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Preview: LexisNexis® Mealey's™ Class Actions Legal News

LexisNexis® Mealey's™ Class Actions Legal News



Headline Class Actions Legal News from LexisNexis®



 



Split 9th Circuit Panel Rejects Remand To Narrow Class Definition
SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App. LEXIS 8711).



Missouri Federal Judge Remands Class Suit Over Slack-Filled Welch's Fruit Snacks
ST. LOUIS - A class complaint accusing Welch Foods Inc. and the company that produces, markets and distributes Welch's Fruit Snacks of underfilling the boxes of snacks belongs in state court because the Class Action Fairness Act's (CAFA) amount in controversy is not met, a Missouri federal judge ruled May 22 (Kristen Grisham v. Welch Foods, Inc., et al., No. 17-3, E.D. Mo., 2017 U.S. Dist. LEXIS 77303).



Class' New York State Wage Claims Are Transferred To California Federal Court
NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).



Zillow Removes Class Suit Over Housing Value Estimates To Federal Court
CHICAGO - Zillow Inc. and Zillow Group Inc. (collectively, Zillow) on May 25 removed to federal court a class complaint accusing the real estate website of providing inaccurate home value estimates in violation of Illinois state laws (Vipul B. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill.).



California Lipitor Cases Remanded; Case Count Falls Under CAFA's 100 Threshold
SANTA ANA, Calif. - A California federal judge on May 23 granted remand in more than 100 Lipitor/diabetes cases because less than 100 plaintiffs have proposed that the court conduct a joint trial to trigger federal jurisdiction under the Class Action Fairness Act (CAFA), 119 Stat. 4 (In Re: Pfizer, No. 17-mc-00005, C.D. Calif., Southern Div., 2017 U.S. Dist. LEXIS 79714).



Ohio Appellate Panel Reverses Class Certification In Traffic Camera Suit
CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would allow her to represent the class, an Eighth District Court of Appeals panel ruled May 18 (Allyson Eighmey v. City of Cleveland, et al., No. 104779, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 1887).



Consumer Class Again Certified In Target Data Breach Class Action
MINNEAPOLIS - After previous settlement in a class over the 2013 Target Corp. data breaches was rejected by the Eighth Circuit U.S. Court of Appeals, a Minnesota federal judge on May 17 granted a renewed certification motion by a class of consumers whose personally identifiable information (PII) was compromised in the breaches, stating that the required "rigorous analysis" confirmed the adequacy of class representation and revealed no intra-class conflict that would render the settlement unfair (In re: Target Corporation Customer Data Security Breach Litigation, No. 14-2522, D. Minn., 2017 U.S. Dist. LEXIS 75455).



Iowa Federal Judge Certifies ERISA Class Action Targeting Principal Life Insurance
DAVENPORT, Iowa - An Iowa federal judge on May 12 certified a class action Employee Retirement Income Security Act lawsuit alleging that Principal Life Insurance Co. breached its fiduciary duty of loyalty to retirement plan participants by retaining compensation that it was not entitled to as a fiduciary (Frederick Rozo, et al. v. Principal Life Insurance Co., et al., No. 4:14-cv-463, S.D. Iowa).



Immigration Order Class Suit Is Stayed Pending Hawaii's Appeal
SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W.D. Wash., 2017 U.S. Dist. LEXIS 77656).



$7.5 Million Wal-Mart Gay Workers' Benefits Settlement Granted Final Approval
BOSTON - A Massachusetts federal judge on May 16 granted final approval of a $7.5 million settlement to be paid by Wal-Mart Stores Inc. to end claims that the retailer unlawfully denied health benefits to the spouses of employees who are in same-sex marriages (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).



Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims
FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).



Drillers' Wage-And-Hour Class Suit Is Settled For $3 Million
FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period premiums (Marc McCulloch, et al. v. Baker Hughes Inteq Drilling Fluids, Inc., et al., No. 16-157, E.D. Calif., 2017 U.S. Dist. LEXIS 78367).



Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).



$51.15M Condo-Hotel Sales Disclosure Settlement Is Preliminarily Approved
SAN DIEGO - A California federal judge on May 24 granted preliminary approval of a $51,150,000 settlement to be paid the developers of a condominium-hotel project in San Diego for allegedly failing to disclose the buyers' right to rescind their purchase contracts in violation of the Interstate Land Sales Full Disclosure Act (ILSA), California's Subdivided Lands Act (SLA) and California's unfair competition Law (UCL) (Dean Beaver, et al. v. Tarsadia Hotels, a California Corporation, et al., No. 11-1842, S.D. Calif., 2017 U.S. Dist. LEXIS 80648).



Objections To $6.55M Exotic Dancers' Wage Settlement Filed
DETROIT - Three objections have recently been filed by exotic dancers who oppose approval of a $6.55 million settlement to be paid by nightclub owners who have been accused of federal and state wage violations (Jane Doe 1-2, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich.).



For-Profit College To Pay $2.25M To Settle Securities Fraud Claims
LOS ANGELES - A for-profit secondary education company and certain of its current and former executive officers have agreed to pay $2.25 million to settle claims that the company concealed its failure to comply with federal student loan funds usage requirements in violation of federal securities laws, according to documents filed in California federal court on May 26 (Jimmy Elias Karam v. Corinthian Colleges Inc., et al., No. 10-6523, C.D. Calif.).



