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Mealey's Class Actions

  • September 17, 2025

    4th Circuit Will Consider Standing Issue In ERISA Pension Risk Transfer Case

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals has agreed to allow an interlocutory appeal of a ruling that retirees had standing to file a putative class lawsuit that is part of a much-watched recent string of Employee Retirement Income Security Act cases challenging pension risk transfers (PRTs) where, among other things, retirees allege that the use of offshore captive reinsurers makes annuity providers riskier.

  • September 17, 2025

    Data Breach Suit Against Casino Mostly Survives Dismissal

    LAS VEGAS — The operator of a casino that was hit by a data breach in 2024 saw its motion to dismiss putative class privacy, negligence and unfair competition claims mostly denied by a Nevada federal judge, who found that a group of customers and former employees adequately alleged most of their claims and supported them with assertions of cognizable injuries.

  • September 17, 2025

    Judge Dismisses Putative Class Over Alleged Faulty Genetic Testing For Embryos

    WILMINGTON, Del. — A Delaware federal judge found that a group of consumers alleging that they would not have purchased preimplantation genetic testing for aneuploidy (PGT-A) if they had known of its failure rates lacked standing for failing to state an injury and dismissed the putative class complaint without prejudice.

  • September 16, 2025

    6th Circuit Upholds No Standing Ruling In Contaminated Peanut Butter Class Case

    CINCINNATI — Consumers who brought putative class claims after peanut butter products were voluntarily recalled following an investigation into a Salmonella outbreak failed to show injury in fact and failed to raise an alternate claim of “adulterated” products before the trial court, the Sixth Circuit U.S. Court of Appeals ruled, affirming a trial court’s dismissal in an unpublished opinion.

  • September 16, 2025

    Pension Funds Fail To Plead Falsity Regarding Airplane Part Defects

    NEW HAVEN, Conn. — A federal judge in Connecticut dismissed pension funds’ securities fraud class action against an American multinational aerospace and defense corporation and certain of its officers and directors, finding the pension funds did not adequately plead falsity or scienter regarding statements made about a powdered metal defect in airplane engine parts the company manufactured.

  • September 16, 2025

    Judge Partly Grants Certification In Suit Over Origin Of ‘Japanese’ Alcohol

    SAN FRANCISCO — A California federal magistrate judge on Sept. 15 granted a consumer’s motion to certify a class seeking injunctive relief against a U.S. company accused of marketing Japanese sake in a manner that would deceive consumers into believing that it is imported from Japan when it is actually manufactured in California in violation of California’s unfair competition law (UCL) but refused to certify a class seeking damages.

  • September 16, 2025

    ‘Problematic’ Talc Securities-Class Ruling Requires Rehearing, J&J Warns

    PHILADELPHIA — A panel opinion allowing courts to put aside the rigorous analysis traditionally required for class certification and creating a new standard for price impact disclosures in securities actions will have a “problematic” influence in district court cases involving billions of dollars, Johnson & Johnson entities defending claims that they hid the presence of asbestos in talc from shareholders tell the Third Circuit U.S. Court of Appeals.

  • September 16, 2025

    Judge Certifies New York Class, Denies California Class In Elderberry Extract Suit

    SAN DIEGO — A California federal judge granted a motion to certify a New York state class accusing the maker of a dietary supplement that contains elderberry extract of deceiving consumers with misleading label statements, denied the motion as to a California class bringing claims for violation of California’s unfair competition law (UCL) because the claims are barred due to a previous California suit, and denied a defense motion to exclude the plaintiffs’ expert witnesses.

  • September 16, 2025

    2 Of 3 Plaintiffs In 28-Year Teacher Class Suit Granted Incentive Awards

    NEW YORK — Two of three named plaintiffs in a more than 28-year-long race bias class suit over teacher licensing requirements in New York City were each awarded incentive awards of $272,996 by a federal judge in New York, who reserved judgment on the $2.9 million incentive award requested by the final named plaintiff as briefing is not yet complete.

  • September 16, 2025

    Suit Against Relocation Firm Over Data Breach Mostly Survives Dismissal Motion

    LOS ANGELES — Although a California federal judge dismissed as insufficiently pleaded a California woman’s bailment claim against a relocation service provider related to a 2024 data breach, the plaintiff’s contract, privacy and negligence putative class claims were deemed adequately alleged to withstand the defendant's dismissal motion.

  • September 16, 2025

    $95 Million Settlement Of Siri Eavesdropping Class Action Gets Final Approval

    OAKLAND, Calif. — A California federal judge gave a final OK to a $95 million settlement of a six-year-old class action accusing Apple Inc. of collecting unauthorized recordings of Apple device users via its Siri digital assistant, deeming the settlement “fair, adequate, and reasonable.”

  • September 16, 2025

    Life Insurance Beneficiary Seeks U.S. Supreme Court Ruling On Certifying Questions

    WASHINGTON, D.C. — A life insurance policy beneficiary who brought a putative class lawsuit after her husband died and she was denied benefits filed a petition for a writ of certiorari asking the U.S. Supreme Court justices to decide two questions regarding certifying state law issues to state high courts.

  • September 15, 2025

    Split 9th Circuit: Totaled Vehicles’ Actual Value Dooms Class Certification

    PHOENIX — Individual questions surrounding the calculation of the actual cash value (ACV) of insureds’ totaled vehicles predominate, preventing certification of a class of Progressive customers, a divided Ninth Circuit U.S. Court of Appeals panel ruled Sept. 12, affirming a trial court denial of class certification.

