Mealey's Class Actions

  • October 16, 2017

    3rd Circuit Affirms Dismissal Of Variable Electricity Pricing Class Suit

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Oct. 12 affirmed a trial court’s decision to dismiss with prejudice a breach of contract class claim brought by a Pennsylvania resident who claimed that an energy company violated its service contract by raising the rates each month (John D. Orange, et al. v. Starion Energy PA, Inc., et al., No. 16-1949, 3rd Cir., 2017 U.S. App. LEXIS 19939).

  • October 16, 2017

    8th Circuit Affirms Remand Of Class Suit Alleging Slack-Filled Red Hot Candy

    ST. LOUIS — The maker of Red Hot candy failed to show that the amount being sought by a class of consumers alleging “slack-filled” packages or the cost of complying with a potential injunction exceeds the Class Action Fairness Act’s (CAFA) $5 million threshold, an Eighth Circuit U.S. Court of Appeals panel ruled Oct. 13, affirming a trial court’s remand order (Jaclyn Waters, et al. v. Ferrara Candy Co., No. 17-2812, 8th Cir., 2017 U.S. App. LEXIS 19977).

  • October 16, 2017

    Vegas Shooting Witnesses File Class Complaint Against Gun Device Makers, Sellers

    LAS VEGAS — Individuals who witnessed the Las Vegas shooting at a music festival on Oct. 1 filed a class complaint in Nevada state court on Oct. 6, seeking damages for emotional distress from gun device maker Slide Fire Solutions L.P. and other unnamed manufacturers and retailers (Devon Prescott, et al. v. Slide Fire Solutions, LP, et al., No. A-17-762709, Nev. Dist., Clark Co.).

  • October 16, 2017

    Royal Caribbean Customer Files Class Complaint Over Hurricane Cruise

    MIAMI — A Canadian woman filed a class complaint on Sept. 28 in a Florida federal court accusing Royal Caribbean Cruises Ltd. (RCCL) of subjecting its customers to “days of danger, terror, and trauma” as the result of allegedly being forced to travel into the path of Hurricane Harvey (Nikki McIntosh, et al. v. Royal Caribbean Cruises Ltd., No. 17-23575, S.D. Fla.).

  • October 13, 2017

    Judge Dismisses Class Action Over Dimensional Lumber Measurements

    CHICAGO — A federal judge in Illinois on Sept. 29 dismissed with prejudice a class action claiming that the home improvement store Menard Inc. violated the Illinois Consumer Fraud Act (ICFA) when selling dimensional lumber that was not the size listed on the label, finding that while the plaintiffs had standing, the labels were not misleading because they do not have inch-mark symbols (Michael Fuchs, et al. v. Menard, Inc., No. 17-01752, N.D. Ill., 2017 U.S. Dist. LEXIS 160336).

  • October 13, 2017

    7th Circuit Affirms No Class Certification In Union Fair-Share Fee Suit

    CHICAGO — Too many individualized issues predominate in a suit over public employees who were forced to pay fees to a union, even if they were not members, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 11, upholding a trial court’s ruling in a case on remand from the U.S. Supreme Court (Theresa Riffey, et al. v. Bruce V. Rauner, et al., No. 16-3487, 7th Cir., 2017 U.S. App. LEXIS 19868).

  • October 13, 2017

    7th Circuit Panel Affirms Dismissal Of Depakote RICO Class Action By Insurers

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on Oct. 12 affirmed dismissal of a racketeering class action against Abbott Laboratories for its off-label promotion of the seizure drug Depakote, saying there are too many layers between the drug manufacturer’s actions and Depakote prescriptions paid for by two third-party payers to prove an injury (Sidney Hillman Health Center of Rochester, et al. v. Abbott Laboratories, et at., No. 17-1483, 7th Cir., 2017 U.S. App. LEXIS 19925).

  • October 13, 2017

    Hospital Collection Calls Class Suit Survives Motion To Stay, Strike, Dismiss

    SAN DIEGO — A California federal judge on Oct. 10 denied a children’s hospital’s motion to stay, strike class allegations or dismiss a class complaint filed by individuals who allege collection calls placed on the hospital’s behalf violated the Telephone Consumer Protection (TCPA) (Taneesha Crooks, et al. v. Rady Children’s Hospital, No. 17-246, S.D. Calif., 2017 U.S. Dist. LEXIS 168085).

  • October 13, 2017

    Amex Shareholder Class Action Over Alleged Misrepresentations Dismissed

    NEW YORK — A pension fund failed to show that a credit card company and certain of its executive officers violated federal securities laws by failing to disclose known trends and uncertainties and other adverse facts concerning its co-brand agreement negotiations with an international retailer, a federal judge in New York ruled Sept. 30 in dismissing the pension fund’s amended class complaint for failure to plead any actionable misrepresentations or scienter (Plumbers and Steamfitters Local 137 Pension Fund v. American Express Co., et al., No. 15-5999, S.D. N.Y., 2017 U.S. Dist. LEXIS 162399).

  • October 13, 2017

    Institutional Investor Appointed As Lead Plaintiff In Securities Class Action

    BROOKLYN, N.Y. — A federal judge in New York on Oct. 6 ruled that an institutional investor has met all statutory requirements to serve as lead plaintiff in a securities class action against a Brazilian meat processor and seller and certain of its executive officers for alleged violations of federal securities laws in connection with an alleged bribery scheme with Brazilian government officials and others (Edmund Murphy III v. JBS S.A., et al., No. 17-3084, E.D. N.Y., 2017 U.S. Dist. LEXIS 166262).

