Mealey's Class Actions : Mealey's : Legal News & Analysis

Mealey's Class Actions

April 23, 2024
3rd Circuit Hears Arguments In 2 Cases Over Jurisdiction For Wiretapping Software

PITTSBURGH — Considering questions of personal jurisdiction and pleadings standards, the Third Circuit U.S. Court of Appeals heard combined oral arguments in two putative class actions that were dismissed for lack of jurisdiction, in which Pennsylvania residents alleged violations of a state surveillance statute by Papa John’s International Inc. and a software company, respectively, based on wiretapping computer code that was surreptitiously placed on the devices of website visitors.
April 23, 2024
U.S. High Court Hears Arguments On Constitutionality Of Public Camping Ordinances

WASHINGTON, D.C. — Attorneys representing a class of homeless individuals, the United States and an Oregon city presented arguments on April 22 before the U.S. Supreme Court concerning the constitutionality of the city’s ordinances barring camping in public spaces and making violations punishable by fines and arrests.
April 22, 2024
U.S. High Court Denies Domino’s FAA Petition In Truck Drivers’ Expenses Case

WASHINGTON, D.C. — The U.S. Supreme Court on April 22 denied a petition for a writ of certiorari filed by Domino’s Pizza LLC after the company’s truck drivers (D&S drivers) were found by the Ninth Circuit U.S. Court of Appeals to be exempt from the Federal Arbitration Act (FAA) in their class case alleging unreimbursed business expenses and violation of California’s unfair competition law (UCL).
April 22, 2024
Michigan Federal Judge Dismisses ERISA Case Over Outdated Mortality Tables

DETROIT — Saying he “sympathizes with Plaintiffs’ position” but agrees with the defendants’ “statutory interpretation analysis,” a Michigan federal judge dismissed with prejudice a putative class suit in which Kellogg Co. retirees argued that using outdated assumptions and mortality tables to calculate pension benefits violates the actuarial equivalence requirements of the Employee Retirement Income Security Act.
April 22, 2024
Judge: Disclosure Of Driver’s License Info Did Not Violate New Hampshire Privacy Law

CONCORD, N.H. — Granting a motion to dismiss by Bath & Body Works LLC (BBW), a New Hampshire federal judge found that the retailer’s transmission of a customer’s driver’s license information to a third-party business partner did not violate the New Hampshire Driver Privacy Act (DPA) because the plaintiff did not establish that a “department record” had been sold or offered for sale.
April 19, 2024
Final OK Given To $62 Million Cy Pres Settlement Of Google Location History Suit

SAN JOSE, Calif. — The same day he presided over a fairness hearing, a California federal judge issued a minute entry on the court docket on April 18 granting final approval to a $62 million settlement of a consolidated class action over the purported collection and retention of users’ location data by Google Inc., with most of the funds going to cy pres recipients.
April 19, 2024
U.S. Supreme Court Seeks Response To Review Bid For 2nd Circuit ERISA Ruling

WASHINGTON, D.C. — After Cornell University and related entities said they didn’t plan to file a brief unless asked, the U.S. Supreme Court issued an April 18 request for a response to a certiorari petition in which retirement plan participants argue that of two 2023 decisions that amplified a “preexisting circuit split” over Employee Retirement Income Security Act pleading standards for prohibited-transaction claims, the ruling against them “is the superior vehicle for review.”
April 19, 2024
9th Circuit Affirms Dismissal Of Investors’ Suit Against Gaming Company

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals affirmed a California federal judge’s decision to dismiss a putative class complaint brought by investors against a gaming company and certain of its officers, agreeing that the investors did not show that the company misled investors through false statements about the technical aspects of its mobile gaming platform.
April 18, 2024
Court: Positive Outlook Doesn’t Outweigh Disclosures In Asbestos Securities Class

NEW YORK — Even while putting a positive spin on Garrett Motion Inc.’s future, the company repeatedly warned investors about the dire financial situation posed by the asbestos-related liabilities it acquired in its spinoff from Honeywell International Inc., and the company was unlikely to believe it could mislead the market given the public nature of its information, the Second Circuit U.S. Court of Appeals said April 17 in affirming dismissal of a securities class action.
April 18, 2024
Amici File Briefs In Support Of Insurer’s High Court Appeal Of Remanded Class Action

WASHINGTON, D.C. — Two sets of amici curiae filed briefs on April 17 in the U.S. Supreme Court supporting an insurer’s petition for a writ of certiorari seeking review of the Seventh Circuit U.S. Court of Appeals’ finding that a class action challenging its practices fits within the internal affairs and home state controversy exceptions to the Class Action Fairness Act (CAFA).
April 18, 2024
EEOC Complaint Accuses Sheetz Of Racially Biased Hiring Practices

BALTIMORE — Sheetz Inc., Sheetz Distribution Services LLC and CLI Transport LP (together, Sheetz) discriminate against classes of Black, Native American and other multiracial applicants based on their race by screening for criminal convictions and then denying employment based on them, the Equal Employment Opportunity Commission alleges in a complaint filed April 17 in a federal court in Maryland.
April 18, 2024
Judge Won’t Rethink Dismissal Ruling In GitHub AI Copyright Suit

OAKLAND, Calif. — Five Doe defendants who claim that they did not receive proper attribution for use of their licensed materials on GitHub Inc.’s online collaboration platform failed in their quest for reconsideration of dismissal of their claims under the Digital Millennium Copyright Act (DMCA) when a California federal judge ruled that they did not “show reasonable diligence in bringing the motion” and did not establish any of the prerequisites for justifying reconsideration.
April 18, 2024
Hyundai, Kia Engine Defect Settlement Approved; Attorney Fees Given Partial OK

