Mealey's Class Actions

  • October 06, 2020

    U.S. High Court Declines Petition Seeking Ruling On Class Arbitration

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 denied a petition for a writ of certiorari filed by an employer asking the high court justices to decide "whether an arbitrator may compel class arbitration—binding the parties and absent class members—without finding actual consent" (Sterling Jewelers Inc. v. Laryssa Jock, et al., No. 19-1382, U.S. Sup.).

  • October 05, 2020

    U.S. High Court Denies Writ In Minor League Baseball Wage Class Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 denied a petition for a writ of certiorari filed by minor league baseball teams that asked the justices to take up two questions concerning the necessary cohesiveness for class certification and the use of statistical surveys (Kansas City Royals Baseball Corp., et al. v. Aaron Senne, et al., No.19-1339, U.S. Sup.).

  • October 05, 2020

    Federal Judge Agrees To Modify Subclasses In Tipped Workers' Pay Suit

    CHICAGO — A federal judge in Illinois on Oct. 1 partially granted a decertification motion by a restaurant and its managers and modified three subclasses in a collective and class wage-and-hour complaint, but declined to completely decertify one of the subclasses as the defendants had requested, writing that a common question still predominates (Jessica Berger, et al. v. Howard Cortes, et al., No. 14-8543, N.D. Ill., 2020 U.S. Dist. LEXIS 182095).

  • October 02, 2020

    Split 9th Circuit Finds Class' Claims Over Escrow Interest Payments Preempted

    SAN FRANCISCO — A 2-1 panel of the Ninth Circuit U.S. Court of Appeals on Sept. 22 reversed a federal judge in California's ruling denying dismissal of a class action lawsuit accusing JP Morgan Chase Bank NA (Chase) of violating California law after finding that the plaintiffs' claims are preempted by the Home Owners Loan Act of 1933 (HOLA) (Susan McShannock, et al. v. JP Morgan Chase Bank NA, No. 19-15899, 9th Cir., 2020 U.S. App. LEXIS 30234).

  • October 01, 2020

    Judge: Travel Insurer Needs To Make Insured Whole For 'Total Original Airfare Cost'

    CHICAGO — A federal judge in Illinois on Sept. 29 held that an insured has not been made whole for the actual cash value of her roundtrip flight to Miami from where her cruise was scheduled to depart before it was canceled due to the novel coronavirus, partially denying a travel insurer's motion to dismiss her putative class action lawsuit in finding that the policy "requires full reimbursement in the event of a trip cancellation occasioned by illness or quarantine, either of which plausibly applies" (Christine V. Dowding v. Nationwide Mutual Insurance Company, No. 20-4118, N.D. Ill., 2020 U.S. Dist. LEXIS 179207).

  • September 30, 2020

    16 Settlements In Children's Gaming App Privacy Class Actions Preliminarily OK'd

    SAN FRANCISCO — A California federal judge on Sept. 24 granted preliminary approval to 16 settlements that resolve three related class actions against the Walt Disney Co., ViacomCBS Inc. and other companies involved with the creation of video game apps targeted to kids, finding that the proposed privacy protections and business practices stipulated within the settlements will have a positive impact on the entire video game industry related to children's privacy (Michael McDonald, et al. v. Kiloo A/S, et al., No. 17-4344, N.D. Calif.; Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 17-4419, N.D. Calif.; Amanda Rushing, et al. v. ViacomCBS Inc., et al., No. 17-4492, N.D. Calif., 2020 U.S. Dist. LEXIS 175865).

  • September 30, 2020

    Arbitration Compelled, Dismissal Granted In Baseball Tickets Class Suit

    LOS ANGELES — A federal judge in California on Sept. 14 issued three separate orders granting motions to compel arbitration and to dismiss portions of a putative class complaint seeking refunds from ticket merchants for tickets already purchased for 2020 Major League Baseball (MLB) games when the season was postponed due to the novel coronavirus (Matthew Ajzenman, et al. v. Office of the Commissioner of Baseball, et al., No. 20-3643, C.D. Calif.).

