PHILADELPHIA — A federal judge in Pennsylvania on July 7 certified a class of disabled individuals suing the city of Philadelphia over missing or inaccessible curb ramps and seeking to have tens of thousands of ramps replaced (Liberty Resources, Inc., et al. v. City of Philadelphia, et al., No. 19-3846, E.D. Pa., 2020 U.S. Dist. LEXIS 118396).
NEW YORK — A blind man who brought a discrimination class complaint against a restaurant chain failed to establish standing under the Americans with Disabilities Act (ADA) when he was unable to sufficiently show intent to return to one of the restaurants or that he was prevented from doing so due to the lack of gift cards that were accessible to the blind, a New York federal judge ruled July 6, noting that the plaintiff’s complaint was one of dozens of nearly identical ones he filed against retail and dining establishments (Steven Matzura, et al. v. Red Lobster Hospitality LLC, No. 19-9929, S.D. N.Y., 2020 U.S. Dist. LEXIS 118485).
PORTLAND, Ore. — City of Portland police used excessive force against and unlawfully arrested those attending and documenting Black Lives Matter (BLM) protests in the city following the death of George Floyd in Minneapolis, three Oregon residents allege in a class complaint filed July 7 in an Oregon court (Robert Evans, et al. v. City of Portland, No. 20CV23349, Ore. Cir., Multnomah Co.).
SAN FRANCISCO — The owner of an Alaskan cannery accused in a class complaint filed in a California court of forcing seasonal seafood processing workers to quarantine in a hotel without pay argues in a July 6 opposition that the release it provided the potential workers was a “fair and noncoercive” settlement offer and did not have a “chilling effect” on participation (Jane Doe, et al. v. North Pacific Seafoods, Inc., et al., No. CGC-20-585097, Calif. Super., San Francisco Co.).
WAUKEGAN, Ill. — The use by the owner of several McDonald’s franchises in Lake County, Ill., of a fingerprint scan to monitor employees’ work time is violating Illinois law by collecting, using, storing and disclosing employees’ biometric data, and a showing of actual damages is not necessary for a successful claim, a former employee alleges in her July 6 class complaint filed in the Lake County Circuit Court (Joanna Currie, et al. v. McEssy Investment Company, No. 2020CH04825, Ill. Cir., Lake Co.).
PITTSBURGH — A restaurant and tavern operator filed a class action against its “all-risk” commercial property insurer for breach of contract and declaratory relief in a federal court in Pennsylvania on June 11, arguing that its business interruption losses caused by the novel coronavirus and the subsequent shutdown orders “arise from direct physical loss or damage” and that the policy’s virus exclusion does not apply (1 S.A.N.T., Inc. v. Berkshire Hathaway, Inc., et al., No. 20-862, W.D. Pa.).
NEW YORK — A Manhattan law firm on June 29 filed a class action in a federal court in New York alleging that its “all risk” commercial property insurer breached their contract by refusing to pay claims related to the novel coronavirus, arguing that the insurance policy “exemplifies the broken promise from insurance companies across the country” (Siegel & Siegel, et al. v. Hartford Casualty Insurance Company, No. 20-04993, S.D. N.Y.).
SEATTLE — A Tennessee couple filed a putative class action on June 24 against cruise ship operators in a Washington federal court, alleging that the defendants failed to implement any of the promised enhanced screening during boarding and other measures to prevent COVID-19 infection, which resulted in one of the plaintiffs testing positive for the disease (Leonard C. Lindsay, et al. v. Carnival Corp., No. 20-00982, W.D. Wash.).
DENVER — Protesters and the Denver police department reached an agreement in a putative class action to limit police use of crowd-control weapons including tear gas, pepper spray and rubber bullets, which a Colorado federal judge approved June 26. He noted that the stipulation complies with new state legislation enacted in the wake of protests against police brutality (Agazi Abay, et al. v. Denver, No. 20-1616, D. Colo.).
PORTLAND, Ore. — A federal judge in Oregon on July 2 partially granted a motion for a temporary restraining order (TRO) and preliminary injunction sought by journalists and legal observers in a putative class complaint over their treatment while covering Portland protests and enjoined the police from arresting them, using physical force and seizing their equipment and press passes (Tuck Woodstock, et al. v. City of Portland, et al., No. 20-1035, D. Ore., 2020 U.S. Dist. LEXIS 116612).
