Mealey's Class Actions

  • September 28, 2020

    Injunction, Certification Granted In Prisoners' Suit Seeking CARES Act Payments

    SAN FRANCISCO — A federal judge in California on Sept. 24 granted a motion for preliminary injunction and class certification 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 (Colin Scholl, et al. v. Steven Mnuchin, et al., No. 20-5309, N.D. Calif., 2020 U.S. Dist. LEXIS 176870).

  • September 28, 2020

    3rd Circuit:  Man Who Failed To Read Loan Contract Cannot Raise Equitable Tolling

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals on Sept. 24 affirmed the dismissal of a borrower's class action lawsuit accusing his mortgage lender of violating the Truth in Lending Act (TILA) as untimely, holding that he could not raise the doctrine of equitable tolling because he did not read the loan contract and failed to sufficiently allege that the lender misled him (Paul Aversano v. Santander Bank N.A., No. 19-2868, 3rd Cir., 2020 U.S. App. LEXIS 30479).

  • September 26, 2020

    Breach Of Contract Claim Cut From Texas Class Action Over Convenience Fees

    CORPUS CHRISTI, Texas — A federal judge in Texas on Sept. 10 granted in part a loan servicer's motion to dismiss a class action brought on behalf of Texas mortgage holders who complain that a convenience fee the servicer charges for payments made over the phone and online violates the Texas Debt Collection Practices Act (TDCPA), finding that the plaintiffs sufficiently state a claim for violating the act but that the charging of the fee did not breach the deed of trust (Sandi Barnett, et al. v. Caliber Home Loans Inc., No. 19-309, S.D. Texas, 2020 U.S. Dist. LEXIS 168171).

  • September 26, 2020

    Woman's State Law Claims Over Loan Servicer's Fees Survive Dismissal

    MIAMI — A federal judge in Florida on Aug. 28 denied a loan servicer's motion to dismiss claims in a woman's class action lawsuit accusing it of violating the Florida Consumer Collection Practices Act (FCCPA) and Florida Deceptive and Unfair Trade Practices Act (FDUTPA), finding that statutes apply to the loan servicer's charging of convenience fees for making monthly payments over the phone and online (Donna Alvarez v. LoanCare LLC, No. 20-21837, S.D. Fla., 2020 U.S. Dist. LEXIS 169692).

  • September 25, 2020

    Insurer, Lactation Class Launch Appeals After Partial Class Certification Victory

    SAN FRANCISCO — A group of women who claim that their insurer improperly denied coverage for lactation services under the Patient Protection and Affordable Care Act (ACA) filed a notice of appeal Sept. 23 challenging the partial denial of class certification after the parties stipulated to a judgment in light of the Ninth Circuit U.S. Circuit Court of Appeals' denial of interlocutory appeal.  The insurer filed its own notice of appeal on Sept. 18 (Rachel Condry, et al. v. UnitedHealth Group Inc., et al., No. 20-16823, 9th Cir.)

  • September 24, 2020

    3 Classes Certified In Fiduciary Duty Suit Against Home Depot 401(k) Plan

    ATLANTA — A federal judge in Georgia on Sept. 21 certified three classes of participants and beneficiaries of The Home Depot's 401(k) retirement plan in a lawsuit alleging unreasonable fees and failure to stop a kickback scheme and, in the same order, denied motions for summary judgment as to counts related to the fees and alleged scheme due to genuine issues of material fact (Jamie H. Pizarro, et al. v. The Home Depot, Inc., et al., No. 18-1566, N.D. Ga.).

  • September 24, 2020

    Federal Agencies Seek Dismissal From Journalists' Portland Class Suit

    PORTLAND, Ore. — Journalists and legal observers who claim that they have been targeted by police and federal agents while covering protests in Portland, Ore., have failed to plausibly allege any violation of their constitutional rights or risk of future harm, the U.S. Department of Homeland Security (DHS) and the U.S. Marshals Service (USMS) argue in a motion filed Sept. 21 in a federal court in Oregon seeking dismissal and a stay pending resolution of the motion (Index Newspapers, LLC, et al. v. City of Portland, et al., No. 20-1035, D. Ore.).

