Mealey's Class Actions
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December 04, 2024
Company Seeks Contempt Ruling For Residents In Fracking Waste Pollution Case
PITTSBURGH — A hydraulic fracturing operator on Dec. 3 filed a reply brief in Pennsylvania federal court arguing that a putative class of residents who argue that their water supply has been contaminated by fracking waste fluid “persist in their effort to conceal” data related to the report of one of their experts. The fracking operator says the residents should produce the complete data or be prevented from using the expert that relies on that data.
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December 04, 2024
Government Files Amicus Brief Urging Reversal Of 2nd Circuit ERISA Ruling
WASHINGTON, D.C. — A day after the U.S. government filed an amicus curiae brief in the U.S. Supreme Court supporting petitioners on the question of what is necessary to state an Employee Retirement Income Security Act claim for a prohibited transaction between a plan and a party in interest, the petitioners on Dec. 3 submitted a corrected merits brief.
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December 04, 2024
$8.85 Million Breyers Natural Vanilla Ice Cream Labeling Class Settlement Approved
BRONX, N.Y. — A New York justice granted final approval of an $8.85 million class settlement between Conopco Inc., Unilever United States Inc. and consumers who alleged that the defendants’ Breyers “Natural Vanilla” ice cream is misleadingly marketed as containing only vanilla flavor derived from the vanilla plant.
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December 04, 2024
Coalition, Group Support Arguments In High Court On FCC’s TCPA Interpretation
WASHINGTON, D.C. — A coalition of national local government organizations and a consumer advocacy organization filed separate amicus briefs in the U.S. Supreme Court supporting arguments by a chiropractic practice that the Ninth Circuit U.S. Court of Appeals erred when it determined that a trial court must accept the Federal Communications Commission’s interpretation of what constitutes faxes prohibited by the Telephone Consumer Protection Act (TCPA).
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December 04, 2024
Jackson Hewitt $10.8M Wage Suppression Class Settlement Granted Final OK
NEWARK, N.J. — A federal judge in New Jersey granted final approval of a $10.8 million settlement in a class complaint by individuals who worked for a tax preparation franchisor or franchisees and alleged that there was a conspiracy to suppress compensation via no-poach agreements and issued an order granting attorney fees, expenses and service awards.
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December 04, 2024
6th Circuit Vacates Certification Of 10 Classes In Nissan Auto Braking Case
CINCINNATI — Consumers who allege that various vehicles manufactured by Nissan North America Inc. and Nissan Motor Company Ltd. (together, Nissan) have defective automatic braking systems failed to sufficiently establish commonality when moving for class certification, and the lower court failed to perform the appropriate analysis of challenged expert testimony, a Sixth Circuit U.S. Court of Appeals panel ruled, vacating a trial court’s certification of 10 classes.
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December 04, 2024
Settlements Of More Than $204M Approved In Tuna Price-Fixing Case
SAN DIEGO — More than $204 million in settlements in a multidistrict litigation accusing tuna producers of engaging in a price-fixing conspiracy were granted final approval by a federal judge in California who issued those orders along with several granting attorney fees to the purchasers over the course of one week.
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December 03, 2024
In Partial Reversal, Judge Addresses Standing In ERISA Pension Calculation Row
CENTRAL ISLIP, N.Y. — Partly reversing an earlier ruling in the Employee Retirement Income Security Act dispute over using a half-century-old mortality table to calculate joint and survivor annuities (JSAs), a New York federal judge allowed claims asserted on behalf of the plan to proceed in the putative class action while the plaintiffs’ individual claims are arbitrated.
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December 03, 2024
Costs Approved After University’s Pandemic Closure Class Settlement Finalized
PHILADELPHIA — A federal judge in Pennsylvania approved litigation expenses in a student’s class lawsuit over the transition of in-person to online learning due to the coronavirus pandemic; the order was filed just over a week after the $1,153,880 settlement was granted final approval.
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December 03, 2024
Angelos, Asbestos Claimants Resolve Asbestos Malpractice Claims For $57M
BALTIMORE — A judge in Maryland granted final approval of a $57 million settlement resolving asbestos claimants’ legal malpractice claims stemming from Law Offices of Peter G. Angelos PC’s failure to file timely actions after learning about insurance proceeds available in a settlement.
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December 03, 2024
Judge Chides Data Breach Attorneys For ‘Sub-Par’ Work, Reduces Fees Award
NEW HAVEN, Conn. — Despite granting final approval to a $1.5 million settlement of a lawsuit over a health care services provider’s 2022 data breach, as well as the plaintiffs’ requests for service awards and cost reimbursements, a Connecticut federal judge reduced the requested attorney fees award for using “very, very high” rates in light of “significant errors” by plaintiffs’ counsel.
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December 02, 2024
Class Certification Denied For Lack Of Adequacy In Twitter Arbitration Fee Fight
OAKLAND, Calif. — A federal judge in California denied a motion for class certification filed by former Twitter Inc. employees who have sought to compel arbitration against Twitter and X Corp. but have been unable to proceed in part due to Twitter and X’s refusal to pay the required fees, opining that the workers have not show they can adequately represent the proposed class.