SANTA ANA, Calif. — A federal judge in California granted final approval of a class settlement agreement providing an extended warranty, recall and product improvements and reimbursements for repairs and other expenses to owners and lessees of certain Hyundai and Kia models that allegedly were built with defective engines that can spontaneously ignite and partially granted a motion for attorney fees, costs and service awards.
April 18, 2024
4th Circuit Reinstates Nevada Deception Claim In Lab Testing Costs Class Suit

RICHMOND, Va. — Patients accusing a laboratory testing company in a putative class complaint of violating Nevada and Florida law by omitting material information and making false and misleading representations may proceed only with their claim that the company violated Nevada law by failing to include the list prices for tests not covered by insurance with estimates for the patients’ financial responsibility, a Fourth Circuit U.S. Court of Appeals panel ruled in an unpublished per curiam opinion.
April 17, 2024
Settlement With Eli Lilly Over Insulin Costs Falls Apart In National Class Action

NEWARK, N.J. — A proposed settlement between Eli Lilly & Co. and class members in which the drugmaker would pay $13.5 million for an insulin price claims fund and ensure that class members will have prices for certain Lilly insulins capped at $35 a month for four years is off the table, lawyers for the plaintiffs told a New Jersey federal judge.
April 17, 2024
Centralization Of Cases Challenging Real Estate Commissions Denied By JPMDL

WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) declined to centralize nine cases pending in seven districts brought on behalf of classes of home sellers alleging that rules governing buyer broker compensation violate antitrust laws, opining that pending nationwide class settlements in another case may resolve some of the claims in the nine cases.
April 17, 2024
Attorney Fee In ERISA Record-Keeping Suit Is Cut To 1/4 Of $4.1M Settlement

NEW HAVEN, Conn. — Adopting the approach to attorney fees used in a 2014 decision in a different Employee Retirement Income Security Act case, a Connecticut federal judge on April 16 awarded class counsel a quarter of a $4.1 million class settlement with Xerox Corp. and its retirement plan committee rather than the requested third.
April 17, 2024
Jack In The Box Workers Partially Awarded Attorney Fees, Costs In Wage Suit

PORTLAND, Ore. — Motions for attorney fees and costs by both sides in a wage-and-hour suit brought by a class of Jack in the Box Inc. workers who saw some success with their claims were partially granted and partially denied by a federal judge in Oregon who ruled that the workers were entitled to a portion of the attorney fees and costs they sought and that the employer was entitled to no attorney fees but was entitled to a portion of the amount it sought for witness fees and other costs.
April 17, 2024
Federal Judge Clarifies Claims Deadline For Preliminarily Approved Class Settlement

SAN FRANCISCO — A federal judge in California issued an order clarifying the claims deadline for the submission of claims for purposes of a $23,997,500 settlement and notice plan that received preliminary approval in a putative class action alleging claims for unfair business practices, false advertising, fraud, deceit, misrepresentation and breach of the duty of good faith against travel insurers.
April 17, 2024
Apple, Plaintiffs, App Makers Differ On Discovery Issues In IPhone Antitrust Suit

SAN FRANCISCO — In a trio of discovery letter briefs filed in California federal court, Apple Inc., a class of consumers and a nonparty app developer bicker over the relevance of the plaintiffs’ discovery requests related to notification of the recently certified class and the merits of the class monopolization claims against Apple.
April 17, 2024
New York Agrees To $17.5M Settlement In Religious Head Covering Removal Suit

NEW YORK — A federal judge in New York issued an order in a class complaint by individuals who were forced to remove religious head coverings for post-arrest photos holding a partial summary judgment motion in abeyance in light of a proposed settlement under which New York City would pay $17.5 million.
April 16, 2024
Law Firm Agrees To $8M Class Settlement After Data Breach

SAN FRANCISCO — Orrick, Herrington & Sutcliffe LLP has agreed to pay $8 million to end consolidated class litigation filed after the firm’s network was breached and the personal identifiable information (PII) of more than 630,000 individuals was potentially accessed, according to a motion for preliminary settlement approval filed in a federal court in California.
April 16, 2024
Fracking Company: Mineral Rights Plaintiffs’ Case Fails; Lease Ownership Not Shown

CLARKSBURG, W.Va. — A hydraulic fracturing company has filed a reply brief in West Virginia federal court arguing that a mineral rights class case brought against it should be dismissed because the plaintiffs fail to rebut the company’s cited authority that requires the plaintiffs to establish a chain of title evidencing their ownership in the leases that were allegedly breached.
April 16, 2024
Class Certification Deemed Not Appropriate In Sesame Place Race Bias Lawsuit

PHILADELPHIA — Claims of racial discrimination made by customers of a children’s amusement park in Pennsylvania are not appropriate for class certification as there are two individualized questions related to the park owner’s liability for negligent supervision concerning who the customers interacted with and when the company became aware of issues with any employees that are unresolved, a federal judge in that state ruled April 15, adding that the plaintiffs also failed to show numerosity.
April 16, 2024
California Appeals Court Upholds Judgment, Sanctions In On-Call Rest Periods Case

SAN FRANCISCO — A California trial court did not err in retroactively applying the state’s Emergency Ambulance Employee Safety and Preparedness Act (EAESPA) to a putative class complaint by an ambulance service employee arguing that she and others were improperly denied rest breaks as they were required to remain on call and did not abuse its discretion in imposing $2,000 in sanctions against the worker’s counsel after they refused to dismiss the lawsuit, a California appellate panel ruled, opining in part that the retroactive application of the EAESPA had already been considered and ruled on.