Mealey's Class Actions
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February 05, 2026
Judge Orders ‘Puff Bar’ Vape Sellers To Pay $129K In Deceptive Marketing Suit
NEW YORK — A New York federal judge on Feb. 4, who previously refused to certify a consumer class action against two companies that sell “Puff Bar”-brand synthetic nicotine vapes, ordered the companies to pay more than $96,000 in statutory damages and roughly $32,000 in attorney fees for deceptively marketing their products to the plaintiff in violation of New York and New Jersey consumer protection laws.
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February 05, 2026
‘Japanese’ Alcohol Brand Will Remove Deceptive Labels In Class Action Settlement
SAN FRANCISCO — A consumer representing a certified statewide class in a lawsuit against a California company for deceptively marketing the origin of Japanese-style sake that is manufactured domestically filed a motion in California federal court for preliminary approval of a settlement under which the company will remove the allegedly deceptive origin labels from its products and pay the plaintiffs attorney fees of $645,000.
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February 05, 2026
TRO Granted To Putative Class Of Oregon ICE Facility Protesters, Journalists
PORTLAND, Ore. — A federal judge in Oregon, over the federal government’s argument against class relief before certification, granted a temporary restraining order (TRO) to a putative class of journalists and protesters who allege that they were shot at and tear-gassed in violation of the First Amendment to the U.S. Constitution while attending and covering immigration policy protests outside a building in Portland that they refer to as the “Portland ICE building.”
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February 05, 2026
Class Complaint Accuses AG1 Of Failing To Disclose Auto-Renewal Terms
LOS ANGELES — A health supplement company that largely advertises itself via social media automatically renews customers’ subscriptions without disclosing the terms in violation of several California laws, including the Automatic Renewal Law (ARL) and the unfair competition law (UCL), a Los Angeles resident alleges in a putative class complaint filed in a federal court in that state.
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February 05, 2026
Costco Hit With Class Suit Over ‘No Preservatives’ Promises On Rotisserie Chicken
SAN DIEGO — Costco Wholesale Corp. advertises its signature rotisserie chicken as containing “no preservatives” even though the popular members-only store item contains sodium phosphate and carrageenan, two consumers allege in a putative class complaint filed in a federal court in California.
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February 04, 2026
9th Circuit: Employer’s New Arbitration Terms During Class Suit Are Unenforceable
SAN FRANCISCO — An employer’s attempt to roll out a new, mandatory arbitration agreement in the midst of class litigation that automatically opted employees out of the class unless they quit their jobs or opted out of the arbitration agreement “subvert[s]” Federal Rule of Civil Procedure 23, a Ninth Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s decision to decline enforcement of the agreement.
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February 04, 2026
Dismissing ERISA Tobacco Surcharge Case, Judge Gives Employer Outlier Win
ST. LOUIS — Giving an employer an outlier victory in a putative class action that is similar to many other recent Employee Retirement Income Security Act challenges to tobacco surcharges, a Missouri federal judge on Feb. 3 dismissed the complaint with prejudice and said the statute at issue “does not impose a retroactive reimbursement requirement for tobacco cessation surcharges."
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February 04, 2026
Judge Seeks More Settlement Details In Class Suit Over Tire Company Data Theft
MADISON, Wis. — A federal judge in Wisconsin denied preliminary approval of a tire company’s cyberattack class settlement that would provide the class of customers and employees with credit monitoring, losses of up to $5,000 per person or an alternative cash payment of $45, compensation for lost time and business changes and directed the lead plaintiff, a former employee of the defendant, to provide more information about the amount in controversy, the settlement class, the proposed payments to class members and the proposed attorney fees.
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February 04, 2026
Judge Denies Google Users’ Bid For $2.36B, Won’t Decertify Data-Gathering Classes
SAN FRANCISCO — Following a California federal jury’s award of $425 million to two classes of mobile device users against Google LLC for tracking their online activity after telling them that it would not, a judge denied a posttrial motion by the plaintiffs for a permanent injunction and disgorgement of $2.36 billion of Google’s profits allegedly from “misconduct” and denied a motion by Google to decertify the plaintiffs’ classes.
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February 04, 2026
DOJ Files Statement Of Interest In ADA ‘Violation’ Online Retailer Class Suit
OAKLAND, Calif. — The Department of Justice (DOJ) filed a statement of interest urging a California federal court to reject an amended settlement in which an online clothing retailer agreed to pay a gross settlement amount of $5.15 million in a putative class action alleging that the retailer violated the Americans with Disabilities Act (ADA) and similar California law by not designing its website to be accessible to blind or visually-impaired persons.
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February 04, 2026
1st Circuit Upholds Luxury Hotel’s Unpaid Wages Settlement With Former Workers
BOSTON — A First Circuit U.S. Court of Appeals panel affirmed a lower court’s ruling that held the owner and leadership of a luxury hotel to a global settlement deal with several individuals and a certified class of former employees who sued for unfair wages after the hotel challenged the agreement, opining that the lone attorney who represented both the individuals and the class was allowed to negotiate all of the settlements, among other findings.
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February 03, 2026
Interlocutory Appeal Of August Partial Dismissal Of USAID Shutdown Suit Denied
GREENBELT, Md. — A federal judge in Maryland denied federal government parties’ motion for certification of an August 2025 opinion for interlocutory appeal in a class case by former U.S. Agency for International Development (USAID) workers who allege that actions by Elon Musk and others in the federal government to shut down the agency violate the U.S. Constitution; the August decision partially granted a motion to dismiss as to the claims brought against President Donald J. Trump.
