Preview: LexisNexis® Mealey's™ Class Actions Legal News
LexisNexis® Mealey's™ Class Actions Legal News
Headline Class Actions Legal News from LexisNexis®
5th Circuit: State Court Approved Settlement Can Preclude FLSA Claims
NEW ORLEANS - A California state court approved opt-out class settlement that released Fair Labor Standards Act (FLSA) claims precludes FLSA claims brought in a federal court on behalf of California plaintiffs, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 14 (Raymond Richardson, et al. v. Wells Fargo Bank, N.A., et al., No. 15-20711, 5th Cir.; 2016 U.S. App. LEXIS 18528).
Whirlpool Dishwasher Settlement Granted Final Approval By California Federal Judge
SANTA ANA, Calif. - A settlement, estimated to be worth up to $100 million by plaintiffs' counsel, ending a class complaint alleging defects in Whirlpool Corp.-manufactured dishwashers that caused them to smoke, spark and catch on fire was granted final approval Oct. 11 by a California federal judge (Steve Chambers, et al. v. Whirlpool Corporation, et al., No. 11-1733, C.D. Calif.; 2016 U.S. Dist. LEXIS 140839).
Health Insurer Pays $33 Million To Settle Chiropractors' Payment Suit
NEWARK, N.J. - Horizon Healthcare Service Inc. and related companies (collectively, Horizon) has already transferred $33 million to an interest-bearing, federally insured escrow account that will be used to pay class members, settlement administration costs above the $160,000 that Horizon is obligated to pay and any attorney fees and costs under a settlement granted final approval by a New Jersey federal judge on Oct. 18, ending a class complaint filed by chiropractors alleging that Horizon systematically denied payment for certain services rendered (Alphonse A. DeMaria, et al. v. Horizon Healthcare Services, Inc. d/b/a Horizon Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.; 2016 U.S. Dist. LEXIS 143941).
Power Home Remodeling Settles TCPA Class Suit For $5.2 Million
PHILADELPHIA - A Pennsylvania federal judge on Oct. 12 granted final approval of a $5.2 million settlement to be paid by Power Home Remodeling Group LLC to end a class complaint accusing the company of placing repeated automated sales calls to the cells phones of more than 1.1 million people in violation of the Telephone Consumer Protection Act (TCPA) (Teofilo Vasco v. Power Home Remodeling Group LLC, No. 15-4623, E.D. Pa.; 2016 U.S. Dist. LEXIS 141044).
North Carolina Federal Judge OKs $32 Million Settlement, Awards $10.7 Million In Fees
GREENSBORO, N.C. - A North Carolina federal judge on Sept. 29 awarded more than $10.7 million in attorney fees, costs and class representative awards after approving a $32 million settlement of a class action dispute over the fees charged to current and former Novant Health Inc. employees who were participants in Novant's retirement plans (Karolyn Kruger, M.D., et al. v. Novant Health Inc., et al., No. 14-208, M.D. N.C.).
California Employer To Pay $6 Million To Settle Federal, State Wage Claims
SAN FRANCISCO - A California federal judge on Oct. 11 granted preliminary approval of a $6 million settlement to be paid by a company that provides asset protection solutions to hourly technicians who are members of a putative class and collective action in which they alleged that they were denied compensation for work-related activities, including mandatory trainings and traveling to and from customer worksites (Edgar Viceral, et al. v. Mistras Group, Inc., No. 15-2198, N.D. Calif.; 2016 U.S. Dist. LEXIS 140759).
Gucci Will Issue Vouchers To Settle Song-Beverly Class Complaint
SAN DIEGO - A California federal judge on Oct. 13 granted final approval to a settlement under which Gucci America Inc. will provide certain consumers with vouchers good for a free item or discount to settle claims that it improperly collected personal information from customers paying with a credit card (Jessica Manner, et al. v. Gucci America, Inc., No. 15-45, S.D. Calif.; 2016 U.S. Dist. LEXIS 142770).
5th Circuit Won't Reconsider Split Ruling On Unnamed Opt-In Plaintiffs' Appeal
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Oct. 14 declined to reconsider its earlier ruling in which a split panel dismissed for want of jurisdiction an appeal by unidentified opt-in plaintiffs in a wage-and-hour dispute who were seeking an extension of equitable tolling (Joanna Marie Wilson, et al. v. Navika Capital Group, L.L.C., et al., No. 15-20204, 5th Cir.; 2016 U.S. App. LEXIS 18552).
Defendants: Flint, Mich., Residents' Claims Fail In Water Crisis Lawsuit
DETROIT - A group of defendants in a putative class action filed by residents of Flint, Mich., contending that various state officials are liable for injuries that have stemmed from exposure to lead-contaminated drinking water moved in Michigan federal court to have the case dismissed on grounds that they are covered by sovereign immunity and federal law pertaining to drinking water "provides a comprehensive remedial scheme which precludes all claims" (Lawrence Washington, Jr., et al. v. Governor Richard Dale Snyder, et al., No. 16- 11247, E.D. Mich.).
Fair Claims Reporting Act Class Action Against Lyft Dismissed For Lack Of Standing
SAN FRANCISCO - In light of the concrete injury in fact requirement established by Spokeo Inc. v. Robins (136 S.Ct. 1540 ), a California federal judge on Oct. 5 dismissed an employee's putative Fair Credit Reporting Act (FCRA) class action against ride-sharing service Lyft Inc., finding that the plaintiff's statutory and privacy violation claims were insufficient to establish standing under Article III of the U.S. Constitution (Michael Nokchan v. Lyft Inc., No. 3:15-CV-03008, N.D. Calif.; 2016 U.S. Dist. LEXIS 138582).
Pennsylvania Federal Judge Allows Class Action Against Wawa To Proceed
PHILADELPHIA - A Pennsylvania federal judge on Oct. 6 denied most parts of a motion to dismiss a class action complaint accusing a man's former employer, Wawa Inc., of violating the Employee Retirement Income Security Act when it forced him and other terminated employees to sell their stock in the company because Wawa's reservation of a right to amend the plan "at any time" did not necessarily give it the authority to reduce the plaintiffs' benefits (Greg Pfeifer v. Wawa, Inc., et al., No. 16-497, E.D. Pa.).
