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

Mealey's Class Actions

June 19, 2024
Medical Supply Company Seeks Extension For Response In TCPA FCC Rule Appeal

WASHINGTON, D.C. — A medical supply company accused of sending unsolicited faxes in violation of the Telephone Consumer Protection Act (TCPA) on June 18 filed a request in the U.S. Supreme Court for an additional month for its response to a chiropractic practice’s petition for a writ of certiorari seeking a decision on whether the Federal Communications Commission’s interpretation of the TCPA must be accepted, a question that the practice says the high court was set to rule on five years ago.
June 19, 2024
Star Tribune’s $2.9M Video Privacy Protection Act Class Settlement Granted Final OK

MINNEAPOLIS — A federal judge in Minnesota granted final approval of a $2.9 million settlement to be paid by Star Tribune Media Co. LLC to end class claims alleging that it violated the Video Privacy Protection Act (VPPA) when it shared its website subscribers’ video viewing history with Facebook.
June 19, 2024
California Class Complaint Accuses Apple Of Paying Women Less Than Men

SAN FRANCISCO — Apple Inc. “systematically” pays females employees lower wages than similarly situated male employees, a putative class complaint filed in a California court by two female employees alleges.
June 18, 2024
In Latest Suit, Women Seek Medical Monitoring Over Johnson & Johnson Talc

TRENTON, N.J. — Women filed a putative class action in a New Jersey federal court against various Johnson & Johnson (J&J) entities on June 17 alleging fraud and misrepresentation among other claims and seeking medical monitoring for all women who used talc-based products on their genital area over a four-year period starting in 1960 and have not yet filed suit against the companies.
June 18, 2024
9th Circuit Affirms Dismissal Of Power Monitoring Claims Against Solar Company

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals on June 17 affirmed the dismissal of a consumer’s putative class action suit against a solar panel manufacturer for violation of California’s unfair competition law (UCL) and other laws, finding that the manufacturer did not guarantee that it could provide power production monitoring indefinitely and explicitly warned customers that its third-party monitoring service could be phased out.
June 18, 2024
2nd Circuit Vacates Addition Of Former Subsidiary In Wage Class Case, Remands

NEW YORK — A trial court erred when it joined an employer’s former subsidiary as a necessary party in a wage-and-hour putative class suit and when it dismissed the case for lack of jurisdiction under the Class Action Fairness Act (CAFA), the Second Circuit U.S. Court of Appeals ruled in a summary order, vacating the judgment in the former employee’s case and remanding for further proceedings.
June 18, 2024
Cheese Makers, Workers Settle Wage Claims After Verdict For Employers

FRESNO, Calif. — A $3.5 million settlement negotiated between Leprino Foods Co. and Leprino Foods Dairy Products Co. (together, Leprino) and workers whose wage-and-hour class claims resulted in a jury verdict for Leprino was granted final approval by a federal magistrate judge in California on June 17.
June 18, 2024
Panera $4 Million Advertised Delivery Fee Settlement Ends 3 Class Lawsuits

ST. LOUIS — A class settlement between a fast food chain and customers with a value of more than $4 million was approved by a Missouri judge, ending three class complaints alleging that Panera Bread Co. and Panera LLC (together, Panera) falsely advertised no- or low-cost delivery fees while charging customers additional hidden charges when food delivery increased in popularity during the COVID-19 pandemic.
June 18, 2024
$2.5M Wage-And-Hour Settlement For Arizona Chauffeurs Preliminarily OK’d

PHOENIX — A federal judge in Arizona granted preliminary approval of a $2.5 million class settlement between employers and chauffer drivers who say that they were improperly denied minimum, straight and overtime wages.
June 17, 2024
9th Circuit: Class Scope Ambiguity ‘Should Be Resolved In Favor Of Tolling’

SAN FRANCISCO — Where a class definition is narrowed, any dispute or ambiguity regarding the applicability to certain plaintiffs “should be resolved in favor of tolling so that bystander members of the class need not rush to file separate actions to protect their rights,” the Ninth Circuit U.S. Court of Appeals ruled June 14, answering a question the panel stated was one of first impression.
June 17, 2024
9th Circuit Affirms Dismissal Of UCL Suit Against Energizer Over ‘50% Longer’ Claims

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on June 14 affirmed a district court’s dismissal of putative class action claims that a new variety of “Energizer” brand batteries was deceptively marketed as “up to 50% longer lasting,” finding that the battery labels contain qualifying statements and do not violate California consumer protection laws.
June 17, 2024
Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal

SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.
June 17, 2024
StubHub, Ticket Purchasers Dismiss 28 Class Claims In Pandemic Cancellation Suit

OAKLAND, Calif. — StubHub Inc. and the ticket purchasers who accuse StubHub in a consolidated class complaint in a federal court in California of changing its refund policies for events canceled or rescheduled due to the COVID-19 pandemic filed a stipulation to dismiss 28 of the 31 claims, leaving in place claims under California’s Consumers Legal Remedies Act (CLRA), unfair competition law (UCL) and false advertising law (FAL).
June 17, 2024
2 Objectors Seek High Court Review Of $2.67B Health Insurance Antitrust Settlement

