CAMDEN, N.J. — A reinsurer and former officers cannot dispute allegations that they knowingly failed to disclose that the reinsurer’s stated reserves did not align with historical data, lead securities class plaintiffs argue to a New Jersey federal court in an Oct. 26 brief opposing dismissal of their case (In re Maiden Holdings, Ltd. Securities Litigation, No. 19-05296, D. N.J.).
RALEIGH, N.C. — A federal judge in North Carolina on Oct. 21 denied class certification to residents of an assisted living facility who claim that the services the facility provides do not meet their needs, finding that individualized issues regarding injury predominate over common issues (William H. Bartels, et al. v. Saber Healthcare Group LLC, et al., No. 16-283, E.D. N.C., 2020 U.S. Dist. LEXIS 195281).
SAN DIEGO — A federal judge in California on Oct. 26 granted final approval of a more than $8.2 million settlement by Target Corp. in a class complaint over the retailer’s returned payment fees (RFPs) in connection with its store-branded “debit” cards but determined that the requested class counsel fees of nearly $2.5 million were “unreasonably high” and approved fees of just over $2 million (James Walters, et al. v. Target Corp., No. 16-1678, S.D. Calif., 2020 U.S. Dist. LEXIS 198765).
OAKLAND, Calif. — Uber Technologies Inc.’s use of passengers’ ratings to determine which drivers are deactivated discriminates against minority drivers as the company has already recognized that customer evaluations are often racially biased, one former driver alleges in his Oct. 26 class complaint filed in a federal court in California (Thomas Liu, et al. v. Uber Technologies, Inc., No. 20-7499, N.D. Calif.).
BROOKLYN, N.Y. — In an Oct. 21 ruling, a federal judge in New York directed a federal magistrate judge in New York to revisit her 2017 report and recommendation (R&R) that a motion to certify two proposed subclasses in a dispute over alleged wage violations by an Applebee’s restaurant franchisor should be granted (Carlos Marin, et al. v. Apple-Metro, Inc., et al., No. 12-5274, Shaunta Dove, et al. v. Apple-Metro, Inc., et al., No. 13-1417, E.D. N.Y., 2020 U.S. Dist. LEXIS 195258).
LOS ANGELES — A California federal judge on Oct. 20 refused to certify a class of cruise ship passengers who allege that operators of the ship Grand Princess failed to disclose that passengers exposed to COVID-19 on a prior voyage remained on board for the plaintiffs’ cruise. The judge held, among other things, that the class action waiver included in the passage contract was enforceable (Robert Archer, et al. v. Carnival Corp. PLC, et al., No. 20-04203, C.D. Calif.).
SAN FRANCISCO — A California federal judge on Oct. 19 denied a food company’s motion to deny class certification in a lawsuit alleging violations of California’s unfair competition law (UCL) and other consumer protection laws in connection with promises of its tuna being dolphin-safe and sustainably sourced, writing that the request, filed before the completion of discovery, is premature (Warren Gardner, et al. v. StarKist Co., No. 19-2561, N.D. Calif., 2020 U.S. Dist. LEXIS 194519).
WASHINGTON, D.C. — A Delaware company accused of violating the Telephone Consumer Protection Act by sending unwanted faxes filed a petition for a writ of certiorari on Oct. 13 in the U.S. Supreme Court seeking a ruling on whether the high court’s ruling in Bristol-Myers Squibb Co. v. Superior Court applies to out-of-state absent class members in class actions filed in federal court under a federal statute (IQVIA Inc. v. Florence Mussat, et al., No. 20-510, U.S. Sup.).
SAN FRANCISCO — Three Volkswagen salespeople who brought class employment and unfair competition law (UCL) claims alleging that their business was harmed by the car maker’s emissions scandal failed to show that Volkswagen is their employer, a federal judge in California ruled Oct. 21, opining that evidence of training is insufficient to establish Volkswagen’s status as the employer and dismissing the claims with prejudice (In re: Volkswagen “Clean Diesel” Marking, Sales Practices, and Products Liability Litigation, No. 15-md-2672, MDL No. 2672, N.D. Calif., 2020 U.S. Dist. LEXIS 195614).
CINCINNATI — The owner of real estate in downtown Cincinnati filed a class complaint on Oct. 13 in an Ohio court seeking monetary damages and equitable relief from 90 individuals from Kentucky and Ohio accused of damaging public and private property and looting during three nights of protests following the death of George Floyd (Court Street Executive Suites LLC v. Howard Froelicher IV, No. A 2203578, Ohio Comm. Pls., Hamilton Co.).
