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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®



 



Michael Foods, Direct Purchaser Class Settle For $75M In Egg Antitrust MDL
PHILADELPHIA - A Pennsylvania federal judge on Nov. 20 granted final approval to a $75 million settlement reached between Michael Foods Inc. and the direct purchaser class, an amount that the court noted is the highest thus far in the price-fixing multidistrict litigation against egg suppliers (In re: Processed Egg Products Antitrust Litigation, No. 08-md-2002, E.D. Pa., 2017 U.S. Dist. LEXIS 191285).



$11.2 Million Ashley Madison Data Breach Suit Settlement Granted Final Approval
ST. LOUIS - Following a Nov. 20 fairness hearing, a Missouri federal judge issued an order that same day granting final approval to an $11.2 million settlement between the operators of the Ashley Madison website and users of the site whose personally identifiable information (PII) was exposed in a 2015 data breach, with the judge deeming the settlement "to be the product of thorough, serious, informed, and non-collusive negotiations" (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).



2 Of 3 Joint Employers Will Pay $5.6 Million To Settle Class' Wage Claims
SAN FRANCISCO - A California federal magistrate judge on Nov. 27 granted preliminary approval of a $5.6 million settlement to be paid by two of three joint employers to end wage-and-hour claims brought by a class of workers, finding the settlement terms fair and reasonable and free of obvious deficiencies (Earl Fronda v. Staffmark Holdings, Inc., et al., No. 15-2315, N.D. Calif., 2017 U.S. Dist. LEXIS 194514).



Drug Company To Pay $24M To Settle Claims In Securities Class Action Suit
CHICAGO - Pharmaceutical company Akorn Inc. has agreed to pay $24 million to settle claims that it and certain of its current and former executive officers misrepresented the company's financial results in violation of federal securities laws, according to a motion for preliminary approval of settlement filed by lead plaintiffs in Illinois federal court on Nov. 20 (In re Akorn Inc. Securities Litigation, No. 15-1944, N.D. Ill.).



Failure To Follow Instructions Dooms Unwanted Texts Class Suit Against Kohl's
TRENTON, N.J. - A New Jersey federal judge on Nov. 27 dismissed with prejudice a class complaint accusing Kohl's Department Stores Inc. of sending unwanted texts to customers, ruling that the lead plaintiff failed to plausibly plead a violation of the Telephone Consumer Protection Act (TCPA) as she did not follow instructions to stop the text messages (Amy Viggiano, et al. v. Kohl's Department Stores, Inc., No. 17-243, D. N.J., 2017 U.S. Dist. LEXIS 193999).



Starbucks Meal Break Class Suit Survives Dismissal Motion Despite Delay In Service
SAN DIEGO - A California federal judge on Nov. 21 declined to dismiss a class suit challenging Starbucks Corp.'s meal break practice despite a months-long delay in serving the summons on the defendant, finding that the delay was not so long as to warrant dismissal (Kileigh Carrington, et al. v. Starbucks Corporation, et al., No. 16-3074, S.D. Calif., 2017 U.S. Dist. LEXIS 192892).



Class Suit Over Beer's Origin Is Dismissed With Leave To Amend
SAN JOSE, Calif. - A California federal judge on Nov. 27 reconsidered dismissal in a class complaint accusing a beer maker of packaging and marketing its product to mislead consumers into believing it is brewed in Hawaii, and once more granted the motion, but this time with leave to amend a request for injunctive relief (Theodore Broomfield, et al. v. Craft Brew Alliance, Inc., et al., No. 17-1027, N.D. Calif., 2017 U.S. Dist. LEXIS 194451).



Facebook Tracking Cookie Class Action Dismissed For 3rd Time
SAN JOSE, Calif. - A group of Facebook Inc. users saw their putative class claims against the social network operator dismissed for a third time Nov. 17, with a California federal judge finding that the plaintiffs still failed to establish that Facebook breached a contractual duty when it purportedly tracked their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).



Asylum Seekers' Class Suit Over Prolonged Detention Survives Dismissal Motion
BUFFALO, N.Y. - A New York federal judge on Nov. 17 denied a motion to dismiss a class lawsuit brought by asylum seekers who have been held in a federal detention facility in Batavia, N.Y., for long periods of time and granted the detainees' motion for preliminary injunction (Hanad Abdi, et al. v. Elaine Duke, et al., No. 17-721, W.D. N.Y., 2017 U.S. Dist. LEXIS 191568).



Hospital Says Economic Loss Doctrine Bars Data Breach Negligence Claim
PITTSBURGH - In a Nov. 27 brief, a Pittsburgh area hospital asks the Pennsylvania Supreme Court to affirm rulings by a trial and appeals court that a negligence suit brought after a breach of its network is precluded by the economic loss doctrine due to the attenuated nature of the claimed damages, as well as the lack of a statutory duty to provide foolproof protection of electronically stored information (ESI) (Barbara A. Dittman, et al. v. UPMC, et al., No. 43 WAP 2017, Pa. Sup.).



Companies: Fracking Plaintiffs 'Take Liberty With The Facts' In Disposal Lawsuit
LITTLE ROCK, Ark. - Hydraulic fracturing companies on Nov. 16 filed a brief in Arkansas federal court contending that residents who have sued them alleging property damage as a result of the companies' disposal of fracking waste "consistently take liberty with the facts to add more baseless sanctions noise to this case" (Bobbie Hill, et al. v. Southwestern Energy Co., No. 12-500, E.D. Ark.).



District Court's Dismissal Of Securities Suit Not Erroneous, Panel Rules
SAN FRANCISCO - A federal district court did not err in dismissing a securities class action lawsuit against crowd-sourced review platform Yelp Inc. and certain of its executive officers because the lead plaintiff in the action failed to show that the disclosure of consumer complaints, without more, is sufficient to plead loss causation, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 21 (Joseph Curry, et al. v. Yelp Inc., et al., No. 16-15104, 9th Cir., 2017 U.S. App. LEXIS 23563).



