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.
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.
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.”
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.