  • September 29, 2020

    11th Circuit Reinstates Part Of Class Suit Over Ritz-Carlton's Automatic Tips

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Sept. 29 reinstated claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) by a Ritz-Carlton Hotel Co. LLC guest who alleges that he and others were automatically charged gratuities at 49 different restaurants, finding that the guest and his proposed class "had the same interest and suffered the same injury" and that a trial court erred in determining that the plaintiff, because he dined at only three of the restaurants, lacked standing to represent the class (Michael Fox v. The Ritz-Carlton Hotel Company, L.L.C., No. 19-10361, 11th Cir.).

  • September 29, 2020

    Consumer Class Certified In Dispute Over Recyclability Of Keurig Coffee Pods

    OAKLAND, Calif. — A federal judge in California on Sept. 21 certified a class of consumers who purchase coffee pods for use with Keurig Green Mountain Inc.'s coffee makers and accuse the company of violating California's unfair competition law (UCL) and other state laws by marketing its K-Cups as recyclable even though less than 60 percent of recycling facilities will accept the product and their size prevents them from being properly sorted by recycling programs (Kathleen Smith v. Keurig Green Mountain, Inc., No. 18-6690, N.D. Calif., 2020 U.S. Dist. LEXIS 172826).

  • September 29, 2020

    Catholic University Asks For Dismissal Of Class Suit Over Coronavirus Closure

    WASHINGTON, D.C. — The Catholic University of America filed a motion on Sept. 18 asking a federal court in the District of Columbia to dismiss a student's putative class complaint over the school's transition to online learning in March due to the novel coronavirus, arguing that there was no breach of contract because tuition and fees are nonrefundable and the school has the discretion to change its programs when necessary (Daniella Montesano, et al. v. The Catholic University of America, No. 20-1496, D. D.C.).

  • September 29, 2020

    Class Certification Upheld In Towing Companies' Suit Over Louisiana Fines

    BATON ROUGE, La. — A Louisiana appellate panel on Sept. 21 affirmed class certification in a lawsuit by two towing companies seeking reimbursement of fines paid under a state provision that has since been deemed unconstitutional and denied an exception of prescription filed by the Louisiana Department of Public Safety and Corrections Office of State Police, finding that a 30-day filing deadline cited by the Office of State Police is not applicable (Mid-City Automotive, L.L.C. v. Louisiana, The Department of Public Safety and Corrections, Office of State Police, Nos. 2019 CA 1429 and 2019 CW 1552, La. App., 1st Cir., 2020 La. App. LEXIS 1356).

  • September 29, 2020

    Judge Keeps CVS Infant Fever Medicine Class Suit In Federal Court

    SAN FRANCISCO — A pharmacy chain accused in a putative class complaint of violating California laws, including the unfair competition law (UCL), charging more for fever and pain medicine labeled for infants than the same product labeled for children, showed that the amount in controversy exceeds the Class Action Fairness Act's (CAFA) $5 million threshold, a federal magistrate judge in California ruled Sept. 17 (Danielle Lokey v. CVS Pharmacy, Inc., No. 20-4782, N.D. Calif., 2020 U.S. Dist. LEXIS 170690).

  • September 29, 2020

    Florida Federal Judge: CAFA Jurisdiction Not Defeated By Class Denial

    TAMPA, Fla. — A denial of class certification in a lawsuit accusing a hospital of overcharging patients doesn't defeat Class Action Fairness Act (CAFA) jurisdiction, a federal judge in Florida ruled Sept. 28, denying the named plaintiff's motion to send his complaint back to state court and determining that his attempt to argue two exceptions under CAFA came more than a year too late (David Day v. Sarasota Doctors Hospital Inc., No. 19-1522, M.D. Fla., 2020 U.S. Dist. LEXIS 177858).