U.S. High Court Won't Review Whether Bellwether Trials Of IVC Cases Trigger CAFA
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 declined to review lower court rulings that the consolidation of inferior vena cava (IVC) filter cases for individual bellwether trials does not convert the cases into a mass action under the Class Action Fairness Act (CAFA), (Cordis Corporation v. Jerry Dunson, et al., No. 17-257, U.S. Sup.).



U.S. Supreme Court Hears Oral Arguments In SLUSA Preemption Appeal
WASHINGTON, D.C. - In writing the Securities Litigation Uniform Standards Act (SLUSA), Congress intended to eliminate concurrent jurisdiction for many federal claims arising from the Securities Act of 1933, even if it took an "obtuse" approach to saying as much, counsel for Cyan Inc. told the U.S. Supreme Court on Nov. 28 in oral arguments in an appeal of a California Superior Court ruling that shareholders in a securities class action are not preempted by SLUSA from bringing their Securities Act claims (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).



Foot Locker Asks Supreme Court To Decide Pension Plan Dispute
WASHIGNTON, D.C. - The U.S. Supreme Court must decide whether a class of pension plan participants can be certified in case alleging that Foot Locker Inc. violated the Employee Retirement Income Security Act when it failed to disclose a temporary freezing of benefits after the Foot Locker Retirement Plan was transitioned to a cash-balance plan despite individualized questions, Foot Locker alleges in its Nov. 8 petition for writ of certiorari (Foot Locker, Inc., et al. v. Geoffrey Osberg, et al., No. 17-690, U.S. Sup.).



Insurer Asks High Court To Clarify Article III Injury Standing In Data Breach Suit
WASHINGTON, D.C. - A health insurer on Oct. 30 filed a petition for certiorari urging the U.S. Supreme Court to provide guidance as to what constitutes an "imminent" injury to support a plaintiff's standing under Article III of the U.S. Constitution to file suit after a data breach (CareFirst Inc., et al. v. Chantal Attias, et al., No. 17-641, U.S. Sup.).



U.S. Supreme Court Won't Hear Class's Lifetime Health Benefits Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 denied a petition for writ of certiorari filed by retirees representing a class of approximately 2,900 individuals and seeking to reverse a decision by the Sixth Circuit U.S. Court of Appeals, which held that a series of collective bargaining agreements (CBAs) did not provide retired employees of an employer and its predecessors with a vested right to lifetime health care benefits (Robert Cole, et al. v. Meritor, Inc., et al., No. 17-413, U.S. Sup.).



Federal Magistrate Recommends Arbitration Of Barnes & Noble Data Privacy Class Suit
NEW YORK - The arbitration provision in Barnes & Noble Booksellers Inc.'s (B&N) terms of use (TOU) on its website is not unconscionable and therefore must be enforced in a class complaint filed by a customer who claims that information about her online purchase of a DVD was shared with Facebook, a New York federal magistrate judge opined in a Nov. 20 report and recommendation (Melina Bernardino v. Barnes & Noble Booksellers, Inc., No. 17-4570, S.D. N.Y., 2017 U.S. Dist. LEXIS 192814).



Arbitration Ordered In Starbucks Barista's Unpaid Wages Class Suit
NEW YORK - A New York federal judge on Nov. 17 ordered arbitration of a Starbucks Corp. barista's claims that she was made to work numerous hours off the clock but denied a motion to dismiss her class and collective claims because no motion for class or collective certification is pending (Ebony Armstead v. Starbucks Corporation, No. 17-1163, S.D. N.Y., 2017 U.S. Dist. LEXIS 190748).



Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration
SAN FRANCISCO - A California appeals court on Nov. 15 found that an employee's claims for violation of the California Labor Code and California's unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court's decision refusing to compel arbitration of the claims (Christopher Silva v. Fry's Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).



Judge Certifies Class Of Purchasers Of Fitbit Sleep Tracking Devices
SAN FRANCISCO - A California federal judge on Nov. 20 granted a motion filed by purchasers of devices made by Fitbit Inc. to certify class for violation of California and Florida law in relation to alleged misrepresentations about sleep tracking, but found that a claim for negligent misrepresentation under Florida law must proceed individually (James Brickman, et al. v. Fitbit Inc., No. 3:15-cv-02077, N.D. Calif., 2017 U.S. Dist. LEXIS 191788).



TCPA Suit By Loan Customer Who Revoked Consent Survives, But Not As Class Action
GREENBELT, Md. - A car loan customer who alleges that he revoked consent he originally gave a finance company to call his cellular telephone after receiving too many calls may proceed with his claims under the Telephone Consumer Protection Act (TCPA) and Maryland law, but not as a class action, a Maryland federal judge ruled Nov. 28, finding too many individual issues (Billy Ginwright v. Exeter Finance Corp., No. TDC-16-0565, D. Md., 2017 U.S. Dist. LEXIS 194739).



California Appeals Panel: No Class Certification In Suit Over Hospital's Direct Billing
SAN DIEGO - A California man who alleges that a San Diego hospital inflates its rates and charges uninsured patients rates that are much higher than those paid by patients with insurance and exceed the actual costs of providing treatment has presented too many individualized issues to be granted class certification, a California appeals panel ruled Nov. 17 (Artur Hefczyc v. Rady Children's Hospital-San Diego, No. D07124, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 1016).



Home Builders Say Proposed Class Over Stucco Defects Is 'Hopelessly Conflicted'
BEAUFORT, S.C. - Del Webb Communities Inc. and Pulte Homes Inc. say in an opposition brief filed Nov. 15 in South Carolina federal court that a proposed class of owners of approximately 2,000 homes built over the span of 10 years using allegedly defective stucco systems should not be certified because it is "hopelessly conflicted" (Jacqueline L. Craft, et al. v. South Carolina Plastering LLC, et al., No. 15-cv-05080-PMD, D. S.C.).