New York Federal Judge Allows 3 Counts In Action Against Deutsche Bank
NEW YORK - A New York federal judge on Oct. 13 allowed three counts in a putative class action complaint alleging that Deutsche Bank entities mismanaged their 401(k) plan in violation of the Employee Retirement Income Security Act to proceed, saying that the plaintiffs' breach of fiduciary duty claim plausibly alleges that the plan fiduciaries breached their duties to act in the best interest of the plan and with due care by failing to remove excessively costly proprietary mutual funds (Ramon Moreno, et al. v. Deutsche Bank Americas Holding Corp., et al., No. 1:15cv9936, S.D. N.Y.; 2016 U.S. Dist. LEXIS 142601).
Investor Properly Pleaded Elements Of Securities Law Claims, Judge Rules
SANTA ANA, Calif. - Defendants in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers have failed to show that the lead plaintiff in the action failed to plead falsity, scienter or adequacy of the allegations in arguing that the defendants misrepresented the clinical trial results for a breast cancer treatment drug the company was developing, a federal judge in California ruled Sept. 30 in denying the defendants' motion to dismiss (Hsingching Hsu v. Puma Biotechnology Inc., et al., No. 15-0865, C.D. Calif.; 2016 U.S. Dist. LEXIS 136527).
Panel: Investor Failed To Plead Strong Inference Of Scienter In Securities Suit
BOSTON - A federal judge did not err in dismissing a securities class action complaint against a pharmaceutical company and certain of its executive officers and directors because a shareholder failed to properly plead scienter, a First Circuit U.S. Court of Appeals panel ruled Oct. 3 (Local No. 8 IBEW Retirement Plan v. Vertex Pharmaceuticals Inc., et al., No. 15-2250, 1st Cir.).
Investor Failed To Plead Elements Of Federal Securities Law Claims, Judge Rules
SAN JOSE, Calif. - A federal judge in California on Oct. 12 granted several motions to dismiss filed by defendants in a securities class action lawsuit against a semiconductor producer and certain of its current and former executive officers, ruling that the lead plaintiff in the action failed to plead the elements of its securities fraud claims as required (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif.; 2016 U.S. Dist. LEXIS 141567).
Judge: Investor Failed To Plead Falsity Against Drug Maker In Securities Suit
SAN DIEGO - The lead plaintiff in a securities class action lawsuit against a drug company and certain of its former executive officers has failed to plead falsity or scienter in making his federal securities laws claims because he has pleaded only generalized allegations in making his claims, a federal judge in California ruled Oct. 7 (Wahid Tadros v. Celladon Corp., et al., No. 15-1458, S.D. Calif.; 2016 U.S. Dist. LEXIS 139956).
Judge Finds Removal Of Wage-Related Class Was Improper, Remands
LOS ANGLES - A California federal judge on Oct. 13 granted a motion to remand a case filed by an employee who alleged wage-related and other claims against his former employer, finding that the amount in controversy did not meet the requirements for removal of a class action to a federal court (Gustavo Segura Santoya v. Consolidated Foundries Inc., et al., No. 16-02232, C.D. Calif.; 2016 U.S. Dist. LEXIS 142112).
Government Defends TCPA Constitutionality In Facebook Text Message Suit
SAN FRANCISCO - The U.S. government intervened in a putative consumer class action in California federal court Oct. 17, filing a memorandum defending the constitutionality of the Telephone Consumer Protection Act (TCPA) in response to a question raised by defendant Facebook Inc. related to allegations that the social network violated the act by sending text notifications without user consent (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).
Class Certification Again Sought In Suit Over Laptops Installed With Spyware
ERIE, Pa. - Eighteen months after the Third Circuit U.S. Court of Appeals affirmed their ability bring class claims against a rent-to-own (RTO) retailer that purportedly installed spyware on their computer, a Wyoming couple on Oct. 14 again moved for class certification to pursue their claims under the Electronic Communications Privacy Act (ECPA) (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).
Subclasses Denied In Inmates' Lawsuit Alleging Lack Of Dental Care
CHICAGO - An Illinois federal judge on Oct. 13 denied a motion to divide a certified class into subclasses filed by inmates who claim that they were denied proper dental care while incarcerated (John Smentek, et al. v. Sheriff of Cook County, et al., No. 09-529, N.D. Ill.; 2016 U.S. Dist. LEXIS 141759).
Reconsideration Of Class Certification Denied In Suits Over Denial Of Care
SAN FRANCISCO - A California federal magistrate judge on Oct. 12 denied a motion filed by United Behavioral Health (UBH) to either reconsider his Sept. 19 certification of a class of insureds accusing UBH of wrongly denying coverage of mental health and substance abuse treatment to thousands or certify the order for interlocutory appeal (David Wit, et al. v. United Behavioral Health, No. 14-2346, Gary Alexander, et al. v. United Behavioral Health, No. 14-5337, N.D. Calif.; 2016 U.S. Dist. LEXIS 141441).
Illinois Federal Judge Certifies Class Of Health Care Plan Participants Suing Insurer
SPRINGFIELD, Ill. - An Illinois federal judge, in a decision filed Oct. 11, certified a class of participants who filed a breach of fiduciary duty lawsuit against a mutual insurance company for allegedly using premiums it obtained through payments made by them for health care coverage to enrich itself, saying that the plaintiffs satisfied all of the Federal Rule of Civil Procedure 23 requirements for certification and that a class action is superior to all other methods of adjudicating the action (Susan Priddy, et al. v. Health Care Services Corp., No. 14-3360, C.D. Ill.; 2016 U.S. Dist. LEXIS 140414).
Jani-King Asks 3rd Circuit To Rehear Its Employment Class Certification Ruling
PHILADELPHIA - One of the largest commercial cleaning franchisors on Oct. 5 filed a petition for rehearing or rehearing en banc of the Third Circuit U.S. Court of Appeals panel's 2-1 decision that a Pennsylvania federal judge properly certified a class of franchisees suing Jani-King over their employment classification, saying it conflicts with Third Circuit and U.S. Supreme Court class action decisions (Darryl Williams, et al. v. Jani-King of Philadelphia, et al., No. 15-2049, 3rd Cir.).
