CINCINNATI — A divided Sixth Circuit U.S. Court of Appeals panel on July 6 affirmed a summary judgment ruling for those managing Hepatitis C Virus (HCV) treatment in Kentucky prisons who were accused by prisoners in a class complaint of treating their medical needs with deliberate indifference, finding that adequate treatment was shown.
NEW YORK — Shareholders in a hydraulic fracturing company on July 8 filed a second amended class action complaint in New York federal court contending that the company’s officers violated federal securities laws by “knowingly, or at least recklessly” making false and misleading statements to investors.
WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on July 6 dismissed appeals by District of Columbia Department of Corrections (DOC) officials challenging a trial court’s preliminary injunction in a putative class complaint by prisoners who allege a failed response to the coronavirus pandemic, opining that the preliminary injunction expired and that challenges to the order imposing it are moot.
MIAMI — Donald J. Trump filed three putative class actions on July 7, accusing Facebook Inc., Twitter Inc. and YouTube Inc. of violating the First Amendment to the U.S. Constitution by deleting his accounts on their respective online platforms, asking a Florida federal court to order restoration of the ex-president’s accounts and to declare Section 230 of the Communications Decency Act (CDA) unconstitutional.
MIAMI — The parents of a man who died when a 12-story condominium building in Surfside, Fla., partially collapsed in the early morning hours of June 24 filed a complaint on July 2 in a Florida court bringing putative class claims for negligence and breach of contract as well as a claim for wrongful death against the building’s condominium association.
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals “ignored recent Supreme Court precedent governing standing, misapplied the standards governing class certification, and split with two other circuits’ interpretations of ERISA’s prohibited-transactions provisions,” a health insurer and its subcontractor argue in a July 6 petition for panel rehearing or rehearing en banc after most of a North Carolina federal court’s summary judgment on an Employee Retirement Income Security Act case was overturned and its denial of class certification vacated in a decision that was largely in favor of plan participants.
MIAMI — The owner of a Surfside, Fla., condominium that was destroyed in a June 24 collapse that killed at least 60 people filed a class action in a Florida court on July 7 against the condominium association and its insurers, seeking a declaratory judgment as to the parties’ rights and obligations under the policies for the property owners’ losses arising from the collapse.
SAN DIEGO — A federal judge in California on July 2 conditionally approved a proposed $780,000 settlement of a class action accusing The Kroger Co. of violating state laws including California’s unfair competition law (UCL) by labeling breadcrumb products with “0g Trans Fat” while they were made with partially hydrogenated oil (PHO), writing that the proposal was fair but asking the parties to revise their notice plan, which proposed using Facebook as the primary method to notify class members.
EAST ST. LOUIS, Ill. — A federal judge in Illinois on June 29 partially granted a motion to stay a putative class complaint accusing a senior living provider of violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ data without proper notices or consent, finding that the rulings in two states cases and one federal case will likely impact this one.
BATON ROUGE, La. — Students who are female presenting and/or LQBTQ+ identifying individuals filed an amended class complaint in a federal court in Louisiana on June 25 accusing Louisiana State University (LSU) and its officials of failing to properly respond to and investigate students’ claims of sex-based discrimination and sexual misconduct, especially those incidents involving student-athletes and coaches in an effort to continue “glorifying” those individuals.
NEWARK, N.J. — A federal judge in New Jersey on June 25 dismissed several state claims and the only federal claim, a Magnuson-Moss Warranty Act (MMWA) one, in a putative class complaint accusing car makers of knowingly selling certain Volkswagen and Audi vehicles with defective timing chain systems, opining in part that the Class Action Fairness Act (CAFA) did not modify MMWA’s requirement for 100 named plaintiffs.
OAKLAND, Calif. — A sandwich franchisor has violated California’s unfair competition law (UCL) and other state laws by labeling its tuna salad, sandwiches and wraps as “100% tuna” while failing to prevent adulteration in its supply chain or honor its representation that it has “a global ban on the sale of tuna species that come from anything less than healthy stocks,” two California consumers allege in an amended class complaint filed June 7 in a California federal court.
ATLANTA — It was not an abuse of discretion to award 45% of attorney fees obtained by individual counsel who negotiated private settlements in fractured multidistrict litigation against Chinese drywall manufacturers to the global settlement class counsel as common benefit costs and fees, the 11th Circuit U.S. Court of Appeals ruled June 9, affirming the judgment of a federal judge in Florida.
WILMINGTON, Del. — Plaintiffs who purport to represent a class in litigation against Monsanto Co. in Missouri related to injuries allegedly caused by glyphosate, the active ingredient in the herbicide Roundup, on June 28 filed a brief in Delaware federal court arguing that they should be permitted to intervene in the Delaware lawsuit because their interests would be “substantially impaired” by a proposed settlement and injunction in the Delaware litigation.
MIAMI — In a putative class complaint filed June 28 accusing a condominium association at a Surfside, Fla., building that partially collapsed on June 24 of negligence and breach of contract, a condo owner asks that the Miami-Dade County, Fla., Circuit Court coordinate all the litigation and discovery that will ensue as “there are, and will be, many more victims of this terrible disaster and any and all insurance proceeds need to be gathered and shared by the proposed class appropriately and equitably” and appoint her counsel as interim lead counsel.
FRESNO, Calif. — Following the Ninth Circuit U.S. Court of Appeals’ ruling in Briseno v. Henderson, a federal magistrate judge in California on June 24 issued amended findings and recommendations modifying attorney fees and a class representative enhancement payment in a seasonal workers’ wage-and-hour settlement up for final approval.
BOSTON — A federal judge in Massachusetts on June 23 in a single decision declined to dismiss two putative class complaints by students of Suffolk University and a parent of a student accusing the school of breach of contract and unjust enrichment after it closed its campus in March 2020 and transitioned to online classes due to the coronavirus pandemic, opining in part that dismissal would be premature.
MIAMI — A resident of a Surfside, Fla., condominium high-rise that partially collapsed June 24 filed a class complaint that day in a Florida court accusing the condo association of failing to address known structural issues and seeking damages in excess of $5 million.
FRESNO, Calif. — Five absent class members who were previously issued subpoenas and failed to appear for depositions in a lawsuit over wages for agricultural workers must appear for depositions or face preclusion of their declarations in support of class certification, a federal magistrate judge in California ruled June 22, declining the employers’ request to strike the declarations of all absent class members.
WASHINGTON, D.C. — Out of a class of more than 8,000 individuals who were awarded in excess of $40 million in a Fair Credit Reporting Act (FCRA) lawsuit for a credit bureau’s incorrect placement of terrorist alerts on their credit reports, only those individuals with concrete harm have standing under Article III of the U.S. Constitution to seek damages as “an injury in law is not an injury in fact,” the U.S. Supreme Court ruled June 25 in a 5-4 opinion.