Mealey's Class Actions

  • June 21, 2024

    Stalking Victims Defend UCL Claims Against Apple Over AirTag Use

    SAN FRANCISCO — A group of putative class plaintiffs who claim that Apple Inc.’s “AirTag” tracking devices were used to stalk them oppose Apple Inc.’s motion to dismiss their second amended complaint (SAC), asserting that they have cured pleading deficiencies identified by a California federal court and have sufficiently alleged injury under California’s unfair competition law (UCL) and established that California law applies to both in-state and out-of-state plaintiffs.

  • June 21, 2024

    Summary Judgment Bid Fails In ERISA Row Focused On Fund Managers’ ESG Efforts

    FORT WORTH, Texas — A bench trial is scheduled to start June 24 in a high-profile class action over environmental, social and governance (ESG) considerations and the purported proxy voting activism of investment management firms, with a Texas federal judge denying the defendants’ summary judgment motion on June 20.

  • June 21, 2024

    Golden Corral Employees File Consolidated Complaint Over 2023 Data Breach

    RALEIGH, N.C. — One month after six lawsuits against Golden Corral Corp. were consolidated in North Carolina federal court, a group of its present and former employees on June 20 filed a consolidated complaint alleging that the restaurant chain acted negligently by not properly protecting their personally identifiable information (PII) from a data breach that they assert could have been avoided if the company had employed proper security measures.

  • June 21, 2024

    Judge Allows Minors’ Data Collection Claims Against Google And Subsidiaries

    SAN FRANCISCO — A California federal judge denied Google LLC and its advertising subsidiaries’ motion to dismiss a nationwide putative class action brought against them by minors for collecting their personal data before the age of 13 in violation of California’s unfair competition law (UCL) and other states’ consumer protection laws.

  • June 21, 2024

    Revised $195,000 Class Deal Gets Initial OK In Suit Alleging Fraudulent Policies

    SANTA ANA, Calif. — Ruling various revisions sufficient, a California federal judge granted preliminary approval to a $195,000 settlement in a suit over alleged fraud involving captive reinsurance, also modifying the preliminarily certified settlement class.

  • June 20, 2024

    J&J Says Talc Plaintiffs Lack Power, Precedent To Block Bankruptcy

    TRENTON, N.J. —Talc plaintiffs waited too long to raise meritless claims of allegedly fraudulent corporate restructurings and lack the power to ask a district court to prevent a bankruptcy filing, Johnson & Johnson (J&J) and related entities tell a federal court in New Jersey in opposing injunctive relief.

  • June 20, 2024

    Mortgage Discrimination Case Against Navy Federal Credit Union Partially Dismissed

    ALEXANDRIA, Va. — A Virginia federal judge has granted partial dismissal of a racial discrimination loan case against the Navy Federal Credit Unition by nine individuals and struck their motion to certify the case as a class action.

  • June 19, 2024

    $4.5M Settlement Ends Class Suit Over Indefinite Jail Due To Poverty

    ST. LOUIS — A federal judge in Missouri on June 18 granted final approval of a $4.5 million class settlement in a lawsuit by individuals who allege that they were held in Ferguson, Mo.’s jail solely because they are impoverished and were unable able to make monetary payments for minor offenses such as traffic tickets.

  • June 19, 2024

    Judge Rejects AI Hiring Firm’s Attack On Class Jurisdiction Ruling

    CHICAGO — An artificial intelligence hiring platform’s contacts in Illinois satisfy Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct. and provide for jurisdiction in the state, a federal judge said June 18 in denying a motion for reconsideration of a ruling denying a motion to dismiss.

  • June 19, 2024

    JPMDL To Mull Consolidation Of Cases Alleging Benzene In Acne Products

    WASHINGTON, D.C.  — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) will meet in Portland, Maine, on July 25 to decide whether to consolidate for pretrial purposes cases that allege that users of benzoyl peroxide (BPO) products for the treatment of acne vulgaris, including creams, washes, scrubs and bars, were inadequately warned about the presence of benzene.

  • June 19, 2024

    2nd Dismissal Ruling In ERISA Forfeiture Reallocation Cases Disagrees With 1st

    SAN JOSE, Calif. — Taking issue with the only other dismissal ruling in recent Employee Retirement Income Security Act cases filed against retirement plan sponsors for allegedly not putting forfeited nonvested matching contributions toward administrative expenses, a California federal judge granted dismissal with leave to amend a complaint that she called “a swing for the fences.”

  • June 19, 2024

    Engineering Firm Insists It Owed No Duty To Flint Water Bellwether Plaintiffs

    ANN ARBOR, Mich. — An engineering firm that is a defendant in the litigation over the lead-contaminated water crisis in Flint, Mich., filed a reply brief on June 18 in Michigan federal court reiterating its insistence that it did not owe a duty of care to a group known as the Bellwether III plaintiffs because under Michigan law, a professional generally owes a duty only to clients, and the firm’s client was the city of Flint.