Residents Affected By Toxic Chemical Spill Seek Class Status
KNOXVILLE, Tenn. - A group of residents on Oct. 14 filed a brief in a Tennessee federal court arguing that it should certify a class action against CSX Transportation Inc. and another railroad company related to a spill of toxic chemicals that resulted from a train derailment based on the need to evacuate the residential area surrounding the site (Charles Tipton, et al. v. CSX Transportation Inc., et al., No. 15-311, E.D. Tenn.).
Vivendi Seeks Rehearing Of Panel's Affirmation Of Verdict In Securities Suit
NEW YORK - A Second Circuit U.S. Court of Appeals panel erred in affirming a federal jury's verdict against a French company for issuing a series of misrepresentations regarding liquidity in violation of federal securities law, and rehearing is necessary because the ruling is in conflict with U.S. Supreme Court precedent, the company argues in an Oct. 11 motion for rehearing and rehearing en banc (In re Vivendi S.A. Securities Litigation, No. 15-180, 2nd Cir.).
2nd Circuit: Ball Park Employees' Overtime Wage Class Claims Fail
NEW YORK - Employees of the company running the concession stands at the Baltimore Orioles' ballpark failed to show that they are owed overtime wages as they fall within the Fair Labor Standards Act's (FLSA) "amusement or recreational establishment" exemption, a Second Circuit U.S. Court of Appeals panel ruled Oct. 3, affirming a rejection of the employees' class complaint (William A. Hill, et al. v. Delaware North Companies Sportservice, Inc., No. 15-2109, 2nd Cir.; 2016 U.S. App. LEXIS 17763).
Federal Magistrate Judge Refuses To Expand Class Period For School Bus Drivers
FRESNO, Calif. - A California federal magistrate judge on Oct. 11 granted summary judgment in favor of a school bus transportation company, refusing to expand a class period to assert claims for violation of California's Labor Code and unfair competition law (UCL) related to unpaid wages (Delores Humes, et al. v. First Student Inc., et al., No. 1:15-cv-01861, E.D. Calif.; 2016 U.S. Dist. LEXIS 140867).
10th Circuit: No Damages For Drivers For Unlawful Usage Fee
DENVER - A Kansas federal judge properly entered summary judgment for truck drivers on their claim that the motor carrier for whom they worked violated 49 Code of Federal Regulations Sections 376.12(i) by charging them $15 per week to use a satellite communications system, but erred in finding that the drivers were owed damages, the 10th Circuit U.S. Court of Appeals ruled Oct. 18 (Candace Fox, et al. v. TransAm Leasing, Inc., et al., No. 15-3203, 10th Cir.; 2016 U.S. App. LEXIS 18654).
High Court Asked To Cure Circuit Split Regarding American Pipe Application
WASHINGTON, D.C. - Review of a New York federal court's ruling that an individual investors' securities lawsuit is untimely is warranted because the federal circuit courts are split as to the proper application of U.S. Supreme Court precedent to determine the lawsuit's timeliness, an investor argues in a petition for writ of certiorari filed Sept. 22 in the Supreme Court (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 3443).
Investor: Review Of Securities Suit Ruling Would Clear Up Split Among Circuits
WASHINGTON, D.C. - The U.S. Supreme Court should hear an appeal of a New York federal court's dismissal of a securities class action lawsuit as untimely filed because the case provides it with an opportunity to clear up a split among the circuit courts as to the proper application to the American Pipe & Construction Co. v. Utah (414 U.S. 538 ) doctrine, an investor argues in a petition for writ of certiorari filed Aug. 12 in the U.S. Supreme Court (DeKalb County Pension Fund v. Transocean Ltd., et al., No. 16-206, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 2982).
Flint, Mich., Residents: State Department Of Education Liable in Lead Water Crisis
DETROIT - A class of Michigan residents on Oct. 18 filed a putative class action lawsuit against the Michigan Department of Education (MDE), seeking declaratory and injunctive relief "to vindicate the rights" of school-age children residing in Flint, Mich., who currently have disabilities, or who are at risk of developing them, due to elevated levels of lead in the drinking water (D.R., as a minor through parent and next friend Dawn Richardson, et al. v. Michigan Department of Education, et al., No. 16-cv-13694, E.D. Mich.).
Philadelphia Accused Of Issuing Speeding Citations Without Authorization
PHILADELPHIA - The City of Philadelphia has been issuing speeding tickets on certain divided or limited access highways without authorization, three Pennsylvania residents allege in a class complaint filed in the Philadelphia County Court of Common Pleas on Oct. 6 (Dominick Owens, et al. v. City of Philadelphia, No. 161000388, Pa. Comm. Pls., Philadelphia Co.).
Class Action Accuses Wells Fargo & Co. Of 'Cross-Selling' Scheme
MINNEAPOLIS - A participant in and beneficiary of the Wells Fargo & Co.'s 401(k) Plan filed a putative class action lawsuit in Minnesota federal court Oct. 7, alleging violations of Sections 409 and 502 of the Employee Retirement Income Security Act for allegedly encouraging and causing employees to sign up customers for unauthorized and unwanted accounts and other banking products to generate inflated share price growth (Francesca Allen, et al. v. Wells Fargo & Co., et al., No. 16-3405, D. Minn.).
Wells Fargo 401(k) Plan Participant Files Class Action Under ERISA
MINNEAPOLIS - A former Wells Fargo & Co. employee and participant in its 401(k) plan on Oct. 14 filed a class action complaint under the Employee Retirement Income Security Act against the company, former and current executives and investment committee members, alleging that they breached their fiduciary duty by, among other things, retaining common stock of Wells Fargo as an investment option in the plan when a reasonable fiduciary using the "care, skill prudence, and diligence . . . that a prudent man acting in a like capacity and familiar with such matters" would have done otherwise (Lynette Fletcher, et al. v. Wells Fargo & Co., et al., No. 0:16-cv-03495, D. Minn.).