  • September 29, 2020

    Award Allowing Class Arbitration Upheld In Jail Money Transfers Dispute

    MIAMI — A federal judge in Florida on Sept. 28 denied a company's application to partially vacate an arbitration award permitting class arbitration in a dispute over the company's money transfer services, ruling that there was no showing that the arbitrators exceeded their power (JPay, Inc. v. Cynthia Kobel, et al., No. 16-20121, S.D. Fla., 2020 U.S. Dist. LEXIS 177784).

  • September 29, 2020

    California Federal Judge Preliminarily Approves Website Access Class Settlement

    SACRAMENTO, Calif. — A federal judge in California on Sept. 16 granted preliminary approval of a class settlement in a case over website access that will require a juice and wellness company to improve the accessibility of its website for visually impaired consumers, maintain proper compliance going forward and pay attorney fees and an enhancement award to the named plaintiff but requested further evidence of the two requested payments prior to final approval (Valerie Brooks, et al. v. Pressed Juicery, Inc., et al., No. 19-1687, E.D. Calif., 2020 U.S. Dist. LEXIS 169845).

  • September 29, 2020

    6th Circuit Reverses Certification Of Negotiation Class In Opioid MDL

    CINCINNATI — In a 2-1 ruling, the Sixth Circuit U.S. Court of Appeals on Sept. 24 reversed certification of a novel negotiation class in the opioid multidistrict litigation, saying such a class is "simply not authorized by the structure, framework, or language of" Federal Rule of Civil Procedure 23 (In Re:  National Prescription Opiate Litigation, Nos. 19-2097 and 19-4099, 6th Cir., 2020 U.S. App. LEXIS 30514).

  • September 29, 2020

    Defendants In Weinstein Class Suit Oppose Final Judgment Requests For Appeal

    NEW YORK — Some of the alleged sexual assault victims who brought a class complaint against Harvey Weinstein, his company and others can't now move for entry of final judgment more than 17 months after all but one claim against Weinstein himself were dismissed because there has been no showing that juridical administration or efficiency would be served, the defendants argue in a memorandum of law opposing two motions by some of the plaintiffs filed Sept. 25 in a New York federal court (Louisette Geiss, et al. v. The Weinstein Company Holdings, LLC, et al., No. 17-9554, S.D. N.Y.).

  • September 29, 2020

    University Of Iowa Hit With Class Suit After Eliminating Women's Swim Team

    DES MOINES, Iowa — A class complaint filed Sept. 25 in an Iowa federal court accuses the University of Iowa (UI) of violating Title IX of the Education Amendments by suddenly announcing in August that the women's swimming and diving team would be terminated effective in the 2021-2022 academic year due to financial issues caused by the novel coronavirus pandemic (Sage Ohlensehlen, et al. v. The University of Iowa, No. 20-80, S.D. Iowa).

  • September 28, 2020

    ACA Lactation Coverage Class Can't Secure Certification

    CHICAGO — Women allegedly denied coverage for lactation services mandated by the Patient Protection and Affordable Care Act (ACA) fail to adequately allege that their insurer had an actual policy of denying the claims or imposing cost-sharing, a federal judge in Illinois said Sept. 24 in declining to certify the class (Laura Briscoe, et al. v. Health Care Service Corporation, et al., No. 1:16-cv-10294, N.D. Ill., 2020 U.S. Dist. LEXIS 175618).

  • September 28, 2020

    ICE Detainees Seeking Release Due To Coronavirus Denied Class Certification

    HARRISBURG, Pa. — A Pennsylvania federal judge on Sept. 24 declined to certify a class of U.S. Immigration and Customs Enforcement (ICE) detainees seeking release from Pennsylvania facilities due to the novel coronavirus, which causes COVID-19, finding that the detainees all have different circumstances that must be individually considered (Bharatkumar G. Thakker, et al. v. Clair Doll, et al., No. 20-480, M.D. Pa., 2020 U.S. Dist. LEXIS 176024).

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