Settlement Made In Breach Of Duty Case Over Annuities Bought From Insolvent Insurer
PORTLAND, Ore. - Plaintiffs agreed in principle on April 28 to settle their putative class action lawsuit filed in an Oregon federal court alleging that brokers breached their duty of care in purchasing structured settlement annuities from an insolvent insurer (Marie Westrope and Reggie Kelly v. Ringler Associates Inc., et al., No. 14-cv-00604, D. Ore.).



Firms: Circuit Split 'Stark And Wide'; High Court Must Hear Flint Water Lawsuit
WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision that a plaintiff may obtain remand under the Class Action Fairness Act (CAFA) without evidence of class members' citizenship results in a circuit split that is "stark and wide" (Lockwood Andrews & Newnam P.C. v. Jennifer Mason, No. 16-1092, U.S. Sup.).



Crypt Buyer Lacks Standing To Pursue FDUTPA Claims Against Cemetery's Owner
WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on May 24 ruled that a cemetery crypt owner lacks standing to bring claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against the cemetery's current owner because the current owner is not liable for FDUTPA violations by its predecessor (DFG Group, LLLC, et al. v. Mark S. Stern, No. 4D16-2590, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 7543).



Judge Refuses To Dismiss Insurers' Class Claims For Damages After Subrogation
LOS ANGELES - A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they should not be sanctioned for misrepresenting the law as it pertains to insurer's rights to subrogate the rights of insureds (Homesite Insurance Company of the Midwest, et al. v. Gree USA Inc., et al., No. 2:16-cv-06769, C.D. Calif., 2017 U.S. Dist. LEXIS 79809).



Alabama Federal Judge Denies Motion To Enjoin New Jersey TCPA Copycat Case
MOBILE, Ala. - An Alabama federal judge on May 23 denied without prejudice a motion by a the lead plaintiff in a Telephone Consumer Protection Act (TCPA) class suit to enjoin a copycat class action filed in the New Jersey federal court because a motion to dismiss, stay or transfer is currently pending in New Jersey (Family Medicine Pharmacy, LLC v. Impax Laboratories, Inc., No. 17-0053, S.D. Ala., 2017 U.S. Dist. LEXIS 77797).



Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit
CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales Practices Litigation, No. 15-5070, N.D. Ill., 2017 U.S. Dist. LEXIS 76207).



Calif. Federal Judge Dismisses NFL Cheerleaders' Sherman, Cartwright Acts Claims
SAN FRANCISCO - A California federal judge on May 25 granted a motion to dismiss, with leave to amend, Sherman Act and Cartwright Act claims brought by a National Football League (NFL) cheerleader on behalf of a class of cheerleaders who, she alleged, have suffered from suppressed wages (Kelsey K., et al. v. NFL Enterprises, LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 81503).



Bimbo Bakeries Delivery Drivers' Wage Class Suit Survives Dismissal Motion
NEWARK, N.J. - A New Jersey federal judge on May 17 denied a bakery's motion to dismiss a class complaint by its delivery drivers seeking unpaid overtime, damages and other relief (Christopher Oddo, et al. v. Bimbo Bakeries USA, Inc., No. 16-4267, D. N.J., 2017 U.S. Dist. LEXIS 75172).



Split W.Va. Supreme Court: Patient Has No Standing To Sue Over Medical Record Costs
GRANTSVILLE, W.Va. - A patient whose medical records were requested and paid for by the law firm he retained to represent him in a malpractice suit has no standing to pursue a class suit over the cost against the company that fulfilled the request because the law firm, not the patient, paid for the records, a split West Virginia Supreme Court of Appeals ruled May 24 (State of West Virginia, ex rel. HealthPort Technologies, LLC, et al. v. Honorable James C. Stucky, et al., No. 17-0038, W.Va. Sup., 2017 W.Va. LEXIS 406).



Yahoo Moves To Dismiss Data Breach Class Action For Lack Of Standing
SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court seeking dismissal for lack of standing under Article III of the U.S. Constitution, U.S. Const. art. 3 (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).



9th Circuit: Claims Subject To American Pipe Tolling In Securities Class Action
LOS ANGELES - A federal district court erred in holding that claims in a securities class action lawsuit against a Chinese agricultural products manufacturer and certain of its officers and directors were time-barred because the statute of limitations was tolled pursuant to Supreme Court precedent in American Pipe & Construction Co. v. Utah and Crown, Cork & Seal Co. v. Parker, a Ninth Circuit U.S. Court of Appeals panel ruled May 24 in reversing and remanding (Michael H. Resh, et al. v. China Agritech Inc., et al., No. 15-55432, 9th Cir., 2017 U.S. App. LEXIS 9029).



Judge Substantially Denies Motion To Dismiss In IPO Stock Drop Suit
NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would substantially affect revenue, a federal judge in New York ruled May 23 in granting in part and denying in part the defendants' motion to dismiss (Yi Xiang, et al. v. Inovalon Holdings Inc., et al., No. 16-4923, S.D. N.Y., 2017 U.S. Dist. LEXIS 78207).



Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims
PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones, et al. v. John Does 1-10, et al., No. 16-1101, 3rd Cir., 2017 U.S. App. LEXIS 8695).



