Mealey's Class Actions

  • October 15, 2021

    Preliminary Approval Of Class Settlement Denied In ERISA Suit Over Surgery

    SAN FRANCISCO — Citing “such a large fee for the attorneys, little benefit to the class members, and substantial downsides to the class,” a California federal judge on Oct. 12 denied preliminary approval to a class settlement proposal in a suit challenging a health plan’s denial of coverage for a specialized form of liposuction to treat lipedema.

  • October 15, 2021

    Aon Prevails In 401(k) Suit; Class Settlement With Lowe’s Gets Final Approval

    STATESVILLE, N.C. — Following a bench trial in a class action challenging a retirement plan adviser’s actions including the move of more than $1 billion in assets to a growth fund, a federal judge in North Carolina on Oct. 12 ruled that Aon Hewitt Investment Consulting Inc. did not breach its fiduciary duty and ordered each party to bear its own costs and attorney fees with respect to those claims.

  • October 14, 2021

    Class Suit Accusing Subway Of Tuna Misrepresentation Dismissed With Leave To Amend

    OAKLAND, Calif. — A federal judge in California on Oct. 7 dismissed with leave to amend a putative class complaint accusing a sandwich franchisor of violating California’s unfair competition law (UCL) and other state laws by labeling its tuna salad, sandwiches and wraps as “100% tuna” while failing to prevent adulteration in its supply chain or honor its representation that it has “a global ban on the sale of tuna species that come from anything less than healthy stocks.”

  • October 14, 2021

    Federal Judge Dismisses Class Suit Against Bank Over Small Business PPP Loan

    WINSTON-SALEM, N.C. — A federal judge in North Carolina on Sept. 29 granted a bank’s motion to dismiss for lack of subject matter jurisdiction a class action brought by a business accusing the bank of delay in processing a loan under the Paycheck Protection Program (PPP) designed to help small businesses harmed by the coronavirus pandemic, finding that the business did not demonstrate “that it plausibly suffered an invasion of a legally protected interest.”

  • October 13, 2021

    United Fails At Attempt To Strike Class Claims In Flight Cancellation Suit

    CHICAGO — A federal judge in Illinois on Oct. 5 denied as premature without prejudice to re-raising the issues later an airline’s motion to strike class allegations in a complaint seeking refunds rather than credits from United Airlines Inc. for travel canceled due to the coronavirus pandemic.

  • October 13, 2021

    1 Ohio Hospital System Seeks Dismissal Of Vaccine Mandate Class Complaint

    CINCINNATI — One of five Ohio hospital systems hit with a putative class complaint by health care workers challenging the requirement that they be vaccinated before Oct. 1 or face adverse employment action filed a motion to dismiss in a federal court in Ohio on Oct. 4, arguing that the plaintiffs already filed and dismissed three similar cases, lack standing and failed to state a claim upon which relief could be granted.

  • October 13, 2021

    Class Suit Over University’s Elimination Of Women’s Teams Settled

    DAVENPORT, Iowa — A federal judge in Iowa in an Oct. 6 order approved attorney fees for female student athletes who reached a settlement with the University of Iowa (UI) and two officials after lodging a class complaint when the school decided to eliminate athletic opportunities for female student athletes due to the coronavirus pandemic.

  • October 13, 2021

    Consumer Brings Suit For Sunscreen Products Deceptively Labeled As Reef-Safe

    SAN FRANCISCO — A California man on Oct. 8 filed a putative class action in a California federal court against a retailer and sunscreen manufacturer for claims including violation of California’s unfair competition law (UCL) in relation to their sales of sunscreen products that were allegedly falsely labeled as not harmful to coral reefs.

  • October 13, 2021

    6th Circuit Denies Prisoner’s Appeal Of COVID-19 Mitigation Suit

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals judge on Oct. 12 denied a prisoner’s application for a certificate of appeal in his case that started out as a putative class complaint alleging that Michigan Department of Corrections (MDOC) inmates are incarcerated under conditions that increase their risk of contracting COVID-19 in violation of their constitutional rights.

  • October 13, 2021

    Preliminary Injunction Granted In Students’ Suit Over Tenn. Governor’s Mask Order

    KNOXVILLE, Tenn. — A federal judge in Tennessee on Oct. 12 granted a motion for a preliminary injunction filed by students suffering from underlying health conditions that they allege increase the likelihood of severe illness or death from COVID-19 who have sued challenging the governor’s executive order allowing opt outs for school-related mask mandates.

