Mealey's Class Actions : Mealey's : Legal News & Analysis

Mealey's Class Actions

October 30, 2024
College Students: Schools Conspired Over Financial Aid, Noncustodial Parent Assets

CHICAGO — Two university students, one current and one former, filed a putative class complaint against College Board and more than three dozen colleges and universities in a federal court in Illinois alleging that the defendants conspired to require students to submit aid information for noncustodial parents and included that information when determining students’ need-based financial aid.
October 30, 2024
Judge Bars Economics Expert In Avandia Third-Party Payer’s Bid For Class Action

PHILADELPHIA — The Pennsylvania federal judge overseeing the Avandia multidistrict litigation agreed with GlaxoSmithKline PLC (GSK) that an economic expert retained by third-party payers who bought the diabetes pill and are seeking class certification cannot testify under Daubert v. Merrell Dow Pharmaceuticals Inc.
October 30, 2024
‘Ghost Networks’ Are Subject Of Putative Class Action Against Health Insurers

NEW YORK — Challenging what they call “ghost networks” under federal and New York law, plaintiffs sued health insurers that operate as Anthem Blue Cross and Anthem Blue Cross and Blue Shield in New York federal court, seeking to represent a putative class of participants in Anthem’s Federal Employees Health Benefits (FEHB) program.
October 30, 2024
Objectors Appeal $17.3M Attorney Fees Award In Settled Oil, Gas Royalty Class Suit

OKLAHOMA CITY — Two objectors in an oil and gas royalty payments class lawsuit that has gone on for more than a dozen years and that was settled for $52 million filed two separate notices of appeal after a federal judge in Oklahoma granted a renewed motion for $17,333,333 in attorney fees.
October 30, 2024
Interlocutory Appeal Filed After Dismissal Ruling In NYC Workers’ Vaccine Case

BROOKLYN, N.Y. — New York City workers who filed a putative class lawsuit after they were placed on leave for refusing a COVID-19 vaccine or claim that they were “coerced” into getting the vaccine filed a notice of interlocutory appeal after a federal judge in New York largely dismissed their claims.
October 30, 2024
Credit Unions Seek Final OK Of Wawa Data Breach Suit Settlement, Fees Award

PHILADELPHIA — One year after preliminary approval was given to a settlement between a class of financial institutions (FIs) and Wawa Inc. in a suit over a 2019 data breach experienced by the convenience store chain, the FIs filed a motion in Pennsylvania federal court for final approval of the settlement, which is valued at $28.5 million, as well as a motion for an attorney fees and costs award of $8.5 million.
October 29, 2024
For-Profit University Settles Claims Of Fraudulent Degree Scheme For $28.5 Million

BALTIMORE — A for-profit university accused by students of “exploiting” Black and female doctor of business administration (DBA) students by advertising the program as one that can be completed in a “reasonable” amount of time for a “reasonable” cost while knowing “that degree to be much more expensive” will settle class claims for $28.5 million, according to an agreement approved by a federal judge in Maryland.
October 29, 2024
College’s $575,000 Settlement With Students Over Pandemic Refunds Granted Final OK

HARRISBURG, Pa. — A federal judge in Pennsylvania on Oct. 28 granted final approval of a $575,000 settlement to be paid by Lebanon Valley College (LVC) to end a class complaint by students seeking refunds for tuition and fees after classes switched from in-person to remote in response to the coronavirus pandemic; separately, the judge awarded attorney fees, expenses and a $2,500 class contribution award the same day.
October 29, 2024
Parties To Google AI Copyright Suits Stipulate To Consolidation

SAN JOSE, Calif. — Parties in two California federal class actions challenging the use of data in the training of artificial intelligence stipulated to consolidation with previously related cases in the wake of a motion asking for such relief by Google LLC and its parent Alphabet Inc.
October 29, 2024
Settlement With 7th Prevailing Defendant In Chicken Price-Fixing Suit Approved

CHICAGO — A federal judge in Illinois granted final approval of a settlement in an antitrust case accusing broiler sellers of fixing the prices for chicken between direct-purchaser plaintiffs (DPPs) and the seventh and final prevailing defendant, which eliminates the DPPs from having to pay litigation costs; the agreement as to the six other prevailing defendants was granted final approval in July.
October 29, 2024
Religious Bias Claims By 30 Dismissed In Mass Action Over Airline’s Vaccine Mandate

HONOLULU, Hawaii — A federal judge in Hawaii granted an airline’s motion to partially dismiss discrimination claims made by workers in a mass action filed after a vaccine policy was implemented in August 2021 in the midst of the coronavirus pandemic.
October 29, 2024
Initial OK Given To $525,000 Settlement Of Philadelphia Inquirer Data Breach Suit

PHILADELPHIA — Granting an unopposed motion to preliminarily approve the settlement of a putative class action brought by past and present employees against the Philadelphia Inquirer over a 2023 data breach, a Pennsylvania federal judge deemed the proposed agreement, which includes a $525,000 settlement fund, to be “fair, reasonable and adequate.”
October 28, 2024
SoClean: Philips Shows No Economic Loss; CPAP Class Action Should Be Tossed

PITTSBURGH — SoClean Inc., a manufacturer of equipment that uses ozone to clean and disinfect continuous positive air pressure (CPAP) sleep apnea devices and respirators, moved to dismiss a putative class action filed by a manufacturer of recalled CPAP machines that reached a settlement in a related multidistrict litigation to resolve economic losses and argues that it should represent the MDL plaintiffs’ interests in its suit against SoClean.
October 28, 2024
Judge Grants Preliminary OK To $20M Settlement Over Apple Watch Battery Swelling

