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

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Headline Class Actions Legal News from LexisNexis®



 



Judge Partially Certifies Class Of Iraqis Facing Deportation, Orders Hearings
DETROIT - A Michigan federal judge on Jan. 2 partially granted a motion for class certification filed by Iraqi nationals seeking to stop their removal from the United States and ordered the release of those who have been detained six months or more as of the date of the order, unless a bond hearing is conducted on or before Feb. 2 (Usama J. Hamama, et al. v Rebecca Adducci, et al., No. 17-11910, E.D. Mich., 2018 U.S. Dist. LEXIS 421).



Partial Class Certification Granted In Suit Over Unwanted Faxed Ads
SAN FRANCISCO - A California federal judge on Dec. 26 partially certified a class in a lawsuit accusing an insurance agent of sending faxed advertisements to parties who had not consented to receiving them in violation of the Telephone Consumer Protection Act (TCPA), finding that the named plaintiff may represent only one of two proposed classes (John C. Etter, et al. v. Allstate Insurance Company, et al., No. 17-184, N.D. Calif., 2017 U.S. Dist. LEXIS 212166).



Pennsylvania Judge Certifies Class Alleging City's Trash Charges Are Excessive
SCRANTON, Pa. - A Pennsylvania resident may proceed with his class action accusing the city where he lives of overcharging residents for trash services, a Pennsylvania judge ruled Jan. 2, granting the motion for class certification (Adam Guiffrida v. City of Scranton, No. 2016-CV-6933, Pa. Comm. Pls., Lackawanna Co.).



Steak N Shake Managers Granted Certification In Wage Dispute
ST. LOUIS - A Missouri federal judge on Dec. 22 certified a collective of Steak N Shake Operations Inc. (SnS) managers suing for unpaid overtime, finding that the managers showed that their experiences in terms of how they spend their time at work and to what extent they exercise management responsibilities are substantially similar (Sandra Drake, et al. v. Steak N Shake Operations, Inc., No. 14-1535, E.D. Mo., 2017 U.S. Dist. LEXIS 210630).



Court Affirms Refusal To Certify UCL, FAL Claims Related To Pool Size
SAN FRANCISCO - A California appeals court on Dec. 4 affirmed a trial court's decision to deny class certification in a case filed by a consumer who asserted a claim for violation of California's unfair competition law (UCL) among other claims, finding that his counsel failed to conduct the appropriate discovery to obtain the necessary facts before filing the motion for certification (Diana Nieves Noel v. Thrifty Payless Inc., No. A143026, Calif. App., 1st Dist., Div. 4).



Nationwide Class Certified In Suit Over Vacuum, Filter In-Home Sales Practices
EAST ST. LOUIS, Ill. - An Illinois federal judge on Jan. 2 granted a motion for class certification filed by an Illinois consumer who accuses a company that sells vacuums and filters of engaging in practices that defraud consumers in violation of the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act and state laws (Sabra Rench, et al. v. TD Bank, N.A., et al., No. 13-922, S.D. Ill., 2018 U.S. Dist. LEXIS 368).



Judge Strikes Expert's Opinions, Denies Certification Of Class Over Siding
MINNEAPOLIS - A proposed class for consumers claiming that fiber cement siding on their homes prematurely fades and delaminates cannot be certified, a federal judge in Minnesota ruled Jan. 2, finding that individual issues involving each class member's home would require a mini-trial (In re: HardiePlank Fiber Cement Siding Litigation, MDL 2359, Case No. 12-md-2359, D. Minn.).



Federal Judge Certifies Class In Dispute Over Monthly Deduction Rate Increase
LOS ANGELES - A California federal judge on Dec. 11 granted policy holders' motion for class certification, appointment of class representatives and appointment of class counsel in their lawsuit challenging a life insurer's increase of its monthly deduction rate (MDR) (Gordon Feller, et al. v. Transamerica Life Insurance Company, No. 16-1378, C.D. Calif., 2017 U.S. Dist. LEXIS 206822).