  • September 15, 2025

    Magistrate Approves $1.5 Million Settlement Of Garda Data Breach Suit

    WEST PALM BEACH, Fla. — More than five months after he preliminarily approved a $1.5 million settlement between a security company and a group of employees that sued it over the theft of their personally identifiable information (PII) in a 2023 data breach, a Florida federal magistrate judge granted final approval, deeming the deal in compliance with federal rules and, as such, “fair, adequate and reasonable.”

  • September 12, 2025

    In State Class Action, Man Says Bitcoin Depot Fails To Flag Impersonation Scams

    TAMPA — A Florida man has filed a complaint seeking certification of a class of state residents who lost money deposited at Bitcoin Depot ATM kiosks as part of an elaborate stolen identity scam.

  • September 10, 2025

    Putative Class Plaintiffs Say PFAS Case Against Band-Aid Makers Is Well-Founded

    TRENTON, N.J. — Plaintiffs who filed a putative class action against Johnson & Johnson and affiliates alleging that they have been injured by the presence of per- and polyfluoroalkyl substances (PFAS) in Band-Aids have filed a brief in New Jersey federal court arguing that the defendants’ motion to dismiss “fails on every front, applying incorrect legal standards and ignoring well-pleaded factual allegations.”

  • September 09, 2025

    Judge Rules Email Subscription Does Not Confer Consumer Status Under VPPA

    NEW YORK — A Missouri woman’s Video Privacy Protection Act (VPPA) claim against NBCUniversal Media LLC was dismissed for a third time by a New York federal judge who found that although the plaintiff sufficiently pleaded that NBC knowingly collected her personally identifiable information (PII) connected with her viewing of videos on the website of the Today Show, the plaintiff did not establish that she qualified as a consumer under the statute.

  • September 09, 2025

    Split U.S. High Court Grants Stay In Putative Class Suit Over Los Angeles Patrols

    WASHINGTON, D.C. — A divided U.S. Supreme Court on Sept. 8 granted the federal government’s application to stay pending appeal a trial court’s July halt of “Operation At Large” being carried out in Los Angeles by U.S. Customs and Border Protection agents and officers and U.S. Immigration and Customs Enforcement personnel who detain individuals in publicly accessible places to question their legal status based on the location, type of work being done, language being spoken, accent and race or ethnicity.

  • September 09, 2025

    Challenge To Tobacco, Vaccination Surcharges Partly Survives Dismissal

    CHARLOTTE, N.C. — Continuing a string of at least partial victories for plaintiffs in putative class cases over health plan tobacco surcharges, a North Carolina federal judge ruled that two of three claims against GardaWorld Cash Service Inc. survive dismissal; one of the surviving claims concerns the tobacco surcharge, and the other concerns a surcharge levied against those who didn’t show that they were fully vaccinated against COVID-19 by a certain date.

  • September 08, 2025

    Judge Sends Putative Class Suit Over ‘Sustainable’ Cocoa Labeling To Illinois

    SACRAMENTO, Calif. — A California federal judge on Sept. 5 transferred a putative class action lawsuit against a chocolate company for violating California’s unfair competition law (UCL) by allegedly misrepresenting its cocoa as “Sustainably Sourced” to Illinois federal court where another putative class complaint over the same alleged misrepresentation was previously filed.

  • September 05, 2025

    Jury Awards Google Users More Than $425M For Online Data Gathering

    SAN FRANCISCO — After an 11-day trial in a five-year-old privacy class action, a California federal jury awarded two classes of mobile device users more than $425 million for invasion of privacy and intrusion upon seclusion by Google LLC for the company’s practice of tracking mobile device users’ online activity despite selecting a setting to opt out of such data collection.

  • September 05, 2025

    Class Settlement Wins Final Approval In ERISA Case Over Alleged Cost-Shifting

    ASHEVILLE, N.C. — A North Carolina federal judge granted final approval to a class settlement that resolves a long-running Employee Retirement Income Security Act suit over an alleged cost-shifting scheme concerning health plan administrative fees for chiropractic and physical therapy treatment; the deal includes gross amounts of $4.8 million for members of individual and plan classes and a separate $3.55 million for attorney fees and costs.

  • September 04, 2025

    U.K. Plaintiffs Amend Class Deception Claims Against Coupon Finder

    SAN FRANCISCO — Citizens of the United Kingdom filed an amended putative class action against a company that operates a discount-finding browser extension and its parent company for alleged violation of California’s unfair competition law (UCL) on behalf of all U.K. users of the browser extension who were not provided the best discounts available for certain products they purchased online, after a judge dismissed a prior complaint for lack of a connection to California.

  • September 03, 2025

    Briefly: Class Seeks Approval Of $15M Deal In Securities Fraud Case About Pipeline

    PHILADELPHIA — The lead plaintiffs in a long and winding securities fraud class action related to the construction of a hydraulic fracturing pipeline on Sept. 2 filed a brief in Pennsylvania federal court seeking final approval of a class action settlement for a cash payment of $15 million.

  • September 03, 2025

    Split 5th Circuit Blocks Putative Class Removal Under Alien Enemies Act

    NEW ORLEANS — The federal government may not remove from the United States under the Alien Enemies Act (AEA) three named individuals and the putative class they seek to represent who are all alleged by the government to be Venezuelan nationals who are members of Tren de Aragua, a divided Fifth Circuit U.S. Court of Appeals panel ruled Sept. 2 in a case in which the U.S. Supreme Court granted a temporary injunction and remanded for a preliminary injunction ruling as well as a ruling regarding whether the government’s notice to these individuals of their removal satisfied due process; however, the Fifth Circuit majority noted in the present ruling that the named individuals and putative class may be removed “under other lawful authorities” and the preliminary injunction as to the class will expire if class certification is denied unless an appeal is sought and accepted.