U.S. High Court Declines To Hear NCAA, Student-Athletes Appeals
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied petitions for writ of certiorari filed by both student-athletes and the National Collegiate Athletic Association (NCAA) after the Ninth Circuit U.S. Court of Appeals ruled that NCAA regulations are subject to antitrust scrutiny and, pursuant to the rule of reason, the NCAA must allow its schools to provide compensation to their student-athletes up to the cost of attendance (Edward C. O'Bannon, Jr., et al. v. National Collegiate Athletic Association, No. 15-1167, National Collegiate Athletic Association v. Edward C. O'Bannon, Jr., et al., No. 15-1388, U.S. Sup.).
Objectors To NFL Concussion Settlement Seek Supreme Court Review
WASHINGTON, D.C. - Thirty-one former football players who oppose the concussion settlement between former players and the National Football League (NFL) on Sept. 26 filed a petition for a writ of certiorari with the U.S. Supreme Court, hoping to stop the $1 billion settlement from taking effect because they believe it is unfair to players who have not yet been diagnosed with a brain injury (Raymond Armstrong, et al. v. National Football League, et al., No. 16A186, U.S. Sup.).
U.S. High Court Won't Hear Objector's Appeal Of LexisNexis Data Settlement
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an objector of a class settlement by LexisNexis Risk & Information Analytics Group Inc., Seisint Inc. and Reed Elsevier Inc. (collectively, Lexis) under which the defendants will provide monetary compensation and alter some of their products and distribution methods to end a class complaint filed by consumers who allege that reports being sold to debt collectors violate the Fair Credit Reporting Act (FCRA) (Adam E. Schulman v. LexisNexis Risk and Information Analytics Group, Inc., et al., No. 15-1420, U.S. Sup.; 2016 U.S. LEXIS 5254).
U.S. Supreme Court Won't Review Ketek Third-Party Payer RICO Class Denial
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied certiorari for three third-party payers that allege that Sanofi-Aventis U.S. Inc. violated the Racketeer Influenced and Corrupt Organizations (RICO) Act by fraudulently inducing doctors to prescribe the antibiotic Ketek (Sergeants Benevolent Association Health and Welfare Fund, et al. v. Sanofi-Aventis U.S., Inc., No.15-1525, U.S. Sup.).
11th Circuit Allows FLSA Collective Action, State Law Class Action In 1 Suit
ATLANTA - A Fair Labor Standards Act (FLSA) collective action and Federal Rule of Civil Procedure 23(b)(3) state law class action are permitted in the same proceeding, an 11th Circuit U.S. Court of Appeals panel ruled Sept. 28, reversing a ruling by the trial court finding that those two types of actions are "mutually exclusive and irreconcilable" (Kevin Calderone, et al. v. Michael Scott, No. 15-14187, 11th Cir.; 2016 U.S. App. LEXIS 17606).
Split En Banc 5th Circuit Affirms Class Certification In Pyramid Scheme Suit
NEW ORLEANS - A sharply divided en banc Fifth Circuit U.S. Court of Appeals on Sept. 30 affirmed certification of a class of individuals who signed up to sell utility contracts to others but now seek to recover the money they lost, alleging that they were part of a fraudulent pyramid scheme (Juan Ramon Torres, et al. v. S.G.E. Management, L.L.C., et al., No. 14-20128, 5th Cir.; 2016 U.S. App. LEXIS 17746).
Split 3rd Circuit Affirms Class Certification In Case Against Jani-King
PHILADELPHIA - A split Third Circuit U.S. Court of Appeals panel on Sept. 21 affirmed that a Pennsylvania federal judge properly certified a class of franchisees suing one of the largest commercial cleaning franchisors over their employment classification, saying the claims in this case are "susceptible to class-wide determination" (Darryl Williams, et al. v. Jani-King of Philadelphia, et al., No. 15-2049, 3rd Cir.; 2016 U.S. App. LEXIS 17223).
Judge Upholds Denial Of Class Certification For Unmanifested Asbestos Claims
WILMINGTON, Del. - A Delaware federal judge on Sept. 28 affirmed a bankruptcy court's denial of class certification for holders of possible future asbestos injury claims against Chapter 11 debtor Energy Future Holdings Corp., holding that the court did not abuse its discretion in finding that the proposed class would not be superior to individual litigation (Michael Cunningham, et al. v. Energy Future Holdings Corp., No. 15-1218, D. Del.; 2016 U.S. Dist. LEXIS 133167).
Class Certification Granted To Ford Focus Owners In Suspension Defect Suit
SACRAMENTO, Calif. - A California federal judge on Sept. 23 certified a class of Ford Focus owners who claim that a defect in the rear suspension of 2005 to 2011 models caused premature tire wear (Margie Daniel, et al. v. Ford Motor Company, No. 11-2890, E.D. Calif.; 2016 U.S. Dist. LEXIS 130745).
3rd Circuit Vacates Dismissal, Class Certification Rulings In Deportation Suit
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Sept. 22 vacated a trial court's partial dismissal and denial of class certification rulings issued in a lawsuit by foreign nationals who claim that attempts to deport them following criminal convictions are unconstitutional (Garfield Gayle, et al. v. Warden Monmouth County Correctional Institution, et al., No. 15-1785, 3rd Cir.; 2016 U.S. App. LEXIS 17321).
New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant
NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway Feast Inc., et al., Nos. 15-3312, 15-4046, 15-4049, S.D. N.Y.; 2016 U.S. Dist. LEXIS 130658).
Class Certified In Suits Alleging Denial Of Mental Health, Abuse Treatment
SAN FRANCISCO - A California federal judge on Sept. 19 certified a class of insureds accusing their health insurance provider of wrongly denying coverage of mental health and substance abuse treatment to thousands and claiming that the provider is an ERISA fiduciary under 29 U.S. Code Section 1104(a) "and therefore owes a duty to discharge its duties 'with . . . care, skill, prudence, and diligence' and 'solely in the interest of the participants and beneficiaries'" (David Wit, et al. v. United Behavioral Health, No. 14-2346, Gary Alexander, et al. v. United Behavioral Health, No. 14-5337, N.D. Calif.; 2016 U.S. Dist. LEXIS 127435).
