Mealey's Class Actions : Mealey's : Legal News & Analysis

Mealey's Class Actions

November 20, 2024
Plaintiffs: Health Care Pricing Algorithm Just High-Tech Price Fixing

CHICAGO — A consolidated amended class action filed in multidistrict litigation in an Illinois federal court claims that Multiplan Inc. and others rely on allegedly algorithmic repricing of out-of-network health claims to keep prices artificially low and that it is really just a “technological smokescreen for traditional price fixing.”
November 20, 2024
Jury Demand Struck In ERISA Class Action Over Plans’ Use Of TDFs

ALLENTOWN, Pa. — A Pennsylvania federal judge briefly granted a motion to strike the plaintiffs’ jury demand in a class action challenging the inclusion of certain target date funds (TDFs) in four defined-contribution pension benefit plans the plaintiffs have said all had “thousands of participants” during the time at issue.
November 20, 2024
Expert Testimony Trimmed, Class Certification Granted In Defective Windshield Case

LOS ANGELES — A California federal judge limited expert testimony in a proposed class action suit alleging that Kia Motors America Inc. knew that its windshields were defective but failed to disclose it to consumers.
November 20, 2024
Final Approval Given To $115 Million Settlement Of Oracle Data Collection Suit

SAN FRANCISCO — A $115 million settlement of privacy class claims over data collection and brokerage activities conducted by Oracle America Inc. was found to provide “substantial benefits” to the class by a California federal judge, who granted final approval of the settlement over 28 objections received by class members.
November 19, 2024
$65 Million Data Breach Settlement By Pennsylvania Health Provider Given Final OK

SCRANTON, Pa. — A Pennsylvania judge granted final approval of a $65 million settlement to be paid by Lehigh Valley Health Network Inc. (LVHN) to end a class complaint alleging that a February 2023 data breach resulted in the disclosure of personal information and medical records, including nude photographs.
November 19, 2024
Company To High Court: TCPA Case Is ‘Poor Vehicle’ To Rule On Class Feasibility

WASHINGTON, D.C. — A staffing agency’s Telephone Consumer Protection Act (TCPA) case presents “an exceedingly poor vehicle” for the U.S. Supreme Court to address the first question regarding the feasibility of class certification, and the agency’s second question, regarding “interpretation of the TCPA, is not suitable for review,” a financial services company argues in a Nov. 18 opposition brief.
November 19, 2024
2 Claims Over Hospitals’ Data Sharing Dismissed; 4 Claims Survive

PORTLAND, Ore. — A woman’s claims over a hospital chain’s purported sharing of her protected health information (PHI) were partly dismissed, with an Oregon federal judge finding claims for breach of implied contract and intrusion upon seclusion not sufficiently alleged, while giving the green light to four other putative class claims related to such data being allegedly shared with Meta Platforms Inc. and Google Inc.
November 19, 2024
Chiropractic Practice: Court Doesn’t Have To Accept FCC’s TCPA Interpretation

WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals erred when it determined that a trial court must accept the Federal Communications Commission’s interpretation of the Telephone Consumer Protection Act’s (TCPA) prohibited faxes, a chiropractic practice argues in its petitioner brief filed Nov. 18 in the U.S. Supreme Court.
November 19, 2024
Federal Class Action Complaint Accuses Auto Insurer, Law Firm Of Barratry

HOUSTON — Insureds filed a class action complaint in a Texas federal court against an automobile insurer and a law firm alleging that they committed barratry, conspiracy and statutory violations by illegally sharing the personal information of car accident victims for solicitation.
November 18, 2024
Retirees Seek 6th Circuit Revival Of ERISA Suit Over Mortality Tables

CINCINNATI — Parties in an appeal that drew an amicus brief are arguing over whether part of the Employee Retirement Income Security Act requires “reasonable assumptions” in calculating certain pension benefits, with retirees filing a reply brief urging the Sixth Circuit U.S. Court of Appeals to “join the vast majority of other courts that have rejected Defendants’ interpretation.”
November 18, 2024
Class Settlement, Separate Fee Award Approved In ERISA Statements Penalty Case

TUSCALOOSA, Ala. — An Alabama federal judge approved a $253,700 class settlement and a separate award of $265,000 for attorney fees and costs in what the plaintiffs said “appears to be the first ever class-wide settlement for penalties related to a defendant’s failure to provide annual pension benefit statements to participants” under a provision of the Employee Retirement Income Security Act.
November 18, 2024
Service Awards, Attorney Fees At Issue In Meta Privacy Suit Certiorari Petition

WASHINGTON, D.C. — Meta Platforms Inc. (formerly Facebook Inc.) and a group of Facebook users who sued over the social network’s tracking of their online activity were both given additional time by the U.S. Supreme Court to respond to a petition for certiorari by a class member who objects to awards for attorney fees and class representative service awards that were part of a $90 million settlement of the privacy class action.
November 18, 2024
Former Jailed Worker Waives Response To Maryland County’s Wage-And-Hour Petition

WASHINGTON, D.C. — A former detainee who brought collective and class wage-and-hour claims against a Maryland county waived his right to respond to Baltimore County’s petition for a writ of certiorari that asks the U.S. Supreme Court to decide “[w]hether inmates working in furtherance of public works projects for the government charged with their custody and care” are employees under the Fair Labor Standards Act (FLSA).
November 15, 2024
Gamers Bring Class Suit Against Developers For Online Racing Game’s Shutdown

