Mealey's Class Actions

  • March 18, 2024

    Investors Seek Approval Of $490M Settlement With Apple Inc. Over Sales Claims

    OAKLAND, Calif. — Apple Inc. and certain of its executives have agreed to pay $490 million to settle class claims brought by investors that the company’s CEO issued misleading statements about Apple’s sales of iPhones in China, according to a March 15 motion seeking preliminary approval of the proposed settlement filed in a California federal court by the lead plaintiff.

  • March 18, 2024

    E-Cig MDL Judge Issues Order Granting Final Approval Of $45M Altria Settlement

    SAN FRANCISCO — The California federal judge overseeing multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and tobacco company Altria Group Inc. and its subsidiaries issued written final approval of a $45 million settlement to resolve economic loss claims brought by class members who purchased JLI products in reliance upon misleading information about its addictiveness and health risks.

  • March 18, 2024

    6th Circuit Affirms Denial Of Intervention In Now Settled Vaccine Mandate Dispute

    CINCINNATI — A trial court did not abuse its discretion when it denied a motion to intervene filed by one of more than 4,000 potential class members in a since settled case by employees over a health care provider’s mandatory COVID-19 vaccine policy.

  • March 18, 2024

    GM, OnStar, Lexis Sued For Collecting, Sharing Drivers’ Data

    WEST PALM BEACH, Fla. — A Florida man, who claims that his driving data was collected and shared without his knowledge or consent brings putative class claims under the Fair Credit Reporting Act (FCRA), as well as Florida consumer and privacy law, asserting that the inaccurate information negatively impacted his ability to obtain car insurance.

  • March 18, 2024

    Patients Seek To Centralize Data Breach Suits Against Health Care Firm In Tennessee

    WASHINGTON, D.C. — Four plaintiffs who separately filed putative negligence class actions against a health care provider that recently experienced a data breach filed a motion to transfer and consolidate their suits along with others filed against the same defendant in Tennessee federal court.

  • March 14, 2024

    Pepperdine Seeks Summary Judgment Reconsideration In Pandemic Closure Class Case

    LOS ANGELES — Pepperdine University filed a motion on March 13 for reconsideration of its summary judgment motion that was partially granted and partially denied just over a year ago in a class action by students seeking partial refunds for tuition fees and room and board after the school transitioned to online learning in March 2020 due to the COVID-19 pandemic; the school argues that Berlanga et al. v. University of San Francisco clarified the standard of review to be used in such a case.

  • March 14, 2024

    ATM Operators, Others Tell U.S. High Court Common Issues Predominate In Fees Case

    WASHINGTON, D.C. — Certification of three classes in an antitrust case against network operators over access fee rules they impose on automated teller machine (ATM) operators was appropriate as common issues predominate and there is no circuit conflict for the U.S. Supreme Court to resolve, the classes argue in a respondent brief filed March 13, opposing a petition for a writ of certiorari by Visa and Mastercard.

  • March 14, 2024

    2 Complaints Alleging Infections From Detergent Consolidated For Discovery

    NEW YORK — A federal judge in New York consolidated, “at least for purposes of discovery,” two complaints, one of which is a consolidated putative class action, accusing the maker of luxury cleaning and laundry products of continuing to sell products after learning that they were contaminated with several types of bacteria, including one that is antibiotic-resistant.

  • March 13, 2024

    Widener University Student Files Class Suit Seeking Prorated Pandemic Refunds

    PHILADELPHIA — Widener University breached its contracts with students and was unjustly enriched when it failed to provide prorated refunds for tuition and fees after the school shuttered on-campus teaching, services and amenities and transitioned to remote teaching in March 2020 due to the coronavirus pandemic, a student alleges in her putative class complaint filed in a federal court in Pennsylvania.

  • March 13, 2024

    Hair Relaxer Plaintiffs Say Claims Against Revlon Are Proper Despite Bankruptcy

    CHICAGO — On March 12, plaintiffs in a suit against cosmetics companies over alleged injuries related to hair relaxer products filed a brief in Illinois federal court arguing that it should deny a motion by Revlon Inc., Revlon Consumer Products Corp. and Revlon Group Holdings LLC (collectively, Revlon) to strike class allegations from the lawsuit because Revlon is in bankruptcy.  The plaintiffs say certain claimants may have proper claims against Revlon despite the bankruptcy.

  • March 13, 2024

    Judge Strikes Expert Testimony, Denies Class Certification In Suit Against GEICO

    CHICAGO — An Illinois federal judge on March 12 granted insurers’ motion to strike the insureds’ expert testimony and denied the insureds’ motion for certification of two classes in their lawsuit alleging that the insurers violated the Illinois Consumer Fraud and Deceptive Business Practices Act by charging “excessive” premiums during the COVID-19 pandemic that failed to account for a dramatic reduction in driving, finding that the insureds failed to establish predominance to warrant class certification.

  • March 13, 2024

    Appeals Court: Calif. Restaurants’ Pandemic Alcohol License Fee Class Claims Fail

    LOS ANGELES — Class claims by California restaurants against the Department of Alcoholic Beverage Control (ABC) for its failure to refund fees paid during the COVID-19 pandemic when the use of restaurants’ licenses was limited do not constitute petitions for a writ of mandate that an appellate court would have jurisdiction over and are not claims over which a trial court has jurisdiction, a California appellate panel ruled in an unpublished opinion, affirming dismissal by the trial court.