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December 02, 2024
High Court’s Look At ERISA Prohibited Transaction Ruling Draws Amicus Input
WASHINGTON, D.C. — Four amicus curiae briefs, the most recent filed Nov. 27, have been filed in the U.S. Supreme Court supporting the petitioners in the high court’s review of what is necessary to state an Employee Retirement Income Security Act claim for a prohibited transaction between a plan fiduciary and a party in interest.
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December 02, 2024
$5M Class Settlement In ERISA Fees, Funds Case Gets Preliminary Approval
PHILADELPHIA — A Pennsylvania federal judge has granted preliminary approval to a $5 million class settlement in an Employee Retirement Income Security Act suit challenging a multiemployer retirement plan’s fund choices, share classes and record-keeping fees.
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December 02, 2024
Nearly $700M Of Settlements In Real Estate Commissions Case Granted Final Approval
KANSAS CITY, Mo. — A federal judge in Missouri on Nov. 27 granted final approval of nearly $700 million in settlements by the National Association of Realtors’ (NAR) and others in a real estate commission class lawsuit accusing NAR and real estate franchises of conspiring to artificially inflate the cost of commissions in residential real estate transactions.
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December 02, 2024
Amicus Bid To Support Dismissal In Pension Risk Transfer Case Draws Opposition
ALBANY, N.Y. — The ERISA Industry Committee (ERIC) has asked a New York federal court for permission to file an amicus curiae brief in a pension risk transfer (PRT) case it says is “pursuing a novel, speculative theory that would limit plan sponsors’ ability to manage future pension expenses,” drawing opposition from retirees who argue that the proposed brief is too late, too long, “offers no unique information or insight that can assist the Court, and would prejudice Plaintiffs.”
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December 02, 2024
Walgreens Lidocaine Labeling Putative Class Suit Voluntarily Dismissed
CHICAGO — A putative class complaint by consumers who accused Walgreen Co., doing business as Walgreens, of misleading labeling on certain lidocaine products was dismissed with prejudice by a federal judge in Illinois after the lead plaintiff filed a voluntary stipulation of dismissal.
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December 02, 2024
9th Circuit: Del Monte Fruit Cup Labels Didn’t Deceive Reasonable Consumers
SAN JOSE, Calif. — A trial court’s dismissal of a putative class complaint accusing a food processing company of deceiving consumers about the ingredients of its fruit cups was proper as the front labeling was not misleading and the back labeling clearly disclosed several synthetic ingredients, a Ninth Circuit U.S. Court of Appeals panel ruled in an unpublished memorandum.
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December 02, 2024
Dog Supplement Maker Seeks High Court Consideration Of Class Certification
WASHINGTON, D.C. — The makers of Cosequin, a pet supplement, filed a petition for a writ of certiorari asking the U.S. Supreme Court to consider whether expert testimony relied on to support a motion for class certification must satisfy the requirements for admissibility.
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December 02, 2024
$17.5 Million New York City Head Covering Removal Settlement Approved
NEW YORK — A federal judge in New York granted final approval of a $17.5 million settlement, including $4,147,460 for attorney fees and costs, to be paid by New York City to end a class complaint by individuals who were forced to remove religious head coverings for post-arrest photos.
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November 27, 2024
Partial Judgment On Pleadings Granted In Long-Running ERISA Case
NEW YORK — A company that provided investment advice to two retirement plans saw its motion for judgment on the pleadings partly granted in a long-running Employee Retirement Income Security Act putative class action challenging fees and funds, with a New York federal judge ruling that issue preclusion applies to some of the allegations.
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November 27, 2024
Effort To Revive Pension Row That Was Ruled Untimely Draws 2nd Amicus Brief
NEW YORK — Weighing in on an Employee Retirement Income Security Act appeal that already drew an amicus curiae brief from the U.S. Department of Labor (DOL), the American Benefits Council and two other amici support part of the appellees’ argument that the Second Circuit U.S. Court of Appeals should affirm that all claims are time-barred in the putative class action in a joint and survivor annuity (JSA) dispute over allegedly outdated mortality tables.
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November 26, 2024
Judgment Entered Dismissing Homeowners’ Defect Suit Against Anchor Maker
SAN FRANCISCO — A California federal judge granted two manufacturing companies’ motion for judgment on the pleadings and dismissed with prejudice a putative class action brought against it by homeowners who accused them of selling them defective home connectors and anchors in breach of warranty and violation of California’s unfair competition law (UCL).
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November 26, 2024
Citing New Expert, Judge Certifies Class In Canadian Talc Case
NEW WESTMINSTER, British Columbia — A Canadian case alleging that perineal use of talc caused ovarian cancer will proceed as a class action after the judge found that newly submitted expert testimony sufficiently cured previous defects in the action.
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November 26, 2024
Court Lacks Jurisdiction Over OnlyFans Subscribers’ Unfair Renewals Suit
SAN FRANCISCO — A California federal judge granted an adult website operator’s motion to dismiss a putative class action brought by plaintiffs who accused it of violating California’s unfair competition law (UCL) by allegedly charging them automatic renewal fees without warning, finding that after amendment and supplementary briefing the plaintiffs failed to establish personal jurisdiction.