Judge Certifies 6 Classes For Buyers Of Allegedly Defective Laminate Flooring
SAN FRANCISCO - A federal judge in California on Nov. 15 certified classes for purchasers from California, Florida, Illinois, Minnesota, Pennsylvania and West Virginia who claim that Lumber Liquidators Inc. violated state consumer protection laws when selling bamboo laminate flooring that prematurely warped, buckled, splintered, shrank and split before the expiration of the product's warranty (Dana Gold, et al. v. Lumber Liquidators, Inc., No. 14-cv-5373, N.D. Calif.).



New York Federal Judge Grants Plan Participants' Motion For Class Certification
NEW YORK - A New York federal judge on Nov. 27 granted a motion for class certification filed by plaintiffs alleging that a retirement plan's administrative and investment committees breached their fiduciary duties by selecting company-affiliated mutual funds as plan investments rather than other better-performing mutual funds after determining that the plaintiffs established the requirements necessary for class certification (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, S.D. N.Y., 2017 U.S. Dist. LEXIS 194293).



Groundwater Class Action Should Stay In Federal Court, Magistrate Judge Says
CENTRAL ISLIP, N.Y. - A magistrate judge in New York federal court on Nov. 20 issued a report and recommendation denying remand of a groundwater contamination class action to state court, determining that the plaintiffs failed to demonstrate that a sufficient number of class members are citizens of the state of New York (Isaac Green, et al. v. The 3M Company, et al., No. 17-2566, E.D. N.Y.; 2017 U.S. Dist. LEXIS 192795).



Federal Government Temporarily Enjoined From Removing 51 Indonesian Christians
BOSTON - A Massachusetts federal judge on Nov. 27 issued a memorandum and order temporarily enjoining the federal government from removing from the United States the named petitioners in a proposed class action filed by Indonesian Christians whose stays of removal were revoked until the court can rule on a motion for a preliminary injunction (Lia Devitri, et al. v. Chris Cronen, et al., No. 17-11842, D. Mass., 2017 U.S. Dist. LEXIS 194337).



2nd Circuit Finds Video Game Players Lack Standing In Biometrics Suit
NEW YORK - Mostly affirming a trial court's dismissal ruling, a Second Circuit U.S. Court of Appeals panel on Nov. 21 held that the lead plaintiffs in a class action alleging violation of an Illinois biometrics statute failed to establish any concrete harm from a software firm's use of their facial scans in basketball video games, thus defeating their standing under Article III of the U.S. Constitution (Ricardo Vigil, et al. v. Take-Two Interactive Software Inc., No. 17-303, 2nd Cir., 2017 U.S. App. LEXIS 23446).



9th Circuit: Workweek Average To Reach Pay Rate Doesn't Violate FLSA
SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether the employees have a contract claim is beyond the scope of the interlocutory appeal (Kristy Douglas, et al. v. Xerox Business Services, LLC, et al., No. 16-35425, 9th Cir., 2017 U.S. App. LEXIS 22967).



Diabetic Test Strip Class Action Transferred, Joins Insulin Class Actions
SEATTLE - A federal lawsuit alleging collusion between pharmacy benefit managers (PBMs) and diabetic test strip manufacturers was transferred Nov. 28 from a Washington federal court to a New Jersey federal court to join other lawsuits alleging collusion between PBMs and insulin makers (Jeanine Prescott, et al. v. CVS Health Corporation, et al., No. 17-803, W.D. Wash., 2017 U.S. Dist. LEXIS 195188).



Plaintiffs Seek Extension On Discovery Of Class Policies In Reinsurance Fraud Scheme
BALTIMORE - In an alleged life insurance fraud scheme that shifted debt to reinsurers, a class of plaintiffs on Nov. 21 asked a Maryland federal court to extend the relevant time period for discovery as to 11 class policies experiencing an 2015 cost of insurance (COI) increase (Richard Dickman, et al. v. Banner Life Insurance Co., No. 16-192, D. Md.).



Hulu Hit With Class Suit Over Inaccessibility For Blind Customers
BOSTON - Two organizations for visually impaired people and two blind individuals filed a class complaint on Nov. 20 in the U.S. District Court for the District of Massachusetts accusing Hulu LLC, an online streaming company, of discrimination by failing to provide an audio description on any content and failing to make its website and software applications accessible to customers using screen readers (American Council of the Blind, et al. v. Hulu LLC, No. 17-12285, D. Mass.).



Amazon Fulfillment Center Fails To Provide Full Pay, Breaks, Class Suit Alleges
SACRAMENTO, Calif. - A Sacramento fulfillment center for Amazon.com regularly schedules employees to work shifts that are 10 hours or longer and fails to provide the workers with pay for their entire shifts and a third rest break, one of the employees alleges in a class complaint filed Nov. 27 in the Sacramento County Superior Court, alleging various state law violations, including violation of the unfair competition law (UCL) (Romeo Palma, et al v. Golden State FC, LLC dba Amazon.com, et al., No. 34-2017-00222744-CU-OE-GDS, Calif. Super., Sacramento Co.).



Amended Class Complaint Filed Over Fraudulent TurboTax Filings
SAN JOSE, Calif. - In the wake of orders partly dismissing their claims and compelling arbitration of some parties' claims, the plaintiffs in a putative class action against Intuit Inc. filed an amended complaint in California federal court Nov. 17, restating negligence and unfair competition claims related to the filing of fraudulent tax returns by criminals that exploited purported lax security in Intuit's TurboTax software (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).



Uber Announces Massive Data Breach, Hit With Class Complaint
LOS ANGELES - The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro Flores v. Rasier LLC, et al., No. 2:17-cv-08503, C.D. Calif.).



Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims
CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management, Inc., et al., No. 2017-CH-15152, Ill. Cir., Cook Co., Chancery Div.).



Anti-Competitive Scheme, Faulty Products, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging faulty products, an anti-competitive scheme, wrongful debt collection, wage violations and property damages.