  • September 24, 2020

    Judge:  Insureds Have Alleged 'Direct Physical Loss' In Coronavirus Coverage Suit

    KANSAS CITY, Mo. — A federal judge in Missouri on Sept. 21 held that dental care clinic insureds have sufficiently alleged a "direct physical loss" under their businessowners insurance policy and a partial suspension of their business operations, denying the insurer's motion to dismiss the insureds' class action seeking coverage for their losses incurred due to the novel coronavirus pandemic (Blue Springs Dental Care, LLC, et al. v. Owners Insurance Company, 20-00383, W.D. Mo., 2020 U.S. Dist. LEXIS 172639).

  • September 24, 2020

    Voiceprint Biometric Suit Against Amazon Dismissed For Lack Of Jurisdiction

    EAST ST. LOUIS, Ill. — Finding no evidence that Amazon Web Services Inc. and its voiceprinting service provider purposefully directed any actions at residents of Illinois, an Illinois federal judge on Sept. 18 granted the defendants' motion to dismiss punitive class claims against them under Illinois' Biometric Information Privacy Act (BIPA) for lack of personal jurisdiction (Christine McGoveran, et al. v. Amazon Web Services Inc., et al., No. 20-31, S.D. Ill., 2020 U.S. Dist. LEXIS 170891).

  • September 23, 2020

    Federal Judge Tosses 6 Class Cases Seeking PPP Agent Fees

    NEW YORK — A federal judge in New York on Sept. 21 issued an opinion and order dismissing six putative class complaints by accountants and accounting firms accusing various banks of failing to comply with the Coronavirus Aid, Relief and Economic Security (CARES) Act and pay them fees for acting as agents assisting small businesses with their applications for loans under the Paycheck Protection Program (PPP) (Robin Johnson, et al. v. JPMorgan Chase Bank, N.A., No. 20-4100, James Quinn, et al. v. Signature Bank, et al., No. 2-4144, Fahmia, Inc., et al. v. MUFG Americas Holding Co., et al., No. 20-4145, Fahmia, Inc. v. Citibank, N.A., et al., No. 20-4146, Robin Johnson, et al. v. JPMorgan Chase Bank, N.A., No. 20-4858, Tax Divas, LLC, et al. v. J.P. Morgan Chase Bank, No. 20-5311, S.D. N.Y., 2020 U.S. Dist. LEXIS 172421).

  • September 23, 2020

    Employee's Biometric Privacy Claim Not Preempted By Workers' Comp Law, Panel Says

    CHICAGO — Affirming a trial court's decision, an Illinois appeals panel on Sept. 18 found that a woman's claim against her former employer under the Biometric Information Privacy Act (BIPA) is not precluded by the exclusivity provisions in a state workers' compensation law because the biometric privacy claim is not compensable under the latter law (Marquita McDonald v. Symphony Bronzeville Park LLC, et al., No. 2017 CH 11311, Ill. App. 1st Dist., 2020 Ill. App. LEXIS 627).

  • September 23, 2020

    Twitter Accused Of Telecommunications Crime For Sharing Users' Phone Numbers

    SEATTLE — A Twitter user filed a putative class complaint against the social network operator in Washington federal court on Sept. 21, alleging that Twitter Inc. violated state telecommunications law and the privacy rights of herself and other Washington residents by sharing account holders' phone numbers and other personal information with third-party advertisers (Darlin Gray v. Twitter Inc., No. 20-1389, W.D. Wash.).

  • September 22, 2020

    Most Class Claims Against Capital One, Amazon Over Data Breach Survive Dismissal

    ALEXANDRIA, Va. — In a detailed Sept. 18 ruling, a Virginia federal judge partly denied motions by Capital One Financial Corp. and Inc. over a 2019 data breach, allowing unjust enrichment, negligence and breach of contract claims to proceed in part or in full against the credit card issuer and its cloud services provider under the laws of the six states of the representative plaintiffs in the consolidated putative class action (In re Capital One Customer Data Security Breach Litigation, No. 1:19-md-02915, E.D. Va.).

