Mealey's Class Actions
-
November 04, 2024
Energy Company, Execs Win Dismissal Of Securities Suit Concerning Hawaiian Fire
SAN FRANCISCO — Ruling in part that shareholders didn’t sufficiently allege that some challenged statements were false or misleading, a California federal judge granted dismissal with leave to amend in a putative class case over claims that an energy company in Hawaii and certain of its executives made false claims about the company’s level of preparedness for events such as the August 2023 wildfires in Maui.
-
November 04, 2024
LinkedIn Seeks Dismissal Of Wiretap, Privacy Claims In California Court
SAN JOSE, Calif. — In the first of at least five lawsuits accusing LinkedIn Corp. of privacy violations related to its use of tracking pixels on advertisers’ websites, the professional network operator filed a motion in California federal court to dismiss the putative class action, calling it an attempt “to attack routine website analytics tools as a criminal wiretap.”
-
November 01, 2024
Applying Texas Law To Biometric Privacy Suit, Judge Dismisses Illinois Law Claims
DALLAS — Finding a Texas forum selection clause on Match Group Inc.’s websites to be valid, a Texas federal judge granted the company’s motion to dismiss putative class claims against it under the Illinois Biometric Information Privacy Act (BIPA), ruling that they failed as a matter of law.
-
October 31, 2024
Judge Grants Final Approval To Nearly $20M Settlement Of Ticket Insurance Suit
SAN FRANCISCO — A California federal judge granted final approval to a nearly $20 million settlement resolving claims that insurers including Allianz Global Assistance (AGA) violated California’s unfair competition law (UCL) and other laws in relation to its online marketing of travel and event insurance, with the plaintiffs’ attorneys awarded nearly $5 million in attorney fees.
-
October 31, 2024
Negligence Claim Against Software Firm After Data Breach Dismissed Again
SAN JOSE, Calif. — The creator of a file transfer program failed to establish that the facts alleged about a negligence claim in an amended class complaint were sufficiently different from the original complaint to merit dismissal of the claim that was previously dismissed, a California federal judge ruled, denying the software firm’s renewed dismissal motion in a lawsuit over a 2020 data breach.
-
October 31, 2024
11th Circuit Won’t Revive ERISA Suit Over FTCs Against Service Provider
ATLANTA — Saying two Employee Retirement Income Security Act claims challenging a 401(k) plan service provider’s retention of foreign tax credits (FTCs) “present issues of first impression,” an 11th Circuit U.S. Court of Appeals panel on Oct. 30 affirmed summary judgment against the class, ruling that the FTCs were not plan assets and that the service provider was not a functional fiduciary.
-
October 31, 2024
Judge Allows Breach Of Contract Class Claim For Bank’s Cash Advance Fees
SAN DIEGO — A California federal judge granted in part and denied in part dismissal of a putative class action against Capital One NA asserting claims for violation of California’s unfair competition law (UCL) and breach of contract for failing to warn her that her payment over Venmo for a beauty treatment would be processed as a cash advance, causing her to incur fees that accrue interest.
-
October 31, 2024
Privacy Claims Against YETI Did Not Establish Derivative Liability, Judge Finds
SAN FRANCISCO — A customer of YETI Coolers LLC failed to show that the company was aware that its payment processing partner was improperly retaining and using consumers’ personally identifiable information (PII) or intentionally participated in these actions, a California federal judge found, granting YETI’s motion to dismiss putative class claims against it for invasion of privacy.
-
October 31, 2024
Final Judgment Issued After Approval Of Up To $145M Kia, Hyundai Theft Settlement
SANTA ANA, Calif. — A federal judge in California issued final judgment as to all consumer class cases in the multidistrict litigation over the theft of Kia and Hyundai vehicles; the judgment came several weeks after final approval of the up to $145 million settlement for consumers who allege that design flaws permit thieves to steal their vehicles in less than two minutes.
-
October 30, 2024
Class Seeks To Burst Hershey’s Bubble, Says Gum Increases Risk Of PFAS Exposure
LOS ANGELES — A man in California has filed a putative class action against the Hershey Co. in state court contending that its bubble gum called “Bubble Yum” contains organic fluorine, which places consumers at risk of exposure to per- and polyfluoroalkyl substances (PFAS) in violation of state codes, including those pertaining to false advertising.
-
October 30, 2024
College Students: Schools Conspired Over Financial Aid, Noncustodial Parent Assets
CHICAGO — Two university students, one current and one former, filed a putative class complaint against College Board and more than three dozen colleges and universities in a federal court in Illinois alleging that the defendants conspired to require students to submit aid information for noncustodial parents and included that information when determining students’ need-based financial aid.
-
October 30, 2024
Judge Bars Economics Expert In Avandia Third-Party Payer’s Bid For Class Action
PHILADELPHIA — The Pennsylvania federal judge overseeing the Avandia multidistrict litigation agreed with GlaxoSmithKline PLC (GSK) that an economic expert retained by third-party payers who bought the diabetes pill and are seeking class certification cannot testify under Daubert v. Merrell Dow Pharmaceuticals Inc.
-
October 30, 2024
‘Ghost Networks’ Are Subject Of Putative Class Action Against Health Insurers
NEW YORK — Challenging what they call “ghost networks” under federal and New York law, plaintiffs sued health insurers that operate as Anthem Blue Cross and Anthem Blue Cross and Blue Shield in New York federal court, seeking to represent a putative class of participants in Anthem’s Federal Employees Health Benefits (FEHB) program.
