Mealey's Class Actions

  • June 06, 2024

    Defendants In MOVEit Data Breach MDL File Dismissal Arbitration Motions

    BOSTON — Two groups of defendants in the ever-growing multidistrict litigation over the theft of personally identifiable information (PII) from users of MOVEit software filed motions asking a Massachusetts federal court to, respectively, compel arbitration from consumers that purportedly agreed to such provisions and dismiss individual suits that they say should never have been consolidated under the home-state exception to the Class Action Fairness Act (CAFA).

  • June 06, 2024

    Judge: Amazon Immune From Workers’ Temperature Scan Class Suit Under PREP Act

    CHICAGO — A warehouse worker’s putative class complaint accusing her employer of violating Illinois’ Biometric Information Privacy Act (BIPA) by scanning workers’ temperatures to prevent the spread of COVID-19 was terminated by a federal magistrate judge in Illinois who found that the employer was entitled to statutory immunity based on the Public Readiness and Emergency Preparedness Act (PREP Act).

  • June 06, 2024

    In Amicus Brief, DOL Urges 11th Circuit To Ditch ERISA Exhaustion Precedent

    ATLANTA — Urging initial hearing en banc in the 11th Circuit U.S. Court of Appeals, the U.S. Department of Labor (DOL) has filed an amicus curiae brief supporting appellants who seek the overturn of longstanding circuit precedent concerning exhaustion of administrative remedies in Employee Retirement Income Security lawsuits.

  • June 06, 2024

    University Of Chicago Settles Pandemic Closure Class Suit For $4.95 Million

    CHICAGO — A federal judge in Illinois granted final approval of a $4.95 million settlement between the University of Chicago and a class of students who sought partial refunds for tuition and fees for the spring 2020 semester when learning was transitioned to online-only due to the coronavirus pandemic.

  • June 06, 2024

    University Of The Arts Employees File WARN Act Class Suit Following Closure

    PHILADELPHIA — Nine employees of a Philadelphia university that announced May 31 that it would be closing its doors one week later filed a class complaint in a federal court in Pennsylvania seeking 60 days of pay and Employee Retirement Income Security Act benefits, alleging that the school violated the Worker Adjustment and Retraining Notification Act (WARN Act).

  • June 05, 2024

    6th Circuit Vacates Health Care Provider’s $130,000 Vaccine Mandate Settlement

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals, in considering the second appeal in a settled case by employees over a health care provider’s mandatory COVID-19 vaccine policy, vacated the settlement approval, finding that no named plaintiff in the case had standing as to the health care provider’s affiliates added in the settlement, resulting in the trial court lacking jurisdiction.

  • June 05, 2024

    Judge Won’t Certify Interlocutory Appeal Over ERISA Record-Keeping Ruling

    MINNEAPOLIS — A motion focused on allegations of commoditized, fungible record-keeping fees in an Employee Retirement Income Security Act case was denied June 4, with a Minnesota federal judge refusing to certify a partial dismissal motion for interlocutory appeal.

  • June 05, 2024

    Columbia Trustees, Student Move To Dismiss Class Suit Over Safety Amidst Protests

    NEW YORK — A Columbia University student who filed a class complaint in a federal court in New York accusing the trustees of failing to ensure students’ safety and uninterrupted education during campus protests over the war in Gaza filed a joint motion with the trustees on June 4 stating that the parties have agreed on a stipulation that will dismiss the action.

  • June 05, 2024

    Attorneys Get 27% Of $20M ERISA Settlement With 2 Groups Of Class Members

    ALLENTOWN, Pa. — A Pennsylvania federal judge on June 4 granted final approval of a $20 million settlement in a change in control (CIC) dispute over early retirement pension benefits and pension supplements; the settlement treats the 340 class members differently depending on whether they were terminated.

  • June 05, 2024

    Objector Appeals Approval Of Commissions Settlements With 3 Real Estate Franchises

    KANSAS CITY, Mo. — A notice of appeal was filed in a federal court in Missouri by a settlement class member and named plaintiff in two other lawsuits after three class settlements were approved totaling $208.5 million between home sellers and three of the real estate franchises found by a jury to have conspired to artificially inflate the cost of commissions in residential real estate transactions.

  • June 04, 2024

    Tentative Settlement Reached In Consumer’s Deceptive ChapStick Label Class Suit

    SAN FRANCISCO — A California woman who accuses GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (GSK) and Pfizer Inc. of deceptively labeling of certain ChapStick products in violation of California law, including the state’s unfair competition law (UCL), filed a notice in a federal court in her state stating that a tentative settlement in principle has been reached.

  • June 04, 2024

    Nonfiduciary ERISA Claim Against TIAA, Subsidiary Survives In Cross-Selling Case

    NEW YORK — A retooled putative class Employee Retirement Income Security Act case over cross-selling of TIAA Portfolio Advisor accounts has survived dismissal, with a New York federal judge ruling that a claim for nonfiduciary receipt of ill-gotten profits is sufficiently stated against a third-party service provider for numerous retirement plans and its subsidiary.

  • June 04, 2024

    Judge Won’t Compel Class Member To Arbitrate New Gambling Claims

    SEATTLE — A federal judge in Washington on June 3 denied a motion by gambling game makers to compel arbitration of claims brought against them by a consumer who was a member of a class that previously settled claims relating to one of the games at issue, finding that the consumer made clear her intent to opt out of an arbitration agreement, but the judge dismissed her illegal gambling claim as precluded by the previous settlement.

