Mealey's Class Actions

  • July 20, 2021

    Kids’ Privacy Suit Against YouTube, Google Again Deemed Preempted By COPPA

    SAN JOSE, Calif. — Six months after she dismissed a putative class action over the purported collection of children’s personally identifiable information (PII) by YouTube LLC and Google LLC, a California federal judge on July 1 granted dismissal of an amended complaint, finding, as in the previous ruling, the minor plaintiffs’ claims to be preempted by the Children’s Online Privacy Protection Act (COPPA.)

  • July 19, 2021

    Florida Condo Collapse Cases Consolidated In 2 Tracks; Lead Counsel Appointed

    MIAMI — A judge in Florida on July 16 consolidated the cases related to the June 24 partial collapse of a Surfside, Fla., condominium high-rise and appointed a chair lead counsel, as well as counsel to lead the two tracks, one for personal injury and wrongful death and the other for economic loss and property damage.

  • July 19, 2021

    9th Circuit Appeal Of $650 Million Facebook Biometric Settlement May Proceed

    SAN FRANCISCO — The named plaintiffs in a privacy lawsuit over Facebook Inc.’s “Tag Suggestions” feature saw their attempt to dispose of an appeal of the $650 million settlement of the consolidated class action fail on July 14, when a Ninth Circuit U.S. Court of Appeals panel denied their motion to summarily affirm a trial court’s approval of the settlement.

  • July 16, 2021

    UCLA $73 Million Sex Abuse Settlement Granted Final Approval

    LOS ANGELES — A federal judge in California on July 12 granted final approval of a $73 million settlement in a class complaint in which former patients of a University of California, Los Angeles (UCLA) gynecologist sued the regents of the school and the doctor in a federal court in California alleging years of sexual exploitation.

  • July 15, 2021

    Pfizer Agrees To $345M Settlement Of Consumer, Third-Party EpiPen Claims

    KANSAS CITY, Kan. — Pfizer Inc. and two related defendants have agreed to a $345 million class settlement of claims by consumers and third-party payers that they overpriced the EpiPen epinephrine autoinjector and engaged in anti-competitive behavior, according to a settlement agreement and approval motion filed July 14 in Kansas federal court.

  • July 15, 2021

    Class Action Law Expert Can Opine On Value Of Certification, Judge Says

    ANCHORAGE, Alaska — A woman proposing a class action lawsuit against a clothing company failed in her efforts to stop a law professor retained as an expert witness by the company from testifying after an Alaska federal judge on July 13 denied her motion to exclude,

  • July 15, 2021

    Edward Jones Will Pay $34M To End Class Claims Of Racial Discrimination

    CHICAGO — A federal judge in Illinois on July 12 granted final approval of a $34 million class settlement to be paid by Edward D. Jones & Co. L.P. to end claims that it segregated its workforce and denied African Americans income and advancement opportunities.

  • July 14, 2021

    11th Circuit En Banc Rehearing Sought In Drywall Class Counsel Award

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel ruling affirming an award of 45% of their attorney fees to global settlement class counsel is contrary to U.S. Supreme Court decisions and circuit precedent, individual counsel who negotiated private settlements in fractured multidistrict litigation against Chinese drywall manufacturers argue in a June 30 petition for rehearing and rehearing en banc.

  • July 14, 2021

    Florida Couple Files Class Suit Against Amazon Over Internet Share Devices

    SEATTLE — Amazon is building a national wireless network via its devices equipped with technology to share the internet but is doing it in a way that forces consumers to pay for the service and places their data at risk, all in violation of Washington state law, a Florida couple alleges in their class complaint filed July 8 in a federal court in Washington.

  • July 14, 2021

    Class Suit Accuses Amazon Of Price Gouging During Coronavirus Pandemic

    SEATTLE — Three California residents filed a class complaint on July 2 in a federal court in Washington accusing Amazon.com Inc. of increasing prices by more than 1,000% on items highly sought after during the early days of the coronavirus pandemic such a face masks, toilet paper and cold remedies in violation of Washington state law.

  • July 14, 2021

    6th Circuit: Nonsettling Parties Lack Standing To Challenge Class Agreement

    CINCINNATI — A couple who intervened in a class suit over Ohio’s services for individuals with disabilities and were not part of a settlement agreement reached in the case lacked standing to challenge the agreement as they maintained their right to litigate their claims, a Sixth Circuit U.S. Court of Appeals panel ruled June 30.

