Mealey's Class Actions
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July 22, 2025
State, Federal Suits Over Health Care Firm’s Data Breach Settle For $6.5 Million
ST. LOUIS — A Missouri state court judge granted final approval to an agreement that settles lawsuits against a health management services firm from two state courts and a federal court with a settlement fund of $6.5 million and attorney fees of $2 million.
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July 22, 2025
Judge Approves Injunctive Relief-Only Settlement Of CareFirst Data Breach Suit
WASHINGTON, D.C. — A District of Columbia federal judge granted final approval to a settlement that resolved the lone remaining claim against CareFirst Inc. in a decade-old class action over a 2014 data breach, deeming the agreement, which provides only injunctive relief for the consolidated class, “fair, reasonable, and adequate.”
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July 22, 2025
Suit Over Allegedly Outdated Pension Assumptions Mostly Survives Summary Judgment
SAN FRANCISCO — A putative class action challenging the use of allegedly outdated assumptions to calculate annuities for married pension plan participants is proceeding toward a bench trial after a California federal judge mostly denied the defendants’ motion for summary judgment and denied their motion to exclude the plaintiffs’ expert.
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July 21, 2025
Judge Dismisses Privacy Suits By FBI Agents Who Worked On Trump Cases
WASHINGTON, D.C. — Federal Bureau of Investigation agents and a nonprofit organization who in two complaints seek to stop the publication or dissemination of a list allegedly being compiled of FBI employees who were involved in investigating two events involving President Donald J. Trump have made claims that “are too speculative,” a federal judge in the District of Columbia ruled, granting a motion to dismiss filed by the U.S. Department of Justice (DOJ) and the United States.
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July 21, 2025
Fact Discovery Closed After Judge Refuses To Certify IPhone Data Class Action
SAN JOSE, Calif. — A California federal judge on July 18 entered a stipulated order closing fact discovery in a class action against Apple Inc. after denying in an earlier order the plaintiff’s motion for class certification on claims that Apple wastes iPhone users’ cellular data even when their phones were set to reduce the consumption of data, in violation of California’s unfair competition law (UCL), and denying as moot opposing motions to exclude expert witnesses.
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July 21, 2025
8th Circuit Partly Reverses Arbitration Denial In Pharmacy Benefit Class Action
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals has partially reversed a trial court ruling that denied a motion to compel arbitration in a class action by an Arkansas pharmacy against pharmacy benefit manager (PBM) OptumRx Inc., saying that the pharmacy’s new citation to a provider network agreement and a provider manual triggered an arbitration clause in the documents.
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July 21, 2025
Nonprofits Seek Remand After Indicative Class Ruling In Birthright Citizenship Case
RICHMOND, Va. — Two nonprofits and individuals suing President Donald J. Trump and federal government officials over the January executive order (EO) that purportedly ends birthright citizenship filed a motion in the Fourth Circuit U.S. Court of Appeals for limited remand after a federal judge issued an indicative ruling that classwide preliminary injunctive relief would be issued should the appellate court remand for a ruling on the pending motion.
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July 18, 2025
‘Blanket’ Protective Order In Farmworkers’ Suit Found Restrictive By 9th Circuit
SEATTLE — A protective order issued by a trial court in a forced labor class action is overly restrictive, a Ninth Circuit U.S. Court of Appeals panel ruled, because of the “presumptively public” nature of discovery and the lack of good cause to prevent the plaintiffs’ counsel from using the discovered items in similar worker advocacy matters.
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July 18, 2025
Judge Certifies AI Class, Wants Response To Fair Use Appeal Motion
SAN FRANCISCO — In a pair of developments, a California federal judge on July 17 granted a class certification motion in an artificial intelligence copyright suit involving pirated works, saying “It will be straightforward to prove the classwide wrong done” and the case is the exact type that benefits from representative litigation. In an earlier ruling the judge asked for a response to Anthropic PBC’s motion for reconsideration or an interlocutory appeal of a ruling on the company’s fair use arguments.
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July 18, 2025
Lawsuit Over Database Site’s Use Of Photos, Personal Info May Proceed, Judge Rules
SEATTLE — Two days after he denied a motion to compel arbitration by the operator of an online professional services database, a Washington federal judge also denied the company’s motions to dismiss and to strike class allegations, allowing putative class publicity rights claims to continue.
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July 17, 2025
Appellants, Amici Express Many Criticisms Re ERISA Conversion Row To 5th Circuit
HOUSTON — Advancing arguments regarding issues of standing, statute of repose, successor liability and class certification, appellants and prominent amici curiae filed briefs urging the Fifth Circuit U.S. Court of Appeals to reverse judgment for the class in an Employee Retirement Income Security Act suit over the 1989 conversion of a defined benefit plan that used a final average pay formula to a retirement accumulation plan (RAP) cash balance plan.
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July 15, 2025
COMMENTARY: Update On ERISA Class Actions In 2025
By Gerald L. Maatman, Jr. and Jennifer A. Riley
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July 17, 2025
Judge Certifies Class In Suit Challenging Homeowners Insurer’s ACV Calculation
SAN FRANCISCO — A federal judge in California granted plaintiffs’ motion for class certification in their breach of contract, bad faith and unfair competition lawsuit alleging that their homeowners insurer has a common practice of depreciating sales tax when calculating actual cash value (ACV) benefits to insureds.
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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.