Mealey's Class Actions

  • September 09, 2020

    Law Firm In Coronavirus 'Hotspot' Dismisses Breach Of Contract Suit Against Insurer

    NEW YORK — A Manhattan law firm on Aug. 19 voluntarily dismissed without prejudice its class action alleging in a New York federal court that its “all risk” commercial property insurer breached their contract by refusing to pay claims related to the novel coronavirus (Siegel & Siegel, et al. v. Hartford Casualty Insurance Company, No. 20-04993, S.D. N.Y.).

  • September 08, 2020

    $5.8M Princeton University ERISA Settlement Granted Preliminary Approval

    TRENTON, N.J. — A federal judge in New Jersey on Aug. 31 granted preliminary approval of a $5.8 million class settlement in a lawsuit alleging mismanagement of two Princeton University employee retirement plans (Elysee Nicolas, et al. v. The Trustees of Princeton University, No. 17-3695, D. N.J.).

  • September 03, 2020

    9th Circuit Revives False Advertising Class Claims Over Google's AdWords

    SAN FRANCISCO — A man who used Google LLC's AdWords program sufficiently established standing under Article III of the U.S. Constitution for his false advertising and unfair competition claims based on Google's purported misrepresentations about accounting for "click fraud," a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 1, reversing and remanding a trial court's dismissal of his putative class complaint (Gurminder Singh v. Google LLC, No. 18-17035, 9th Cir., 2020 U.S. App. LEXIS 27834).

  • September 03, 2020

    Putative Class: Insurer Violated Long-Term Insurance Policy By Increasing Premiums

    CHICAGO — An insured on Aug. 31 filed a class action complaint against an insurer in a federal court in Illinois, alleging that the insurer breached its long-term care insurance policies by increasing premiums without increasing the premiums for all of its other insureds who were in the same premium class, further contending that the insurer's "brochure, outline of coverage, and policy further create an enforceable expectation that future increases in premiums and purchases of additional coverage would not take place if the automatic benefit increase option for inflation protection is purchased" (David Sieving, et al. v. Continental Casualty Company, No. 20-05127, N.D. Ill.).

  • September 03, 2020

    Class Complaint Alleging Understaffing In Nursing Homes Remanded To Arkansas Court

    LITTLE ROCK, Ark. — A class complaint alleging that 14 nursing homes were insufficiently staffed does not meet the minimum diversity requirements of the Class Action Fairness Act (CAFA) and involves no federal causes of action, a federal judge in Arkansas found Aug. 28, granting the plaintiffs' motion to remand the suit to state court (Katherine Jones Mitchell, et al. v. Reliance Healthcare Inc., et al., No. 19-370, E.D. Ark., 2020 U.S. Dist. LEXIS 156478).

  • September 02, 2020

    Pet Food Consumers Ask U.S. High Court To Hear Appeal On Jurisdiction

    WASHINGTON, D.C. — Two consumers who brought a putative class complaint over prescription pet food claims filed a petition for a writ of certiorari on Aug. 6 asking the U.S. Supreme Court to take up their appeal concerning whether a federal court has subject matter jurisdiction over state law claims concerning the perceived quality of the product and resulting price, arguing that the Eighth Circuit U.S. Court of Appeals ruling upholding the jurisdictional ruling "introduced chaos into this Court's careful and coherent jurisprudence to determine when federal question jurisdiction will lie over state-law claims" (Anastasia Wullschleger, et al. v. Royal Canin U.S.A., Inc., et al., No. 20-152, U.S. Sup.).

  • September 02, 2020

    Illinois Appellate Panel Reinstates Class Complaint Over Vehicle Violation Fee

    MOUNT VERNON, Ill. — An Illinois trial court erred in granting summary judgment to an Illinois city in a class complaint over the imposition of administrative fees for certain motor vehicle violations because the fee was said to recoup expenses, but there was no exploration of the reasonableness of the charge as the trial court accepted that the fees were actually fines, an Illinois appellate panel ruled Aug. 26 (Rogelio Saladrigas, et al. v. O'Fallon, No. 11-L-666, Ill. App., 5th Dist., 2020 Ill. App. LEXIS 566).

