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Illinois Appellate Panel Holds Foam Company Liable For Faxes Sent On Its Behalf
CHICAGO - A foam company whose independent contractor ordered a third party to send unsolicited faxed advertisements on the foam company's behalf is liable under the Telephone Consumer Protection Act (TCPA), an Illinois appeals panel ruled Feb. 7 (Loncarevic and Associates, Inc., et al. v. Stanley Foam Corporation, No. 09 CH 15403, Ill. App., 1st Dist., 2nd Div., 2017 Ill. App. LEXIS 53).



9th Circuit Upholds Class Certification In Credit Card Processing Dispute
SAN FRANCISCO - A California federal court did not abuse its discretion in certifying two classes in a lawsuit accusing the lessors of "point of sale" credit and debit processing equipment of scheming to defraud small businesses, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 7 (Just Film, Inc., et al. v. Sam Buono, et al., No. 14-16132, Rainbow Business Services, DBA Prevision Tune Auto Care, et al. v. Sam Buono, et al., No. 14-16133, 9th Cir., 2017 U.S. App. LEXIS 2164).



Request To Reopen Discovery Denied In Pom Wonderful MDL
LOS ANGELES - A California federal judge on Feb. 14 denied a request to reopen discovery, in an effort by plaintiffs to support a renewed motion for class certification, in a multidistrict litigation challenging the marketing of pomegranate juice, finding that the plaintiffs failed to demonstrate diligence (In re: Pom Wonderful LLC Marketing and Sales Practices Litigation, No. 10-2199, C.D. Calif., 2017 U.S. Dist. LEXIS 20854).



8th Circuit Upholds $22M Document Fees Award, Reverses Attorney Fees Decision
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 13 affirmed an award of nearly $22 million in treble damages in a class suit over document fees; however, the panel reversed a $2.4 million attorney fee award from the common fund and remanded for enforcement of a fee-shifting provision (Robert McKeage, et al. v. TMBC, LLC, et al., No. 15-3191, 8th Cir., 2017 U.S. App. LEXIS 2491).



Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement
DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich., 2017 U.S. Dist. LEXIS 18369).



Judge Gives Final Approval To $12.5M Settlement Of 4,000 Pelvic Mesh Claims
LOS ANGELES - A California federal judge on Jan. 31 gave final approval to a compulsory class settlement that will provide $12.5 million for pro rata awards to about 4,000 claimants' pelvic mesh claimants (Federal Insurance Company v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).



8th Circuit Finds Class Member Lacks Standing To Challenge $25.7M Settlement
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 8 found that a member of a class action lacked standing to appeal a district court's final approval of a $25,750,000 settlement of claims asserted against a bank in relation to fees it automatically charged for property inspections (Edward Huyer, et al. v. Rhadiante Van de Voorde, No. 16-1694, 8th Cir., 2017 U.S. App. LEXIS 2290).



Final Approval Granted To United Healthcare's Settlement Of Harvoni Drug Coverage
MIAMI - A federal judge in Florida on Feb. 2 granted final approval to a class action settlement in which United Healthcare Inc. agreed to remove certain restrictions on coverage for treatment of hepatitis C with the prescription drug Harvoni (Ilissa M. Jones, et al. v. United Healthcare Services, Inc., et al., No. 15-cv-6114-RLR, S.D. Fla.).



J.C. Penney To Settle Plan Losses Class Suit For $4.5 Million
TYLER, Texas - A Texas federal judge on Jan. 3 granted preliminary approval of a $4.5 million settlement to be paid by J.C. Penney Corp. Inc. to end a class suit accusing the retailer of violating the Employee Retirement Income Security Act by allowing the J.C. Penney Corporation Inc. Savings, Profit Sharing and Stock Ownership Plan (the plan) to remain invested in the J.C. Penney Common Stock Fund when it should have known the stock was being traded at an artificially inflated price due to misrepresentations by J.C. Penney senior officers (Roberto Ramirez, et al. v. J.C. Penney Corporation, Inc., et al., No. 14-601, E.D. Texas; 2017 U.S. Dist. LEXIS 389).



Judge Approves $5.5 Million Settlement Of Google Cookie Privacy Class Action
WILMINGTON, Del. - A proposed $5.5 million cy pres settlement of a class action over the tracking cookie practices of Google Inc. was approved by a Delaware federal judge Feb. 2, with requests for awards of attorney fees and incentive awards being granted and a lone objection to the settlement being overruled (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 1:12-md-02358, D. Del.).



Class Settlement Approved In 2 McAfee Antivirus Auto-Renewal Suits
SAN JOSE, Calif. - A California federal judge on Feb. 3 granted final approval of a settlement that will end two class complaints over antivirus software designer McAfee Inc.'s auto-renewal program (Sam Williamson, et al. v. McAfee, Inc., No. 14-158, Samantha Kirby, et al. v. McAfee, Inc., No. 14-2475, N.D. Calif., 2017 U.S. Dist. LEXIS 15838).



Preliminary Settlement Approval Granted In Suit Over Fungi-Based Vegan Products
LOS ANGELES - A California federal judge on Feb. 6 granted preliminary approval of a settlement by Quorn Foods Inc., a manufacturer of vegetarian and vegan products, to end a class complaint that it misled consumers by advertising its products as mushroom-based when they are actually made from fermented mold (Kimberly Birbrower v. Quorn Foods, Inc., et al., No. 16-1346, C.D. Calif.).



Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits
CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al., No. 16-853, S.D. Ohio, 2017 U.S. Dist. LEXIS 17899; Jacob Durham, et al. v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 17897; Heather McCann, et al. v. West Chester Hospital, LLC, et al., No. 15-440, S.D. Ohio, 2017 U.S. Dist. LEXIS 17902; Lyndsey Middendorf, et al. v. West Chester Hospital, LLC, et al., No. 15-439, S.D. Ohio, 2017 U.S. Dist. LEXIS 17901; Dana Setters, et al. v. Journey Lite of Cincinnati, LLC, et al., No. 15-487, S.D. Ohio, 2017 U.S. Dist. LEXIS 17900).



Judge Remands Class Claims Against Courier For Lack Of Jurisdiction
SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).



California Federal Judge: Suit Over Supplement Sales Belongs In Federal Court
SAN FRANCISCO - A class complaint accusing a supplements company of deceiving and misleading consumers by advertising free gifts with purchases belongs in federal court because the defendant has showed that the collective amount of the sales in question exceeds $5 million, a California federal judge ruled Feb. 6 (Darcey L. Sharpe, et al. v. Puritan's Pride, Inc., et al., No. 16-6717, N.D. Calif., 2017 U.S. Dist. LEXIS 16531).



2nd Circuit Reinstates TCPA Suit Over Faxed Dinner Invitation
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 3 reinstated a Telephone Consumer Protection Act (TCPA) class complaint, finding that a dinner invitation fax sent by a pharmaceutical company may qualify as an unsolicited fax advertisement (Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. 15-288, 2nd Cir., 2017 U.S. App. LEXIS 1937).



Class Suit Over Supplement Labels Is Dismissed; 30 Days Granted For Amendment
CHICAGO - An Illinois federal judge on Feb. 13 dismissed a class complaint over supplement labeling, in part for lack of personal jurisdiction based on alleged violations of non-Illinois consumer fraud statutes, and granted the named plaintiff 30 days to amend his complaint (David DeMedicis v. CVS Health Corp., et al., No. 16-5973, N.D. Ill., 2017 U.S. Dist. LEXIS 19589).



7th Circuit Reinstates Suit Claiming Electric Company Falsely Advertised Prices
CHICAGO - A federal trial court erred when it dismissed, for lack of subject matter jurisdiction, a class suit accusing an alternative retail electric supplier of attracting new customers by advertising one price and charging them another, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 8 (Peggy Zahn v. North American Power & Gas, LLC, No. 15-2332, 7th Cir., 2017 U.S. App. LEXIS 2256).



Data Breach Class Claims Against Premera Mostly Survive Dismissal Motion
PORTLAND, Ore. - Although an Oregon federal judge on Feb. 9 found that some fraud and contract-based claims related to a 2014 data breach experienced by Premera Blue Cross merited dismissal, he held that the plaintiffs cured some previous deficiencies and concluded that their claims are not preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (In Re: Premera Blue Cross Customer Data Security Breach Litigation, No. 3:15-md-02633, D. Ore., 2017 U.S. Dist. LEXIS 18322).



Excessive Taxes Class Suit Dismissed For Failure To State A Claim
NEW YORK - A New York federal judge on Feb. 14 dismissed a class suit accusing a retailer of charging excessive taxes on purchases where coupons are used, holding that the New York Tax Commission has the exclusive responsibility for examining those types of claims (Susan Kupferstein, et al. v. The TJX Companies, Inc., No. 15-5881, E.D. N.Y., 2017 U.S. Dist. LEXIS 20720).



California Federal Judge Partially Dismisses NFL Injury Class Complaint
SAN FRANCISCO - A federal judge in California on Feb. 3 granted in part a motion to dismiss a class complaint against all 32 National Football League teams, dismissing claims of violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and conspiracy brought by a class of retired players and the estates of deceased players who claim that the teams they played for caused them injury by giving them medication rather than allowing them to rest and fully heal from their injuries (Etopia Evans, et al. v. Arizona Cardinals Football Club LLC, et al., No. 16-01030, N.D. Calif., 2017 U.S. Dist. LEXIS 15803).



Judge: Investors' Commodities Exchange Act Claims Don't Meet Morrison Standard
NEW YORK - A federal judge in New York on Feb. 8 dismissed an amended complaint filed by investors who alleged that a financial services firm and its CEO engaged in a scheme to manipulate prices at which certain futures contracts traded on the Chicago Mercantile Exchange Global Platform (CME Globex), ruling that the investors failed to show that the alleged transactions took place on an American exchange as required pursuant to U.S. Supreme Court precedent in Morrison v. National Australia Bank, Ltd. (Myun-Uk Choi, et al. v. Tower Research Capital LLC, et al., No. 14-9912, S.D. N.Y., 2017 U.S. Dist. LEXIS 18174).



Judge: Pension Funds Failed To Show That Company Misstated Financial Condition
WEST PALM BEACH, Fla. - Two pension funds failed to plead any material misrepresentations or omissions or scienter in arguing that a company and certain of its executive officers issued misstatements regarding the company's financial condition in the wake of an industry downturn, a federal judge in Florida ruled Feb. 8 in granting the defendants' motion to dismiss (In re KLX Inc. Securities Litigation, No. 16-80023, S.D. Fla., 2017 U.S. Dist. LEXIS 17764).



Judge Substantially Denies Dismissal Of Claims In Securities Class Action
DENVER - Shareholders have pleaded a majority of their claims against defendants in a securities class action lawsuit against a drug maker, certain of its current and former executive officers and others, a federal judge in Colorado found Feb. 9 in ruling on three different dismissal motions (Sonny P. Medina, et al. v. Clovis Oncology Inc., et al., No. 15-2546, D. Colo., 2017 U.S. Dist. LEXIS 18795).



