Mealey's Class Actions

  • May 23, 2018

    Anthem Data Breach Plaintiffs Object To Recommended $28.6M Attorney Fees Award

    SAN JOSE, Calif. — In a May 15 brief, the lead plaintiffs in a class action over Anthem Inc.’s 2015 data breach ask a California federal judge to overrule a special master’s findings and increase a recommended attorney fees award in the preliminarily settled suit by more than $9 million (In Re:  Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-md-02617, N.D. Calif.).

  • May 23, 2018

    CVS Hit With Class Complaint Alleging Disclosure Of Customers’ HIV Status

    COLUMBUS, Ohio — CVS Health Corp. and its subsidiaries disclosed the HIV status of approximately 6,000 patients in a mass mailing, a Dayton, Ohio, resident, referred to only as John Doe, alleges in a May 16 class complaint filed in the U.S. District Court for the Southern District of Ohio (John Doe, et al. v. CVS Health Corporation, et al., No. 18-488, S.D. Ohio).

  • May 22, 2018

    Insurer: Court Erred In Certifying Class Of 32,000 Insureds In ACV Dispute

    ST. LOUIS — A lower federal court’s order that certified a class of more than 32,000 insureds in a breach of contract and unjust enrichment lawsuit is “manifestly erroneous and directly conflicts” with Eighth Circuit U.S. Court of Appeals precedent, an insurer argues in a recent appeal (James Stuart, et al. v. State Farm, No. 16-3784, 8th Cir.).

  • May 22, 2018

    Class Certified In Suit Alleging Jailed Voters Were Barred From 2016 Election

    FORT WAYNE, Ind. — An Indiana federal judge on May 17 certified a class of individuals who allege that they were in jail during the November 2016 election and were wrongfully kept from voting by the Allen County, Ind., sheriff (Demetrius Buroff, et al. v. David Gladieux, No. 17-124, N.D. Ind., 2018 U.S. Dist. LEXIS 83887).

  • May 21, 2018

    Patient Exposed To Hep C By Infected Nurse Files Proposed Class Action Suit

    TACOMA, Wash. — A patient who may have been exposed to hepatitis C at a Washington hospital filed a proposed class action complaint May 11 against the owner of the facility, alleging that the defendant failed to properly train and supervise nurse infected with hepatitis C who stole drugs from the facility and administered narcotics to potentially 2,600 patients with needles she first used on herself (M.N., et al. v. Multicare Health System Inc., No. 18-2-08055-5, Wash. Super., Pierce Co.).

  • May 21, 2018

    Panel Upholds Class Action Status In Dispute Over Illegal Insurance Transactions

    BATON ROUGE, La. — A Louisiana appeals panel on May 16 affirmed certification of a class in a case against state agencies and insurers over illegal transactions made to protect the Louisiana Insurance Guaranty Association (Donald W. Abshire v. The State of Louisiana, et al., No. 2017CA0689 c/w 2017CA0690, La. App., 1st Cir., 2018 La. App. Unpub. LEXIS 141).

  • May 21, 2018

    Golden State Warriors Fan Voluntarily Dismisses App Eavesdropping Class Action

    OAKLAND, Calif. — After engaging in arbitration, a New York woman filed a stipulation in California federal court May 17, voluntarily dismissing a putative class action under the Electronic Communications Privacy App (ECPA) against National Basketball Association team the Golden State Warriors and a technology firm, disposing of her allegations of eavesdropping via the team’s smartphone app (LaTisha Satchell v. Signal360 Inc., et al., No.3:16-cv-04961, N.D. Calif.).

  • May 21, 2018

    Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

    WASHINGTON, D.C. — A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).

  • May 18, 2018

    Judge Tosses Class Suit Alleging Consumers Believe Diet Pepsi Will Help Weight Loss

    NEW YORK — A New York federal judge on May 17 dismissed a class complaint accusing a soda maker of leading customers to believe that its soda would help with weight loss by calling it “diet” soda, ruling that the complaint failed on its merits (Elizabeth Manuel, et al. v. Pepsi-Cola Company, No. 17-7955, S.D. N.Y., 2018 U.S. Dist. LEXIS 83404).

  • May 18, 2018

    Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

    SAN FRANCISCO — A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California’s unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef Lawson v. Deliv Inc., No. 566577, Calif. Super., San Francisco Co.).

  • May 17, 2018

    Missouri Federal Judge Finds Lack Of Jurisdiction Over Default Judgment Claims

    ST. LOUIS — A Missouri federal court lacks jurisdiction over claims resulting from state default judgments against customers of a household good leasing company, a Missouri federal judge ruled May 15, sending a class lawsuit back to state court (Sade Beaton, et al. v. Rent-A-Center, Inc., No. 18-26, E.D. Mo., 2018 U.S. Dist. LEXIS 81819).