Consumers Sue GM, Parts Maker Over Emissions Defeat Device
DETROIT - Consumers of diesel-model Silverado and Sierra trucks made by General Motors LLC from 2011 to 2016 filed a class action May 25 in Michigan federal court against the automaker and the manufacturer of a part that allegedly allows the vehicles to cheat emissions tests, claiming that the car maker misrepresented the vehicles' fuel economy and emission levels (Andrei Fenner, et al. v. General Motors, LLC, et al., No. 17-cv-11661, E.D. Mich.).



Mass Transit Operator Accused Of Data Collection Via Smartphone App
OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment Identity (IMEI) numbers associated with users' phones, as well as their precise locations, in violation of state and federal law (Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., No. 4:17-cv-02911, N.D. Calif.).



University Of Chicago Plans Participants File ERISA Suit Over 'Excessive' Fees
CHICAGO - Participants and beneficiaries of the University of Chicago's retirement plans on May 18 filed an Employee Retirement Income Security Act class action lawsuit against the university in Illinois federal court, saying that the university failed to adequately investigate, examine and understand the cost to plan participants for administrative services, causing the plans and participants to pay "grossly excessive and unreasonable fees" (Winifred J. Daugherty, et al. v. The University of Chicago, No. 1:17-cv-03736, N.D. Ill.).



False Labeling, FCRA, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging misrepresentation of ingredients, Fair Credit Reporting Act violations, wage-and-hour violations, breach of contract and injuries.



Iowa Supreme Court Upholds Class Certification In Suit Over Corn Mill Hazards
DES MOINES, Iowa - The Iowa Supreme Court on May 12 upheld a trial court's certification of two subclasses of homeowners suing a nearby corn processing company for allegedly emitting hazardous chemicals and damaging their use and enjoyment of their properties (Laurie Freeman, et al. v. Grain Processing Corporation, No. 15-1942, Iowa Sup., 2017 Iowa Sup. LEXIS 48).



Ark. High Court Partially Upholds Class Certification In Nursing Home Staffing Suit
LITTLE ROCK, Ark. - Residents and estates of residents of an Arkansas nursing and rehabilitation center between June 2010 and the present may proceed as a class bringing all but their negligence claim related to alleged understaffing at the center, a divided Arkansas Supreme Court ruled May 4 (Robinson Nursing and Rehabilitation Center, LLC, et al. v. Andrew Phillips, as personal representative of the Estate of Dorothy Phillips, et al., No. CV-16-584, Ark. Sup., 2017 Ark. 162).



Costco FCRA Disclosure Class Suit Is Sent Back To State Court
SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack of subject matter jurisdiction warranted sending it back to state court and not dismissing it (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 74567).



Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court
NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).



No Jurisdiction Under CAFA's 'Mass Action' Provision, Judge Rules In Remanding
RIVERSIDE, Calif. - A California federal judge on May 3 granted insurers' motion to remand a lawsuit arising from claims over defective water supply lines, finding that the 26 insurers, acting as subrogees of 145 insureds, are the only plaintiffs and therefore fail to satisfy the "mass action" provision under the Class Action Fairness Act (CAFA) to retain jurisdiction (Liberty Mutual Fire Insurance Co. v. EZ-Flo International Inc., No. 17-228, C.D. Calif., 2017 U.S. Dist. LEXIS 67761).



4th Circuit Vacates $11.7 Million FCRA Class Judgment Due To No Injury
RICHMOND, Va. - The named plaintiff in a Fair Credit Reporting Act (FCRA) class complaint must allege a concrete injury stemming from allegedly incomplete or incorrect information on a credit report to satisfy the threshold requirements of constitutional standing, a Fourth Circuit U.S. Court of Appeals panel ruled May 11, vacating an $11,747,510 judgment in an approximately 69,000-member class action after finding that the lead plaintiff failed to allege such an injury (Michael T. Dreher v. Experian Information Solutions, Inc., et al., No. 15-2119, 4th Cir., 2017 U.S. App. LEXIS 8358).



9th Circuit Reinstates Class Action Suit Seeking Refunds For Late Luggage
SAN FRANCISCO - An airline passenger's breach of contract claim against an airline for failing to deliver her luggage as promised is not preempted by the Airline Deregulation Act (ADA) because it was a claim for breach of a voluntarily assumed contractual undertaking, a Ninth Circuit U.S. Court of Appeals panel ruled May 3, reversing the trial court's dismissal of the suit (Hayley Hickcox-Huffman, et al. v. US Airways, Inc., et al., No. 11-16305, 9th Cir., 2017 U.S. App. LEXIS 7847).



Class Suit Accusing Hershey Of Under-Filling Candy Boxes Survives Dismissal Motion
JEFFERSON CITY, Mo. - A Missouri federal judge on May 16 denied The Hersey Co.'s motion to dismiss a proposed class complaint accusing it of deceiving customers by selling certain candies in slack-filled opaque cardboard boxes (Robert Bratton, et al. v. The Hershey Company, No. 16-432, W.D. Mo., 2017 U.S. Dist. LEXIS 74508).



Restaurant Managers' Wage Suit Survives Dismissal Motion, Is Transferred To Missouri
PEORIA, Ill. - An Illinois federal judge on May 12 ruled that a class complaint accusing a fast food restaurant of failing to pay managers overtime survives dismissal because its claims are sufficiently different from another wage suit filed first in Missouri federal court against the same defendant; however, the Illinois judge ruled that the governing principles favor a motion to transfer the case to Missouri (Corinna Clendenen, et al. v. Steak N Shake Operations, Inc., No. 17-1045, C.D. Ill., 2017 U.S. Dist. LEXIS 72588).