SACRAMENTO, Calif. — Two video game players filed a putative class action lawsuit in California federal court accusing developers of an online racing video game known as The Crew of violating California’s unfair competition law (UCL) by shutting down servers to the game, thereby terminating players’ access to the game permanently, which they compare in their suit to a manufacturer coming “into your home” and removing a product you previously paid for.
November 15, 2024
Majority Affirms Ruling In Last Resort Insurer’s Favor In Hurricane Coverage Suit

BATON ROUGE, La. — A majority of a First Circuit Louisiana Court of Appeal panel held that a lower court properly interpreted the state Legislature's amendment of Louisiana Revised Statutes Section 22:1892(H) by Act 290 to be a procedural change that applied retroactively and, as a result, eliminated any class action for damages, including bad faith penalties, brought against the state’s insurer of last resort.
November 15, 2024
Correction Of $92M Attorney Fee Sought In Insurers’ ACA Dispute With Government

WASHINGTON, D.C. — Objecting class members and class counsel on Nov. 14 urged the U.S. Court of Federal Claims to correct the $92,424,335.84 judgment awarded to class counsel in a risk-corridor payment dispute under the Patient Protection and Affordable Care Act (ACA), with class counsel arguing that the attorney fee owed to it should come from the nondispute subclasses
November 15, 2024
$7.1M Class Settlement Of Suit Over ESOP Deals Wins Preliminary Approval

EAST ST. LOUIS, Ill. — An Illinois federal judge on Nov. 14 granted preliminary approval to a $7.1 million class settlement that plaintiffs who sued over 2012 and 2013 employee stock ownership plan (ESOP) deals said would amount to “20% of the most conservative estimate of losses.”
November 14, 2024
Baby Bottle Makers Seek Dismissal Of Consumers’ Claims Over Undisclosed Microplastics

SAN FRANCISCO — Two plastic baby bottle makers moved to dismiss separate putative class action complaints brought against them in California federal court by mothers who say the companies violate California’s unfair competition law (UCL) and other laws by failing to disclose the risk that their baby bottles and sippy cups “leach harmful microplastics directly into the food and drink of vulnerable babies and young children.”
November 14, 2024
Class, Wawa Ask 3rd Circuit To Affirm Attorney Fees Award In Data Breach Suit

PHILADELPHIA — Wawa Inc. and a group of consumers who sued it over a 2019 data breach filed briefs with the Third Circuit U.S. Court of Appeals defending a $3 million attorney fees award that is part of a $9 million class action settlement agreement, asserting that the award was not the product of collusion and satisfies Federal Rule of Civil Procedure 23 and asking the court to affirm the award and to reject objections a class member raises on his second appeal of the matter.
November 14, 2024
Ovulation App Privacy Claims Against Analytics Firm Stayed Pending Settlement

SAN FRANCISCO — Putative class privacy claims against an analytics firm related to purported data sharing via the Flo Period & Ovulation Tracker app were stayed by a California federal judge, who granted a joint motion by the company and a group of the app’s users after they jointly announced a settlement of the claims.
November 14, 2024
Split 9th Circuit Rules On Schools’ Standing To Challenge Loan Settlement

SAN FRANCISCO — Three for-profit universities that alleged that their inclusion on a settlement exhibit in a class case over the U.S. Department of Education’s (DOE) alleged backlog of hundreds of thousands of unprocessed applications for borrower defense relief damaged their reputation showed that they had standing under Article III of the U.S. Constitution but lacked prudential standing to challenge final settlement approval, a split Ninth Circuit U.S. Court of Appeals panel ruled.
November 14, 2024
Google Play Gift Card Scam Victim Says Discovery Should Continue Pending Amendment

SAN JOSE, Calif. — A putative class action plaintiff accusing Google LLC and affiliated companies of violating California’s unfair competition law (UCL) by failing to protect consumers from Google Play gift card scammers, whose complaint was recently dismissed with leave to amend, filed a brief in California federal court opposing the court’s reconsideration of a stay of discovery while she prepares an amended complaint.
November 14, 2024
Employers Of Chauffeurs File Cross-Appeal After $2.5M Wage Settlement OK’d

PHOENIX — The employers of chauffeur drivers who brought a class and collective action wage-and-hour complaint in a federal court in Arizona filed a notice of cross-appeal as to judgment and nine orders issued over the course of four years; the filing followed final approval of a $2.5 million settlement between the drivers and the employers.
November 14, 2024
Ill. County, Sheriff Ask U.S. High Court To Rule On Standing, Class Service Award

WASHINGTON, D.C. — An Illinois county and sheriff accused by a former detainee of denying him and others sufficient dental care filed a petition for a writ of certiorari in the U.S. Supreme Court asking the justices to decide whether the detainee as a putative class representative has standing under Article III of the U.S. Constitution to continue the litigation and seek an incentive award after receiving relief on his individual claims.
November 13, 2024
Final Judgment For Class Is Entered In ERISA Row Over 1989 Plan Conversion

HOUSTON — More than seven months after issuing findings of fact and conclusions of law following the conclusion of a 14-day bench trial, a Texas federal judge on Nov. 12 granted final judgment for a class in an Employee Retirement Income Security Act suit over the 1989 conversion of a retirement plan, briefly adopting “Defendants’ proposal regarding the appropriate form of equitable relief.”