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February 03, 2026
Illinois Graduate Class Certified In BIPA Case Against Ceremony Photographer
EAST ST. LOUIS, Ill. — Illinois graduates suing the company that captured photos of their ceremonies for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting their biometric identifiers to use facial recognition to identify all photos in which each graduate appears and offer them for sale may proceed as a class, a federal judge in Illinois ruled, granting a motion for class certification.
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February 03, 2026
5th Circuit: District Court Wrong To Dismiss Stock Drop Suit With Prejudice
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel held that a lower court was wrong to dismiss investors’ putative class action against a telecommunications corporation and certain of its executives for misleading investors about its failure to remedy old lead-sheathed telephone cables, finding that the lower court did not provide an analysis to support dismissing the complaint with prejudice.
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February 03, 2026
Third-Party Payer Class Tells High Court That Review Not Needed In Certification Spat
WASHINGTON, D.C. — A Ninth Circuit U.S. Court of Appeals ruling that found no error in the certification of a national third-party payer (TPP) class of entities that paid for the diabetes drug Actos, despite the court recognizing that there is no way to calculate the number of class members that were not harmed, does not warrant review by the U.S. Supreme Court, Painters and Allied Trades District Council 82 Health Care Fund argues in an opposition filed Feb. 2.
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February 03, 2026
Judge Approves $3M Settlement Of Consumers’, Employees’ Data Breach Claims
SEATTLE — A federal judge in Washington granted final approval to a settlement worth $3 million, including $1 million in attorney fees, in favor of a class of more than 34,000 individuals who alleged that their sensitive data was breached during a hack of a workflow solutions company and its subsidiaries in violation of California’s unfair competition law (UCL) and other laws.
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February 03, 2026
23andMe Bankruptcy Judge Approves $50M Settlement; Data Breach MDL To Be Dismissed
The parties to multidistrict litigation in California federal court against 23andMe Inc. and affiliates for a data breach in which millions of customers’ genetic data and personally identifiable information (PII) was hacked filed a joint status report on Feb. 2 stating the plaintiffs will move to dismiss the MDL following the final approval in Missouri federal bankruptcy court of a settlement worth up to $50 million to resolve U.S. customers’ claims against 23andMe, with 25% allocated for attorney fees.
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February 03, 2026
Public Interest Firm, Other Amici Support Trump’s View Of Birthright Citizenship
WASHINGTON, D.C. — The Kirkwood Institute Inc. and two legal scholars in a Feb. 2 amicus curiae brief are the latest to support in the class case before the U.S. Supreme Court the view of birthright citizenship held by President Donald J. Trump and federal agencies on whether a January 2025 executive order (EO) that declared that children born in the United States are not citizens when their mother is “unlawfully present in the United States” or their mother’s presence is “temporary” and their father is not a U.S. citizen or lawful permanent resident complies with the 14th Amendment to the U.S. Constitution and the Immigration and Nationality Act (INA).
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February 03, 2026
Google Assistant Users Seek Approval Of $68M Settlement For Eavesdropping Claims
SAN JOSE, Calif. — A California federal judge terminated a hearing date after a group of plaintiffs moved for preliminary approval of a $68 million settlement of their putative class claims against Google LLC and Alphabet Inc. (collectively Google) for allegedly eavesdropping on Google Assistant (GA) users in violation of California’s unfair competition law (UCL) and privacy laws.
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February 02, 2026
9th Circuit: Judge Properly Found Securities Claims Against Crypto Firm Barred
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed a lower court’s order granting a motion from an issuer of crypto tokens and its CEO to dismiss class action securities claims against them, finding that the 2017 offering of the tokens was a separate offering from the 2013 offering, making the federal securities claims time-barred.
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February 02, 2026
Former DOL Officials, Other Amici Urge 4th Circuit Affirmance In PRT Case
RICHMOND, Va. — Three amicus curiae briefs filed Jan. 30 urge the Fourth Circuit U.S. Court of Appeals to affirm a ruling that retirees had standing to file a putative class lawsuit that is part of a much-watched string of pension risk transfer (PRT) challenges, with one of those briefs coming from former U.S. Department of Labor (DOL) officials who argue that the Jan. 9 amicus brief the DOL filed here shows that “an effort is underway to limit the scope of” the private right of action under the Employee Retirement Income Security Act.
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January 30, 2026
6th Circuit Grants Rehearing En Banc In Class Action Suit Against Auto Insurer
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 29 granted a petition for rehearing en banc and vacated a panel majority’s opinion that found that an insured met the necessary requirements to certify a class and had standing to bring a class action suit that alleges that an auto insurer breached its contract and acted in bad faith in determining a vehicle’s total loss value.
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January 29, 2026
Government To High Court: Service Members’ Vaccine Mandate Petitions Are Moot
WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 28 — two weeks after the federal government argued in two oppositions that the issue in companion cases is moot — distributed for its Feb. 20 conference two petitions by members of the U.S. Air Force and Space Force that ask the high court to consider in class cases whether the Religious Freedom Restoration Act (RFRA) allows for their reinstatement following their refusal to get the COVID-19 vaccine to include back pay and retirement points.
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January 29, 2026
Class Certification, Summary Judgment Denied In Suit Over NFL Disability Denials
BALTIMORE — Finding that “the commonality and typicality prerequisites are not met here,” a Maryland federal judge on Jan. 28 declined to certify “a class spanning over five decades of NFL players” in a suit over NFL disability benefits; in separate rulings the same day, she denied three motions in which the defendants sought summary judgment and denied the plaintiffs’ motion to strike two declarations submitted in support of the summary judgment motions.
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January 29, 2026
Pension Benefits Statements Case Dismissed By Agreement Of Parties
LOS ANGELES — A putative class pension benefit statements case on its second remand from the Ninth Circuit U.S. Court of Appeals was dismissed with prejudice by a California federal judge on Jan. 28 pursuant to a joint stipulation.