Pennsylvania Federal Judge Denies Motion To Certify Claims Against Prudential
PHILADELPHIA - A Pennsylvania federal judge on Sept. 30 denied a motion to certify a class of beneficiaries of employer-sponsored Prudential Insurance Company of America life insurance policies, saying that the plaintiffs have failed to satisfy Federal Rule of Civil Procedure 23(b)(3)'s predominance requirement (Clark R. Huffman, et al. v. The Prudential Insurance Company of America, No. 2:10-cv-05135, E.D. Pa.; 2016 U.S. Dist. LEXIS 135349).
Hospital Appeals Denial Of Bid To Change 2008 Class Certification Rejection
WILMINGTON, Del. - A South Carolina hospital continued its 24-year battle to pursue class action asbestos property damage claims against W.R. Grace & Co. when it filed a notice of appeal Sept. 8 to challenge a recent Delaware federal bankruptcy court decision denying the hospital's bid to alter or amend a 2008 ruling denying class certification (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).
California Federal Judge Sends Consolidated Wal-Mart Wage Suit Back To State Court
LOS ANGELES - A California federal judge on Sept. 19 granted a motion requesting remand of a consolidated class complaint accusing Wal-Mart Stores Inc. of various wage violations, finding that Wal-Mart failed to show that the amount in controversy exceeds $5 million and filed an untimely removal (Polo Garcia, et al. v. Wal-Mart Stores Inc., No. 15-5337, C.D. Calif.; 2016 U.S. Dist. LEXIS 127476).
Judge: Court Lacks Jurisdiction Over Claims In Securities Suit
BATON ROUGE, La. - A federal judge in Louisiana dismissed claims against Grant Thornton International Ltd. (GTIL) in a securities lawsuit on Sept. 15, ruling that shareholders failed to show that a federal district court had either general or specific jurisdiction over the claims (Firefighters' Retirement System, et al. v. Citco Group Limited, et al., No. 13-373, M.D. La.; 2016 U.S. Dist. LEXIS 125991).
3rd Circuit: 2nd Suit Over Supplement's Labeling Is Procedurally Barred
PHILADELPHIA - A consumer's attempt to file a second class complaint against a nutritional supplement maker with a smaller, more narrow class after his first case was dismissed is procedurally barred by the first, the Third Circuit U.S. Court of Appeals ruled Sept. 14 (Harold M. Hoffman, et al. v. Nordic Naturals, Inc., No. 15-1362, 3rd Cir.; 2016 U.S. App. LEXIS 16795).
Conde Nast's Dismissal Motion Fails In Class Suit Over Disclosing Customers' Info
NEW YORK - A New York federal judge on Sept. 28 denied a magazine publisher's attempt to dismiss a class complaint accusing it of violating the privacy rights of Michigan subscribers by selling their personal information to third parties (Suzanne Boelter, et al. v. Advance Magazine Publishers Inc., d/b/a/ Conde Nast, No. 15-5671, S.D. N.Y.; 2016 U.S. Dist. LEXIS 134484).
'Bridgegate' Class Suit Partially Survives Dismissal Motions
NEWARK, N.J. - A New Jersey federal judge on Sept. 15 trimmed claims in a class complaint accusing New Jersey officials of orchestrating a scheme, referred to as "Bridgegate," to cause a traffic jam by closing lanes of the George Washington Bridge (GWB) in September 2013 without prior notice and denied a motion for class certification as premature (Zachary Galicki, et al. v. State of New Jersey, GW Car Service LLC, et al. v. State of New Jersey, et al., No. 14-169, D. N.J.; 2016 U.S. Dist. LEXIS 126076).
Suit Against Whole Foods For Alleged Overpricing Scheme Dismissed In Texas
AUSTIN, Texas - A Texas federal judge on Sept. 28 dismissed without prejudice a putative class action brought under the Employee Retirement Income Security Act alleging that Whole Foods Market Inc. breached its fiduciary duty to participants in its 401(k) plan by allowing employees to continue to invest in the company while the company's stock was artificially inflated due to a widespread overpricing scheme (Thomas Martone, et al. v. Whole Foods Market Inc., No. 1:15-CV-877, W.D. Texas; 2016 U.S. Dist. LEXIS 133703).
Claims Against Dole Over 'All Natural' Fruit Labeling Are Partially Reinstated
SAN FRANCISCO - A purchaser of Dole Packaged Foods LLC's fruit products who claims that the company improperly advertises the fruit as "All Natural" may proceed with his individual claim of unjust enrichment but not his class claim, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 30 in a decision partially reversing a trial court's summary judgment ruling for Dole (Chad Brazil, et al. v. Dole Packaged Foods, LLC, No. 14-17480, 9th Cir.; 2016 U.S. App. LEXIS 17733).
2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion
NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).
Negligence, Unfair Competition Claims Dismissed In Seagate Phishing Class Action
SAN FRANCISCO - A putative class of past and present Seagate Technology LLC employees did not adequately plead claims for negligence and violation of California's unfair competition law (UCL) related to a phishing scam that resulted in the theft of employees' personally identifying information (PII), a California federal judge ruled Sept. 14, mostly granting Seagate's motion to dismiss (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).
Vizio Moves To Dismiss Smart TV Privacy Suit For Lack Of Standing
SANTA ANA, Calif. - Vizio Inc. on Sept. 19 moved to dismiss a putative class action in California federal court over purported tracking of smart TV users' "viewing data" for lack of standing, arguing that the plaintiffs did not establish that it is a "video tape service provider" under the Video Privacy Protection Act (VPPA) or that it disclosed their personally identifiable information (PII) (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).
GM, Toyota To 9th Circuit: Affirm Dismissal Of Class Action Over Hacking Dangers
SAN FRANCISCO - In a pair of appellee briefs filed Sept. 28, Toyota Motor Corp. and General Motors LLC say that the plaintiffs in a putative class action alleging the potential of vehicles being hacked and personal information being shared or stolen failed to plead sufficient injury to establish standing, asking the Ninth Circuit U.S. Court of Appeals to affirm a lower court's dismissal of the suit (Helene Cahen, et al. v. Toyota Motor Corp., et al., No. 16-15496, 9th Cir.).