  • October 13, 2021

    Negligence, UCL Claims Filed Against Marketer In Alleged Reinsurance Scheme

    SAN DIEGO — Individuals who allege that they were sold counterfeited and nonexistent PregnancyCare insurance policies under “supposed captive reinsurance programs” filed a putative class complaint in California federal court on Oct. 11, claiming violation of California’s unfair competition law (UCL), negligent misrepresentation and unjust enrichment.

  • October 13, 2021

    Texas Students Dismiss Class Suit Over Pandemic Response

    SHERMAN, Texas — A putative class complaint accusing a Texas school district of ignoring guidelines for schools issued by the U.S. Centers for Disease Control and Prevention in response to the coronavirus pandemic was dismissed Oct. 8, one day after the students that brought the complaint filed a stipulation of dismissal.

  • October 13, 2021

    New Settlement Terms In Website Access Class Suit Preliminarily Approved

    SACRAMENTO, Calif. — A federal judge in California on Sept. 30 granted preliminary approval of new settlement terms that will provide $112,500 in addition to injunctive relief in a class suit accusing a juice company of failing to offer a website accessible to those with visual impairments.

  • October 13, 2021

    SNHU’s $1.25M Pandemic Closure Class Settlement Granted Final Approval

    CONCORD, N.H. — Final approval of a $1.25 million class settlement ending a student’s complaint accusing Southern New Hampshire University (SNHU) 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 was granted Sept. 22 by a federal judge in New Hampshire.

  • October 12, 2021

    Maine Officials, Prisoner Brief Arguments In Halted Unemployment Benefits Suit

    BOSTON — A trial court did not err when it dismissed a prisoner’s putative class complaint alleging due process rights violations after his work release unemployment benefits provided in the midst of the coronavirus pandemic were halted as there was no infringement of a protected property interest or constitutional violation, Maine officials argue in their appellee brief filed Oct. 7 in the First Circuit U.S. Court of Appeals.

  • October 12, 2021

    American Airlines Pilots Class Certified In Suit Alleging USERRA Violations

    PHILADELPHIA — A class of American Airlines Inc. pilots suing after being denied pay and profit sharing credits for short-term military leave was certified by a federal judge in Pennsylvania on Oct. 8 who distinguished this class seeking monetary relief from the class denied certification in Wal-Mart Stores, Inc. v. Dukes.

  • October 12, 2021

    Appellate Briefs In Teachers’ Vaccine Dispute Filed On Heels Of High Court Denial

    WASHINGTON, D.C. — The New York City Department of Education (NYC DOE) and teachers and paraprofessionals challenging a COVID-19 vaccine mandate filed briefs in the Second Circuit U.S. Court of Appeals addressing their opposing sides in the dispute on Oct. 8, a week after U.S. Supreme Court Justice Sonia Sotomayor denied their application for injunctive relief.

  • October 12, 2021

    Wisconsin Parents File 2 Class Complaints Over Schools’ COVID-19 Measures

    MADISON, Wis. — Parents in Wisconsin filed two class complaints, the latest on Oct. 11, in federal courts in the state alleging that their school districts and others have failed “to take adequate Covid-19 related safety measures has needlessly and recklessly placed Wisconsin school children and their communities as risk of serious illness and death.”

  • October 12, 2021

    2 Motions To Dismiss Denied In Class Suit Over ERISA Plan Costs, Fees

    COLUMBUS, Ohio — An employee who brought class claims accusing her former employer and the 401(k) plan committee of breaching the Employee Retirement Income Security Act when they failed to keep costs in check and negotiate lower fees as the plan grew may proceed with her case as the defendants failed to show a lack of subject matter jurisdiction or failure to state a claim upon which relief could be granted, a federal judge in Ohio ruled Sept. 16 in denying motions to dismiss.

  • October 12, 2021

    Federal Judge Rejects Patients’ ADA Claims Regarding Aid-In-Dying Law

    SAN FRANCISCO — A California federal judge on Sept. 20 denied a motion for a preliminary injunction filed by two patients battling neurodegenerative disorders who challenged California’s End of Life Option Act’s provision requiring patients to administer the aid-in-dying medication themselves as a discriminatory provision against those who are physically disabled under the Americans with Disabilities Act.