Class Certified In Securities Lawsuit Against Drug Company, Others
SANTA ANA, Calif. - Certification of a class of investors in a securities lawsuit against pharmaceutical company Puma Biotechnology Inc. and certain of its executive officers is proper because the lead plaintiff has met all statutory requirements for approval, a federal judge in California ruled Dec. 8 in granting the plaintiff's motion (Hsingching Hsu v. Puma Biotechnology Inc., et al., No. 15-0865, C.D. Calif., 2017 U.S. Dist. LEXIS 206236).



No Stay During Appeal Of Arbitration Denial In TCPA Unwanted Texts Class Suit
SAN FRANCISCO - A California federal judge on Dec. 29 denied a motion to stay district court proceedings in a Telephone Consumer Protection Act (TCPA) class complaint over unwanted texted advertisements pending appeal of a denial of arbitration, finding that there are serious questions about the merits of the defendant's claims that an arbitration in a leasing agreement can apply to claims arising out of a completely separate terms of use agreement (Shawn Esparza, et al. v. SmartPay Leasing, Inc., No. 17-3421, N.D. Calif., 2017 U.S. Dist. LEXIS 213490).



$290M Settlement Reached In Related Valeant Insider Trading Suits
SANTA ANA, Calif. - Defendants in a pair of related securities class action lawsuits alleging an insider-trading and front-running scheme regarding pharmaceutical company Valeant Pharmaceuticals International Inc.'s attempt at a hostile takeover of Allergan Inc. will pay $290 million to settle the claims against them, according to a press release issued by Valeant on Dec. 29 (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif., and Timber Hill LLC v. Pershing Square Capital Management, No. 17-4776, C.D. Calif.).



Settlement Granted Preliminary Approval In Suit Over Burger King's BOGO Coupons
GREENBELT, Md. - A Maryland federal judge on Dec. 19 granted preliminary approval of a settlement between Burger King Corp. and its customers that will provide cash or coupons for the settlement class in a lawsuit accusing the fast food company of overcharging for certain sandwiches when customers used buy-one-get-one (BOGO) coupons (Koleta Anderson, et al. v. Burger King Corporation, No. 17-1204, D. Md.).



Settlement Valued At More Than $17.5M Approved In Stain Protection Suit
WEST PALM BEACH, Fla. - A Florida federal judge on Dec. 15 granted final approval of a settlement providing up to $13.5 million in cash to a class and millions more in vouchers, ending a complaint over the effectiveness of stain protection treatments on furniture (Benjamin Hankinson, et al. v. R.T.G. Furniture Corp., et al., No. 15-81139, S.D. Fla., 2017 U.S. Dist. LEXIS 207522).



Judge Seeks More Class Allocation Info Before Approving Race Bias Settlement
CHICAGO - An Illinois federal judge on Dec. 20 ordered plaintiffs in a race bias employment suit seeking to settle with one of four defendants to file additional allocation information before he would consider granting preliminary approval (Brian Lucas, et al. v. Vee Pak, Inc., et al., No. 12-9672, N.D. Ill., 2017 U.S. Dist. LEXIS 209872).



$14M Class Action Settlement Preliminarily Approved By Federal Magistrate Judge
SAN JOSE, Calif. - A California federal magistrate judge on Dec. 22 entered an order preliminarily approving a $14 million class action settlement in a suit in which participants of Fujitsu Technology and Business of America Inc.'s 401(k) plan alleged that the plan breached its fiduciary duty by charging excessive fees and by mismanaging the company's defined contribution retirement plan (Jerry Johnson, et al. v. Fujitsu Technology and Business of America Inc., et al., No. 16-3698, N.D. Calif.).



Plaintiffs Seek Approval Of $25M Class Action Settlement In ERISA Suit Against Wawa
PHILADELPHIA - Class action plaintiffs that accused their former employer Wawa Inc. of violating the Employee Retirement Income Security Act moved Dec. 29 for preliminary approval of a $25 million settlement to resolve claims arising out of a 2015 Employee Stock Ownership Plan (ESOP) amendment (Greg Pfeifer v. Wawa, Inc., et al., No. 16-497, E.D. Pa.).



