Mealey's Class Actions
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July 17, 2025
Denial Of Postjudgment Fees For Class Counsel In Coupon Settlement Upheld
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed a trial court’s ruling that class counsel’s postjudgment attorney fees motion was untimely following a settlement by a massage and skin care franchisor accused of violating its membership agreement by periodically increasing membership fees.
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July 17, 2025
Judge OKs Employee Data Pact, Cuts Attorney Fees Request Of 1.6 Times Recovery
SANTA ANA, Calif. — A federal judge in California granted final approval of a class settlement in an employee data case but slashed the requested attorney fee award from 1.6 times the gross settlement amount to 25% of the net settlement fund, opining that while the class members’ recovery was “not inhibit[ed]” by the request and the agreement containing a clear-sailing provision was “non-collusive,” such a request could not be considered “reasonable.”
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July 16, 2025
Government Appeals Extended Preliminary Injunction In Passport Gender Policy Case
BOSTON — The federal government appealed to the First Circuit U.S. Court of Appeals a June 17 ruling by a federal judge in Massachusetts certifying two classes and extending an already granted preliminary injunction to those classes in a case challenging a January executive order (EO) and its implementation that removed the option to designate “X” on passports for those individuals who do not identify as female or male or who wish to keep a specified gender off their passports.
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July 16, 2025
Judge Dismisses Class Suit Against Ford Over Defective ‘E-Latch’ Doors
LOS ANGELES — A California federal judge granted in part Ford Motor Co.’s motion to dismiss a putative class action lawsuit accusing it of violating California’s unfair competition law (UCL) and other laws by concealing an alleged defect with its electronic door handles that could leave the doors locked with children trapped inside when the vehicles lost power, finding that the plaintiffs did not plead Ford had a duty to disclose the defect.
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July 16, 2025
Nearly $2M Settlement Of ERISA Forfeiture Row Wins Preliminary OK
SAN JOSE, Calif. — A proposed $1,995,000 class settlement is proceeding after a California federal judge on July 15 granted a preliminary approval motion in which a plaintiff whose key claims regarding the use of forfeited nonvested retirement plan contributions to offset the plan sponsor’s future matching contributions survived dismissal called the Employee Retirement Income Security Act lawsuit “the first and only case to reach settlement on this novel theory of recovery.”
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July 16, 2025
Stay Extended In Geisinger Data Breach Suit As Parties Finalize Settlement
WILLIAMSPORT, Pa. — Granting a joint motion to extend an existing stay in a consolidated, putative class action against a health care provider and its tech services vendor after a 2023 data breach, a Pennsylvania federal judge gave the parties 60 days to prepare a motion for preliminary approval of their recently announced settlement.
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July 15, 2025
Student-Athletes’ Counsel Awarded Hundreds Of Millions In Fees After NIL Settlement
OAKLAND, Calif. — A federal judge in California awarded attorneys representing student-athletes, who settled for more than $2.5 billion name, image and likeness (NIL) claims with the National Collegiate Athletic Association (NCAA) and five conferences, hundreds of millions of dollars in attorney fees now as well as the opportunity for two types of future yearly fees; the judge also approved more than $9 million in costs and granted class counsel’s request for service awards of $5,000 to $125,000 for each of the class representatives.
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July 15, 2025
Confidential Class Settlement In COVID-19 Vaccine Refusal Suit Preliminarily OK’d
KNOXVILLE, Tenn. — A federal judge in Tennessee granted preliminary approval of a confidential class settlement between BlueCross BlueShield of Tennessee Inc. (BCBST) and workers who were fired for their religious convictions after refusing to get vaccinated against COVID-19.
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July 14, 2025
Per Confidential Agreement In Blackbaud Data Breach MDL, Settlement Fund Approved
COLUMBIA, S.C. — In accord with a joint request by Blackbaud Inc. and the plaintiffs who sued it in a multidistrict litigation after a 2020 data breach, a South Carolina federal judge approved and established a qualified settlement fund (QSF) to be used in a confidential settlement of all claims against the cloud services company.
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July 14, 2025
Case Disputing Attorney Fees In Benicar MDL Sent Back To New Jersey District Court
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on July 11 sent a dispute over the amount of attorney fees awarded to a law firm for its work in the Benicar multidistrict litigation back to a New Jersey federal court, finding that the lower court erred in denying a motion to remand.
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July 14, 2025
9th Circuit Affirms Dismissal Of Driver’s Claim For Larger COVID-19 Refunds
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed the dismissal of a driver’s class action against her insurer, GEICO, for violating California’s unfair competition law (UCL) by providing drivers an insufficient rebate on premiums after the COVID-19 pandemic, finding that the insurer was protected by the “‘safe harbor’” doctrine as the state insurance commissioner approved its rebate amounts.
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July 14, 2025
Former NOAA Employees Allege Mass Terminations Violated Privacy Act
GREENBELT, Md. — Former employees of the National Oceanic and Atmospheric Administration filed a class action suit against a number of governmental entities involved in the mass terminations of NOAA employees under directives issued by the Trump administration, alleging that the entities violated the Privacy Act by relying on incomplete and inaccurate employment records as support for the terminations.
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July 11, 2025
Google Settles Menstrual App Privacy Claims, Is Granted Stay From Pending Trial
SAN FRANCISCO — Two weeks before the scheduled start of a trial over privacy class claims related to an ovulation-tracking app, a California federal judge granted a motion to stay the case against one of the defendants — Google LLC — in light of its reported settlement in principle with the consolidated plaintiffs.