Federal Judge Denies Class Certification In Junk Fax Suit Based On Bais Yaakov
CHICAGO - Citing the District of Columbia U.S. Circuit Court of Appeals' ruling in Bais Yaakov of Spring Valley v. FCC, 852 F.3d 1078, 1083 (D.C. Cir. 2017), an Illinois federal judge on Nov. 3 denied certification to a class of recipients of faxed advertisements, ruling that individualized consent issues prevent certification (Alpha Tech Pet Inc., et al. v. LaGasse, LLC, et al., No. 16-513, N.D. Ill., 2017 U.S. Dist. LEXIS 182499).



Federal Judge Partially Certifies Class Alleging Deficient Credit Monitoring
PHILADELPHIA - A Pennsylvania federal judge on Nov. 13 partially certified a class of consumers suing a retailer and the company that issues the retailer's private-label credit cards for allegedly profiting from a deficient credit-monitoring service, finding that certification is appropriate for class members subject to Delaware law, but not for those subject to Virginia law (Jennifer Underwood, et al. v. Kohl's Department Stores, Inc., et al., No. 15-730, E.D. Pa., 2017 U.S. Dist. LEXIS 186927).



California Federal Judge: Collective, Class Certification Motions Should Both Be Filed
SAN FRANCISCO - A California federal judge on Nov. 10 held in abeyance a motion for collective certification under the Fair Labor Standards Act (FLSA) filed by a property appraiser alleging that he and others have been misclassified and denied overtime wages and ruled that the plaintiff may renew his motion when he files for class certification of his state law claims (Som Swamy, et al. v. Title Source, Inc., No. 17-1175, N.D. Calif., 2017 U.S. Dist. LEXIS 186535).



Louisiana Court Affirms Certification Of Balance Billing Class Action
LAKE CHARLES, La. - The fact that an insurer compensated an insured for some out-of-pocket expenses allegedly caused by a hospital's illegal balance billing practice does not defeat class typicality requirements, a Louisiana appeals court held Nov. 2 in affirming certification of the class (Aaron Emigh, et al. v. West Calcasieu Cameron Hospital, et al., No. 17-292, La. App., 3rd Cir.).



Residents: Company's Sur-Reply To Fracking Class Should Be Denied
COLUMBUS, Ohio - A group of leaseholders in Ohio who contend that hydraulic fracturing companies "systematically" violated their leases and underpaid royalties, filed a brief in Ohio federal court on Nov. 3, contending that the defendants' motion seeking leave to file a sur-reply in opposition to their motion for class certification should be denied (Zehentbauer Family Land LP v. Chesapeake Exploration LLC, et al., No. 15-02449, N.D. Ohio).



Judge Extends Deadline On Class Certification Motion To Allow Discovery Completion
PHILADELPHIA - In a dispute over an alleged kickback insurance premium scheme involving insurers, reinsurers and lenders, a Pennsylvania federal judge on Nov. 9 granted a joint stipulation and order to extend deadlines pertaining to a class certification motion to allow homeowners to complete relevant discovery and document production (Nelson White Jr., et al. v. The PNC Financial Services Group Inc., et al., No. 11-7928, E.D. Pa., 2017 U.S. Dist. LEXIS 135743).



Federal Claims Judge Stops Class Certification In Klamath Water Takings Case
WASHINGTON, D.C. - A federal claims court judge on Oct. 23 instructed parties in a federal takings case to stop work on the class certification process after she entered judgment for the United States (Lonny E. Baley, et al. v. United States, No. 01-591, Fed. Clms.).



Florida Appellate Panel Reserves Certification In Suit Over Florida Tolls
TALLAHASSEE, Fla. - A Florida trial court abused its discretion when it expanded the definition of two out of four subclasses proposed in a lawsuit over Florida highway tolls beyond what the lead plaintiff initially proposed, a Florida First District Court of Appeal panel ruled Nov. 6 (Florida Department of Transportation, et al. v. Tropical Trailer Leasing, LLC, et al., No. 1D16-4586, Fla. App., 1st Dist., 2017 Fla. App. LEXIS 16153).



Attorney Fees Denied For Objector In Southwest Voucher Suit
CHICAGO - An Illinois federal judge on Nov. 13 denied a motion for attorney fees filed by a class member who filed an objection following a settlement in a lawsuit against Southwest Airlines Co. after it stopped honoring drink vouchers, ruling that any order would undo the settlement that has already been approved by a district court and the Seventh Circuit U.S. Court of Appeals (In Re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill., 2017 U.S. Dist. LEXIS 186937).



Illinois Federal Judge Transfers Suit Over Honda's Soy-Covered Wiring To California
CHICAGO - A class complaint accusing American Honda Motor Co. Inc. of warranty violations for failing to cover the cost to replace wiring covered in a soy-based product that was allegedly eaten by rodents belongs in California based primarily on the interest of justice, an Illinois federal judge ruled Nov. 2, granting a motion to transfer filed by the defendant (Michael Preston, et al. v. American Honda Motor Company, Inc., No. 17-3549, N.D. Ill., 2017 U.S. Dist. LEXIS 181635).



California Judge Keeps T-Mobile Tech's On-Call Wages Suit In Federal Court
OAKLAND, Calif. - Even conservative estimates put the amount in controversy in a wage-and-hour class complaint filed by a mobile phone company technician above the Class Action Fairness Act's (CAFA) $5 million threshold, a California federal judge ruled Nov. 2, denying the technician's motion to remand (Jesse Black v. T-Mobile USA, Inc., No. 17-4151, N.D. Calif., 2017 U.S. Dist. LEXIS 182109).



6th Circuit: No CAFA Minimal Diversity In Pet Food Class Lawsuit
CINCINNATI - A pet food maker incorporated in Delaware and headquartered in Tennessee failed to demonstrate minimal diversity required under the Class Action Fairness Act (CAFA) in a class complaint brought on behalf of a Tennessee class, an Ohio federal judge ruled Nov. 2, opining that nothing in CAFA changes the rule established in 28 U.S. Code Section 1332(c)(1) that a corporation is a citizen of its state of incorporation and its principal place of business (Randy Roberts v. Mars Petcare US, Inc., No. 17-6122, 6th Cir., 2017 U.S. Dist. LEXIS 21926).