6th Circuit Declines To Dismiss Appeal Of Privacy Class Action Against Time
CINCINNATI - A motion by Time Inc. to dismiss the appeal of a ruling in its favor in a privacy class action was denied Sept. 22, with a Sixth Circuit U.S. Court of Appeals panel finding that the magazine publisher's arguments went to the jurisdiction of the trial court, not the appeals court (Rose Coulter-Owens, et al. v. Time, Inc, No. 16-1321, 6th Cir.).
Alabama Federal Judge Allows Most Retiree Claims In Suit Over Canceled Life Insurance
MONTGOMERY, Ala. - An Alabama federal judge on Sept. 27 allowed most claims to proceed in consolidated class actions alleging that Allstate Insurance Co. improperly ended retirees' promised lifetime benefits, saying the plaintiffs have stated a claim that Allstate's plan did not include, or was ambiguous as to whether it included, a provision under which Allstate reserved the right to cancel the retirees' life insurance policies (Garnet Turner, et al. v. Allstate Insurance Company, No. 2:13-cv-685, 2:15-cv-406, M.D. Ala.; 2016 U.S. Dist. LEXIS 132113).
Judge Stays Class Against KIND Pending FDA Ruling On Term 'Natural'
NEW YORK - A New York federal judge on Sept. 15 stayed claims asserted by consumers for violation of California's unfair competition law (UCL), negligent misrepresentation and other causes of action asserted against a seller of snack foods pending the outcome of a decision by the Food and Drug Administration on the use of the word "natural" on product labels (In re: Kind LLC "Health and All Natural" Litigation, Nos. 15-MD-2645 [WHP],15-MC-2645 [WHP], S.D. N.Y.; 2016 U.S. Dist. LEXIS 125752).
Privacy Suit Over Forbes Data Sharing Stayed Pending 6th Circuit Ruling
DETROIT - In light of a pending Sixth Circuit U.S. Court of Appeals ruling that will likely be instructional on issues of standing and damage, a Michigan federal judge on Sept. 13 granted a motion by Forbes Inc. to stay a putative privacy class action against it related to the magazine publisher's purported sharing of subscribers' personal reading information (PRI) (Brian Hall v. Forbes Media LLC, No. 2:15-cv-13844, E.D. Mich.; 2016 U.S. Dist. LEXIS 124005).
Judge Rejects Derivative Plaintiffs' Motion To Lift Stay In Related Class Action
PHOENIX - Lifting a stay and unsealing documents in a securities class action lawsuit against a solar energy panel manufacturer and certain officers and directors is not proper because the parties seeking to intervene, lift the stay and unseal the documents - investors in a related shareholder derivative lawsuit - would be permitted to "conduct discovery in aid of their demand futility argument," which has been denied twice in that action, a federal judge in Arizona ruled Sept. 30 (Mark Smilovits, et al. v. First Solar Inc., et al., No. 12-0555, D. Ariz.; 2016 U.S. Dist. LEXIS 135704).
Judge Grants Preliminary Approval of $486M Settlement In Pfizer Securities Suit
NEW YORK - A federal judge in New York on Sept. 16 granted preliminary approval of a $486 million settlement in a securities class action lawsuit between shareholders and certain of its executive officers, ruling that the settlement is fair, adequate and reasonable (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.).
Pelvic Mesh Defendant Has Negative Worth, Class Settlement Parties Tell Judge
LOS ANGELES - Parties to a proposed $12.25 million limited-fund, mandatory class settlement for pelvic mesh injury claims against Caldera Medical Inc. on Sept. 19 told a California federal judge that after a court-ordered analysis of the company's liquidation value, it has a negative liquidation value and can contribute nothing more to the settlement (Federal Insurance Company v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).
Ohio Federal Judge Grants Final Approval To Whirlpool Mold Settlement
CLEVELAND - An Ohio federal judge on Sept. 23 granted final approval of a class settlement reached between Whirlpool and its consumers who allege that a defect caused mold and mildew to grow inside their front-load washing machines, which will provide consumers with the option of a cash payment, rebate or costs reimbursement (In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation, No. 08-65000, N.D. Ohio; 2016 U.S. Dist. LEXIS 130467).
Godiva To Pay $6.3 Million To Settle Claims For Credit Card Numbers On Receipts
FORT LAUDERDALE, Fla. - A Florida federal judge on Sept. 28 granted final approval of a $6.3 million settlement to be paid by Godiva Chocolatier Inc. in a class complaint accusing the chocolate retailer of unlawfully displaying more than the last five digits on some credit and debit card receipts between April 2013 and November 2015 (Dr. David S. Muransky, et al. v. Godiva Chocolatier, Inc., No. 15-60716, S.D. Fla.; 2016 U.S. Dist. LEXIS 133695).
$500,000 Wage Settlement By Hair Club For Men Granted Partial Approval
SAN FRANCISCO - A California federal judge on Sept. 22 granted final approval of a $500,000 settlement to be paid by Hair Club for Men LLC to settle employees' wage claims; however, the judge denied a request for incentive awards for the two named plaintiffs and awarded amounts for attorney fees and costs below the amount requested (Teresa Clemens, et al. v. Hair Club for Men, LLC, et al., No. 15-1431, N.D. Calif.; 2016 U.S. Dist. LEXIS 130710).
Target Corp. Securities Suits Consolidated; Lead Plaintiff, Counsel Appointed
MINNEAPOLIS - A federal magistrate judge in Minnesota on Sept. 15 consolidated a pair of securities class action lawsuits against Target Corp. and certain of its executive officers and appointed the law firm of Robbins Geller Rudman & Dowd as lead counsel (In re Target Corp. Securities Litigation, No. 16-1315, D. Minn.).
Wells Fargo Employee Class Seeks $2.6B, Alleges Firings For Not Engaging In Fraud
LOS ANGELES - Two Wells Fargo Bank employees filed a class complaint in the Los Angeles County Superior Court on Sept. 22 accusing the banking giant's leaders of creating a fraudulent scheme that cheated customers and drove up the stock price and then firing the low-level employees who refused to participate in the scheme and seeking $2.6 billion in damages (Alexander Polonsky, et al. v. Wells Fargo Bank & Company, et al., No. BC634475, Calif. Super., Los Angeles Co.).