  • March 13, 2024

    Judge Certifies Settlement Class Over Alleged Fraud, Won’t Approve $195,000 Deal

    SANTA ANA, Calif. — Citing reasons including “serious concerns about the scope of recovery,” a California federal judge granted preliminary certification of a settlement class in a suit over alleged fraud involving captive reinsurance but denied preliminary approval of the proposed $195,000 settlement.

  • March 13, 2024

    AT&T Retirees File Putative Class ERISA Suit Over Pension Risk Transfer Deal

    BOSTON — Asserting in part that “reinsurance of ‘Pension Risk Transfer’ liabilities in Bermuda poses unique risks to pensioners,” four AT&T Inc. retirees who participated in a defined-benefit pension plan filed a class complaint in Massachusetts federal court challenging a “de-risking” transaction under the Employee Retirement Income Security Act.

  • March 13, 2024

    Consumers Say Acne Products Marketed As ‘Safe’ Contained Carcinogens

    LOS ANGELES — Two consumers filed a putative class action accusing Johnson & Johnson Consumer Inc. (J&J) of deceptively labeling its “Neutrogena” and “Clean & Clear” and other skincare products as “safe” in violation of California’s unfair competition law (UCL), alleging that the products contain high amounts of the carcinogen benzene.

  • March 12, 2024

    Seaboard’s $9.75M Pork Price-Fixing Settlement With Direct Purchasers Approved

    MINNEAPOLIS — A federal judge in Minnesota granted final approval of a $9.75 million settlement between Seaboard Foods LLC and direct purchaser plaintiffs (DPPs) in a multidistrict litigation accusing various pork suppliers of conspiring to stabilize and increase the price of pork.

  • March 12, 2024

    Judge Sends Suits Accusing Tesla Of Misrepresenting Battery Range To Arbitration

    OAKLAND, Calif. — A California federal judge granted Tesla Inc.’s motion to compel individual arbitration of the plaintiffs’ claims in two related putative class action lawsuits against it for allegedly misrepresenting the driving range of its vehicles in violation of California’s unfair competition law (UCL) and other laws.

  • March 12, 2024

    Notice Of Appeal Filed After CAFA Exceptions Ruling In Floride Case

    BUFFALO, N.Y. — Buffalo residents who brought a putative class complaint against the city and others seeking damages due after the practice of adding fluoride to the drinking water was stopped filed a notice of appeal nearly a month after a federal judge in New York denied the residents’ motion to send their complaint back to state court.

  • March 12, 2024

    After A Few Tries, $37.5M Settlement Of Meta Tracking Class Action Gets Final OK

    SAN FRANCISCO — After receiving assurances that the plaintiffs in a Facebook location-tracking class action had taken care of his latest concern over a $37.5 million settlement of privacy claims against the social network’s owner Meta Platforms Inc., a California federal judge on March 11 finally granted final approval of the settlement after a year and a half of tweaks and revisions to it.

  • March 12, 2024

    9th Circuit Upholds Dismissal Of Wrongful Death Class Case Against Netflix

    SAN FRANCISCO — A putative class complaint by the estate and family members of a minor who died by suicide accusing a streaming service of strict liability, wrongful death and negligence in connection with its release of a show depicting a suicide was properly dismissed for lack of standing and as time-barred, a Ninth Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s grant of Netflix Inc.’s motion to dismiss and motion to strike under California’s anti-SLAPP statute.

  • March 11, 2024

    Water Authority Will Settle Class Claims Over Industrial Waste Charges For $11.5M

    DETROIT — A Michigan judge granted final approval of an $11.5 million settlement to be paid by the Great Lakes Water Authority (GLWA) to end a class suit by property owners who are not significant industrial users (SIUs) but have paid industrial waste control (IWC) charges imposed by Detroit and GLWA; the property owners sued alleging the charges were wrongfully imposed taxes rather than proper user fees and violated the Prohibited Taxes by Cities and Villages Act.

  • March 11, 2024

    Equal Athletic Opportunities Settlement Approved In Hawaii Female Students’ Suit

    HONOLULU — A federal judge in Hawaii granted final approval of settlement between female students from an Ewa Beach, Hawaii, high school, the Hawaii State Department of Education (DOE) and the Oahu Interscholastic Association (OIA) in a case accusing the DOE and OIA of violating Title IX of the Education Amendments Act by putting “boys first” and providing boys with better athletic programs and facilities than girls; the students said the agreement will ensure equal athletic opportunities for the female students.

  • March 11, 2024

    Majority: Court Erred In Denying Insurer’s Motion To Dismiss COVID-19 Coverage Suit

    RICHMOND, Va. — A majority of the Fourth Circuit U.S. Court of Appeals on March 8 held that a lower federal court erred when it denied an insurer’s motion to dismiss an insured’s coverage lawsuit arising from the coronavirus pandemic, reversing both the lower court’s order denying the insurer’s motion to dismiss and its class certification order and remanding with instructions to dismiss the lawsuit.

  • March 11, 2024

    Class Counsel Get $20.3M In Settlement Of ERISA Proprietary Funds Case

    BOSTON — A Massachusetts federal judge on March 8 issued orders granting final approval to a $61 million deal with General Electric Co. (GE) and related defendants that the plaintiffs said is “the largest [Employee Retirement Income Security Act] class action settlement of claims involving proprietary funds”; the judge also awarded class counsel a third of that amount for attorney fees.

  • March 11, 2024

    2 Settlements In Public Utility’s ‘Flushable’ Wipes Case Granted Final Approval

    CHARLESTON, S.C. — A federal judge in South Carolina on March 8 granted final approval to two injunctive relief settlements with retailers and makers of “flushable” wipes in a class case by commissioners of Public Works of the city of Charleston who allege that the wipes clog sewer systems across the country.