-
October 30, 2024
Objectors Appeal $17.3M Attorney Fees Award In Settled Oil, Gas Royalty Class Suit
OKLAHOMA CITY — Two objectors in an oil and gas royalty payments class lawsuit that has gone on for more than a dozen years and that was settled for $52 million filed two separate notices of appeal after a federal judge in Oklahoma granted a renewed motion for $17,333,333 in attorney fees.
-
October 30, 2024
Interlocutory Appeal Filed After Dismissal Ruling In NYC Workers’ Vaccine Case
BROOKLYN, N.Y. — New York City workers who filed a putative class lawsuit after they were placed on leave for refusing a COVID-19 vaccine or claim that they were “coerced” into getting the vaccine filed a notice of interlocutory appeal after a federal judge in New York largely dismissed their claims.
-
October 30, 2024
Credit Unions Seek Final OK Of Wawa Data Breach Suit Settlement, Fees Award
PHILADELPHIA — One year after preliminary approval was given to a settlement between a class of financial institutions (FIs) and Wawa Inc. in a suit over a 2019 data breach experienced by the convenience store chain, the FIs filed a motion in Pennsylvania federal court for final approval of the settlement, which is valued at $28.5 million, as well as a motion for an attorney fees and costs award of $8.5 million.
-
October 29, 2024
For-Profit University Settles Claims Of Fraudulent Degree Scheme For $28.5 Million
BALTIMORE — A for-profit university accused by students of “exploiting” Black and female doctor of business administration (DBA) students by advertising the program as one that can be completed in a “reasonable” amount of time for a “reasonable” cost while knowing “that degree to be much more expensive” will settle class claims for $28.5 million, according to an agreement approved by a federal judge in Maryland.
-
October 29, 2024
College’s $575,000 Settlement With Students Over Pandemic Refunds Granted Final OK
HARRISBURG, Pa. — A federal judge in Pennsylvania on Oct. 28 granted final approval of a $575,000 settlement to be paid by Lebanon Valley College (LVC) to end a class complaint by students seeking refunds for tuition and fees after classes switched from in-person to remote in response to the coronavirus pandemic; separately, the judge awarded attorney fees, expenses and a $2,500 class contribution award the same day.
-
October 29, 2024
Parties To Google AI Copyright Suits Stipulate To Consolidation
SAN JOSE, Calif. — Parties in two California federal class actions challenging the use of data in the training of artificial intelligence stipulated to consolidation with previously related cases in the wake of a motion asking for such relief by Google LLC and its parent Alphabet Inc.
-
October 29, 2024
Settlement With 7th Prevailing Defendant In Chicken Price-Fixing Suit Approved
CHICAGO — A federal judge in Illinois granted final approval of a settlement in an antitrust case accusing broiler sellers of fixing the prices for chicken between direct-purchaser plaintiffs (DPPs) and the seventh and final prevailing defendant, which eliminates the DPPs from having to pay litigation costs; the agreement as to the six other prevailing defendants was granted final approval in July.
-
October 29, 2024
Religious Bias Claims By 30 Dismissed In Mass Action Over Airline’s Vaccine Mandate
HONOLULU, Hawaii — A federal judge in Hawaii granted an airline’s motion to partially dismiss discrimination claims made by workers in a mass action filed after a vaccine policy was implemented in August 2021 in the midst of the coronavirus pandemic.
-
October 29, 2024
Initial OK Given To $525,000 Settlement Of Philadelphia Inquirer Data Breach Suit
PHILADELPHIA — Granting an unopposed motion to preliminarily approve the settlement of a putative class action brought by past and present employees against the Philadelphia Inquirer over a 2023 data breach, a Pennsylvania federal judge deemed the proposed agreement, which includes a $525,000 settlement fund, to be “fair, reasonable and adequate.”
-
October 28, 2024
SoClean: Philips Shows No Economic Loss; CPAP Class Action Should Be Tossed
PITTSBURGH — SoClean Inc., a manufacturer of equipment that uses ozone to clean and disinfect continuous positive air pressure (CPAP) sleep apnea devices and respirators, moved to dismiss a putative class action filed by a manufacturer of recalled CPAP machines that reached a settlement in a related multidistrict litigation to resolve economic losses and argues that it should represent the MDL plaintiffs’ interests in its suit against SoClean.
-
October 28, 2024
Judge Grants Preliminary OK To $20M Settlement Over Apple Watch Battery Swelling
SAN FRANCISCO — A California federal judge on Oct. 25 granted a motion for preliminary approval of a $20 million settlement between Apple Inc. and plaintiffs who sought damages from Apple on behalf of a nationwide class for violating California’s unfair competition law (UCL) and other laws based on a battery swelling defect with early-model Apple Watches that in some cases caused watch screens to detach or shatter.
-
October 28, 2024
Docs Put On Record After Oral Argument In ERISA Pension Risk Transfer Case
GREENBELT, Md. — After oral argument on the only fully briefed dismissal motion among the similar recent putative class actions challenging pension risk transfers (PRTs) under the Employee Retirement Income Security Act, Lockheed Martin Corp. filed 10 documents at the direction of a Maryland federal judge.