Mealey's Class Actions

  • September 11, 2026

    ‘Perpetual Discount’ Class Action Dismissed With Prejudice By Judge

    LOS ANGELES — A furniture company on Sept. 10 lodged a proposed judgment in California federal court dismissing a putative class action against it with prejudice after a judge granted its motion to dismiss a suit accusing it of deceptively listing its prices as discounted in violation of California’s unfair competition law (UCL) and other California laws, finding the company’s terms of use do not apply and none of the plaintiffs are from California or bought products in California.

  • September 11, 2026

    Judge Dismisses Securities Fraud Action Over Registration Statements

    NEW YORK — A federal judge in New York dismissed investors’ securities fraud class action against a technology company, certain of its employees and the underwriters of the company’s public offerings for allegedly misrepresenting key details about its business in its registration documents, finding that the investors did not plead a material misstatement or omission.

  • September 11, 2026

    Investor Fails To Show Securities Fraud Statements Were Misleading

    SAN DIEGO — A federal judge in California granted a medical device company and its executives’ motion to dismiss the lead plaintiff’s second amended securities class action complaint, finding that the plaintiff failed to show that the executives’ public statements about the company’s share of the Type 2 diabetes basal prescription market were false or misleading.

  • September 11, 2026

    Class Counsel Gets $146.8M; Google’s Challenge To $425M Privacy Verdict Rejected

    SAN FRANCISCO — A California federal judge awarded $146.78 million in attorney fees and service awards totaling $135,000 in a privacy class action over Google LLC’s collection of mobile-app data, while in a separate posttrial order the judge denied the plaintiffs a new trial on their California Comprehensive Computer Data Access and Fraud Act (CDAFA) claim and rejected Google’s bid to overturn a $425.65 million privacy verdict.

  • September 11, 2026

    Mental Health Provider Agrees To $900K Settlement In Data Breach Class Action

    SPRINGFIELD, Mass. — A Massachusetts judge granted final approval of a class action settlement between a trio representing a class of individuals whose personal data was compromised in a 2024 cyberattack and the mental health provider that stored their data; the provider agreed to pay approved class member claims subject to a $900,000 aggregate cap, plus $212,000 in attorney fees and expenses and $2,500 service awards to each of the three class representatives.

  • September 11, 2026

    Freddie Mac Seeks Rehearing After 6th Circuit Revives Securities Fraud Action

    CINCINNATI — The Federal Home Loan Mortgage Corp. (Freddie Mac) asked the Sixth Circuit U.S. Court of Appeals to rehear its decision reviving a securities fraud suit brought by a pension fund, arguing that the panel improperly vacated the lower court’s denial of class certification and allowed the Ohio Public Employees Retirement System (OPERS) to file a new motion.

  • September 11, 2026

    Bid To Apply Delaware’s Peer Review Privilege In Federal Case Is Rejected

    WILMINGTON, Del. — Declining a request “to apply Delaware's statutory peer review privilege under federal common law,” a Delaware federal magistrate judge issued a memorandum order compelling a medical provider to produce documents including continuous quality improvement reports in a putative class action over alleged failure to provide adequate medical care at Delaware correctional facilities.

  • September 10, 2026

    8th Circuit Rejects More Arguments To Undo Housing Commission Settlements

    ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel in a per curiam opinion that cited an August panel decision rejected four appeals seeking to set aside more than $110 million in settlements that were part of more than $1 billion collected for home sellers who accused National Association of Realtors (NAR) and real estate franchises of conspiring to artificially inflate residential real estate commission costs.

  • September 10, 2026

    Judge Grants Final Approval Of Approximately $6M Securities Fraud Settlement

    NEW YORK — A federal judge in New York issued a final order and judgment granting final approval of a $5,875,000 settlement to end investors’ securities fraud class action against a Chinese internet and data center service provider and certain of its former executives.

  • September 10, 2026

    Investors Ask 4th Circuit To Reconsider Boeing Class Certification Decision

    RICHMOND, Va. — Investors asked the Fourth Circuit U.S. Court of Appeals to rehear its decision to reverse class certification in their securities fraud suit against The Boeing Co. and its former officials over alleged misstatements about the company’s emphasis on safety that artificially inflated the company’s stock price, arguing that the panel’s decision is extreme and will upend class action litigation in the circuit.

  • September 10, 2026

    Judge: Investors Failed To Identify False Statements About Clinical Trial

    NEW YORK — A federal judge in New York dismissed investors’ putative class action against a clinical biopharmaceutical company and certain of its senior officers and board members for making allegedly false and misleading statements about a clinical trial of the company’s flagship product, holding that the investors failed to identify an actionable false statement.

  • September 10, 2026

    Sephora Unfairly Markets Adult Products To Youths, Plaintiffs Say In Class Suit

    SAN FRANCISCO — A parent and a 13-year-old girl filed a putative nationwide class action in California federal court against Sephora USA Inc. alleging it is violating California’s unfair competition law (UCL) by marketing skincare and beauty products to minors that the plaintiffs say Sephora knows contain chemicals that are not suitable for use by young people and may cause them to develop harmful skin conditions.

  • September 10, 2026

    Ruling Affirming Section 1782 Subpoenas Is Focus Of Certiorari Petition

    WASHINGTON, D.C. — In a certiorari petition that has been distributed for the U.S. Supreme Court’s Sept. 28 conference, the petitioners argue that allowing “pre-suit discovery” wrongly transforms the statute governing discovery in aid of foreign proceedings into “a weapon for would be private foreign plaintiffs against U.S. residents”; the respondent counters that the statute “permits discovery for use in a reasonably contemplated foreign proceeding, regardless of whether some potential pre-cursor ‘administrative or quasi-judicial proceeding [is] already underway.’”