SAN FRANCISCO — A California federal judge on Oct. 25 granted a motion for preliminary approval of a $20 million settlement between Apple Inc. and plaintiffs who sought damages from Apple on behalf of a nationwide class for violating California’s unfair competition law (UCL) and other laws based on a battery swelling defect with early-model Apple Watches that in some cases caused watch screens to detach or shatter.
October 28, 2024
Docs Put On Record After Oral Argument In ERISA Pension Risk Transfer Case

GREENBELT, Md. — After oral argument on the only fully briefed dismissal motion among the similar recent putative class actions challenging pension risk transfers (PRTs) under the Employee Retirement Income Security Act, Lockheed Martin Corp. filed 10 documents at the direction of a Maryland federal judge.
October 25, 2024
Judge Won’t Dismiss Class Suit Over Citric Acid In Cape Cod Potato Chips

SAN FRANCISCO — A California federal judge granted in part and denied in part two food companies’ motion to dismiss a putative class action lawsuit accusing them of concealing the presence of citric acid in its Cape Cod brand potato chips product from consumers in violation of California’s unfair competition law (UCL) and other statutes, rejecting its argument that the ingredient is used for flavor, not as a preservative.
October 25, 2024
Alexa AI Voice Plaintiffs Seeking Class Certification Point To Recent BIPA Ruling

CHICAGO — A federal judge recently certified a class action after finding that finger scans fell within the definition of fingerprints and were governed by the Illinois Biometric Information Privacy Act (BIPA), plaintiffs in a federal court in Illinois challenging the capture and use of voices for training the Alexa artificial intelligence said in an unopposed motion for leave to file supplemental authority.
October 24, 2024
Fracking Royalty Owners Seek Class Certification, Say Case Is Not Too Complex

WHEELING, W.Va. — The plaintiffs who are suing Southwestern Energy Co. and Southwestern Production Co. LLC (collectively, Southwestern) alleging that they paid diminished royalty payments regarding hydraulic fracturing mineral rights have filed a reply brief in West Virginia federal court in support of a motion for class certification, contending that Southwestern takes “a time-honored but unremarkable approach in its argument, largely insisting that this case is far more complex than it really is and that untold numbers of individualized inquiries requiring endless ‘mini-trials’ stand firmly in the way of certifying the proposed class.”
October 24, 2024
Chauffeurs Appeal 6 Orders After $2.5M Wage Settlement Granted Final Approval

PHOENIX — Chauffeur drivers who brought a class and collective action wage-and-hour complaint in a federal court in Arizona filed a revised and corrected notice of appeal as to six 2023 orders; the filing came a month after the drivers’ $2.5 million settlement with their employers was granted final approval.
October 24, 2024
Challenge To Summary Judgment, Exclusion Ruling In ERISA Fees Row Is Dropped

PHILADELPHIA — An appeal of a summary judgment and expert exclusion ruling in an Employee Retirement Income Security Act class action over allegedly excessive record-keeping fees has been dismissed with prejudice under a stipulation filed in the Third Circuit U.S. Court of Appeals.
October 24, 2024
11th Circuit Vacates Class Certification In University Pandemic Closure Suit

ATLANTA — A trial court’s predominance analysis when granting class certification in a lawsuit by the parent of an Emory University student was an abuse of discretion, an 11th Circuit U.S. Court of Appeals panel ruled in a per curiam opinion, vacating and remanding the case in which the parent seeks money back after classes and services were impacted due to the COVID-19.
October 24, 2024
Driver’s Claims For Larger COVID-19 Refunds Properly Dismissed, 9th Circuit Told

SAN FRANCISCO — GEICO in an Oct. 23 appellee brief tells the Ninth Circuit U.S. Court of Appeals that a federal judge properly granted summary judgment on an insured driver’s class action claim against it for violating California’s unfair competition law (UCL) by providing drivers an insufficient rebate on premiums after COVID-19, arguing that its rebate was fair under the relevant policy and state insurance regulations.
October 24, 2024
$92M Attorney Fee Award Entered In ACA Row Between Health Insurers And Government

WASHINGTON, D.C. — Pursuant to the opinion and order issued by a U.S. Court of Federal Claims judge granting class counsel’s renewed motions for approval of attorney fee requests, the clerk of court entered a judgment of $92,424,335.84 to class counsel in a risk-corridor payment dispute under the Patient Protection and Affordable Care Act (ACA) that is related to a similar suit involving insurers in liquidation also seeking compensation under the ACA.
October 23, 2024
ERISA ‘Excessive Fee’ Settlements, Proposals Under $5M

Class settlements below $5 million have been finalized or proposed in 27 “excessive fee” Employee Retirement Income Security Act cases between May and mid-October.
October 23, 2024
2nd Circuit Affirms Dismissal Of Investors’ $500M Class Claims Against Wells Fargo

NEW YORK — The Second Circuit U.S. Court of Appeals affirmed the dismissal of a putative class action in which two investors sought more than $500 million in damages from Wells Fargo Securities LLC for abruptly liquidating a portfolio of investments, finding that the investors failed to allege that Wells Fargo owed them a duty and failed to allege a contractual relationship that Wells Fargo breached.