Federal Judge Approves Revised Class Action Settlement In Pension Plan ERISA Suit
SAN FRANCISCO - A California federal judge on Dec. 28 approved a revised settlement as "fair, reasonable, and adequate" in a class action lawsuit alleging that an amendment to a pension plan is illegal under the Employee Retirement Income Security Act because it was not enacted in accordance with ERISA's provisions (Juan M. Reyes, et al. v. Bakery & Confectionery Union & Indus. Int'l Pension Fund, No. 14-05596, N.D. Calif., 2017 U.S. Dist. LEXIS 212816).



Judge Approves Final Class Settlement Related To $40M Stock Offering
NEW YORK - A New York federal judge on Dec. 14 ordered that a class action settlement reached with the officers of an energy firm and its underwriters in relation to the offering of $40 million in preferred stock from the company receive final approval and that the claimants be awarded fees (Vaccaro v. New Source Energy Partners, L.P., No. 15-8954, S.D. N.Y., 2017 U.S. Dist. LEXIS 205785).



Home Depot Appeals $15.3 Million Attorney Fees Award In Data Breach Suit
ATLANTA - In a Dec. 18 brief in the 11th Circuit U.S. Court of Appeals, Home Depot Inc. appeals what it describes as a "staggering" attorney fees award granted to a group of financial institutions (FIs) that sued over the retailer's 2014 data breach (Northeastern Engineers Federal, et al. v. Home Depot Inc., et al., No. 17-14741, 11th Cir.).



3rd Circuit: Super Bowl Fan Has Standing To Bring Claims Over Prices
PHILADELPHIA - Considering a class complaint alleging artificially inflated ticket prices for the 2014 Super Bowl for the second time, a Third Circuit U.S. Court of Appeals panel on Dec. 15 reversed a trial court ruling and found that a fan interested in purchasing tickets had standing to his claims after providing plausible economic facts in his amended complaint (Josh Finkelman, et al. v. National Football League, et al., No. 16-4087, 3rd Cir., 2017 U.S. App. LEXIS 25356).



Hearst Found To Have No Duty To Preserve Evidence Between Cases
NEW YORK - A magazine publisher that has faced several class complaints alleging unlawful disclosures of customers' data had no duty to preserve evidence between the termination of the first class complaint and the filing of the second, a New York federal magistrate judge ruled Dec. 18 (Josephine James Edwards v. Hearst Communications, Inc., No. 15-9279, S.D. N.Y., 2017 U.S. Dist. LEXIS 207540).



Class Claims Over Airline's Revocation Of Hiring Program Are Preempted By RLA
CHICAGO - An aviation maintenance technician's breach of contract class claims filed after his employer eliminated the program under which he was hired, affecting the speed at which he would achieve the top pay he was promised, are preempted by the Railway Labor Act (RLA), an Illinois federal judge ruled Dec. 18, granting the defendant's motion to dismiss (Thomas Ballard, et al. v. American Airlines, Inc., No. 17-2534, N.D. Ill., 2017 U.S. Dist. LEXIS 206948).



Magistrate Judge Won't Dismiss Amended Complaint In Generic Lovenox Antitrust Case
NASHVILLE, Tenn. - A Tennessee federal magistrate judge on Dec. 14 allowed two plaintiffs to file an amended complaint against two drug companies for alleged antitrust violations for their distribution of enoxaparin, a generic version of the anticoagulant Lovenox (The Hospital Authority of Metropolitan Government of Nashville and Davidson County, Tennessee, et al. v. Momenta Pharmaceuticals, Inc., et al., No. 15-1100, M.D. Tenn., Nashville Div., 2017 U.S. Dist. LEXIS 205747).



California Federal Judge Trims 1 Plaintiff From Macy's Pricing Class Suit
OAKLAND, Calif. - A California federal judge on Dec. 21 partially granted a motion to dismiss as to one named plaintiff in a class complaint accusing Macy's Inc. of misleading pricing practices, but otherwise denied the motion and gave Macy's until Jan. 12 to respond to the amended consolidated complaint (Kristin Haley, et al. v. Macy's Inc., et al., No. 15-cv-06033, N.D. Calif., 2017 U.S. Dist. LEXIS 210486).