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July 11, 2025
Government Appeals Class Certification, Injunction In Immigrant Removal Case
DENVER — The federal government appealed to the 10th Circuit U.S. Court of Appeals orders granting class certification and a preliminary injunction in a lawsuit by immigrants subject to removal under the Alien Enemies Act (AEA).
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July 11, 2025
Injunction Sought By Nonprofits After Dismissal Of Canceled Grants Class Suit
WASHINGTON, D.C. — Five justice-related nonprofit organizations filed an emergency motion July 10 in a federal court in the District of Columbia seeking an injunction pending their appeal to the District of Columbia Circuit U.S. Court of Appeals after a federal judge dismissed their putative class complaint against the U.S. Justice Department and related officials for canceling, without notice or explanation, more than 370 agreements and contracts with private organizations worth more than $820 million.
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July 11, 2025
$4.5M WARN Act Class Settlement OK’d Pending News Group Asset Liquidation
NEW YORK — A federal judge in New York granted final approval of a $4.5 million settlement in a Worker Adjustment and Retraining Notification (WARN) Act class case brought by workers against JAF Communications Inc. after they were terminated by a now-defunct news organization, The Messenger, but left pending expenses, costs, a service award to the class representative and class counsel fees until the final accounting of proceedings in which JAF’s assets are liquidated.
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July 11, 2025
Caltech Cybersecurity Bootcamp Class Plaintiff Urges Approval Of $400K Settlement
SAN FRANCISCO — A woman who enrolled in an online education program called the “Caltech Cybersecurity Bootcamp” and filed a putative class action suit alleging that the California Institute of Technology (Caltech) and its partner, Simplilearn Americas Inc., deceptively marketed the bootcamp filed a brief in California state court urging the court to certify a settlement class and preliminarily approve a $400,000 settlement to be distributed among the participating class members.
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July 11, 2025
Judge Finds Securities Claims Against Medical Technology Company Lack Scienter
TRENTON, N.J. — A federal judge in New Jersey dismissed a putative securities class action brought by pension funds against a medical device and technology company for alleged misstatements regarding efforts to address deficient manufacturing conditions at the company’s Boston facility, finding the pension funds did not plead “a strong inference of scienter.”
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July 11, 2025
Privacy Suit Over TD Bank’s Use Of Meta Pixel Dismissed As Insufficiently Pleaded
CAMDEN, N.J. — A New York man’s putative class complaint over his bank’s purported sharing of his information with Meta Platforms Inc. was dismissed by a New Jersey federal judge, who found that the plaintiff failed to identify examples of his personal financial information (PFI) that were shared without his consent.
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July 10, 2025
DOL, Other Amici Urge 9th Circuit To Uphold Dismissal Of ERISA Forfeiture Case
SAN FRANCISCO — On July 8 and 9, the U.S. Department of Labor (DOL) and other amici curiae opposing revival of a putative class Employee Retirement Income Security Act challenge to a common use of forfeited nonvested matching retirement contributions weighed in on the much-watched Ninth Circuit U.S. Court of Appeals dispute.
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July 10, 2025
Judge Approves $13M Settlement In Vehicle Marketplace Stock Drop Class Action
NEW YORK — A federal judge in New York gave final approval to a $13 million settlement between shareholders and the officers and the trustee of a consignment-to-retail used vehicle marketplace and its parent company in a class action that alleged the company and its officers misrepresented the company’s business model in violation of federal securities laws.
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July 10, 2025
Class Provisionally Certified, Injunction Granted In Birthright Citizenship Case
CONCORD, N.H. — A class of infant and unborn children was provisionally certified and granted a preliminary injunction on July 10 by a federal judge in New Hampshire in a case challenging President Donald J. Trump’s January 2025 birthright citizenship executive order (EO).
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July 10, 2025
2nd Circuit Lets ERISA Determination Stand In Deferred Compensation Row
NEW YORK — In a July 9 summary order, the Second Circuit U.S. Court of Appeals dismissed interlocutory cross-appeals on the grounds that it lacked jurisdiction in the dispute that involves arbitration and drew four briefs from amici curiae; the appellate court therefore let stand a determination that the Employee Retirement Income Security Act governs the compensation incentive and equity incentive plans at issue in a suit over a Morgan Stanley deferred compensation program.
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July 10, 2025
Forum Selection Clause Issue Certified For Appeal In Crypto Wallet Data Breach Row
SAN FRANCISCO — Declining to grant partial final judgment as to dismissed claims and defendants in a putative class action over a crypto-asset wallet firm’s 2020 data breach, a California federal judge, instead, granted interlocutory appeal on the issue of whether subcontractors of the wallet maker can avail themselves of a forum selection clause in the lead defendant’s terms of service (TOS).
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July 09, 2025
Attorney Fees In Broiler Chicken Antitrust Case Modified, More Settlements OK’d
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed with modification attorney fees awarded to counsel for the end user consumer plaintiff (EUCP) class in an antitrust case accusing broiler sellers of fixing the prices for chicken, opining that class counsel were entitled to 26.6% of the net common fund; the panel’s ruling was filed two days after another group of settlements between the EUCPs and a number of sellers totaling $22.35 million was granted final approval by a federal judge in Illinois.