LINC -- a Universal Logistics subsidiary that was
not named as a defendant -- or a third-party staffing agency.
The extension of the class to non-Universal employees, Judge Bucklo
wrote, is because "plaintiff is suing Intermodal not because
Intermodal was his employer but because Intermodal is the entity
that allegedly collected stores, and/or transmitted his biometrics
without complying with BIPA's procedural safeguards."
That would be the basis for expanding the class to include
non-Intermodal employees, which Judge Bucklo ultimately did.
Another Illinois case involving trucking and BIPA, brought in late
2024 by driver Floyd Eskridge who sought a class action against HMD
Trucking, was settled out of court late last year. That case also
was in the Northern District. [GN]
VENEZUELA: Seeks to File Class Cert Opposition by July 24
---------------------------------------------------------
In the class action lawsuit captioned as Cavara et al., v.
Bolivarian Republic of Venezuela, Case No. 1:25-cv-00165-RA-VF
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
requested thirty (30)-day adjournment which result in the following
deadlines:
-- The Republic's deadline to respond to the Amended Complaint
and
to oppose the class certification motion would be July 24,
2026;
-- The Plaintiffs' deadline to file their reply in support of
class certification and their opposition to the Republic's
motion to dismiss would be Aug. 21, 2026; and
-- The Republic's deadline to file its reply in support of its
motion to dismiss would be Sept. 11, 2026.
Pursuant to Section I(e) of Your Honor's Individual Practices in
Civil Cases, the Bolivarian Republic of Venezuela requests a thirty
(30)-day adjournment of:
(i) the deadline for the Republic to respond to the second
amended class action complaint;
(ii) the remaining class certification briefing deadlines; and
(iii) the motion to dismiss briefing deadlines, each as set
forth in the Court’s Order dated June 1, 2026, to allow
for an orderly transition in decision-making authority
with respect to the Republic’s participation in this
litigation.
Preparation of the Republic's responsive pleading and its
opposition to class certification requires important strategic
decisions that will impact the Republic's rights. CAPA does not
believe it is appropriate, under present circumstances, to make
decisions of this nature without input and approval from
representatives of the Rodríguez government. Those representatives
have not yet weighed in on these decisions, and counsel is working
to facilitate that engagement.
Venezuela is a country on the northern coast of South America with
diverse natural attractions.
A copy of the Defendant's motion dated June 18, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qidJ6m at no extra
charge.[CC]
The Defendant is represented by:
Dora Georgescu, Esq.
Camilo Cardozo, Esq.
Marisa Antonelli, Esq.
VINSON & ELKINS LLP
1114 Avenue of Americas, 32nd Floor
New York, NY 10036
Telephone: (212) 237-0186
Facsimile: (212) 237-0100
E-mail: ccardozo@velaw.com
mantonelli@velaw.com
dgeorgescu@velaw.com
VENTURA COUNTY, CA: Standing Order Entered in Santa Paula Suit
--------------------------------------------------------------
In the class action lawsuit captioned as SANTA PAULA ANIMAL RESCUE
CENTER, INC., et al., v. VENTURA COUNTY, et al., Case No.
2:26-cv-05196-SPG-E (C.D. Cal.), the Hon. Judge Garnett entered
standing order for newly assigned civil cases:
The case has been assigned to United States District Judge Sherilyn
Peace Garnett.1 Both the Court and all counsel bear responsibility
for the progress of litigation in this Court. Counsel, as used in
this Order, includes attorneys and parties who have elected to
appear without an attorney and are representing themselves in this
civil litigation.
Counsel for the plaintiff must immediately serve this Order on
all parties, including any new parties to the action. If this
case was removed from state court, the defendant that removed
the case must serve this Order on all other parties.
Lead trial counsel shall attend all proceedings set by this Court,
including scheduling, settlement, and pretrial conferences, as well
as trials.
All discovery matters are referred to the assigned United States
Magistrate Judge.
Ventura is a county located in the southern part of the U.S. state
of California.
A copy of the Court's order dated June 18, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iFB2f1 at no extra
charge.[CC]
WASHINGTON METROPOLITAN: Harriot Seeks Attys' Fees & Costs
----------------------------------------------------------
In the class action lawsuit captioned as HARRIOTT, et al., v.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Case No.
1:19-cv-01656-TJK (D.D.C.), the Plaintiffs ask the Court to enter
an order granting their motion for attorneys' fees and costs.
The Plaintiffs seek a total of $2,864,004.22 in attorneys' fees and
costs. Gilbert Employment Law seeks $1,385,311.32 in attorneys'
fees and $10,102.90 in costs. Webster & Fredrickson, PLLC seeks
$1,409,842.90 in attorneys' fees and $58,747.50 in costs.
The Plaintiffs seek reimbursement for only the most reasonable
costs incurred during litigation. Counsel proactively to remove or
"no charge" any costs about which the Defendant might question. The
Plaintiffs seek conservative costs for the same reasons they seek
conservative attorneys' fees—to avoid further unnecessary
litigation. Accordingly, the Plaintiffs request that the Court
award $68,850.40 in reimbursement for the costs they incurred.
The $2,795,154.22 in total fees that Plaintiffs seek is calculated
pursuant to the lodestar method, whereby the current USAO
Fitzpatrick Matrix hourly rates for each timekeeper were multiplied
by the number of hours worked to bring about the successful
resolution. The Settling Plaintiffs claimed attorneys' fees are
reasonable because they are based on the prevailing market rates
for legal staff in the D.C. geographic area with similar skill and
involving similarly complex legal matters, the suit says.