7th Circuit Orders Judgment Vacated Due To Mootness In Police Tattoo Dispute
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 10 instructed a trial court to vacate its judgment in favor of a police department in a class dispute over covering police officers' tattoos as moot after the matter was resolved in favor of the officers by an arbitrator (Daniel Medici, et al. v. City of Chicago, No. 15-3610, 7th Cir., 2017 U.S. App. LEXIS 8312).



Judge Dismisses Bad Faith Claim In Class Action Suit Against Automobile Insurer
SCRANTON, Pa. - A Pennsylvania federal judge on May 10 granted an automobile insurer's motion to dismiss bad faith and other claims in a class action brought by a woman claiming that she was wrongfully denied medical benefits coverage following an automobile accident, but allowed claims brought under the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) to proceed (Sayles v. Allstate Insurance Co., No. 16-1534, M.D. Pa., 2017 U.S. Dist. LEXIS 71760).



Smart TV Owners Defend Privacy, Wiretap Class Claims Against Vizio
SANTA ANA, Calif. - In a May 4 brief in California federal court, a putative class of Vizio Inc. smart TV owners oppose the manufacturer's motion to dismiss some claims and strike the proposed class, arguing that previously identified deficiencies in its federal and state wiretap claims have been cured (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).



Medical App Maker Seeks Dismissal Of Privacy Suit For Lack Of Standing
FORT LAUDERDALE, Fla. - A telehealth provider on May 2 moved to dismiss a putative privacy class action against it in Florida federal court, asserting that a user of its mobile application failed to plead an injury that established standing or to identify any contractual violations in the sharing of certain user medical information with a third-party vendor (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).



Golden State Warriors Fan Opposes Motions To Dismiss App Privacy Class Action
OAKLAND, Calif. - In a May 9 brief in California federal court, a fan of National Basketball Association team the Golden State Warriors defends her suit alleging interception of her private conversations via the team's smartphone application, opposing the defendants' dismissal motions and asserting that she sufficiently pleaded interception under the Electronic Communications Privacy App (ECPA) (LaTisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).



8th Circuit Affirms Dismissal Of Class Action Challenging Insurance Practices
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 11 affirmed a lower federal court's dismissal of a class action alleging that an insurer sold policies with benefits below the statutory minimum required by Minnesota law (Andrea L. Dammann, et al. v. Progressive Direct Insurance Co., No. 16-3591, 8th Cir., 2017 U.S. App. LEXIS 8340).



California Judge Again Tosses Class Action Over Disney Fund Investment Option
LOS ANGELES - A California federal judge on April 21 again dismissed a putative Employee Retirement Income Security Act class action lawsuit filed by participants in the Walt Disney Co. retirement plan over a plan investment option, saying that the plaintiffs' second amended complaint is time-barred by the three-year statute of limitations of 29 U.S.C. § 1132(2) (In re Disney ERISA Litigation, No. 2:16-cv-02251, C.D. Calif., 2017 U.S. Dist. LEXIS 61202).



2 ERISA Class Actions Filed Against Universities Survive Dismissal Motions
Two putative class action lawsuits accusing universities of mismanaging their employee retirement plans by charging excessive fees, using multiple record keepers to operate their plans and handle administrative services and offering too many high-cost and poorly performing investment options survived motions to dismiss in May (David Clark, et al. v. Duke University, et al., No. 1:16-cv-01044, M.D. N.C.; Geneva Henderson, et al. v. Emory University, et al., No. 1:16-cv-2920, N.D. Ga.).



Panel: Judge Did Not Engage In Prohibited Fact Finding In Securities Suit
SAN FRANCISCO - A federal judge did not err in dismissing a lead plaintiff's second amended complaint in a securities class action lawsuit against LifeLock Inc. and certain of its executive officers because the lead plaintiff failed to plead any material misrepresentations or omissions in pleading their federal securities law claims, a Ninth Circuit U.S. Court of Appeals panel ruled May 11 in affirming (In re LifeLock Inc. Securities Litigation, No. 15-16885, 9th Cir., 2017 U.S. Dist. LEXIS 8386).



7th Circuit: Lead Plaintiff In TCPA Suit Consented To Receiving Text Messages
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 4 upheld a summary judgment ruling for a retailer accused of sending unsolicited text messages by a class of recipients; however, unlike the trial court, which ruled that the Telephone Consumer Protection Act (TCPA) was not violated because an autodialer was not used, the Seventh Circuit determined that there was no violation because the lead named plaintiff had consented to receiving the messages (Nicole Blow, et al. v. Bijora, Inc., doing business as Akira, Nos. 16-1484, 16-1608, 7th Cir., 2017 U.S. App. LEXIS 7926).



Summary Judgment Denied In Medical Record Charges Class Suit
ROCHESTER, N.Y. - A New York federal judge on May 15 denied a motion for partial summary judgment and response in opposition to a class certification motion filed by one of four defendants in a proposed class complaint alleging overcharging of patients for copies of their medical records (Ann McCracken et al. v. Verisma Systems, Inc., et al., No. 14-6248, W.D. N.Y., 2017 U.S. Dist. LEXIS 73666).