  • June 19, 2024

    Medical Supply Company Seeks Extension For Response In TCPA FCC Rule Appeal

    WASHINGTON, D.C. — A medical supply company accused of sending unsolicited faxes in violation of the Telephone Consumer Protection Act (TCPA) on June 18 filed a request in the U.S. Supreme Court for an additional month for its response to a chiropractic practice’s petition for a writ of certiorari seeking a decision on whether the Federal Communications Commission’s interpretation of the TCPA must be accepted, a question that the practice says the high court was set to rule on five years ago.

  • June 19, 2024

    Star Tribune’s $2.9M Video Privacy Protection Act Class Settlement Granted Final OK

    MINNEAPOLIS — A federal judge in Minnesota granted final approval of a $2.9 million settlement to be paid by Star Tribune Media Co. LLC to end class claims alleging that it violated the Video Privacy Protection Act (VPPA) when it shared its website subscribers’ video viewing history with Facebook.

  • June 19, 2024

    California Class Complaint Accuses Apple Of Paying Women Less Than Men

    SAN FRANCISCO — Apple Inc. “systematically” pays females employees lower wages than similarly situated male employees, a putative class complaint filed in a California court by two female employees alleges.

  • June 18, 2024

    In Latest Suit, Women Seek Medical Monitoring Over Johnson & Johnson Talc

    TRENTON, N.J. — Women filed a putative class action in a New Jersey federal court against various Johnson & Johnson (J&J) entities on June 17 alleging fraud and misrepresentation among other claims and seeking medical monitoring for all women who used talc-based products on their genital area over a four-year period starting in 1960 and have not yet filed suit against the companies.

  • June 18, 2024

    9th Circuit Affirms Dismissal Of Power Monitoring Claims Against Solar Company

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals on June 17 affirmed the dismissal of a consumer’s putative class action suit against a solar panel manufacturer for violation of California’s unfair competition law (UCL) and other laws, finding that the manufacturer did not guarantee that it could provide power production monitoring indefinitely and explicitly warned customers that its third-party monitoring service could be phased out.

  • June 18, 2024

    2nd Circuit Vacates Addition Of Former Subsidiary In Wage Class Case, Remands

    NEW YORK — A trial court erred when it joined an employer’s former subsidiary as a necessary party in a wage-and-hour putative class suit and when it dismissed the case for lack of jurisdiction under the Class Action Fairness Act (CAFA), the Second Circuit U.S. Court of Appeals ruled in a summary order, vacating the judgment in the former employee’s case and remanding for further proceedings.

  • June 18, 2024

    Cheese Makers, Workers Settle Wage Claims After Verdict For Employers

    FRESNO, Calif. — A $3.5 million settlement negotiated between Leprino Foods Co. and Leprino Foods Dairy Products Co. (together, Leprino) and workers whose wage-and-hour class claims resulted in a jury verdict for Leprino was granted final approval by a federal magistrate judge in California on June 17.

  • June 18, 2024

    Panera $4 Million Advertised Delivery Fee Settlement Ends 3 Class Lawsuits

    ST. LOUIS — A class settlement between a fast food chain and customers with a value of more than $4 million was approved by a Missouri judge, ending three class complaints alleging that Panera Bread Co. and Panera LLC (together, Panera) falsely advertised no- or low-cost delivery fees while charging customers additional hidden charges when food delivery increased in popularity during the COVID-19 pandemic.

  • June 18, 2024

    $2.5M Wage-And-Hour Settlement For Arizona Chauffeurs Preliminarily OK’d

    PHOENIX — A federal judge in Arizona granted preliminary approval of a $2.5 million class settlement between employers and chauffer drivers who say that they were improperly denied minimum, straight and overtime wages.

  • June 17, 2024

    9th Circuit: Class Scope Ambiguity ‘Should Be Resolved In Favor Of Tolling’

    SAN FRANCISCO — Where a class definition is narrowed, any dispute or ambiguity regarding the applicability to certain plaintiffs “should be resolved in favor of tolling so that bystander members of the class need not rush to file separate actions to protect their rights,” the Ninth Circuit U.S. Court of Appeals ruled June 14, answering a question the panel stated was one of first impression.

  • June 17, 2024

    9th Circuit Affirms Dismissal Of UCL Suit Against Energizer Over ‘50% Longer’ Claims

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on June 14 affirmed a district court’s dismissal of putative class action claims that a new variety of “Energizer” brand batteries was deceptively marketed as “up to 50% longer lasting,” finding that the battery labels contain qualifying statements and do not violate California consumer protection laws.

  • June 17, 2024

    Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal

    SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.

  • June 17, 2024

    StubHub, Ticket Purchasers Dismiss 28 Class Claims In Pandemic Cancellation Suit

    OAKLAND, Calif. — StubHub Inc. and the ticket purchasers who accuse StubHub in a consolidated class complaint in a federal court in California of changing its refund policies for events canceled or rescheduled due to the COVID-19 pandemic filed a stipulation to dismiss 28 of the 31 claims, leaving in place claims under California’s Consumers Legal Remedies Act (CLRA), unfair competition law (UCL) and false advertising law (FAL).