Whitney Morgan Smith
Kelley Drye & Warren LLP
- Address of record
- 7 Giralda Farms, Suite 340, Madison, NJ 07940, 973-503-5923
- Phone
- (973) 503-5923
- Fax
- Fax 973-503-5950
Contact details as filed with the court in the cases below.
Case history
Publicly tracked matters where this attorney is listed as counsel.
Kesel v. Liberty Mutual Insurance Company TCPA Class Action
A proposed class action against Liberty Mutual Insurance Company alleging violations of the Telephone Consumer Protection Act (TCPA). The lawsuit apparently concerns allegedly unlawful telephone communications, such as robocalls or text messages, sent to consumers.
- Filed
- December 9, 2025
- Represents
- Liberty Mutual Insurance Company
S.K. v. Disney Worldwide Services Data Breach Class Action
A proposed class action against Disney Worldwide Services Inc., apparently concerning alleged mishandling or unauthorized access to personal information. The case was filed as a personal injury action, suggesting claims of harm arising from alleged privacy violations or data exposure affecting consumers.
- Filed
- September 5, 2025
- Represents
- Disney Worldwide Services Inc, Disney Entertainment Operations LLC, The Walt Disney Company
Jane Technologies TCPA Class Action
A proposed class action against Jane Technologies, Inc. apparently alleging violations of the Telephone Consumer Protection Act. The plaintiff appears to claim that the company placed unsolicited calls or sent unsolicited text messages to consumers without consent. These are allegations in a newly filed case, not proven facts and not yet a settlement.
- Filed
- June 13, 2025
- Represents
- Happy Cabbage Analytics, Inc.
CVS Health Consumer Statutory Class Action
A proposed class action has been filed against CVS Health Corporation in the Central District of California. The lawsuit is brought under 'Other Statutory Actions,' and the available docket text contains only procedural filings such as a stipulation for a protective order and requests to stay or extend deadlines. Specific allegations against CVS Health are not detailed in the provided text.
- Filed
- May 23, 2025
- Represents
- CVS Health Corporation, CVS Pharmacy, Inc.
CVS Health Personal Injury Class Action
This is a proposed class action against CVS Health Corporation and CVS Pharmacy, Inc., apparently concerning personal injury or other tort claims. The available docket entries reflect ongoing mediation and a motion to dismiss but do not describe the specific allegations, and no settlement has been reached.
- Filed
- December 12, 2024
- Represents
- CVS Health Corporation, CVS Pharmacy, Inc.
Kohl's Consumer Class Action
A proposed class action against Kohl's Inc., apparently concerning contract-related claims. The docket indicates the named plaintiffs filed a notice of voluntary dismissal as to Kohl's. No specific factual allegations are described in the available docket entries.
- Filed
- October 21, 2024
- Represents
- KOHL'S INC.
Kohls Consumer Class Action
This is a proposed class action against Kohl's, Inc. The available docket metadata indicates the case was filed under Nature of Suit 380, Personal Property: Other, but the specific allegations are not available in the docket text. The lawsuit appears to involve claims that could affect ordinary consumers, though the exact nature of the alleged harm is unclear; the allegations are unproven and no settlement has been reached.
- Filed
- October 9, 2024
- Represents
- KOHLS, INC.
Kiss Nail Products Consumer Class Action
A proposed class action against Kiss Nail Products, Inc. was filed in federal court. The docket indicates the case concerns personal property other than contract or tort, but specific allegations are not available from the caption and docket text. Ordinary consumers who purchased Kiss nail products could plausibly be class members.
- Filed
- June 24, 2024
- Represents
- Kiss Nail Products, Inc.
MOVEit Customer Data Security Breach Settlement
Cadence Bank used a third-party file transfer application called MOVEit Transfer that had a security vulnerability. This vulnerability led to a data breach between May 28, 2023 and May 31, 2023, where personally identifying information of customers was compromised. Cadence began notifying affected individuals in September 2023.
- Claim deadline
- June 4, 2026
- Represents
- Pathward, N.A.
MOVEit Nuance Data Security Breach Settlement
Nuance Communications, Inc. experienced a data security breach between May 27-31, 2023, affecting personally identifiable information of customers. The breach resulted from an alleged vulnerability in MOVEit Transfer, third-party file transfer software that Nuance used in its ordinary business operations. Nuance is settling claims related to this 2023 MOVEit Security Incident, though litigation against Progress Software Corporation (the MOVEit software licensor) continues.
- Claim deadline
- March 30, 2026
- Represents
- Pathward, N.A.
NCB Management Services Data Breach Settlement
NCB Management Services failed to implement reasonable data security measures to protect customers' personal information. On or about March 24, 2023, unauthorized third-party access to NCB's systems resulted in the compromise, theft, or unauthorized access to Settlement Class Members' personal information.
- Settlement fund
- $2.6M
- Claim deadline
- August 26, 2025
- Represents
- Pathward, N.A.
“Recovery” and “exposure” refer to total disclosed settlement funds in associated cases, not money personally won or lost by an attorney. Settlements generally resolve disputed allegations without a finding that either side won. Data comes from public court dockets and may be incomplete.