Judge Certifies Class Seeking Reprocessing Of Depression Treatment Denials
BRIDGEPORT, Conn. - A federal judge on May 4 certified a class action brought by individuals seeking magnetic stimulation therapy as a treatment for depression, saying that the proposed class is satisfactory and that an injunction requiring the insurer to reprocess the claims would constitute monetary relief (Christopher Meidl v. Aetna Inc., et al., No. 15-1319, D. Conn., 2017 U.S. Dist. LEXIS 70223).



Class Of Prisoners With Hepatitis C Certified, Ordered To Participate In ADR
NASHVILLE, Tenn. - A Tennessee federal judge on May 4 certified a class of inmates in the custody of Tennessee Department of Corrections (DOC) who are infected with the hepatitis C virus and claim that they have been denied treatment (Charles Graham a/k/a Charles Stevenson, et al. v. Tony C. Parker, et al., No. 16-1954, M.D. Tenn., 2017 U.S. Dist. LEXIS 68265).



Judge Rules On Experts Before Certifying 3 Classes In Telemarketing Practices Suit
OAKLAND, Calif. - A California federal judge on May 5 struck one expert report for lack of any actual analysis, declined to strike another expert report and a paralegal's declaration and certified three classes of consumers in a class action alleging that a burglar alarm company illegally used telemarketing calls to drum up business (Abante Rooter and Plumbing, Inc., et al. v. Alarm.com, Inc., et al., No. 4:15-cv-6314, N.D. Calif., 2017 U.S. Dist. LEXIS 69307).



Class Certification Denied In Dillard's Employee's Data Breach Suit Against Insurer
CHICAGO - An employee of the Dillard's department store chain saw her motion to certify a class action over a 2013 data breach denied May 3, when an Illinois federal judge found that individual issues dominated breach of contract claims against the retailer's insurer, which the plaintiff faulted for permitting employees' personally identifiable information (PII) to be exposed to identity thieves (Anne Dolmage v. Combined Insurance Company of America, No. 1:14-cv-03809, N.D. Ill., 2017 U.S. Dist. LEXIS 67555).



5th Circuit Reverses Order That Certified Fraud Class In Insurance Practices Dispute
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 9 remanded a lower federal court's certification order as to contract and statutory claims and reversed the certification order as to the fraud claim in a class action lawsuit challenging an insurer's practices in determining the value of totaled vehicles (Cheryl Slade v. Progressive Security Insurance Co., No. 15-30010, 5th Cir., 2017 U.S. App. LEXIS 8229).



$2 Million Costco Truck Drivers' Wage Settlement Is Granted Preliminary Approval
SAN DIEGO - A California federal judge on May 11 granted preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, less than a month after the same judge rejected the proposed settlement for the second time; however, the judge noted that the class counsel has undermined its credibility (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 72389).



D.C. Circuit Upholds Legality Of Deal Settling Indian Farmers' Bias Claims
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on May 16 affirmed in a divided decision that an amendment to a class settlement of discrimination claims by Native American farmers against the U.S. Department of Agriculture, under which money left over after a second round of payments to claimants will go to cy pres nonprofits, is fair and reasonable, despite objections by two claimants (Marilyn Keepseagle, et al. v. Sonny Perdue, et al., Nos. 16-5189 and 16-5190, D.C. Cir., 2017 U.S. App. LEXIS 8559).



Credit Suisse Agrees To Pay $400M To Settle NCUA MBS Claims
KANSAS CITY, Kan. - Credit Suisse Securities (USA) LLC will pay $400 million to settle claims with the National Credit Union Administration (NCUA) that is mispresented the investment quality of residential mortgage-backed securities (MBS) it underwrote and sold to three failed credit unions, according to an NCUA press release issued May 3 (National Credit Union Administration Board v. Credit Suisse Securities [USA] LLC, et al., No. 12-2648, D. Kan.).



Judge Grants Preliminary Approval Of $165M Settlement In MBS Suit
NEW YORK - A federal judge in New York on May 9 granted preliminary approval of a $165 million securities class action settlement between shareholders and certain underwriters of mortgage-backed securities (MBS) alleged to have taken part in a fraudulent scheme to misrepresent the underwriting standards they used in the offering documents for a series of MBS (New Jersey Health Fund v. Royal Bank of Scotland Group PLC, et al., No. 08-5310, S.D. N.Y.).



Papa John's Franchise Owners' Class Action Waiver Is Declared Invalid
SAN DIEGO - A class action waiver that was part of the arbitration agreement between the owner of Papa John's Pizza franchises and an employee who filed a class complaint is invalid because it precludes the employee from engaging in at least one of the three types of concerted actions the National Labor Relations Act (NLRA) protects, a California federal judge ruled May 11 (Peter Ross v. P.J. Pizza San Diego, LLC, et al., No. 16-2330, S.D. Calif., 2017 U.S. Dist. LEXIS 72411).



8th Circuit Panel Again Reverses, Sends Ex-Workers' Bias Claims To Arbitration
ST. LOUIS - After a rehearing, an Eighth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Minnesota federal judge's ruling denying General Mills Inc.'s motion to compel individual arbitration, again finding that 33 laid-off General Mills workers must have their age discrimination claims decided in arbitration individually, and not as a class, and that they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because the judgment would not resolve their claims (Elizabeth McLeod, et al. v. General Mills, Inc., et al., No. 15-3540, 8th Cir., 2017 U.S. App. LEXIS 8341).