3rd Circuit Rules Mary Kay Consultant Class Must File Wage Claims In Texas
PHILADELPHIA - A Third Circuit U.S. Court of Appeals on Oct. 19 ruled that Texas law stipulates that a class complaint accusing Mary Kay Inc. of misclassifying its consultants belongs in Texas state court, not New Jersey federal court, pursuant to the forum selection clauses in agreements between the company and its consultants (Ina M. Collins, et al. v. Mary Kay, Inc., et al., No. 16-3178, 3rd Cir., 2017 U.S. App. LEXIS 20465).



MassMutual Settles Class Suit Over Unreleased Dividends For $37.5 Million
BOSTON - A Massachusetts federal judge on Nov. 8 granted final approval to a $37.5 million settlement to be paid by Massachusetts Mutual Life Insurance Co. (MassMutual) to end a class complaint by policyholders alleging that the insurance company failed to fully distribute dividends (Karen L. Bacchi v. Massachusetts Mutual Life Insurance Company, No. 12-11280, D. Mass., 2017 U.S. Dist. LEXIS 184926).



Preliminary Approval Of UNC Settlement Granted In Wage Suppression Class Suit
DURHAM, N.C. - A North Carolina federal judge set the final hearing for approval of a partial settlement by the University of North Carolina (UNC) of antitrust class claims against UNC and Duke University for Jan. 4, 2018 (Danielle Seaman, et al. v. Duke University, et al., No. 15-462, M.D. N.C.).



All But 1 Claim Survive Volvo Dismissal Motion In Suit Over Electric Mileage
CHICAGO - An Illinois federal judge on Nov. 8 trimmed a single claim from a class complaint accusing Volvo Cars of North America LLC (VCNA) and Volvo Cars USA LLC (VCUSA) of misrepresenting the average mileage its hybrid sport utility vehicle could achieve on a single charge, finding that most of the claims that had previously been dismissed based on mootness and then reinstated by the Seventh Circuit U.S. Court of Appeals survived the defendant's alternative motion to dismiss for failure to state a claim (Xavier Laurens, et al. v. Volvo Cars of North America, LLC, et al., No. 16-4507, N.D. Ill., 2017 U.S. Dist. LEXIS 184992).



Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid
SAN DIEGO - A plaintiff's failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are "Made in U.S.A." violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).



Consent Dooms Text Message Class Suit Against Abercrombie
ANN ARBOR, Mich. - Express consent from the lead named plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to receive up to 10 marketing text messages per month bars her class complaint against Abercrombie & Fitch Co. and Abercrombie & Fitch Stores Inc. (collectively, A&F), a Michigan federal judge ruled Nov. 13 (Melissa N. Thomas v. Abercrombie & Fitch Stores, Inc., et al., No. 16-11467, E.D. Mich., 2017 U.S. Dist. LEXIS 186945).



Remanded Nickelodeon Privacy Class Action Dismissed With Prejudice
NEWARK, N.J. - Viacom Inc. and the remaining plaintiffs in a putative privacy class action jointly filed a stipulation in New Jersey federal court on Nov. 3, seeking final dismissal of a mostly dismissed suit alleging improper tracking of minor users of the Nickelodeon network's website (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).



Plaintiffs Say VTech Data Breach Revealed Products' Diminished Value
CHICAGO - Stressing that the claims in their amended complaint center on a benefit of the bargain damages theory, the plaintiffs in a putative class action filed in the wake of a 2015 data breach experienced by VTech Electronics North America LLC oppose the firm's dismissal motion in a Nov. 9 brief in Illinois federal court, arguing that the breach revealed VTech's failure to provide a promised kid-safe environment (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.).



J. Crew To 3rd Circuit: Credit Card Receipt Suit Alleges No FACTA Violation
PHILADELPHIA - In a Nov. 1 brief to the Third Circuit U.S. Court of Appeals, J. Crew Group Inc. says that a putative class action alleging violation of the Fair and Accurate Credit Transactions Act (FACTA), due to credit card numbers on retail receipts, was properly dismissed for failure to plead a concrete injury or to establish willfulness (Ahmed Kamal v. J. Crew Group Inc., et al., No. 17-2345 and 17-2453, 3rd Cir.).



Claims In Securities Suit Against Cemetery Company, Others Dismissed
PHILADELPHIA - The lead plaintiff in a securities class action lawsuit against a funeral and cemetery services provider and others has failed to show that the defendants issued material misrepresentations or omissions in an attempt to conceal the company's poor financial condition in violation of federal securities laws, a federal judge in Pennsylvania ruled Oct. 31 in granting the defendants' motion to dismiss (Judson Anderson, et al. v. StonMor Partners L.P., No. 16-6111, E.D. Pa., 2017 U.S. Dist. LEXIS 179959).



Shareholder's Failure To Plead Scienter Leads To Dismissal Of Securities Claims
BOSTON - A shareholder has failed to plead scienter in making her federal securities law claims against a clinical laboratory services provider and its CEO for their alleged role in concealing an illegal monopoly scheme with the provider's Brazilian affiliate, a federal judge in Massachusetts ruled Nov. 7 in granting the defendants' motion to dismiss (In re Psychemedics Corp. Securities Litigation, No. 17-10186, D. Mass., 2017 U.S. Dist. LEXIS 183955).



2nd Circuit Affirms Dismissal Of Suit Over Weight Watchers Site 'Glitches'
NEW YORK - In a Nov. 2 summary order, a Second Circuit U.S. Court of Appeals panel found that a breach of contract claim over problems with the website and app of Weight Watchers International Inc. failed because the site was offered on an "as is" basis, affirming a trial court's dismissal of a putative class action (Raymond M. Roberts v. Weight Watchers International Inc., No. 16-3865, 2nd Cir., 2017 U.S. App. LEXIS 21874).