  • June 04, 2024

    Navy SEALs Seek Preliminary Class Settlement Approval In COVID-19 Vaccine Case

    FORT WORTH, Texas — Navy SEALs and members of the Navy who sued after they were denied religious exemptions from the Navy’s COVID-19 vaccination requirement filed a motion in a federal court in Texas seeking preliminary approval of a class settlement that will provide corrections to their personnel records, policy changes, public postings and attorney fees.

  • June 04, 2024

    Mortgage Servicer Wins Summary Judgment On All But 1 Claim In Fee Class Suit

    GREENBELT, Md. — Finding that “there is no dispute as to any material fact as to whether” a mortgage servicer improperly imposed fees in violation of Maryland state law other than a July 2018 property inspection fee that allegedly violated the state’s usury statute, a federal magistrate judge in Maryland granted the servicer’s motion for summary judgment on all claims in the class action except the claim relating to that inspection fee.

  • June 04, 2024

    Awarding 1/3 Of $975,000 ERISA Settlement In Attorney Fees, Judge Gives Final OK

    NEW YORK — In orders that didn’t specifically address the lone objection to the class resolution of an Employee Retirement Income Security Act suit over alleged breach of the duty of prudence, a New York federal judge granted final settlement approval and awarded attorney fees totaling 33-1/3% of the $975,000 payment.

  • May 29, 2024

    COMMENTARY: Review Of Expert Causation Testimony Under Federal Rule Of Evidence 702: An Early Assessment Of The 2023 Amended Rule

    By William L. Anderson and Mark A. Behrens

  • June 03, 2024

    $8M Data Breach Class Settlement By Law Firm Preliminarily Approved

    SAN FRANCISCO — A federal judge in California on May 31 preliminarily approved an $8 million class global settlement to be paid by a law firm after its network was breached and the personal identifiable information (PII) of more than 630,000 individuals was potentially accessed.

  • May 31, 2024

    $2.5M Settlement Reached In Wage-And-Hour Suit Between Chauffeurs, Employers

    PHOENIX — Chauffer drivers alleging on behalf of a collective and class that they were improperly denied minimum, straight and overtime wages filed a motion in a federal court in Arizona seeking preliminary approval of a $2.5 million settlement with their employers.

  • May 31, 2024

    Putative Class Suit Filed Against Ticketmaster For Hack Of 560M Customers’ Data

    LOS ANGELES — Two consumers filed a putative class action in California federal court against Ticketmaster LLC and Live Nation Entertainment Inc. accusing them of negligence and violation of California’s unfair competition law (UCL) for not protecting the data of approximately 560 million customers that was allegedly stolen from its servers in a recent hack.

  • May 31, 2024

    Adult Entertainers Denied Motion To Drop Their Claims Against Meta, OnlyFans

    SAN FRANCISCO — Citing the “time and effort” expended in a putative class action alleging tortious interference and unfair competition by Meta Platforms Inc. in blacklisting social media posts by most adult entertainment (AE) providers in favor of the OnlyFans AE platform, a California federal judge denied a motion by the three lead AE performer plaintiffs to dismiss their suit due to an inability to achieve class certification under the Class Action Fairness Act (CAFA).

  • May 30, 2024

    Master Complaints In Hair Relaxer MDL Allege ‘Reckless Acts,’ Knowledge Of Risk

    CHICAGO — The plaintiffs’ leadership counsel in litigation brought by individuals who allege wrongful death and other injuries from chemicals in hair relaxer products has filed multiple master long-form complaints in Illinois federal court against eight defendants, seeking punitive damages.  In a master complaint against Advanced Beauty Inc., the counsel contend that the defendant is liable for “wanton, willful, fraudulent, reckless acts” related to its awareness that its products posed an increased risk of cancer.

  • May 30, 2024

    Judge Certifies Privacy, Publicity Rights Class Action Against Data Aggregator

    SAN FRANCISCO — A California federal judge on May 29 granted a group of plaintiffs’ motion to certify a class action against a personal information data-aggregator website on behalf of two statewide classes accusing the company of violating plaintiffs’ rights of publicity and against misappropriation of name and likeness and denied the parties’ competing motions to exclude each other’s experts.

  • May 30, 2024

    Retirees Urge Denial Of Dismissal Motion In ERISA Pension Risk Transfer Case

    GREENBELT, Md. — Calling Thole v. U.S. Bank. N.A. “entirely distinguishable,” Lockheed Martin Corp. retirees urged a Maryland federal court to deny dismissal of their suit, which is one of a quartet of similar recent putative class actions challenging pension risk transfers (PRTs) under the Employee Retirement Income Security Act.

  • May 30, 2024

    Defendants Are Granted Taxable Costs In ERISA Record-Keeping Fees Row

    DES MOINES, Iowa — Following summary judgment in their favor in an Employee Retirement Income Security Act class action over 401(k) record-keeping fees in Iowa federal court, grocery chain Hy-Vee Inc. and related defendants were granted taxable costs totaling $53,319.87, including $40,232.83 for discovery of electronically stored information (ESI), on May 29.

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