Split 1st Circuit Rules On 2 Arbitration Issues Of First Impression
BOSTON - Deciding two questions of first impression in its circuit, a divided First Circuit U.S. Court of Appeals panel on May 12 ruled that the applicability of the Federal Arbitration Act (FAA) is a threshold question for a court to determine in a case where the parties have delegated questions of arbitrability to an arbitrator and that the FAA's exemption of employment contracts of transportation workers applies to independent contractor transportation worker agreements (Dominic Oliveira, et al. v. New Prime, Inc., No. 15-2364, 1st Cir., 2017 U.S. App. LEXIS 8474).



Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue
NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in New Jersey on May 12 (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).



Exclusion Of Expert In Whirlpool Oven Action Sinks Class Certification
CHICAGO - An Illinois federal judge on May 9 denied class certification in a product liability case involving overheating Whirlpool Corp. kitchen ovens after finding that the plaintiffs' engineering expert failed to offer an opinion on whether there was a common defect in the ovens (Beth Kljajic, et al. v. Whirlpool Corp., No. 15-5980, N.D. Ill., 2017 U.S. Dist. LEXIS 70784).



Unfair Competition Claims OK'd, But Judge Says No Relief Due In Surgical Gown Case
LOS ANGELES - A California federal judge on May 15 said a class representative proved that two defendants violated California's unfair competition law (UCL) by selling defective surgical gowns, but denied the plaintiff's request for restitution and injunctive relief given a jury's $454 million compensatory and punitive damages verdict (Bahamas Surgery Center v. Kimberly-Clarke Corp., et al., No. 14-8390, C.D. Calif., 2017 U.S. Dist. LEXIS 73778).



Cell Phone Owners Allege Privacy Violations Over Firmware's PII Forwarding
MIAMI - In a May 12 amended complaint in Florida federal court, two cell phone owners bring privacy class claims against the phones' manufacturer and a Chinese firmware designer that they claim is responsible for surreptitiously intercepting and forwarding their personally identifiable information (PII) (In Re BLU Products Inc. Privacy Breach, No. 1:16-cv-24892, S.D. Fla.).



Homeowners Allege Captive Scheme By Banks, Reinsurer In First Amended Complaint
PHILADELPHIA - Homeowners filed a first amended class action complaint on April 26 in a Pennsylvania federal court, alleging a captive reinsurance scheme between banks and an affiliated reinsurer in violation of the Real Estate Settlement Procedures Act (RESPA) (Christopher Blake and James Orkis v. JPMorgan Chase Bank, N.A., et al., No. 13-6433, E.D. Pa.).



Chinese Coal Company Failed To Disclose Asset Impairment, Investor Says
NEWARK, N.J. - A Chinese vertically integrated coal and coke producer and two of its executive officers issued a series of misstatements and omissions in Securities and Exchange Commission filings concealing the company's true business and financial condition in violation of federal securities laws, a shareholder argues in a May 8 securities class action complaint filed in New Jersey federal court (Jarrod Nasin v. Hongli Clean Energy Technologies Corp., et al., No. 17-3244, D. N.J.).



Pregnancy Bias, Wage, Due Process, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging pregnancy discrimination, failure to pay overtime, violation of due process and disability discrimination.



Wells Fargo Increases Settlement For Unauthorized Accounts To $142 Million
SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent, according to a motion for preliminary approval filed by the plaintiffs on April 20 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).



Faxed Ad Senders To Pay $25M To End Long-Term Care Facilities' TCPA Suit
FRESNO, Calif. - A California federal judge on April 19 granted preliminary approval of a $25 million settlement to be paid by two companies that are accused of sending more than 2.4 million unsolicited faxed advertisements in violation of the Telephone Consumer Protection Act (TCPA) (Dakota Medical, Inc. v. RehabCare Group, Inc., et al., No. 14-2081, E.D. Calif., 2017 U.S. Dist. LEXIS 59812).



WEN Hair Loss Class Seeks Final Approval Of $26M Settlement
LOS ANGELES - The class of consumers that sued Guthy-Renker LLC and Wen By Chaz Dean Inc. in the U.S. District Court for the Central District of California claiming that the defendants' line of WEN hair care products caused hair loss moved May 1 for final approval of a $26.25 million settlement (Amy Friedman, et al. v. Guthy-Renker, LLC, et al., No. 14-6009, C.D. Calif.).



8th Circuit Affirms $80M Settlement In Symantec Download Insurance Suit
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 28 affirmed a settlement with Symantec Corp. totaling more than $80 million in consumer payments, awards, costs and fees and settling a consumer fraud class action over the firm's download insurance product (Erin C. Caligiuri and Devi Khoday, et al. v. Symantec Corp., et al., No. 16-2015 and 16-2113, 8th Cir., 2017 U.S. App. LEXIS 7538).



Costco Truck Drivers' Wage Settlement Is Rejected For The 2nd Time
SAN DIEGO - A California federal judge on April 26 rejected a $2 million amended settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, finding that the amended settlement motion corrected certain shortcomings identified by the judge in her Feb. 22 denial of the original proposed settlement, but still contained inadequate release language (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 63504).



United States To Pay $13.99M To Settle Property Owners' Rails-To-Trails Lawsuit
WASHINGTON, D.C. - A federal judge on April 18 granted preliminary approval of a $13,988,929.28 plus interest settlement to be paid by the United States to end a class lawsuit brought by New York property owners who claim that easements on their land for railroad purposes were improperly converted into recreation trails (John P. Furlong, et al. v. The United States, No. 09-367L, Fed. Clms., 2017 U.S. Claims LEXIS 351).