High Court Sets Argument Time In Appeal Of Securities Class Action Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 6 issued an order granting in part a motion filed by U.S. Solicitor General Noel J. Francisco to participate in oral arguments as amicus curiae in an appeal of a California Superior Court ruling that shareholders in a securities class action are not preempted from bringing their claims under the Securities Act of 1933 by the Securities Litigation Uniform Standards Act (SLUSA) because the provisions of SLUSA divest state courts of jurisdiction over Securities Act claims (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).



TGI Friday's Granted Summary Judgment In Tip Credit, Tip Pool Class Suit
PHILADELPHIA - A Pennsylvania federal judge on Nov. 2 granted a summary judgment motion filed by TGI Friday's Inc. in a class complaint brought by a former server who worked in two different locations and alleged that the restaurant improperly took a tip credit from servers without notification and, in a New Hampshire location, forced servers to participate in a tip pool (Adam Calabrese, et al. v. TGI Friday's Inc., et al., No. 16-868, E.D. Pa., 2017 U.S. Dist. LEXIS 181598).



Arbitration Ordered In Class Suit Over Faulty Live Stream Of Mayweather Fight
NEW YORK - A class complaint alleging that the live stream of an August boxing match suffered from technical failures and caused pay-per-view viewers to miss large portions of the fight was stayed Nov. 7 by a New York federal judge, who ordered the matter to arbitration (Victor Mallh, et al. v. Showtime Networks Inc., No. 17-6549, S.D. N.Y., 2017 U.S. Dist. LEXIS 184471).



Judge Sets Discovery Completion Date In Medicare Treatment Class Suit
NEW HAVEN, Conn. - Discovery in a class complaint accusing the U.S. secretary of Health and Human Services of violating the rights of Medicare beneficiaries by placing them on "observation status" rather than admitting then as "inpatients" in order to pay lower rates must be completed, not propounded, by June 15, a Connecticut federal judge ordered on Oct. 31 (Christina Alexander, et al. v. Thomas E. Price, No. 11-1703, D. Conn.).



Class Suit Seeks Damages From Weinstein Co., Harvey Weinstein For Harassment
LOS ANGELES - A class complaint filed Nov. 15 in a California federal court by a plaintiff referred to only as Jane Doe 1 seeks damages from The Weinstein Company Holdings LLC (TWC), Miramax LLC, Harvey Weinstein and unnamed John Does for Harvey Weinstein's alleged widespread sexual harassment and rape of women in the film and television industry (Jane Doe 1, et al. v. The Weinstein Company Holdings, LLC, et al., No. 17-8323, C.D. Calif.).



Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers
SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).



Tesla Concealed Inadequate Inventory For Model 3 Sedan, Investors Argue
SAN FRANCISCO - High-performance electric vehicles manufacturer Tesla Inc. and certain of its current and former executive officers misled investors about certain production issues with the company's new Model 3 sedan that were causing a slowdown in production in violation of federal securities laws, an investor argues in an Oct. 10 securities class action complaint filed in California federal court (Gregory Wochos v. Tesla Inc., et al., No. 17-5828, N.D. Calif.).



Product Labeling, Faulty Cars, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging false labeling claims, defective transmissions, debt collection violations, excessive fees and failure to turn over security deposit interest.



11th Circuit: Motion To Intervene Should Be Granted In TCPA Suit
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Oct. 26 reversed a trial court's refusal to allow plaintiffs in one unsolicited fax class suit to intervene in a second nearly identical suit filed several years later and settled for tens of million less than the intervenors were looking to recover (Technology Training Associates, Inc., et al. v. Buccaneers Limited Partnership, No. 17-11710, 11th Cir., 2017 U.S. App. LEXIS 21205).



Settlement Of Employees' Suit Over Seagate Phishing Event Preliminarily Approved
SAN FRANCISCO - In an Oct. 19 ruling, a California federal judge granted a motion by a group of Seagate Technology LLC employees to preliminarily approve an agreement settling contract and negligence claims against the company stemming from a 2016 phishing incident that exposed the personally identifiable information (PII) of thousands of employees (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).



Lumber Liquidators Announces MOU To Settle Formaldehyde Flooring Suit
ALEXANDRIA, Va. - Lumber Liquidators Inc. announced Oct. 24 that it entered into a memorandum of understanding (MOU) to settle litigation related to Chinese-manufactured laminate flooring that allegedly emits excessive levels of formaldehyde (In re: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL 2627, Case No. 15-md-2627).



Ford Transmission Settlement Receives Final Approval
LOS ANGELES - A California federal judge on Oct. 18 granted final approval to a settlement reached between Ford Motor Co. and current and former owners and lessees of certain years of Fiesta and Focus to a cash payment or a repurchase of their vehicle equipped with allegedly faulty transmissions and ordered Ford to pay more than $8.5 million in attorney fees (Omar Vargas, et al. v. Ford Motor Company, No. 12-8388, C.D. Calif., 2017 U.S. Dist. LEXIS 177145).



Final Approval Granted To Class Action Over University Records Theft
ROME, Ga. - Five months after granting preliminary approval of the settlement of a class action over the theft of student records that a group of alumni said exposed their personally identifiable information (PII), a Georgia federal judge on Oct. 17 granted final approval of the parties' agreement that establishes a $175,000 settlement fund for affected students (Erin Bishop, et al. v. Shorter University Inc., No. 4:15-cv-00033, N.D. Ga.).



Ashley Madison Users Seek Approval Of $11.2 Million Data Breach Suit Settlement
ST. LOUIS - A group of plaintiffs, comprising users of the adult dating site Ashley Madison, filed a motion in Missouri federal court Oct. 20 seeking final approval of an $11.2 million class action settlement with the site's operators over a 2015 data breach that compromised the personally identifiable information (PII) of millions of the site's users (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).



Neiman Marcus, Class Defend $1.2 Million Data Breach Suit Settlement
CHICAGO - Neiman Marcus Group LLC and the lead plaintiffs in a class action over a 2013 breach of the retailer's network each filed responses Oct. 19 in Illinois federal court to two objections to a preliminarily approved $1.2 million settlement of the suit, arguing that the agreement adequately and fairly provides relief and compensation to affected customers (Hilary Remijas, et al. v. Neiman Marcus Group LLC, No. 1:14-cv-01735, N.D. Ill.).