JPMDL Refuses To Centralize 4 Air Ambulance Fee Suits
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 2, despite support from both sides, denied a motion to centralize four cases, one of which is a class action, accusing a provider of air ambulance services of overcharging patients, finding that the defendants failed to show that centralization is appropriate (In Re: Emergency Helicopter Air Ambulance Rate Litigation, MDL No. 2760, JPMDL, 2017 U.S. Dist. LEXIS 15932).



2nd Circuit Panel Says Pension Plan Participant Has Standing To File Suit
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 issued a summary order vacating a New York federal judge's ruling that a pension plan participant does not have standing to sue on behalf of himself, his pension plan and other similarly situated Employee Retirement Income Security Act plans over alleged improper fiduciary conduct (Landol Fletcher v. Convergex Group LLC, et al., No. 16-734, 2nd Cir., 2017 U.S. App. LEXIS 2459).



Fracking Company: Royalty Owner Seeks 'Two Bites At The Apple' In Payment Dispute
OKLAHOMA CITY - A hydraulic fracturing company filed a brief in Oklahoma federal court on Jan. 25, arguing that a company that purchases royalties and mineral rights is attempting to get "two bites at the apple" on its claim that the fracking company has underpaid royalties to a group of mineral rights owners (Chieftain Royalty Company v. SM Energy Company, et al., No. 11-177, W.D. Okla.).



Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially
LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).



Damages, Monitoring Sought By Class Exposed To Bacteria During Surgery
COLUMBIA, S.C. - A South Carolina man filed a class complaint on Jan. 24 seeking an unidentified amount of damages and medical monitoring from the makers of a blood temperature regulation system after he was allegedly exposed to a potentially fatal bacteria during surgery (Steven Foster, et al. v. LivaNova PLC, et al., No. 17-218, D. S.C.).



Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients
SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).



Trader, CEO Concealed Subsidiary's Fraudulent Scheme, Investor Argues
NEW YORK - An online foreign exchange trading services provider and its CEO concealed that the company's American subsidiary had engaged in "false and misleading solicitations of its foreign exchange customers" in violation of federal securities laws, an investor argues in a Feb. 8 securities class action complaint filed in New York federal court (Ying Zhao v. FXCM Inc., et al., No. 17-0955, S.D. N.Y.).



Constitutional Violations, False Labeling, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging constitutional violations, false representations on beer labels, violations of the Electronic Funds Transfer Act and wage violations.



9th Circuit: Debt Collection Settlement Provides No Value To The Class
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Jan. 25 reversed a federal magistrate judge's approval of a Fair Debt Collection Practices Act (FDCPA) settlement that provided monetary recovery only to the named plaintiffs and required the class of approximately 4 million to forfeit their right to bring a class complaint, opining that there was no evidence that the settlement was fair and reasonable (Michael P. Koby, et al. v. ARS National Services, Inc., et al., No. 13-56964, 9th Cir., 2017 U.S. App. LEXIS 1317).



RBS Citizens Will Pay Nearly $4.6 Million To Settle TCPA Claims
SAN DIEGO - A California federal judge on Jan. 27 granted final approval of a nearly $4.6 million settlement to be paid by RBS Citizens N.A. to end a class complaint accusing the bank holding company of placing debt collections calls using an automated telephone dialing system or a prerecorded voice in violation of the Telephone Consumer Protection Act (TCPA) (Linda Sanders, et al. v. RBS Citizens, N.A., No. 13-3136, S.D. Calif., 2017 U.S. Dist. LEXIS 11860).



Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit
NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).



Settlement Of Volkswagen Franchisees' Class Action Wins Final Approval
SAN FRANCISCO - A California federal judge on Jan. 23 granted final approval of a $1.67 billion settlement of a class action against Volkswagen Group of America Inc. that creates a $1.21 billion settlement fund and provides additional benefits to hundreds of VW franchise dealers in the United States that suffered as a result of the diesel emissions cheating scandal (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, MDL No. 2672; Napleton Orlando Imports LLC, et al. v. Volkswagen Group of America Inc., et al., No. 3:16cv2086, N.D. Calif.).



$67 Million Settlement Approved In Suit Over Allegedly Defective Solar Panels
SAN FRANCISCO - A California federal judge on Dec. 22 granted final approval of a settlement by BP Solar International Inc. and Home Depot U.S.A. Inc. that is valued at more than $67 million, to end a class suit accusing the companies of marketing and selling defective solar panels (Michael Allagas, et al. v. BP Solar International, Inc., et al., No. 14-560, N.D. Calif.).



Barr Laboratories To Pay $225M In Class Settlement For Delaying Generic Cipro
SAN DIEGO - Six plaintiffs on Jan. 25 asked a state court to approve a $225 million settlement with Barr Laboratories Inc. for civil claims that the generic drug manufacturer caused consumers to pay higher prices when it took a cash payment from Bayer Corp. to not compete with Bayer Corp. by selling a generic version of the antibiotic Cipro (Cipro Cases I and II, JPPC Nos. 4154 and 4220, Calif. Super., San Diego Co.).



Member Of Settlement Class Cannot Challenge Cy Pres Provision, Judge Says
WASHINGTON, D.C. - An Indian who received a payment in a 2011 class action settlement between the U.S. Department of Agriculture and Native American ranchers and farmers does not have standing to pursue claims that the settlement's cy pres provisions are unconstitutional because, having already accepted a settlement payment, he cannot show that he will suffer any injury, a District of Columbia federal judge held Jan. 30 (William H. Smallwood, Jr. v. Sally Q. Yates, et al., No. 16-161, D. D.C., 2017 U.S. Dist. LEXIS 11915).



Class Certification Granted In Suit Seeking To Recover Excess PACER Fees
WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 24 certified a class of individuals and entities who have paid fees to obtain court records via the Public Access to Court Electronic Records system (PACER), with three nonprofit legal advocacy organizations as the class representatives, in a lawsuit accusing the federal government of charging fees in excess of the cost to operate the system (National Veterans Legal Services Program, et al. v. United State of America, No. 16-745, D. D.C.; 2017 U.S. Dist. LEXIS 9447).



