DENVER — Voters who sued Dominion Voting Systems Inc., Facebook and others alleging that they conspired to interfere in the 2020 presidential election filed a notice of appeal on April 29, one day after a federal magistrate judge in Colorado dismissed their putative class complaint for lack of jurisdiction and denied their motion for leave to file an amended complaint.
EAST ST. LOUIS, Ill. — Apple Inc. on April 28 moved to quash discovery subpoenas served on several major retailers by plaintiffs accusing it of violating Illinois’ Biometric Information Privacy Act (BIPA) via facial recognition technology within its Photos app, telling an Illinois federal court that the plaintiffs’ quest to obtain customers’ personal data, purportedly in connection with class determination, without their knowledge or consent runs directly counter to their data collection claims against Apple.
NEWARK, N.J. — A New Jersey federal judge on April 27 refused to grant class certification in an action brought by 20 tax preparation franchise employees who allege their employer illegally deducted the value of prepaid gift cards from their earnings, which resulted in lower commission payments.
MINNEAPOLIS — A federal judge in Minnesota on April 16 granted a motion for a temporary restraining order (TRO) filed by journalists who brought a putative class complaint against the city of Minneapolis and police officials over their treatment while covering protests in 2020 following the death of George Floyd and now allege mistreatment while covering protests following the police killing of another Black man, Daunte Wright, on April 11.
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on April 28 issued an order directing the parties in a lawsuit accusing tuna producers of engaging in an antitrust conspiracy to file briefs on whether the appeal concerning a trial court’s certification of three purchaser classes should be reheard en banc, after a Ninth Circuit judge called for a vote.
STATESVILLE, N.C. — Participants in and beneficiaries of the Lowe’s Cos. Inc. 401(k) Plan who challenged the move of more than $1 billion in plan assets to a growth fund managed by Aon Hewitt have advised a North Carolina federal judge that they have reached a class action settlement with the Lowe’s defendants.
SAN JOSE, Calif. — Nike Retail Services Inc. has agreed to pay $8.25 million to settle a 2014 class complaint accusing the employer of failing to pay California employees for time spent waiting for and during inspections following their shifts, according to a motion for preliminary settlement approval filed by the lead plaintiff on April 23 in a California federal court.
ST. LOUIS — A federal judge in Nebraska abused his discretion in certifying a class of TD Ameritrade Holding Corp. clients in a securities fraud action against the online trader and its subsidiary and CEO because an algorithm the lead plaintiff’s expert contended could be used to determine the economic loss for each class member would not meet the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), an Eighth Circuit U.S. Court of Appeals panel ruled April 23 in reversing and remanding for further proceedings.
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel, citing Langere v. Verizon Wireless Services, LLC, ruled April 23 that it has no appellate jurisdiction over an appeal filed by LuLaRoe consultants whose putative class complaint accuses the clothing company of operating a pyramid scheme after the consultants voluntarily dismissed their complaint with prejudice following an arbitration order in an attempt to obtain an appealable final judgment.
GRAND RAPIDS, Mich. — A class of residents on April 23 moved in Michigan federal court for approval of a $11.9 million settlement of their claims against the 3M Co. and other companies for drinking water contamination from per-and polyfluoroalkyl substances (PFAS).
CONCORD, N.H. — A federal judge in New Hampshire on April 26 granted preliminary approval of a $1.25 million class settlement reached by Southern New Hampshire University (SNHU) and a student in a complaint accusing the school of breaching its contract with students who paid for in-person schooling when it shut its doors in March 2020 due to the coronavirus pandemic.
MOBILE, Ala. — A federal judge in Alabama on April 22 issued an order granting a motion for an indicative ruling in a settled class Telephone Consumer Protection Act (TCPA) lawsuit stating that she “would not be inclined” to grant an objector an incentive award, based on the ruling in Johnson v. NPAS Solutions, LLC, or attorney fees should the case be remanded by the 11th Circuit U.S. Court of Appeals where an appeal is currently pending.
WASHINGTON, D.C. — The U.S. Supreme Court on April 26 denied a petition for a writ of certiorari filed by former World Wrestling Entertainment Inc. (WWE) wrestlers after the Second Circuit U.S. Court of Appeals ruled that it lacked appellate jurisdiction over consolidated appeals of cases concerning head injuries, some of which were putative class actions.
BOSTON — In briefs filed April 19 and Feb. 16, respectively, convenience store chain 7-Eleven and franchisees, who filed a proposed class action alleging they were misclassified as contractors rather than employees, ask the First Circuit U.S. Court of Appeals to determine whether Massachusetts’ three-prong test for independent contractor status conflicts with federal franchising regulations.
PHILADELPHIA — A debt collection letter that itemized the debt and listed interest and fees as “$0.00” did not violate the Fair Debt Collection Practices Act (FDCPA) when considered under either the “unsophisticated debtor” or the “least sophisticated debtor” standards, a Third Circuit U.S. Court of Appeals panel ruled April 12.
NEW YORK — A rideshare company and the consumer reporting agency it uses are discriminating against drivers by using background checks to deactivate drivers without fairly evaluating the records on a case-by-case basis, one driver alleges in a class complaint filed April 8 in a federal court in New York.
SANTA ANA, Calif. — A plaintiff’s decision to narrow his class definition in an amended complaint following removal may not be considered when deciding whether remand is appropriate, a federal judge in California ruled on April 20, denying remand of California unfair competition law (UCL) and privacy claims in a case concerning an automatic subscription renewal.
WASHINGTON, D.C. — A split Veterans Claims U.S. Court of Appeals panel on April 19 certified a class of veterans seeking to challenge the denial of benefits under the Program of Comprehensive Assistance for Family Caregivers (Caregivers Program) but who were not afforded the right to appeal to the Board of Veterans’ Appeals.
ATLANTA — The 11th Circuit U.S. Court of Appeals on April 7 affirmed a trial court’s individual arbitration ruling and dismissal of unnamed class members’ claims in five lawsuits over Wells Fargo Bank N.A.’s overdraft fees, finding that arbitration agreements in two contracts were enforceable.
BOSTON — A federal judge in Massachusetts on April 13 granted a university’s motion to dismiss a class complaint over the school’s closure at the start of the coronavirus pandemic only as to a conversion claim, allowing breach of contract and unjust enrichment claims to proceed.