PHILADELPHIA — A Pennsylvania federal judge on Aug. 2 granted preliminary approval of a $25 million class action antitrust settlement for indirect purchasers of the immunosuppressant drug Remicade.
PORTLAND, Maine — A prisoner who sued in a federal court in Maine on behalf of a class alleging due process rights violations after his work release unemployment benefits provided in the midst of the coronavirus pandemic were halted filed a joint motion with the state defendants on Aug. 10 seeking final approval of a settlement that includes more than $160,000 in payments to the class and an unopposed motion for attorney fees and expenses.
MIAMI — In separate Aug. 10 filings in a Florida court, the class plaintiffs in the largely settled case over the June 2021 partial collapse of the Champlain Towers South (CTS) condominium building in Surfside, Fla., filed a class notice that will inform members of an additional $53 million obtained in settlement funds and the receiver moved to strike claims by individuals believed to have no connection to the collapse.
SAN FRANCISCO — Seeking reversal of a decision denying modification of a final pretrial order (PTO), mortgagors in a long-running Real Estate Settlement Procedures Act (RESPA) class action over captive reinsurance agreements argue in a July 25 appellant brief before the Ninth Circuit U.S. Court of Appeals that a California federal court’s ruling “resulted in manifest injustice and was tantamount to case-ending sanctions.”
BRIDGEPORT, Conn. — Two Connecticut citizens whose personally identifiable information (PII) was exposed in a data breach experienced by a vendor of the Connecticut Department of Motor Vehicles (DMV) did not allege an injury in fact sufficient to confer standing, a Connecticut federal judge ruled Aug. 9, dismissing the putative class claims against the defendant.
WASHINGTON, D.C. — The U.S. Supreme Court on Aug. 10 requested a response to a petition for a writ of certiorari by Domino’s Pizza LLC asking the justices to decide whether truck drivers making in-state deliveries are exempt from the Federal Arbitration Act (FAA) under Section 1 as transportation workers engaged in interstate commerce.
LOS ANGELES — A California federal judge on Aug. 9 sua sponte ordered the dismissal of a putative class action against Albertsons Companies Inc. for allegedly violating California’s unfair competition law (UCL) by misrepresenting the sodium content of its store-brand club soda product, writing that the plaintiff failed to establish an amount in controversy that satisfies the jurisdictional requirements of the Class Action Fairness Act (CAFA).
PASADENA, Calif. — A $24 million class and collective action settlement between female professional soccer players and the U.S. Soccer Federation (USSF) for pay gender discrimination was granted preliminary approval by a federal judge in California on Aug. 11.
CINCINNATI — A COVID-19 vaccine mandate policy for Michigan State University (MSU) faculty, staff and students who have what some describe as “naturally acquired immunity” is constitutional and does not “run afoul of the Federal Food, Drug, and Cosmetic Act,” the MSU president and board of trustees argue in an appellee brief filed Aug. 3 in the Sixth Circuit U.S. Court of Appeals.
BOSTON — A joint motion to modify administration procedures for a more than $10 million Uniformed Services Employment and Reemployment Rights Act (USERRA) class settlement between Walmart Inc. and an employee was allowed in an Aug. 9 docket entry in a federal court in Massachusetts.
SAN FRANCISCO — A motion for summary judgment on several claims by United Airlines Inc. pilots in a wage statement class and Private Attorneys General Act (PAGA) lawsuit was partially granted Aug. 7 by a federal judge in California who determined that wage statements lacked total hours worked and applicable rates.
BOSTON — Grubhub Holdings Inc. drivers who deliver takeout food and prepackaged goods do not fall within the Federal Arbitration Act’s (FAA) exemption for “workers engaged in foreign or interstate commerce,” the Massachusetts Supreme Judicial Court ruled July 27.
DETROIT — A class settlement requiring the University of Michigan (UM) to implement institutional reforms in response to claims that the school failed to protect students from a doctor’s sexual abuse for decades was granted final approval on Aug. 3 by a federal judge in Michigan.
ATLANTA — A split 11th Circuit U.S. Court of Appeals on Aug. 3, more than a year after the last briefing on the matter, denied rehearing en banc in the appeal of a Telephone Consumer Protection Act (TCPA) class settlement after a divided panel in September 2020 partially vacated approval and held in part that a $6,000 incentive award as part of a settlement agreement for the class representative’s “‘role in prosecuting th[e] case on behalf of the [c]lass [m]embers’” violated century-old Supreme Court precedent as it is “part salary and part bounty.”
MIAMI — A Florida judge overseeing the more than $1 billion class settlement in the consolidated complaint over the June 2021 partial collapse of the Champlain Towers South (CTS) condominium building in Surfside, Fla., issued a sua sponte order on Aug. 3 permitting attorneys helping class members present damage claims to apply to the court for attorney fees and costs but reminded the attorneys that no fees or costs may be requested from class members.
KANSAS CITY, Mo. — Kansas City Southern Railway Co. (KCSR) conductors and engineers who accuse their employer in a putative class complaint of violating the Family and Medical Leave Act (FMLA) by miscalculating their leave entitlement and hours taken “demonstrated a fair chance of prevailing on the merits” on a portion of their allegations but failed to show that they will suffer irreparable harm without a temporary restraining order (TRO), a federal judge in Missouri ruled July 21, denying the workers’ TRO motion.
NEW YORK — A consumer who alleged in a putative class complaint that the labeling on Kellogg Sales Co.’s whole grain strawberry Pop-Tarts misleads customers into believing that the products contain mostly strawberries “failed to sufficiently plead that the front packaging is misleading,” a federal judge in New York ruled July 15, dismissing the complaint.
SAN DIEGO — A California federal judge on July 29 dismissed without prejudice a putative class action brought by a cancer patient accusing a stem cell therapy clinic and affiliated entities and individuals of violating California’s unfair competition law (UCL) by providing her with stem cell treatment for her cancer instead of chemotherapy that allowed her cancer to worsen, as the judge found that the plaintiff did not adequately plead federal jurisdiction under the Class Action Fairness Act (CAFA).
CHICAGO — NorthShore University HealthSystem and certain workers filed a joint motion in a federal court in Illinois on July 29 seeking preliminary approval of a class settlement including a payment of more than $10.3 million and the revision of its vaccine program to enhance accommodation procedures to employees with sincerely held religious beliefs in order to end a complaint by the health care workers that the company’s COVID-19 vaccine policy violated their religious beliefs.
DAYTON, Ohio — A $1.5 million class settlement in a lawsuit accusing a pizza shop franchisee and others of improper reimbursement for delivery drivers’ vehicle expenses was granted final approval by a federal judge in Ohio on Aug. 2.