9th Circuit Upholds Class Decertification In Costco Worker Wage Suit
PASADENA, Calif. - A California federal court did not err in decertifying a class of Costco Wholesale Corp. workers alleging various wage violations after finding that individualized issues predominate over common ones, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 (Eric Stiller, et al. v. Costco Wholesale Corporation, Nos. 15-55361 and 15-55691, 9th Cir.; 2017 U.S. App. LEXIS 1062).



11th Circuit: Dismissal With Prejudice Of Suit Against Tinder Was Too Extreme
ATLANTA - An 11th Circuit U.S. Court of Appeals on Jan. 17 reversed a trial court's dismissal with prejudice of a proposed class complaint accusing an online dating site of misleading business practices such as automatic renewals and unlawful price discrimination, holding that there was no clear finding that the lead plaintiff engaged in "contumacious conduct" or a showing that lesser sanctions would have been insufficient (Billy Warner, et al. v. Tinder, Inc., No. 16-10537, 11th Cir.; 2017 U.S. App. LEXIS 754).



Clothing Retailer's Dismissal Motion Denied In Deceptive Pricing Suit
NEW YORK - Ann Inc. must provide answers to claims that it engages in a deceptive pricing and advertising scheme at its Ann Taylor Factory and LOFT Outlet stores, a New York federal judge ruled Jan. 24, denying the retailer's motion to dismiss a class suit filed by two of its outlet stores' customers (Siobhan Morrow, et al. v. Ann Inc., No. 16-3340, S.D. N.Y., 2017 U.S. Dist. LEXIS 9770).



7th Circuit: Former Cable Subscriber Lacks Standing To Sue For Record Retention
CHICAGO - A former Time Warner Cable Inc. customer lacks standing to sue the company for retaining his personal information years after he canceled his service as he was unable to make any allegation of injury or potential injury, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 20 (Derek Gubala, et al. v. Time Warner Cable, Inc., No. 16-2613, 7th Cir.; 2016 U.S. App. LEXIS 1058).



Michaels Stores FCRA Class Suit Dismissed With Leave To Amend
NEWARK, N.J. - A New Jersey federal judge on Jan. 24 granted a motion to dismiss three consolidated cases accusing a crafts store chain of violating the Fair Credit Reporting Act (FCRA) with its allegedly insufficient background check disclosures, finding that the complaint failed to plead subject matter jurisdiction under the recent decision in Spokeo, Inc. v. Robbins, 136 S. Ct. 1540, 194 L. Ed. 2d 635 (2016) (In Re: Michaels Stores, Inc., Fair Credit Reporting Act [FCRA] Litigation, Nos. 14-7563, 15-2547, 15-5504, D. N.J.; 2017 U.S. Dist. LEXIS



1-800-Flowers Subsidiary That Issues Paychecks Is Dismissed From Wage Suit
DAYTON, Ohio - A motion to dismiss filed by a subsidiary of 1-800-Flowers.com Inc. that issued paychecks to the lead plaintiffs in a wage-and-hour class complaint was granted Jan. 23 by an Ohio federal judge, who found that the court lacks personal jurisdiction (Pamela Rodkey, et al. v. 1-800 Flowers Team Services, Inc., et al., No. 16-311, S.D. Ohio, 2017 U.S. Dist. LEXIS 9007).



Judge Dismisses Class Action Suit Over Air Conditioning Units With Faulty Coils
LOS ANGELES - A federal judge in California in Jan. 23 dismissed with prejudice a proposed class action lawsuit seeking damages under the Right of Repair Act (RORA) and the California Consumer Legal Remedies Act (CLRA) over allegedly defective air conditioning units manufactured by Daikin Industries Ltd., finding that the plaintiffs' claims failed because they did not involve the installation of the units (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.; 2017 U.S. Dist. LEXIS 10454).



Federal Judge Finds Tenants Lack Standing To Sue Real Estate Trust
SAN JOSE, Calif.- A California federal judge on Jan. 20 dismissed class action claims for violation of California's unfair competition law (UCL), negligence and other causes of action related to a data breach of a real estate trust's computer system, finding that former tenants of the trust's property failed to show that they had standing to sue (Mark Foster, individually and on behalf of all others similarly situated, v. Essex Property Inc., No. .5:14-cv-05531, N.D. Calif.; 2017 U.S. Dist. LEXIS 8373).



Judge Dismisses UCL Claims Against Costco And Producer Of Prawns
SAN FRANCISCO - A California federal judge on Jan. 24 dismissed proposed class action claims for violation of California's unfair competition law (UCL) and other claims, finding that a consumer failed to show that she purchased prawns from a retailer that were provided by two food product companies that produced the prawns using illegal labor practices (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 15-cv-03783, N.D. Calif.; 2017 U.S. Dist. LEXIS 9943).



9th Circuit: Employer Willfully Violates FCRA With Waiver And Disclosure
SAN FRANCISCO - An employer that includes a disclosure required by the Fair Credit Reporting Act (FCRA) in the same document as a liability waiver willfully violates the FCRA, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 in a case that it noted presented a question of first impression (Sarmad Syed, et al. v. M-I, LLC, et al., No. 14-17186, 9th Cir.; 2017 U.S. App. LEXIS 1029).



