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Mealey's Class Actions

  • April 19, 2019

    Judge Certifies Class For Tree Trimmers Not Paid For Long Travel Times

    DAYTON, Ohio — An Ohio federal judge on April 18 certified a class of tree service employees who were allegedly not paid when they had to travel long distances overnight to jobs (Joseph Neville, et al. v. Nelson Tree Service, LLC, No. 18-368, S.D. Ohio, Western Div., 2019 U.S. Dist. LEXIS 66446).

  • April 18, 2019

    Truck Drivers, Others Appeal Dismissal Of Class Suit Over Pennsylvania Tolls

    HARRISBURG, Pa. — A trucking trade organization, several companies and others who use the Pennsylvania Turnpike filed a notice of appeal on April 4, the same day a Pennsylvania federal court dismissed class claims over toll increases and how that money is being used (Owner Operator Independent Drivers Association, Inc., et al. v. Pennsylvania Turnpike Commission, et al., No. 18-608, M.D. Pa., 2019 U.S. Dist. LEXIS 58255).

  • April 18, 2019

    Faulty Windshields, Bedbugs, Other Complaints Hit Courts

    Recent class action lawsuits filed in federal and state courts across the country include complaints alleging faulty windshields, defective refrigerator compressors, products being sold infested with bedbugs and failure to pay wages.

  • April 18, 2019

    Massachusetts Court Reverses Class Certification Denial In P.F. Chang’s Wage Suit

    BOSTON — The Massachusetts Supreme Judicial Court on April 12 reversed a trial court’s denial of class certification in a restaurant worker’s reporting pay lawsuit and ruled that two unaccepted settlement offers did not moot the worker’s individual claims (Felice Gammella, et al. v. P.F. Chang’s China Bistro, Inc., No. SJC-12604, Mass. Sup., 2019 Mass. LEXIS 229).

  • April 18, 2019

    California Appellate Panel Won’t Rule On Class Arbitration Issues

    LOS ANGELES — A California appellate panel in an April 2 unpublished opinion declined to review an order granting a satellite service provider’s renewed motion to compel arbitration or an order denying a motion for new trial, finding that neither was appealable under the “death knell doctrine” because the class was not decertified and the class claims were not dismissed (Amy Imburgia, et al. v. DirecTV, Inc., No. B28447, Calif. App., 2nd Dist., Div. 1, 2019 Cal. App. Unpub. LEXIS 2302).

  • April 18, 2019

    California Federal Judge Remands Wage Class Suit, Declines To Rule On Arbitration

    SAN JOSE, Calif. — A California federal judge on April 5 remanded a class complaint accusing an employer of multiple state wage violations based on the amount in controversy and, because the court lacked jurisdiction, declined to address a motion to compel arbitration (Juan Chavez v. Pratt [Robert Mann Packaging], LLC, No. 19-719, N.D. Calif., 2019 U.S. Dist. LEXIS 59399).

  • April 18, 2019

    Leave To File Renewed Class Certification Motion Denied In Workers’ Comp Insurance Cases

    SACRAMENTO, Calif. — A California federal judge on April 17 denied leave to file a renewed motion for class certification in consolidated cases over a reinsurance participation agreement (RPA) entered into by businesses when buying a workers’ compensation program because there was no reason for why the class definition could not have been initially sought (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., No. 16-158, Pet Food Express Ltd., et al. v. Applied Underwriters Inc., et al., No. 16-1211, E.D. Calif., 2019 U.S. Dist. LEXIS 65807).

  • April 18, 2019

    Remand Of Class Suit Over Classification Of Publishers Is Denied

    SANTA ANA, Calif. — A California federal judge on April 5 denied a motion to send a putative class complaint alleging the misclassification of magazine publishers as independent contractors back to state court, finding that the magazine distribution company met its burden to show that the amount in controversy was more than $75,000 (Christopher Lowe v. Lifestyle Publications, LLC, et al., No. 19-198, C.D. Calif., 2019 U.S. Dist. LEXIS 59381).

  • April 18, 2019

    Florida Appeals Court Quashes Order Transferring Improper Towing Class Suit

    LAKELAND, Fla. — A Florida appellate panel on April 12 granted a petition to quash an order transferring a putative class complaint from a circuit court to a county court until the class was certified or the jurisdictional amount could be established, ruling that the trial court erred in its ruling (Sherri Diamond v. Elvis Towing, Inc., No. 2D18-2953, Fla. App., 2nd Dist., 2019 Fla. App. LEXIS 5742).

  • April 17, 2019

    Federal Magistrate Judge Partially Grants Protective Order For Class Communications

    PROVIDENCE, R.I. — A Rhode Island federal magistrate judge on April 12 partially granted a motion for a protective order governing communications between a pet food maker and putative class members in a suit over recalled dog food, ordering only that a limited clarification be issued addressing the meaning of a deadline in one letter (Jennifer Jubinville, et al. v. Hill’s Pet Nutrition, Inc., et al., No. 18-74, D. R.I., 2019 U.S. Dist. LEXIS 63120).

