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

Mealey's Class Actions

September 27, 2024
Settlement In Principle Reached In Walgreens Lidocaine Labeling Class Suit

CHICAGO — A status hearing in a putative class complaint by consumers who accuse Walgreen Co., doing business as Walgreens, of misleading labeling on certain lidocaine products was delayed via a docket entry by a clerk in a federal court in Illinois on Sept. 26 after the parties stated that they reached a settlement in principle.
September 26, 2024
Tobacco Companies Urge Dismissal Of Nicotine Pouch Youth Marketing Claims

HARTFORD, Conn. — Philip Morris International Inc. (PM) and Swedish Match North America LLC filed motions in Connecticut federal court urging dismissal of a Zyn nicotine pouch consumer’s putative class action suit accusing them violating Florida consumer protection statutes by targeting youth and deceptively advertising the pouch products as a “safer and healthier alternative to smoking.”
September 26, 2024
In Camera Review Showed Amazon Used Privilege Designation Too Broadly

SEATTLE — Saying that almost 80% of the documents produced for in camera review “were improperly designated or over-designated as” subject to attorney-client privilege, a Washington federal judge ordered Amazon.com Inc. to make a variety of productions to plaintiffs who sued it over the unauthorized recording and retention of private conversations.
September 26, 2024
3rd Circuit Affirms Dismissal Of ERISA Suit Over $65M In Drug Rebates

NEWARK, N.J. — A Third Circuit U.S. Court of Appeals panel on Sept. 25 upheld dismissal of an Employee Retirement Income Security Act suit concerning approximately $65 million in drug rebates for lack of standing but said it doesn’t read two key precedents as “broadly” as the trial court did.
September 25, 2024
Plaintiffs, Google Update Status Of Suit Over $5.5M Cookie Privacy Suit Settlement

WILMINGTON, Del. — Following the lifting of a stay in a lawsuit where the plaintiffs sued Google LLC for purported privacy violations, the parties filed a joint status report in a Delaware federal court saying the 12-year-old case is “essentially at the same procedural posture as in 2015” after the court denied final approval of a $5.5 million settlement. The plaintiffs noted that they have prepared discovery to address class issues and proceed to class certification, asserting that if they are able to demonstrate that the putative class is ascertainable, then the settlement should be granted final approval.
September 25, 2024
Norfolk Southern: Investors Attempt To ‘Concoct’ Securities Case From Train Crash

ATLANTA — Norfolk Southern Corp. and its principals filed a reply brief in Georgia federal court arguing that it should dismiss a securities fraud class action filed against them related to the train derailment in East Palestine, Ohio, on grounds that the plaintiffs “attempt to concoct securities fraud claims” out of the crash and the stock price declines that followed it.
September 25, 2024
Class Settlements Totaling $14.5M Get Preliminary OK In Suit Over ESOP Deal

WILMINGTON, Del. — A Delaware federal judge on Sept. 24 granted preliminary approval to two class settlements the plaintiffs said would sit “at the high end of the range of settlements resolving” similar employee stock ownership plan (ESOP) claims, with a combined recovery of $14.5 million that would average “about $41,076 per Class Member before fees, costs, and expenses.”
September 25, 2024
Investors, Facebook Agree On Risk Question, Disagree On What High Court Should Do

WASHINGTON, D.C. — Meta Platforms Inc., formerly Facebook Inc., investors tell the U.S. Supreme Court in a Sept. 24 respondent brief that they agree with Facebook as to the answer to the limited question before the justices regarding disclosure of immaterial past risks but argue that the Ninth Circuit U.S. Court of Appeals’ ruling should be upheld as it was correct when it opined that Facebook issued misleading statements about the risk of potential misuse of user data because the company was aware that it had already occurred.
September 25, 2024
Most Claims Survive Dismissal In Forta Data Breach MDL Case

MIAMI — Ruling that the plaintiffs in a consolidated putative class action arising from a 2023 data security breach adequately allege standing, a Florida federal judge granted dismissal for failure to state a claim only as to all or part of 11 of the 27 claims; he said he would allow repleading on four of the claims, but the plaintiffs opted to forgo repleading.
September 24, 2024
Google Partially Granted Summary Judgment In Ovulation Tracking App Suit

SAN FRANCISCO — Female consumers who used the Flo Period & Ovulation Tracker app and are now suing the app creator and third parties for privacy and contract violations as well as unfair competition law (UCL) claims under California law abandoned their defense of their UCL claims against Google LLC and failed to show that Google has actual knowledge of the alleged practices, a federal judge in California ruled Sept. 23, partially granting Google’s motion for summary judgment.
September 24, 2024
Data Breach Class Suit Against Casino Operator May Proceed, Judge Rules

LAS VEGAS — A Nevada federal judge granted in part and denied in part a casino operator’s motion to dismiss putative class action claims against it for negligence, violation of California’s unfair competition law (UCL) and other statutes on behalf of a nationwide class and a California subclass in relation to a 2022 breach of its servers that led to the leak of more than 200,000 people’s personal identifying information (PII).
September 23, 2024
Confidentiality Stipulation Filed In $300M Ponzi Fraud Case Involving Insurers

MIAMI — Plaintiffs and defendant Wells Fargo filed a confidentiality stipulation in a Florida federal court in a putative class action suit alleging that Wells Fargo aided and abetted fraud in a “massive” Ponzi scheme purportedly orchestrated by owners of insurers, some of whom are now in receivership, resulting in elderly investor victims losing more than $300 million after scheme operators sold them promissory notes secured by collateral in stranger-oriented life insurance policies (STOLIs).
September 23, 2024
Catholic University’s $2M Coronavirus Closure Settlement Preliminarily OK’d