3rd Circuit Revives FCRA Suit Over Theft Of Laptops Containing Customer Data
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel majority on Jan. 20 found that the plaintiffs in a putative class action against their health care provider sufficiently alleged a concrete injury under the Fair Credit Reporting Act (FCRA) in alleging the dissemination of their personally identifiable information (PII) due to a theft of laptops, leading the majority to vacate a trial court's dismissal of the suit for lack of standing under Article III of the U.S. Constitution (In Re Horizon Healthcare Services Inc. Data Breach Litigation, No. 15-2309, 3rd Cir.; 2017 U.S. App. LEXIS 1019).



Video Game Players' Biometrics Complaint Over Facial Scans Dismissed
NEW YORK - A New York federal judge on Jan. 27 found that a putative class complaint against a video game manufacturer under an Illinois biometrics law failed because the lead plaintiffs did not establish a concrete injury-in-fact from the in-game facial scans with which they voluntarily participated (Ricardo Vigil, et al. v. Take-Two Interactive Software Inc., No. 1:15-cv-08211, S.D. N.Y., 2017 U.S. Dist. LEXIS 12295).



Puerto Rico Federal Judge Denies Motion To Dismiss Church Plan Class Action
SAN JUAN, Puerto Rico - A Puerto Rico federal judge on Jan. 27 adopted a magistrate judge's report and recommendation and denied pension plans' motion to dismiss an amended class action complaint alleging breaches of fiduciary duties under the Employee Retirement Income Security Act, saying the factual record must be developed before a summary judgment motion could be considered (Ivette M. Martinez-Gonzalez, et al. v. Catholic Schools of the Archioceses of San Juan Pension Plan, et al., No. 16-2077, D. Puerto Rico, 2017 U.S. Dist. LEXIS 11903).



Missouri Federal Judge Allows ERISA Class Action Against Edward D. Jones To Proceed
ST. LOUIS - A Missouri federal judge on Jan. 26 refused to dismiss a putative class action alleging breach of fiduciary duties under the Employee Retirement Income Security Act, saying that a participant in an employer profit-sharing and 401(k) plan's complaint provided sufficient facts to plausibly state these claims (Charlene F. McDonald, et al. v. Edward D. Jones & Co., et al., No. 4:16 CV 1346, E.D. Mo., 2017 U.S. Dist. LEXIS 10820).



Apple Seeks Rehearing In 9th Circuit IPhone App Store Antitrust Class Action
SAN FRANCISCO - In a Jan. 26 brief, Apple Inc. asks the Ninth Circuit U.S. Court of Appeals to rehear, or rehear en banc, a putative class action alleging price fixing and monopolization related to the selling of iPhone apps in its App Store, arguing that a panel decision did not properly apply controlling case law and unnecessarily created a circuit split (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.).



California Federal Judge: Local Controversy Exception Doesn't Apply To Wage Suit
SAN FRANCISCO - A California man who filed a wage-and-hour class complaint against his former employer in state court failed to show, when requesting remand after the case was removed to federal court pursuant to the Class Action Fairness Act (CAFA), that the local controversy exception applied, a California federal magistrate judge ruled Jan. 25 (Henry Hernandez v. Sysco Corporation, et al., No. 16-6723, N.D. Calif., 2017 U.S. Dist. LEXIS 10538).



9th Circuit: No Arbitration In Galaxy S4 Cell Phones Performance Class Suit
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 19 upheld a trial court's denial of an arbitration motion filed by Samsung Telecommunications America LLC and Samsung Electronics America Inc. (collectively, Samsung) in a class complaint alleging that Samsung made misrepresentations as to the performance of its Galaxy S4 phone, finding that the receipt of a brochure did not constitute an agreement (Daniel Norcia, et al. v. Samsung Telecommunications America, LLC, et al., No. 14-16994, 9th Cir.; 2016 U.S. App. LEXIS 956).



NHL Asks Federal Judge To Compel CTE Documents, Autopsy Report Of Former Player
MINNEAPOLIS - The National Hockey League (NHL) on Jan. 19 asked the federal judge overseeing the NHL concussion multidistrict litigation to compel the Boston University CTE Center to release documents relating to the chronic traumatic encephalopathy (CTE) research it conducts and the autopsy information of a former player whose estate is a lead plaintiff in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Some Phone Record Info Deemed Discoverable In FLSA Overtime Class Action
LAS CRUCES, N.M. - In a Jan. 24 order, a New Mexico federal magistrate judge found that limited non-private information about employees' cell phones and devices was discoverable in their overtime class action against their former employer brought under the Fair Labor Standards Act (FLSA), leading the magistrate to grant in part the defendant's motion to compel responses to two interrogatories (Jarrod B. Foster v. Nova Hardbanding LLC, et al., No. 2:15-cv-01047, D. N.M.; 2017 U.S. Dist. LEXIS 9835).



Judge: Investors Had Good Cause To Seek Amendment After Deadline
SAN JOSE, Calif. - Lead plaintiffs in a securities class action lawsuit against a medical device maker and certain of its executive officers have shown that they had "good cause" to request leave to amend their complaint because the information they seek to add to the amended complaint was not discovered until after the court-imposed deadline to amend pleadings, a federal judge in California ruled Jan. 25 (In re Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.; 2017 U.S. Dist. LEXIS 10716).



High Court Asked To Determine Jurisdiction Over Securities Act Claims
WASHINGTON, D.C. - A California state court lacked subject matter jurisdiction because only claims under the Securities Act of 1933 were made, defendants argue in a recent petition for writ of certiorari filed in the U.S. Supreme Court (FireEye Inc., et al. v. Superior Court of California, County of San Mateo, No. 16-744, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 4522).