Settlement Of Facebook Message-Scanning Class Action Preliminarily Approved
OAKLAND, Calif. - A California federal judge on April 26 granted a motion to preliminarily approve settlement of a class action that accused Facebook Inc. of privacy violations related to the social network's scanning of users' private messages (PMs) for advertisement purposes (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.).



Parties Ask Court To Approve $151M Settlement In Water Contamination Lawsuit
CHARLESTON, W.Va. - Residents of West Virginia and a group of defendants filed a joint brief in West Virginia federal court on April 27, arguing that the court should approve a $151 million settlement deal reached among the parties in a groundwater contamination lawsuit related to the chemical spill of 4-methylcyclohexane methanol (MCHM) (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.).



Divided 5th Circuit Denies En Banc Rehearing Bass Pro Race Bias Suit
NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals in a 7-7 vote on April 28 denied a petition for rehearing en banc in an appeal by Bass Pro Outdoor World LLC and Tracker Marine Retail LLC (collectively, Bass Pro) that the court notes is one of "first impression" in that circuit, concerning whether the Equal Employment Opportunity Commission can bring a "pattern or practice" case under Sections 706 and 707 of Title VII of the Civil Rights Act of 1964 asserting the violation of the rights of 50,000 job applicants (Equal Employment Opportunity Commission v. Bass Pro Outdoor World, L.L.C., et al., No. 15-20078, 5th Cir., 2017 U.S. App. LEXIS 7628).



First-Filed Rule Bars 2 Out Of 3 Class Complaints Against Online University
MINNEAPOLIS - A federal judge on April 21 dismissed two class complaints filed in the U.S. District Court for the District of Minnesota accusing an online university of knowingly misrepresenting how long it took to complete its doctoral program, finding that they are barred under the first-filed rule and that only a class complaint in an Ohio federal court alleging substantially similar claims may proceed (Jennifer Wright, et al. v. Walden University, LLC, et al., No. 16-4037, Aaron Bleess v. Walden University, LLC, et al., No. 16-4402, D. Minn., 2017 U.S. Dist. LEXIS 61331).



Judge Finds Alcohol Monitoring Device Companies Did Not Misrepresent Products
LOS ANGELES - A California federal judge on April 28 granted a motion filed by the maker and distributor of alcohol monitoring devices to dismiss claims for violation of California's unfair competition law (UCL) and fraud claims against them, finding that they failed to plead sufficient facts to support the causes of action (Hansen, et al. v. Scram of California Inc., et al., No. 2:17-cv-01474, C.D. Calif., 2017 U.S. Dist. LEXIS 65341).



Tootsie Roll Industries Seeks Dismissal Of 'Slack-Filled' Class Suit
JEFFERSON CITY, Mo. - A consumer accusing Tootsie Roll Industries Inc. of under-filling its packages of Junior Mints candy has no standing to bring his complaint as he received actually the amount of product advertised on the packaging, Tootsie Roll argues in its April 10 reply in support of its motion to dismiss the class complaint in Missouri state court (Robert Bratton, et al. v. Tootsie Roll Industries, Inc., No. 16AC-CC00454, Mo. Cir., Cole Co.).



Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils
LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).



Horizon Again Seeks Dismissal Of FCRA Suit Over Stolen Laptops
NEWARK, N.J. - After an appeals court revived a putative class action under the Fair Credit Reporting Act (FCRA) related to the theft of laptops containing policyholders' personally identifiable information (PII), an insurer on April 21 filed a renewed dismissal motion in New Jersey federal court, arguing that statute governs actions of credit-reporting agencies, not health insurance providers (In Re Horizon Healthcare Services Inc. Data Breach Litigation, No. 2:13-CV-07418, D. N.J.).



Zappos Customers Tell 9th Circuit PII Theft Was An Article III Injury
SAN FRANCISCO - In a May 1 reply brief in the Ninth Circuit U.S. Court of Appeals, the lead plaintiffs in a putative class action against Zappos.com Inc. argue that the theft of their personally identifiable information (PII) in a 2012 data breach constituted a concrete injury that established their standing to pursue negligence and deceptive trade practices claims against the online retailer (Theresa Stevens, et al. v Zappos.com Inc., No. 16-16860, 9th Cir.).



Lack Of Damages Dooms Michaels Stores Data Breach Suit, 2nd Circuit Rules
NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 2 affirmed dismissal of a putative class action against Michaels Stores Inc., finding that the lead plaintiff failed to allege any damages from the retail chain's data breach and, thus, did not establish standing (Mary Jane Whalen, et al. v. Michaels Stores Inc., No. 16-260 and 16-352, 2nd Cir.).



Pennsylvania Federal Judge Rules Allstate Didn't Violate ERISA Anti-Cutback Rules
PHILADELPHIA - On April 27, a Pennsylvania federal judge presiding over a suit brought by a nationwide class of former sales agents accusing Allstate Insurance Co. and its president of age discrimination and violating the Employee Retirement Income Security Act ruled that Allstate did not violate ERISA's anti-cutback rules when it eliminated an early retirement subsidy known as the "beef-up" because it had offered plan participants the greater of two alternatives with a baseline of their beef-up subsidy as of the time of the amendment (Gene R. Romero, et al. v. Allstate Insurance Company, et al., No. 01-3894, consolidated with No. 01-6764, 03-6872, 15-1017, 15-1049. 15-1190, 15-2602, 15-2961, 15-3047, E.D. Pa., 2017 U.S. Dist. LEXIS 64150).



Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice
PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of the plan's investment options breached their fiduciary duties because new material in the complaint is insufficient to permit an inference of imprudence and dismissed the complaint with prejudice (Mary Barchock, et al. v. CVS Health Corp., et al., No. 1:16-cv-00061, D. R.I., 2017 U.S. Dist. LEXIS 59083).



Investor Failed To Plead Securities Claims In GoPro Class Action, Judge Rules
SAN FRANCISCO - The lead plaintiff in a securities class action lawsuit against GoPro Inc. and certain of its current and former executive officers failed to plead any material misrepresentations or omissions or scienter in making his federal securities laws claims, a federal judge in California ruled May 1 in granting the defendants' motion to dismiss (Joseph Bodri v. GoPro Inc., et al., No. 16-0232, N.D. Calif.).



9th Circuit Panel Says Plaintiffs In Case Against Aetna Failed To State Claim
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on April 24 ruled that plaintiffs in a putative class action against Aetna Life Insurance Co. under the Employee Retirement Income Security Act failed to state a claim that Aetna improperly denied them coverage for mental health treatment (Elizabeth L., et al. v. Aetna Life Insurance Co., No. 15-15893, 9th Cir., 2017 U.S. App. LEXIS 7145).



2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer
NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon which relief may be granted, saying that the plaintiffs failed to show that the insurance company that issued group life insurance to them was a fiduciary under ERISA (Patrick Hannan, et al. v. Hartford Financial Services Inc., et al., No. 16-1316, 2nd Cir.).



4th Circuit Panel Affirms Tatum Decision As Being In Line With Dudenhoeffer
RICHMOND, Va. - A split Fourth Circuit U.S. Court of Appeals panel on April 28 affirmed a North Carolina federal judge's ruling that R.J. Reynolds Tobacco Co. (RJR) is not liable for losses suffered by its 401(k) retirement employee benefit plan after its 1999 decision to divest Nabisco stock from the plan because a prudent fiduciary would have made the same divestment decision at the same time and in the same manner (Richard G. Tatum, et al. v. RJR Pension Investment Committee, et al., No. 16-1293, 4th Cir., 2017 U.S. App. LEXIS 7561).



Iowa Supreme Court Vacates Stay Of Chiropractors' Price-Fixing Class Suit
DES MOINES, Iowa - An Iowa trial court erred when it stayed a price-fixing class complaint filed by chiropractors against the state's largest health insurer pending resolution of a federal multidistrict litigation in Alabama, the Iowa Supreme Court ruled April 21, vacating the order staying the action and remanding for further proceedings (Bradley A. Chicoine, et al. v. Wellmark, Inc., et al., No. 16-0364, Iowa Sup., 2017 Iowa Sup. LEXIS 38).



Federal Circuit: Veterans Court May Certify Classes, Resolve On An Aggregate Basis
WASHINGTON, D.C. - The U.S. Court of Appeals for Veterans Claim has the authority to certify a class for class action or for similar aggregate resolution procedures, the Federal Circuit U.S. Court of Appeals ruled April 26, reversing the judgment of the Veterans Court (Conley F. Monk Jr. v. David J. Shulkin, Secretary of Veterans Affairs, Nos. 2015-7092, 2015-7106, Fed. Cir., 2017 U.S. App. LEXIS 7329).



Disabled Class Suing Kohl's Over Accessibility Is Denied Certification
CHICAGO - An Illinois federal judge on May 2 refused to certify a class of disabled persons suing a retailer with stores in numerous states for failing to make the stores fully accessible to individuals who required mobility devices, finding that the plaintiffs have not demonstrated that the class meets all the requirements of Federal Rule of Civil Procedure 23 (Equal Rights Center, et al. v. Kohl's Corporation, et al., No. 14-8259, N.D. Ill., 2017 U.S. Dist. LEXIS 66390).



Employee Class Certified In Suit Alleging Docking Of Vacation Time For Leave
FORT WAYNE, Ind. - An Indiana federal judge on April 26 certified a class of insurance company employees who claim that their paid time off (PTO) was accrued at the beginning of each calendar year, but was improperly docked if they took short-term leave during the year (Gretchen B. Carrel, et al. v. MedPro Group, Inc., No. 16-130, N.D. Ind., 2017 U.S. Dist. LEXIS 62969).



Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes
NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided the retirees with medical benefits without violating federal law (Barnes Group, Inc. v. International Union United Automobile Aerospace & Agricultural Implement Workers of America, et al., No. 16-559, D. Conn., 2017 U.S. Dist. LEXIS 59761).



Judge Certifies Class In Dispute Over Application Of Deductible In Hailstorm Loss
JEFFERSON CITY, Mo. - A Missouri federal judge on May 1 granted insureds' motion for class certification in a dispute over whether a homeowners insurer should have applied a deductible to the actual cash value (ACV) payment it issued the insureds for their hail damage loss (David Bond, et al. v. Liberty Insurance Corp., No. 15-04236, W.D. Mo., 2017 U.S. Dist. LEXIS 65701).