Former Division 1 Student Athlete Files Class Suit Seeking Wages
SAN FRANCISCO - A former University of Southern California football player filed a class complaint on Sept. 26 in the U.S. District Court for the Northern District of California seeking unpaid wages and overtime, liquidated damages and other penalties from the National Collegiate Athletic Association (NCAA) and PAC-12 Conference (Lamar Dawson, et al. v. National Collegiate Athletic Association, et al., No. 16-5487, N.D. Calif.).
Securities Class Claims Dialysis Providers Drove Patients Into More Expensive ACA Plans
NEW YORK - A shareholder filed a class action complaint in a New York federal court on Aug. 31, alleging that a dialysis services provider and certain of its executive officers issued a series of false and misleading statements concealing the company's involvement in a fraudulent scheme to drive patients away from Medicare and Medicaid health care plans and into more expensive Patient Protection and Affordable Care Act (ACA) plans in order to obtain greater reimbursement for their services in violation of federal securities laws (Christine Gelsleichter v. American Renal Associates Holdings Inc., et al., No. 16-6841, S.D. N.Y.).
City Of Fresno Liable For Drinking Water Tainted With Lead, Residents Say
FRESNO, Calif. - A group of residents in California on Sept. 9 filed a purported class action against the City of Fresno and related parties, alleging that they are liable for contaminating their drinking water with lead and other toxins (Karen Micheli, et al. v. The City of Fresno, No. 16GECG02937, Calif. Super., Fresno Co.).
Ernst & Young Ask High Court To Rule On Barring Concerted Employee Actions
WASHINGTON, D.C. - Ernst & Young LLP and Ernst & Young U.S. LLP filed a petition for writ of certiorari in the U.S. Supreme Court on Sept. 8, asking for review of August 2016's Ninth Circuit U.S. Court of Appeals decision in which a divided panel held that an employer may not condition employment on the requirement that an employee sign an agreement barring employees from coming together to file legal action over work-related claims (Ernst & Young LLP, et al. v. Stephen Morris, et al., No. 16-300, U.S. Sup.).
Dignity Health Seeks High Court Review Of Church Plan Rulings
WASHINGTON, D.C. - Lower courts and religious employers "desperately need definitive resolution" of the recurring question of the Employee Retirement Income Security Act's "church plan" exemption, Dignity Health argues in a petition for a writ of certiorari filed Aug. 29 in the U.S. Supreme Court (Dignity Health, et al. v. Starla Rollins, No. 16-258, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 3166).
High Court Grants Extension Of Time To File Petition In Best Buy Securities Suit
WASHINGTON, D.C. - The U.S. Supreme Court has granted shareholders a more than a month's extension to file a petition for writ of certiorari in a securities class action lawsuit in which the shareholders are challenging the Eighth Circuit U.S. Court of Appeals' reversal of a lower court's grant of class certification, according to a letter filed Sept. 1 in the Eighth Circuit (IBEW Local 98 Pension Fund, et al. v. Best Buy Co., Inc., et al., No. 14-3178, 8th Cir.).
5th Circuit Upholds Denial Of Class Certification In Super Bowl XLV Suit
NEW ORLEANS - A Texas federal judge did not err in denying certification of three classes of Super Bowl XLV ticketholders bringing various claims related to seating issues at the 2011 football game, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 9 (Bruce Ibe, et al. v. Jerral Wayne Jones, et al., Ken Laffin, et al. v. National Football League, et al., No. 15-10242, 5th Cir.; 2016 U.S. App. LEXIS 16583).
Ohio Appeals Panel Reverses Class Certification In Sewage Flooding Suit
CLEVELAND - An Ohio city is not entitled to qualified immunity in a suit by residents whose basements were flooded with sewage; however, the trial court erred in granting the residents' motion for class certification, an Eighth District Ohio Court of Appeals panel ruled Sept. 1 (State ex rel. Andy Huttman, et al. v. City of Parma, et al., No. 103691, Ohio App., 8th Dist.; 2016 Ohio App. LEXIS 3493).
Office Depot Assistant Managers Granted Certification In Wage Suit
NEWARK, N.J. - A New Jersey federal judge on Sept. 13 granted final certification of a collective action filed by assistant store managers (ASMs) seeking unpaid overtime wages under the Fair Labor Standards Act (FLSA) and certified three out of four proposed classes alleging violations of various state wage-and-hour laws (Kyle Rivet, et al. v. Office Depot, Inc., No. 12-2992, D. N.J.; 2016 U.S. Dist. LEXIS 123655).
Class Suit Against Adidas Over Springblade Sneakers Denied Certification
NEW YORK - A New York federal judge on Sept. 2 denied a motion to certify a class of consumers accusing Adidas America Inc. of selling defectively designed and manufactured Springblade sneakers, finding that the proposed class and subclass are not reasonably ascertainable or manageable, that predominance was not satisfied and that there was no proof of harm (Edward A. Ruffo, et al. v. Adidas America Inc., No. 15-5989, S.D. N.Y.).
9th Circuit: Court Lacked Authority To Decide Uber's Arbitration Enforceability
SAN FRANCISCO - A California federal court had no authority to rule on the enforceability of arbitration agreements entered into between Uber Technologies Inc. and its drivers except as to a representative claim under California's Private Attorneys General Act (PAGA), a Ninth Circuit U.S. Court of Appeals ruled Sept. 7 (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., Nos. 15-16178 and 15-16250, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, 9th Cir.; 2016 U.S. App. LEXIS 16413).
2nd Circuit: For Now, Waiver Of Collective Action Is Enforceable
NEW YORK - Circuit precedent, as established in Sutherland v. Ernst & Young LLP (726 F.3d 290 [2d Cir. 2013]), requires a finding that an employment agreement's waiver of collective action is enforceable until such time as that ruling is overturned by an en banc Second Circuit U.S. Court of Appeals or the U.S. Supreme Court, a Second Circuit panel ruled Sept. 7 (Connie Patterson, et al. v. Raymours Furniture Company, Inc., No. 15-2820, 2nd Cir.).