  • September 09, 2026

    10th Circuit Denies Kansas Law Toxic Tort Repose Exception Appeal

    DENVER — The 10th Circuit U.S. Court of Appeals denied a petition by two individuals who accuse the alleged owners and operators of a Kansas facility of exposing them and others to carcinogens, seeking interlocutory review of the question whether the latent disease exception to the Kansas Product Liability Act’s (KPLA) statute of repose applies to toxic tort claims arising from air emissions.

  • September 09, 2026

    Partial Dismissal Granted In Investors’ Suit Alleging Improper Medicare Billing

    NEW YORK — A New York federal judge granted in part motions to dismiss in investors’ putative class suit alleging that a company that operates skilled nursing facilities used improper Medicare billing practices to inflate revenue, finding that Securities Act claims survive against the company, individual defendants and certain underwriter defendants for financial misstatements but that Exchange Act claims are dismissed without prejudice for failure to plead scienter.

  • September 09, 2026

    Split Colorado Supreme Court Denies Petition In Toxic Exposure Case

    DENVER — A divided Colorado Supreme Court denied a petition for a writ of certiorari filed by three individuals whose attempt to amend a putative class complaint over ethylene oxide (EtO) emissions from sterilization facilities was denied after an appellate panel ruled that standing to sue under Colorado law couldn’t be established based on an alleged increased risk of future illness or disease.

  • September 08, 2026

    Arbitration Properly Denied In Headrest Class Action, Plaintiff Tells High Court

    WASHINGTON, D.C. — The plaintiff bringing class claims against a car manufacturer over an alleged headrest defect on Sept. 4 filed a response brief with the U.S. Supreme Court urging it to deny a car manufacturer’s petition for a writ of certiorari over the enforceability of delegation clauses in arbitration agreements by nonsignatories, denying that there is a circuit split over the issue and writing that the Ninth Circuit U.S. Court of Appeals properly denied arbitration.

  • September 08, 2026

    Zillow Asks High Court To Clarify Inflation Maintenance Certification Standard

    WASHINGTON, D.C. — Zillow Group Inc. filed a reply in the U.S. Supreme Court in support of Zillow’s petition for a writ of certiorari, arguing that the court should grant the petition because lower courts wrongly granted and affirmed class certification in a securities fraud case without considering whether Zillow’s back-end disclosures after a drop in its stock price corrected earlier alleged misstatements, saying the reasoning “threatens to make class certification virtually automatic in most securities cases.”

  • September 04, 2026

    Investors Seek Rehearing In ‘Channel Stuffing’ Securities Fraud Appeal

    CHICAGO — Investors in an animal health product producer filed a petition for rehearing in the Seventh Circuit U.S. Circuit Court of Appeals, arguing that a Seventh Circuit panel erred in affirming a lower court’s dismissal of their putative securities fraud class action against the producer and two of its executives by misapplying the scienter standard.

  • September 04, 2026

    Railway, Class Support Denial Of Relief From Train Derailment Injury Releases

    CINCINNATI — A trial court acted within its discretion when it denied Federal Rule of Civil Procedure 60 motions for relief from the personal injury payment releases filed by class members who settled claims over a chemical release that occurred after a train derailed in Ohio in February 2023, Norfolk Southern Railway Co. and Norfolk Southern Corp. (together, Norfolk Southern) and class counsel on behalf of the settlement class argue in appellee briefs filed in the Sixth Circuit U.S. Court of Appeals on Aug. 26 and Sept. 3, respectively.

  • September 04, 2026

    Colorado Federal Judge Adds ‘No Standing’ Ruling In Wave Of PRT Cases

    DENVER — Saying there is a lack of “controlling authority to guide the Court’s analysis,” a Colorado federal judge found that retirees lacked standing to bring a putative class case that is part of a wave of pension risk transfer (PRT) challenges; he therefore granted dismissal without prejudice of all the claims in the Employee Retirement Income Security Act case.

  • September 04, 2026

    Unwanted Marketing Texts Class Suit Against Tobacco Company Dismissed By Judge

    GREENSBORO, N.C. — A North Carolina federal judge on Sept. 3 dismissed with prejudice a putative class action against R.J. Reynolds Tobacco Holdings Inc. (RJR) for allegedly sending marketing text messages to a consumer whose telephone number was listed in the national Do Not Call (DNC) registry, writing that the Telephone Consumer Protection Act (TCPA) “does not create a private cause of action based on unwanted text messages.”

  • September 04, 2026

    1st Argument In Appeals From Wave Of Tobacco Surcharge Cases Is Set

    The First Circuit U.S. Court of Appeals has scheduled oral argument for Sept. 16 in the most advanced appeal arising from a wave of putative class Employee Retirement Income Security Act challenges to tobacco surcharges, and at least five similar appeals are under way.

  • September 03, 2026

    3rd Circuit: Oil, Gas Producer Didn’t Abandon Arbitration Rights In Royalty Dispute

    PITTSBURGH — An oil and gas producer sued by a class of leaseholders seeking allegedly unpaid royalties didn’t abandon its arbitration rights related to unnamed class members when it waited until after class certification to move to compel arbitration against those with arbitration clauses in their leases, a Third Circuit U.S. Court of Appeals ruled in an interlocutory appeal, vacating the trial court’s ruling and remanding.

  • September 03, 2026

    Federal Government Petitions U.S. Supreme Court In Noncitizen Removal Class Case

    WASHINGTON, D.C. — The secretary of the Department of Homeland Security (DHS) and other federal government parties filed a petition for a writ of certiorari in the U.S. Supreme Court asking the justices to consider three questions concerning the lawfulness of a presidential proclamation that limited asylum and withheld removal applications and the availability of classwide relief.