Investors Seek High Court Review Of 11th Circuit Loss Causation Ruling
WASHINGTON, D.C. - The U.S. Supreme Court should grant review of an 11th Circuit U.S. Court of Appeals ruling affirming dismissal of a securities class action lawsuit for failure to plead loss causation because the circuit court's ruling is at odds with other federal circuit courts and is contrary to Supreme Court precedent, lead plaintiffs argue in a recent petition for writ of certiorari (Norfolk County Retirement System, et al. v. Health Management Associates Inc., et al., No. 16-685, U.S. Sup.).



Judge Denies Lone Pine Order In Tainted Groundwater Case Against Johnson Controls
SOUTH BEND, Ind. - A federal judge in Indiana on Jan. 25 denied a company's motion seeking a case management order referred to as a Lone Pine order in a trichloroethylene (TCE) groundwater contamination case, concluding that such an order should be used only in "exceptional cases" (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.; 2017 U.S. Dist. LEXIS 10006).



Wal-Mart Drivers Granted UCL Restitution In Minimum Wage Class Suit
SAN FRANCISCO - A California federal judge on Jan. 25 granted in part a post-trial motion filed by a class of Wal-Mart Stores Inc. drivers who successfully brought minimum wage claims against their employer and awarded the plaintiffs nearly $5.9 million in restitution under California's unfair competition law (UCL) (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-5221, N.D. Calif., 2016 U.S. Dist. LEXIS 10510).



New York Federal Judge Grants Immigrants' Emergency Motion For Stay Of Removal
NEW YORK - A New York federal judge on Jan. 28 granted an emergency motion for stay of removal filed by two immigrants seeking to represent themselves and a class of individuals with refugee applications, holders of valid visas and other individuals from seven countries who are legally authorized to enter the United States in response to an executive order issued by President Donald Trump one day earlier changing the way certain non-citizens may enter the United States and imposing a 120-day moratorium on the refugee resettlement program (Hameed Khalid Darweesh, et al. v. Donald Trump, et al., No. 17-480, E.D. N.Y.).



9th Circuit Finds Member Of Gym Consented To Receiving Text Messages
PASADENA, Calif. - After finding that a member of a gym expressly consented to receiving text messages and that he lacked standing to assert violations of California business and professions codes, the Ninth Circuit U.S. Court of Appeals on Jan. 30 affirmed a summary judgment ruling for the owners of the gym and its marketing firm (Bradley Van Patten v. Vertical Fitness Group LLC, et al., No. 14-55980, 9th Cir., 2017 U.S. App. LEXIS 1591).



Former 49ers Cheerleader Sues NFL, Teams for Alleged Wage Suppression
SAN FRANCISCO - A former cheerleader for the San Francisco 49ers, identified only as Jane Doe, filed a lawsuit Jan. 31 in the U.S. District Court for the Northern District of California accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders while the salaries for the football players have "skyrocketed" (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif.).



Amended UnitedHealth, OptumRx Class Action 'Clawback' Lawsuit Includes ERISA, RICO Claims
MINNEAPOLIS - An amended class action complaint filed Jan. 20 in Minnesota federal court against UnitedHealth Group Inc. and its subsidiaries and OptumRx Inc. over an allegedly deceptive "clawback" billing scheme includes claims of violations of the Employee Retirement Income Security Act and the Racketeer Influenced and Corrupt Organizations (RICO) Act (Kathy L. Fellgren, et al. v. UnitedHealth Group Inc., et al., No. 0:16-cv-03914, D. Minn.).



Investor: Biotech Company Concealed Gene Therapy Treatment Shortcomings
NEW YORK - A biotechnology company and certain of its executive officers concealed from investors that the science company's gene replacement therapy drug was not viable and that the company's principal executive officer previously worked for a biotech promoter that was subject to securities fraud violations in violation of federal securities laws, a shareholder argues in a Dec. 16 securities class action complaint filed in New York federal court (David Reilly v. Abeona Therapeutics Inc., f/k/a Plasmatech Biopharmaceuticals Inc., et al., No. 16-9730, S.D. N.Y.).



Investor: Tech Company's Board Issued Misleading Proxy Statement For Merger
WILMINGTON, Del. - The board of directors for a technology company violated federal securities laws by issues a proxy statement for a pending merger deal that omits material facts necessary for investors to vote on the proposed deal, an investor argues in a Jan. 20 securities class action complaint filed in Delaware federal court (Paul Parshall v. Neustar Inc., et al., No. 17-0060, D. Del.).



Unwanted Faxes, False Advertising, Other Complaints Hit Courts
Recent class action lawsuits filed in federal courts across the country include complaints alleging unauthorized faxes in violation of the Telephone Consumer Protection Act, defective products and discrimination.



6th Circuit Reverses Arbitration Ruling In TCPA Class Suit
CINCINNATI - A business contract's phone call provisions do not extend to calls made by an automated dialing system after the contract has expired, the Sixth Circuit U.S. Court of Appeals ruled Jan. 11, reversing a trial court's dismissal of class claims under the Telephone Consumer Protection Act (TCPA) (Kasie Stevens-Bratton, et al. v. TruGreen, Inc., No. 16-5161, 6th Cir.; 2017 U.S. App. LEXIS 632).



4th Circuit Reverses Arbitration Order In Utility Contract Dispute
RICHMOND, Va. - A district court erred in ordering arbitration of an internet and telephone contract dispute when it failed to first consider the application of Virginia law to the merits of the case, a Fourth Circuit U.S. Court of Appeals panel ruled Jan. 5 in a per curiam unpublished opinion (Jason Klein, et al. v. Verizon Communications, Inc., et al., No. 14-1660, 4th Cir.; 2017 U.S. App. LEXIS 199).



U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



Supreme Court Agrees To Hear Appeal Challenging American Pipe Tolling
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).