Judge Dismisses ERISA, RICO Claims In Pharmacy Benefit Case Against Insurer
ST. PAUL, Minn. - A class action alleging that an insurer improperly profited when medications cost less than the insured's copay fails to support claims under the Employee Retirement Income Security Act (ERISA), Racketeering Influenced and Corrupt Organizations Act or state law, a federal judge in Minnesota held Dec. 19 in dismissing more than a dozen such claims (In re: UnitedHealth Group PBM Litigation, No. 16-3352, D. Minn., 2017 U.S. Dist. LEXIS 208328).



6th Circuit Panel Rules That District Court Erred In Loss Causation Analysis
CINCINNATI - A federal district court erred in dismissing a shareholder class action against the operator of the country's largest for-profit hospital system and certain of its executive officers for failure to plead loss causation because lead plaintiffs have shown that the filing of a complaint against the company alleging Medicare fraud and the defendants' own disclosures that the company's stock was down were sufficient corrective disclosures, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 13 in reversing and remanding (Norfolk County Retirement System v. Community Health Systems Inc., et al., No. 16-6059, 6th Cir., 2017 U.S. App. LEXIS 25136).



Summary Judgment Denied In Korean Ramen Price-Fixing Class Suit
SAN FRANCISCO - Purchasers of Korean ramen noodles who allege that a price-fixing scheme was started in 2001 by the noodle makers may proceed with claims against the two companies that remain as defendants, a California federal judge ruled Dec. 28, denying motions for summary judgment (In re Korean Ramen Antitrust Litigation, No. 13-4115, N.D. Calif., 2017 U.S. Dist. LEXIS 212843).



No Jurisdiction Under CAFA's 'Mass Action' Provision, Panel Says, Affirms Remand
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 14 affirmed a lower federal court's remand of a lawsuit arising from claims over defective water supply lines, finding that 26 insurers, acting as subrogees of 145 insureds, are the only plaintiffs and therefore fail to satisfy the numerosity requirement under the Class Action Fairness Act (CAFA) to retain federal jurisdiction (Liberty Mutual Fire Insurance Company, et al. v. EZ-Flo International, Inc., No. 17-56523, 9th Cir., 2017 U.S. App. LEXIS 25306).



Chamber, Others Tells High Court That Error Into The Void Creates No ERISA Claim
WASHINGTON, D.C. - An erroneous statement by a pension plan sponsor that resulted in no injury to any plan participant is not actionable under the Employee Retirement Income Security Act and its litigation in federal court is not allowed under Article III, the Chamber of Commerce of the United States of America, the American Benefits Council and the Retail Litigation Center Inc. argue in an amicus curiae brief filed Dec. 11 in the U.S. Supreme Court (Foot Locker, Inc., et al. v. Geoffrey Osberg, et al., No. 17-690, U.S. Sup.).



Employer Asks High Court To Find Lifetime Benefits Ruling Misinterpreted Tackett
WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals misinterpreted the U.S. Supreme Court's unanimous ruling in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), and recreated a conflict among the circuits when it held that the health care benefits for a class of retirees vested for life, an employer tells the U.S. Supreme Court in its Dec. 1 reply brief in support of its petition for writ of certiorari (CNH Industrial N.V., et al. v. Jack Reese, et al., No. 17-515, U.S. Sup.).



Cert Sought Over Cy Pres Provision In Deal Settling Indian Farmers' Bias Claims
WASHINGTON, D.C. - Alleging "self-dealing and collusion" among class counsel and class representatives in the distribution of money from a settlement of discrimination claims by Native American farmers against the U.S. Department of Agriculture, one class member took his battle against the allotment of surplus funds to cy pres nonprofits to the U.S. Supreme Court on Dec. 1 (Marilyn Keepseagle, et al. v. Sonny Perdue, et al., No. 17-807, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4776).



Data Breach Victims Ask High Court To Deny CareFirst's Article III Petition
WASHINGTON, D.C. - An appeals court correctly found that they plausibly alleged an injury-in-fact due to a breach of their insurer's network and the theft of their personally identifiable information (PII), a group of insureds tell the U.S. Supreme Court in a Jan. 2 brief opposing the insurer's petition for certiorari challenging their standing under Article III of the U.S. Constitution (CareFirst Inc., et al. v. Chantal Attias, et al., No. 17-641, U.S. Sup.).