The Defendant is the government agency that runs the Washington
metro area's transit system.
A copy of the Plaintiffs' motion dated June 19, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=jiDC5t at no extra
charge.[CC]
The Plaintiffs are represented by:
Geoffrey H. Simpson, Esq.
Kevin L. Owen, Esq.
James W. Richard, Esq.
Christopher P. Byrd, Esq.
GILBERT EMPLOYMENT LAW, P.C.
8403 Colesville Road, Suite 1000
Silver Spring, MD 20910
Telephone: (301) 608-0880
Facsimile: (301) 608-0881
E-mail: gsimpson@gelawyer.com
kowen-efile@gelawyer.com
jrichard-efile@gelawyer.com
cbyrd-efile@gelawyer.com
Asbestos Litigation
ASBESTOS UPDATE: General Electric Has $2.17BB Reserves at 2026 Q1
-----------------------------------------------------------------
General Electric Company reserved US$2,179,000,000 related to
environmental remediation, nuclear decommissioning, and worker
exposure claims at March 2026, according to the Company's Form
10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended March 31, 2026.
The Company stated: "Our operations involve or have involved the
use, disposal and cleanup of substances regulated under
environmental protection laws, including activities for a variety
of matters related to GE businesses that have been discontinued or
exited. We record reserves for obligations for ongoing and future
environmental remediation activities, such as the Housatonic River
cleanup, and for additional liabilities we expect to incur in
connection with previously remediated sites, such as natural
resource damages for the Hudson River where GE completed dredging
in 2019. Additionally, like many other industrial companies, we
and our subsidiaries are defendants in various lawsuits related to
alleged exposure by workers and others to asbestos,
polychlorinated
biphenyls (PCBs) or other hazardous materials. Liabilities for
environmental remediation and worker exposure claims exclude
possible insurance recoveries. It is reasonably possible that our
exposure will exceed amounts accrued due to uncertainties about
the
status of laws, regulations, technology and information related to
individual sites and worker exposure lawsuits. Total reserves
related to environmental remediation and worker exposure claims
were $2,179,000,000,000 and $2,129,000,000,000 at March 31, 2026
and December 31, 2025, respectively."
ASBESTOS UPDATE: Nash's Ch. 11 Stay Lifted to Resolve Coverage
--------------------------------------------------------------
Brian Steele of Law360 Bankruptcy Authority reports that a
Connecticut federal judge on June 22, 2026, granted a
motion to lift the automatic bankruptcy stay that had frozen an
asbestos indemnification lawsuit involving Nash Engineering Co.
since October 2021. The ruling was issued after a joint request
from the bankrupt entity and other involved parties.
The litigation concerns insurers' efforts to resolve coverage
disputes tied to asbestos-related claims arising from Nash
Engineering's historical operations. The case had remained dormant
due to bankruptcy protections.
With the stay removed, the lawsuit may now proceed in federal
court, allowing the parties to litigate outstanding questions over
insurance coverage and liability allocation, the report states.
FIVE BELOW: Grazioli Seeks Refund of Tariff Surcharges
------------------------------------------------------
BARBARA GRAZIOLI, individually and on behalf of all others
similarly situated, Plaintiff v. FIVE BELOW, INC., Defendant, Case
No. 2:26-cv-04322 (E.D. Pa., June 23, 2026) is a class action
seeking a refund of tariff surcharges.
In early 2025, U.S. President Donald J. Trump imposed, via
Executive Orders, tariffs on dozens of countries. Although those
tariffs were imposed directly on businesses, many businesses,
including Five Below, turned around and passed the costs of the
tariffs on to consumers via price increases (often explicitly
linked to the tariffs) or even via specific tariff-related fees
and/or surcharges.
On February 20, 2026, however, the U.S. Supreme Court, held that
International Emergency Economic Powers Act does not authorize the
President to impose tariffs. In other words, the Court struck down
President Trump's far-reaching global tariffs. Thereafter, a U.S.
trade court judge ordered the government to begin paying
potentially billions of dollars in refunds to importers who paid
tariffs that the Supreme Court said were collected illegally. Judge
Richard Eaton of the U.S. Court of International Trade in Manhattan
ordered the refunds to be made with interest.
The complaint relates that more than once, Ms. Grazioli shopped at
and purchased from Five Below between April 2, 2025 and February
20, 2026. Like other Five Below customers, she paid higher prices
on those purchases than at other times. Those price increases were
a result of, due to, and/or to offset any or all of the tariffs
imposed by the 2025 Executive Orders.
It is currently unknown whether Five Below is seeking or has filed
for a refunds of the illegal tariffs it paid. It also has not
stated publicly that it intends to provide any consumer(s) any
refund(s) for any extra amount(s) the consumer(s) paid for any
good(s) due to the illegal tariffs.
The complaint asserts that the Plaintiff and the Class members are
entitled to a declaration that a business actually seeking and/or
receiving a refund from the federal government for amounts paid as
a result of, due to, and/or to offset any or all of the tariffs
imposed by the 2025 Executive Orders is not a condition,
precondition, or prerequisite for a consumer being able to seek
and/or receive a refund(s) of any amounts the consumer paid to a
business as a result of, due to, and/or to offset any or all of
those tariffs.
Plaintiff Barbara Grazioli is a resident of Maple Shade, New
Jersey
Defendant Five Below, Inc. is a Pennsylvania corporation that has
1,921 stores across 46 states.[BN]
The Plaintiff is represented by:
Michael H. Sampson, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 253-4992
E-mail: mike@lcllp.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2026. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***