  • September 22, 2020

    Split 2nd Circuit Rejects Statistics For Proving Disparate Impact In Bias Suit

    NEW YORK — The use of national statistics showing that African Americans are more likely to be arrested and incarcerated than whites doesn't carry over and prove that African-American job applicants are disproportionately affected by a company's alleged policy to not hire individuals with certain criminal convictions, a split Second Circuit U.S. Court of Appeals panel held Sept. 21 in a putative class suit (George Mandala, et al. v. NTT Data, Inc., No. 19-2308, 2nd Cir., 2020 U.S. App. LEXIS 29985).

  • September 22, 2020

    Nevada Supreme Court Denies Arbitration Of Wage Claims By Dancer Class

    CARSON CITY, Nev. — A Reno, Nev., adult entertainment club's licensing agreement with dancers working as independent contractors was procedurally unconscionable, and its "one-sided" nature rendered it substantively unconscionable, the Nevada Supreme Court ruled Sept. 17, affirming an order denying arbitration of wage claims brought by a putative class of dancers and noting that a challenge of the court's authority to decide arbitrability was raised too late (FQ Men's Club, Inc., et al. v. Jane Doe Dancers I, II and III, et al., No. 79265, Nev. Sup., 2020 Nev. Unpub. LEXIS 864).

  • September 22, 2020

    Judge Rules Ecuadorean Law Governs Banana Plantation Workers' Injury Lawsuit

    WILMINGTON, Del. — A federal judge in Delaware on Sept. 18 ruled that other than claims of negligence, the allegations brought by banana plantation workers in their injury class action against Dole Food Co. Inc. are governed by Ecuadorean law (Luis Antonio Aguilar Marquinez, et al. v. Dole Food Company Inc., et al., No. 12-695, D. Del.).

  • September 21, 2020

    Bankruptcy Filings Stay Class Suit Over Fees Charged During Closure Of Gyms

    BOSTON — A federal judge in Massachusetts on Sept. 16 stayed one of a number of putative class complaints accusing the operators of a chain of sports clubs of profiting off of the novel coronavirus by continuing to charge membership fees while its gyms were closed and staff were furloughed or terminated based on petitions for bankruptcy filed by Town Sports International LLC and Town Sports International Holdings Inc., doing business as Boston Sports Clubs (collectively, Town Sports) (Paul DelVecchio, et al. v. Town Sports International, LLC, et al., No. 20-10666, D. Mass.).

  • September 21, 2020

    Corrected Motion To Stay Denied As Moot In Taekwondo Class Sex Abuse Case

    DENVER — A federal judge in Colorado on Sept. 17 in a docket entry denied as moot a corrected motion to stay a putative class complaint by certain Team USA's Olympic taekwondo athletes who have alleged more than two decades of sexual abuse, exploitation and trafficking and directed one of the defendants, if needed, to file a motion for reconsideration of the Sept. 16 docket entry order granting a motion to stay (Heidi Gilbert, et al. v. USA Taekwondo, Inc., et al., No. 18-981, D. Colo.).

  • September 18, 2020

    Goldman Sachs Seeks High Court Review Of Securities Class Certification Ruling

    WASHINGTON, D.C. — In what they are calling "the most important securities case to come before the U.S. Supreme Court since its 2014 ruling in Halliburton Co. v. Eric P. John Fund Inc. (Halliburton II), Goldman Sachs Group Inc. and three of its senior executives asked the Supreme Court on Aug. 21 to review a divided Second Circuit U.S. Court of Appeals panel's ruling upholding a federal district court's application of the inflation-maintenance theory for demonstrating price impact in granting class certification in a securities class action (Goldman Sachs Group Inc., et al. v. Arkansas Teacher Retirement System, et al., No. 20-222, U.S. Sup.).

  • September 17, 2020

    Debt Collection Firm's Dunning Letters Violate Federal Law, Class Action Claims

    ROANOKE, Va. — A Virginia debt collection law firm violates the Fair Debt Collection Practices Act (FDCPA) by misrepresenting the sender in dunning letters and overstating related attorney fees and attorney involvement in subsequent lawsuits, three Virginia residents allege in a Sept. 9 class complaint filed in a federal court in Virginia (Jennifer Lord, et al. v. Senex Law, P.C., No. 20-541, W.D. Va.).

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