  • July 14, 2021

    Fairness Of $641.25M Flint Settlement Debated At Hearing; Resident Alleges Racism

    FLINT, Mich. — During two days of hearings on the proposed $641.25 million class settlement in the Flint water crisis, attorneys debated the fairness of the agreement and the safety of bone lead scans.  On July 13, one Flint resident testified to the judge presiding over the litigation that the deal “borders on racism” because of the small amount of money it would allocate to each claimant.

  • July 14, 2021

    Neighbors Of Collapsed Florida Condo Building Sue, Move For Co-Counsel

    MIAMI — One resident of a Surfside, Fla., condominium high-rise that partially collapsed on June 24 and five residents of two neighboring buildings filed a putative class complaint on July 12 in a Florida court against the condo associations of all three buildings, alleging that each tower suffers from similar structural defects and deterioration due to decades of negligence and mismanagement and seeking economic damages and declaratory or injunctive relief; on the same day, those residents filed a motion in the first complaint that was filed after the collapse for appointment of their counsel as co-lead counsel for a class economic/property damage track.

  • July 14, 2021

    Yale Granted Dismissal Of Class Suit Seeking Partial Refunds For Pandemic Closure

    NEW HAVEN, Conn. — A Yale University student who filed a putative class complaint accusing the school of various violations for failing to issue partial refunds after in-person education was halted in March 2020 due to the coronavirus pandemic failed to show that the school made any promise of in-person learning, a federal judge in Connecticut ruled July 7.

  • July 13, 2021

    1st Circuit:  Agreement’s Silence Dooms Right To Class Arbitration

    BOSTON — A trial court did not err in granting a preliminary injunction to an au pair agency seeking to halt an au pair’s attempt to proceed with class arbitration as the employment contract between the two made no mention of class arbitration, a First Circuit U.S. Court of Appeals panel ruled July 9.

  • July 13, 2021

    Class Suit Accuses Volkswagen, Audi Of Failing To Safeguard Buyers’ Personal Data

    NEWARK, N.J. — A class complaint filed July 8 in a New Jersey federal court accuses two car makers and a marketing company of failing to protect the personal information of more than 3 million buyers and prospective buyers from a data breach.

  • July 13, 2021

    8th Circuit Voids Remand Of Property Owners’ Suit Over Radioactive Waste In Landfill

    ST. LOUIS — Property owners’ allegations that all of the defendants in a proposed class action over the mishandling of radioactive waste in a landfill engaged in the same conduct were not specific enough to trigger the Class Action Fairness Act’s (CAFA) local controversy exception, the Eighth Circuit U.S. Court of Appeals held July 8.  Accordingly, it reversed a lower court’s order remanding the action to state court.

  • July 13, 2021

    $13M Settlement Approved In University Of Pennsylvania Pension Plan Fees Suit

    PHILADELPHIA — A federal judge in Pennsylvania on June 29 granted preliminary approval of a $13 million settlement in a class action lawsuit in which participants in University of Pennsylvania’s 403(b) defined contribution pension benefits plans accused the university and the investment committee of causing the plans to pay unreasonable record-keeping and administrative fees and to maintain high-cost and underperforming investment options in violation of the Employee Retirement Income Security Act.

  • July 13, 2021

    Columbia University’s $13M Settlement Of ERISA Retirement Plan Dispute Approved

    NEW YORK — A $13 million class action settlement between Columbia University trustees and participants in two 403(b) plans relating to the participants’ claims that the trustees violated Employee Retirement Income Security Act by paying unreasonable record-keeping and administrative fees and by maintaining high-cost and underperforming investment options received preliminary approval by a federal judge in New York on June 29.

  • July 12, 2021

    Catholic University, Howard Class Suits Over Pandemic Closures To Proceed

    WASHINGTON, D.C. — In a July 9 opinion, a federal judge in the District of Columbia ruled on dismissal motions in two related putative class complaints against universities over the cancellation of in-person instruction in March 2020 due to the coronavirus pandemic, allowing the breach of contract and unjust enrichment claims to proceed due to plausibly stating claims but dismissing a conversion claim brought against one of the schools.

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