  • September 02, 2020

    Denial Of Class Certification In Food Poisoning Suit Upheld By Tennessee Panel

    KNOXVILLE, Tenn. — A lawsuit over 102 events of food poisoning or illness related to patrons of a Tennessee restaurant is not properly suited for certification as the proposed class failed to meet the commonality, typicality and adequacy of representation due to various modes of transmission of the illnesses, a Tennessee appellate panel ruled Aug. 24 (Tina Rogers, et al. v. Adventure House LLC, et al., No. E2019-01422-COA-R3-CV, Tenn. App., 2020 Tenn. App. LEXIS 382).

  • September 02, 2020

    Split Panel Affirms Pre-, Post-Trial Rulings In Outside Sales Exemption Class Suit

    CINCINNATI — A split Sixth Circuit U.S. Court of Appels panel on Aug. 31 affirmed pre- and post-trial rulings, jury instructions and evidentiary rulings in a class suit where the jury found that door-to-door solicitors were not exempt outside salespeople (Davina Hurt, et al. v. Commerce Energy, Inc., et al., No. 18-4058, 6th Cir., 2020 U.S. App. LEXIS 27676).

  • September 02, 2020

    Judge Certifies Class Saying Kickbacks For Settlement Services Violated RESPA

    BALTIMORE — A federal judge in Maryland on Aug. 28 certified a nationwide class for borrowers who claim that Bank of America N.A. (BANA) and a settlement services provider were involved in a kickback scheme that violated the Real Estate Settlement Procedures Act (RESPA) after finding that the lead plaintiffs had standing to bring their claims, that a class action was a superior method to litigate the claims and that the class's common issues predominated over individual issues (Tracie Parker Dobbins v. Bank of America N.A., No. 17-540, D. Md., 2020 U.S. Dist. LEXIS 156315).

  • September 02, 2020

    Class Complaint Challenges New York's Cap For Weddings While Protests Proceed

    SYRACUSE, N.Y. — Two New York event venues filed a class complaint on Aug. 28 in federal court accusing the governor and others of "an unprecedented abuse of power" by creating an executive order in response to the novel coronavirus pandemic that violates the venues' rights under the 14th Amendment to the U.S. Constitution by limiting the number of people at gatherings such as weddings to 50 while still allowing other facilities to host more people and still permitting protests of thousands (Bill & Ted's Riviera, Inc., et al. v. Andrew M. Cuomo, et al., No. 20-1001, N.D. N.Y.).

  • September 02, 2020

    Class Action Suit:  DAP's Crystal Clear Sealant Yellows Shortly After Application

    MINNEAPOLIS — A man filed a nationwide class action lawsuit on Aug. 31 in federal court in Minnesota, complaining that DAP Products Inc.'s "crystal clear" bathroom, kitchen and plumbing sealant turns yellow within weeks of application and that the company misrepresented the quality of the product despite knowing about the problem (Brandon Ehlis v. DAP Products Inc., No. 20-1872, D. Minn.).

  • September 02, 2020

    Stay Request Denied In TCPA Class Suit Against Keller Williams Realty

    WEST PALM BEACH, Fla. — A federal judge in Florida on Aug. 27 ruled that a stay sought by a realty company pending a decision by the U.S. Supreme Court in Facebook v. Duguid would cause "an unwarranted delay" in the putative class complaint brought under the Telephone Consumer Protection Act (TCPA) (Cody Becker, et al. v. Keller Williams Realty, Inc., et al., No. 19-81451, S.D. Fla., 2020 U.S. Dist. LEXIS 155545).

  • September 01, 2020

    Distributor, Amici Tell U.S. High Court Arbitrators Must Decide Arbitrability

    WASHINGTON, D.C. — Three amicus curiae briefs filed Aug. 28 in the U.S. Supreme Court support a dental equipment distributor's arguments in its Aug. 21 petitioner brief that certain carveouts in arbitration agreements don't negate delegation agreements (Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, U.S. Sup.).