6th Circuit: Hacking Victims Have Standing To Bring FCRA Suit Against Nationwide
CINCINNATI - The lead plaintiffs in a putative class action over a 2012 data breach experienced by Nationwide Mutual Insurance Co. sufficiently alleged "a substantial risk of harm" and "incurred mitigation costs" from the theft of their personally identifiable information (PII) to establish standing to bring Fair Credit Reporting Act (FCRA) claims against the insurer, a Sixth Circuit U.S. Court of Appeals panel majority held Sept. 12, reversing and remanding a trial court's dismissal ruling (Mohammad S. Galaria, et al. v. Nationwide Mutual Insurance Co., No. 15-3386 and 15-3387, 6th Cir.).
Warranty Breach Claims Proceed In Suit Alleging Squid In Octopus Products
SAN JOSE, Calif. - A consumer who has accused Goya Foods Inc. of using squid in its products labeled as octopus may proceed with his breach of warranty claims, a California federal judge ruled Sept. 8, granting in part and denying in part a dismissal motion (Luis Diego Zapata Fonseca v. Goya Foods Inc., No. 16-2559, N.D. Calif.; 2016 U.S. Dist. LEXIS 121716).
No Waiver Of Tribe's Protection In Fair Credit Act, 7th Circuit Holds
CHICAGO - A customer at stores owned by an Indian tribe cannot pursue class claims that the tribe violated the Fair and Accurate Credit Transaction Act (FACTA) by printing identifying information on his credit card receipts because Congress did not waive the tribe's sovereign immunity in the act, the Seventh Circuit U.S. Court of Appeals held Sept. 8 (Jeremy Meyers v. Oneida Tribe of Indians of Wisconsin, No. 15-3127, 7th Cir.; 2016 U.S. App. LEXIS 16515).
CVS Supplement Labeling Claims Class Suit Reinstated By 1st Circuit Panel
BOSTON - A First Circuit U.S. Court of Appeals panel on Sept. 6 reversed dismissal of a consumer's class complaint accusing a pharmacy chain of misleading customers about the heart health benefits of its vitamin E supplement, finding that federal law does not preempt the plaintiff's claim under New York's consumer protection law (Ronda Kaufman, et al. v. CVS Caremark Corporation, et al., No. 16-1199, 1st Cir.; 2016 U.S. App. LEXIS 16350).
Partial Dismissal, Tolling Denied In Servers' Wage-And-Hour Class Suit
CHICAGO - A restaurant server may proceed with her class complaint seeking wages for time spent on nonserving duties, an Illinois federal judge ruled Sept. 8; however, the judge ruled that the server's request to toll the statute of limitations was overbroad (Katrina Soto, et al. v. Wings 'R Us Romeoville, Inc., et al., No. 15-10127, N.D. Ill.; 2016 U.S. Dist. LEXIS 121223).
Judge Dismisses Class Action Suit Over Pulte's Use Of Allegedly Defective Stucco
ORLANDO, Fla. - A federal judge in Florida on Sept. 8 dismissed a class action suit against Pulte Home Corp. accusing the company of building homes with defective stucco siding, ruling that the negligence claim is barred by the economic loss doctrine and that the state does not recognize a cause of action for a builder's alleged intentional installation of defective stucco (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 121348).
California Federal Judge Dismisses Part Of Suit Over Hepatitis C Drug
SAN FRANCISCO - A California federal judge on Aug. 31 granted in part a defendants' motion to dismiss a putative class action seeking injunctive relief from Blue Shield of California's denial of coverage for a drug to treat hepatitis C because Blue Shield has since amended its Harvoni policy and given notice to insureds that they can resubmit claims for treatment (Aram Homampour, et al. v. Blue Shield of California Life and Health Insurance Co., et al., No. 3:15-cv-05003, N.D.. Calif.; 2016 U.S. Dist. LEXIS 117632).
North Carolina Federal Judge Refuses To Dismiss ERISA Claims Against Aetna
ASHEVILLE, N.C. - A North Carolina federal judge on Aug. 31 denied defendants' motion to dismiss two claims for breach of fiduciary duty brought under the Employee Retirement Income Security Act because the plaintiff sufficiently alleged an injury in fact (Sandra M. Peters, et al. v. Aetna Inc., et al., No. 1:15-cv-00109, W.D. N.C.; 2016 U.S. Dist. LEXIS 117326).
Antitrust Claims Over Patent Litigation Revived By 3rd Circuit
PHILADELPHIA - A Delaware federal judge erred in treating antitrust standing as an issue of subject matter jurisdiction in dismissing a putative class action against alleged supracompetitive pricing of medicated eye drops, the Third Circuit U.S. Court of Appeals ruled Sept. 7 (Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd., et al., No. 15-3289, 3rd Cir.; 2016 U.S. App. LEXIS 16404).
Shareholders Failed To Correct Loss Causation Deficiencies, Judge Rules
SAN FRANCISCO - Shareholders have failed to show how an anonymous blogger report is adequate to serve as a corrective disclosure to support loss causation, a federal judge in California ruled Sept. 2 in dismissing the shareholders' amended complaint (Francis J. Bonanno v. Cellular Biomedicine Group Inc., et al., No. 15-1795, N.D. Calif.; 2016 U.S. Dist. LEXIS 119194).
Panel: Court Properly Ruled That Securities Claims Were Barred By Precedent
ATLANTA - A federal district court did not err in dismissing a securities class action lawsuit against home security company The ADT Corp., its CEO and others because shareholder claims are barred pursuant to precedent and because the shareholders failed to plead any material misrepresentation or scienter, an 11th Circuit U.S. Court of Appeals panel ruled in a per curiam opinion filed Sept. 9 (IBEW Local 595 Pension and Money Purchase Pension Plans, et al. v. The ADT Corp., et al., No. 15-13595, 11th Cir.; 2016 U.S. App. LEXIS 16454).
Judge Won't Reconsider Ruling In Securities Suit Against Medical Device Maker
PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).
Medical Device Maker Seeks Dismissal Of Securities Fraud Class Action Claims
NEW YORK - A securities class action lawsuit against a medical device maker and its CEO should be dismissed because the lead plaintiff has failed to show that the defendants made any material misrepresentations or acted with scienter in statements they made regarding the company's heart pump, the defendants argue in an Aug. 30 motion to dismiss (In re HeartWare International Inc. Securities Litigation, No. 16-0520, S.D. N.Y.).