DENVER — A federal judge in Colorado on Oct. 15 issued orders selecting interim lead counsel for 10 consolidated class complaints accusing the owner of multiple ski resorts of breaching its contract with season passholders when it closed in mid-March due to the novel coronavirus outbreak and failed to issue refunds and denying a motion for protective order and correction action filed after the resort began offering passholders credits (Bernard Han v. Vail Resorts, Inc., No. 20-1121, D. Colo., 2020 U.S. Dist. LEXIS 190784, 2020 U.S. Dist. LEXIS 190785).
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 denied a petition for a writ of certiorari filed by two consumers suing over prescription pet food claims and seeking a decision on whether a federal court has subject matter jurisdiction over putative class state law claims concerning the perceived quality of the product and the resulting price (Anastasia Wullschleger, et al. v. Royal Canin U.S.A., Inc., et al., No. 20-152, U.S. Sup.).
SAN FRANCISCO — A federal judge in California on Oct. 12 entered final approval of an $18.5 million settlement for a nationwide class of borrowers who allege that they were denied loan modifications under the Home Affordable Modification Program (HAMP) by Wells Fargo Bank NA as a result of an algorithmic error in its software glitch in the lender’s software, finding that the terms of the settlement were fair and reasonable.
SAN FRANCISCO — A California federal judge on Oct. 14 declined to stay a preliminary injunction in a class complaint filed by two prisoners who allege that they and others have been wrongfully denied economic impact payment (EIP) benefits under the Coronavirus Aid, Relief and Economic Security (CARES) Act, certified a litigation class and partially granted the prisoners’ motion for summary judgment as to one claim under the Administrative Procedure Act (APA), writing that the U.S. Treasury Department and Internal Revenue Service (IRS) have not provided any reasons for excluding incarcerated individuals from receiving payments (Colin Scholl, et al. v. Steven Mnuchin, et al., No. 20-5309, N.D. Calif., 2020 U.S. Dist. LEXIS 191400).
SAN JOSE, Calif. — A federal judge in California on Oct. 13 granted Apple Inc.’s motion to dismiss a California unfair competition law (UCL) claim and other claims to the extent that they seek an injunction, restitution or other equitable relief, finding that plaintiffs failed to allege that they lack an adequate remedy at law in their class action complaint brought on behalf of purchasers of purportedly defective MacBook laptops with butterfly keyboards (In re MacBook Keyboard Litigation, No. 18-02813, N.D. Calif., 2020 U.S. Dist. LEXIS 190508).
FORT LAUDERDALE, Fla. — A federal judge in Florida on Oct. 1 granted final approval of a more than $2.8 million settlement to be paid by a cosmetic company to end claims that it sent out unwanted text messages but denied the lead plaintiff’s request for a service award in light of a recent 11th Circuit U.S. Court of Appeals ruling (Anita Jairam, et al. v. Colourpop Cosmetics, LLC, No. 19-62438, S.D. Fla., 2020 U.S. Dist. LEXIS 181656).
PEORIA, Ill. — A federal judge in Illinois on Oct. 8 partially granted a motion by a restaurant chain to dismiss or stay a class complaint over its collection of employees biometric data via its timekeeping system and staying proceedings pending arbitration, ruling that the agreement leaves to an arbitrator to decide the enforceability (Austin Kuznik, et al. v. Hooters of America, LLC, et al., No. 20-1255, C.D. Ill., 2020 U.S. Dist. LEXIS 186548).
HARTFORD, Conn. — A trial court didn’t err in a restaurant worker’s wage-and-hour class suit by declining to test the sufficiency of the worker’s legal theory or outlining what the class needed to prove to prevail before granting class certification, the Connecticut Supreme Court ruled Oct. 6 (Jacqueline Rodriguez v. Kaiaffa, LLC, et al., No. SC 20274, Conn. Sup., 2020 Conn. LEXIS 226).
WASHINGTON, D.C. — An arbitration clause containing no delegation of gateway questions to arbitrator means a court, not an arbitrator, decides arbitrability, Archer and White Sales Inc., a dental product company, argues in its respondent brief filed Oct. 13 in the U.S. Supreme Court, adding that incorporation of American Arbitration Association (AAA) rules doesn’t change anything (Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, U.S. Sup.).
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Oct. 13 granted the Texas Department of Criminal Justice’s (TDCJ) emergency motion to stay a permanent injunction that had been scheduled to take effect Oct. 14 following a district court’s findings in a class complaint that insufficient actions were taken to protect inmates housed in a Texas prison primarily for elderly individuals and those with health issues from the novel coronavirus (Laddy Curtis Valentine, et al. v. Bryan Collier, et al., No. 20-20525, 5th Cir., 2020 U.S. App. LEXIS 32325).