7th Circuit Reverses Anti-Suit Injunction In Suits Over Pay At Jimmy John's
CHICAGO - Calling an anti-suit injunction an "extraordinary" form of relief, a Seventh Circuit U.S. Court of Appeals panel on Dec. 14 found that a district court erred in providing that relief to a sandwich shop franchisor that is being sued in three consolidated suits seeking wages, in parallel wage cases where the franchisor is not named as a defendant and claims are brought only against the franchisees (In re: Jimmy John's Overtime Litigation, No. 17-1655, 7th Cir., 2017 U.S. App. LEXIS 25282).



Judge Transfers Class Action Challenging Natural Products Labeling
SAN DIEGO - A California federal judge on Dec. 15 refused to dismiss a class action complaint filed by the makers and sellers of allegedly all natural products, but granted a request to transfer the case where a similar action has been stayed pending a determination by the Food and Drug Administration on whether the term "natural" should be regulated on food labels (Janell Johnson Campbell v. Annie's Homegrown Inc., et al., No. 17cv1736, S.D. Calif., 2017 U.S. Dist. LEXIS 206808).



Hospital Sued By Former Employee Over Use, Disclosure Of Fingerprints
CHICAGO - An Illinois man filed a class complaint on Dec. 21 in an Illinois state court accusing a Chicago hospital of violating state law by collecting, storing and disclosing employees' fingerprints and then failing to destroy the data when employment ends (Corey Heard, et al. v. St. Bernard Hospital, et al., No. 2017-CH-16828, Ill. Cir., Cook Co.).



T-Mobile, Amazon And Employer Defendant Class Hit With Age Discrimination Suit
SAN JOSE, Calif. - T-Mobile US Inc., Amazon.com Inc., Cox Communications Inc. and hundreds of other employers and employment agencies specifically exclude older workers by targeting their employment ads to younger workers on social media, three workers and the Communications Workers of America (CWA) argue in a Dec. 20 class complaint filed in a California federal court (Communications Workers of America, et al. v. T-Mobile US, Inc., et al., No. 17-7232, N.D. Calif.).



Cryptocurrency Companies Hit With Lawsuits Over Securities Law Violations
A number of lawsuits have recently been filed in federal district courts throughout the country pertaining to the rise in popularity of the cryptocurrency market.



Wage, Fraud, Vehicle Defect, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging wage-and-hour violations, fraud, vehicle design defect and unlawful access of credit reports.



Split Ohio Appeals Panel: Wage Class May Proceed With Members Who Agreed To Arbitrate
WARREN, Ohio - A divided Ohio appeals court panel on Dec. 11 upheld certification of a class of sales people suing the employer for "pulling" earned commissions, finding that the fact that the class definition encompasses some employees who signed an arbitration agreement not signed by the class representative does not doom the certification (Edward G. Gembarski, et al. v. PartsSource, Inc., No. 2016-P-0077, Ohio App., 11st Dist., 2017 Ohio App. LEXIS 5383).



9th Circuit Upholds Arbitration Ruling In AT&T Data Class Suit
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 11 upheld a ruling compelling arbitration in a class complaint brought by wireless customers who allege that AT&T Mobility LLC purposely slows data for "unlimited" customers, finding that there is no state action in the case and awarding costs to AT&T (Marcus A. Roberts, et al. v. AT&T Mobility LLC, No. 16-16915, 9th Cir., 2017 U.S. App. LEXIS 24946).



1st Circuit: No Arbitration Of Wage Dispute Where Worker Didn't Sign Agreement
BOSTON - A delivery company has no right to demand arbitration in a proposed class action wage dispute when the lead named plaintiff never signed the agreement containing the arbitration clause the company is now calling upon, a First Circuit U.S. Court of Appeals panel ruled Nov. 21 (Djamel Ouadani, et al. v. TF Final Mile LLC, f/k/a Dynamex Operations East, LLC, No. 17-1583, 1st Cir., 2017 U.S. App. LEXIS 23493).