LEXINGTON, Ky. — A federal judge in Kentucky on July 1 denied class certification in a former resident’s suit alleging, among other things, that a nursing home advertised false staffing information and inflated its ratings, finding that the proposed class is not ascertainable and that the plaintiff failed to meet the class requirements of Federal Rule of Civil Procedure 23 (Carrie Johnson, et al. v. BLC Lexington, SNF, LLC, et al., No. 19-064, E.D. Ky., 2020 U.S. Dist. LEXIS 114505).
NEW YORK — Ten women asked a New York federal court on June 30 to approve an $18.8 million settlement of claims that imprisoned former Hollywood executive Harvey Weinstein sexually abused them while other defendants did nothing to stop him. They also seek class certification of two classes of women who met with Weinstein to audition or discuss working on projects or who were employed by his companies (Louisette Geiss, et al. v. The Weinstein Company Holdings LLC, et al., No. 17-09554, and Jill Doe, et al. v. The Weinstein Company Holdings LLC, et al., No. 19-3430, S.D. N.Y.).
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 1 denied a petition for rehearing, and the full court also denied a petition for rehearing en banc, sought by U.S. Navy sailors who wanted the court to reconsider its dismissal of a radiation exposure lawsuit related to the sailors’ involvement with relief efforts when the Fukushima Daiichi Nuclear Power Plant (FNPP) melted down in Japan. The panel did not elaborate on its reason for denying the petition (Lindsay R. Cooper, et al. v. Tokyo Electric Power Company, et al., No. 19-55295, 9th Cir.).
PITTSBURGH — The Pittsburgh Bureau of Police (PBP) attacked peaceful individuals protesting racism and police violence and turned the scene into one of “pandemonium, panic, violence and bloodshed,” protesters allege in a class complaint filed June 29 in the U.S. District Court for the Western District of Pennsylvania (Nicole Rulli, et al. v. Pittsburgh, et al., No. 20-965, W.D. Pa.).
LOS ANGELES — A federal judge in California on June 23 denied a request by professional female soccer players to certify portions of a May 1 summary judgment order to allow them to immediately appeal the ruling against them on their pay discrimination class claims, ruling that “the administrative interests and equities” did weigh in favor of such a ruling (Alex Morgan, et al. v. United States Soccer Federation, Inc., No. 19-1717, C.D. Calif.).
PITTSBURGH — A Pennsylvania accountant filed a class complaint on June 17 in a federal court in her state accusing The PNC Financial Services Group Inc., PNC Bank N.A. and other unnamed Does of failing to comply with the Coronavirus Aid, Relief and Economic Security (CARES) Act and pay fees to agents assisting small businesses with their loan applications (Denise M. Henning, CPA, LLC, et al. v. The PNC Financial Services Group, Inc., et al., No. 20-905, W.D. Pa.).
BAY CITY, Mich. — A chiropractor insured filed a class action complaint in a Michigan federal court challenging insurers’ “systematic and uniform refusal to pay insureds” for their losses arising from Michigan’s March 24 executive order and related actions that suspended business operations in the wake of the novel coronavirus pandemic (Turek Enterprises, Inc. v. State Farm Mutual Automobile Insurance Company, et al., No. 20-11655, E.D. Mich.).
COLUMBUS, Ohio — Nine Ohio restaurants used money from the Paycheck Protection Program (PPP) to implement a new pay scheme that violates state and federal wage-and-hour laws, one employee claims in a June 19 first amended complaint filed in a federal court in Ohio (Kelsey Smith, et al. v. Local Cantina, LLC, et al., No. 20-3064, S.D. Ohio).
COVINGTON, Ky. — A federal judge in Kentucky on June 26 dismissed two class claims under the Fair Credit Reporting Act (FCRA) brought against employers by employees after their personal information was stolen, finding that the employers are not consumer reporting agencies (CRAs), and declined to exercise supplemental jurisdiction over state law claims (Keram J. Christensen, et al. v. Saint Elizabeth Medical Center, Inc., et al., No. 19-43, E.D. Ky., 2020 U.S. Dist. LEXIS 112353).
RIVERSIDE, Calif. — A trial court failed to carry out its duty to carefully consider the declarations from current and former employees submitted by an employer in support of its opposition to class certification in an employee’s lawsuit alleging violations of California’s Labor Code and the unfair competition law (UCL), a split California appellate panel ruled June 26, reversing orders denying motions to strike the declarations and for class certification (Sofia Wilton Barriga v. 99 Cents Only Stores LLC, No. E069288, Calif., App., 4th Dist., Div. 2, 2020 Cal. App. LEXIS 586).