  • May 17, 2018

    Judge Dismisses UCL, FAL Claims Over Octopus Products For Lack Of Jurisdiction

    SAN DIEGO — After finding that a consumer failed to show that her class action claims for violation of California’s unfair competition law (UCL) and false advertising in relation to allegedly fake octopus products met the federal amount-in-controversy requirement, a California federal judge on May 15 dismissed the case for lack of jurisdiction (Vivian Lejbman v. Transnational Foods Inc., et al., No. 17-CV-1317, S.D. Calif., 2018 U.S. Dist. LEXIS 81867).

  • May 17, 2018

    Court Affirms UCL Verdict Against Employer, Nearly $1M Attorney Fee Award

    SACRAMENTO, Calif. — A California appeals court on May 8 affirmed a class action California unfair competition law (UCL) verdict involving labor code violations, saying the evidence supported the conclusion that a company improperly reduced wages by future medical payments and barred meal breaks and saying a nearly $1 million attorney fee award was proper (Robert Kane, et al. v. Valley Slurry Seal Co., et al., No. C079558, Calif. App., 3rd Dist., 2018 Cal. App. Unpub. LEXIS 3149).

  • May 17, 2018

    Defective Keyboards, Privacy Breach, Other Complaints Hit Courts

    Recent class action lawsuits filed in federal courts across the country include complaints alleging defective Apple keyboards, invasion of privacy, false labeling, pregnancy discrimination and unlawful penalties.

  • May 17, 2018

    Olympic Taekwondo Athletes File Amended Class Complaint Alleging Sexual Abuse

    DENVER — Members of Team USA’s Olympic taekwondo athletes filed a first amended class complaint on May 4 in the U.S. District Court for the District of Colorado alleging more than 20 years of sexual abuse, exploitation and trafficking by Olympic officials, coaches and mentors (Heidi Gilbert, et al. v. United States Olympic Committee, et al., No. 18-981, D. Colo.).

  • May 17, 2018

    9th Circuit: Court Erred Limiting Class Proof To Admissible Evidence

    PASADENA, Calif. — A district court erred in several ways when it denied class certification in a wage-and-hour lawsuit, including via its limitation of class certification proof to admissible evidence, a Ninth Circuit U.S. Court of Appeals panel ruled May 3 (Marilyn Sali, et al. v. Corona Regional Medical Center, et al., No. 15-56460, 9th Cir., 2018 U.S. App. LEXIS 11497).

  • May 17, 2018

    P&G Settles Probiotic Labeling Class Suit For Up To $30.3 Million

    CINCINNATI — An Ohio federal judge on April 30 granted final approval of a settlement under which The Proctor & Gamble Co. (P&G) will pay up to $30.3 million to end a class complaint alleging false labeling and advertising of Align, an over-the-counter probiotic supplement (Dino Rikos, et al. v. The Proctor & Gamble Company, No. 11-226, S.D. Ohio).

  • May 17, 2018

    Zillow Housing Values Class Suit Is Dismissed For 2nd Time

    CHICAGO — An Illinois federal judge on May 7 dismissed for a second time a class complaint filed by the owners of a Shaumburg, Ill., property who claimed that Zillow Inc. and Zillow Group Inc. (collectively, Zillow) underestimated the value of their property in violation of two Illinois laws (Vipul P. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill., 2018 U.S. Dist. LEXIS 76245).

  • May 17, 2018

    7th Circuit Vacates Dismissal Of FACTA Class Suit, Orders Remand

    CHICAGO — A district court wrongly dismissed with prejudice a class complaint over a company’s printing of credit and debit card expiration dates on receipts because the court lacked jurisdiction, a Seventh Circuit U.S. Court of Appeals panel ruled May 14, vacating the lower court’s judgment and remanding with instructions to send the case back to state court (Kathryn G. Collier, et al. v. SP Plus Corporation, No. 17-2431, 7th Cir., 2018 U.S. App. LEXIS 12454).

  • May 17, 2018

    Plaintiffs Voluntarily Dismiss Appeal Over Dismissal Of Dimensional Lumber Suit

    CHICAGO — Two men who claimed that a federal judge in Illinois erred when dismissing their class action lawsuit accusing Menard Inc. of violating the Illinois Consumer Fraud Act (ICFA) by selling lumber with deceptive labels about the product’s dimensions dismissed their appeal in the Seventh Circuit U.S. Court of Appeals on May 7 (Michael Fuchs, et al. v. Menard Inc., No. 17-3260, 7th Cir.).