Swift Transportation Workers' Wage Class Suit Is Sent Back To State Court
RIVERSIDE, Calif. - A California federal judge on Dec. 7 granted a motion to remand a wage-and-hour class complaint by yard hostlers, finding that the federal court does not have subject matter jurisdiction over the claims because the amount in controversy, minus an estimate on the damages statement for an unpleaded claim, is below $5 million (Grant Frisch v. Swift Transportation Co. of Arizona, LLC, No. 17-2226, C.D. Calif., 2017 U.S. Dist. LEXIS 202705).



Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages
SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy requirement for a class action (Jian-Ming "Scott" Zhao v. RelayRides Inc., et al., No. 17-cv-04099, N.D. Calif., 2017 U.S. Dist. LEXIS 204415).



Judge Keeps Class Suit Over Staffing At Nursing Homes In Arkansas Federal Court
LITTLE ROCK, Ark. - A class complaint accusing four nursing homes of breaching contractual and statutory duties by understaffing the facilities fails to qualify for any Class Action Fairness Act (CAFA) exemptions and belongs in federal court, an Arkansas federal judge ruled Dec. 4, denying a motion by the plaintiffs to remand the case (James Green, et al. v. Skyline Highland Holdings LLC, et al., No. 17-534, E.D. Ark., 2017 U.S. Dist. LEXIS 198553).



U.S. Veterans Seek Class Status In Suit Over 1966 Plutonium Dust Cleanup
WASHINGTON, D.C. - U.S. veterans who were present at the 1966 cleanup of plutonium dust in Palomares, Spain, moved Dec. 11 in the U.S. Court of Appeals for Veterans Claims for class certification in a lawsuit alleging that they were improperly denied service-connected disability compensation based on exposure to ionizing radiation (Victor B. Skaar v. David J. Shulkin, M.D., No. 17-2574, Vet. Clms.).



9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative, and the district court must conduct a Federal Rule of Civil Procedure 23 analysis (Silken Brown, et al. v. Cinemark USA, Inc., et al., No. 16-15377, 9th Cir., 2017 U.S. App. LEXIS 24764).



Class Certification, But No Tolling In Sephora Workers' Wage Suit
SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 203452).



3rd Circuit: No Class Or Claims For Mercedes Owners Alleging Faulty Wheels
PHILADELPHIA - Three owners or leasers of Mercedes-Benz USA LLC (MBUSA) who filed a class complaint accusing the car maker of selling vehicles with faulty wheels failed to show that their motion for class certification should have been granted or that the subsequent grant of summary judgment to MBUSA on their individual claims was wrongly denied, a Third Circuit U.S. Court of Appeals panel ruled Dec. 5 (Vincent Luppino, et al. v. Mercedes Benz USA, No. 16-3762, 3rd Cir., 2017 U.S. App. LEXIS 24511).



Noncitizens Seeking Arizona Driver's Licenses Granted Partial Class Certification
PHOENIX - A group of noncitizens with deferred action designations from the federal government who are suing seeking Arizona driver's licenses were granted partial class certification on Dec. 6 by an Arizona federal judge (Lucrecia Rivas Valenzuela, et al. v. Doug Ducey, et al., No. 16-3072, D. Ariz., 2017 U.S. Dist. LEXIS 200712).



Class Certification, Summary Judgment Motions Filed In Facebook Biometric Suit
SAN FRANCISCO - On Dec. 8, the same day that a group of plaintiffs moved for class certification in their claims under Illinois' Biometric Information Privacy Act (BIPA) against Facebook Inc., the social network moved for summary judgment, telling a California federal court that applying the Illinois law to its out-of-state facial recognition activities would violate the dormant commerce clause of the U.S. Constitution (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).



Assistant Managers Conditionally Certified In Applebee's Franchise Wage Suit
CHICAGO - An Illinois federal judge on Dec. 8 partially granted conditional certification in a class complaint brought by a restaurant franchise assistant manager (AM) who alleges that she and others were misclassified as exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws but granted a motion to dismiss by one of the franchisee defendants and gave the lead plaintiff one month to amend her complaint to show that that the defendant was her employer (Chamora Ivery, et al. v. RMH Franchise Corp., et al., No. 17-1619, N.D. Ill., 2017 U.S. Dist. LEXIS 202270).