WASHINGTON, D.C. — Two objectors who are separately challenging a $2.67 billion health insurance settlement filed replies in the U.S. Supreme Court urging the justices to take up their appeals concerning the release of future claims and the reasonableness of the attorney fee award.
June 14, 2024
Norfolk Southern: Third-Party Defendant’s Bid To Seal Is ‘Misleading On The Facts’

YOUNGSTOWN, Ohio — Norfolk Southern Railway Co. and Norfolk Southern Corp. (Norfolk Southern, collectively) filed a brief in Ohio federal court arguing that it should deny a motion to seal expert reports filed by a third-party defendant in the litigation stemming from alleged injuries from the release of toxic chemicals at the 2023 train derailment in East Palestine, Ohio, arguing that the motion to seal is “misleading on the facts.”
June 14, 2024
Mortgagor Seeks Roughly $61M Settlement For Lender’s ‘Junk Fees’

SACRAMENTO, Calif. — A mortgagor moved in California federal court for final approval of a proposed settlement worth more than $53 million to reimburse more than 330,000 class members charged “hidden junk fees” in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and California’s unfair competition law (UCL) and separately moved for more than $8 million in attorney fees and costs.
June 14, 2024
California Federal Judge Denies Motion To Transfer Defeat Devices RICO Case

SAN FRANCISCO — After examining the factors for transferring cases, a California federal judge declined to transfer claims brought against a car manufacturer and engine manufacturer that are alleged to have violated the Racketeer Influenced and Corrupt Organizations Act (RICO) and California state law by installing defeat devices on a line of trucks to avoid state and federal emissions standards.
June 14, 2024
9th Circuit Denies Apple’s Bid To Appeal Class Certification In IPhone Antitrust Suit

SAN FRANCISCO — A pair of Ninth Circuit U.S. Court of Appeals judges denied a petition by Apple Inc. to pursue an interlocutory appeal of a district court’s certification of a class of users of iPhones and other devices in a suit alleging anticompetitive practices by the tech giant related to apps and in-app purchases (IAPs).
June 14, 2024
Mortgage Lender Did Not Violate Maryland Law By Receiving Commission From Insurer

BALTIMORE — A federal judge in Maryland has held that a mortgage lender did not violate the Credit Grantor Closed End Credit Provisions (CLEC) by receiving a commission from a third-party insurer because the CLEC is inapplicable to the lender’s receipt of a commission, granting the lender’s motion for judgment on the pleadings in a putative class action challenging its charge and collection of the insurance premiums.
June 13, 2024
Judge Dismisses Jackson Water Case, Says Constitutional Violation Not Established

JACKSON, Miss. — A federal judge in Mississippi has dismissed claims for violation of bodily integrity and state-created danger brought by residents against the city of Jackson, and it has dismissed all claims against individual plaintiffs, related to the drinking water contamination in that city because the plaintiffs did not establish a “facially plausible constitutional violation.” The remaining claims against the city and an engineering firm for negligence remain active.
June 13, 2024
Talc Plaintiffs Seek To Confine Proposed J&J Bankruptcy To New Jersey

TRENTON, N.J. — A federal judge in New Jersey in a June 12 docket entry expedited briefing on talc plaintiffs’ motion seeking to enjoin Johnson & Johnson or its subsidiaries from declaring bankruptcy anywhere other than New Jersey. The plaintiffs in the case claim that Johnson & Johnson performed a series of fraudulent transfers and bad faith bankruptcy filings to escape asbestos-talc liabilities.
June 13, 2024
Judge Approves $400K Settlement With Attorney Fees Against Gopuff Shopping App

LOS ANGELES — A California federal judge granted final approval of a $400,000 settlement including $100,000 in attorney fees by shopping delivery company Gobrands Inc., d/b/a Gopuff, to resolve claims by Gopuff app users for violation of California’s unfair competition law (UCL) and automatic renewal law (ARL) by not obtaining users’ consent before charging them monthly recurring fees.
June 13, 2024
Judge Allows Class Claim Against Cookie Company Over Unfair Service Fees

SACRAMENTO, Calif. — A California federal judge granted in part and denied in part a cookie retailer’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by deceptively charging a 2.95% service fee to customers who purchased cookies using the company’s mobile app.
June 12, 2024
Judge Nixes Government’s Bid To Stop Expert’s Deposition In Camp Lejeune Case

RALEIGH, N.C. — On June 11, a federal magistrate judge in North Carolina denied a motion by the U.S. government that sought a protective order to prevent its expert, Christopher Portier, from providing deposition testimony, ruling that the government’s arguments regarding the burden of compliance with international and Italian law are “unavailing.”
June 12, 2024
Judge Grants Initial Approval To $750M Deal To Settle Drinking Water AFFF Claims

CHARLESTON, S.C. — A federal judge in South Carolina on June 11 granted preliminary approval to a $750 million settlement of class claims by municipalities and water authorities against two manufacturers related to drinking water contamination from per- and polyfluoroalkyl substances (PFAS) in the firefighting agent aqueous film forming foam (AFFF).