Mealey's Class Actions

  • June 10, 2024

    Seniors Sue Wells Fargo For Fraud In $300M Ponzi Scheme Involving Insurers

    MIAMI — Two seniors filed a putative class action against Wells Fargo in a Florida federal court for its role in allegedly aiding and abetting fraud in a “massive” Ponzi scheme purportedly orchestrated by owners of insurers, some of whom are now in receivership, resulting in elderly investor victims losing more than $300 million after scheme operators sold them promissory notes secured by collateral in stranger-oriented life insurance policies (STOLIs).

  • June 10, 2024

    High Court Grants Facebook Cert Bid To Consider Disclosure Requirements

    WASHINGTON, D.C. — The U.S. Supreme Court on June 10 granted a petition for a writ of certiorari from the social media giant formerly known as Facebook Inc., agreeing to consider whether the Ninth Circuit U.S. Court of Appeals widened a circuit split when it found that publicly traded companies must disclose that risks materialized in the past even if the risks do not continue to have the potential to harm investors.

  • June 10, 2024

    High Court Vacates Judgment, Remands National Bank Act Case, Citing Cantero

    WASHINGTON D.C. — The U.S. Supreme Court in its June 10 order list granted certiorari in a case dealing with whether the National Bank Act (NBA) preempts state laws, vacated the judgment and remanded the case to the Ninth Circuit U.S. Court of Appeals “for further consideration in light of Cantero v. Bank of America, N.A.

  • June 07, 2024

    Putative Class Sues Mortgage Servicer For ‘Release Cost’ Fee For Payoff Statements

    MIAMI — The $22.50 “release cost” charge a mortgage servicer includes on its uniform payoff statements violates the Fair Debt Collection Act (FDCA) and Florida law, two borrowers allege in a putative class action filed in a federal court in that state.

  • June 07, 2024

    Residents Affected By Air Pollution From Mill Seek Approval Of $18M Settlement

    ROCK HILL, S.C. — After three years of litigation in South Carolina federal court, a group of residents whose homes and health have allegedly been damaged by air pollution from a nearby paper mill seek preliminary approval of a class settlement agreement that would see the operator of the mill pay $18 million to settle the residents’ negligence and nuisance claims.

  • June 07, 2024

    Retirees Follow 9th Circuit ERISA Accuracy Ruling With Reassignment, Fees Requests

    SAN FRANCISCO — After the Ninth Circuit U.S. Court of Appeals partly revived a putative class action over pension benefit statements for the second time, the parties are disputing a reassignment request in the Employee Retirement Income Security Act case, and the appellants have moved for $179,925 in attorney fees.

  • June 06, 2024

    Reconsideration Of Latest Postjudgment Ruling Disputed In ERISA Conversion Case

    NEW HAVEN, Conn. — Continuing their long history of postjudgment wrangling, Cigna Corp. and its pension plan (together, Cigna) and the class that succeeded in some parts in a challenge to the plan’s 1998 conversion are disputing whether a Connecticut federal court should reconsider denying the class’s motions for an accounting or postjudgment discovery and to strike parts of a sur-reply and declaration.

  • June 06, 2024

    Company Accused Of Falsely Marketing Diabetes Products Must Face Suit, Judge Says

    SAN FRANCISCO — A California federal judge on June 5 largely denied a company’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by allegedly representing its nutritional products as treating diabetic health conditions when they in fact contain ingredients that may worsen diabetic conditions.

  • June 06, 2024

    Couple Defends ‘Child Exploitation’ Claims Against Roblox In Class Suit

    SAN FRANCISCO — Parents who bought their minor children in-game currency for use in Roblox Corp.’s online gaming platform filed briefs in California federal court opposing Roblox’s motions to dismiss or compel arbitration of their suit accusing it of violating California’s unfair competition law (UCL) and other laws, arguing that their claims that it designed its game to addict kids are not arbitrable.

  • June 06, 2024

    Federal Judge Gives 1st OK To $490M Settlement Between Apple, Investors

    OAKLAND, Calif. — A federal judge in California granted preliminary approval to a proposed $490 million settlement in a putative class complaint brought by investors in Apple Inc. who say the company’s CEO issued misleading statements about Apple’s sales of iPhones in China, saying the settlement appears to be fair and reasonable.

  • 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.

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