WASHINGTON, D.C. — A federal judge in the District of Columbia granted preliminary approval of a $2 million class settlement reached between a student and The Catholic University of America over claims that the school failed to provide students with the full value of their education in spring 2020 when the school, like many others around the country, closed its campus due to the coronavirus pandemic.
September 23, 2024
9th Circuit Orders More Briefing In ERISA Tobacco Surcharge Arbitration Dispute

SAN FRANCISCO — Following oral argument in which the U.S. Department of Labor (DOL) participated as amicus curiae supporting application of the effective vindication doctrine in a putative class case, a Ninth Circuit U.S. Court of Appeals panel ordered supplemental briefing in the Employee Retirement Income Security Act case over a tobacco surcharge.
September 20, 2024
Judge Gives $3M Securities Class Settlement Final OK, Lowers Attorney Fee

LOS ANGELES — A California federal judge granted final approval of a $3 million settlement of a suit over alleged violation of federal securities laws but, without specific explanation, awarded class counsel about $44,000 less than the $1 million attorney fee requested.
September 20, 2024
Preliminary Approval Of $40M Settlement Sought In Securities Fraud Class Suit

BALTIMORE — Lead plaintiffs in a securities fraud class suit filed against a COVID-19 vaccine contractor that experienced contamination issues at its Bayview, Md., manufacturing facility and several of its executives seek preliminary approval of a $40 million settlement reached between the parties.
September 19, 2024
Judge Approves $6.5M Settlement For Breach Of Prisoners’ Health Data

LEXINGTON, Ky. — A Kentucky federal judge on Sept. 17 granted final approval of a nearly $6.5 million class action settlement including $2.1 million in attorney fees against a claims administrator for correctional facilities for a 2022 data breach that led to the personal health data of nearly 600,000 people being posted online.
September 19, 2024
Class Counsel Get A Third Of $7.5M Settlement In ERISA Proprietary Trusts Row

FLORENCE, S.C. — A $7.5 million global class settlement in an Employee Retirement Income Security Act suit over a retirement plan’s use of proprietary collective investment trusts (CITs) has been granted final approval, with a South Carolina federal judge awarding $2.5 million of the settlement for attorney fees, $100,000 for service awards and $659,240.95 for litigation expenses.
September 19, 2024
Preliminary Approval Of Settlement Granted In Payroll Processor Data Breach Suit

LOS ANGELES — A California state court judge granted preliminary approval of a settlement in a putative class action suit against an entertainment industry payroll processor whose alleged failure to implement cybersecurity measures to protect the plaintiffs’ personally identifiable information (PII) resulted in a data breach impacting more than 450,000 individuals, staying litigation in the case pending final approval of the settlement.
September 19, 2024
Sending Google Settlement Funds To Only Cy Pres Groups ‘Legal Error,’ Objectors Say

SAN FRANCISCO — Approval of a plan to distribute most of a $62 million settlement in a consolidated class action over Google Inc.’s collection of users’ location data to cy pres organizations while class members receive nothing runs afoul of a revised rule of federal procedure, warranting reversal and remand, three settlement objectors tell the Ninth Circuit U.S. Court of Appeals in their opening brief.
September 19, 2024
MrBeast Game Show Contestants File Wage, Harassment Class Complaint

LOS ANGELES — Five unnamed contestants of Beast Games, a game show produced in part by MrBeast and Amazon Alternative LLC, filed a class complaint in a California court accusing Amazon and others of wage-and-hour violations, harassment and unfair business practices after they say they were told they would be competing with 1,000 people for a $5 million prize but the odds of winning were actually far less when they began competing.
September 19, 2024
Maryland State Police Officers’ Race Bias Class Claims Trimmed By Federal Judge

GREENBELT, Md. — A federal judge in Maryland partially dismissed putative class claims of racial discrimination by three Maryland state police officers who accuse the Maryland Department of State Police (MSP) and individual officials of ongoing discrimination against officers of color, leaving in place the officers’ claims for bias and retaliation under Title VII of the Civil Rights Act of 1964 and Maryland law against MSP only.
September 19, 2024
Failure To Allege NFL Prerecorded Videos Were Viewed Deemed ‘Fatal’ To VPPA Claim

NEW YORK — A federal judge in New York dismissed a putative class complaint accusing the National Football League of violating the Video Privacy Protection Act (VPPA) by sharing personal data about users of the NFL’s website, mobile application and video service with a third party, opining that the lead plaintiff’s failure to allege that prerecorded videos were viewed was “fatal” to the complaint.
September 19, 2024
Appeal Is Filed Over Dismissal Of Case Ruled Untimely In ACA Reinsurance Dispute

WASHINGTON, D.C. — Dismissal of a group health plan’s claims regarding allegedly illegal exactions made under the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA) is being appealed to the Federal Circuit U.S. Court of Appeals.
September 19, 2024
Planned Parenthood’s $6M Data Breach Class Settlement Given Final OK

LOS ANGELES — A $6 million settlement by Planned Parenthood Los Angeles (PPLA) to end a consolidated class complaint accusing the reproductive health care provider of failing to protect patients’ personally identifiable information and protected health information from being accessed and stolen was granted final approval by a California judge, following the submission of additional documentation.