Judge Certifies Investor Class In Securities Suit Against SeaWorld, Others
SAN DIEGO - Lead plaintiffs in a securities class action lawsuit against SeaWorld Entertainment Inc. and certain of its current and former executive officers over their alleged concealment of the negative impact the document "Blackfish" had on the company's business and financial condition have met all statutory requirements to certify the class of investors, a federal judge in California ruled Nov. 29 in certifying the class (Lou Baker v. SeaWorld Entertainment Inc., et al., No. 14-2129, S.D. Calif., 2017 U.S. Dist. LEXIS 196235).



Supreme Court Will Review Application Of American Pipe Tolling Doctrine In Securities Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 8 announced that it will determine whether the Ninth Circuit U.S. Court of Appeals properly ruled that American Pipe & Construction Co. v. Utah tolls the statute of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period (China Agritech Inc. v. Michael Resh, et al., No. 17-432, U.S. Sup.).



Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement
WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition for certiorari Dec. 4, citing conflicting lower court interpretations of the prior ruling and a remand ruling by the Ninth Circuit U.S. Court of Appeals that it says undermines the 2016 decision (Spokeo Inc. v. Thomas Robins, No. 17-806, U.S. Sup.).



7th Circuit Upholds Gift Card Fees Settlement Giving Attorneys More Than Class
CHICAGO - Noting that a settlement in a class suit over gift card fees that provided the attorneys with more compensation than the class members was not perfect, a Seventh Circuit U.S. Court of Appeals panel on Dec. 7 affirmed it nonetheless, ruling that the district court chose the better option (Saul M. Kaufman, et al. v. American Express Travel Related Services Company, Inc., No. 16-1691, 7th Cir., 2017 U.S. App. LEXIS 24698).



NCAA Settles College Athletes Pay Cap MDL For Nearly $209 Million
OAKLAND, Calif. - A California federal judge on Dec. 6 granted final approval of a $208,664,445 settlement to be paid by the National Collegiate Athletic Association (NCAA) to end all actions but one in a multidistrict litigation by student athletes who attended Division I schools and would have been awarded the full cost of attendance (COA) at those schools, but for the NCAA bylaw in effect until Jan. 1, 2015, that capped the maximum grant-in-aid at less than the COA (In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation, No. 14-2541, N.D. Calif., 2017 U.S. Dist. LEXIS 201104).



TJX Cos. To Pay $8.5 Million To End Class Claims Over Sale Prices
RIVERSIDE, Calif. - A California federal judge on Dec. 5 granted preliminary approval of an $8.5 million settlement to be paid by The TJX Cos. Inc., T.J. Maxx of CA LLC, Marshalls of CA LLC and HomeGoods Inc. to end class claims that the defendants used higher "Compare At" prices to make their "sale" prices look like a better deal (Staci Chester, et al. v. The TJX Companies, Inc., et al., No. 15-1437, C.D. Calif., 2017 U.S. Dist. LEXIS 201121).



Magistrate Approves Modified Settlement Agreement In FLSA Dispute With Franchisor
ROCHESTER, N.Y.- A federal magistrate judge in New York on Dec. 1 approved employees' motion for final approval of a modified $1.7 million class action settlement that increased the payout to the class members in a lawsuit alleging that their franchisor and franchisee employers violated the Fair Labor Standards Act (FLSA), further granting the plaintiffs' motion for attorney fees that awards the attorneys 44 percent less than the original proposal (Adam Cunningham, et al. v. Suds Pizza, Inc., et al., No. 15-6462, W.D. N.Y., 2017 U.S. Dist. LEXIS 198250).



Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge
NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).



4 Class Representatives Object To J.P. Morgan ERISA $75M Settlement
NEW YORK - Four class representatives in a New York federal lawsuit accusing J.P. Morgan Chase & Co. (JPMC) of violating the Employee Retirement Income Security Act by mismanaging retirement savings funds filed an objection on Dec. 7 to a proposed $75 million cash settlement reached between eight of the class representatives and JPMC, arguing that the amount the class will actually receive is far less than the total class damages (In re J.P. Morgan Stable Value Fund ERISA Litigation, No. 12-2548, S.D. N.Y.).