High Court Asks Government To Express Views In ERISA Indemnification Case
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 asked the U.S. solicitor general to file a brief expressing the government's views in a case that asks whether the Employee Retirement Income Security Act permits a cause of action for indemnity or contribution by a person found liable for breach of fiduciary duty (David B. Fenkell v. Alliance Holdings Inc., et al., No. 16-473, U.S. Sup.).



U.S. High Court Declines To Hear Appeal Of LIBOR Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied a petition for writ of certiorari filed by the banks accused, in a multidistrict litigation that was reinstated by the Second Circuit U.S. Court of Appeals after being dismissed by the trial court, of an alleged conspiracy to manipulate U.S. Dollar London Interbank Offered Rate (LIBOR) in violation of the Sherman Act (Bank of America Corporation, et al. v. Ellen Gelboim, et al., No. 16-545, U.S. Sup.).



U.S. Supreme Court Won't Hear Appeal In Securities Class Action Lawsuit
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 declined review of a securities class action appeal seeking a determination whether the extender provision for the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) displaces the statute of repose for Section 13 of the Securities Act of 1933 (First Horizon Asset Securities Inc., et al. v. Federal Deposit Insurance Co., No. 16-463, U.S. Sup.).



North Carolina High Court Affirms Class Certification In Tobacco-Pricing Suit
RALEIGH, N.C. - The North Carolina Supreme Court on Dec. 21 found that a trial court was right to certify a class of farmers who were members of a tobacco cooperative and alleged that it expelled them and used money they helped to generate after finding that there was not a conflict of interest between one of the class representatives and the rest of the plaintiff class and that nothing in North Carolina law precludes class certification (Kaye W. Fisher, et al. v. Flue-Cured Tobacco Cooperative Stabilization Corporation, No. 374A14, N.C. Sup.; 2016 N.C. LEXIS 1120).



7th Circuit: Additional Counterclaim Defendant May Not Remove Class Suit
CHICAGO - Where an original counterclaim defendant is barred from removing a case from state court to federal court under the provisions of the Class Action Fairness Act (CAFA), so too is an additional counterclaim defendant, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 5 (Tri-State Water Treatment, Inc. v. Michael Bauer, et al. v. Home Depot U.S.A., Inc., No. 16-3938, 7th Cir.; 2017 U.S. App. LEXIS 227).



Approval Of Wage Class Settlement Denied; Evaluation Of Recovery Requested
NEW YORK - A New York federal judge on Jan. 12 denied preliminary approval of a $290,000 wage-and-hour settlement, finding that the parties failed to provide an evaluation of the range of reasonable recoveries (Sean Patterson, et al. v. Premier Construction Co. Inc., et al., No. 15-662, E.D. N.Y.; 2017 U.S. Dist. LEXIS 4845).



Colorado Federal Judge: Wage Settlement Has Not Been Shown To Be Reasonable
DENVER - A Colorado federal judge on Jan 9 denied a motion for approval of a $275,000 wage-and-hour class settlement agreement, finding that the parties have failed to show whether the amount is reasonable or unreasonable (Domingo Ruiz, et al. v. Act Fast Delivery of Colorado, Inc., et al., No. 14-870, D. Colo.; 2017 U.S. Dist. LEXIS 4821).



Coconut Water Labeling Changes Reached To Settle Class Complaint
CENTRAL ISLIP, N.Y. - Harmless Harvest Inc., according to a motion for preliminary settlement approval filed Dec. 27 in the U.S. District Court for the Eastern District of New York, has agreed to remove the wording from its packages that indicates that its coconut water products are "100% Organic" and "Raw" in order to settle a class complaint accusing it of misrepresenting its products on its labels (Guoliang Ma, et al. v. Harmless Harvest, Inc., No. 16-7102, E.D. N.Y.).



Angie's List Paid Reviews Class Settlement Approved; Appeal Dismissed
PHILADELPHIA - A month after a Pennsylvania federal judge granted final approval of a settlement in a class action alleging unfair trade practices related to the paid reviews feature on Angie's List Inc.'s website, the Third Circuit U.S. Court of Appeals granted dismissal of an objector's appeal of that settlement after it was voluntarily withdrawn (Janell Moore, et al. v. Angie's List Inc., No. 16-4430, 3rd Cir.)



Jeans Labeling Class Settlement May Be Denied For 3rd Time
SAN DIEGO - A California federal judge on Jan. 10 issued a tentative order denying for the third time preliminary approval of a proposed class settlement in a lawsuit accusing a clothing company of improperly labeling its jeans as "Made in the USA," opining that the lead plaintiff failed to show that the settlement terms are in the best interest of the class (Sonia Hofmann, et al. v. Dutch LLC, et al., No. 14-2418, S.D. Calif.; 2017 U.S. Dist. LEXIS 3610).



3rd Circuit Vacates $1.1M Class Counsel Fee, Orders Reassessment
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 6 vacated a $1.1 million class counsel fee award reached as part of a settlement, finding that the district court failed to provide any support for its 4.35 multiplier (Deborah Dungee, et al. v. Davison Design & Development Inc., No. 16-1486, 3rd Cir.; 2017 U.S. App. LEXIS 259).



Pennsylvania Court Vacates Class Certification Denials In Oil Lease Disputes
HARRISBURG, Pa. - The Pennsylvania Superior Court on Jan. 17 in a single opinion vacated orders denying class certification in two substantially similar complaints alleging that oil and gas leases were breached and payments were never made, finding that the trial court abused its discretion in denying the motions (Lucinda A. Cardinale, et al. v. R.E. Gas Development, LLC, et al., No. 1186 WDA 2015, Mary R. Billotte, et al. v. R.E. Gas Development, LLC, et al., No. 1187 WDA 2015, Pa. Super.; 2017 Pa. Super. LEXIS 34).