  • October 13, 2017

    1st Circuit Denies Rehearing In Securities Suit Against Drug Company

    BOSTON — The First Circuit U.S. Court of Appeals denied a petition for rehearing and rehearing en banc in a securities class action filed by a pharmaceutical company’s shareholders who alleged that the company and certain of its executive officers misrepresented the likelihood of U.S. Food and Drug Administration (FDA) approval for its Duchenne muscular dystrophy treatment drug in violation of federal securities law (Mark A. Corban v. Sarepta Therapeutics Inc., et al., No. 14-10201, D. Mass.).

  • October 13, 2017

    Investors Found To Have Pleaded Control-Person Liability In Securities Suit

    HARTFORD, Conn. — Investors have properly pleaded each of their state and federal securities laws claims against the co-founder of a virtual currency mining company, a federal judge in Connecticut ruled Oct. 11 in denying the defendant’s motion to dismiss all claims against him (Denis M. Audet, et al. v. Stuart A. Fraser, et al., No. 16-0940, D. Conn., 2017 U.S. Dist. LEXIS 167830).

  • October 12, 2017

    Judge Grants Preliminary Approval Of $28.5M Settlement In IPO Suit

    NEW YORK — A federal judge in New York on Oct. 11 granted preliminary approval of a $28.5 million securities class action settlement between shareholders and a global eCommerce company and others, ruling that the proposed settlement offer is fair, reasonable and adequate (In re Cnova N.V. Securities Litigation, No. 16-444, S.D. N.Y.).

  • October 10, 2017

    Government Allowed To Participate In Securities Suit Appeal Oral Arguments

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 10 granted Acting Solicitor General Noel Francisco’s motion for leave to participate in oral arguments as amicus curiae and for divided argument in a securities class action lawsuit challenging a federal appellate court’s ruling that Item 303 of Securities and Exchange Commission Regulation S-K creates a duty to disclose that is actionable under federal securities law (Leidos Inc., v. Indiana Public Retirement System, et al., No. 16-581, U.S. Sup.).

  • October 10, 2017

    Federal Judge Dismisses Breach Of Fiduciary Duty Claim Against Verizon Plans

    NEW YORK — A plaintiff’s allegations that a number of 401(k) retirement plans offered by Verizon Communications Inc. were “overly complex, overly risky, and inappropriate for the average Verizon employee” are not sufficient to maintain a claim for breach of fiduciary duty, a New York federal judge said Sept. 28 in partially granting the defendants’ motion to dismiss (Melina N. Jacobs v. Verizon Communications Inc., et al., No. 16-1082, S.D. N.Y., 2017 U.S. Dist. LEXIS 162703).

  • October 9, 2017

    COMMENTARY: 2016 Insurance-Related Class Actions Filed In Or Removed To Federal Court

    By Charlotte E. Thomas

  • October 9, 2017

    Split N.J. High Court Nixes Class Certification In TGI Fridays Drink Prices Suit

    TRENTON, N.J. — A divided New Jersey Supreme Court on Oct. 4 ruled in the first of two consolidated cases that class certification is inappropriate in a lawsuit against TGI Fridays Inc. over hidden drink prices and, in the second suit over hidden drink prices at Carrabba’s New Jersey locations, ruled that class certification was appropriate for one of two claims as long as the class was narrowed (Debra Dugan, et al. v. TGI Fridays, Inc., et al., Ernest Bozzi, et al. v. OSI Restaurant Partners, LLC, et al., Nos. 077567 and 077556, N.J. Sup., 2017 N.J. LEXIS 975).

  • October 9, 2017

    Yahoo, Plaintiffs To Brief On Impact Of 3 Billion User Announcement On Breach Suit

    SAN JOSE, Calif. — Following an Oct. 3 disclosure by Yahoo Inc. that a 2013 data breach affected 3 billion, rather than 1 billion users, a California federal judge on Oct. 5 directed Yahoo and the plaintiffs in a consolidated class action over that and other breaches to provide input on how this latest announcement will impact the proceedings (In re:  Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).

  • October 6, 2017

    Investors Failed To Cure Pleading Deficiencies In Securities Suit, Judge Rules

    NEW YORK — Lead plaintiffs in a securities class action lawsuit against an asset management firm and certain of its executive officers and others have failed to cure any of the pleading deficiencies identified in a prior ruling on motions to dismiss federal securities law claims, a federal judge in New York ruled Sept. 29 in dismissing a second amended complaint with prejudice (Arthur Menaldi v. Och-Ziff Capital Management Group LLC, et al., No. 14-3251, S.D. N.Y.; 2017 U.S. Dist. LEXIS 163063).

  • October 5, 2017

    J. Crew Customer Appeals Dismissal Of Credit Card Receipt Suit To 3rd Circuit

    PHILADELPHIA — In an Oct. 2 brief appealing dismissal of a class complaint under the Fair and Accurate Credit Transactions Act (FACTA) to the Third Circuit U.S. Court of Appeals, a plaintiff says that J. Crew Group Inc.’s inclusion of credit card digits on receipts created a threat of identity theft, thus constituting a concrete injury under the act and establishing Article III standing (Ahmed Kamal v. J. Crew Group Inc., et al., No. 17-2345 and 17-2453, 3rd Cir.).