9th Circuit Vacates Remand Of Recorded Calls Suit Based On Incomplete Class
PASADENA, Calif. - A district court erred when it remanded a class suit over phone calls that were allegedly recorded without permission based on the Class Action Fairness Act's (CAFA) home-state exception as the decision was based on the analysis of an incomplete class, a Ninth Circuit U.S. Court of Appeals panel ruled Oct. 20 (Tiffany Brinkley, et al. v. Monterey Financial Services, Inc., et al., No. 17-56335, 9th Cir., 2017 U.S. App. LEXIS 20668).



California Federal Judge Denies Remand In Cell Phone Use Reimbursement Class Suit
OAKLAND, Calif. - A California federal judge, in a case three times removed and twice remanded, ruled Oct. 19 to keep in federal court the class complaint accusing an employer of requiring employees to use their personal cell phones without reimbursement (Marley Castro, et al. v. ABM Industries, Inc., et al., No. 17-3026, N.D. Calif., 2017 U.S. Dist. LEXIS 173502).



California Federal Judge: Class Claims For Overtime, Missed Breaks Exceed $5M
LOS ANGELES - A California federal judge on Oct. 26 denied a request by the lead named plaintiff in a wage-and-hour class complaint to send the case back to state court, opining that the employer successfully showed that the overtime wages claim combined with the claims of missed meal and rest periods exceed the Class Action Fairness Act's (CAFA) $5 million threshold (Tinamarie Fatiah Al-Najjar v. Kindred Healthcare Operating, Inc., et al., No. 17-6166, C.D. Calif., 2017 U.S. Dist. LEXIS 178462).



Pennsylvania Federal Judge Remands Mortgage Insurance Overcharges Class Complaint
PHILADELPHIA - A Pennsylvania federal judge on Oct. 25 sent a class complaint accusing Santander Bank N.A. of overcharging Pennsylvania residents for private mortgage insurance back to state court, finding it implausible that the class could recover more than $5 million (Drew Kalberg, et al. v. Santander Bank, N.A., No. 17-3561, E.D. Pa., 2017 U.S. Dist. LEXIS 176557).



Insurer Fails To Establish Federal Jurisdiction In Suit Challenging Its Practices
SEATTLE - Granting an insured's motion to remand its class action lawsuit challenging an insurer's practices involving personal injury protection (PIP) coverage, a Washington federal judge on Oct. 26 found that the insurer failed to establish the existence of federal question, diversity or supplemental jurisdiction (Stan Schiff v. Liberty Mutual Fire Insurance Co., et al., No. 17-914, W.D. Wash., 2017 U.S. Dist. LEXIS 177762).



Judge Transfers Claims Related To Allegedly Defective Pressure Cooker
FRESNO, Calif. - A California federal judge on Oct. 30 granted a joint motion by a purchaser and maker of an allegedly defective pressure cooker to transfer class action claims for violation of California's unfair competition law (UCL) and breach of warranty to be consolidated with another action in an Ohio federal court, finding that both cases have been settled and should be combined to promote the efficient administration of justice (Edwina Pinon v. Tristar Products Inc., et al., No. 1:16-cv-00331, E.D. Calif., 2017 U.S. Dist. LEXIS 179566).



9th Circuit Reinstates Class Claims, Injunction Request Over Flushable Wipes
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Oct. 20 reversed a dismissal of a class complaint accusing Kimberly-Clark Corp. of falsely marketing their flushable wipes, finding that the lead plaintiff adequately alleged that the defendant's use of the word "flushable" was false and that the plaintiff did not need to allege damage to her plumbing or pipes because economic injury due to paying a premium for a falsely advertised product was sufficient harm under California law (Jennifer Davidson, et al. v. Kimberly-Clark Corporation, et al., No. 15-16173, 9th Cir., 2017 U.S. App. LEXIS 20670).



Gun Importer's Counterclaim In Misfiring Class Suit Survives Dismissal Motion
MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).



6th Circuit Revives Residents' Class Action Over Oil Company's Emissions
DETROIT - A class action brought by residents who claim a nearby oil company's emissions are contaminating their properties was revived by a Sixth Circuit U.S. Court of Appeals panel on Oct. 26 after it found that the plaintiffs' claims are timely because the allegedly harmful emissions have continued to occur within the last three years (Gregory Cole, et al. v. Marathon Oil Corporation, et al., No. 16-2660, 6th Cir.)



Federal Magistrate Judge Trims Class Claims In Skincare 'Natural' Labeling Suit
SAN FRANCISCO - A California federal judge on Oct. 23 trimmed claims in the lawsuit accusing a skincare manufacturer of labeling its products as all natural when they actually contain synthetic ingredients to include only those products with labels that claim the products are "100% natural" (Andrew Gasser, et al. v. Kiss My Face, LLC, No. 17-1675, N.D. Calif., 2017 U.S. Dist. LEXIS 175273).



Applicant's Suit Against Starbucks For FCRA Violations Survives Dismissal Motion
SEATTLE - A class complaint accusing a coffee chain of violating the Fair Credit Reporting Act (FCRA) by revoking employment offers made to job applicants with negative results on their background checks before providing applicants with a copy of the checks and a description of their rights may proceed after a Washington federal judge on Oct. 25 denied the defendant's motion to dismiss (Jonathan Santiago Rosario v. Starbucks Corporation, No. 16-1951, W.D. Wash., 2017 U.S. Dist. LEXIS 177159).



9th Circuit: Consumer Failed To Show 'Compare At' Prices Were Deceptive
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Oct. 19 affirmed the dismissal of a class complaint accusing a shoe retailer of deceiving customers by listing "compare at" prices on its products, finding that the tags were not shown to be false (Marilyn Sperling, et al. v. DSWC, Inc., et al., No. 16-55231, 9th Cir., 2017 U.S. App. LEXIS 20568).