7th Circuit: Vacation Pay Class Suit's Lack Of Common Question Is Fatal
CHICAGO - Two former restaurant workers who filed a class complaint against their employer alleging that they were denied pro rata vacation pay upon separation failed to provide a common question, and so the trial court properly denied their motion for class certification, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 5 (Demiko McCaster, et al. v. Darden Restaurants, Inc., et al., No. 15-3258, 7th Cir.; 2017 U.S. App. LEXIS 213).



3rd Request For Class Certification Of Counterclaims Against Sprint Fail
KANSAS CITY, Kan. - A cell phone reseller's third attempt at class certification for counterclaims accusing Sprint Nextel Corp. of restraining trade of preowned phones failed when a Kansas federal judge on Jan. 12 ruled that the motion was filed too late (Sprint Nextel Corporation v. The Middle Man, Inc., et al., No. 12-2159, D. Kan.; 2017 U.S. Dist. LEXIS 4931).



Interpretation Of W.R. Grace Plan Makes Order Appealable, Hospital Tells Court
WILMINGTON, Del. - A Delaware federal court has jurisdiction to hear a hospital's appeal of a bankruptcy court's refusal to reconsider denial of class certification for asbestos property damage claims against former Chapter 11 debtor W.R. Grace & Co. because the order interpreted W.R. Grace's plan of reorganization, the hospital argues Jan. 4 in response to the company's bid to dismiss the appeal (Anderson Memorial Hospital v. W.R. Grace & Co., et al., No. 16-799, D. Del.).



Blue Shield's Insurance Renewal Calls Found Not To Violate TCPA
SANTA ANA, Calif. - Single calls placed to each health insurance customer about policy renewals were not telemarketing or advertising, a California federal judge ruled Jan. 13, granting summary judgment to the insurance provider in a Telephone Consumer Protection Act (TCPA) class complaint (Shannon Smith, et al. Blue Shield of California Life & Health Insurance Company, No. 16-108, C.D. Calif.; 2017 U.S. Dist. LEXIS 5620).



11th Circuit Upholds Dismissal Of Payout Claims Against Electric Cooperative
ATLANTA - A rural electric cooperative that paid out excess revenues to members via account credits rather than cash did not violate Alabama law, the 11th Circuit U.S. Court of Appeals ruled Jan. 12, affirming a trial court's dismissal of cooperative members' class complaint (Pamela Caver, et al. v. Central Alabama Electric Cooperative, No. 15-15207, 11th Cir.; 2017 U.S. App. LEXIS 549).



Insurer May Pursue ACA Risk-Corridor Action, Federal Judge Says
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s risk-corridor program is a money-mandating source of law that requires annual payment, a federal judge held Jan. 10 in denying a motion to dismiss an insurer's action seeking declaratory judgment that the government owes it millions of dollars under the program (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



Judge: Investor Failed To Show Medical Device Maker Misstated FDA Conditions
BOSTON - A shareholder failed to show that a medical device maker and certain of its current and former executive officers issued material misrepresentations or omissions in connection with the company's statements made regarding the U.S. Food and Drug Administration's approval of a spinal injury repair device, a First Circuit U.S. Court of Appeals panel ruled Jan. 9 (Edmond Ganem, et al. v. InVivo Therapeutics Holdings Corp., et al., No. 15-1544, 1st Cir.; 2017 U.S. App. LEXIS 385).



Judge Dismisses Securities Suit For Lack Of Actionable Misrepresentations
LOS ANGELES - A shareholder has failed to show that a Chinese internet content and content delivery company issued any actionable misstatements or omissions or acted with the requisite scienter in making claims that the defendants misrepresented issues with the company's transition to a new cache cloud, a federal judge in California ruled Jan. 9 in granting the company's motion to dismiss (Guangyi Xu v. ChinaCache International Holdings Ltd., et al., No. 15-7952, C.D. Calif.; 2017 U.S. Dist. LEXIS 4235).



9th Circuit Deems IPhone App Purchases To Be Direct, Revives Antitrust Suit Against Apple
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 12 determined that Apple Inc. is a distributor of third-party created apps sold in its App Store, leading the panel to find that putative monopolization class claims related to the store could proceed (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.; 2017 U.S. App. LEXIS 577).



Suit Over Facebook's Terms Of Service Under New Jersey Law Dismissed
SAN FRANCISCO - A California federal judge on Jan. 9 granted a motion by Facebook Inc. to dismiss a putative class action over its terms of service (TOS) under New Jersey consumer law, with the judge deeming Facebook's California choice-of-law provision enforceable (Jose Palomino, et al. v. Facebook Inc., No. 3:16-cv-04230, N.D. Calif.; 2017 U.S. Dist. LEXIS 2971)



Judge Grants Stein Mart's Motion To Compel On 'Compare At' Claims
RIVERSIDE, Calif. - A California federal judge on Jan. 10 granted a retailer's motion to compel supplemental responses to certain discovery requests from a purchaser who asserts claims for violation of California's unfair competition law (UCL), false advertising and other claims related to its pricing (Marilyn Sperling v. Stein Mart Inc., et al., No. 15-1411, C.D. Calif.; 2017 U.S. Dist. LEXIS U.S. Dist. LEXIS 3668).



Federal Judge Transfers Employee's Class Claims Against Food Group
SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).



Samsung Hit With Class Suit Alleging It's Not Fixing Recalled Washers
OKLAHOMA CITY - Despite recalling certain top-load washers, Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. are failing to perform repairs, the only recall option available to consumers that won't cost them anything out of pocket, an Oklahoma man alleges in a class complaint filed Jan. 13 in an Oklahoma federal court (Jerry Wells, et al. v. Samsung Electronics America, Inc., et al. No. 17-46, W.D. Okla.).