JPMDL Transfers Equifax Data Breach Cases To Northern District Of Georgia
WASHINGTON, D.C. - The U.S Judicial Panel on Multidistrict Litigation (JPMDL) on Dec. 6 issued a transfer order centralizing 97 cases pending in various districts over Equifax Inc.'s recently announced data breach in the U.S. District Court for the Northern District of Georgia (In Re: Equifax, Inc., Customer Data Security Breach Litigation, MDL No. 2800, JPMDL, 2017 U.S. Dist. LEXIS 200507).



Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit
MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 204027).



Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new evidence and improperly disqualified a plaintiff expert (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir., 2017 U.S. App. LEXIS 24674).



Montana Top Court Says Judge Improperly Allowed ERISA Defense
HELENA, Mont. - A judge improperly ignored the prejudice a class suffered when allowing a health insurer to raise Employee Retirement Income Security Act of 1974 defenses after the class certification was granted and the decision affirmed on appeal, a divided Montana Supreme Court held in an opinion released for publication on Nov. 24 (Dana Rolan, et al. v. New West Health Services, No. DA 17-0009, Mont. Sup.).



Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris
LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016), certiorari granted, Ernst & Young, LLP v. Morris, 137 S. Ct. 809 (2017) (Jener Da Silva v. Darden Restaurants, Inc., et al., No. 17-5663, C.D. Calif., 2017 U.S. Dist. LEXIS 203437).



Judge Stays Class Action Challenging Insurance Practices After Settlement Announced
JEFFERSON CITY, Mo. - A Missouri federal judge in a Nov. 29 text order granted a joint motion to stay a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute after the parties announced that they reached a settlement (Jean Heckmann v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.).



Majority Of Class Claims Over Biotin Labeling Survive Dismissal Motion
SAN DIEGO - A California federal judge on Dec. 6 partially granted a dismissal motion filed by the makers of Biotin supplements in a proposed class complaint alleging false labeling and gave the plaintiffs two weeks to file a second amended complaint (Rosa Alvarez, et al. v. NBTY, Inc., et al., No. 17-567, S.D. Calif., 2017 U.S. Dist. LEXIS 201159).



Illinois Federal Judge Dismisses All State Law Claims In 'Church Plans' Class Suit
CHICAGO - Plaintiffs' attempt to bring alternative claims under state law in an Employee Retirement Income Security Act class suit that alleges that two defined-benefits plans were improperly classified as "church plans" creates an "absolute conflict," an Illinois federal judge ruled Dec. 5 dismissing the five state law claims (Sheilar Smith, et al. v. OSF Healthcare System, et al., No. 16-467, S.D. Ill., 2017 U.S. Dist. LEXIS 199805).



Judge Permits ACA, ERISA Claims Challenging Insurer's Lactation Services Coverage
CHICAGO - Three women may largely proceed with their class action claiming that their health insurance company erected insurmountable barriers rendering it impossible to procure in-network lactation services and imposed illegal cost-sharing on out-of-network services in violation of the Patient Protection and Affordable Care Act (ACA) and Employee Retirement Income Security Act (ERISA), a federal judge in Illinois held Dec. 4 (Laura Briscoe, et al. v. Health Care Service Corp., et al., No. 16-10294, N.D. Ill., 2017 U.S. Dist. LEXIS 198452).



Miramax, Weinstein's Board Facilitated Harassment, RICO Class Complaint Alleges
NEW YORK - Miramax LLC, Miramax Film Corp. and Miramax Film NY LLC (collectively Miramax), The Weinstein Co. (TWC) and TWC's board facilitated and condoned the alleged flashing, fondling, sexual assault and rape carried out by movie producer Harvey Weinstein at offices, in hotel rooms, in his homes and in rooms at industry functions, six women allege in a Dec. 6 complaint filed in the U.S. District Court for the Southern District of New York seeking certification of a Federal Rule of Civil Procedure 23(c)(4) class for liability for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), battery assault and emotional distress (Louisette Geiss, et al. v. The Weinstein Company Holdings LLC, et al., No. 17-9554, S.D. N.Y.).



Prison Conditions, Debt Collection, Other Complaints Hit Courts
Recent class action lawsuits filed in federal courts across the country include complaints alleging deplorable prison conditions, illegal debt collection practices, wage-and-hour violations and breach of contract.



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).