  • April 17, 2019

    Class Suit Over Pay Frequency By Whole Foods Survives Dismissal Motion

    CENTRAL ISLIP, N.Y. — A New York federal judge on April 9 declined to dismiss a class complaint accusing Whole Foods Market Group Inc. of failing to comply with New York law by paying manual workers twice a month rather than once a week without prior approval by the labor commissioner, finding that there is an implied private right of action in the law (Dwayne J. Scott, et al. v. Whole Foods Market Group, Inc., No. 18-86, E.D. N.Y., 2019 U.S. Dist. LEXIS 61726).

  • April 17, 2019

    Joint Motion Filed To Defer High Court’s Consideration Of Class Appeal

    WASHINGTON, D.C. — The parties in a class action over damages from a service station’s alleged failure to disclose debit card fees filed a joint motion in the U.S. Supreme Court on April 2 to defer consideration of a petition for a writ of certiorari in light of a settlement motion filed in an Oregon trial court (BP West Coast Products, LLC v. Steven Scharfstein, et al., No. 18-1256, U.S. Sup.).

  • April 17, 2019

    Judge Denies Dismissal Of Housekeeper’s Overtime Class Claim Against Franchisor

    PHILADELPHIA — A Pennsylvania federal judge on April 5 denied Choice Hotels International’s motion to dismiss a collective and class action lawsuit brought by a former housekeeper who sued Choice and one of its franchisees as joint employers for denying her and other workers overtime wages (Gina DiFlavis v. Choice Hotels International, Inc. et al., No. 18-3914, E.D. Pa., 2019 U.S. Dist. LEXIS 58924).

  • April 16, 2019

    U.S. Supreme Court Won’t Hear Appeal Over Arbitrability Of Class Arbitration

    WASHINGTON, D.C. — The U.S. Supreme Court on April 15 denied a petition for a writ of certiorari filed by JPay Inc. that asked the high court to decide whether courts may “presume parties intended to let an arbitrator decide if class arbitration is available when they ‘simply agree[d] to submit’ disputes over arbitrability ‘to an arbitrator?’” (JPay, Inc. v. Cynthia Kobel, et al., No. 18-811, U.S. Sup.).

  • April 16, 2019

    California Federal Judge Trims Claims In Class Suit Over Slack-Filled Fries

    OAKLAND, Calif. — A California federal judge on April 12 allowed a consumer suing over the opaque packing of sweet potato fries to proceed with claims under California’s unfair competition law (UCL) and Consumer Legal Remedies Act (CLRA) based on her nonfunctional slack fill theory of liability but granted the defendant’s motion to dismiss with prejudice as to the plaintiff’s claims based on her consumer deception theory of liability (Angela Kennard v. Lamb Weston Holdings, Inc., No. 18-4665, N.D. Calif., 2019 U.S. Dist. LEXIS 63637).

  • April 16, 2019

    Kentucky Appeals Panel Upholds Class Certification Denial In Tire Fire Damage Suit

    FRANKFORT, Ky. — A Kentucky appellate panel on April 12 ruled that while it disagreed with much of a trial court’s analysis in a decision denying class certification to residents suing over damage caused by a tire fire, there was no abuse of discretion by the court because the plaintiffs failed to show that common questions predominated (Betty Manning, et al. v. Liberty Tire Services of Ohio, LLC, et al., No. 2016-CA-001719-ME, Ky. App., 2019 Ky. App. LEXIS 60).

  • April 15, 2019

    Final Approval Granted In Lot Owners’ Class Suit Over Incomplete Infrastructure

    BRUNSWICK, Ga. — A Georgia federal judge on April 10 granted final approval of an $11.75 million settlement in a class complaint by subdivision lot owners after infrastructure improvements were not completed (Stephen Agnone, et al. v. Camden County, Georgia, et al., No 14-24, S.D. Ga., 2019 U.S. Dist. LEXIS 61861).

  • April 12, 2019

    $9.85M Late Luggage Settlement By US Airways Granted Final Approval

    SAN JOSE, Calif. — A California federal magistrate judge on April 11 issued an order granting final approval of a $9.85 million settlement to be paid by US Airways Inc. and US Airways Group Inc. (collectively, US Airways) to end an airline passenger’s breach of contract class suit over delayed luggage and an order approving attorney fees, expenses and an incentive award (Hayley Hickcox-Huffman v. US Airways, Inc., et al., No. 10-5193, N.D. Calif., 2019 U.S. Dist. LEXIS 62836).

  • April 10, 2019

    Illinois Appellate Panel: Biometic Data Dispute Is Not Arbitrable

    CHICAGO — Hotel employees’ putative class claims over the collection, storage and disclosure of their fingerprints for timekeeping purposes is not a “wage or hour violation” subject to arbitration under the hotel’s employment agreement, an Illinois appeals panel ruled April 9 (Tony Liu, et al. v. Four Seasons Hotel, Ltd., et al., No. 17 CH 14949, Ill. App., 1st Dist., 2019 Ill. App. LEXIS 233).

  • April 10, 2019

    Judge Preliminarily Approves $23.6M Settlement Fund In Anthem ERISA Class Action

    INDIANAPOLIS — An Indiana federal judge on April 8 granted joint motions for preliminary approval of a $23.65 million class action settlement and to certify a class in a lawsuit filed by 401(k) plan participants who allege that the retirement plan breached its fiduciary duties under the Employee Retirement Income Security Act by providing plan participants with an imprudent investment fund and by charging plan participants excessive administrative fees (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 15-02062, S.D. Ind.).