Plaintiffs Will Ask 7th Circuit To Review Dismissal Of Dimensional Lumber Suit
CHICAGO - Two men who initiated a class action lawsuit against a home improvement store claiming that the company falsely advertised the size of dimensional lumber on Oct. 30 filed a notice of appeal in Illinois federal court stating that they intend to appeal a Sept. 29 ruling dismissing their suit (Michael Fuchs, et al. v. Menard, Inc., No. 17-01752, N.D. Ill.).



Employees Say Hospital Had A Duty To Safeguard Electronically Stored Info
PITTSBURGH - In an Oct. 24 brief, a group of hospital employees ask the Pennsylvania Supreme Court to find that employers have a duty to safeguard electronically stored information (ESI) containing employees' personally identifiable information (PII) from hackers, seeking revival of their class claims for negligence and breach of contract (Barbara A. Dittman, et al. v. UPMC, et al., No. 43 WAP 2017, Pa. Sup.).



Class Suit Over Ford Plan Fees Dismissed; Limited Leave To Replead Granted
DETROIT - A Michigan federal judge on Oct. 19 dismissed a class complaint accusing Xerox HR Solutions LLC of allowing excessive fees to be charged on the accounts of participants in three Ford Motor Co. retirement plans in violation of its fiduciary duty under the Employee Retirement Security Act, finding that the plaintiffs failed to carry their burden under Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (Patrick Chendes, et al. v. Xerox HR Solutions, LLC, No. 16-13980, E.D. Mich., 2017 U.S. Dist. LEXIS 172997).



VW Franchise Dealers' Claims Over Defeat Devices Survive Dismissal Motion
SAN FRANCISCO - A U.S. District Court for the Northern District of California judge on Oct. 30 denied a motion by Bosch GmbH and Bosch LLC (collectively, Bosch) to dismiss a second amended class complaint filed by Volkswagen-branded franchise dealers who accuse Bosch of conspiring with Volkswagen AG and related entitled to develop and use defeat devices in Volkswagen's "clean diesel" vehicles to evade United States emission standards (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, No. 15-2672, N.D. Calif., 2017 U.S. Dist. LEXIS 179652).



Federal Judge Dismisses Fraud Claims Against Tax Prep Franchisor, Subsidiary
LOS ANGELES - A consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent failed to sufficiently plead agency or fraud by the franchisor and its subsidiary, a California federal judge ruled Oct. 19, granting the plaintiff leave to amend (Luis Lomeli, et al. v. Jackson Hewitt, Inc., et al., No. 17-2899, C.D. Calif., 2017 U.S. Dist. LEXIS 174451).



Securities Claims Against Drug Maker Dismissed For Failure To Plead Scienter
SEATTLE - The lead plaintiff in a securities class action against a developmental stage biopharmaceutical company and certain of its executive officers has shown that the defendants misrepresented the success and prospects for the company's cancer treatment drug in violation of federal securities laws but has failed to show that the defendants acted with the requisite scienter, a federal judge in Washington ruled Oct. 18 in granting the defendants' motion to dismiss without prejudice (Samit Patel v. Seattle Genetics Inc., et al., No. 17-41, W.D. Wash., 2017 U.S. Dist. LEXIS 172588).



District Court's Dismissal Of Market Manipulation Claims In Securities Suit Upheld
PHILADELPHIA - An investor failed to plead actual or presumed reliance in making his market manipulation claims against the Philadelphia Stock Exchange and certain market participants in violation of federal securities laws, and a federal district court did not err in dismissing as a result, a Third Circuit U.S. Court of Appeals panel ruled Oct. 25 in affirming (I. Stephen Rabin v. NASDAQ OMX PHLX LLC, et al., No. 16-2511, 3rd Cir., 2017 U.S. App. LEXIS 21093).



Cordis IVC Filter Plaintiffs Tell Supreme Court Trial Proposal Is No 'Mass Action'
WASHINGTON, D.C. - Plaintiffs in an inferior vena cava (IVC) filter case on Oct. 18 told the U.S. Supreme Court that their suggestion of individual bellwether trials does not convert their actions into a mass action under the Class Action Fairness Act (CAFA), 119 Stat. 4 (Cordis Corporation v. Jerry Dunson, et al., No. 17-257, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4013).



D.C. Federal Judge Certifies Class Of Enlisted Noncitizens Suing Over Delays
WASHINGTON, D.C. - A District of Columbia federal judge on Oct. 27 certified a class of enlisted people who are not yet citizens of the United States and are suing the U.S. Department of Homeland Security (DHS), the U.S. Department of Defense (DOD), the U.S. Citizen and Immigration Service (USCIS) and government officials for delaying their shipment to basic training or active-duty service until after the DOD's completion of enhanced security screening (Kusuma Nio, et al. v. United States Department of Homeland Security, et al., No. 17-998, D. D.C., 2017 U.S. Dist. LEXIS 178200).



New York Federal Judge Refuses To Strike Unaccepted Judgment Offer
NEW YORK - A New York federal judge on Oct. 30 denied a motion to strike an unaccepted offer of judgment filed by the lead plaintiffs suing New York City for seizing their food carts, opining that since there is not yet a certified class, offers of judgment on the lead plaintiffs' individual claims are appropriate (Sanwar Ahmed, et al. v. City of New York, et al., No. 17-3044, S.D. N.Y., 2017 U.S. Dist. LEXIS 179531).



Maryland Federal Judge Finds Exotic Dancers Employees Under FLSA
BALTIMORE - A Maryland federal judge on Oct. 27 issued an opinion addressing five motions and held, in part, that a class of exotic dancers suing for wage violations were employees under the Fair Labor Standards Act (FLSA) but had not yet proven a violation of the federal law (Maurlanna Braxton, et al. v. Eldorado Lounge, Inc., et al., No. ELH-15-3661, D. Md., 2017 U.S. Dist. LEXIS 178517).