  • August 31, 2020

    California Panel Reinstates Class Allegations Over Leaky Copper Pipes

    SANTA ANA, Calif.  — A California appeals panel on Aug. 27 overturned a ruling striking class allegations brought by homeowners who contend that their builder violated the Right to Repair Act when installing defective copper piping in their home, finding that the proposed class's claims are an exception to the act's exclusion on class actions involving parts that are manufactured offsite (Kendall Brasch, et al. v. K. Hovnanian Enterprises Inc., et al., No. G057436, Calif. App., 4th Dist., 3rd Div., 2020 Cal. App. Unpub. LEXIS 5541).

  • August 31, 2020

    Class Allegations Over Leaky Copper Pipes Revived By California Panel

    SANTA ANA, Calif.  — A California appeals panel on Aug. 27 reversed a ruling granting Pulte Home Corp.'s motion to strike class allegations from a lawsuit complaining about leaky copper pipes installed in homes in a development, finding that it was not persuaded by the interpretation of the Right to Repair Act in Kohler v. Superior Court, 29 Cal.App.5th 55 (Calif. App., 2nd Dist., 4th Div. 2018) (Jeff Smith, et al. v. Pulte Home Corp., No. G057435, Calif. App., 4th Dist., 3rd Div., 2020 Cal. App. Unpub. LEXIS 5616).

  • August 31, 2020

    Class Allegations Over Leaky Copper Pipes Revived By California Panel

    SANTA ANA, Calif.  — A California appeals panel on Aug. 27 reversed a ruling granting Pulte Home Corp.'s motion to strike class allegations from a lawsuit complaining about leaky copper pipes installed in homes in a development, finding that it was not persuaded by the interpretation of the Right to Repair Act in Kohler v. Superior Court, 29 Cal.App.5th 55 (Calif. App., 2nd Dist., 4th Div. 2018) (Jeff Smith, et al. v. Pulte Home Corp., No. G057435, Calif. App., 4th Dist., 3rd Div., 2020 Cal. App. Unpub. LEXIS 5616).

  • August 31, 2020

    Remand Motion Terminated In Chipotle Child Labor Suit As Settlement Talks Continue

    NEWARK, N.J. — A federal magistrate judge in New Jersey on Aug. 27 issued a text order administratively terminating a motion to remand a putative class complaint accusing Chipotle Mexican Grill Inc. of child labor violations and noting that the plaintiffs' response to the request for confidential settlement position papers was "unacceptable" (Alyssa MacLeod, et al. v. Chipotle Mexican Grill, Inc., et al., No. 18-17042, D. N.J.).

  • August 28, 2020

    Woman's Debt Collection Suit Over Loan Servicer's Convenience Fees Remanded

    BALTIMORE — A federal judge in Maryland on Aug. 17 remanded a woman's class action lawsuit accusing her loan servicer and the Federal National Mortgage Association (Fannie Mae) of violating Maryland's Consumer Debt Collection Act (MDCA) and Maryland's Consumer Protection Act (MCPA) when charging convenience fees for monthly mortgage payments made online or over the phone after declining to exercise diversity jurisdiction over the plaintiff's declaratory judgment claim and refusing to exercise supplemental jurisdiction over the state law claims (Marceline White v. NewRez LLC, et al., No. 20-1259, D. Md., 2020 U.S. Dist. LEXIS 147932).

  • August 28, 2020

    Teachers' Class Suit Over Draper James' Free Dress Offer Survives Dismissal

    LOS ANGELES — A federal judge in California on Aug. 27 denied a motion to dismiss a putative class complaint accusing Reese Witherspoon and her company, Draper James LLC, of offering free dresses to teachers during the novel coronavirus pandemic in exchange for providing personal information without clearly disclosing that it was a sweepstakes or lottery for referencing materials outside of the pleadings (Laryssa Galvez, et al. v. Draper James, LLC, et al., No. 20-4976, C.D. Calif.).

Can't find the article you're looking for? Click here to search the Mealey's Class Actions archive.